KEHE TERMS OF USE
Thank you for visiting KeHE’s Website! We are excited to have you explore all the KeHE has to offer!
In return for your participation and use of this website, or any other website operated by KeHE Distributors, LLC, its parents, subsidiaries, divisions, and affiliates, including, but not limited to its KeHE Cares™ and Caretrade® initiatives (collectively, “KeHE”), please read the Terms of Use below carefully, because when you use our Websites, you automatically agree to them.
RESTRICTIONS ON YOUR USE OF THE MATERIALS IN OUR WEBSITES
By using this website, or any other website operated by KeHE (each a “Website,” or collectively, “Websites”), you represent, warrant, and covenant the following:
(1) You will not use the Websites for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Websites, or interfere with anyone else’s use and enjoyment of the Websites, including, but not limited to: (a) attempting to gain unauthorized access to the Websites through hacking, password mining, or any other means, (b) use of threatening, abusive, libelous, defamatory, obscene, scandalous, vulgar, offensive, pornographic, profane, sexually explicit or indecent materials, (c) committing or encouraging conduct that would constitute a criminal offense, giving rise to civil or criminal liability or otherwise violate law, (d) or upload, transmit, publish, or distribute materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus or other harmful component, (iii) contain any information, software or other material of a commercial nature, (iv) contain advertising of any kind, or (v) constitute or contain false or misleading indications of origin or statements of fact.
(2) You agree not to re-use material from this Website, unless you get written permission from KeHE first.
(3) You are at least eighteen (18) years of old.
SOCIAL MEDIA
You’re not permitted to post or upload any of our Websites content for your commercial, business, or non-personal use. If you use or post our Websites information and materials for any non-personal purposes, you’ll be violating our intellectual property rights.
INFORMATION ABOUT HEALTH & WELLNESS
Information accessible on this Websites is not intended to be a substitute for professional medical advice. Information is often general in nature and may be helpful to some persons but not others, depending upon their personal medical needs.
OTHER WEBSITES AND LINKS
We sometimes provide access to other websites from our Websites. These links are provided by KeHE only as a convenience. The inclusion of any link does not imply any affiliation, association, adoption, or endorsement by KeHE of the site or any of the information or content therein. Because these linked sites and resources are not under the control of KeHE, you acknowledge and agree that KeHE is not responsible or liable for the content, advertising, products, services, or other materials on any linked site or any review, changes, or updates to such sites, or any use thereof. It is the user’s responsibility to take precautions to ensure that whatever linked site and resource is selected is free of such items as viruses and other items of a destructive nature.
Check the Uniform Resource Locator (URL) address provided in your browser to see if you are still in a KeHE-operated Websites or have moved to another Websites.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL KEHE, ITS AFFILIATES, ITS SUBSIDIARIES, THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR KEHE’S SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR BUSINESS INTERRUPTION OR LOSS OF PROFIT, ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIALS ON THIS SITE, OR ANY HYPERLINKED SITE OR ANY PRODUCT OR SERVICES SOLD HEREUNDER, EVEN IF KEHE OR AN KEHE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. BUT IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY’RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS OUR WEBSITES.
DISCLAIMER
THE WEBSITES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITES, IS PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, KEHE MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER: FOR THE CONTENT ON THE WEBSITES OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE KEHE WEB SITE; FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES; OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITES OR ANY LINKED SITE. FURTHER, KEHE EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KEHE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KEHE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
KEHE shall not be liable for delays or defaults in furnishing the services or products hereunder including technological, computer hardware or software errors, delays or breakdowns and including any delays or defaults on the part of KEHE that are due to causes beyond the reasonable control of KEHE, including those caused by attacks from unauthorized users who access KEHE’s technological infrastructure.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
JURISDICTION
Unless otherwise specified, the materials in our Websites are presented to provide information about KeHE and its products. KeHE controls and operates its Websites from the company’s headquarters in Naperville, Illinois, in the United States of America. We in no way imply that the materials on the Websites are appropriate or available for use outside of the United States. If you use our Websites from locations outside of the United States, you are responsible for compliance with any applicable local laws.
Some software from our Websites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: a. into (or to a national or resident of) any country to which the United States has placed an embargo; or b. to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Table of Deny Orders.
If you download or use the Websites or software, you are, in effect, confirming to us that you are not located in, are not under the control of, and are not a national or resident of any such country, and that you are not on any such list. You may not use or export the materials from this Websites in violation of U.S. export laws and regulations.
MISCELLANEOUS
These Terms of Use, and the agreement they create, shall be governed by and interpreted according to the laws of the State of Illinois (without applying the state’s conflict-of-law principles). You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Cook County, Illinois with respect to any claims, demands or causes of action arising out of or related to this Agreement or your use of the Websites. Any such claim must be brought within one (1) year of the occurrence of the claims.
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.
KeHE may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you.
These Websites, Terms of Use, and the KeHE Privacy Policy make up the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.
KeHE Privacy Policy
Revised April 2019
KeHE Distributors, LLC, its parents, subsidiaries, divisions, and affiliates, including, but not limited to its KeHE Cares™ and Caretrade® initiatives (collectively “KeHE,” “we,” or “us”), knows that you care how your information is used and shared. This Privacy Policy (“Policy”) describes our policies with respect to information that KeHE collects through all KeHE operated Websites, including, but not limited to, the Websites KeHE.com and KeHECares.org (“Websites”) and in connection with KeHE partnerships, conferences, events, tradeshows, and other products or services.
Changes in this Policy
KeHE may amend this Policy at any time without notice. Changes to this Policy may affect our use of personally identifiable information that you provided us prior to our notification to you of the changes. Please visit our Websites to obtain current information about our Policy.
KeHE uses various technologies to protect the confidentiality, security, and integrity of information volunteered or collected from users of the Websites. We do not require anyone to divulge any personally identifiable information to use the Websites. On occasion, KeHE requires a user to register, when for example applying for membership, events, or purchasing products or services. KeHE will not collect personal information about you unless the information is provided voluntarily by you.
- Information KeHE Collects
The information we collect generally includes: (1) personal information you supply and (2) tracking information collected as you navigate through the Websites. KeHE processes Personal data collected through the Services on the lawful basis of legitimate interests to provide the Services to you. Such processing is necessary for the purposes of the legitimate interests pursued by KeHE or by our Service Providers related to the Services.
Information Collected from You
We may collect and store personally identifiable information that you provide to us. The personally identifiable information we request from you may include your: (i) country of residence; (ii) first, middle, and last name; (iii) age and date of birth; (iv) job title; (v) home or office phone and fax numbers; (vi) employer’s name and address; (vii) home or office address; (viii) home or office e-mail address; (ix) KeHE member identification number, user ID, and password; and (x) credit card information (only if purchases are made) (collectively “Personal data”).
Information Collected Through Technology
Primarily to tailor the Websites to your needs, KeHE collects information using technology, such as IP addresses and cookies. For example, your IP address provides KeHE with non-personally identifiable information about how you entered the Internet, namely through your Internet service provider, your company, or some other source, and can permit KeHE to identify the frequency with which you visit the Websites. Standard features in Internet browser software such as “cookies” allow Websites to track certain user activities by assigning each of our visitors a unique number that resides on your computer. KeHE uses cookies to make the Websites more interesting and useful (for example, cookies let us know which of our sites you have been visiting and which you have not).
Website Analytics
Our Websites also use Google Analytics, a service which transmits website traffic data to Google services in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage.
Information Is Not Collected Online from Children Under 16
KeHE does not knowingly collect any personally identifiable information online from children under the age of 16.
- How KeHE Uses That Information
KeHE uses your personally identifiable information for the purposes for which it was submitted. For example, KeHE uses the information collected to enable a user to: (i) to receive KeHE newsletters and product and/or service announcements, (ii) to participate in KeHE sponsored meetings, tradeshows, events, programs, and activities (iii) make charitable contributions, (v) to purchase KeHE products, and (viii) such other use related to KeHE’s Website or its mission. We do not undertake to maintain any information about you for a duration greater than necessary to provide services to you or as provided by law, rule or regulation.
KeHE may use information about use of the Websites and aggregated information about you and other visitors to our Websites in order to improve our Websites and develop content and services that may be of interest to you and for its other business purposes.
III. Security Measures Taken to Protect Personally Identifiable Information
KeHE uses firewalls, vulnerability scans, and secure server encryption technology to protect personally identifiable information. KeHE also employs internal physical and technologic security measures to detect and block unauthorized intrusions to its computer systems. However, while we employ reasonable security measures to protect your personal information, please be aware that no method of electronic transmission is completely infallible, and we cannot guarantee its absolute safety.
- Information Sharing with Third Parties
Limited personally identifiable information we request from you (namely, your name and home or office address) is occasionally shared with KeHE’s our authorized service providers that perform certain services on our behalf. These services may include providing customer service, send you promotional material and registration information about events or goods and services offered by KeHE, performing business and sales analysis, and supporting our Websites functionality or other features offered through our Websites. These service providers may have access to personal information needed to perform their functions but are not authorized to share or use such information for any other purposes.
We may also provide your information to third parties to accomplish the purpose for which the information was submitted, such as providing your personally identifiable information to credit card processors to process a purchase.
We may also transfer user or customer information, including personally identifiable information, in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale.
We may disclose specific information in response to a valid court order, subpoena, government investigation, or as otherwise required by law, to enforce our Websites policies, or to protect our or others’ rights, property, or safety. We reserve the right to report to law enforcement illegal uses of the Websites, or defend ourselves against third-party claims. We may also share information with companies assisting in fraud protection or investigation. We do not provide information to these agencies or companies for marketing or commercial purposes.
- Rights in Relation to Your Personal data
KeHE enables users of its Websites to update contact information and to opt out of the collection of personally identifiable information or particular communications or services by e-mail, telephone, or regular mail. Please use the contact information listed below. Due to production, mailing, and system timelines, it may take some time to process your request. In addition, we may still use your information to communicate with you for other purposes, such as for customer service.
Right of access: Upon request, KeHE will confirm any processing of your personal data and provide you with a copy of that Personal data in an acceptable machine-readable format.
Right to rectification: You have the right to have KeHE correct any inaccurate personal data or to have KeHE complete any incomplete Personal data;
Right to restrict processing; You have the right to ask KeHE to suppress the processing of your personal data but KeHE may still store your personal data.
Right to object to processing: You have the right to object to your personal data used in the following manners: (a) processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling); (b) direct marketing (including profiling); and (c) processing for purposes of scientific/historical research and statistics.
Right to erasure: You may ask the KeHE to delete or remove your personal data and we will do so in some circumstances, such as where we no longer need it (we may not delete your data when other interests outweigh your right to deletion).
Right to data portability: Effective 25 May 2018, you have the right to obtain your Personal data from us that you consented to give us or that is necessary to perform fulfillment of member benefits with you. We will give you your Personal data in a structured, commonly used and machine-readable format.
Right to withdraw consent: We rely on your consent to process your Personal data, you have the right to withdraw that consent at any time. This will not affect the lawfulness of processing based on your prior consent.
Right to file a complaint with a supervisory authority: You have the right to file a complaint with a supervisory authority, in particular in the European Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of Personal data relating to you infringes upon your rights.
You may exercise your rights by contacting us as indicated under “Contact Us” section below.
- Transfer And Storage Of Your Information
Please note information KeHE collects about you may be transferred, processed and/or accessed by us in the United States, or another country where we, or our Service Providers operate. Please be aware Personal data may be transferred to, and maintained on, computers located outside of your state or country where privacy laws may differ from and may not be as protective as those where you live. If you are located outside the United States and choose to allow us to collect information about you, please be aware that KeHE may transfer your Personal data to the United States and process and store it there.
If you are located in the European Economic Area (“EEA”) or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information to a country or jurisdiction that does not have the same data protection laws as your jurisdiction, as disclosed in this Privacy Policy. It may also be processed by staff operating outside the EEA who work for us or for one of Service Providers, also as disclosed.
Websites Hosting: KeHE works with WordPress.com, owned by Automattic, Inc., as its web hosting services provider. WordPress.com is located in San Francisco, CA, and the Websites are stored by WordPress.com in various locations throughout the USA. KeHE shares your data, including Personal data, with our Websites hosting Service Provider for the purposes of processing your data pursuant to your use of the Services.
Third Party Links
The Websites may also contain links to other third party websites that are not under our control. These websites may have their own policies or no policies at all, regarding privacy. You should seek and review these policies before providing information to these websites. KeHE has no responsibility for linked websites and provides these links solely for the convenience and information of our visitors. KeHE also maintains a strict “no-spam” policy and fully complies with CAN-SPAM Act regulations
Safely Using KeHE’s Services
Despite KeHE’s safety and privacy controls, we cannot guarantee the Services are entirely free of illegal, offensive, pornographic, or otherwise inappropriate material, or that you will not encounter inappropriate or illegal conduct from other users when using the Services. You can help KeHE by notifying us of any unwelcome contact by contacting us using the information below.
Your California Privacy Rights
Under California Civil Code Section 1798.83 (known as the “Shine the Light” law), KeHE members and customers who are residents of California may request certain information about our disclosure of personal information during the prior calendar year to third parties for their direct marketing purposes. To make such a request, please email privacypolicy@kehe.com or write to us at the address below with “Request for California Privacy Information” on the subject line and in the body of your message. We will comply with your request within thirty (30) days or as otherwise required by the statute. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
Questions or Comments
If you have any questions or comments about the KeHE’s Privacy Policy, please contact us at:
KeHE Distributors, LLC
1245 E. Diehl Rd., Suite 200
Naperville, IL 60563
Email: privacypolicy@kehe.com
Phone: 630.343.0000 or 800.995.5343
VII. Miscellaneous
Terms of Use
This Policy is subject to, a part of, and incorporated into the Terms of Use which can be found at www.kehe.com.