Gardenburger’s Online Privacy Policy

Gardenburger Company (“Gardenburger”) cares about personal privacy and recognizes its obligation to its customers, community and online visitors to adhere to the highest standards of decency, fairness, and integrity in all its operations. As in our other business operations, Gardenburger approaches our communications on the Internet with respect for, and commitment to, individual privacy rights, and concern and respect for the different sensibilities of our child consumers. We support active self-regulation of this online environment to ensure that responsible marketers can maintain the right to use all communication media to interact with its consumers. This privacy policy discloses how Gardenburger, its affiliates and agents (agents are defined as contractors, and other organizations acting on behalf of, and with authorization by, Gardenburger Company) collect, protect, use and share information gathered about you on our website. We hope that this disclosure will help increase your confidence in our sites and enhance your experience on the Internet. In reviewing this policy, please remember that this site and the servers that make this site available are located in the U.S. By using this site you agree to the transfer, collection, processing and use of data by this site in the U.S.

We provide a variety of content at our site. We may offer games, product information, recipes, entertainment, advertising, surveys, promotions, sweepstakes and contests, as well as information about our company and special services for our registered shareholders. Our company information includes information on job openings and requirements as well as opportunities to apply for jobs online. We hope you enjoy our site and the various features and opportunities we offer.

PARENTS: We are especially mindful of the need for children under 13 who may visit this site to consult with their parents before furnishing personal information or ordering anything online, and have adopted special procedures to safeguard children’s privacy online. We've developed our privacy practices from guidelines established by the Children's Advertising Review Unit (“CARU”) and in compliance with the requirements established by the Children’s Online Privacy Protection Act ("COPPA"). We also recommend that you monitor your children’s online activities and learn about and use software or other tools that can help you assure that your children enjoy the Internet in a manner that reflects your own preferences.

This site’s content and features may be updated, revised, modified and supplemented. Gardenburger reserves the right to change the information, features, products, policies, promotions, disclosures and disclaimers at any time without notice. Changes to this Online Privacy Policy will be posted on our site so please check our Policy periodically for changes. At the end of this Policy we indicate the date of an update to the Policy. Your continued use of the Gardenburger site following the posting of changes to this Online Privacy Policy signifies your acceptance of these changes. Unless there is a material change in our data collection, use or disclosure practices, in which case we will obtain a new consent, any consent, including a parent or guardian’s consent on behalf of a child under 13, provided to Gardenburger will apply to the revised Online Privacy Policy and any new or modified features

FREQUENTLY ASKED QUESTIONS

Q1: What types of information does Gardenburger collect and how does the site collect it?

Q2: How does Gardenburger use the personally identifiable information that has been collected?

Q3: Does Gardenburger share the personally identifiable information that has been collected?

Q4: Does Gardenburger collect information from Children under 13?

Q5: Does Gardenburger use “cookies” or other tools?

Q6: What type of security does Gardenburger provide?

Q7: Does Gardenburger provide links to other sites?

Q8: How can I review the information Gardenburger has stored about me or my child and how can I change or update this information?

Q1: What types of information does Gardenburger collect and how does the site collect it?

We collect certain information automatically, like IP addresses, browser types, referring websites, and access times, when consumers visit our site. This “web log” information is not personally identifiable, but provides important information on the number of visitors, and what areas or features they like best. Our visitors can review our site and participate in many features without disclosing any personally identifiable information.

Gardenburger collects personally identifiable information including, but not limited to, name, home address, email address, and telephone number, from our visitors on a voluntary basis. We do not require this information for customers to access any of our sites. However, to participate in some of the programs or features we offer, customers may have to provide personally identifiable information. We request only the personally identifiable information we feel we need to offer the service or feature or to fulfill requests. For example, we need your name and e-mail address to add you to an e-mail update list.

We may require a home address and telephone number to enter you in a contest or sweepstakes so that we can send prize notifications and prizes. To sign up registered shareholders to receive proxy and other information online, we ask for a social security or tax identification number and other information to verify your identity. We may request feedback from our visitors in the form of surveys, questionnaires or our feedback forms on their preferences and reaction to our products, including demographic information, like age, gender and interests, to help us better serve you. We ask for credit card information where we offer online shopping opportunities.

We may sometimes offer programs with other sponsors where personally identifiable information is shared with both Gardenburger and a business partner. In those instances, we will provide you with notice at the time of any registration about the program and will offer you a choice about sharing the information. If you choose to NOT have your information shared, your information will not be shared and you will not be able to participate in or receive the benefits or services provided by our business partners.

We use Manticore Technology hosted software to provide us with data collection and reporting information regarding our customers' activities on our websites. When you visit our websites, Manticore may set cookies (i.e., small data files that a site sends to your computer to make your access easier and/or faster) on our behalf and may receive information about your browsing activity (e.g., pages viewed, etc). For more information about Manticore Technology software, consumer privacy, and how to opt-out of tracking, please visit http://www.ManticoreTechnology.com/ConsumerPrivacy.asp. (Note: Should you choose to opt-out; you will need to do this on each specific computer used to access a Gardenburger website to ensure that the Manticore Technology cookie is effectively removed.) For more information on cookies, please see Q5 below.

Q2: How does Gardenburger use the personally identifiable information that has been collected?

Except as explained below, personally identifiable information shared with Gardenburger will only be used to fulfill your requests, to improve our site and our products, to provide customized features and offerings, and for other internal marketing purposes, and will not be sold or provided to third parties. If you decide to provide personally identifiable information in order to participate in a special area of our site, such as registering for e-mail updates or for a special program or contest, we will use the information you provide for that purpose. We may also ask if you would like to receive information about other products available from members of our family of companies. Only those visitors that ask to receive this information will receive it. We also offer visitors an opt-out option in each of our promotional emails that allows you, at any time, to cease receiving such information.

Anonymous, aggregate data about site usage and other features may be shared with third parties. Gardenburger reserves the right to use or disclose any information as needed to satisfy any law, regulation or legal request, to conduct investigations of consumer complaints or possible breaches of law, to protect our site, our property, or the safety or rights of any visitor or third party, to fulfill your requests, to cooperate in a legal investigation, or in connection with the sale of our business or one of our brands without notice or consent. For our practices regarding children under the age of thirteen, please see Q4 below.

Q3: Does Gardenburger share the personally identifiable information that it collects?

On sites owned exclusively by Gardenburger, personally identifiable information received from any visitor will only be used for the purpose for which it was provided or for internal marketing purposes and will not be sold or provided to third parties, except for our technical and fulfillment agents who help us make the site available and provide the services and products on our site. Those firms have agreed to adhere to our Privacy Policy and practices.

In some circumstances, we may partner with another company to provide certain content, programs or features. Examples include certain promotions, loyalty programs, sweepstakes or contests. In those situations, when you provide personally identifiable information about you or your child, it may be sent directly to Gardenburger and to our partner company, or we may share the information with our partner company. In these circumstances, we will always let you know whether, in addition to Gardenburger, another company is collecting information or if we need to share your personally identifiable information with a partner company to provide the program, service or feature. We (and our partner company) will also provide a link to the respective online privacy policies so that you can make an informed decision about whether to share your (or your child’s) information. Although we only partner with companies who agree to adopt privacy policies that are consistent with our own values and policy, and are in compliance with COPPA, we are not responsible for the policies or offerings of any third party, and urge you to review their policies and terms and conditions as they may vary.

Q4: Does Gardenburger collect information from children under 13?

In communicating with children online, Gardenburger is especially mindful of the need to protect the personal privacy of children under the age of thirteen. Gardenburger does not condition a child’s participation in an activity on disclosing more information than is reasonably necessary in order to participate. We include several notices on the Gardenburger website requiring children under age 13 to get permission from their parent or legal guardian before providing any personally identifiable information. We may collect a child’s first name and email address without a parent’s consent, but only to respond to a one time question or request, and we promptly delete this information after we respond. Where a child under 13 signs up for a newsletter or other activity requiring multiple online contacts, we may ask the child for a parent or legal guardian’s email address so we can notify them and get their permission or give them the opportunity to opt out.

If we need more than this limited information, we require verifiable consent from a parent or legal guardian first via a method that meets COPPA guidelines. We may then collect additional personally identifiable information from a child such as a last name, home address, and telephone number. This information helps us to personalize special offers, sweepstakes, contests, and games, and to offer other activities we think will be of interest to our consumers under the age of thirteen.

If the registration is for a program sponsored by both Gardenburger and a partner company, we will let you know at the time of registration. We will not share information about your child with a partner company without your consent. Our partner company may ask you to provide additional information, such as registration or subscriber information related to their site. In some instances, the personally identifiable information you provide for you and your child must be shared with our partner company to fulfill requests. Gardenburger may also offer an opt-in feature when a parent or guardian registers their child for such a program that allows the parent and/or child to receive e-mails from Gardenburger or one of our partner companies. You will always have a choice about how your child’s personally identifiable information is used. For information on changing or deleting your personally identifiable information, please see Q8 below.

A number of tools exist to help parents manage their children’s online experience, including hardware and software programs that provide filtering options. You can download special software or purchase specific hardware that will limit surfing the sites you deem appropriate for your home. Many of these services are free; others require some form of payment.

Q5: Does Gardenburger use “cookies” or other tools?

Yes, Gardenburger uses “Session Cookies,” small data files that a site sends to your computer. Our cookies allow our site to remember important information that will make your use of the site more enjoyable, efficient and useful; they do not contain personally identifiable information. We use cookies and IP addresses to obtain non-personal information from online visitors and also to provide registered users with a customized, personalized, online experience. They can, for example, help to give you faster access to pages you have already visited, allow you to personalize your pages, and help you to participate in some activities or events on the site. We also use cookies to determine how many people visit our site, and which features are most useful and popular and which may need improvement. We may also use session cookies to age-screen visitors for COPPA compliance purposes. We may also use another technology, called clear GIFs or web beacons, to provide us with other important anonymous information, such as when an email has been opened.

If you don’t want cookies, you can turn off all cookies or have your computer notify you when cookies are being sent by following the instructions for your particular web browser, such as Netscape, Safari, Firefox or Internet Explorer.

Q6: What type of security does Gardenburger provide?

Gardenburger uses its best efforts to make sure all information received from our online visitors is secure from unauthorized access and use. All personally identifiable information from our customers is protected by our security measures, which are periodically reviewed. Gardenburger also requires agents used by Gardenburger for fulfillment and technical services to sign confidentiality agreements protecting your information.

Gardenburger cares about the safety and security of your credit card transactions or shareholder information and uses 124-bit SSL (“Secure Sockets Layer”) when you provide your credit card or other similar sensitive personal information to us online. SSL is the industry standard security protocol which makes it difficult for others to intercept your information online. You should keep in mind, however, that no data transmission over the Internet is 100% secure and any information disclosed online can potentially be collected and used by parties other than the intended recipient.

Q7: Does Gardenburger provide links to other sites?

The Gardenburger site may contain links to other sites. We make every effort only to link to websites that share our high standards of decency, fairness, and integrity. We try our best to ensure that these links are safe for children, but the privacy and data collection practices on any linked websites are entirely separate from Gardenburger and are not covered by this Online Privacy Policy. Gardenburger shall not be responsible for any failure on the part of any linked websites to comply with any privacy policy posted on the website, or any contractual or other legal obligations to which the operators of such website may be subject. In addition, other websites, which may contain material not suitable for children, may also link to the Gardenburger websites without Gardenburger’s knowledge or consent. Gardenburger has no responsibility for the content, policies or actions of these websites. Children should always check with a parent, guardian or other adult before linking to any new sites.

Q8: How can I review the information you have stored about me or my child and how can I change or update this information?

Customers who provide personally identifiable information through our websites can review this information in the Customer Center found under the “My Account” hyperlink on our websites. You can review, update, change or delete any or all of your personal information. If you have any concerns about this information or need assistance, you can contact our Consumer Affairs Department by 1) using the “contact us” form on the website, 2) calling 800-962-1413 Monday through Friday 8am - 7pm ET, or 3) writing to Gardenburger Consumer Affairs, PO BOX CAMB, Battle Creek, MI 49016.

Updated March 1, 2006