Last revised: April 2020
- Information we collect
- How we use your information
- How we share your information
- User-generated content
- Access and choices
- Sweepstakes and contests
- Security of your information
- Children’s privacy
- California privacy rights
- Nevada privacy rights
- Links to third-party website
- Information for users outside the United States
- Contact us
1) INFORMATION WE COLLECT
A. Information You Provide to Us
We may obtain information that you provide directly to us on the Site, for example when you register on the Site, make an online purchase on the Site, request information from us, contact customer support, or otherwise communicate with us. This information may include personal information, which is information that can be used to identify you individually, such as your name, home address, work address, billing address, shipping address, zip code or city, email address, telephone number, payment information, date of birth, and user-generated content including product reviews or profile pictures.
If you are providing us personal information on behalf of a wholesaler, such as to register for a wholesaler Site account, you may provide us your company affiliation, business website, and business Tax ID. Acting on behalf of a wholesaler or nonprofit, you may also apply to receive an event donation from us by submitting an application, which may include your or another person’s contact name, contact email, contact phone number, website, address, shipping name, shipping phone number, shipping email, shipping address, Facebook URL, Twitter URL, Instagram URL, and any information contained in your organization’s 501c3.
Our Site may include a send-to-a-friend feature that makes it easy for you to forward information or materials from our Site to friends or family by email. In order to address your email message, the feature may ask you to input the recipient’s email address and/or similar information (including your email address). If you use send-to-friend features on the Site you represent that you have the permission of your friend, family, or other recipient to provide us their personal information.
B. Information We Collect Through Cookies and Similar Technologies
In addition to information you submit through the Site, we may collect certain information using automated tools, such as cookies. “Cookies” are small data files stored by your web browser on your device. Cookies may allow a website to recognize a user’s device, record user preferences, track the pages a user clicks on while visiting the website, and identify the website visited immediately beforehand. The types of information we collect automatically when you visit the Site may include IP addresses, device identifiers, browser characteristics, operating system details, language preferences, referring URLs, length of visits, anonymous traffic data, and pages viewed.
We may use location-identifying technologies such as GPS (global positioning systems) software, geo-filtering, and other location-aware technologies to locate you (sometimes precisely), or make assumptions about your location, for purposes such as verifying your location and delivering or restricting content, including third party ads, based on your location. If you have enabled GPS or use other location-based features on the Site, your device location may be tracked by us and third parties.
We may use third-party technology, such as Facebook, to collect and use data in connection with interest-based advertising. These third-party ad technology companies and advertisers may use, store, or access cookies, web beacons, and other storage technologies to collect or receive information from the Site and elsewhere on the Internet and use that information to provide advertising services to us, including interest-based advertising or advertisements targeted to your interests.
We may use certain third-party web analytics services, such as Google Analytics and Facebook, to help us understand and analyze how visitors use the Site and serve ads on our behalf across the Internet. We’ve implemented Google Analytics Advertising features such as Remarketing with Google Analytics, Google Analytics Demographics and Interest Reports, Google Ads Remarketing, Google Ads Similar Audiences, and Google Signals. We and third-party vendors may use first-party cookies or other first-party identifiers and third-party cookies or other third-party identifiers to provide information to service providers that help us operate and manage our Site, advertise, market or promote our products, process orders, and fulfill and deliver products that you purchase from us. As an advertising publisher, we may use tags in connection with the Nielsen Digital Ad Ratings Service for Google Ad Manager. Using cookies and pixel tags (also known as web beacons), these third-party analytics services collect information about your visits to the Site and other websites in order to deliver advertisements that may be of particular interest to you.
We may combine certain automatically-collected information with other information we obtain about you, which may include data we obtain from third parties.
We or third parties may collect personal information about your online activities over time and across different websites when you use the Site.
C. Information Collected Through Third Parties or Other Sources
We may obtain personal information about you from third parties or other sources such as our third-party service providers, public databases, other brands and groups within Functional Food LLC, affiliates or partners, our parent company or subsidiaries, or data aggregators and commercially available sources. For example, if you process a payment through our Site, you may choose to do so through a third-party service provider (e.g., PayPal). You may also apply to Company job openings through the Site, which is facilitated and managed by our third-party service provider that may share with us information contained in your job application such as your educational and employment history, resume, cover letter, LinkedIn profile, and website. Alternatively, these third parties may provide us your gender and demographic information in an anonymous/de-identified, aggregated data set to demonstrate the makeup of their audience and/or user base. For example, an advertising partner may let us know what percentage of people who click on an DINO BARS ad are female.
The Site may include features that are designed to permit interactions that you initiate between the Site and third-party websites or services, including third-party social networks (collectively, “Social Features”). For example, you may be able to “like” or “share” our content (e.g., through Facebook or Twitter), tag us in photos or public posts, or watch an embedded video from a hosted party (e.g., YouTube). In addition, when you register for a Site account, you may have an option to use your Google, Amazon, or other account provided by a third-party website or application to facilitate the registration, log-in, or transaction process on the Site, or otherwise link accounts.
When you interact with Social Features, both we and the third-party services that operate those Social Features may have access to certain information about you and your use of both our Site and theirs, such as your profile picture. Personal information we receive from third parties or other sources may be subject to third-party privacy policies and terms. We are not responsible for these policies and terms.
- HOW WE USE YOUR INFORMATION
We may collect your personal information in order to: personalize your online experience and improve the Site; monitor and analyze trends, usage, and activities of visitors and users of the Site; provide products that you purchase using the Site; register and service your online account; provide information that you request from us; contact you about your orders; process credit card and debit card transactions; ship products to you; send you promotional materials or advertisements about our products, as well as new features and offerings; administer surveys, sweepstakes, promotions, and contests; to comply with applicable laws, regulations, or legal process as well as industry standards and our company policies; prevent, investigate, identify, or take any other action with regard to any suspected or actual fraudulent or illegal activity or any activity that violates our policies; or for any other purposes, with your consent.
In some cases, we may use your information to offer you some form of referral award for encouraging an action on the part of a recipient (for example, you can earn a reward if the recipient you send a referral to chooses to register for one of our offerings after receiving the email from you). Such offers are subject to their additional terms and policies.
- HOW WE SHARE YOUR INFORMATION
We may share your information, including your personal information, with third parties as described below.
A. Affiliated Entities
We may share information we collect about you with our subsidiaries and affiliates worldwide.
B. Strategic Partners
From time to time, we may enter into a special relationship with another company that is not owned by or affiliated with Company to provide additional features on the Site. These special relationships may include business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). Any information, including personal information that you provide on one of these co-branded pages, may be shared with these third-party partners. By participating in activities or providing your information on these co-branded pages, you also consent to our providing your information to those third parties. Separate third-party privacy policies may apply to these uses of your personal information.
C. Service Providers
We may provide your personal information to third-party service providers that help us operate and manage our Site, process job applications, advertise, market, or promote our products, process orders, and fulfill and deliver products that you purchase from us. These service providers may have access to your personal information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide our services. For instance, if you participate in a sweepstake, game, or loyalty program resulting in a prize or award, we will share your information with our games and merchandise fulfillment and management agencies. For advertising purposes, we may share with third-party service providers your information, including your personal information (such as your email address) and information we collect automatically (as described in Section 1.B).
- Transfer in the Event of Sale or Change of Control
We may share your personal information with other entities outside Company in the event we sell or transfer all or a portion of our business assets (e.g., further to a merger, reorganization, liquidation, or any other business transaction), including negotiations of such transactions.
- Other Lawful Purposes
We may also share your personal information with third party companies, organizations, or individuals outside of Company:
as permitted by law;
where we determine that disclosure of your information is necessary to comply with the request of a law enforcement agency or other legal process;
detect, prevent, or otherwise address fraud, security, or technical issues
and protect against harm to the rights, property, or safety of Company, our users, customers, or the public as required or permitted by law.
- USER-GENERATED CONTENT
The Site may enable users to submit their own content for product reviews and other functions (“User-Generated Content”). We or others may store, display, reproduce, publish, distribute, or otherwise use User-Generated Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User-Generated Content and may have the ability to share it with third parties. If you choose to submit User-Generated Content to any public area of the Site, your User-Generated Content will be considered “public” and will be accessible by anyone. Please note that we do not control who will have access to the information that you choose to make available to others and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Site or what others do with information you share with them on the Site. We are not responsible for the accuracy, use, or misuse of any User-Generated Content that you disclose or receive from third parties through the Site.
- ACCESS AND CHOICES
A. Accessing and Updating Your Personal Information
You can access and update certain information we have relating to your online account by signing into your account and going to the “My Account” section of our Site. If you have questions about personal information we have about you or need to update your information, you can call us at (843) 564-7180, email us at email@example.com, write to us at Functional Food LLC, Attn: Customer Service, 449 A2 Fleming Rd, Charleston, SC 29412, or you can Contact Us. To opt-out of receiving marketing and promotional emails from Company you can Contact Us, call us at (843) 564-7180, or use the opt-out or unsubscribe feature contained in the emails.
B. Closing Your Online Account
You can close your online account by calling us at (843) 564-7180, emailing us at firstname.lastname@example.org or writing to us at DINO BARS, Attn: Customer Service, 449 A2 Fleming Rd, Charleston, SC 29412.
C. Analytics and Advertising
Your web browser may have settings that allow you to transmit a “Do Not Track” signal when you visit various websites or use online services. Like many websites, the Site is not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, visit http://www.allaboutdnt.com/.
For more information on how Google Analytics use the data collected through the Site, visit:
To opt out of Google Analytics cookies (provided by Google), visit: http://www.google.com/settings/ads and https://tools.google.com/dlpage/gaoptout/.
You may opt out of Facebook Custom Audience and by logging into your account and changing your privacy or advertising settings as per Facebook’s opt-out instructions. To opt out of Outbrain Pixel, visit: https://www.outbrain.com/legal/privacy. We are not responsible for the opt out process of third parties.
To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative.
- SWEEPSTAKES AND CONTESTS
- SECURITY OF YOUR INFORMATION
We use industry standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that emails and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
- CHILDREN’S PRIVACY
The Site is not intended for, nor targeted to, children under 13, and we do not knowingly request or collect personal information from any person under 13 years of age through the Site. If we learn that we have received information directly from a child who is under the age of 13, we will delete the information in accordance with applicable law.
- CALIFORNIA PRIVACY RIGHTS
A. California’s “Shine the Light” Law
California law permits customers in California to request certain details about how their personal information is shared with third parties and, in some cases, affiliates, if the personal information is shared for those third parties’ and affiliates’ own direct marketing purposes. We do not share personal information with third parties or affiliates for those third parties’ or affiliates’ own direct marketing purposes. Californians may request information about our compliance with this law by contacting us at email@example.com or by postal mail sent to: Functional Food LLC, Attn: Customer Service, 449 A2 Fleming Rd, Charleston, SC 29412.
To make a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident, and provide your current California address to which we will send our response. Your inquiry must specify “California Privacy Rights Request” in the subject line of the email or the first line of the letter, and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year.
B. Removal of Content Posted by Minors
California residents under the age of 18 who have registered to use the Site, and who have posted content or information on the Site, can request that such information be removed from the Site by contacting us at firstname.lastname@example.org or by sending a letter to Functional Food LLC, Attn: Customer Service, 449 A2 Fleming Rd, Charleston, SC 29412, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. However, this removal process cannot ensure complete or comprehensive deletion from the Internet. For instance, third parties may have republished the post and/or archived copies of it may be stored by search engines or other parties that we do not control.
- Nevada Privacy Rights
- LINKS TO THIRD-PARTY WEBSITES
- INFORMATION FOR USERS OUTSIDE THE UNITED STATES
- CONTACT US
Functional Food LLC
Attn: General Counsel
449 A2 Fleming Rd
Charleston, SC 29412