Privacy Policy

Introduction

DairyAmerica, Inc. (“DA,” “we,” “us,” “our”) is committed to protecting your privacy.

This privacy policy describes the type of information we may collect from you or that you may provide when you visit and use the DairyAmerica.com website (collectively referred to as our “Website”) and our practices for collecting, using, maintaining, protecting and disclosing that information.

We participate in the E.U.-U.S. Privacy Shield Frameworks and comply with the Privacy Shield Principles. Click https://www.privacyshield.gov to learn more.

This policy applies to information we collect on this Website, in e-mail, and other electronic messages between you and this Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or on or through any of its features, register on the Website, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or username you may use.

If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at:

DairyAmerica Inc.
7815 N. Palm Ave Suite 250
Fresno, CA 93619

Type of Information We Collect

In connection with accessing our Website, we may collect information from you which can be used to identify you (“Personal Information”), such as your name, billing address, email address, phone, username and password.

We collect information when you register, contact us for support, or provide us feedback. Also, we collect information that you may provide or create when you interact with our Website.

We may also automatically collect certain usage information when you access our Website (“Usage Data”), such as Internet Protocol (“IP”) addresses, log files, click stream data, unique device identifiers, pages viewed, browser type, any links you click on to leave or interact with our Website, and other usage information collected from cookies and other tracking technologies. For example, we collect IP addresses to track and aggregate non-personal information, such as using IP addresses to monitor the regions from which users navigate to our Website. We also collect IP addresses from users when they log into the Website as part of our log-in and security features. We may also, when you enable location-based Services, collect Global Positioning System (GPS) location data and/or motion data.

Our Website may change over time and we may introduce new features that may collect new or different types of information.

How We Use Your Information

We may use your information, including your Personal Information, for the following purposes:

Account Registration

We may use your name, address, phone number, and email address to register your account.

To Improve our Website

We will use your information to personalize or customize your experience and the Service, develop new features or services, and to improve the overall quality and experience of the DA Website.

Customer Service and Technical Support

We may use your name, address, phone number, email address, how you interact with our Website, and information about your computer configuration to resolve questions you may have about our software as a service and to follow up with you about your experience. We also use Internet chat services. Transmissions are encrypted in transit using a 256 bit encryption.

Feedback

We may use any information you volunteer in surveys you answer for us to better understand our Website and how we may improve it. Answering any survey is optional.

Research and Usage

We may prepare and share information about our customers with third parties, such as advertisers or partners, for research, academic, marketing and/or promotional purposes. We will only use this data in a way that would not allow you or any other person to be identified.

Other Uses

To fulfill any other purpose for which you provide it.

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

In any other way we may describe when you provide the information. For any other purpose with your consent.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

To contractors, service providers and other third parties we use to support our business or perform analytics and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.

To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.

DA’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, DA remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless DA proves that it is not responsible for the event giving rise to the damage.

To fulfill the purpose for which you provide it.

For any other purpose disclosed by us when you provide the information.

We may also disclose your personal information:

To comply with any court order, law or legal process, including to respond to any government or regulatory request.

DA reserves the right to share your Information to respond to truly authorized information requests of governmental authorities or where required by law. DA reserves the right to use or disclose personal information provided to DA in response to a lawful request by public authorities, including to meet national security or law enforcement requirements, or if DA reasonably believes that use or disclosure is necessary to protect DA’s rights and/or to comply with a judicial proceeding, court order, or legal process. In exceptionally rare circumstances where national, state, or company security is at issue, DA reserves the right to share our entire database of visitors and clients with appropriate government authorities.

To enforce or apply our terms of use or terms of sale and other agreements, including for billing and collection purposes.

If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of DA, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We will not, under any circumstances, sell your personal information.

Reporting to Credit Bureaus

We may share your information with credit bureaus, consumer reporting agencies, and card associations. Late payments, missed payments, or other defaults on your account may be reflected in your credit report and consumer report. We may also share your information with other companies, lawyers, credit bureaus, agents, government agencies, and card associations in connection with issues related to fraud, credit, or debt collection.

Choices About How We Use and Disclose Your Information

We strive to ensure you have choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to :

DairyAmerica Inc.
7815 N. Palm Ave Suite 250
Fresno, CA 93619

Tracking Technologies and Advertising

You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Do Not Track

Like most other companies, our Services are not currently configured to respond to browsers’ “Do Not Track” signals because at this time no formal “Do Not Track” standard has been adopted.

Promotional Offers from DA

If you do not wish to have your e-mail address/contact information used by DA to promote its products or services, you can opt-out by clicking on the Unsubscribe link at the bottom of every email. This opt out does not apply to information provided to DA as a result of a subscription purchase, service experience or other transactions.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page.

Your California Privacy Rights

California Civil Code Section 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send written notice to:

DairyAmerica Inc.
7815 N. Palm Ave Suite 250
Fresno, CA 93619

Data Retention and Your Access Rights

Retention Rights

In accordance with and as permitted by applicable law and regulations, we will retain your information as long as necessary to serve you, to maintain your account for as long as your account is active, or as otherwise needed to operate our business. When you close your account, we may continue to communicate with you about our services, give you important business updates that may affect you, and let you know about products and services that may interest you, unless you have opted out of receiving marketing communications. We may also continue to use some of your information for business purposes and to improve our offerings or in some cases to develop new ones. We will retain and use your information as required by applicable regulations and DA’s records and information management policies to comply with our legal and reporting obligations, resolve disputes, enforce our agreements, complete any outstanding transactions and for the detection and prevention of fraud.

Your Access Rights

If you have created an account with us and would like to update the Personal Information you have provided to us, you can access your account to view and make changes or corrections to your Personal Information.

Pursuant to the Privacy Shield Frameworks, EU and UK individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should direct their query to [email protected]. If requested to remove data, we will respond within a reasonable timeframe.

Security of Your Information

Keeping your Information safe is important to us. We provide reasonable and appropriate security measures in connection with securing Personal Information we collect.

We constantly work to update our security practices to implement accepted best methods to protect your Personal Information, and review our security procedures carefully.

We comply with applicable laws and security standards.

We securely transmit your sensitive Personal Information.

We train our staff and require them to safeguard your data.

Privacy Shield Policy

DA complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and the United Kingdom transferred to the United States pursuant to Privacy Shield. DA has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/.

The United States Federal Trade Commission (FTC) is the enforcement authority with jurisdiction over this compliance with the Privacy Shield.

DA has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.

Privacy Officer
DairyAmerica, Inc.
7815 North Palm Avenue, Suite 250
Fresno, California 93711

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at:

DairyAmerica Inc.
7815 N. Palm Ave Suite 250
Fresno, CA 93619

Effective Date: May 8, 2020