Privacy Policy

Last Updated: January 1, 2024

Otis Spunkmeyer, and our subsidiaries and affiliates, (“Otis,” the “Company,” “we,” “us,” or “our”) respect your privacy and commit to protecting it through our compliance with the practices described in this online privacy policy (“Privacy Policy”). Please read this Privacy Policy carefully.

About This Privacy Policy

This Privacy Policy describes our practices for collecting, using, maintaining, protecting, and disclosing (“processing”) your personal information when you engage with our business, purchase products from us, and use our services (“Services”), such as when you:

• Visit a website of our that links to this Privacy Policy (“Website(s)”), including OtisSpunkmeyer.com
• Engage in a transaction with us, for example, by making a purchase
• Subscribe to or engage with our newsletters, email lists, and other electronic communications
• Interact with our social media pages
• Click on our ads posted on third party sites
• Engage with our affiliates
• Communicate with our service representatives or features (including via chat functions, email, or phone)
• Visit us at our physical locations (where we may collect personal information related to your visit, including for example, video security footage or your use of our Wi-Fi network)
• Use our Services anywhere we collect information from you and refer to this Privacy Policy

This Privacy Policy also applies to personal information we collect from third parties about you.

This Privacy Policy does not apply to websites, apps, videos (embedded or direct links), or other content (each a “Linked Site”) to which we link that are not operated by us. Linked Sites have their own personal information collection and use practices, and we are not responsible those practices. We encourage you to read each Linked Site’s privacy disclosures to understand how your personal information is processed.

Our privacy practices are subject to the applicable laws of the places in which we do business, so we have added region-specific terms that only apply to customers located in certain geographic regions, or as required by applicable laws.

What is Personal Information?

“Personal information” (sometimes called “personal data”) is a broadly defined term whose legal definition varies across jurisdictions. When used in this Privacy Policy, “personal information” includes information that is reasonably capable of identifying a particular individual (including through their device) either alone or when combined with information from other sources.

What Personal Information Do We Collect?

The personal information we collect about you depends on the nature and context of your interaction with our Company and Services. It may also depend on various choices you make about how to use the Services we offer, the functionality and features you choose or enable, your location, the devices you us to interact with our services, and applicable law.

The following describes the personal information we collect about you and the way we collect it.

Personal Information You Give to Us

We collect the following categories personal information you provide to us, such as when you make a purchase, fill in a form (for example, to create an account/profile, sign up for a benefit program or newsletter, contact us, respond to a survey, interact with us in store, participate in a promotional campaign (including contests, sweepstakes and incentive programs), apply for a job, or sign up to receive communications from us via email, text, or direct mail.

These categories of personal information include the following:

• Contact Information. For example, your first and last name, email address, phone number, physical address, job titles, and other contact information you provide.
• Other Identifiers. For example, a username, assigned user ID that can be used to identify and user or account.
• Purchase History. For example, your purchases and purchase tendencies associated with you or your account.
• Coarse Location Information. A general approximation of your location that is not based on global position system (GPS) information.
• Audio Recordings. For example, telephone recordings and audio-visual recordings.
• User Content. For example, emails and text messages, photos, videos, audio recordings, customer support communications, comments/feedback, and any other content submitted by you directly to the Company.
• Social Media Content. For example, interactions with our social media pages and content you post on them.
• Employment Candidate Information. For example, contact information, work history, education history, salary preferences, résumé and C.V. information. NOTE: Our privacy practices with respect to our workforce members and candidates may be found here.
• Other Personal Information You Provide. If you provide us personal information other than that described above, we will collect it and use it for the purposes for which you provide it or other consistent purposes.

Sensitive Personal Information. Some jurisdictions have defined certain categories of personal information as “special” or “sensitive.” We collect the following categories of sensitive personal information when you provide it to us or allow us to collect it based on your interaction with us.

• Payment processing information. For example, the form of payment, payment card number and details, bank account number, payment service provider, and other payment information you provide.

Personal Information We Derive Through Your Use of Our Services

We and our third-party partners use cookies, web beacons, clear GIF, pixels, internet tags, and other similar tracking technologies (collectively, “tracking technologies”) to gather information when you interact with our websites, mobile apps, and email communications. We use some of these tracking technologies help us optimize and maintain the security of our websites and your account. We also use them for compatible purposes like save your preferences, fixing errors, and ensuring consistent service of our websites and mobile apps.

We permit third parties to use tracking technologies on our websites and mobile apps for analytics and advertising, including to help manage and display advertisements, and to tailor advertisements to your interests. The third parties use their technology to provide advertising about products and services tailored to your interests which may appear either on our websites or on other websites.

The information we collect using these technologies includes:

• Browsing and Search History. Information about the content you view and searches you make on our Website(s).
• Website Log and Usage Data. Information related to our pages you viewed, the services and features you used or interacted with, your browser type and details about any links or communications with which you interacted.
• Advertising Metrics. Information about the advertisements you have viewed on our Website and/or Mobile App.
• Diagnostic Data. For example, crash logs, launch time, hang rate, energy use, and other information collected for measuring technical diagnostics.
• Device information. For example, device identification numbers, application identification numbers, advertising identifiers, device location information, mac address, hardware model, internet service provider, and mobile carrier.

Personal Information We Collect Through Offline Technologies

We may also collect personal information during our encounters with you offline or in-person. For example, we may collect:

• Call recordings from customer service calls (which we collected for quality assurance)
• Security or surveillance camera footage (for safety, security, loss prevention, fraud, and operational purposes)
• Device information we collect through wifi, Bluetooth, and similar technologies.

Who Provides Us with Personal Information?

We mostly collect personal information directly from you or based on your interaction with our Website. However, we also may collect personal information from third-party sources, these include:

• Advertising Networks.
• Internet Service Providers.
• Data Analytics Providers.
• Operating Systems and Platforms.
• Identify Verification Service Providers.
• Information Databases.
• Social Media Platforms.
• Business Partners.
• Government Entities.
• Our Affiliates.
• Security Providers.

What Do We Do with Your Personal Information?

We may use your personal information for a variety of reasons. Depending on how you interact with our Services, these include using personal information:

• To provide our Products and Services to you.
• To send you marketing and promotional communications, as permitted by law.
• To respond to your requests related to our Services.
• To maintain and improve the security and performance of our Services.
• To anonymize, aggregate, or de-identify your personal information (so it can no longer identify you) in furtherance of conducting research and analysis.
• To develop and improve our current and future offerings and your experience.
• To make strategic decisions concerning our business operations.
• To deliver targeted advertising and to measure its effectiveness.
• To determine the effectiveness of promotional campaigns.
• To enforce, and review compliance with, the legal terms that govern our offerings in furtherance of our legitimate interest in ensuring adherence to the relevant terms.
• To comply with our legal obligations under applicable laws.
• To protect the rights, safety, and property of the Company, our users, and third parties.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

When we process personal information about you to comply with legal requirements or to perform our obligations under a contract with you or with our customer through whom you use our offerings, failure to provide such information may prevent or delay our fulfillment of these obligations.

When and With Whom Do We Share Your Personal Information?

We may share your personal information with the following:

• Business Operations Providers. These include cloud computing service providers, internet service providers, data backup and security providers, functionality and infrastructure providers, and similar service providers.
• Our Business Affiliates. These include our parent company, subsidiaries, joint venturers, or other companies that we control or that are under common control with us, including, Aspire Bakeries LLC, La Brea Bakery, Fresh Start Bakeries and Oakrun Farms.
• Payment and Billing Providers. These include service providers who facilitate payment processing. 
• Website and Mobile App Operations Providers. These include hosting providers, performance monitoring providers, user account registration and authentication providers, testing providers, analytics providers, chat feature and user commenting providers, content optimization providers, social media sharing plugin providers, and similar providers.
• Social Media Platforms and Networks. Our Websites may have functionality (e.g., widgets, plugins, and iFrames) that permits or results in personal information being collected by or made available social media providers. For example, if you click on a Facebook, Instagram, Pinterest, or similar icon, those third-party company’s may collect and record the fact that you interacted with those buttons on our site. Their use of your personal information is no described in this policy.
• Marketing and Advertising Providers. These include advertising, direct marketing, and lead generation providers, affiliate marketing program providers, retargeting platforms, data brokers, ad networks, marketing consultants, and similar services providers.
• Legally Required Parties. We may disclose personal information in response to subpoenas, warrants, court orders, government inquiries or investigations, or to comply with relevant laws and regulations. We may also disclose information to establish, exercise, or protect the rights of our company, employees, agents, and affiliates; to defend against a legal claim; to protect the safety and security of our visitors; to detect and protect against fraud; and to take action regarding possible illegal activities or violations of our policies.
• Professional Service Providers. These include lawyers, accountants, consultants, security professionals, and other similar parties when disclosure is reasonably necessary to comply with our legal and contractual obligations, prevent or respond to fraud or abuse, defend ourselves against attacks, or protect the rights, property, and safety of us, our customers, and the public.
• Reorganization. Persons involved in the consideration, negotiation, completion of a business transaction, including the sale, merger, consolidation, acquisition, change in control, transfer of substantial assets, bankruptcy, or reorganization, and any subsequent integration.
• Authorized Disclosures: To any party when you request or authorize us to share it.

We may also gather aggregated information about individuals and disclose the results of such aggregated (but not personally identifiable) information to our partners, service providers, advertisers, and/or other third parties for marketing or promotional purposes.

How Long Do We Keep Your Personal Information?

We will retain your personal information only for so long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information; the potential risk of harm from unauthorized use or disclosure of your personal information; the purposes for which we process your personal information and whether we can achieve those purposes through other means; and the applicable legal requirements. In some circumstances, you may ask us to delete your information. Additionally, we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

How Do We Protect Your Personal Information?

We have implemented and maintain reasonable security procedures and practices, appropriate to the nature of the information, to protect your personal information from unauthorized access, destruction, use, modification, or disclosure. However, no security measure is perfect, so we cannot guarantee the security of your personal information.

Examples of our security measures include the following:

• Restricting access to personal information to those workforce members who need to know it.
• Training our workforce members about the importance of privacy and security of personal information.
• Implementing internal policies and procedures governing the collection, use, retention, and disclosure of personal information.

Do We Collect Information from Minors?

Our Services are not intended for persons under 16 years of age. We do not knowingly collect or process the personal information of individuals under the age of 16. If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us their Personal Information, please contact us at ANA.CustomerCare@aspirebakeries.com.

What Are Your Privacy Choices?

You can control the collection and use of personal information for some of our processing activities. This includes:

Adjusting Communication Preferences

Email: You may unsubscribe from promotional and other types of communications at any time by following the “unsubscribe” instructions near the bottom of the email. You may also email us at ANA.CustomerCare@aspirebakeries.com. Please note, opting out of promotional emails will not stop you from receiving all emails from the company. For example, we may still send you emails pertaining to your purchases, registrations, consumer surveys and similar transactions.

Text Messages: You may opt out of automated text notifications any time by replying “STOP,” or any alternative keyword we have shared with you.

Mail Promotions: You may ask us to unsubscribe from our mail promotions and solicitations by ANA.CustomerCare@aspirebakeries.com.

Blocking Cookies

Most web browsers automatically accept cookies by default, but you can alter how your browser responds to cookies by adjusting the settings. Information about managing cookies for popular web browsers can be found in the links below:

Safari (Desktop) and Safari Mobile (iOS).

Firefox

Chrome

Microsoft Edge

Brave

[Additionally, you may use our cookie consent preference manager to customize your cookie preferences for our Website(s).]

Blocking Google Analytics

Many websites, including ours, employ Google Analytics. To opt out of Google Analytics data collection, follow these instructions from Google.

International Transfers

Aspire Bakeries LLC is in the United States.

Aspire Bakeries B.C. ULC is in Canada and uses service providers and corporate affiliates that may be located outside of Canada, including in the United States or other countries.

If you submit personal information to Aspire Bakeries LLC or Aspire Bakeries B.C. ULC. your personal information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. By submitting your personal information to us you agree to the transfer, storage, and processing of your personal information in a country other than your country of residence including, but not necessarily limited to, the United States.

Do We Update Our Privacy Policy?

We may update this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the Policy and, in some cases, we may provide you with additional notice (such as adding a statement to our website homepage or sending you a notification). We encourage you to review the Privacy Policy whenever you access our Services or otherwise interact with us to stay informed about our information practices and the choices available to you.

How Can You Contact Us?

If you have questions or comments about this Privacy Policy or complaints and our privacy practices, please contact us at:

Telephone: 1-844-99-ASPIRE (1-814-992-7747); or
Email: ANA.CustomerCare@aspirebakeries.com

Aspire Bakeries LLC 
6701 Center Drive, Suite 850
Los Angeles, CA 90045
Chris.Woo@aspirebakeries.com

Aspire Bakeries B.C. ULC
Legal Department, Privacy
115 Sinclair Blvd
Brantford, Ontario N3S 7X6
Chris.Woo@aspirebakeries.com

Supplemental Notice to Canadian Data Subjects

Canadian laws provide specific rights to Canadians. If you are a Canadian resident, this section applies in addition to all other applicable rights and information contained in the Privacy Policy.

We are committed to openness and accountability with respect to how we handle your personal information pursuant to Canadian federal and provincial privacy laws (“Canadian Privacy Law”), including:

• The Personal Information Protection and Electronic Documents Act (PIPEDA)
• Alberta’s Personal Information Protection Act (Alberta PIPA)
• British Columbia’s Personal Information Protection Act (BC PIPA)
• Québec's Act respecting the protection of personal information in the private sector (Québec Act).

Consent. In most cases, we rely on implied consent to collect, use, or disclose your personal information. In some circumstances, including those involving sensitive personal information, we obtain express consent. Where you have provided your consent to the collection, use, and transfer of your personal information (whether orally, in writing, or electronically), you may have the legal right to withdraw your consent under certain circumstances. In addition to the methods described above with respect to your privacy choices, you may withdraw your consent by contacting us at ANA.CustomerCare@aspirebakeries.com. Please note that if you withdraw your consent, we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

Use of Your Personal Information. We will not collect, use, or disclose personal information except for the identified purposes identified above (See When and With Whom Do We Share Your Personal Information?), unless we have received additional consent or the processing is authorized without consent. Where we engage service providers who utilize the personal information we provide to them, we ensure that an agreement is place the ensure compliance with applicable Canadian Privacy Law.

Canadian Access and Challenge Rights Canadian Privacy Law provides the right to receive information about the existence, use, and disclosure of your personal information and be provided access to that information. You may also challenge the accuracy and completeness of your personal information and have it amended as appropriate. Depending on the nature of the challenged information, amendment may involve correction, deletion, or addition of information.

Exercising Your Canadian Privacy Rights. If you have an account with us, you may view and update your account information (as noted above) directly by logging into your account. To submit a request for access to information not contained within your account, or to challenge the accuracy or completeness of your personal information, you may email us using the contact information provided above. When submitting a request, we may require that you take additional steps to validate your identity or legal authority. We will begin processing your request once you have completed the verification process.

We have put procedures in place to receive and respond to inquiries about our policies and practices relating to the handling of personal information. We will provide a response to any personal information request within the timeframe required by law. If we cannot substantively respond to your request in a timely manner, we will notify you and state the reason for the delay. Under certain circumstances, we may not be able to fulfill your request, such as when doing so would interfere with our regulatory or legal obligations, where we cannot verify your identity, or if your request involves disproportionate cost or effort. However, we will respond to your request within a reasonable time, as required by law, and provide an explanation.

Additional information about how to exercise your rights under Canadian Privacy Law can be found here:

Office of the Privacy Commissioner of Canada
Website
Toll-free: 1-800-282-1376

Office of the Information and Privacy Commissioner of Alberta
Website
Toll-Free: 1-888-878-4044
Edmonton office: (780) 422-6860
Calgary office: (403) 297-2728

Office of the Information and Privacy Commissioner of British Columbia
Website
Vancouver: (604) 660-2421
Elsewhere in BC: (800) 663-7867

Commission d’accès à l’information du Québec
Website
Toll-free: 1-888-528-7741

Supplemental Notice for Residents of California

This section applies to residents of the State of California in addition to all other applicable rights and information contained in this Policy.

California law requires that we describe the personal information we collect, disclose, and sale/share based on certain defined categories. To be clear, this chart overlaps with the description of our processing practices described above. This chart below describes our practices covering the past 12 months.

We may also disclose any of the above-mentioned categories personal information to our professional services providers, government entities, and to third parties in connection with a business reorganization or sale. We will not collect a category of personal information not listed above, or use any personal information collected in any of the above categories for a business purpose not listed above, without first providing you with notice.

Your Rights Under the California Privacy Rights Act

California Residents have certain rights under the CPRA, including the following:

• Access. You have the right to know what personal information the business has collected about you. While our California Privacy Policy details the personal information we collect about all California consumers, you have the right to make a request to know and get access to information that is specific to you, should we have any.
• Deletion. You have the right to request that we delete personal information we have collected from you, subject to certain exception. For example, we will not delete any personal information required to provide our services to you or that we must maintain to comply with our legal obligations. We will notify you following submission of your request if this is the case.
• Correction. You may request that we correct inaccurate information we maintain about you, subject to some exceptions and, if necessary, independent verification.
• Opt-Out of the Sale/Sharing of Your Personal Information. If we have sold or shared personal information about you, you have the right to opt out of the sale or sharing of that personal information.
• Limitation. In some instances, you have the right to limit our use or disclosure of Sensitive Personal Information.
• Non-Discrimination. You have the right not to be discriminated against if you exercise any of the rights conferred by the CPRA. Please note that a legitimate denial of a request for information, deletion, or to opt out is not discriminatory, nor is charging a fee for excessive or repetitive consumer requests as permitted by the CPRA.

Exercising Your CPRA Rights

Submitting Access, Deletion, and Correction Requests

To make an access, deletion, correction, or limitation request, please submit using the contact information provided in the Privacy Policy.

After we receive your request, to ensure the security of the information we store and consumers’ privacy, we will verify that you are appropriately affiliated with the subject of the request, either as the consumer or as an authorized agent or guardian of the consumer. We may ask you to provide a few pieces of information to confirm your identity in our records.

You may designate an authorized agent to exercise your rights under the CCPA on your behalf. You must provide the authorized agent written permission to exercise your rights under the CPRA on your behalf and we may deny a request from an agent on your behalf if we cannot verify that they have been authorized by you to act on your behalf. Even if you use an authorized agent to exercise your rights under the CCPA on your behalf, pursuant to the CCPA we may still require that you verify your own identity directly to us. This provision does not apply if you have provided a power of attorney under the California Probate Code.

Opting Out of the Sale/Share of Your Personal Information

You have the right to opt out of the sale or sharing of your personal information by us. The following are some methods you can use to submit your opt-out requests:

Opt-Out Preference Signals: This website responds to opt-out preference signals, like the Global Privacy Control, which are a method by which consumers can opt out of the sale and sharing of their personal information without having to make an individualized request. To implement an opt-out preference signal on your device, browser, download a browser and/or browser extension or app that supports it. If you opt-out, we may provide you the option to provide additional information to help facilitate your request. For example, we may ask you to provide an offline identifier, like a name or physical address, so that we can honor your opt-out request with respect to offline sales of your personal information. In such cases, we will not use the additional personal information you provide except to process your opt-out request.

Online Requests. You may also submit a request to opt out of the sale or sharing of your personal information by:

• Submitting a Request Form; or
• Calling: 1-844-99-ASPIRE (1-814-992-7747)

Typically, we retain your personal information for the period necessary to fulfill the purposes outlined in this privacy policy, unless a longer retention period is required or permitted by law. Please note that in many situations we must retain all, or a portion, of your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, to protect against fraudulent, deceptive, or illegal activity, or for another one of our business purposes.

Notice of Financial Incentive

We offer our or provide loyalty programs, promotional programs, sweepstakes, contests, or similar incentive programs that provides certain perks, such as rewards and exclusive offers (collectively, “Promotions”). When you sign up for one of these Promotions, we typically ask you to provide your personal information. Because our Promotions involve the collection of personal information, they might be interpreted as a “financial incentive” program under California law. The value of your personal information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the applicable Promotion, less the expense related to offering those products, services, and benefits to Promotion participants. You may withdraw from participating in a Promotion at any time by contacting us using the designated method set forth in the applicable terms and/or rules.

Additional California Privacy Rights

California Civil Code Section § 1798.83 permits users of our web site that are California residents to request certain information regarding our disclosure of personal information to other parties for their direct marketing purposes. To make such a request, please send an email to ANA.CustomerCare@aspirebakeries.com with the subject “Shine the Light Request.”

Changes to Our California Privacy Policy

We reserve the right to amend this California Privacy Policy at our discretion and at any time. When we make changes to this California Privacy Policy, we will post an updated notice on our website with the effective date.

Supplemental Notice for Residents of Virginia

This section applies to residents of the Commonwealth of Virginia in addition to all other applicable rights and information contained in this Policy. Virginia residents have following rights under the Virginia Consumer Data Protection Act (VCDPA) and other applicable Virginia laws:

• To confirm whether or not we are processing your personal information.
• To access your personal information and obtain a copy of it (where the processing is carried out by automated means).
• To correct inaccuracies in your personal information.
• To delete the personal information we have collected from or about you.
• To opt out of the processing of your personal information for purposes of targeted advertising.
• To opt out of the sale of your personal information.
• To opt out of profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. We do not engage in profiling.

Exercising Your Privacy Rights

You may make a request at any time to exercise your privacy rights listed above by submitting a request form or emailing us at ANA.CustomerCare@aspirebakeries.com. We will respond to your request withing 45 days of receipt (if properly submitted). If we need more time to process and respond to your request, we will notify you of that fact along with the reason for the delay. In all cases we will complete your request within 90 days from the date of our receipt of your properly submitted request. If we decline to act regarding your request, we will inform you of our decision and the reason for it, along with instructions on how you may appeal our decision.

Targeted Advertising

We engage in targeted advertising which means we display ads to our users based on personal information obtained from their activities over time and across nonaffiliated websites and apps. This allows us to serve you more relevant ads that align with your preferences and interests. We feel this creates a more pleasurable experience for our users. However, if you decide you want to opt out of sharing your personal information for targeted advertising purposes, you can opt out here. Please note, opting out of targeted advertising does not mean that you will no longer receive ads from us—it just means that such ads will not be specifically tailored to you.

Sale of Personal Information.

Virginia residents acting within their individual capacity may opt out of the sale of their personal information. “Selling” means we exchange your personal information to third parties in exchange for money. We do not sell your personal information to third parties as defined under the VCDPA.