Privacy Policy

Frank Brunckhorst Co., LLC (Brunckhorst) has implemented this Privacy Policy governing the personally identifiable information (Personal Consumer Information) collected by this site. This Privacy Policy does not govern Personal Consumer Information collected from any other source or in any other manner.

Overview

This Privacy Policy is intended to provide you with information as to:

  1. the type of information that is collected, how it is used, with whom it is shared
  2. how we intend to protect the information; and
  3. how you can access, modify and/or delete such information.

California Privacy Rights

Under California law, California residents who have provided personal information to a company has the right to request a list of all third parties to whom that company has disclosed such information for direct marketing purposes along with a list of the categories of personal information that have been so disclosed only if the company has not adopted and disclosed a privacy policy that provides the ability to opt-out of such disclosures. Instead, California legal requirements are met if the company provides you with information on how to exercise your right to prevent disclosure of your personal information. Because the Brunckhorst policy as disclosed on this site provides California residents with an opportunity to opt-out of disclosures of your Personal Consumer Information to third parties for direct marketing purposes, Brunckhorst is not required to maintain or disclose such lists. If you are a California resident and would like information on how to exercise your rights concerning third party disclosures, you may contact us via postal mail at:

California Privacy Rights Information Frank Brunckhorst Co., LLC 1819 Main Street, Suite 800 Sarasota, Florida 34236 Attn: California Privacy Rights Administrator

Collection of Information

Information You Provide to Us: Brunckhorst collects information about you when you visit and/or purchase product from this website. Some of this information is automatically collected, and some is collected when you interact with the site. The type of information that is collected can include date and time of access of the site, the Internet protocol address of the computer that you are using, the domain and host from which you access the Internet, your browser software and your operating system, your name, address, e-mail address and certain financial information, such as your purchasing history. Of course, you may choose not to provide certain information to Brunckhorst, but if you do so, you may not be able to participate in certain Brunckhorst activities and transactions.

Use of “Cookies” and Other Technologies: Brunckhorst may use “cookies” and/or other technologies or files (collectively, “cookies”) to identify how its visitors make use of this site. This aggregate tracking information is used to help Brunckhorst improve and enhance the website experience for all of its visitors. If you would prefer not to have such cookies stored on your computer, you may modify your browser settings to reject most cookies, or manually remove cookies that have been placed on your computer. However, by so rejecting the cookies, you may be unable to fully access the offerings on this site.

Email Communication: When you communicate with Brunckhorst electronically, via email or otherwise, you consent to Brunckhorst’s use of the information you have provided, and you further consent to receive electronic communications from Brunckhorst. If you would prefer not to receive such communications, please email PrivacyCoordinator@boarshead.com and so advise.

Security of Information

Brunckhorst maintains commercially reasonable standards of confidentiality and security for this site and the Personal Consumer Information collected from this site. The Personal Consumer Information you provide is secured using industry standard e-commerce security technology. Brunckhorst also restricts its own employees access to Personal Consumer Information. However, it is possible that a third party may intercept or access communications, transmissions and/or Personal Consumer Information. You must also seek to protect against unauthorized access to any passwords and/or accounts that you use in connection with this website, and you should remember to log off of the website once you have completed your activities on the site or if you have decided to step away from your computer. In the event that Brunckhorst determines that there has been a security breach resulting in the unauthorized disclosure of Personal Consumer Information to a third party, Brunckhorst will notify consumers whose Personal Consumer Information has been so disclosed by posting such information on the site and, if email contact is possible, then will send an email advising of the status.

Use and Sharing of Information

The Personal Consumer Information collected by Brunckhorst may be used for any lawful purpose, including to communicate with you, respond to your requests, and analyze and improve Brunckhorst’s business and/or its service to you. Brunckhorst may sometimes use a third party, located either within or outside the United States, to provide certain services on its behalf, such as processing transactions, sending emails or performing statistical analyses of activity on this website. Brunckhorst may sometimes seek to share your Personal Consumer Information with a third party, and may also sometimes seek to share such Personal Consumer Information with companies that are affiliated with Brunckhorst, such as Boar’s Head Provisions Co., Inc. In the event that Brunckhorst provides certain of your Personal Consumer Information to any such entity, Brunckhorst will require that any such entity maintain the confidentiality of (and not further share) the Personal Consumer Information that Brunckhorst has provided to it. Brunckhorst will not provide Personal Consumer Information to third parties for such their direct marketing purposes without first providing you with an opportunity to opt-out of such disclosures.

In the event that Brunckhorst is involved in a merger, acquisition, liquidation or sale of any portion of its assets, Personal Consumer Information relating to visitors of this site that Brunckhorst has collected may be included in the assets that Brunckhorst transfers in connection with such transaction. If that occurs, Brunckhorst will post a notice to such effect on this website.

Brunckhorst may disclose your personal information if it has a reasonable good faith basis to believe that it is required to do so by law, compelled by court order or legal process, or is reasonably necessary and/or appropriate to:

  1. protect the rights, property and/or safety of Brunckhorst or any other person or entity; or
  2. prevent or take action concerning any alleged:
    1. illegal activity or
    2. breach of the Terms and Conditions or Privacy Policy of this website

You may update and/or correct the Personal Consumer Information collected on the site, or seek to have such information deleted from Brunckhorst’s records, by logging on to your Account at the site and following the instructions found therein.

Changes in Policy

From time to time, Brunckhorst’s Privacy Policy may change. Brunckhorst will post changes to the Privacy Policy at this site. Please review this Privacy Policy often so that you will remain abreast of Brunckhorst’s current policies, including its policies concerning the gathering and use of information that may be collected.

This Privacy Policy was last updated on April 27, 2009 and is effective immediately.

Contact Us

If you have any questions concerning this Privacy Policy other than with respect to California Privacy rights, please contact us at:

Frank Brunckhorst Co., LLC 1819 Main Street, Suite 800 Sarasota, Florida 34236 privacypolicy@boarshead.com Attn: K. Calvin

Governing Law

This Privacy Policy shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. Any dispute concerning this Privacy Policy or your use of this site shall be submitted to binding arbitration in New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other arbitration initiated pursuant hereto. If any portion of this Privacy Policy is deemed unenforceable, unlawful or void by a Court of competent jurisdiction, then that portion of the Privacy Policy will be deemed severable and will not affect the enforceability or validity of the remaining portions of this Privacy Policy.

Legal Information

Terms of Use For This Web Site

Your access and use of this web site (“Site”) is subject to the following terms and conditions (“Terms and Conditions”). If you do not agree to these Terms and Conditions, please do not use this Site. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates, and you must immediately destroy any downloaded or printed materials. Brunckhorst reserves the right to change these Terms and Conditions without notice. Your use of the Site is subject to the most current version of the Terms and Conditions posted on the Site at the time of such use.

Use of Site/Copyright Notice

Brunckhorst owns or licenses all materials on this Site (“Materials”). The Materials are copyrighted and/or trademarked, and any unauthorized use of the Materials may violate copyright, trademark, and other laws. You may view and download the Materials only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the Materials or on any copies of the Materials. You may not change the Materials in any way or reproduce, publicly display, distribute or otherwise use them for any public or commercial purpose. Any use of the Materials on any other web site or networked computer environment for any purpose is prohibited.

Use of Software

Any software that is available on this Site (“Software”) is the copyrighted work of Brunckhorst and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is prohibited, unless such reproduction or redistribution is permitted by license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software.

WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF A SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, BRUNCKHORST DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Site Disclaimer

IN NO EVENT SHALL BRUNCKHORST, ITS AFFILIATES, SUPPLIERS, AND/OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION OR ANY OTHER CAUSE OF ACTION WHATSOEVER, ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AVAILABLE ON THIS SITE.

Limitation of Liability

IN NO EVENT SHALL BRUNCKHORST, ITS AFFILIATES, OR ITS SUPPLIERS AND LICENSORS, BE LIABLE TO YOU FOR ANY SPECIAL PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT BRUNKHORST HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Trademarks

Brunckhorst logos and service marks (collectively the “Trademarks”) displayed on the Site, are trademarks of Frank Brunckhorst Co., LLC, in the U.S. and/or other countries. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Frank Brunckhorst Co., LLC, or such third party that may own other trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site is strictly prohibited. You are also advised that Frank Brunckhorst Co., LLC, will aggressively enforce its intellectual property rights to the fullest extent of the law.

Linked Sites

From time to time, the Brunckhorst website may contain links to other websites that are not controlled and/or maintained by Brunckhorst. Please be aware that these other websites may have different privacy policies which may subject you to different privacy practices. Please review the privacy policies of such other websites for information concerning what information is collected on such sites and how it is used.

™ and © 2009 Frank Brunckhorst Co. LLC. All rights reserved.