Niemann Foods, Inc. (“Niemann Foods”) uses timeclocks, or timeclock attachments, to collect, store and use an Associates’ biometric data for timekeeping and attendance purposes. Niemann Foods has instituted the following policy governing the collection, use, storage, and destruction of your biometric data.

• The biometric timeclocks are computer-based systems that scan an Associate’s finger for purposes of verifying the Associate’s identity. The computer system extracts unique data points and creates a unique mathematical representation used to verify the Associate for timekeeping and attendance


• Niemann Foods will not sell, lease, trade, or otherwise profit from an individual’s biometric data, provided, however, that Niemann Foods’ vendors and the licensor of Niemann Foods’ time and attendance software may be paid for products and services used by Niemann Foods that collect,store or use such biometric data.

• Niemann Foods will not disclose or disseminate any biometric data to anyone other than its vendors and its licensor of time and attendance software providing products and services using biometric data, unless disclosure is required by state or federal law or municipal ordinance, or pursuant to avalid warrant or subpoena by a court.

• Niemann Foods shall use a reasonable standard of care to store, transmit and protect from disclosure any biometric data collected. Such storage, transmission, and protection from disclosure shall be performed using the same, or more protective, standard of care and security controls it uses forother confidential and sensitive information.

• Any biometric data will be permanently removed from the database and records within 60 days from the date of an Associate’s termination.

• Any biometric data of an Associate on a leave of absence may be maintained in the system. If an Associate does not return to work from the leave, their biometric data will be permanently removed within 60 days. If the Associate returns at a later date, they can be re-enrolled. In all cases, Niemann Foods will ensure that biometric data is deleted and requested to be destroyed within three years of the employee’s last interaction with Niemann Foods.

• No clock will be disposed of, unless biometric data and Associate information is removed.

• An individual’s biometric data will not be collected, used, disclosed, or stored without prior written consent of the individual to use his or her biometric data for the specific purposes disclosed herein.

• An individual is free to decline to provide biometric data to the Niemann Foods, its vendors, and/or the licensor of the time and attendance software without any adverse employment action.

The Associate may revoke this consent at any time by notifying Niemann Foods in writing.

Niemann Foods, Inc., its affiliates, associates, and staff (hereinafter “NFI” or “the company”), value our customers’ patronage and desire to maintain our customers’ confidence in our business relationship. With this in mind, NFI has formulated the following principles and guidelines regarding the collection, use, and securing of personal information that our customers have provided to it, in connection with credit applications, premium card and/or Loyalty card applications, such as Max Cards, Haymakers Payback Club Cards, etc. During the relationship between NFI and its customers, NFI may have collected and used non-public personal information about its customers from public records, market research, consumer reporting agencies, medical service providers, transactions with it or its affiliates, or others. Information provided from you, our customers, on applications, claim forms, or other forms, such as forms relating to customer loyalty programs, and information obtained from its associates and agents, is included in this list of information. NFI strives to keep this information accurate, up-to-date, and confidential. If you discover this information is incomplete, inaccurate, or not current, please notify NFI immediately at the address or telephone number listed on any application that may be furnished to you by the company.

NFI’s staff and associates have limited access to customer information and access is based on job function. NFI educates its associates and employees so that they understand the importance of customer confidentiality and privacy. NFI employees and associates who disregard their privacy responsibilities are subject to discipline.

To better serve your needs, your non-public, personal information may be shared. Non-public, personal information about NFI’s customers or former customers is not shared with anyone, except as provided by law. We may only disclose information to third parties when it is necessary to conduct NFI’s business or where disclosure is specifically permitted by law. Information may be disclosed to others who assist NFI in providing business services and/or assist us in processing transactions that you have requested or initiated. Information may also be disclosed for audit purposes, to help NFI prevent fraud, to law enforcement and regulatory agencies to assist in the enforcement of the law, to consumer reporting agencies, or to those otherwise permitted by law.

When making an application for customer loyalty programs, such as Max Card and/or Haymakers Payback Club Card, NFI sets forth in connection with the application full disclosure of its Internet protocol links, identifiable information, cookies, security, and applicable law, and the fact that some information may be disclosed in connection with the operation of said customer loyalty program in that the customer does consent to disclosure of this program as a condition of participating in said program.

If you have specific questions regarding this policy or any other policy with respect to NFI’s customer loyalty programs, please direct your inquiries to the NFI Support Center at 217-221-5600.