Privacy Policy
Last revised: February 2024
At Utz Quality Foods, LLC (“Utz”),your privacy is important to us. Our Privacy Policy describes the informationwe collect, how we collect information, and the reasons we collect information.This Privacy Policy also describes the choices you have regarding theinformation Utz collects, including how you can manage, update, or request todelete information.
Please take a moment to reviewthis Privacy Policy. You may scroll through this Privacy Policy or use theheadings below. It is important that you understand this Privacy Policy. Byusing our Platform, you are agreeing to the terms of this Privacy Policy. Ifyou have any questions or concerns about this Privacy Policy, you may ContactUs at any time.
CONTENTS
· Key Terms & Definitions and Our PrivacyPolicy
· Personal Information
· Children’s Privacy
· Data Security
· Supplemental Disclosures and Rights Based onState Law
· International Users
· Changes to our Privacy Policy
· Contact Us
· Glossary
1. Key Terms & Definitions and Our PrivacyPolicy
It is helpful to start byexplaining some of our key terms and definitions used in this Privacy Policy.
“Personal Information” or“Personal Data”: Informationidentifying, relating to, or about an identified or identifiable individual, asdescribed more fully in this Policy.
“Platform”: Our Websites and related functionality andonline services, as applicable.
“Privacy Policy” or “Policy”: This privacy policy.
“Products”: Any products available for purchase on orthrough our Platform or that we otherwise provide or sell to you.
“Services”: Any services provided through our Platform,which may be for purchase at a charge, or included at no charge as part of ourPlatform, or that we otherwise provide or sell to you.
“Website”: Our websites, including our flagship websitelocated at https://www.utzsnacks.com/,https://www.ontheborderchips.com,and https://www.zapps.com, as well asother Utz websites where this Privacy Policy is posted.
“Utz,” “we,” “us”: Utz Quality Foods, LLC and its manysubsidiary and related entities.
Please refer to our Glossary for additional explanations of terms andphrases used in this Policy.
When does our Privacy Policyapply?
This Privacy Policy describes thetypes of information we may collect from you when you visit or use our Platformor any components of our Platform and when we communicate with youelectronically, such as through our Platform, email, text message, and otherelectronic messages between Utz and you.
When does our Privacy Policynot apply?
This Privacy Policy does notapply to information (a) we collect from you through any in-person orface-to-face interactions we have with you or through an audio-only telephoneconversations; (b) by any other websites or platforms operated by us unless thewebsite or platform is listed above or links to this Privacy Policy; (c)collected by any third party website that we may provide a link to or that isaccessible from our Platform; or (d) covered in part or in whole by a separateprivacy policy provided by us (e.g., relating specifically to healthinformation, financial information, other special information, etc.).
Terms of Use.
This Privacy Policy isincorporated into and governed by our Terms of Use,which also apply when you use our Platform.
2. Personal Information
What is Personal Information?
Personal Information isinformation that you provide to us which personally identifies you, such asyour name, email address, or billing information, or other data that can bereasonably linked to such information by Utz, such as information we associatewith your Utz account.
What types of PersonalInformation do we collect?
We collect and use PersonalInformation in order to operate and provide our Platform to you, includingProducts and/or Services. You may provide Personal Information to us, and wemay collect Personal Information from you automatically as you use and navigatethrough our Platform.
How do we collect yourPersonal Information?
Information you provide tous. You may provide Personal Information to us through our Platform.For example, you may be able to register to use our Platform or create anaccount with us, which allows or requires you to provide certain information tous (e.g., contact information such as your name, email address, telephonenumber, etc.). You may also be able to purchase Products or Services or makepayments to us through our Platform. In these situations, we collect yourcredit card, debit card, or other payment card information or bank or otherfinancial account information. We use third-party payment processors to collectand process your payment information. You provide Personal Information andother information when you contact us through our Platform.
Information we collect asyou use our Platform. We collect Personal Information and informationabout the computers, devices, browsers, and your Internet activity as you useand interact with our Platform. The information we collect includes Unique Identifiers,browser type and settings, device type and settings, operating system, mobilenetwork information including carrier name and phone number, and applicationversion number. We also collect information about the interaction of your apps,browsers, and devices with our services, including IP address, device type,crash reports, system activity, wireless carrier name (when you use a wirelessor mobile device), and the date, time, and referrer URL of your request.
Online Activity. Wecollect information about your activity on our Platform, Internet, network, andother online activity information, such as browsing history, search history,and information regarding your interaction with our Platform and otherwebsites. We use various technologies to collect and store locationinformation, including cookies, pixels, or pixel tags, local storage, such asbrowser web storage or application data caches, databases, session replay, andserver logs.
Location. Wecollect information about your location when you use our Platform, which helpsus provide our Platform Services, features, and functionality. Your locationcan be determined with varying degrees of accuracy by:
· GPS
· IP address
· Sensor data from your device
· Information about things near your device, suchas Wi-Fi access points, cell towers, and Bluetooth-enabled devices
The types of location data wecollect depend in part on your device and account settings. For example, youcan turn your mobile device’s location on or off using the device’s settingsapp. You may also be able to turn on location history if you want to create aprivate map of where you go with your devices.
Third Party Sources. In some circumstances, Utz also collectsinformation about you from publicly accessible sources. We may collectinformation about you from trusted partners, such as marketing partners whoprovide us with information about our potential customers and security partnerswho provide us with information to protect against fraud and abuse of ourPlatform.
We partner with Microsoft Clarityand Microsoft Advertising to capture how you use and interact with our websitethrough behavioral metrics, heatmaps, and session replay to improve and marketour products/services. Website usage data is captured using first andthird-party cookies and other tracking technologies to determine the popularityof products/services and online activity. Additionally, we use this informationfor site optimization, fraud/security purposes, and advertising. For moreinformation about how Microsoft collects and uses your data, visit the MicrosoftPrivacy Statement.
Why and how do we use yourPersonal Information?
Provide our Platform and RelatedServices. We use your Personal Information to operate, maintain,supervise, administer, improve, and enhance our Platform and related Services,features, and functionality. We use your contact information to communicate andinteract with you, such as to send you emails and text messages about ourPlatform. We use the IP address assigned to your device to send you the datayou request to display on your device. We use unique identifiers stored incookies on your device to help us authenticate you as the person who shouldhave access to certain areas and features of our Platform. We also use yourinformation to ensure our Platform is working as intended, such as trackingoutages or troubleshooting issues that you report to us. We use yourinformation for research and development for our business and to makeimprovements to our Platform.
We use data collected from youand your devices for analytics and measurement to understand how our Platformis used. For example, we analyze data about your use of our Platform to accomplishtasks such as optimizing our Services and Product designs. We use a variety oftools to do this, such as Google Analytics and similar third-party online dataanalytics services.
When you purchase Products orServices from us, you may provide us with information such as your payment cardor bank account information, shipping address, or delivery instructions. We usethis information for things such as processing, fulfilling, and delivering yourorder and to provide support in connection with the Products or Services youpurchase.
Security and LegalPurposes. We use yourinformation to help improve the safety and reliability of our Platform. Thisincludes detecting, preventing, and responding to fraud, abuse, security risks,and technical issues that could harm Utz, our users, or the public. Informationmay also be used in connection for legal reasons and purposes, such as tocomply with applicable law, regulation, legal process, or enforceablegovernmental request; to enforce our Terms of Use, including investigation ofpotential violations; and to detect, prevent, or otherwise address fraud,security, or technical issues; and to protect against harm to the rights,property or safety of Utz, our users, or the public as required or permitted bylaw.
We may also use PersonalInformation to:
· Carry out our legal and contractual obligationsand enforce our rights arising from any contracts entered into between you andus, including for billing and collection.
· To respond to law enforcement requests, courtorders, and subpoenas and to carry out our legal and contractual obligations.
· Authenticate use, detect fraudulent use, andotherwise maintain the security of our Platform and the safety of others.
· To administer surveys and questionnaires.
· To provide you with information about productsand services that may be of interest to you, including through newsletters.
· Any other purpose with your consent.
Personalized and interest-basedadvertising. We partner withthird party advertising networks that collect IP addresses, unique deviceidentifiers, browser type, operating system, time zone, country, referringpages, and other information through the use of cookies, pixel tags, and serverlogs on our Platform. They use this information to provide you withinterest-based advertisements that are customized to your particularpreferences, including for companies that are not affiliated with us. You maysee these interest-based advertisements on our Platform, as well as on third-partywebsites and apps, and across different devices you use. We may use thisprocess to help us manage and improve the effectiveness of our marketingefforts. It also allows us to display ads to our users about Utz after theyleave our Platform and to track users after they see or click on anadvertisement, keep track of users who access our Platform or advertisementsfrom different devices, and better provide advertisements to our targetaudiences. The data collected through these tracking technologies is also savedand processed by our advertising and marketing service provider partners.
Why and how do we share yourPersonal Information?
We share Personal Informationwith third parties under certain circumstances and for certain purposesdescribed throughout this Policy, including:
· Service providers and other to operate ourPlatform and Services. We may share your Personal Information with ouraffiliates, vendors, service providers, and business partners, includingproviders and vendors we use for operating and maintaining our Platform, andits features, functionality, and Services. These third parties include data hosting and data storage partners,analytics, ad networks, advertising (including interest-based advertising),technology services and support, and data security.
· Our business purposes. We may share yourPersonal Information with our affiliates, vendors, service providers, andbusiness partners, including providers and vendors we use for our businessactivities and operations generally, such as data hosting and data storagepartners, analytics, ad networks, advertising, technology services and support,and data security. We may also share your Personal Information withprofessional advisors, such as auditors, law firms, and accounting firms.
· With your consent. We may share yourPersonal Information if you request or direct us to do so.
· Compliance with law. We may share yourPersonal Information to comply with applicable law or any obligationsthereunder, including cooperation with law enforcement, judicial orders, andregulatory inquiries.
· Business transfers. We may share yourPersonal Information with a buyer or other successor in the event of a merger,divestiture, restructuring, reorganization, dissolution, or other sale ortransfer of some or all of our assets, whether as a going concern or as part ofa bankruptcy, liquidation, or similar proceeding, in which Personal Informationheld by us about our users are among the assets transferred.
· To enforce our rights. We may share yourPersonal Information to enforce our Terms of Use and any other agreement, terms,and conditions relating to your use of the Platform. We also may shareinformation as needed to ensure the safety and security of our Platform and ourusers and to detect, prevent, or otherwise address fraud, security, ortechnical issues
· De-identified information. We may also de-identifyinformation so that it cannot be reasonably used to identify any individualwith third parties for marketing, advertising, research, or similar purposes.
Your choices for how wecollect, use, and share your Personal Information.
We offer you choices on how youcan opt out of our certain uses and sharing of your Personal Information. As ageneral rule, you cannot opt out of our collection, use, and sharing ofPersonal Information to the extent it is necessary to provide the Platform orrelated Services, features, and functionality to you.
You can change the cookiesettings that will be placed when you use our Platform by changing the settingson your Internet browser. You can also block cookies by activating the settingon your browser that allows you to refuse the setting of all or some cookies.Please note that internet browsers allow you to change your cookie settings.These settings are usually found in the 'options' or 'preferences' menu of yourinternet browser. However, if you use your browser settings to block allcookies (including strictly necessary cookies), you may not be able to accessor use all or areas and aspects of our Platform.
You can generally opt out ofreceiving interest-based advertisements from third-party advertisers and adnetworks who are members of the Network Advertising Initiative (NAI) or whofollow the Digital Advertising Alliance’s Self-Regulatory Principles for OnlineBehavioral Advertising by visiting the opt-out pages on the NAI website and DAAwebsite. We do not control third parties’ collection or use of your informationto serve interest-based advertising. However, these third parties may provide you with ways to choose not tohave your information collected or used in this way. You can also opt out ofreceiving targeted ads from members of the NAI on its website. You can learnmore about interest-based advertisements and your opt-out rights and options onthe NAI website and DAA website.
If you do not wish to have youremail address used by Utz to send you advertising messages and content, you canopt-out at any time by clicking the unsubscribe link at the bottom of anymarketing emails you receive from us. You may have other options with respectto marketing and communication preferences through our Platform.
How do I access and correct myPersonal Information?
Access, Corrections, andDeletion. In addition to anydata access capabilities available through the Platform, please Contact Us ifyou have any questions about your Personal Information. Please inform us of anychanges or errors in any Personal Information we have about you to ensure thatit is complete, accurate, and as current as possible. You may also have certaindeletion rights in accordance with applicable law. We may not be able toaccommodate your request if we believe it would violate any law or legalrequirement or cause the information to be incorrect.
Copies and Retention ofData. In addition to anycapabilities available through the Platform, if you need to export or a copy ofyour data, please let us know, and we will assist you with your request. Weretain the data we collect for different periods of time depending on what itis, how we use it, and applicable legal requirements. We may retain some datafor longer periods of time than other data when necessary for legitimatebusiness or legal purposes, such as security, fraud and abuse prevention, orfinancial record-keeping.
3. Children’s Privacy
Our Platform is not intended forchildren under 13 years of age. We do not knowingly collect or sell PersonalInformation from children under the age of 13. If you are under the age of 13,do not use or provide any information on or to the Platform or through any ofits features. If we learn we have collected or received Personal Informationfrom a child under the age of 13 without verification of parental consent, wewill delete it. If you are the parent or guardian of a child under 13 years ofage whom you believe might have provided us with their Personal Information,you may Contact Us to request the Personal Information be deleted.
Data Security
We have taken steps andimplemented administrative, technical, and physical safeguards designed toprotect against the risk of accidental, intentional, unlawful, or unauthorizedaccess, alteration, destruction, disclosure, or use. The Internet is not 100%secure, and we cannot guarantee the security of information transmitted throughthe Internet. Where you have been given, or you have chosen a password, it isyour responsibility to keep this password confidential.
The sharing and disclosing ofinformation via the Internet are not completely secure. We strive to use bestpractices and industry-standard security measures and tools to protect yourdata. However, we cannot guarantee the security of Personal Informationtransmitted to, on, or through our Services. Any transmission of PersonalInformation is at your own risk. We are not responsible for the circumventionof any privacy settings or security measures contained on our Platform, in youroperating system, or mobile device.
4. Supplemental Disclosures and Rights Based onState Law
In addition to the disclosuresand rights set forth elsewhere in this Policy, you and other users may havecertain rights based on applicable state law (e.g., California’s ConsumerPrivacy Act (CCPA), as amended by the California Privacy Rights Act). Otherstates have passed consumer privacy laws that may be applicable to Utz and youruse of this Site. These supplemental disclosures and rights apply to you andyour use of our Platform to the extent applicable state law applies to Utz andyour use of our Platform. Please contact us if you have any questions regardingyour rights under applicable state law.
Categories of PersonalInformation Collected
As described in more detail inother areas of our Privacy Policy, we collect and/or disclose PersonalInformation about you when you visit or use our Digital Services, includinginformation about you that you provide to us and information that weautomatically collect from you or your computer or device as you use ourDigital Services.
Personal information does notinclude information that is: (a) publicly available information from governmentrecords; (b) de-identified or aggregated consumer information; or (c) certaininformation excluded from the scope of applicable state law (e.g., PHI coveredunder HIPAA and medical information may be covered under HIPAA and other statelaws).
Categories of Sources FromWhich We Have Collected Personal Information
We collect Personal Informationdirectly from you, for example, when you provide it to us, when you contact usthrough our Digital Services, when you create a Utz account, and indirectlyfrom you automatically through your computer or device as you use our DigitalServices. We may also collect Personal Information about you from ouradvertising partners and service providers.
Use of Personal Information
We do not sell your PersonalInformation and have not done so in the prior 12 months from the effective dateof this Policy. We may use or disclose the personal information we collect forour business purposes described elsewhere in this Privacy Policy.
Sharing Personal Information
Utz may disclose your PersonalInformation to a third party for one or more business purposes. When wedisclose Personal Information for a business purpose, such as to serviceproviders, we enter a contract that describes the purpose and requires therecipient to both keep that Personal Information confidential and not use itfor any purpose except performing the contract.
Disclosures of PersonalInformation for Business Purposes
We may disclose your PersonalInformation for our business purposes, such as your contact information, otherinformation you have provided to us, and unique identifiers that identify youto us or to our service providers, such as companies that assist us withmarketing and advertising. We may discloseyour Personal Information to certain third parties, such as our vendors,business partners, service providers, including companies that assist us withmarketing and advertising.
Access Request Rights
You may have the right to requestthat Utz disclose certain information to you about our collection and use ofyour Personal Information over the past 12 months for the above business andcommercial purposes. To submit an access request, see Exercising Access andDeletion Rights below. Once we receive and confirm your verifiable consumerrequest, we will disclose to you:
· The categories of Personal Information wecollected about you.
· The categories of sources for the PersonalInformation we collected about you.
· Our business or commercial purpose forcollecting that Personal Information.
· The categories of third parties with whom weshare that Personal Information.
· The specific pieces of Personal Information wecollected about you.
· If we sold or disclosed your PersonalInformation for a business purpose, two separate lists disclosing:
o Sales, identifying the Personal Informationcategories that each category of recipient purchased; and
o Disclosures for a business purpose, identifyingthe Personal Information categories that each category of recipient obtained.
Deletion Request Rights
You may have the right to requestthat Utz delete your Personal Information that we collected from you andretained, subject to certain exceptions. Once we receive and confirm yourverifiable consumer request, we will delete (and direct our service providersto delete) your Personal Information from our records unless certain exceptionsapply.
Exercising Access and DeletionRights
To exercise the access anddeletion rights described above, please submit a verifiable consumer request tous by either:
· Emailing us at customerservice@utzsnacks.com
· Submitting an online form https://utzcustomercare.zendesk.com/hc/en-us/requests/new
· Chat: Look for theChat symbol located at the bottom right-hand corner of our website, www.utzsnacks.com.
· Calling us at: (800) 367 - 7629
· Mailing us at:
Utz Quality Foods, LLC
c/o Customer Care
900 High Street
Hanover,PA 17331
Only you or your authorized legalrepresentative authorized to act on your behalf may make a verifiable consumerrequest related to your Personal Information. You may also make a verifiableconsumer request on behalf of your minor child. You may only make a verifiableconsumer request for access twice within a 12-month period. The verifiableconsumer request must:
· Provide sufficient information that allows us toreasonably verify you are the person about whom we collected PersonalInformation or an authorized representative.
· Describe your request with sufficient detailthat allows us to properly understand, evaluate, and respond to it.
Non-Discrimination
We will not discriminate againstyou for exercising any of your rights under applicable state law. Unlesspermitted by applicable law, we will not:
· Deny you goods or services.
· Charge you different prices or rates for goodsor services, including through granting discounts or other benefits, orimposing penalties.
· Provide you a different level or quality ofgoods or services.
· Suggest that you may receive a different priceor rate for goods or services or a different level or quality of goods orservices.
5. International Users
Our Platform is not intended foruse by and is not directed to residents of the European Union. All data isstored and processed in the United States. By using and accessing our site,users who reside or are located in countries outside of the United States agreeand consent to the transfer to and processing of personal information onservers located outside of the country where they reside, and that theprotection of such information may be different than required under the laws oftheir residence or location.
6. Changes to our Privacy Policy
We may update our Privacy Policyperiodically to reflect changes in our privacy practices, laws, and bestpractices. We will post any changes we make to our Privacy Policy on this pagewith a notice that the Privacy Policy has been updated on our Platform. If wemake material changes to our practices with regard to the Personal Informationwe collect from you, we will notify you by email to the email address specifiedin your account and/or through a notice on the Platform. The date this PrivacyPolicy was last revised is identified at the top of the page. You areresponsible for ensuring we have an up-to-date active, and deliverable emailaddress for you, and for periodically accessing our Platform and reviewing thisPrivacy Policy to check for any changes.
7. Contact Us
If you have any questions,concerns, complaints or suggestions regarding our Privacy Policy or otherwiseneed to contact us, you may contact us at the contact information below:
· Emailing us at customerservice@utzsnacks.com
· Submitting an online form https://utzcustomercare.zendesk.com/hc/en-us/requests/new
· Chat: Look for theChat symbol located at the bottom right-hand corner of our website,www.utzsnacks.com.
· Calling us at (800) 367 - 7629
· Mailing us at:
Utz Quality Foods, LLC
c/o Customer Care
900 High Street
Hanover, PA 17331
8. Glossary
Browser Web Storageenables websites to store data in a browser on a device. When used in"local storage" mode, it enables data to be stored across sessions.This makes data retrievable even after a browser has been closed and reopened.One technology that facilitates web storage is HTML 5.
A Cookie is a small filecontaining a string of characters that is sent to your computer when you visita website. When you visit the site again, the cookie allows that site torecognize your browser. Cookies may store user preferences and otherinformation. You can configure your browser to refuse all cookies or toindicate when a cookie is being sent. However, some website features orservices may not function properly without cookies.
A Pixel or Pixel Tag is atype of technology placed on a website or within the body of an email for thepurpose of tracking certain activity, such as views of a website or when anemail is opened. Pixel tags are often used in combination with cookies.
An Application Data Cacheis a data repository on a device. It can, for example, enable a web applicationto run without an internet connection and improve the performance of theapplication by enabling faster loading of content.
Interest-based Advertisingis sometimes referred to as personalized or targeted ads. Interest-based adsare used to display features, products, and services that might be of interestto the user.
To serveinterest-based ads, we may use information such as your interactions with ourPlatform, Services, and related content. We do not use information which on itsown identifies you, such as name or e-mail address, to serve interest-basedads. As is common in the advertisingindustry, we use cookies, pixels, and other technologies which enable us tounderstand the effectiveness of the interest-based ads we show you by measuringwhat ads are clicked or viewed and to provide you with more useful and relevantads. For example, if we know what ads are shown to your browser, we can becareful not to show the same ads repeatedly. We work with third parties, suchas advertisers, publishers, social media networks, search engines, ad-servingcompanies, and advertising companies working on their behalf, to improve therelevance of ads we serve.
Advertisers andother third parties may assume or infer that users who interact with or clickon an interest-based ad or content are part of the group that the ad or contentis directed towards (for example, users in a particular geographical area orusers who purchased or browsed for classical music). Third-party advertisers oradvertising companies working on their behalf sometimes use cookies in theprocess of delivering content, including ads, directly to your browser ordevice, and they may automatically receive an IP address when this happens.They may also use cookies to measure the effectiveness of their ads, show youmore relevant advertising content, and perform services on behalf of Utz.
Server Logs. Like mostwebsites, our servers automatically record the page requests made when youvisit our sites. These “server logs” typically include your web request,Internet Protocol address, browser type, browser language, the date and time ofyour request, and one or more cookies that may uniquely identify your browser.
Session Replay providesthe ability to replay a visitor's journey on a website or within a mobileapplication or web application. Replay can include the user's view (browser orscreen output), user input (keyboard and mouse inputs), and logs of networkevents or console logs. Session replay is used to help improve customer experience,analyze usability, and help identify obstacles in conversion processes onwebsites. It can also be used to study a website's usability, customerbehavior, interests, and the handling of customer service questions as thecustomer journey, with all interactions, can be replayed. It can also be usedto analyze fraudulent behavior on websites.
A Unique Identifier is astring of letters, numbers, and characters that can be used to uniquelyidentify a computer, device, personal device, browser, or app.
Differentidentifiers vary in how permanent they are, whether they can be reset by users,and how they can be accessed. Unique Identifiers can be used for variouspurposes, including security and fraud detection, syncing data from yourdevice(s) to our Platform, remembering your preferences, and providingpersonalized advertising. You can configure your browser to refuse all cookiesor to indicate when a cookie is being sent. See your browser documentation foradditional information.
On otherplatforms besides browsers (e.g., personal devices), Unique Identifiers areused to recognize a specific device or app on that device. For example, aUnique Identifier can be used to provide relevant advertising on mobile devicesand can be managed in your device’s settings. Unique identifiers may also beincorporated into a device by its manufacturer (sometimes called a universallyunique ID or UUID), such as the IMEI number of a mobile phone. For example, adevice’s unique identifier can be used to customize our Platform and Servicesto your device or analyze device issues related to our Platform and Services.