McCain Privacy Policy – Canada

© 2010 McCain Foods Limited. All rights reserved.

McCain Foods Limited (“McCain”, “we”, “us” or “our”) recognizes that our customers, community members, online visitors and other persons with whom we may interact (“you” or “your”) are concerned about their personal information. So we've developed a Privacy Policy (“Policy”) that outlines how we collect, use, disclose and protect your personal information. Personal information is information about an identifiable individual, as more particularly described under applicable privacy legislation. This Policy applies to our protection of personal information in Canada. This Policy does not apply to information about our employees or to information that is not personal information.

We may update the Policy from time to time, so please review it regularly. If we intend to use or disclose personal information for purposes materially different than those described in this Policy, we will make reasonable efforts to notify affected individuals, if necessary, including by revising this Policy. The provision of personal information and/or continued use of the McCain websites following the posting of changes to this Policy will mean you accept those changes. This Policy is effective as of January 25, 2010.


Information We Collect

McCain collects personal information from individuals where they provide it to us voluntarily and knowingly. We generally do not require individuals to provide any personal information in order to obtain access to any of our websites. However, in order to participate in some of the special programs that are offered on the McCain websites, such as contests, sweepstakes and other promotions, or to register as an E-VIP member, you will have to provide personal information. We may also collect personal information from you if you provide it to us in connection with a comment, request or inquiry. The personal information we collect includes: name, address, e-mail address, telephone number, and other contact information; password and user id for E-VIP membership; your comments, requests and other inquiries; and other information with your consent or as permitted or required by law.


What We Do With The Information We Collect

We generally use the personal information we collect from you for the following purposes:

(a) providing the products or services you request;
(b) administering contests, sweepstakes and other promotions, including contacting potential winners;
(c) to respond to a comment, request or inquiry you have sent to us;
(d) to manage, administer, collect or otherwise enforce accounts;
(e) unless you have asked us not to, to send you information and other materials relating to McCain and/or McCain’s affiliates’ products, services or promotions;
(f) maintaining business records for reasonable periods, and generally managing and administering our business;
(g) meeting legal, regulatory, insurance, security and processing requirements;
(h) for such other purposes to which you may consent from time to time; and
(i) for such other uses authorized or required by law.


Disclosure of your Personal Information

McCain may disclose personal information to our affiliates (including affiliates located outside of Canada) for internal audit, management, billing or administrative purposes) including defending and bringing legal actions. Unless you ask us not to, McCain may also disclose personal information to our affiliates so that they may provide you with information or offers relating to products or services that may be of interest to you.

Service Providers: McCain may transfer personal information to outside agents or service providers (including to our affiliates acting in this capacity) (“service providers”) that perform services on our behalf, for example mailing, call center, marketing, information technology and/or data hosting or processing services or similar services, or otherwise to collect, use, disclose, store or process personal information on our behalf for the purposes described in this Policy. Some of these service providers may be located outside of Canada, including in the United States, and your personal information may be collected, used, disclosed, stored and processed in the United States or elsewhere outside of Canada for the purposes described in this Policy. Reasonable contractual and other measures we may take to protect your personal information while processed or handled by these service providers are subject to legal requirements in Canada, the United States and other foreign countries applicable to these service providers, for example lawful requirements to disclose personal information to government authorities in those countries.

Business Transactions: Personal information may be used by McCain and disclosed to parties connected with the proposed or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of McCain or our business or assets, for the purposes of evaluating and/or performing the proposed transaction. These purposes may include, as examples:

Assignees or successors of McCain or our business or assets may use and disclose your personal information for similar purposes as those described in this Policy.

Legal, Regulatory, etc.: McCain may disclose your personal information as necessary to meet legal, regulatory, industry self-regulatory, insurance, audit, and security requirements, and as otherwise with your consent or as permitted or required by law (including as required by applicable Canadian and foreign laws applicable McCain or our agents and service providers, and including lawful requirements to disclose personal information to government authorities in those countries).


Your Consent

Consent to the collection, use and disclosure of personal information may be given in various ways. Consent can be express (for example, by checking a box on a registration form that describes the intended uses and disclosures of personal information) or implied (for example, when you provide your telephone number so that we may respond to your inquiry). You may provide your consent in some circumstances where notice has been provided to you about our intentions with respect to your personal information and you have not withdrawn your consent for an identified purpose, such as by using an “opt out” option provided, if any. Consent may be given by your authorized representative (such as a legal guardian or a person having a power of attorney). Generally, by providing us with personal information, we will assume that you consent to our collection, use and disclosure of such information for the purposes identified or described in this Policy, if applicable, or otherwise at the time of collection.

You may withdraw your consent to our collection, use and disclosure of personal information at any time, subject to contractual and legal restrictions and reasonable notice. Note that if you withdraw your consent to certain uses of your personal information, we may no longer be able to provide certain of our products or services to you.

McCain collects, uses and discloses your personal information with your consent, except as permitted or required by law. We may be required or permitted under statute or regulation to collect, use or disclose personal information without your consent, for example to comply with a court order, to comply with local or federal regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us.


Cookies

McCain may use "cookie" technology to obtain non-personal information from its online visitors. Cookies are information files that your web browser places on your computer when you visit a website. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. We do not extract personal information in this process nor do we provide this information to third parties. Cookies allow us to customize your user interface to speed up the navigation process and to make the site experience more efficient. If your browser is configured to reject cookies, you will not be able to use some of the features of the McCain websites.

We may use a temporary session cookie to enable you to use a shopping basket (where provided). These temporary cookies are deleted when you exit your browser. Another type of cookie can be stored on your computer by your browser. When you log in, this type of cookie tells us whether you've visited us before or are a new visitor. We use the cookie to help us identify site features, in which you have the greatest interest, so that we can provide more of what you may want.


Links

The McCain websites may contain links to the websites of third parties. While we try to only link to websites that share our high standards of decency, fairness and integrity, McCain has no control over and takes no responsibility for the content, policies or actions of linked websites. The use of linked websites is subject to the terms and conditions and privacy policies of such websites. Personal information practices on any linked websites are entirely separate from McCain and are not covered by this Policy. Other websites, which may contain material not suitable for children, may also link to the McCain websites without McCain’s knowledge or consent. McCain has no responsibility for the content, policies or actions of these websites.


Security

McCain takes reasonable steps to protect the personal information it collects against loss or theft, as well as unauthorized access, use, copying, modification or disclosure. Personal information is protected using physical, electronic or procedural security measures that are appropriate to the sensitivity of the information in our control. Our security measures are periodically reviewed. You should keep in mind, however, that no data transmission over the Internet is 100% secure and any information disclosed online can potentially be intercepted and used by parties other than the intended recipient.


Access to and Correction of Personal Information

McCain may establish and maintain a file of your personal information for the purposes described above, which will be accessible at If you wish to request access or correction of your personal information in our custody or control, you may write to

Attention: Consumer Affairs Representative
McCain Foods (Canada)
A Division of McCain Foods Limited
107 Main Street
Florenceville-Bristol, New Brunswick
E7L 1B2

Your right to access or correct your personal information is subject to applicable legal restrictions. We may take reasonable steps to verify your identity before granting access or making corrections. If you wish to make inquiries or complaints or have other concerns about our personal information practices, you may write to us as described above, send us an e-mail by clicking on the hyperlink "Contact Us" located on each page of the McCain websites or telephone us at 1-866-622-2461.