Updated June 13, 2023

INTRODUCTION
This Privacy Policy explains how Silver Fern Farm USA LLC, Silver Fern Farm USA Direct LLC and its group entities (collectively “Silver Fern Farms”, “we”, “our”, or “us”) collect, store, use and share your information when: (1) you visit our Sites; (2) communicate with us in any manner (e.g., by email); or (3) we engage with certain third parties.

ACKNOWLODGEMENT
Please read this Privacy Policy carefully together with our Cookie Policy and Terms of Use, which may change from time to time. This Privacy Policy is subject to the applicable laws in the places in which we operate, and is intended for users who are located in the United States of America (“US”). If you live outside the US, see international jurisdictions on our website. This Privacy Policy does not create a contract between you and Silver Fern Farms.

BY ACCESSING AND/OR USING OUR SITES, OBTAINING OUR SERVICES, OR BY COMMUNICATING WITH US IN ANY MANNER, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY POLICY.

If you are a California resident, please see our California Privacy Notice below.

DEFINITIONS
For the purposes of this Privacy Policy:

“Services” means the products or services we offer to you through our Sites and other mechanisms.

“Sites” means the Silver Fern Farms USA website (www.silverfernfarms.com/us/), Silver Fern Farms e-commerce website (us.silverfernfarms.com), and other websites, web pages, interactive features, applications, blogs, software, tools, mobile applications, and online wireless offerings that post a link to this Privacy Policy.

WHAT INFORMATION DO WE COLLECT?
Depending on whether and how you interact with our Sites, Services, and the degree to which we interact with third parties, we may collect a variety of categories of your information, including but not limited to:

• Basic identifying information: your name, position, role, organization, telephone number, email and postal address, signature, and other identifying information.
• Business information: data identifying you in relation to matters in which you are involved.
• Your logon ID and password: for access to our Sites.
• Subscriptions/preferences: when you subscribe to receive marketing materials, other updates, briefs, newsletters or other information as well as consent preferences to help us identify which materials you are interested in receiving.
• Events data: attendance at and provision of feedback forms in relation to our events.
• Supplier data: contact details and other information about you or your organization where you supply stock/goods and/or services to us.
• Customer data: contact details and other information about you or your organization where you purchase or receive stock/goods and/or services from us.
• Social media: posts, Likes, tweets and other interactions with our social media presence.
• Information from public sources: e.g. LinkedIn and similar professional networks, directories or internet publications.
• Device identifiers and other unique identifiers: device identifier, internet protocol (IP) address, cookies, beacons, pixel tags, mobile ad identifier, and other unique identifiers.
• Online data: information about your visit or use of our Sites, including URL clickstream information, information about your network, information about devices, nodes, configurations, connection speeds and network application performance, pages viewed or searched for, page response times, download errors, length of visits and interaction information (such as scrolling, clicks, mouse-overs) and whether you click on particular links or open our emails.
• Geolocation data: information that permits us to determine your general location.
• Audio information: recordings of your voice when you call our customer service lines.
• Inferences: drawn from the above information.

Third Parties. Our Sites may contain links to third-party websites that are outside our control, and are not covered by this Privacy Policy. If you access these sites using the links provided, a different privacy policy may apply. We encourage you to read those privacy policies on the other websites you visit. We are not responsible for the content of those privacy policies, or of the data collection or use practices of any of those sites you visit outside of our Sites.

Do Not Track. Our Sites may, from time to time, collect information about your online activities, over time and across our Sites and other websites. When you use our Sites, third parties may also collect information about your online activities, over time and across different websites, online or cloud computing services, online applications, or mobile applications. Some browsers support a “Do Not Track” feature, which is intended to be a signal to websites that you do not wish to be tracked across different websites you visit. Our Sites do not currently change the way they operate based upon detection of a “Do Not Track” or similar signal.

HOW DO WE COLLECT YOUR INFORMATION?
We collect your information in three ways:

1. Directly from you when you do business or interact with us directly, including when you use our Sites, engage with our Services, or communicate with us in any manner, including information you provide:

• When you complete forms/documents (e.g., contracts).
• During face-to-face meetings.
• In email messages.
• During telephone calls.
• When you register or subscribe for accounts, electronic newsletters or other features of the Sites.
• When you make online purchases.
• When you enter any sweepstakes and/or contests.
• When you complete surveys.
• When you contribute to an open forum that we may have available through the Sites.
• When you submit a comment or question to us using a “contact us” or similar feature on the Sites.
• When you send us an e-mail, or in any other way submit information to us via the Sites.

2. Automatically when you access or use the Sites, or when you communicate with us, including but not limited to:

• Details of your visits to the Sites, including traffic data, location data, logs and other communication data.
• Information about your computer and mobile device, and internet connection, including your IP address, operating system, and browser type.
• Interactivity with an e-mail, including opening, navigating, and click-through information.

3. From third parties, including but not limited to:

• Data analytics providers for the purpose of receiving statistical data about your activity on our Sites.
• Social media networks for the purpose of collecting certain of your social media profile information and activity, including your screen names, profile picture, contact information, contact list, and the profile pictures of your contacts, through the social media platform. 
• Advertising partners for the purpose of tailoring our advertising and marketing to you.
• Non-affiliated third parties for the purpose of collecting your transactional histories with other third-party companies. 
• Public sources, including local, state, and federal government agencies and departments, to facilitate your use of the Sites.  
• From other people and third parties who may provide your information to us because you are their customer, director, officer, shareholder, friend, or family member.

HOW DO WE USE YOUR INFORMATION?
Depending on how your information is collected, we may use it for a variety of business and commercial purposes, including:

• Business transactions: To buy, sell or supply services and/or goods.
• Product and Service Delivery: To provide our products and services including responding to, and fulfilling your requests, inquiries and order; fulfilling, shipping and delivering your orders; and improving and personalizing our products and services.
• Business Operations: To operate our business including managing suppliers and customers; creating, maintaining, and renewing your accounts; billing, accounting, and managing our supply chain; developing relationships with suppliers, customers and business partners; ensuring debts are paid; improving our internal operations; detecting fraudulent or illegal activity; monitoring and analyzing trends, usage and activities in connection with the sale of our products and services; conduct other business analysis, such as analytics, projections, identifying areas for operational improvement; and for any other valid business purpose.
• Product Improvement, Development, and Research: To improve our products, develop new products or features, and conduct survey, feedback and research.
• Personalization: To understand you and your preferences to enhance your experience and enjoyment using our products and services and personalize your online experience and the advertisements you see when you use our services or other platforms.
• Customer Support: To provide customer support and respond to your questions, process exchanges, returns, deliveries, recalls, and warranties.
• Communications: To send you information and notices about upcoming events, promotions, your account such as updates, order confirmations, delivery and pick-up notices, security alerts, and support and administrative messages.
• Marketing: To conduct marketing and personalization and to communicate with you about our products and services (new and existing), offers, promotions, rewards, contests, upcoming events, and other information about our products and services and those of other selected companies: refer to the Your Choices section for details about changing your preferences for promotional communications).
• Advertising: To display advertising to you (refer to our Cookies Policy for information about personalized advertising and your advertising choices).
• Legal, Security, and Safety Reasons: To comply with our legal and regulatory obligations (as applicable, enforce our terms of use and business, protect our rights and the rights of our customers, communicate product recalls or safety notices, detect, investigate, or prevent fraud and other illegal activities, conduct auditing and monitoring of transactions and engagement, ensure our systems are secure; and address legal and regulatory compliance obligations, or verify your identity in connection with requests made under this Privacy Policy.
• Site improvement: To help us develop and improve the Sites, tailor the Sites to your interests, check our Sites are being used appropriately and to optimize their functionality, maintain our internal record keeping, update our operational and technical functionality, protect the security and integrity of Sites and our business including to protect our information assets and technology platforms from unauthorized access or usage and to monitor for malware and other security threats.
• Corporate Transactions: sharing data in connection with acquisitions and transfers of our business.

HOW DO WE SHARE YOUR INFORMATION?
Depending on how you interact with us, and our underlying business and commercial needs, we may share your information both internally within Silver Fern Farms and externally with third parties.

Internal Sharing: As a global organization, we may transfer your information throughout our worldwide organization. Specifically, we may exchange your information within Silver Fern Farms and amongst its group entities in the USA, New Zealand, and other global jurisdictions (a) for administrative purposes and so that we can have a complete overview of your contacts and contracts with the Silver Fern Farms; (b) to offer you a complete package of services and products; or (c) for other purposes.

External Sharing: As a general rule, we do not share your information with third parties outside of the Silver Fern Farms family, except in the following situations:

• Primary Membership Accountholder: Each membership account has a primary account holder, authorized to add and remove additional household members and make account management decisions. From time to time, we may disclose account members’ contact information and/or aggregated purchase information to the primary accountholder. If you designated an administrator to manage your account, we may share contact information for account members with that administrator. If your employer purchased your membership as an employee benefit, we may share your name, address, and membership level with your employer.
• Service Providers, Partners, and Consultants: From time to time, we may share your information with various service providers, partners, and consultants located in the USA and elsewhere to help us with our business activities. One example is the third-party party we use to provide our e-commerce solution, Shopify. To learn more about Shopify’s privacy practices, please visit https://www.shopify.com/legal/privacy. In addition to Shopify, we may also share your information with various service providers, partners, and consultants for the following purposes:
1. Allowing you to order products online and have them delivered;
2. Billing and processing payments and refunds;
3. Processing, fulfilling, shipping, and delivering your orders;
4. Providing customer service and to resolve customer complaints;
5. Identifying, investigating, and preventing fraudulent or otherwise unlawful transactions;
6. Communicating with you or providing recall or emergency notices;
7. Analyzing data or customers’ activity;
8. Designing and/or executing marketing campaigns, administering promotions, and/or providing advertising services; and
9. Investigating and resolution claims.
• Products and Services Offered by Other Businesses: From time to time, we may allow other businesses to make their products or services available to our customers, for example through joint promotions. If you choose to purchase products from these other businesses through our Sites, we may share your information with that business. The businesses that receive your information relating to these types of joint promotions or activities are responsible for compliance with applicable privacy laws, and you should confirm their privacy practices before you interact with their products.
• Corporate Events: From time to time, we may share your name with the delegates of any events we control by publishing it on the attendee list for the events where you have told us you plan to attend.
• Advertising: From time to time, we may share certain of your information (e.g., device identifier, type of device, IP address, and related information connected to your browser and Site usage) with other parties, including publishers, advertisers, and service providers that provide analytics. We may also allow certain third parties who advertise on our Sites to collect information from your browsers or devices via the use of cookies and related technologies. To learn more about our use of cookies and related technologies, see Silver Fern Farms Cookie Policy. To learn more about your choices as it relates to third-party advertising, including the use of cookies, see the Your Choices section.
• Corporate Transactions: From time to time, we may share your information as part of a corporate transaction, including but not limited to a merger, acquisition, joint venture, sale of company assets, reorganization, divestiture, bankruptcy, or similar type of business transaction.
• Legal Obligations and Other Disclosures: From time to time, we may share your information with government authorities and to other third parties where required to do so by government authorities, enforcement and regulatory bodies or agencies, or where otherwise required to do so by law. This may include cooperating with law enforcement inquiries and other third parties to enforce laws, intellectual property rights, and other rights of third parties (as well as your own). We may also share your information in the course of investigating whether someone is causing injury to or interference with our or another person or entity’s rights or property, or anyone else that could be harmed by such activities, or to respond to complaints or legal claims relating to the protection of the rights, property, or personal safety of Silver Fern Farm entities, shoppers, employees, or the public.
• Co-Sponsored Contests, Sweepstakes, and Offerings: From time to time, we may offer contests, sweepstakes, and other offerings on our Sites, which may be co-sponsored with another company. In those situations, we may share information we obtain from you in connection with the contest, sweepstake, or other offering with our co-sponsor, unless directed not to do so. In those situations, our co-sponsors may use your information for their own purposes, in accordance with their privacy policies. Silver Fern Farms is not responsible for how co-sponsors use your information. For more information about how you can controls this sharing, please visit the Your Choices section.

HOW DO WE SECURE YOUR INFORMATION?
We take the security of your information seriously, and will endeavor to take all commercially reasonable steps to keep your information secure, appropriate to the sensitivity of the information involved and in alignment with applicable law. Please note that the transmission of information via the internet is not completely secure. Although we will take commercially reasonable measures to protect your information, we cannot guarantee the security of your information transmitted. Any transmission is at your own risk due to the inherent nature of the internet as an open global communications vehicle. For more information about how we secure your information, and your obligations regarding security, please visit our Terms of Use.

WHERE WILL YOUR INFORMATION BE HELD?
Because we have global business operations and interests, we may transfer your information out of your local jurisdiction or region. For example, we may store your information in the US, New Zealand, or other cloud service providers in a separate country.

HOW LONG DO WE KEEP YOUR INFORMATION?
We keep your information for as long as is necessary to complete the purpose for which it was collected, and to comply with applicable law. When your information is no longer necessary, we will take commercially reasonable efforts to destroy, delete, or permanently de-identify the information.

YOUR CHOICES
Depending on where you live, you may have various choices about how we collect, use and share your information. Please note, the choices you make will not apply to your household or any affiliate members associated with your membership account. Each household or account member must exercise their own choices.

Please note, for some of the choices below we may need to verify your identity before we are able to respond to your request. This may include using commercially reasonable efforts to confirm your identity by including matching the information provided in your request with the information we have on file about you. Depending on the sensitivity of the information involved in the request, we may also utilize more stringent verification methods to protect against fraud and ensure your request is fulfilled in a transparent and secure manner. Verification requirements will be dealt with on a case-by-case basis.

• Right to Update, Review, Correct. Regardless of where you live, you have a right to correct or amend information we have about you. You can update, review or correct your account information by logging into “My Account” on our Sites.
• Right to Know / Shine the Light. If you are a California resident, you have a right to know what categories and specific pieces of personal information we have collected about you in the 12 months preceding the date of your request, including: (1) a description of the categories of sources from which we have collected that information; (2) the business or commercial purpose for collecting or sharing that information; and (3) the categories of third parties with whom we have shared that information. You also have a right to know what information we have shared about you with third parties for their direct marketing purposes in the past 12 months. You may designate an authorized agent to submit a request on your behalf by submitting proof of written authorization along with your request. For the purpose of this right, the phrase “personal information” is defined as any information that can identify, relate to, describe, be associated with, or be reasonably capable of being associated with a particular consumer or household. To exercise this right, please fill in the Privacy Data Request Form, or send an e-mail detailing your request, and providing the information you require for your request to service@silverfernfarms.co.nz.
• Right to Delete. If you are a California resident, you have a right to request that we delete your personal information (as that phrase is defined above in Right to Know / Shine the Light), subject to certain exceptions. You may also designate an authorized agent to submit a request on your behalf by submitting proof of written authorization along with your request. To exercise this right, please fill in the Privacy Data Request Form, or e-mail detailing your request to service@silverfernfarms.co.nz.
• Right to Opt-Out of the Sale or Sharing of Personal Information. Certain of our online tracking technologies may be considered a “sale” or “share” of your personal information to third parties under California law. Visitors to our websites may opt-out of being tracked by these technologies by (1) checking the opt-out box on your account opening application; (2) following the opt-out instructions on our renewal notices; (3) visiting Do Not Sell or Share My Personal Information; and/or (4) sending us an e-mail at service@silverfernfarms.co.nz. You may also opt-out by using an opt-out preference signal, such as the Global Privacy Control (GPC) on your browser. To download and use a browser supporting the GPC, you may click here. If you choose the GPC signal, you will need to turn it on for each supported browser or browser extension you use. You may also designate an authorized agent to submit a request on your behalf by submitting proof of written authorization along with your request. To learn more about cookies and related technologies, please visit Silver Fern Farms Cookie Policy.
• Right to Opt-Out of Our Communications and Marketing: Regardless of where you live, you have a right to opt-out of receiving direct marketing from us at any time by: (1) changing your marketing preferences on your online accounts settings page; (2) clicking on the "unsubscribe" link included at the end of any marketing email we send to you; or (3) by contacting our Privacy Officer at service@silverfernfarms.co.nz. Please understand that if you opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.
• Opt-Out Of Cookies And Related Technologies: Many web browsers are set to accept cookies by default. If you prefer, you can set your browser to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our website. See our Cookies Policy for more details.
• Device Location Information: If you use our mobile applications that collect your device’s precise location, you will be asked to consent to the collection of this information. You can stop the collection of precise location information by changing the preferences on your mobile device. If you do, our mobile apps or some features may not work properly.
• Mobile Push Notifications / Alerts: We may send push notifications or alerts to your mobile device. You can stop these notifications by changing the settings on your mobile device.
• SMS (Text) Messages: We may send you SMS (text) communications if you consent to receive them, as appropriate under applicable law, for example for order and delivery status. We may also send you SMS (text) messages in case of emergency, urgent product recalls and other limited (non-marketing) instances as permitted by law. You can reply “STOP” to any SMS (text) message to cancel at any time.
• Right of Non-Discrimination: We will not discriminate against you in any way if you exercise your rights under this section.

COOKIES
Our Sites may use cookies and related technologies. For more information about cookies and how we use them, please see Silver Fern Farms Cookie Policy.

CHILDREN AND PRIVACY
We treat the safety of children seriously when they use the Internet. Our Sites and applications are not intended for anyone under the age of 18. We will never knowingly request information from anyone under the age of 13 without prior verifiable parental consent when legally required. If we become aware that a customer is under the age of 13 and has registered without the legally required prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files. We also have no actual knowledge that we sell the personal information of minors under the age of 16.

CALIFORNIA RIGHTS
The following disclosures are made pursuant to the California Consumer Privacy Act, as amended by the California Privacy Rights Act and its implementing regulations (collectively, the “CCPA”).

Definitions

• Personal information. This is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you or your household.
• Sensitive personal information. This is information such as your social security number, driver’s license number, state identification card, passport number, account log-in and password, financial account and password, debit or credit card number and access code, precise geolocation information, race, ethnic origin, religious or philosophical beliefs, union membership, the content of your mail, email or texts other than those communications you have with us, genetic data, biometric information, health information, or information that concerns your sex life or sexual orientation.
• Sell, sale, or sold. This means the selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or other means, your personal information to a third party for money or other valuable consideration.
• Share, shared, or sharing. This means the sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or other means, your personal information to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration.

CCPA Rights
If you are a California resident, you have certain rights, including the Right to Know, Right to Correction, Right to Delete, Right to Opt-Out of the Sale or Sharing of Personal Information, and Right to Non-Discrimination. To learn more about these rights, see the Your Choices section.

CCPA Notice of Collection
If you are a California resident, and would like to know more about the categories of personal information we have collected about California residents in the prior 12 months, and the sources from which we have collected that information, see What Information Do We Collect? and How Do We Collect Your Information? To learn more about the business and commercial purposes for such collection, including the categories of third parties with whom we have shared that information, please see How Do We Use Your Information? and How Do We Share Your Information? Certain of this information, such as your payment information may be considered sensitive personal information.

CCPA Notice of Sale
As noted above in Your Choices, we may sell certain persistent online identifiers about you by making said information available to certain third-party tracking technologies. This information may include IP address, unique online identifiers, network and Site activity, and other related electronic information. For additional information about the categories of information we collect about California residents, how that information is used, and how that information is shared, see What Information Do We Collect?, How Do We Collect Your Information?, How Do We Use Your Information?, and How Do We Share Your Information?.

CCPA Notice of Disclosure
To learn more about the categories of personal information we may disclose about California residents, including over the past 12 months, and the categories of third parties with whom we may share that information, please see What Information Do We Collect?, How Do We Use Your Information? and How Do We Share Your Information?.

Notice of Use of Sensitive Personal Information
We do not use California resident sensitive personal information for any purpose other than is permissible under the CCPA. Specifically, we do not use sensitive personal information of California residents to derive characteristics about California residents.

Notice of Financial Incentive
Material Terms of Discount Program
From time to time, Silver Fern Farms may provide a variety of discounts in exchange for personal information. For example, Silver Fern Farms may offer a certain discount off your purchase in exchange for your email address and other identifying information. We use that information provided in exchange for the discount to provide marketing of Silver Fern Farms' services for ongoing purchases, and for other internal statistical purposes.

How The Financial Incentive Is Reasonably Related To The Personal Information Provided
Our discount program is based upon our reasonable but sole determination of the estimated value of the personal information of California residents provided, which takes into consideration, without limitation, estimates regarding the anticipated revenue generated from such information, the anticipated expenses which might be incurred in the collection, storage, and use of such information in the operation of our business, and other relevant factors related to the estimated value of such information to our business, as permitted under applicable law.

Opt-In
By providing your email address you opt-in to our financial incentive program. If you wish to opt-out of the incentive, do not submit the personal information or send an e-mail to service@silverfernfarms.co.nz

Right to Withdraw
If you wish to withdraw from the incentive program, you may submit such a request by sending an e-mail to service@silverfernfarms.co.nz before completing your order.

CHANGES TO OUR PRIVACY POLICY
We may change this Privacy Policy notice from time-to-time by publishing an updated version here. Please review this this policy periodically to stay informed about how we are protecting your data.

This Privacy Policy was last updated in June 2023.

CONTACT US
If you have any questions or complaint about how we use your personal data , please contact us by writing to our Privacy Officer, 283 Princes Street, Dunedin 9016, Dunedin, New Zealand, or by emailing: service@silverfernfarms.co.nz.