Privacy Notice

YYour privacy is very important to Blue Diamond Growers (“we”, “our,” “us” or "Blue Diamond"). This Privacy Notice has been compiled to assist you (“you,” “your,” or “User”) to understand how we, and our affiliates and subsidiaries, collect, use and disclose your personal information.

This Privacy Notice describes our practices in connection with information that we collect through your use of the www.almondbreeze.com.au website (the “Site”), any mobile sites, applications, widgets, and other mobile interactive features associated with the Site (collectively, our “Apps”), through other services that we may offer in connection with our Site and Apps, such as contests or sweepstakes, through our official social media pages that we control (our “Social Media Pages”), as well as through email messages that we send to you (collectively, the Social Media Pages, Apps and Site, the “Sites”).

This notice does not apply to information collected or obtained by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Sites.

By accessing, browsing, or otherwise using the Sites, you acknowledge and consent to our collection and use of information as set forth in this Privacy Notice. PLEASE READ THIS PRIVACY NOTICE CAREFULLY. YOUR USE OF THE SITES CONSTITUTES YOUR CONSENT TO THIS PRIVACY NOTICE. DO NOT USE THE SITES IF YOU ARE UNWILLING OR UNABLE TO CONSENT TO THIS PRIVACY NOTICE.

This Privacy Notice applies only to your use of the Sites, and was last updated as of 18th of March, 2021. Blue Diamond may revise this Privacy Notice at any time and such revision shall be posted here and accessible via this link: almondbreeze.com.au/privacy-policy. Any revision and/or addition to this Privacy Notice shall become effective and binding on you when you continue to use the Sites on or after the effective date of such revision and/or addition.

This Privacy Notice applies only to Blue Diamond Growers Australian website and not to any other Blue Diamond websites or services.

This Privacy Notice applies only to your use of the Sites, and was last updated as of the 18th of March, 2021. Blue Diamond may revise this Privacy Notice at any time and such revision shall be posted here. Any revision and/or addition to this Privacy Notice shall become effective and binding on you when you continue to use the Sites on or after the effective date of such revision and/or addition.

This Privacy Notice applies only to Blue Diamond Growers Australian website and not to any other Blue Diamond websites or services.

The Information We Collect

Information You Choose to Provide to Blue Diamond

When using the Sites, you may choose to provide us with certain personal information, including:

• Your name and contact information to subscribe to a newsletter and/or other similar types of marketing materials;

• Your name, contact information, and other related information to inquire into Blue Diamond products, to report a problem with our Sites, or to contact customer service;

• Your name, contact information, demographics, and product preferences when you enter a contest or promotion sponsored by us;

• Your name, contact information, and other related information when you provide us with information, such as product reviews, to be published or posted on public areas of the Sites, or transmitted to other users of the Sites or to third parties (collectively, "User Contributions"). Contributions are submitted at your own risk. We cannot control the actions of other users of the Sites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons; and

• Your name, the name of your company or organization (if applicable), the nature of that company or organization (if applicable), address, city, state, e-mail address, and other contact or similar information in order to contact us and submit a message, request, or other comments or content (individually and collectively, “User Message”).

Information Collected Via Your Use of our Sites

We may collect information about you when you are using the Site in a number of different ways; for example:

• We may collect and track your IP address; and

• We may use cookies, web beacons and other tracking tools to monitor and track your access to and usage of the Sites and for the purpose of certain marketing activities using the likes of Google Analytics and other similar marketing tools.

Information We Collect Automatically

We may now or in the future use tools, including third-party analytical software, to collect automatically certain data about the computer or other device you use to reach our Sites, without any active submission of information from you, such as:

1. Device properties including, but not limited to, unique or other device identifiers;

2. Device operating system and firmware;

3. IP address (i.e., a number that is automatically assigned to your device or computer used to access the Site, and allows us to identify your device or computer) and Internet service provider;

4. Mobile phone carrier;

5. Geographical data such as country or region; and

6. Other similar data.

This information may be collected via several technologies, including cookies, web beacons, clear GIFs and other means. All of this information belongs to us, and we use it to improve effectiveness, content, layout and/or operation of our Site. You can remove certain cookies by following the directions in your Internet browser’s “help” file (see below). If you disable cookies, your ability to use areas of the Site may be limited.

How We Use Your Information

In general, we do not and will not share your personally identifiable information except as set forth in this Privacy Notice. We do not sell, transfer, and/or share your personally identifiable information with third parties for their own marketing purposes.

We use the information we collect from you when you browse our Sites in the following manner:

You can opt-out of certain use(s) of your personal information, as described below.

How We Use Automatically Collected Information

The information we collect automatically is statistical data and generally does not contain personal information. However, we may maintain it or associate it with personal information we collect in other ways or receive from third parties. We will use this automatically-collected information to improve our Sites and to deliver a better and more personalized service, including to:

• Estimate our audience size and usage patterns;

• Store information about your preferences, allowing us to customize our Sites according to your individual interests;

• Speed up your searches; and

• Recognize you when you return to our Sites.

Does this Site Use Cookies?

Yes, the Site uses “cookies” and other web tracking tools. We may store information about you using the cookies on our site. A cookie (also called web cookie, Internet cookie, browser cookie, or simply cookie) is a small piece of data sent from a website and stored on the user’s computer by the user’s web browser while the user is browsing. We use cookies to improve your site experience, to assess content usage, to distinguish you from other users of our site and to support the marketing of our services. For example, cookies help determine what kind of content we will serve to the user – a use case might be, if a user is browsing a particular set of page content themes, we might serve that theme in the form of advertising as we’ve identified them as an interested party of that theme.

We want to be completely transparent about the cookies we use and to make their control as easy as possible for you. When you first enter our Sites, you will be asked to accept or reject cookies via the Cookie Notice. If, after your initial visit to the Site, you decide to change your cookie selection, you can do so by visiting the Cookie Notice, available at by clicking the “Manage Website Cookies” button at the top of the homepage on this website.

Further, if you want to delete any cookies that are already on your computer, please refer to the file management software to locate the file or directory that stores cookies under the following file names. Other information on deleting or controlling cookies is available at www.allaboutcookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.

Who Has Access to Your Personal Information?

YOUR PERSONAL INFORMATION WILL NOT BE SOLD. Nor will Your Personal Information be licensed or disclosed to unaffiliated third-parties, except in connection with the sale, transfer, merger, consolidation or other transaction involving all or part of our company or as may be permitted under applicable law.

We may disclose your personal information to our subsidiaries and affiliates to fulfill the purpose for which you provide it, for example, to provide you with a requested communication.

In addition to the above, we may share the information collected from you, as described above, with our third party partners to enable us to analyze and use such information to provide you with our products and services, and in the manner set forth in this Privacy Notice. We may share your information with third-parties who assist Blue Diamond with its outreach and engagement communications to make you aware of certain of Blue Diamond’s products and services. We also allow our website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, to access and process your information so long as those parties agree to keep this information confidential. We do not sell your information to third parties for marketing purposes, and we restrict such third parties’ usage of your information consistent with this Privacy Notice.

In addition to the above, we may be required to disclose your information to (i) comply with laws or to respond to lawful requests and legal process (including to respond to requests from public or government authorities, including public or government authorities outside your country of residence), (ii) to investigate, prevent, or take action regarding illegal or suspected illegal activities, (iii) to protect the rights and property of Blue Diamond, and others to enforce our agreements, and this Privacy Notice and the Terms of Use, including to protect the security or integrity of the Site or our information systems, (iv) in an emergency to protect person or property, (v) as may be needed on a confidential basis to support a corporate transaction (including a merger, acquisition, divestiture, financing, or sale of assets or lines of business), or (vi) on an aggregated basis for any purpose in which your specific personal information is blinded, masked or otherwise not identifiable. We may also exchange information with third parties for fraud protection, credit risk reduction and blog or other comments or online communications made by site users.

Protection Your Information

We are committed to the protection of your personal and order information. As such, Blue Diamond follows industry standard practices to protect, secure and maintain the integrity and availability of your information. The Site and our internal networks supporting the Site are scanned regularly for malware and other viruses. We use the Secure Socket Layer (SSL) to ensure that all the information you provide is encrypted and cannot be read as the information travels over the Internet. SSL is a worldwide industry standard for such sensitive transactions.

This Site is not intended to collect, maintain, or transmit any information related to your credit card, banking information, or other related financial information.

Notwithstanding the foregoing, you acknowledge that no security safeguards or method of transmission over the Internet are completely secure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Sites. Any transmission of personal information is at your own risk. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Geographic Location of Data Storage and Processing

The Sites collect information and process and store that information in databases located in Australia. If you are visiting the Sites from a country outside Australia, you should be aware that you may transfer personally identifiable information about yourself to the Australia, and that the data protection laws of Australia may not be as comprehensive as those in your own country. By visiting the Site and submitting any personally identifiable information you consent to the transfer of such personally identifiable information to the United State and Australia.

The Length of Time that Your Information is Kept by Blue Diamond

We store your information for as long as necessary to serve the business purposes for which it was collected and in conformance with applicable data protection laws. For additional information on the retention periods for any specific type of personal information subject to this Privacy Notice, please contact [email protected].

Removal from Blue Diamond Communications

Throughout the Sites, we provide you with the opportunity to receive e-mails or mailings that, for example, introduce new products, notify you of special offers, and announce upcoming promotions. To be removed from our e-mail or mailing lists, you may

• Respond to the e-mails that we send out with your request for removal,

• Click the “unsubscribe” link (where available), or

• You may send an e-mail to [email protected].

Please be aware that there may be a delay between our receipt of your request and our being able to update our lists. Thank you for your patience in this regard. Note that you may not be able to opt-out of certain administrative emails that are important to your use of the Sites, such as information about updates to our Privacy Notice or Terms of Use or correspondence related to specific requests that you have made to us.

Third-Party Links On the Sites

Occasionally, at our discretion, we may link to third party sites or content on the Sites. We may do this for the convenience of you and other users of the Sites, but we do not have control over the operation of these third-party websites. These third-party sites have separate and independent privacy notices. We, therefore, have no responsibility or liability for the content and activities of these linked sites.

Nonetheless, we seek to protect the integrity of our Sites and welcome any feedback about these third party sites. We urge you to review the privacy notices posted on these third-party websites at the time you first visit such sites.

Data Rights

You may have the right to access and/or obtain a copy of your Personal Information, correct inaccuracies in your Personal Information, request the erasure of your Personal Information and restrict the processing of your Personal Information.

Exercising Data Rights

To exercise any data rights that may be available to you, please submit a verifiable request to Blue Diamond by either:

• Contacting us at privacy @bdgrowers.com; or

• Calling Blue Diamond, at (02) 8404 0240.

Blue Diamond cannot respond to your request or provide you with your personal information if Blue Diamond cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Do Not Track Notice

We may not recognize or respond to every type of “do not track” signal or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party websites or online services, but we give you certain choices about how we collect personally identifiable information as described in this Privacy Notice. Many Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site including certain opt-out cookies.

We encourage you to review the privacy policies of our third party advertisers and analytics service providers to learn about your choices about information they collect from you. In addition, the Network Advertising Initiative offers information about some of the Internet advertising companies we may use, including how to opt-out of interest based advertising they deliver. For all the details, including how to turn on Do Not Track, visit www.donottrack.us.

Not Intended for Children Under 13

The Site is not intended for use by persons under the age of 18 and Blue Diamond does not specifically market to children under 13. Blue Diamond does not knowingly collect information from persons under the age of 13.

We are committed to the preservation of online privacy for all of our visitors, including children. We will not knowingly collect any personal information from children under the age of 18 without the consent of that child's parent or guardian. If you are a child under the age of 18, you are not authorized to purchase our products without consent from your parent or legal guardian. If we become aware that personal information from a child under 18 has been collected without such child's parent or guardian's consent, we will use all reasonable efforts to delete such information from our database. If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with Information, we will take steps to comply with any applicable legal requirement to remove such Information. Contact us if you believe that we have mistakenly or unintentionally collected Information from a child under the age of thirteen (13).

Changes to this Privacy Notice

We reserve the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Privacy Notice, we will notify you by email or through a notice on our website homepage.

How to Make a Complaint

You can complain to us in writing about how we have handled your personal information. We will respond to the complaint within 30 days.

Contacting Us

If there are any questions regarding this Privacy Notice you may contact us using the information below:

Blue Diamond Growers

1802 C Street

Sacramento, CA 95811

USA

Attn: _________

Email: [email protected]