The United States Department of Commerce and the European Commission have agreed on a set of data protection principles and frequently asked questions (the "Safe Harbor Principles") to enable U.S. companies to satisfy the requirement under European Union law that adequate protection be given to personal information transferred from the EU to the United States. The EEA also has recognized the U.S. Safe Harbor as providing adequate data protection. Consistent with its commitment to protect personal privacy, Kellogg adheres to the Safe Harbor Principles.
For purposes of this Policy, the following definitions shall apply:
"Agent" means any third party that collects or uses personal information under the instructions of, and solely for, Kellogg or to which Kellogg discloses personal information for use on Kellogg's behalf.
"Kellogg" means Kellogg Company, its successors, subsidiaries, divisions and groups in the United States.
"Personal information" means any information or set of information that identifies or is used by or on behalf of Kellogg to identify an individual. Personal information does not include information that is encoded or anonymized, or publicly available information that has not been combined with non-public personal information.
"Sensitive personal information" means personal information that reveals race, ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that concerns health or sex life. In addition, Kellogg will treat as sensitive personal information any information received from a third party where that third party treats and identifies the information as sensitive.
The privacy principles in this Policy are based on the Safe Harbor Principles.
NOTICE: Where Kellogg collects personal information directly from individuals in the EEA, it will inform them about the purposes for which it collects and uses personal information about them and the choices and means, if any, Kellogg offers individuals for limiting the use and disclosure of their personal information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide personal information to Kellogg, or as soon as practicable thereafter, and in any event before Kellogg uses or discloses the information for a purpose other than that for which it was originally collected or discloses information to a non-agent third party.
Where Kellogg receives personal information from its subsidiaries, affiliates or other entities in the EEA, it will use and disclose such information in accordance with the notices provided by such entities and the choices made by the individuals to whom such personal information relates.
CHOICE: For personal information, Kellogg will offer individuals the opportunity to choose (opt-in) whether their personal information is (a) to be disclosed to a non-agent third party, or (b) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
For sensitive personal information, Kellogg will give individuals the opportunity to affirmatively and explicitly (opt-in) consent to the disclosure of the information to a non-agent third party or the use of the information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
Kellogg will provide individuals with reasonable mechanisms to exercise their choices.
DATA INTEGRITY: Kellogg will use personal information only in ways that are compatible with the purposes for which it was collected or subsequently authorized by the individual. Kellogg will take reasonable steps to ensure that personal information is relevant to its intended use, accurate, complete, and current. We will only collect and store personal information that is relevant to fulfill the purpose of the request and will retain such information no longer than appropriate to fulfill the purpose of the request.
TRANSFERS TO AGENTS: Kellogg will obtain assurances from its agents that they will safeguard personal information consistently with this Policy. Examples of appropriate assurances that may be provided by agents include: a contract obligating the agent to provide at least the same level of protection as is required by the relevant Safe Harbor Principles, being subject to EU Directive 95/46/EC (the EU Data Protection Directive), Safe Harbor certification by the agent, or being subject to another European Commission adequacy finding (e.g., companies located in Canada). Where Kellogg has knowledge that an agent is using or disclosing personal information in a manner contrary to this Policy, Kellogg will take reasonable steps to prevent or stop the use or disclosure.
ACCESS AND CORRECTION: Upon request, Kellogg will grant individuals reasonable access to personal information that it holds about them. In addition, Kellogg will take reasonable steps to permit individuals to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete. These requests can be made by completing our International Consumer Service form at http://www.kelloggcompany.com/contactus.aspx or by calling the Kellogg office in the country where they reside and asking for consumer services.
SECURITY: Kellogg will take reasonable precautions to protect personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.
ENFORCEMENT: Kellogg will conduct compliance audits of its relevant privacy practices to verify adherence to this Policy. Any employee that Kellogg determines intentionally violates this policy will be subject to disciplinary action up to and including termination of employment.
DISPUTE RESOLUTION: Any questions or concerns regarding the use or disclosure of personal information should be directed to the Kellogg Office of Ethics and Business Conduct at the address given below. Kellogg will investigate and attempt to resolve complaints and disputes regarding use and disclosure of personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between Kellogg and the complainant, Kellogg has agreed to participate in the dispute resolution procedures of the American Arbitration Association pursuant to the Safe Harbor Principles.
LIMITATIONS ON APPLICATION OF PRINCIPLES
Adherence by Kellogg to these Safe Harbor Principles may be limited (a) to the extent required or permitted by law or legal process, such as to respond to or investigate a legal or ethical obligation or request or pursuant to court orders, subpoenas, interrogatories or similar directive carrying the force of law; and (b) to the extent expressly permitted by an applicable law, rule or regulation.
Questions or comments regarding this Policy should be submitted to the Kellogg Office of Ethics and Business Conduct by mail as follows:
Office of Ethics and Business Conduct
One Kellogg Square
Battle Creek, MI 49016
18 February 2009