Website Terms of Use and Privacy Policy

I.Terms of Use: Welcome to the Azteca Milling website (the “Site“). Azteca Milling, L.P., its subsidiaries, or affiliates. (here and after referred to as “Azteca Milling“), provides the Site and related services subject to the following terms and conditions of use:

Please read these terms carefully before using this Site. By accessing and browsing the Site or any other Azteca Milling website (including, without limitation, social media and mobile websites) or using any mobile application on which these terms reside (collectively the ” Platform”), you agree, without limitation or qualification, to follow and be bound by the terms, conditions, policies and notices contained on this page (the “Terms“) including, but not limited to, conducting this transaction electronically, disclaimer of warranties, damage and remedy exclusions and limitations, binding arbitration, and a choice of Texas law. If you do not so agree, please abstain from using this Platform.

Azteca Milling may at anytime and from time to time revise these Terms by updating this posting. By using this Platform you are agreeing to be bound by any such revisions. You should visit this Platform periodically to determine the then current Terms.

Azteca Milling shall have the right to terminate the Platform or any products or services offered through the Platform, or any individual’s right to access or use any portion of or product or service offered through the Platform, at any time and without prior notice.

A. Ownership Rights. All content included on the Platform, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Azteca Milling, or otherwise licensed to Azteca Milling for use on the Platform, and is protected by national and international copyright laws. The compilation of the Platform is the exclusive property of Azteca Milling and is protected by national and international copyright laws. Any unauthorized use of any content or materials on the Platform is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any other usage of the materials and content on the Platform can only be done with the express prior written permission of Azteca Milling.

All trademarks, logos, service marks and trade names are proprietary to Azteca Milling, its affiliates or other respective owners that have granted the Platform the right and license to use such intellectual property. You may not copy or use any trademarks, logos, service marks or trade names, in part or in whole, found on the Platform without the express prior written permission of Azteca Milling.

B. Use Restrictions. This Platform is for your personal and non commercial use, and no material from this Platform may be copied, reproduced, distributed, republished, downloaded, posted, displayed or transmitted in any manner or for any other use without the written consent of Azteca Milling. In no event may you modify the materials or use them for any other purpose.

We grant you a limited license to make personal and non commercial use only of the Platform. Such grant does not include, without limitation: (a) any resale or commercial use of the Platform or any of the contents of the Platform; (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form of any of the contents of the Platform, including use of or directly viewing the underlying HTML or other code from the Platform except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any of the contents of the Platform in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Platform and any of the contents of the Platform; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of the Platform or to collect any information from the Platform or any other user of the Platform. For the avoidance of doubt, Azteca Milling retains complete title to the downloaded information and to all of the associated intellectual property rights.

You are prohibited from posting to or transmitting from this Platform any material that is unlawful or could cause any civil or criminal liability under applicable law.

C. Information Submitted To Azteca Milling. Azteca Milling is pleased to receive your comments regarding Azteca Milling’s products and its online services. Unless specifically requested in writing to do so by Azteca Milling, please do not send us creative materials. Any material, suggestions, ideas, notes, drawings, concepts, or other information (collectively, the ” Information“) that you do post to this Platform or otherwise transmit to Azteca Milling will thereby be treated by you as non-proprietary and non-confidential, and the Information may be disseminated by, and will be deemed to be the property of, Azteca Milling which will be entitled to its unrestricted use without any obligation to compensate any other person, firm or entity thereof.

D. Hyperlinks. Azteca Milling may, from time to time, provide links to other websites from this Platform. Azteca Milling does not endorse or approve any products or information offered at the sites that are linked through this Platform. Check the Uniform Resource Locater (“URL“) address provided in your browser to see whether you are still on this Platform or have moved to another.

E. Disclaimer of Warranties and Limitation of Liability. AZTECA MILLING USES REASONABLE EFFORTS TO ENSURE THE ACCURACY, CORRECTNESS AND RELIABILITY OF THE CONTENT, BUT WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT’S ACCURACY, CORRECTNESS OR RELIABILITY. THIS PLATFORM AND ITS CONTENT ARE PROVIDED “AS IS” AND AZTECA MILLING EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS PLATFORM IS NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR.

THERE MAY BE LINKS TO OTHER WEBSITES FROM AZTECA MILLING’S PLATFORM; HOWEVER, THESE OTHER WEBSITES ARE NOT CONTROLLED BY AZTECA MILLING AND WE ARE NOT RESPONSIBLE FOR ANY CONTENT CONTAINED ON ANY SUCH WEBSITE OR ANY LOSS SUFFERED BY YOU IN RELATION TO YOUR USE OF SUCH WEBSITES. YOU WAIVE ANY AND ALL CLAIMS AGAINST AZTECA MILLING REGARDING THE INCLUSION OF LINKS TO OUTSIDE WEBSITES OR YOUR USE OF THOSE WEBSITES.

EXCEPT AS SPECIFICALLY STATED IN THESE TERMS AND CONDITIONS OF USE, THE PRIVACY POLICY, OR ELSEWHERE ON THIS PLATFORM, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER AZTECA MILLING NOR ITS DIRECTORS, EMPLOYEES, LICENSORS, CONTENT PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES) ARISING OUT OF YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OF THIS PLATFORM OR THE CONTENT WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME FOREIGN COUNTRIES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES. THEREFORE, SOME OR ALL OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED OR SUPERSEDED BY STATE OR NATIONAL PROVISIONS.

F. Postings. From time to time on certain areas of our Platform you may be able to submit written posts and certain other materials (“User Content“). Azteca Milling is under no obligation to monitor any posting or transmission of User Content to or about the Platform and assumes no responsibility or liability arising from the content of any such posting or transmission nor for any error, defamation, libel, slander, omission, falsehood, profanity, danger, or inaccuracy contained therein or related thereto. By using the Platform’s features, you agree that you will not engage in any of the following activities on the Platform:

  • Uploading, posting or otherwise transmitting any unlawful, harassing, threatening, libelous, defamatory, harmful, tortious, obscene, scandalous, inflammatory, racist, violent, profane or otherwise objectionable or inappropriate material (as determined by Azteca Milling) or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
  • Uploading, posting, reproducing or distributing any information, software, or other materials protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
  • Collecting or storing personal data about other users;
  • Posting any User Content that contains personal information about any individual, or any other information that you are under a contractual obligation to keep private or confidential;
  • Using the Platform for any commercial purpose not expressly approved by Azteca Milling in writing;
  • Impersonating any person or organization, including without limitation, the personnel of Azteca Milling, or misrepresent an affiliation with another person or organization;
  • Uploading, posting, emailing, or otherwise transmitting any advertising or promotional materials or any other form of solicitation or unauthorized communication;
  • Uploading, posting, emailing, or otherwise transmitting any material that contains viruses, corrupted files, or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment, or otherwise adversely affect the operation of the Platform or a feature of the Platform.

Azteca Milling does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Azteca Milling without the prior review and written approval of Azteca Milling.

Azteca Milling will fully cooperate with any law enforcement authorities or court order requesting or directing Azteca Milling to disclose the identity of anyone posting any such information or materials.

By displaying, publishing, or otherwise posting any User Content on or through the Platform, you hereby grant to Azteca Milling a non-exclusive, sub-licensable, worldwide, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Platform and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

G. Indemnification. You agree to defend, indemnify, and hold harmless Azteca Milling, its affiliates, subsidiaries and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs, arising out of or relating to your breach of the Platform’s Terms or your access to or use of the Platform. The foregoing indemnification obligation shall survive termination of these Platform’s terms and conditions and the Platform and any product or service provided to you arising out of or relating to your use of the Platform.

H. Other Provisions. The Platform’s Terms constitute the entire agreement between you and Azteca Milling with respect to the subject matter hereof, and supersede all previous written or oral agreements with respect to such subject matter. No waiver by Azteca Milling of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of the Platform Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Platform Terms and shall not affect the validity and enforceability of any other provisions of the Platform Terms. Azteca Milling shall not be liable for any nonperformance or delay in performance caused by any act or condition beyond its reasonable control.

I. Termination. You may terminate this agreement at any time by destroying all material obtained from this Platform, together with all documentation related thereto and all copies thereof whether or not made pursuant to this agreement. If Azteca Milling determines in its sole discretion that you have failed to comply with any provision of this agreement, then, without further notice from Azteca Milling, the agreement will terminate immediately and you must destroy all materials obtained from this Platform, together with all documentation related thereto and all copies thereof whether or not made pursuant to this agreement. In addition, your license to use the recipes will end and continued copying of the recipes is prohibited.

J. Governing Law. This Platform is controlled and operated by Azteca Milling (or its assignees). Azteca Milling’s corporate offices are located within the state of Texas, United States of America. All claims relating to this Platform, the materials contained in it and their use will be governed by and construed in accordance with the laws of the State of Texas and of the United States of America, as appropriate. Azteca Milling makes no representation that materials in the Platform are appropriate or available for use in other locations. Those who choose to access this Platform from other locations do so on their own initiative and are responsible for compliance with local laws.

K. Binding Arbitration. You agree that any controversy or claim arising out of or relating to the Platform, use of the Platform, or these Terms shall be settled by binding arbitration administered by JAMS pursuant to its then prevailing Streamlined Arbitration Rules and Procedures in a location determined by the JAMS arbitrator (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, and that judgment on the award may be entered in any court having jurisdiction. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.

If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Azteca Milling shall be entitled to arbitrate their dispute.

IT IS AGREED BY THE PARTIES THAT NEITHER WILL PURSUE REPRESENTATIVE CLASS OR COLLECTIVE CLAIMS ON BEHALF OF OTHER PERSONS. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO HEAR OR ISSUE ANY AWARD CONCERNING THE CLAIMS OF A CLASS OR COLLECTIVE ACTION OR TO CONSOLIDATE THE CLAIMS OF MORE THAN ONE INDIVIDUAL INTO A SINGLE ARBITRATION PROCEEDING. THE ARBITRATOR HAS ONLY THE AUTHORITY TO RESOLVE THE CLAIMS OF AND AWARD RELIEF TO AN INDIVIDUAL PERSON OR ENTITY.

II. Privacy Policy. Azteca Milling respects your privacy and is committed to protecting it through our compliance with this Privacy Policy (the “Policy“). This Policy applies to the Platform. This Policy describes the types of information we may collect from you or that you may provide when you visit the Site or otherwise use our Platform, and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Azteca Milling may at anytime and from time to time revise this Policy by updating this posting. By using this Platform you are agreeing to be bound by any such revisions. You should visit this Platform periodically to determine the then current terms.

A. Types of Information Collected and How it is Collected. We collect personal information directly from you with your knowledge.

Azteca Milling may collect several types of information from and about users of our Platform, including:

  • Personal Contact Information. We collect information by which you may be personally identified, such as name, address, email address, and telephone number. We obtain this information when you provide it to us through our Contact Us page or otherwise use our website and social media platforms, or otherwise communicate with us. We do not share this information with third parties who sell or use the information for their own purposes.
  • Information you Submit or Post. We collect information you post in a public space on our websites through our Contact Us Page. We do not share this information with third parties who sell or use the information for their own purposes.
  • Personal Demographic Information. We may collect your zip code to help you find a store that sells our products. We do not share this information with third parties who sell or use the information for their own purposes.

If you apply for a job with Azteca Milling, we collect your personal identifying information, your prior education and work history, and your skills and qualifications for the position. We may ask about your salary expectations, how you learned of the position and your driving record or other information about your ability to perform the position. We may also collect the last four digits of your social security number and your immigration status. We obtain this information from our job applications, employment recruiters, and referral sources. We do not sell personal information of job applicants. We use and share this personal identifying information of job applicants with trusted service providers for the purposes of completing background checks and drug screenings.

If you accept employment with Azteca Milling, we collect your personal identifying information for purposes of communicating with you, to verify your employment status, to pay your wages, to administer other employment-related benefits, and to verify you are permitted to operate a motor vehicle. We obtain this information from our employees. We do not sell our employees’ personal information. We use and share our employees’ personal identifying information with service providers for purposes of administering the payment of wages and other employment-related benefits, including medical, dental, vision, life and disability insurance, retirement and savings programs, and other compensation plans.

B. How We Use Your Personal Information. Azteca Milling will use the information you have provided to respond to your comments, questions, and requests for information, to communicate with you, or to notify you if you win a contest or sweepstakes if one is running. We will also use your information to provide you with any service you may have requested. If you provide us your zip code for purposes of locating our products, we will help you find a store that sells our products. We will not send you information if you inform us you do not wish to receive such materials.

For information collected in the job application process, we use the information you have provided us to evaluate whether we would like to offer you employment with us and also to communicate with you. For information collected from our employees, we use the information you have provided us to communicate with you, to verify your employment status, to pay your wages, to administer other employment-related benefits, and to verify you are permitted to operate a motor vehicle.

Azteca Milling uses the personal information it gathers as otherwise permitted by law.

C. Sharing Information. Azteca Milling does not sell our Platform user’s e-mail addresses, addresses, or telephone numbers. However, unless otherwise specified, we may share your personal information within Azteca Milling, such as with our subsidiaries and affiliates. We also allow access to our database by trusted third-party service providers that provide us with services, such as technical maintenance, forum software, or statistical or marketing analysis, but only for the purpose of and to the extent necessary to provide those services. In the event that Azteca Milling should decide to sell any assets which may include this Platform, it may transfer the information provided to Azteca Milling by users of the Platform along with the sale of the Platform.

D. Legal Disclaimer. Azteca Milling reserves the right to disclose your personal information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on the Platform. For example, Azteca Milling will provide personal information to third parties if Azteca Milling believes, in good faith, that it is necessary to prevent a crime or an injury to Azteca Milling or third parties. Azteca Milling will also share personal information to respond to a court order or subpoena, or if a government agency or investigatory body requests it.

E. Not Intended For Children. Our Site and Platform are not intended for children under 13 years of age. No one under 13 may provide any personal information to or on the Platform. Azteca Milling does not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Platform. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us. Parents or legal guardians can learn more about how to protect children’s privacy on-line here:https://www.consumer.ftc.gov/topics/protecting-kids-online .

F. Data Security. Azteca Milling uses standard security measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. We keep personal information as long as it is necessary or relevant for the practices described in this Policy. We also keep information as otherwise required by law.

The safety and security of your information also depends on you. The Internet is not 100% secure. We cannot promise that your use of our Platform will be completely safe. We encourage you to use caution when using the Internet. This includes not sharing your passwords.

G. Third-Party Content. Some content or applications, including advertisements, on the Site and Platform could be served by third-parties, including social media, advertising, analytics, ad networks and servers, content, and application service providers. If you click on a link to a third-party site, you will be taken to websites or pages we do not control. This includes social media sites. This Policy does not apply to the privacy practices of third party websites. Read the privacy policy of other websites carefully. We are not responsible for third party policies or practices.

H. Changes to Our Privacy Policy. It is our policy to post any changes we make to Policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date this Policy was last revised is identified at the bottom of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Policy to check for any changes.

I. Contact Information. To ask questions or comment about this Policy and our privacy practices, contact us at: 1-888-462-7322 or through the Contact Us section in our Site.

III. Privacy Policy for California Residents. This Privacy Policy is intended to comply with the California Consumer Privacy Act (CCPA), California Online Privacy Protection Act (CalOPPA), California Notice Data Security Act and other applicable privacy laws. Consumers with disabilities may access this policy in an alternative format by calling 1-888-462-7322.

For purposes of this Privacy Policy for California Residents, “Personal Information” means anything that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular California consumer or household. Azteca Milling does not and will not sell Personal Information.

A. Notice of Categories of Personal Information We Collect and How We Use It. Please see Section II.A above. Azteca Milling does not and will not sell Personal Information.

B. Right to Know About Personal Information Collected, Disclosed or Sold. You have the right to know about the Personal Information we collected disclosed and/or sold about you during the prior 12 months. Consumers with disabilities may access this policy in an alternative format by calling 1-888-462-7322.

Specifically, you have a right to know:

  • The specific pieces of personal information we have collected about you and your household, and
  • The categories of personal information we have collected about you, and your household including the categories of sources from which your Personal Information was collected, business or commercial purposes for which your Personal Information was collected, the categories of third parties to whom we sold or disclosed the categories of Personal Information for a business purpose, and the business or commercial purpose for selling or disclosing your personal information to a third party.

The categories of Personal Information that we collected and disclosed in the past 12 months are discussed above in A. Notice of Personal Information We Collect and How We Use It.

Excluding Personal Information for our employees and job applicants (which has been disclosed to trusted third-party service providers as described above in Section II.A), we have not disclosed or sold any Personal Information to third parties for a business or commercial purpose in the past 12 months. In the past 12 months, Azteca previously used third-party cookies from trusted third-party services providers, which themselves collected personal online identifiers and internet network activity information. Azteca, however, did and does not have access to this information. Azteca Milling does not sell the Personal Information of minors under 16 year of age without affirmative authorization.

You can obtain the Personal Information we collect and disclose by submitting a verifiable written request to us by clicking here and completing the webform request or by calling us at our toll-free telephone number: 1-888-462-7322. To ensure that the request is coming from you and to protect the security of your Personal Information, we require that you provide us with 2 out of the following 3 data points to verify your identity if you are requesting access to the categories of Personal Information we collect: (1) email address, (2) telephone number, and (3) mailing address. We may also ask that you verify your identity by responding to the email address we have on file. If you are requesting to obtain specific pieces of Personal Information, you must provide us with all three of data points described plus a signed declaration under penalty of perjury from you that you are the consumer whose Personal Information is subject to the request. We may also ask that you verify your identity by responding to the email address we have on file. If you are requesting to obtain specific pieces of Personal Information regarding your household, each member of your household must provide the verification information above in order for us to verify their identities.

If you use an authorized agent to exercise your right to know about your Personal Information, we will verify the identity or your authorized agent by requiring your authorized agent to provide us with either (1) your power of attorney authorizing the authorized agent to act on your behalf or (2) your written authorization permitting the authorized agent to request access to your Personal Information on your behalf together with the identity verification information for you described above depending upon whether the authorized agent is requesting the categories of Personal Information about you or specific pieces of Personal Information about you.

Within 10 days of receiving your request to know, we will confirm receipt of your request and provide information about how we will process your request, including a description of our process to verify your identity and when you should expect our response. Generally, we will respond to your request within 45 days and provide you the requested Personal Information by mail or a readily usable electronic format. Under certain circumstances, we may take up to 90 days to respond to your request. In these circumstances, we will provide you with notice and an explanation of the reason we will take more than 45 days to respond to your request.

If you are requesting to obtain specific pieces of your Personal Information and we are unable to verify your identity, we will deny your request and inform you that we cannot verify your identify and explain why we have no reasonable method with which we can identify you. However, we will treat your request as a request to obtain the categories of Personal Information we collect, disclose and/or sell as described below.

If you are requesting to obtain the categories of Personal Information we collect, disclose or sell, and we are unable to verify your identity, we will deny your request, inform you that we cannot verify your identify, and direct you to our Privacy Policy which describes our general business practices regarding the collection, maintenance and sale of Personal Information. We will also explain why we have no reasonable method with which we can identify you.

By law, we can deny your request to know specific pieces of your Personal Information, in whole or in part, if it conflicts with federal or state law. If we deny your request for these reasons, we will notify you that your request has been denied and explain the reasons for the denial. If your request in denied only in part, we will disclose the reminder of the Personal Information you requested.

By law, we cannot provide you with specific pieces of your Personal Information if the disclosure creates a substantial, articulable, and unreasonable risk to the security of your Personal Information. Additionally, we are prohibited by law from disclosing to you your Social Security number, driver’s license number or other government-issued identification number, financial account information, any health insurance or medical identification number, an account password, or security questions and answers.

The rights identified in this section do not apply to Personal Information collected from California residents through the employment or job application process or through a business-to-business relationship.

C. Notice of Your Right to Request Deletion of Your Personal Information. You have the right to request us to delete the Personal Information that we have collected or maintained about you and your household. You can request us to delete your Personal Information by submitting a verifiable written request to us by clicking here and completing the webform request or by calling us at our toll-free telephone number: 1-888-462-7322. To ensure that the request is coming from you and to protect the security of your Personal Information, we require that you provide us with the following data points to verify your identity if you are requesting to delete the Personal Information that we have collected or maintained: (1) email address (2) telephone number, and (3) mailing address. We may also ask that you verify your identity by responding to the email address we have on file.

If you use an authorized agent to exercise your right to delete your Personal Information, we will verify the identity or your authorized agent by requiring your authorized agent to provide us with either (1) your power of attorney authorizing the authorized agent to act on your behalf or (2) your written authorization permitting the authorized agent to request access to your Personal Information on your behalf together with the identity verification information for you described above depending upon whether the authorized agent is requesting the categories of Personal Information about you or specific pieces of Personal Information about you.

Within 10 days of receiving your request to delete, we will confirm receipt of your request and provide information about how we will process your request, including a description of our process to verify your identity and when you should expect our response. Generally, we will respond to your request within 45 days. Under certain circumstances, we may take up to 90 days to respond to your request. In these circumstances, we will provide you with notice and an explanation of the reason we will take more than 45 days to respond to your request.

If we are able to verify your identity, we will delete your Personal Information by one of the following deletion methods and will notify you of the deletion method used:

  • Permanently and completely erasing the Personal Information on our existing systems except our archived or back-up systems;
  • De-identifying the Personal Information; or
  • Aggregating the Personal Information.

We may offer you the option to delete a select portion of the Personal Information you requested to be deleted in addition to the option to delete all of the Personal Information you requested to be deleted.

Prior to deleting your Personal Information, we will send you an email or call you to confirm that you want your Personal Information deleted.

If your Personal Information is stored on or archived or back-up systems, we will delete the Personal Information as described above when our archived or back-up system in next accessed or used.

We will also direct our service providers to whom we have provided your Personal Information to delete your Personal Information.

If we are unable to verify your identity, we will deny your request and inform you that we cannot verify your identify.

 

By law, we may also deny your request to delete if retention of your Personal Information is necessary to:

  • Complete our transaction with you, perform a contract with you or if your Personal Information is reasonably anticipated within the contest of our ongoing business relationship with you;
  • Detect security incidents, protect against malicious, deceptive, or illegal activity or prosecute those responsible for this activity;
  • Debug to identify and repair errors that impair existing intended functionality of our systems;
  • Exercise free speech rights;
  • Comply with the California Electronic Communications Privacy Act;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest;
  • Enable solely internal uses that are reasonably aligned with your expectations;
  • Comply with a legal obligation; or
  • Otherwise use your Personal Information internally in a lawful manner that is compatible with the context in which you provided the information.

If we deny your request to delete, we will:

  • Inform you that we have denied your request and describe the basis for the denial including any legal exception permitting denial;
  • Delete any Personal Information that is not subject to the legal exception above; and
  • Refrain from using the Personal Information retained for any other purpose than provided for by that exception.

In responding to your request to delete, we will maintain a record of your request for the legally required period of 24 months.

The rights identified in this section do not apply to Personal Information collected from California residents through the employment or job application process or through a business-to-business relationship.

D. Privacy Policy Regarding Children. We do not collect, use or sell Personal Information of children age 16 or under.

E. Right to Nondiscrimination. You have the right to receive our products and services on equal terms regardless of whether or not you exercise your rights under the CCPA.

F. Privacy Rights under the California Online Privacy Protection Act (CalOPPA). Individual California residents may request information about our disclosures of certain categories of Personal Information to our affiliates or third parties for their direct marketing purposes. We will provide a list of the categories of Personal Information disclosed to third parties or our affiliates for their direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties or affiliates. This request may be made no more than once per calendar year. Individual California Users must submit their requests to us either by writing as at: Azteca Milling, L.P., 5601 Executive Drive, Suite 800, Irving, Texas 75038, Attn: Legal Department We reserve our right not to respond to requests submitted other than to the email or mailing addresses specified in this section.

G. Further Information About Our California Privacy Policy. If you have questions or concerns regarding this Privacy Policy, please contact us at: 1-888-462-7322 or through the Contact Section in our Site.

This Policy and Privacy Policy for California Residents were last updated on December 13, 2019.