Last revised:   June 17, 2010

MCCAIN FOODS LIMITED

PRIVACY STATEMENT

The purpose of this Privacy Statement is to inform you about the types of Personal Information McCain Foods Limited (as follows, “McCain” “we” or “us”) collects, uses and discloses.  It explains how we use and disclose that information, the choices you have regarding such use and disclosure, and how you may correct that information.

We are proud to demonstrate our commitment to your privacy, by complying with the laws and regulations under applicable privacy laws in Canada, the United States and the European Union, including the Personal Information Protection and Electronic Documents Act (Canada), the Safe Harbour framework (as set forth by the United States Department of Commerce) and the E.U. Data Protection Directive (Directive 95/46/EC). From time to time, we may make changes to this Privacy Statement.  The Privacy Statement is current as of the “last revised” date which appears at the top of this page.  We will treat Personal Information in a manner consistent with the Privacy Statement under which it was collected and our Privacy Policy, unless we have your consent to treat it differently.  This Privacy Statement applies to any information we collect or receive about you, from any source.

McCain 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. Likewise, McCain is dedicated to the fundamentals of protecting consumer privacy on the internet, especially for children. We support active self-regulation of this new environment to ensure that responsible marketers can maintain the right to use all communication media to interact with its consumers.

The following topics will be covered in this Privacy Statement:

 

1.         To which companies does this Privacy Statement apply?

2.         What is Personal Information?

3.         How do we collect your Personal Information?

4.         Where do we store your Personal Information?

5.         How do we use your Personal Information?

6.         To whom do we provide your Personal Information?

7.         When and how do we obtain your consent?

8.         How do we ensure the privacy of your Personal Information when dealing with our affiliates and other third parties?

9.         How long will we utilize, disclose or retain your Personal Information?

10.       How can you review your Personal Information that we have collected, utilized or disclosed?

11.       How do you know that the Personal Information we have on you is accurate?

12.       What if the Personal Information we have on you is inaccurate?

13.       How fast will we respond to your written requests?

14.       Are there any costs to you for requesting information on your Personal Information or on our Privacy Policy or practices?

15.       How do we know that it is really you requesting your Personal Information?

16.       That safeguards have we implemented to protect your Personal Information?

17.       How do you contact us regarding access to your Personal Information or our Privacy Policy and practices?

1.                  To which companies does this Privacy Statement apply?

2.                  This Privacy Statement applies to the collections, uses and disclosures of Personal Information by McCain and its worldwide affiliates.

3.                  This Privacy Statement does not apply to other websites that we have linked to our website.  We try to link only with websites that share our values, however, you should check the privacy policy of any linked website to understand their personal information collection practices.  We are not responsible for the content or information collection policies of such websites.

4.                  What is Personal Information?

Personal Informationis any information that is identifiable with you.  This information may include but is not limited to your name, mailing address, phone number, email address and business facsimile number.

5.                  How do we collect your Personal Information?

(a)                We will always collect your Personal Information by fair and lawful means (for example, when you participate in a contest or promotion, submit your curriculum vitae or speak to a McCain representative).  We often collect Personal Information from you and from third party service providers, where we have obtained your consent to do so or as otherwise permitted by law.

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. 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 website.

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.  Other than the foregoing, we do not extract personal information in this process.  We do not disclose the foregoing information to third parties. 

6.                  Where do we store your Personal Information?

We will keep the Personal Information that we collect at our offices at 8800 Main Street, Florenceville-Bristol, NB E7L 1B2, Canada.  Our service providers, which include data storage and processing providers operating in the United States, may, from time to time, also hold your Personal Information in connection with purposes for which you provided your consent. 

7.                  How do we use your Personal Information?

We identify the purposes for which we use your Personal Information at the time we collect such information from you and obtain your consent, in any case, prior to such use.  We generally use your Personal Information for the following purposes (the “Purposes”):

(a)        for the purpose of providing the services you request;

(b)        to respond to an e-mail that you have sent to us by return e-mail or if e-mail is unsuccessful by phone;

(c)        to contact you from time to time, where you have specifically consented to follow-up contacts by McCain or its affiliates or to be put on our mailing list;

(d)       for such other purposes to which you may consent from time to time; and

(e)        for such other uses authorized by law.

8.                  To whom do we provide your Personal Information?

We identify to whom, and for what purposes, we disclose your Personal Information, at the time we collect such information from you and obtain your consent to such disclosure. 

For example, we may disclose your Personal Information to third party service providers with whom we have a contractual agreements that includes appropriate privacy standards, where such third parties are assisting us with the Purposes -- for example, service providers may be used to provide telephone support, assist in the completion of your orders, notify you of any contests or special offers, and data storage.

We will only make disclosures of Personal Information to such persons for which you provide your consent.  Notwithstanding the foregoing, we may also make disclosures of Personal Information to a potential acquiror in connection with a transaction involving the sale of the business of McCain or as otherwise permitted or required by law.

In addition, we may send Personal Information outside of the jurisdiction in which it is collected for the purposes set out above, including for process and storage by service providers in connection with such purposes, and you should note that while such information is out of that jurisdiction, it is subject to the laws of the country in which it is held, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. Countries, other than Canada, the United States or in the European Economic Area may not provide the same level of protection for Personal Information as within such jurisdictions. You hereby consent to such Personal Information being used and that it may be transmitted as stated above.

9.                  When and how do we obtain your consent?

We obtain your consent prior to collecting, and in any case, prior to using or disclosing your Personal Information for any purpose.  You may provide your consent to us either orally, electronically or in writing.

10.              How do we ensure the privacy of your Personal Information when dealing with our affiliates and other third parties?

We ensure that all affiliates and other third parties that are retained to perform services on our behalf and are provided with Personal Information are contractually required to observe the intent of this Privacy Statement and our Privacy Policy and practices.

11.              How long will we utilize, disclose or retain your Personal Information?

We may keep a record of your Personal Information, correspondence or comments in a file specific to you.  We will utilize, disclose or retain your Personal Information for as long as necessary to fulfill the purposes for which that Personal Information was collected and as permitted or required by law.

12.              How can you review your Personal Information that we have collected, utilized or disclosed?

If you make a written request to review any Personal Information about you that we have collected, utilized or disclosed, we will provide you with any such Personal Information to the extent required by law.  We will make such Personal Information available to you in a form that is generally understandable, and will explain any abbreviations or codes.

13.              How do you know that the Personal Information we have on you is accurate?

We will ensure that your Personal Information is kept as accurate, complete and up-to-date as possible.  We will not routinely update your Personal Information, unless such a process is necessary.  We expect you, from time to time, to supply us with written updates to your Personal Information, when required.

14.              What if the Personal Information we have on you is inaccurate?

At any time, you can challenge the accuracy or completeness of your Personal Information in our records.  If you successfully demonstrate that your Personal Information in our records is inaccurate or incomplete, we will amend the Personal Information as required.  Where appropriate, we will transmit the amended information to third parties having access to your Personal Information.

15.              How fast will we respond to your written requests?

We will attempt to respond to each of your written requests not later than thirty (30) days after receipt of such requests.  You have the right to make a complaint to the applicable Privacy Commissioner or data protection authority in respect of this time limit.

16.              Are there any costs to you for requesting information about your Personal Information or our Privacy Policy or practices?

We will not charge any costs for you to access your Personal Information in our records or to access our Privacy Policy or practices without first providing you with an estimate of the approximate costs, if any.  You may withdraw your requests for access to information by notifying us within the thirty (30) day notice period disclosed on the estimate. If you do not notify us within such thirty (30) day period, we will send you a further notice indicating that you will be deemed to have withdrawn your request for access unless you advise us otherwise within thirty (30) days. If, after the expiry of this second thirty (30) day period, you have not so advised us, we will deem your request to have been withdrawn and provide you with written notice to that effect.

17.              How do we know that it is really you requesting your Personal Information?

We may request that you provide sufficient identification to permit access to the existence, use or disclosure of your Personal Information.  Any such identifying information shall be used only for this purpose.

18.              What safeguards have we implemented to protect your Personal Information?

We have implemented physical, organizational, contractual and technological security measures to protect your Personal Information from loss or theft, unauthorized access, disclosure, copying, use or modification.  The only employees who are granted access to your Personal Information are those with a business ‘need-to-know’ or whose duties reasonably require such information.

19.              How do you contact us regarding access to your Personal Information or our Privacy Policy and practices?

All comments, questions, concerns or complaints regarding your Personal Information or our Privacy Policy and practices, should be forwarded to our Privacy Officer as follows.

In writing:

 

8800 Main Street

Florenceville-Bristol, NB E7L 1B2

Canada

Attention: Chief Privacy Officer