GOLD STAR FOODS, INC.
PRIVACY POLICY
This Privacy Policy (this “Privacy Policy”) explains how we collect, protect, use, and disclose the
Private Information (defined below) when you use our website located at
www.goldstarfoods.com or any other website we operate (collectively, the “Sites”), including
those websites through which our customers, suppliers, associates, contractors and business
partners may complete transactions, conduct other business and manage their accounts.
We understand that you care about how your Private Information is used and shared, and we
take your privacy seriously. Please read the following to learn more about this Privacy Policy.
GENERAL
“Gold Star”, “we” and “our” refer to Gold Star Foods, Inc. and its operating subsidiaries and
affiliates that may adopt this Privacy Policy. “You” and “your” refer to the individuals visiting our
sites, as well as to the organizations or businesses that they represent.
By visiting one of the Sites, you are accepting the practices outlined in this Privacy Policy, which
is subject to modification. It is your responsibility to review this Privacy Policy frequently and
remain informed about any changes to it.
PRIVATE INFORMATION
“Private Information” means
• as to a natural person, any information that may be used uniquely to identify the person (other
than in such person’s representative capacity on behalf of a business enterprise). Such
information includes first and last name, birth dates, social security number, driver’s license,
personal e-mail addresses, credit information, home phone numbers, addresses or any other
information the website may collect that is defined as private information under applicable law.
• as to a business enterprise, any banking or confidential financial information that it does not
generally share with third parties but that may be shared with us in any business transaction.
“Private information” does not include, without limitation, aggregated information (i.e. information
presented in summary or statistical form which does not contain data that would permit the
identification of a specific individual without significant effort).
A “business enterprise” or “business” means any sole proprietorship, partnership, corporation,
limited partnership, limited liability partnership or company, business group or cooperative.
GATHERING OF PRIVATE INFORMATION
Gold Star may collect Private Information from its customers, suppliers and other Site users in
several ways:
Gold Star may gather account information through the Sites.
When you visit the Sites, we may ask you for Private Information so that we can provide you
with the products, services, or information that you have requested. When you maintain a
business account with Gold Star and transact business with Gold Star through the Sites, we
may ask you for information necessary to process and complete transactions with us, including
your name, shipping and billing addresses, e-mail address, and payment-related information.
Gold Star may maintain historical account information of its customers and suppliers.
Gold Star may maintain of its historical account information for its present and former customers
and suppliers. This historical information may predate such customers’ and suppliers’ use of the
Sites for transacting business with Gold Star. We maintain this information so that we may
better serve and effectively interact with our customers and suppliers. Historical account
information constituting Private Information maintained by Gold Star is subject to this Privacy
Policy.
Gold Star may gather information from the Sites by cookies and Internet monitoring
technologies.
Cookies are small text files stored by your browser in your computer when you visit our Sites.
We may use cookies to improve the Sites and make them easier to use. Cookies permit us to
recognize users and avoid repetitive requests for the same information. Cookies also assist us
in identifying the types of browsers and operating systems used most by our customers, and
how visitors move through the Sites. All of this information enables us to improve the Sites and
tailor them to our customers’ needs and preferences. We may use cookies for a variety of
purposes intended to make our Sites a better service for you. We reserve the right to use
cookies to deliver content specific to your needs and interests. We may also use cookies to
track user trends and patterns in order to better understand and improve areas of our sites that
our users find valuable. In addition, our servers may track various technical details about your
visit, such as your computer’s Internet protocol address and the pages that you’ve visited.
We also reserve the right to use outside companies to display ads on our sites. These ads may
contain cookies. Cookies received with banner ads are collected by such outside companies,
and we do not have access to this information.
Gold Star may gather information provided by you in one or more other features of the Sites.
Gold Star may from time to time offer interactive or social aspects on the Sites. For example, if
you choose to express an opinion in an online forum, respond to user polls, or enter any
contests, we may ask you for Private Information. If you request to sign up for newsletters or
other promotional materials, or if you send an inquiry to one of our customer service
representatives, we may store a record of your request along with any Private Information
allowing us to respond to your inquiry.
HOW GOLD STAR USES PRIVATE INFORMATION
Gold Star may use Private Information in establishing, maintaining and concluding business or
employment arrangements.
Gold Star may use Private Information to evaluate prospective customers, suppliers and
employees and, if we so elect, to open, maintain and terminate customer accounts or supplier
arrangements.
Gold Star may Private Information to process transactions with customers and suppliers and to
improve its business processes.
Gold Star may use Private Information to fulfill orders placed by customers, to order goods from
suppliers, to respond to the requests of users of the Sites, and generally to enrich the
usefulness of the Sites. In addition, Gold Star may use Private Information, both on an
identifiable and aggregate basis, in various analyses intended to help Gold Star understand its
customers and suppliers better. Gold Star reserves the right to perform such “data mining”
activities at its discretion, subject to the terms of this Privacy Policy.
Gold Star may use Private Information in aggregated reports.
We may combine Private Information with other information to create aggregate or summary
reports, and we may provide aggregate data to other parties for marketing, advertising, and
other purposes. If Gold Star provides information to other parties in aggregate form, such data
will not include any specifically identifiable Private Information concerning specific customers,
suppliers or individuals.
SHARING OR DISCLOSING PRIVATE INFORMATION
Private Information is used to complete and support your use of the Sites and the services
provided thereon and to comply with any requirements of law. Gold Star may share Private
Information with third parties as described below:
Gold Star may disclose Private Information as required by law and for the protection of Gold
Star and others.
Gold Star may disclose Private Information if required to do so by law or in the good faith belief
that such action is necessary to: (1) conform to the requirements of law or comply with legal
process served on Gold Star or its affiliates or the Sites; (2) protect, enforce and defend the
rights, property or safety of Gold Star, our employees and contractors, our users or others; (3)
act in urgent circumstances to protect the personal safety of users of Gold Star, its websites or
the public; and (4) enforce or apply our terms of use, credit terms, and other business
agreements and arrangements. Without limiting the foregoing, we may use Private Information
in connection with the collection or enforcement of your obligations to us. We may also share
Private Information with other companies and organizations for fraud protection and credit risk
reduction.
Gold Star may disclose Private Information to third parties who help us provide our services.
We depend upon third parties and independent contractors (collectively “third party service
providers”) to provide services in connection with our business operations. We may transmit
your Private Information to or allow access to such information by third party service providers
who may assist us in a variety of ways, including in hosting our business information and data,
allowing information technology providers and maintenance services to provide and support
information technology systems and services, processing orders and payments, shipping
products, sending catalogs, performing surveys, conducting promotions, advertising and
marketing, processing job applications, providing recruitment and background screening, and
sending e-mails and newsletters. Without limiting the foregoing, we may make certain of the
pages associated with our sites available for employment opportunities or human resources.
They usually will be captioned "Jobs" or "Careers" or will have similar labels or captions clearly
indicating the employment opportunity subject matter and such pages may be co-branded with
third party service providers. For example, we have contracted with various background search,
testing and drug screening companies that may provide recruitment related services at different
points in the recruiting process.
We use good faith efforts with these third party service providers to require them to protect the
privacy of Private Information by implementing adequate security measures and by using the
Private Information only as authorized and directed by Gold Star. We do not permit such third
parties to use Private Information for direct marketing or any other purposes not authorized by
Gold Star. However, such third party service providers perform work outside of our direct
supervision and, therefore, we can never guarantee that Private Information will be protected by
such third parties.
Gold Star may disclose Private Information as part of a corporate transaction.
If Gold Star should ever merge with, acquire or be acquired by another company, whether by
merger, stock transfer, or sale of assets, we may disclose, sell or otherwise transfer control of
the Private Information to a third party as part of such transaction.
Private Information may be disclosed if you participate in one or more interactive or social
features that Gold Star may offer on the Sites.
Gold Star may allow other users of the Sites to browse comments, questions or other entries
that you have submitted or commented on in one or more forums, message boards, product
ratings, feedback portals or other interactive or social aspects that Gold Star may include on the
Sites from time to time. Gold Star may choose to post this data on other features in the future.
Your use of such social features constitutes your consent and agreement to Gold Star’s use of
any content you post or transmit through such features for Gold Star’s editorial, advertising and
publicity purposes, without compensation to you, except where prohibited by law.
SHARING OR DISCLOSING AGGREGATED INFORMATION
We reserve the right to share aggregated information with third parties at our discretion. We will
use our good faith efforts to aggregate information in a manner that will not reveal identifiable
Private Information about you.
OPT OUT PROCEDURES
To the extent required by law, and except as set forth above, so long as you have provided your
email address to us, if we intend to use or share your Private Information beyond the scope
described above or in a manner that we reasonably determine to be a purpose incompatible
with the purpose(s) for which it was originally collected, we will endeavor to contact you and
provide you with the ability to prevent the sharing of this information through “opt out” elections.
If we do provide opt out elections with respect to new uses, even if not legally required to do so,
such opt out elections will be treated as affirmative consent to the specified uses if you do not
respond in a manner and within the period specified in the election to deny us the right to make
such use.
SECURITY OF PRIVATE INFORMATION
The security of Private Information is a priority for us. We implement measures that we believe
in good faith will protect this information to the extent reasonably feasible in light of industry
practices. In some cases the measures employed may vary depending on the level of sensitivity
of the Private Information. Our measures may include restricted access to certain of our
systems (including physical and electronic safeguards, such as passwords). We may also
institute procedural safeguards, such as identity authentication procedures and disaster
recovery plans.
When we share Private Information with third party service providers, we use good faith efforts
to require such service providers to protect the privacy of Private Information by implementing
adequate security measures and by using the Private Information only as authorized and
directed by us. However, such third party service providers perform work outside of our direct
supervision and, therefore, we can never guarantee that Private Information will be protected by
such third parties. Use of the Sites is at your own risk. We are not responsible for the
circumvention of any security measures used by our third party service providers.
If you have or open a business account with Gold Star, the privacy and security of your Gold
Star account information is protected by your account username and password. You should be
aware that any person to whom you grant access to your account username and password will
have access to your complete account information, including transaction histories. You should
not grant access to your user name and password to any person to whom you are not
comfortable sharing such information. In addition, you need to work to protect against
unauthorized access to your password and to your computer by logging off once you have
finished using a shared computer.
LINKS TO OTHER SITES
You should be aware that this Privacy Policy applies only to the Sites. Importantly, it does not
apply to any other websites to which a link may be provided on the Sites. We cannot control and
are not responsible for the actions of third parties operating such sites. You should not take the
existence of an affiliation with, or a link from, the Sites to any such other website to mean that it
has a privacy policy similar to this one. You should review the privacy policy of any such
website.
INTERNATIONAL TRANSFERS
Private Information collected on this website may be stored and processed in the United States
or any other country in which Gold Star or its affiliates, subsidiaries, agents, or third party
service providers maintain facilities and/or infrastructure, and by using this website, you consent
to any such transfer of information outside of your country. Unless applicable law requires
different security and protections to be applied in any given relevant jurisdiction, we apply the
same principles in using, handling and transmitting data as described in this Privacy Policy in all
of our operations.
OTHER AGREEMENTS, ARRANGEMENTS AND POLICIES
This Privacy Policy supplements, but does not supersede, the provisions set forth in Terms of
Use relating to Sites, supplier or customer agreements, credit applications, and other
agreements, arrangements or policies, which provisions shall take precedence over any
conflicting terms in this Privacy Policy.
MODIFICATIONS TO THIS PRIVACY POLICY; YOUR CONSENT
By using any of the Sites, you agree to this Privacy Policy. This is our entire and exclusive
Privacy Policy and it supersedes any earlier version. We may change this Privacy Policy at any
time by posting a new version of this Privacy Policy on the Sites. We encourage you to
periodically review this Privacy Policy to stay informed about how we are protecting the Private
Information we collect. Your continued use of a Site constitutes your agreement to this Privacy
Statement and any updates.
DISCLAIMER; APPLICABLE LAW; LIMITATIONS ON LIABILITY
The Sites operate “AS-IS” and “AS-AVAILABLE,” without liability of any kind. We are not
responsible for events beyond our direct control.
This Privacy Policy is governed by the laws of California, excluding conflicts of law principles.
Any legal actions against us must be commenced in the state or federal courts located in Los
Angeles County, California within one (1) year after the claim arose, or such action(s) will be
barred.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits users that are California residents to request that
we not share certain information included in “Private Information” with third parties if we know or
have reason to know that the third parties use the covered information for the third parties’ direct
marketing purposes. As stated above under the caption “Gold Star may disclose Private
Information to third parties who help us provide our services” our policies and contracts with
third party service providers require such providers to secure Private Information related to all
customers and suppliers, including California customers and suppliers, and do not permit any
use of Private Information for direct marketing or any other purposes not authorized by Gold
Star.
CHILDREN UNDER THE AGE 13
None of our Sites are directed or otherwise promoted for use by children under the age of
thirteen (13). Consistent with the Children’s Online Privacy Protection Act of 1998, Gold Star
does not knowingly collect personally identifiable information on children under the age of
thirteen (13).
CONTACTING INFORMATION
If you believe that Gold Star has not adhered to this Privacy Policy, or if you feel that you need
to correct information about you held by Gold Star, please contact us by postal mail at Gold Star
Foods, Inc., P.O. Box 4328, Ontario, CA 91761-1558.