Privacy Policy

Effective as of: August 9, 2019

This website (“Site”) is jointly controlled by and/or maintained by Dole Food Company, Inc.  and/or one or more of its subsidiaries or affiliates (individually and collectively, "Dole," "we," "us," or "our"). By using our Site, participants ("Participant", "you," “your”) agree to be bound by each of the terms and conditions set forth below and any amendments thereto ("Terms and Conditions").

Please review these Terms and Conditions from time to time to ensure that you have read and agree with the current policy, as it may be amended without notice. The date of our Terms and Conditions is set forth at the top of the document. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on our Site. Please note that your use of certain features of our Site may be subject to additional terms and conditions. By using these features, you also agree to be bound by such additional terms and conditions.

Dole may terminate, change, suspend or discontinue any aspect of the Dole Site, including the availability of any features of the Site, at any time. Dole may also impose limits on certain features and services or restrict your access to parts or to the entire website without notice or liability. Dole may terminate the authorization, rights and license given herein.

PROPRIETARY RIGHTS

All materials on our Site, including, without limitation, names, logos, trademarks, images, text, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Site (collectively, "Content") are protected by copyrights and other intellectual property rights owned and controlled by us, by our affiliates, or by other parties that have licensed or otherwise provided their material to us. Except as specifically provided herein or elsewhere on the Site, no Content may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the prior express written permission of Dole. You may not add, delete, distort, or otherwise modify the Content. Any unauthorized attempt to modify any Content, to defeat or circumvent our security features, or to utilize our Site for any purpose other than their intended purposes is strictly prohibited.

Dole grants Participant a non-exclusive, non-assignable, non-transferable, and revocable license ("License") to use and display, for personal and noncommercial use only, one copy of any material provided on our Site specifically for the purpose of downloading by Participant ("Downloaded Material"). Participant agrees to maintain any and all copyright and other notices contained in such Downloaded Material. Participant further agrees not to alter or modify the Downloaded Material in any way. This License may not be assigned, transferred, or sublicensed by Participant to any other party and may be revoked by Dole at any time. Upon revocation, Participant agrees to delete and/or destroy and Downloadable Material obtained from the Site.

LINKED SITES

Our Site may contain links to other websites that are not controlled or maintained by Dole. You agree that we will not be responsible for the content, advertising, privacy policies, products, services, or other materials on or available from such linked websites. Use of linked websites is at your own risk. We encourage you to note when you leave our Site and to read the terms of use of such other websites. In addition, our Site may link to websites owned or operated by Dole subsidiaries or other affiliated companies ("Affiliated Sites").
Please note that the Affiliated Sites are subject to the terms of use and policies posted on those sites.
 

By using our Site, Participant accepts the following rules of conduct:

Participant will not post to or transmit through our Site any material that would violate or infringe in any way upon the rights of others, including but not limited to any threatening, harmful, defamatory, obscene or pornographic material; material that is fraudulent or contains false, deceptive, or misleading statements, claims, or representations; or any material that violates federal or local law or regulation, or would give rise to civil or criminal liability.

Participant shall not use our Site to post, upload, or otherwise make available any material protected by a proprietary right, including but not limited to copyright and/or trademark or other third party right without express written permission of the owner of such right.

Further, Participant shall not use our Site (a) in violation of any applicable law, regulation, or judicial order;
(b) in a manner that violates the terms of these Terms and Conditions, the terms of any applicable agreement with Dole, or any other Dole policy applicable through the Terms and Conditions; or (c) that interferes with or adversely affects the operation of this Site or the hardware, software, networks, systems, technology, and facilities upon and within which it operates (“Infrastructure”). Users shall cooperate with Dole in investigating and correcting any apparent breach of these Terms and Conditions.

Users shall be solely responsible for any material that they maintain, transmit, download, view, post, distribute (“Material”) or otherwise access or make available using the Site or Infrastructure.

In the event that Dole becomes aware of any such Participant Material or of any activity engaged in by Participant that may violate these Terms and Conditions and/or expose Dole to civil or criminal liability, Dole reserves the right to investigate such material, block access to such material and suspend or terminate any features of or Content on the Site without liability. Dole further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of these Terms and Conditions, including disclosing the identity of any Participant that Dole believes is responsible for such violation. Dole also reserves the right to implement technical mechanisms to prevent violations of these Terms and Conditions. Nothing in these Terms and Conditions shall limit in any way Dole’s rights and remedies at law or in equity that may otherwise be available.

SUBMISSIONS

Any notes, postings, ideas, suggestions, concepts, or other material submitted through our Site via e-mail or any means that we may create or provide in the future will become the property of Dole throughout the world and we shall be entitled (without compensation to any party) to use such material, either commercially or non-commercially, in perpetuity in any form and manner in any media, whether known or hereafter devised, and you will not have any claim against us with respect to such use. You agree that, in the event you make a submission to us: (i) it is original with you and accurate, (ii) it does not violate, and its use will not violate, the rights of any third party or any applicable law or ordinance, and (iii) you will use commercially reasonable efforts to ensure that any such submission is free from viruses, worms, trojan horses, or other items of a destructive nature. You further agree not to use our Site, the Content, or any products or services included on or available through our Site for any unlawful purpose.

Dole has no responsibility for any material or information created, stored, maintained, submitted, transmitted or made accessible on or through the Site or Infrastructure by Participants, and is not obligated to monitor or exercise any editorial control over such material.

PRIVACY

We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect regarding users of our Site is subject to our Privacy Policy, the full text of which is available by Privacy Policy.
 

We will cooperate with any law enforcement authorities and comply with any judicial order requesting or directing us to disclose the identity of anyone uploading, downloading, or posting materials, or otherwise using our Site in violation of any applicable federal, state, or local laws.

DISCLAIMER OF WARRANTIES

OUR SITE AND ALL CONTENT AND SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. YOU AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. DOLE AND ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE INTEND THAT THE CONTENT OF OUR SITE BE ACCURATE, COMPLETE, AND CURRENT, WE MAKE NO WARRANTY: (I) THAT USE OF OUR SITE OR ANY CONTENT HEREIN (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT OUR SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON OUR SITE WILL BE CORRECTED; OR (IV) THAT THE SERVERS ON WHICH OUR SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE CONTENT PROVIDED ON OUR SITE IS MEANT FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO SUBSTITUTE FOR ANY TYPE OF MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. PLEASE CONSULT YOUR PHYSICIAN OR A REGISTERED DIETITIAN IF YOU HAVE ANY QUESTIONS ABOUT YOUR DIET, MEDICAL CONDITION, OR THE INFORMATION PRESENTED HEREIN.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL DOLE, OR ITS SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS AND ADVERTISERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION ARISING FROM (I) YOUR USE OF OR INABILITY TO USE OUR SITE, OR (II) CONTENT AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR SITE.

EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability. Therefore, the above disclaimer of warranties and/or limitation of liability may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify and hold Dole, and its subsidiaries, partners, agents, affiliates, licensors and advertisers and their respective officers, directors, shareholders, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) arising from your breach of your agreements under these Terms and Conditions.
 

We make no representations that the Content on our Site is appropriate or available for use in locations outside the United States. Those who choose to access our Site from locations outside the United States do so at their own initiative and are responsible for complying with all local laws and regulations regarding online conduct and acceptable content.

MISCELLANEOUS

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California. You agree to submit to the exclusive jurisdiction of the federal, state, and local courts located within the State of California, County of Los Angeles. All of these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be modified or eliminated to the minimum extent necessary and the remaining provisions shall be enforced.
These Terms and Conditions constitute the entire agreement between the parties hereto, and supersede any other agreement, promise, or practice between the parties relating to the subject matter hereto. We reserve the right to terminate your access to and ability to use our Site (or any portion thereof), at any time (with or without notice). No waiver by either party of any right hereunder shall constitute a waiver of this or any other right.

SMS MAGIC PRIVACY POLICY

This privacy policy explains how we use any personal information voluntarily submitted via the SMS Magic application

1. Information We Collect

1.1 Information You Provide to Us

We collect information about you when you register to receive communications from Dole using the SMS Magic service. Dole collects personal information from you, from different sources mentioned below, or when you use the SMS Magic services.  We do not sell your personal information for the intents and purposes of the California Consumer Privacy Act (CCPA).

• Shared by you verbally to a Dole employee to sign up for the SMS Magic service
• Data opt-in forms on website
• Registration for any service

1.2 Personal Data Collected

The personal data we may collect for the SMS Magic application includes your name and cell phone number.

2. How We Use Your Data

The personal information that we collect is used to perform our contractual obligations, as well as to communicate with you as per your consent based on legitimate needs. We use your personal information for the following purposes:

2.1 Product Services

We use your data for standard business activities.

2.2 Dispatch Support

We use the data (which can include your communications) to notify you when products scheduled to be picked up at the port terminal are ready for dispatch. 

2.3 Security and Investigations

We may use data for security, fraud prevention and investigations. We may also use your data (including your communications) if we think it’s necessary for security purposes or to investigate possible fraud or other violations.

2.4 Communication

We will contact you through mobile phone by text messages. You may change your communication preferences at any time. Please be aware that you can opt-out of receiving service messages from us, including security and legal notices. You can reach us at [email protected]

3. How We Share Your Personal Information

We may share your information for any of these purposes with the following individuals and entities:

• Dole employees or contractors in relation to product dispatch and carrier scheduling activities.

Dole will never sell, rent, or disclose your personal information to third-party entities except as described in this Privacy Notice.

3.1 Service Providers

We use other vendors to help us provide our Services as part of our product ecosystem. They will have access to your information as reasonably necessary to perform their tasks on our behalf and are obligated not to disclose or use it for other purposes.

3.2 Legal Disclosure

It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process, or if we have a good faith belief that disclosure is reasonably necessary to:

• Investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies,
• Enforce our agreements with you,
• Investigate and defend ourselves against any third-party claims or allegations,
• Protect the security or integrity of our Service.

We will attempt to notify you about legal demands for your personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge any demand.

4. Data Retention

Dole retains personal information for as long as we have a legitimate business relationship with you, or with an organization with which you are affiliated (such as your employer). We also may retain your personal information for as long as necessary to comply with our legal or contractual obligations.

5. Your Rights as Data Subject

At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:

• Right of access – you have the right to request a copy of the information that we hold about you.
• Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
• Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
• Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
• Right of portability – you have the right to have the data we hold about you transferred to another organization.
• Right to object – you have the right to object to certain types of processing, such as direct marketing.
• Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
• Right to judicial review – in the event that Dole refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined below.

You may also contact us using the contact information below, and we will consider your request in accordance with applicable laws.

6. Your Consent

By consenting to this privacy policy, you are giving us permission to process your personal data specifically for the purposes identified. Consent is required for Dole to process personal data for the purposes stated above, but it must be explicitly given. When we ask you for sensitive personal data, we will always tell you why, and how the information will be used. You may withdraw consent at any time by contacting [email protected] to unsubscribe from any further communications.

7. Contact Us

In the event that you wish to make a complaint about how your personal data is being processed by Dole, or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and Dole’s data protection representative.

SMS Management

200 S Tryon St, Suite 600

Charlotte, NC 28202

[email protected]

CONTACT INFORMATION

If you have questions or comments about these Terms and Conditions or our privacy practices, or if you wish to review or amend any personally identifiable information you have provided, you can contact us at:

Dole Food Company, Inc. P.O. Box 5700
Thousand Oaks, California 91359-5700 Attention: Consumer Center
Phone: 1-800-356-3111
E-Mail: [email protected]