Effective: May 18, 2011
(Subject to Revision)
WHAT IS PRIVATE INFORMATION?
“Private Information” means
- as to a natural person, any information that may be used uniquely to identify the person (other than in such person’s representative capacity on behalf of a business enterprise), including such information submitted in Candidate Profiles in connection with employment applications through our employment or recruitment pages. Such information includes first and last name, birth dates, social security number, driver’s license, gender, race, personal (as opposed to business) e-mail addresses, credit information, home phone numbers or addresses, employment and educational history.
- as to a business enterprise, any banking or confidential financial information that it does not generally share with third parties but that is shared with us in any credit application process or business transaction.“Private information” does not include, without limitation, aggregated information (i.e. information presented in summary or statistical form which does not contain data that would permit the identification of a specific individual without significant effort).
A “business enterprise” or “business” means any sole proprietorship, partnership, corporation, limited partnership, limited liability partnership or company, business group or cooperative.
HOW SYSCO GATHERS PRIVATE INFORMATION
Sysco may collect Private Information from its customers, suppliers and other Site users in several ways:
Sysco may gather account information through the Sites.
When you visit the Sites, we may ask you for Private Information so that we can provide you with the products, services, or information that you have requested, including credit and financial information required in order to open a business account with us. When you maintain a business account with Sysco and transact business with Sysco through the Sites, we will ask you for information necessary to process and complete transactions with us, including your name, shipping and billing addresses, e-mail address, and credit card or other payment-related information.
Sysco may maintain historical account information of its customers and suppliers.
Sysco may gather information about individual guarantors.
In connection with credit terms extended to our customers, we may collect and maintain Private Information about individuals who give personal guarantees on behalf of businesses, such as when the owner of a small restaurant provides a personal guarantee on behalf of the restaurant.
Sysco may gather information from the Sites by cookies and Internet monitoring technologies.
We also reserve the right to use outside companies to display ads on our sites. These ads may contain cookies. Cookies received with banner ads are collected by such outside companies, and we do not have access to this information.
Sysco may gather information provided by you in one or more other features of the Sites.
Sysco may from time to time offer interactive or social aspects on the Sites. For example, if you choose to express an opinion in an online forum, respond to user polls, or enter any contests, we may ask you for Private Information. If you request to sign up for newsletters or other promotional materials, or if you send an inquiry to one of our customer service representatives, we may store a record of your request along with any Private Information allowing us to respond to your inquiry.
HOW SYSCO USES PRIVATE INFORMATION
Sysco uses Private Information in establishing, maintaining and concluding business or employment arrangements.
Sysco uses Private Information to evaluate prospective customers, suppliers and employees and, if we so elect, to open, maintain and terminate customer accounts, supplier arrangements, or employment relationships.
Sysco uses Private Information to process and transactions with customers and suppliers and to improve its business processes.
Sysco uses Private Information in aggregated reports.
We may combine Private Information with other information to create aggregate or summary reports, and we may provide aggregate data to other parties for marketing, advertising, and other purposes. If Sysco provides information to other parties in aggregate form, such data will not include any specifically identifiable Private Information concerning specific customers, suppliers or individuals.
IS PRIVATE INFORMATION EVER SHARED OR DISCLOSED?
Private Information is used to complete and support your use of the Sites and the services provided thereon and to comply with any requirements of law. Sysco may share Private Information with third parties as described below:
Sysco may disclose Private Information as required by law and for the protection of Sysco and others.
Sysco may disclose Private Information to third parties who help us provide our services.
We depend upon third parties and independent contractors (collectively “third party service providers”) to provide services in connection with our business operations. We may transmit your Private Information to or allow access to such information by third party service providers who assist us in a variety of ways, including in hosting our business information and data, allowing information technology providers and maintenance services to provide and support information technology systems and services, processing orders and payments, shipping products, sending catalogs, performing surveys, conducting promotions, advertising and marketing, processing job applications, providing recruitment and background screening, and sending e-mails and newsletters. Without limiting the foregoing, we may make certain of the pages associated with our sites available for employment opportunities or human resources. They usually will be captioned “Careers” or “Career Opportunities” or will have similar labels or captions clearly indicating the employment opportunity subject matter and such pages may be co-branded with third party service providers. For example, we have contracted with various background search, testing and drug screening companies that may provide recruitment related services at different points in the recruiting process.
We use good faith efforts with these third party service providers to require them to protect the privacy of Private Information by implementing adequate security measures and by using the Private Information only as authorized and directed by Sysco. We do not permit such third parties to use Private Information for direct marketing or any other purposes not authorized by Sysco. However, such third party service providers perform work outside of our direct supervision and, therefore, we can never guarantee that Private Information will be protected by such third parties.
Sysco may disclose Private Information as part of a corporate transaction.
If Sysco should ever merge with, acquire or be acquired by another company, whether by merger, stock transfer, or sale of assets, we may disclose, sell or otherwise transfer control of the Private Information to a third party as part of such transaction.
Private Information may be disclosed if you participate in one or more interactive or social features that Sysco may offer on the Sites.
Sysco allows other users of the Sites to browse comments, questions or other entries that you have submitted or commented on in one or more forums, message boards, product ratings, feedback portals or other interactive or social aspects that Sysco may include on the Sites from time to time. Sysco may choose to post this data on other features in the future. Your use of such social features constitutes your consent and agreement to Sysco’s use of any content you post or transmit through such features for Sysco’s editorial, advertising and publicity purposes, without compensation to you, except where prohibited by law.
IS AGGREGATED INFORMATION EVER SHARED OR DISCLOSED?
We reserve the right to share aggregated information with third parties at our discretion. We will use our good faith efforts to aggregate information in a manner that will not reveal identifiable Private Information about you.
OPT OUT PROCEDURES
To the extent required by law, and except as set forth above, so long as you have provided your email address to us, if we intend to use or share your Private Information beyond the scope described above or in a manner that we reasonably determine to be a purpose incompatible with the purpose(s) for which it was originally collected, we will endeavor to contact you and provide you with the ability to prevent the sharing of this information through “opt out” elections. If we do provide opt out elections with respect to new uses, even if not legally required to do so, such opt out elections will be treated as affirmative consent to the specified uses if you do not respond in a manner and within the period specified in the election to deny us the right to make such use.
IS PRIVATE INFORMATION SECURE?
The security of Private Information is a priority for us. We implement measures that we believe in good faith will protect this information to the extent reasonably feasible in light of industry practices. In some cases the measures employed may vary depending on the level of sensitivity of the Private Information. Our measures may include restricted access to certain of our systems (including physical and electronic safeguards, such as passwords, encrypting sensitive information (as described below)). We may also restrict user access commensurate with responsibilities and institute procedural safeguards, such as identity authentication procedures. We train our employees in the proper handling of Private Information. We also maintain a disaster recovery and continuity plan to help guard against unforeseen disruptions.
When you open business accounts or enter into business transactions through the Sites, Sysco uses Secure Sockets Layer (SSL) technology. SSL encrypts your credit card and other Private Information before it is transmitted to us to limit reading or recording of such information as it travels over the Internet. Credit card information submitted by a user or gained through normal financial transactions is governed by financial guidelines and federal, state and/or local laws. Sysco holds all credit card information in strict confidence and for the sole purpose of conducting business with Sysco, all in accordance with Payment Card Industry (PCI) guidelines.
We may also use encryption technology for certain Private Information used internally within our company, as determined on a case by case basis. Generally, we do not encrypt information deemed “public,” such as information publicly available on the Sites and not protected by passwords or other security measures.
When we share Private Information with third party service providers, we use good faith efforts to require such service providers to protect the privacy of Private Information by implementing adequate security measures and by using the Private Information only as authorized and directed by us. However, such third party service providers perform work outside of our direct supervision and, therefore, we can never guarantee that Private Information will be protected by such third parties. Use of the Sites is at your own risk. We are not responsible for the circumvention of any security measures used by our third party service providers.
If you have or open a business account with Sysco, we have implemented separate policies, protocols, procedures and agreements with respect to the use and effect use of password and other authenticating information (the “Authentication and Attribution Policies”). Among other things, the privacy and security of your Sysco account information is protected by your account user name and password. You should be aware that any person to whom you grant access to your account user name password will have access to your complete account information, including information such as credit information, information about individuals including individual guarantors, and transaction histories. You should not grant access to your user name and password to any person to whom you are not comfortable sharing such information. In addition, you need to work to protect against unauthorized access to your password and to your computer by logging off once you have finished using a shared computer. You should review the Authentication and Attribution Policies for additional information concerning the acquisition, use, and effect of passwords and other account user information.
LINKS TO OTHER SITES
OTHER AGREEMENTS, ARRANGEMENTS AND POLICIES
DISCLAIMER; APPLICABLE LAW; LIMITATIONS ON LIABILITY
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits users that are California residents to request that we not share certain information included in “Private Information” with third parties if we know or have reason to know that the third parties use the covered information for the third parties’ direct marketing purposes. As stated above under the caption “Sysco may disclose Private Information to third parties who help us provide our services” our policies and contracts with third party service providers require such providers to secure Private Information related to all customers and suppliers, including California customers and suppliers, and do not permit any use of Private Information for direct marketing or any other purposes not authorized by Sysco.
A NOTE ABOUT THE PRIVACY OF CHILDREN UNDER 13
None of our Sites are directed or otherwise promoted for use by children under the age of thirteen (13). Consistent with the Children’s Online Privacy Protection Act of 1998, Sysco does not knowingly collect personally identifiable information on children under the age of thirteen (13).