Welcome to the Mission Food Service website (the "Site"). Site shall include the Mission Food Service website, along with the websites: www.missionfoods.com and www.pasionguerrero.com. Gruma Corporation, its subsidiaries, or affiliates (here and after referred to as "Gruma"), 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 Gruma 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.
Gruma 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.
Gruma 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 Gruma, or otherwise licensed to Gruma for use on the Platform, and is protected by national and international copyright laws. The compilation of the Platform is the exclusive property of Gruma 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 Gruma.
All trademarks, logos, service marks and trade names are proprietary to Gruma, 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 Gruma.
B. Use Restrictions.
All materials posted on this Site are owned by Gruma or otherwise licensed to Gruma for use on the Site. Without the written permission of Gruma no material from this Site may be copied, reproduced, distributed, republished, downloaded, posted, displayed or transmitted in any manner, except that you may download one copy of the material for your personal use only, provided that you retain unchanged all copyright and other proprietary notices. In addition, you are hereby granted a limited, non-transferable license to use the recipes provided on this Site and to make sufficient copies to use the recipes within your food service organization as long as you include all copyright and other proprietary notices. However, no right is hereby granted to republish, download, post, display or transmit the recipes in any manner. In no event may you modify the materials or use them for any other purpose. All trademarks, service marks, and trade names are proprietary to Gruma. Modification or unauthorized use of the materials is a violation of Gruma’s copyright and other proprietary rights, and may violate laws of privacy and publicity.
Everything you download, including software, files, images or data is considered licensed to you by Gruma. Gruma retains complete title to the downloaded information and to all of the associated intellectual property rights. You are not allowed to redistribute or sell the materials.
You are prohibited from posting to or transmitting from this Site any material that is unlawful or could cause any civil or criminal liability under applicable law.
C. Information Submitted To Gruma.
Gruma is pleased to receive your comments regarding Gruma's products and its online services. Unless specifically requested in writing to do so by Gruma, 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 Gruma 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, Gruma which will be entitled to its unrestricted use without any obligation to compensate any other person, firm or entity thereof.
Gruma may, from time to time, provide links to other websites from this Platform. Gruma 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.
GRUMA 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 GRUMA 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 GRUMA'S PLATFORM; HOWEVER, THESE OTHER WEBSITES ARE NOT CONTROLLED BY GRUMA 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 GRUMA REGARDING THE INCLUSION OF LINKS TO OUTSIDE WEBSITES OR YOUR USE OF THOSE WEBSITES.
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.
From time to time on certain areas of our Platform you may be able to submit written posts and certain other materials ("User Content"). Gruma 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 Gruma) 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;
- Impersonating any person or organization, including without limitation, the personnel of Gruma, 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.
Gruma 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 Gruma without the prior review and written approval of Gruma.
Gruma will fully cooperate with any law enforcement authorities or court order requesting or directing Gruma 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 Gruma 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.
You agree to defend, indemnify, and hold harmless Gruma, 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 Gruma with respect to the subject matter hereof, and supersede all previous written or oral agreements with respect to such subject matter. No waiver by Gruma 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. Gruma shall not be liable for any nonperformance or delay in performance caused by any act or condition beyond its reasonable control.
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 Gruma determines in its sole discretion that you have failed to comply with any provision of this agreement, then, without further notice from Gruma, 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 Gruma (or its assignees). Gruma'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. Gruma 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 Gruma 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.
Gruma 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.
Gruma or trusted third-party service providers 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, recipe reviews, and when you sign-up for a newsletter, or otherwise use our website and social media platforms, or otherwise communicate with us. We collect your email address for receiving a newsletter through a trusted third-party service provider. 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 recipe reviews or 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.
- Internet and Other Electronic Network Activity Information. If you navigate through our Site and consent to their use, trusted third-party service providers may automatically collect your personal online identifiers and your internet network activity information, such as the browser you’re using, browser and search history, usage details, and other information collected through “cookies.” Those third-party service providers might look at what site you came from, or what site you visit when you leave us. They might collect your location. “Cookies” are bits of information that are placed by a website in a storage place on your computer. The third-party cookies are hosted by our social media, advertising, and analytics service providers who use this personal information (along with other information you may have provided to them) to help track usage patterns, promote and provide our products, and provide personalized advertisements. By consenting to the use of these third-party cookies, you are directing Gruma, through the third-party cookies, to disclose your personal information to the third parties that host these third-party cookies, which include Google, Facebook, Pinterest, StackAdapt, and theTradeDesk, by having them directly collect this information. We do not have access to this collected information in a non-aggregate format and we do not share this information with third parties who sell or use the information for their own purposes. For more information pertaining to these third-party cookies, please review Section II.D below.
If you apply for a job with Gruma, 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 Gruma, 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’ or their emergency contacts', dependents', or beneficiaries' personal information. We use and share our employees’ and their dependents' and beneficiaries' personal identifying information with trusted third-party 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. We may collect your biometric information, including a photograph of your face, in order to authenticate your identity and log your body temperature for security purposes and in an attempt to keep our facilities, employees, and visitors healthy and safe. We obtain this information from our employees. We do not share this information with third parties who sell or use the information for their own purposes.
If you visit one of Gruma’s facilities for business purposes, we may collect your personal identifying information, such as your name, telephone number, and company that you work for. We collect this information to track and screen visitors to our facilities. We obtain this information from visitor logs and questionnaires that you complete. We do not share this information with third parties who sell or use the information for their own purposes.
B. How We Use Your Personal Information.
Gruma 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 and verify your eligibility if one is running. We will also use your information to provide you with any service you may have requested. If you sign-up for newsletters or other notifications from Gruma, we may contact you from time to time to provide the information you have requested. For example, we may send you occasional newsletters or marketing or promotional materials if you have signed-up to receive them. 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.
We use aggregate information provided to use by trusted third-party service providers to help improve marketing and promotional efforts, to statistically analyze usage on the Site, to better understand the interests of our customers and our Site visitors, and to improve the features and content of the Platform. We also work these trusted third-party service providers to provide targeted advertisements as explained below in Section II.C.
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 connect with your emergency contact, to administer other employment-related benefits, to verify you are permitted to operate a motor vehicle, and to authenticate your identity and log your body temperature for security purposes and in an attempt to keep our facilities, employees, and visitors healthy and safe. For information collected from visitors to Gruma’s facilities for business purposes, we use the information visitors provide to us to track and screen visitors to our facilities.
Gruma uses the personal information it gathers as otherwise permitted by law.
C. Targeted Advertisements.
Gruma may work with online advertising companies to show you relevant and useful ads. This includes ads served on other companies’ sites. These ads may be served based on information collected through the use of third-party cookies on our Site, or by other third-parties directly. For example, information a third-party collects when you register for a separate site, like your zip code. This might be used to target an ad for people in your area. These ads may also be based on your activities on our websites or on other third-party sites.
D. You Can Control Cookie Usage.
If you navigate through our Site and consent to their use, trusted third-party service providers may automatically collect your personal online identifiers and your internet network activity information, such as the browser you’re using, browser and search history, usage details, and other information collected through “cookies.” Those third-party service providers might look at what site you came from, or what site you visit when you leave us. They might collect your location. “Cookies” are bits of information that are placed by a website in a storage place on your computer. The third-party cookies are hosted by our social media, advertising, and analytics service providers who use this personal information (along with other information you may have provided to them) to help track usage patterns, promote and provide our products, and provide personalized advertisements.
By consenting to the use of these third-party cookies, you are directing Gruma, through the third-party cookies, to disclose your personal information to the third parties that host these third-party cookies, which include Google, Facebook, Pinterest, StackAdapt, and theTradeDesk, by having them directly collect this information. You should review the privacy policies of Google, Facebook, Pinterest, StackAdapt, and theTradeDesk to see how they treat the personal online identifiers and your internet network activity information they are collecting, and by consenting to the use of the third-party cookies utilized on this Site, you are consenting to such uses by these third-party service providers. We do not have access to this collected information in a non-aggregate format and we do not share this information with third parties who sell or use the information for their own purposes. Gruma uses this information to improve our Site, serve you with advertising content in which we think you will be interested, and to better understand the interests of our customers and our Site visitors by observing customers’ behaviors on the Site.
You can click Accept below to consent the use of these third-party cookies.
If you don’t want cookies, your web browser likely includes an option that allows you to not accept them. Choices you make are both browser and device-specific. You can also refuse the use of the third-party cookies on the Site by not clicking Accept when prompted. If you have previously consented to the use of these third-party cookies on the Site and wish to opt-out of their use, you may delete the third-party cookies solely from this Site.
- If you are using Google Chrome, you can clear your cookies from this Site using the process explained here: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en
- If you are using Mozilla Firefox, you can clear your cookies from this Site using the process explained here: https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox#w_clear-cookies-for-any-website
- If you are using Safari, you can clear your cookies from this Site using the process explained here: https://support.apple.com/guide/safari/manage-cookies-and-website-data-sfri11471/mac
- If you are using Internet Explorer, you can clear your cookies from this Site by clicking on Tools, Internet Options, Settings under Browsing History, View Files, and then specifically deleting cookies from this Site.
E. Sharing Information.
Gruma 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 Gruma, 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 Gruma should decide to sell any assets which may include this Platform, it may transfer the information provided to Gruma by users of the Platform along with the sale of the Platform.
F. Legal Disclaimer.
Gruma 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, Gruma will provide personal information to third parties if Gruma believes, in good faith, that it is necessary to prevent a crime or an injury to Gruma or third parties. Gruma will also share personal information to respond to a court order or subpoena, or if a government agency or investigatory body requests it.
G. 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. Gruma 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.
H. Data Security.
Gruma 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.
I. Third-Party Content.
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.
K. Contact Information.
To ask questions or comment about this Policy and our privacy practices, contact us at: 1-800-600-8226 or through the Contact Us section in our Site.
This Policy was last updated on December 1, 2020.