Goya Privacy Policy

Last Updated: August 10, 2023

CONTENTS

A. Introduction

B. Personal Information Collected by Goya

C. Use and Disclosure of Personal Information

D. Opt-Out Preference Signals; Targeted Advertising; Analytics Providers

E. Opting-Out

F. Retention

G. Summary of Prior 12-Month Personal Information Handling Practices

H. Disclosures for Certain Individuals in the United States

I. Other Sites

J. Underage Persons

K. Consent to Processing and Transfer of Information

L. Updates to Privacy Policy

M. Contact Us

A. Introduction

This Privacy Policy describes how Goya Foods, Inc., Goya Foods of California, Inc. and Cardet Wholesale, Inc. (d/b/a Goya Foods of Texas) (collectively “Goya”, “we”, “our”, or “us”) will collect, access, use and disclose your Personal Information, including in relation to your use of Goya’s website at www.goya.com (the “Website”) and from our business-to-business and vendor relationships (“B2B”). This Privacy Policy does not apply to information collected on the Goya Webstore at https://shop.goya.com/ (the “Webstore”) powered by WorldPantry.com, Inc. The Webstore is distinct from Goya’s website and other information collected online or offline by Goya. The Webstore is subject to a separate privacy policy, located here: https://shop.goya.com/pages/privacy-policy.

For purposes of this Privacy Policy, “Personal Information” is information relating to an identified or identifiable individual. For purposes of this Privacy Policy, Personal Information does not include de-identified or aggregated information and, to the extent permitted by law, does not include publicly available information that is lawfully made available to the general public or information that is lawfully made available from government records.

Third Party Retailers. This Privacy Policy does not apply to third party retailers that collect Personal Information directly from you on their own platforms or websites in order to sell and distribute Goya products through such platforms or websites. Such retailers operate as separate and independent businesses and have their own practices and policies concerning the collection, use and sharing of personal information.

Exclusions. This Privacy Policy does not apply to (i) Personal Information collected when you apply for a job with Goya or (ii) Personal Information collected as an employee of Goya.

B. Personal Information Collected by Goya

Goya collects certain information from you and your devices. By using the Website, ordering services, engaging in B2B relations, or otherwise providing Personal Information to Goya, you consent to Goya’s collection, access, use and disclosure of the information as described in this Privacy Policy.

1. Categories of Personal Information Collected

We may collect the following categories of Personal Information:

• Identifiers, such as personal contact information (e.g., name, email address, phone number, zip code, etc.), business contact information (e.g., name, company name, business email address, business phone number, etc.), IP address, and unique personal identifier;
• Account login information (e.g., username, email address and password used to create account on the Website);
• Internet or other electronic network activity information (e.g., cookie data, as described below);
• Customer communications (e.g., emails or feedback to Goya); and
• Customer generated content (e.g., recipes).

2. Categories of Sources from which Personal Information Is Collected

We may receive Personal Information from the following sources, in compliance with applicable laws:

• Directly from you or your device (e.g., when you complete forms on the Website, register for an account, conduct business dealings with us, communicate with us, or subscribe to our mailing lists);
• From a Goya service provider, contractor, processor, or vendor (e.g., from a service provider collecting information on Goya’s behalf, or from a vendor providing information that it owns); and
• From other third-party partners from which you purchase our products, participate in a giveaway or promotion or consent/subscribe to mailing list.

3. Information Collected from Your Browser or Device

When you visit the Website, we (or a service provider on our behalf) may automatically gather and store certain information about your visit from your browser or device, such as your IP address, geographical information, browser type and version, operating system, pages visited, referral sources, and other information relating to your usage of the Website (“Website Activity Data”). We may collect this information through the use of browser information, log files, and other methods.

4. Information Collected Using Cookies and Other Tracking Technologies

We use cookies and other tracking technologies such as pixels, tags, and web beacons on our Website. Cookies are small data files stored on your device by a website. We and our analytics providers use both first-party cookies (such as the Google Analytics cookie) as well as third-party cookies (such as the advertising cookies). Cookies and other tracking technologies allow us to collect information such as the pages you viewed on our Website, the number of times you accessed our Website, the amount of time you spent on our Website, and other web traffic data. We also use cookies and other tracking technologies to conduct analytics on our Website and for marketing purposes to send you targeted advertising.

If you do not wish to have your information collected by using cookies and other tracking technologies, you can disable certain cookies and tracking technologies by adjusting your browser settings. Note that if you remove or reject our cookies, it may affect how our Website works for you. For more information on our use of tracking technologies and analytics providers, please see section D. Opt-Out Preference Signals; Targeted Advertising; Analytics Providers below.

C. Use and Disclosure of Personal Information

1. Business or Commercial Purposes for Collection or Use of Personal Information

Goya may use your Personal Information in a variety of ways, including:

• To Provide You with Services: We may use your Personal Information to maintain your account, provide you with the Website, verify your identity to use the Website, provide you with customer service, and for troubleshooting, support services, and maintenance;
• To Communicate with You and Send You Materials: We may use your Personal Information to communicate with you. We may also use your information to fulfill your requests for information, including requests to receive our newsletter and other materials, and to send you marketing or promotional communications. Should you no longer wish to receive these marketing or promotional communications, you may opt out as described below in section E. Opting-Out. We may also contact you to ask for your feedback;
• To Conduct Business Dealings with Our B2B Contacts: We may use your Personal Information to communicate with our B2B contacts for purposes of entering into contracts, carrying out other business dealings, and receiving services from our service providers, contractors, processors, and vendors;
• To Manage Our Business and Improve Our Products and Services: We may use your Personal Information to manage our business, including performing accounting, auditing and other internal and administrative purposes. We may also use your information to evaluate and improve our products and services (including our Website), conduct research and perform analysis, learn more about our users and customers and identify new customers, and enhance the customer experience (including to better optimize and target our marketing and services). We may use your information to personalize your experience on the Website and to improve the security, design, and functionality of our Website; and
• Other Uses: We may also use your Personal Information as described below in subsection 3 Additional Uses and Disclosure of Personal Information.

2. Disclosure of Personal Information

Goya may disclose the categories of Personal Information described above in subsection B.1 Categories of Personal Information with the following categories of other parties:

• With Our Service Providers, Contractors, Processors, and Vendors: Goya may disclose certain Personal Information to service providers, contractors, processors, and vendors acting on our behalf, such as customer services operators, consultants, professional advisers, data analytics providers, digital advertising and marketing services providers, and other such parties;
• With Our Affiliates: Goya may disclose your Personal Information to our affiliates or another member within our group of companies for the purposes described in this Privacy Policy;
• With Our Business Partners: Goya may disclose your Personal Information to our business partners to provide products and services; and
• With Other Parties: We may also disclose your Personal Information to other parties in certain other circumstances that we identify to you (e.g., as needed to provide a service), including the other parties described below in subsection 3 Additional Uses and Disclosure of Personal Information.

3. Additional Uses and Disclosure of Personal Information

In addition to the uses described above, Goya may also use and/or disclose your Personal Information in the following ways or as otherwise authorized by law:

• To comply with laws, regulations, court orders and subpoenas or similar requests for information by government or regulatory authorities, or as otherwise required by law;
• If we determine a policy violation has occurred, including to enforce agreements you may have with us;
• To identify, contact or bring legal action regarding injury or interference with our rights and property, including to enforce our rights against unauthorized access or attempted unauthorized access to our information technology assets or against other inappropriate use of our Website;
• In connection with pending litigation;
• To detect security incidents, investigate and protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity;
• For safety purposes, including to respond to an emergency, and to protect the rights, property, safety and security of you and others;
• To debug to identify and repair errors that impair existing intended functionality in the Website; and
• In connection with a merger, divestiture, acquisition, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.

4. Sale of Personal Information or Sharing of Personal Information for Targeted Advertising

Goya does not sell your Personal Information to third parties for monetary consideration. However, Goya may share your Personal Information with third parties for targeted advertising, which may be considered a “sale” or “sharing” of Personal Information for targeted advertising under privacy laws. Goya does not knowingly sell, share or use the Personal Information of children under the age of 16. To learn more about the categories of Personal Information we may “sell” or “share” under privacy laws, please see section G. Summary of Prior 12-Month Personal Information Handling Practices, which is consistent with our current practices.

D. Opt-Out Preference Signals; Targeted Advertising; Analytics Providers

1. Opt-Out Preference Signals

An opt-out preference signal is a signal that is sent by a platform, technology, or mechanism on your behalf that communicates your choice to opt-out of the sharing for targeted advertisements or sale of your Personal Information. We treat user-enabled opt-out preference signals (which may also be considered do not track preferences if technically compatible, such as Global Privacy Control), such as a browser plug-in or privacy setting, device setting, or other mechanism, that communicate or signal your choice to opt-out of the sale or sharing of your Personal Information as a valid opt-out request. You can learn more about implementing opt-out preference signals by visiting the Global Privacy Control website here or by exploring other developing technologies and services that offer this tool.

2. Tracking Technologies and Targeted Advertising

We and certain other parties operating on our behalf collect information about your activity on our Website using tracking technologies such as cookies, pixel tags, and web beacons. This tracking data may be used for many purposes, including to analyze traffic on our Website and to deliver relevant content and targeted advertising based on your preferences, usage patterns, and location. We may associate this tracking data with your registered account, in which case we will treat it as Personal Information. Other parties that collect tracking data on our behalf may provide you with an opportunity not to be tracked online.

You may choose not to receive targeted advertising from many digital advertising and marketing service providers. You may opt-out of targeted advertising from Network Advertising Institute members by visiting https://optout.networkadvertising.org, and from the Digital Advertising Alliance by visiting the YourAdChoices page at http://aboutads.info/choices. In addition, you may adjust your Website cookie settings at the "Do Not Sell or Share My Personal Information" link.

3. Analytics Providers

We work with analytics providers, including but not limited to Google Analytics, to help us better understand how you use the Website. We use certain applications on the Website provided by other parties to provide services such as analytics or marketing for us. Such analytics providers may be able to collect limited information about you, including through the use of cookies (including tracking cookies), as described above.

4. Google Analytics

We use Google Analytics to learn more about the types of users that visit the Website and to help improve the Website. For example, Google Analytics provides us with certain data regarding users that visit the Website. To provide this service, Google Analytics may collect certain information about you from your computer, including but not limited to: information regarding your visit (such as the pages you visit and the length of your visit), information about your device (such as your IP address), how you got to the Website, and other information about you. You can learn more about Google Analytics and how it collects and processes data (including how to control the information sent to Google) by visiting: www.google.com/policies/privacy/partners/. You can opt-out of Google Analytics by using the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout/.

E. Opting-Out

You may receive email communications from Goya, including communications regarding the Website, newsletters, marketing or promotions, and/or other topics. To contact you, Goya may use the information you provide to us, including your email, address, or phone. You may also opt-out of promotional email communications by clicking on a link provided in the promotional email message. After opting-out, you will no longer receive marketing or promotional communications but may continue to receive other non-marketing-related messages, such as emails relating to your account or your use of the Website.

F. Retention

We store Personal Information for as long as necessary to carry out the purposes for which we originally collected it and for other legitimate business purposes, including to meet our legal, regulatory, or other compliance obligations.

G. Summary of Prior 12-Month Personal Information Handling Practices

We provide in the chart below a summary of our prior 12-month Personal Information handling practices. You can learn more about the Personal Information we collect at or before the point of collection above in sections B. Personal Information Collected by Goya and C. Use and Disclosure of Personal Information.

H. Disclosures for Certain Individuals in the United States

This section contains additional information for residents in California, Colorado, Connecticut, Virginia, and Utah regarding our Personal Information handling practices and data privacy rights.

1. Sensitive Personal Information

Under United States privacy laws, certain types of Personal Information are considered “sensitive” Personal Information or data and require additional data privacy rights and obligations. Goya collects account login information and demographic information revealing a person’s racial or ethnic origin, which may be considered sensitive Personal Information or data. Where required by law, we will obtain your consent before processing your sensitive Personal Information or data. In California, you also have the right to limit the use and disclosure of your sensitive Personal Information. To exercise this right, please follow the instructions below under subsection H.3 Instructions on How to Exercise Your Privacy Rights. If you have any questions about our handling of sensitive Personal Information or data, or to withdraw your consent, please contact us through the information provided below in section M. Contact Us.

2. Your Rights

Data privacy laws afford consumers residing in California, Colorado, Connecticut, Virginia, and Utah certain rights with respect to their Personal Information, subject to certain exceptions. If you reside in these states, this section applies to you. Subject to certain limitations, you have the following rights:

• Right to Delete: You have the right to request we delete the Personal Information we have collected about you;
• Right to Correct: You have the right to request we correct inaccurate Personal Information we maintain about you;
• Right to Know and Access: You have the right to confirm whether we are processing your Personal Information and to know and access the Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we have collected about you. You have the right to receive this information in a format, to the extent technically feasible, that is portable, usable, and allows you to transmit the Personal Information to a person without impediment, where the processing is carried out by automated means;
• Right to Opt-Out of Profiling: You have the right to opt out of the processing of your Personal Information for profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer;
• Rights Related to Sharing for Targeted Advertising or Sale: You have the right to opt out of the sharing of your Personal Information for targeted advertising or the sale of your Personal Information;
• Rights Related to Sensitive Personal Information or Data: Data privacy laws may provide additional protection for sensitive Personal Information or data. Please see subsection 1 Sensitive Personal Information above for more information;
• Right to No Discrimination: You have the right not to be discriminated against for exercising any of your privacy rights. This includes us not: (a) denying you goods or services; (b) charging you different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; (c) providing you a different level or quality of goods or services; (d) suggesting to you that you will receive a different price or rate for goods or services or a different level or quality of goods or services; and (e) retaliating against you for exercising your privacy rights; and
• Right to Appeal: If we decline to take action in response to your exercise of a privacy right, we will inform you of the reason for denying your request and provide you instructions on how to appeal the decision.

3. Instructions on How to Exercise Your Privacy Rights

You may exercise your privacy rights by calling our toll-free phone number at [201-348-4900] or by completing our web form here. In some instances, before honoring your privacy right request we will first need you to verify your identity. We will verify your identity by asking you to provide Personal Information related to your recent interactions with us. We will honor your privacy rights request within 45 calendar days of receipt, unless we request an extension as permitted by data privacy laws. However, we will honor opt-out of sale and sharing and limit use of sensitive Personal Information requests within 15 business days. If you would like to make a request to opt-out of sale and sharing, or to limit use of sensitive Personal Information, you may also click on the "Do Not Sell or Share My Personal Information" and "Limit the Use of My Sensitive Personal Information" links.

4. Appealing a Denial of a Privacy Request

You may appeal a denial of your privacy right requests by calling us at our toll-free phone number, [201-348-4900] or by completing our web form here. Within 45 days of receipt of an appeal, we will inform you in writing of any action taken in response to the appeal, including a written explanation of the reasons for the decisions. If we deny your appeal, you may submit a complaint to the Attorney General of your state.

5. Authorized Agents

You may exercise your privacy rights through an authorized agent, if permitted by law. If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with a power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. If you are an authorized agent seeking to make a request, please email us at privacy@GOYA.com or complete our web form here.

6. Additional Disclosure for California Residents

California law permits residents of California to request certain details about how their information is shared with third parties for their direct marketing purposes. If you are a California resident and would like to make such a request, please contact us through the information provided below in section M. Contact Us.

I. Other Sites

The Website may include links to other websites that we do not own or operate. We do not control and are not responsible for these sites or their content, products, services, or privacy policies or practices. These other sites may send their own cookies to your device, they may independently collect data or solicit personal information and may or may not have their own published privacy policies. We encourage you to become familiar with the privacy policies and terms of use for these sites before sharing your personal information with them.

J. Underage Persons

The Website is not directed to children under 13. We do not seek to, nor do we knowingly collect, use or disclose information from anyone under 13 years old. If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. To do so, contact Goya through the information provided below in section M. Contact Us.

K. Consent to Processing and Transfer of Information

Goya is located in the United States and our Website is operated in and governed by the laws of the United States. Our Website is not directed to individuals located outside of the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Website, or providing us with any Personal Information, you (a) acknowledge that the Website is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.

L. Updates to Privacy Policy

From time to time, we may update this Privacy Policy. If we do, we will note near the top of this page the date that any changes are made and/or when they become effective. If the changes being made are material, we may alert you to the changes in a more prominent way and obtain your consent if required by law. Your inaction or continued use of the Website after any such notices, will tell us that you agree to these changes.

M. Contact Us

For questions or comments regarding this Privacy Policy, please contact us:

Online at: https://www.goya.com/en/contact

By E-mail at: Consumers@GOYA.com