PRIVACY POLICY

Updated: June 14, 2022

Your privacy is important, so we created this privacy policy (“Privacy Policy”) to help you understand how we collect, store, use, or disclose your personal information. This Privacy Policy applies both offline (for example, if we interact with you in person, over the phone, or by mail) and when we interact with you through our online services, including but not limited to our websites, chatbot, email correspondence, and any other online services that we link to this Privacy Policy (“Services”).

This website is operated by Mark Anthony Brands, Inc. (“Mark Anthony”). We operate several similar websites and this Privacy Policy applies to all websites that link to it.

What do you mean by personal information?

Personal information means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual or household. Your name, e-mail address, and IP address are all examples of data that may be considered personal information. Some information collected by “cookies” may also be considered personal information.Please see our Cookie Policy to review detailed information about our use of cookies and similar technologies.

We do not consider personal information to include information that has been de-identified so that it does not allow a third party to identify a specific individual. We may collect non-personal information related to your interaction with or use of the Services.

What personal information do you collect about me?

We collect and store personal information directly from you when you interact with us in person or via social media, or when you submit it to us online on our websites, by phone, by email, or through our chatbots, including when you place orders on or through our websites. Categories of personal information that we collect about you when you interact with us online or offline may include the following:

• Identification data, including name, address, birthday and gender;
• Contact information, including e-mail address, phone number, and mailing address;
• Age data, as we need to know if you are over the legal age so that we can sell you our products;
• Information you provide to create an account, including password and username;
• Location data, for example, you can enter your zip code to know where to find your favorite products near you;
• Membership data, such as contact preferences;
• Financial data, such as credit card numbers, billing addresses, contact details of your accounting department, and other financial information required to allow you to acquire our products;
• Order information related to products you have purchased through our websites;
• Preference data, such as the flavors that you prefer and products you have purchased;
• Information you share with us in connection with surveys, contests, or sweepstakes and promotions (including text-to-win contests) (collectively, “contests and promotions”);
• Information you submit to us directly via email or other communication methods including, but not limited to, general inquiries, media inquiries, and customer support.
• Internet activity and other electronic data, such as your IP address, device ID, and personal information collected from cookies and similar technology when you open our emails and visit our website (for more information about cookies, how we use them, and your related choices, please see our Cookie Policy;
• Information we get from our partners or affiliates to support our marketing initiatives, administer our contests and promotions, improve our website functionality and services, and monitor, manage, and measure our advertising campaigns;
• Other data, such as the conversation you may have with our chatbot – Click here to learn more about your privacy when interacting with this chatbot.

We collect information from you directly and we may also collect your personal information from other sources, such as our partners and affiliates, and through automatic collection through our websites and emails.

If you apply to a job on our website, you will be required to create an applicant account, which involves electronic credentials (e-mail and password). As part of the recruitment process, we will collect information, such as your work experience, your identification data, your resume, and any documents that you upload, including cover letters, licenses, and certifications. We also offer you the opportunity to select applicable skills, describe your work behavior, and provide information about your motivation. Our applicant tracking system (“ATS”) allows you to include links, such as links to your LinkedIn profile, in which case, we may consider and collect information from these linked sources. We may also consider other public information about your career in our quest for talents.

How do you use my personal information?

We use the above categories of personal information to support our typical business activities (including compliance with legal obligations, security, and anti-fraud purposes), and to provide services to our customers, such as to:

• Respond to your requests, for instance, if you use the “Contact Us” form on our website;
• Offer you a tailored version of the website;
• Manage and administer our website;
• Improve our products or Services;
• Notify you about changes to our legal terms or business practices;
• Get in touch with you after you submit an inquiry;
• Process your orders and deliver our products to you, where applicable. For instance, we may sell you merchandise with our logos through an e-commerce platform;
• If you join our mailing list, we will send you promotional information on our products. To unsubscribe from our mailing list, please follow the instructions provided in such email communication;
• Offer special promotions, discounts, purchase incentives, prize promotions, or other offers;
• Display advertisements related to products we think may interest you on our websites, in e-mail communications you consent to receive, on other websites that work with our advertising partners, and on social media platforms;
• Invite you to participate in surveys on your satisfaction with our products;
• Administer, maintain, and communicate with you about contests and promotions in which you have chosen to participate;
• Fulfil legal and regulatory requirements;
• If you are navigating our website, you may interact with our chatbot through Facebook Messenger, in which case, this bot will answer your questions based on the information that it collects about you. Click here to retrieve the part of this Privacy Policy that explains everything about our chatbot.
• Other purposes which we may disclose to you at the time of collection or in accordance with applicable law.

How do you protect my personal information?

We strive to implement reasonable measures to protect your personal information against unauthorized access or use. However, we cannot guarantee with 100 percent certainty that your personal information will be secure from theft, loss, alteration, misuse, or unauthorized access, nor do we make any representation as to the reasonableness, efficacy, or appropriateness of the measures we use to safeguard such information. We are not responsible for any attempt made by a third party to circumvent our privacy and security protocols. While you are responsible for maintaining your own passwords, please immediately contact consumerprivacy@markanthony.com in the event that you feel the security of your account has been compromised.

Do you share my personal information with third parties?

We may share the categories of personal information described above with service providers that we partner with to assist us in various functions, including providing technological support and performing security and anti-fraud services, providing you with our services and products (including helping us to administer contests and promotions), and providing you with communications and marketing information on our behalf.

These service providers can be classified in the following categories:

• Delivery partners, to deliver our products to the right location;
• Financial partners involved in the processing of your banking or credit card data on our website;
• Marketing partners, which we use to display advertisements and/or, with your consent, to send you promotional communications, discount, and offers;
• Promotional vendors, who help us to administer contests and promotions in which you may choose to participate, including by maintaining separate contest and promotion microsites;
• IT service providers, such as our data hosting provider;
• Other service providers that we may engage to provide services to us or on our behalf.

If you apply to a job opportunity, you will be required to create an account on a third-party ATS”. During the recruitment process, we may use this ATS to compare and rank candidates, set up screening questions, create interview notes, send you meeting requests and messages, and if you are successful, send you an offer letter. Once you accept this letter, your applicant profile will be transformed into an employee profile, and you will be subject to our Employee Privacy Policy.

We may share your personal information within the Mark Anthony family of companies for all purposes described in this Privacy Policy. This includes our parent, subsidiaries, affiliates, and business units. We may also share personal information with subsidiaries, affiliates, and business units of our parent company.

We may have to share your personal information if necessary, in our judgment to comply with laws or regulations or in response to a subpoena, warrant, or legal order, or to protect our rights or the rights of others. When we receive such requests, we do all necessary verifications to ensure that they are lawful.

We may share your personal information as part of a transaction, financing, due diligence or for other business needs. For example, if we sell or transfer our business operations or assets, we may share your personal information with the party to that transaction. In addition, in the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver, or administrative receiver may sell, license or otherwise dispose of such information in a transaction approved by the court.

We may share personal information for other reasons we may describe to you from time to time or as permitted or required by law.

Your Choices About how we use Your Personal Information.

You can opt out of receiving our marketing emails and text messages. To stop receiving our promotional emails, you can follow the instructions in any promotional message you get from us. If you receive promotional text messages from us, you may opt out by replying “STOP”. Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions.
Do Not Track
Some browsers have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block cookies, certain features on our site may not work. If you block or reject cookies, not all of the tracking described here will stop.
Third Party Links
This website may include links to third parties, including social media. If you click on these links, you are leaving our website and the collection, use and disclosure of your personal information will be subject to these third parties’ privacy practices, terms of use, and other contractual documentation listed on such websites.

What happens when I interact with your chatbot?

Some of our websites allow you to interact with us through Facebook Messenger. Once you are logged-in your Facebook messenger account, you can interact with us through a chatbot. Our chatbot works with artificial intelligence, which means it is not operated by a human. It responds to you based on previous interactions and programmed algorithms.

When you interact with the chatbot, it can collect your information, including your gender, location, the language you use, your IP address or a unique identifier from your device, as well as how you feel about our products or your interests, depending on the conversation you are having with this chatbot.

If you subscribe to promotional messages through the chatbot, you will be prompted to share your name, birthdate, and postal code. This is used to personalize the chatbot messages, such as to identify events in your area.

This chatbot, with your permission, may retain the identifying information described above in order to show you relevant content in the future. As with other interactions on Facebook, you are also subject to Facebook’s privacy policy when using Messenger. You can read it by clicking here. We have access to the information which you allow Facebook to share with us. We can delete the chat logs within Facebook at your request if you send us an e-mail at consumerprivacy@markanthony.com

Where will my personal information be stored?

When we share your personal information with our trusted partners, they may store some of your personal information in their databases in the United States, or elsewhere in the world. If you are accessing this website from jurisdictions outside the United States, please be advised that you may be transferring your personal information to us in the United States where data protection and privacy laws may be less stringent than the laws of your country.

How long do you keep my personal information?

We will retain your information for as long as needed to provide you the website’s services, for our valid business purposes, and as necessary to comply with our legal obligations, resolve disputes, defend our legal rights, and enforce our agreements.

CALIFORNIA PRIVACY NOTICE AND RIGHTS

California Shine the Light Law

If you reside in California, you have the right under California Civil Code §1798.83 to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please send us an email, or write to us at the address listed below. Indicate in your letter that you are a California resident making a “Shine the Light” inquiry.

Consumer Rights

If you reside in California, you can make the following more specific requests with respect to your personal information:

• Access – You can request that we disclose to you the categories of personal information we collected about you, the categories of sources from which we collected the personal information, the categories of personal information we sold or disclosed, our business or commercial purpose for collecting and selling the personal information, the categories of third parties with whom we shared the personal information, and the specific pieces of personal information we collected about you over the past 12 months.
• Deletion – You can request that we delete your personal information that we maintain about you, subject to certain exceptions.
• Do Not Sell My Personal Information – You can request that we not sell your personal information by clicking Do Not Sell My Personal Information. For purposes of this Privacy Policy, “sell” means the sale of your personal information to an outside party for monetary or other valuable consideration, subject to certain exceptions set forth in the CCPA.
• Right Not To Discriminate - California consumers also have the right not to receive discriminatory treatment if they exercise the California privacy rights listed above.

Requests for Deletion and to Know About Information Collected

When you make a privacy rights request under California law, we may require that you provide information and follow procedures so that we can verify the request and your jurisdiction before responding to it. The verification steps we take may differ depending on the request you make. We will match the information that you provide in your request to information we already have on file to verify your identity. If we can verify your request, we will process it. If we cannot verify your request, we may ask you for additional information to help us verify your request.

California consumers will be required to submit their first and last name and email address and may also be asked to provide their telephone number, address, or other identifying information so that we can verify the request. Please provide as much of the requested information as possible to help us verify the request. We will use the information received in a request for the purposes of responding to the request.

Authorized Agents

California law permits California consumers to use an authorized agent to make privacy rights requests. We require the authorized agent to provide us with proof of the California consumer’s written permission (for example, a power of attorney) that shows the authorized agent has the authority to submit a request for the California consumer. An authorized agent must follow the process described below to make a request. The authorized agent must also verify his/her own identity. We may confirm the agent’s authority directly with the California consumer about whom the request was made.

Exercising California Consumer Privacy Rights

California consumers may submit a privacy rights request, including a request to exercise their right to opt-out of the sale of their personal information, by:

• Using our webform which can be found here.
• Calling our toll-free phone number +1-833-431-1999.
• Email us to consumerprivacy@markanthony.com with subject "Exercising California Consumer Privacy Rights."

Notice of Financial Incentive

From time to time, we may offer discount codes or other perks such as branded items, for users that opt-in to our loyalty program. These discounts or perks are a way for us to show that we are excited that you want to be part of our program, receive email communication, and enjoy our products.

The details of each program are contained in the program offering but in general, we invite you to provide us with your name, email address, and birthdate. We will then send our periodic communications to our loyalty program members, which may include a discount code or a perk like a branded item. We may also contact you around your birthdate to offer additional discounts or perks to celebrate you.

How to Opt In. You can opt in using a prompt on our website that links to our loyalty program.

Right to Opt-Out. You can opt out of receiving marketing communications or participating in our loyalty programs at any time by clicking on the unsubscribe link contained in any email or text. You can also email us at consumerprivacy@markanthony.com.

Value of Financial Incentive. Under the CCPA, the incentives we offer in exchange for the opportunity to market to you may be considered financial incentives. The incentive may be a discount coupon that can be used when you buy products from us or a branded item. Details of the incentive will vary depending on market conditions at the time the incentive is offered, and the value of your data will also fluctuate. Retail prices for our products and branded items vary.

Nevada Privacy Rights

Nevada residents have the right to submit a verified request directing us not to sell their personal information. If you are a Nevada resident, and would like to submit such a request, please send your request to the appropriate brand team email address listed above with subject “Nevada Privacy Rights.”

Updating Your Information

To keep your personal information current and accurate, please contact us as specified below. We will take reasonable steps to update or correct personal information in our possession that you have previously submitted via this website.

COOKIE POLICY

What are Cookies?

Cookies are alphanumeric identifiers or small data text files that are sent from a server during a browsing session. A cookie is a small piece of information that is placed on your computer when you visit certain websites. When we refer to “cookies” we include other technologies with similar purposes, such as tags and identifiers. Find out more about the use of cookies on http://www.cookiecentral.com/.

Why do you use Cookies?

• To improve your experience when navigating our website;
• To remember some of your preferences, or save some of your credentials for your next visit;
• To perform analytics and understand the pages and advertisements that you like, how you ended up on our website and from what type of devices;
• To offer ad personalization to ensure that you are presented with relevant ads about our products. For instance, “t1” is a cookie that our domain installs for 3 months on your device so that we can collect information on your browsing behavior on different sites, and then tailor our advertising to you. This cookie is a first party cookie, this means that it’s our cookie – and it does not belong to a third party, like Facebook. However, some of our websites do allow third parties to install personalization cookies, which allow us to provide some relevant advertising to you on their website.
• If you subscribe to our mailing list, we can use cookies to know if you opened your e-mail and if so, from what device. If you click on an offer that we sent you by e-mail, you will be redirected to our website and we will know that you visited our website through this communication. This will help us understand which promotions work better than others for you and allow us to send you more personalized offers.

What type of Cookies do you use?

When you browse our website, different types of cookies are set on your desktop, mobile phone, or other device’s storage space. Cookies can be installed by us or can be installed by third parties.

• First Party Cookies – First party cookies are those that are issued by our website domain, and they can only be set or retrieved by us. They are used for purposes specific to us, such as to personalize the website.
• Third Party Cookies – Third party cookies are usually placed on the website via scripts or tags added to a web page. Sometimes, these scripts will also bring additional functionality to the site.

We use different categories of cookies, including:

• Strictly Necessary – These cookies are essential to enable you to navigate our website and use its features, such as accessing the Order Desk. For instance, we use a cookie titled AWSELB to distribute traffic to the website on several serves in order to optimize response times.
• Performance Cookies – Performance cookies collect information about how visitors use a website, such as the pages that visitors go most often, and whether they get an error messages from our web pages. These cookies don’t collect information that allow us to specifically identify you; it only provides aggregated information about our visitors. Most performance cookies are persistent. For example, we use a cookie called _ga which allows Google Analytics to generate aggregated statistical data on how a visitor uses our website.
• Functionality Cookies – These cookies are used to allow certain functionality. For instance, Twitter uses a cookie called lang on some of our websites, which is a session cookie, used to remember your selected language version of the website. Functionality cookies are necessary for e-commerce platform to offer you shopping carts.
• Third Party and Personalization Cookies – These cookies are used to deliver advertising more relevant to you and your interests, including by leverage social media such as Facebook. They are also used to limit the number of times you see an advertisement as well as to help measure the effectiveness of a campaign. These cookies can remember that you visited a website and share this information with third parties for ad personalization purposes.

How long do cookies stay installed on my device?

We use both session cookies and persistent cookies as described below:

• Session cookies – Those are files set temporarily on your device and deleted once you close your browser. They are not stored nor transmitted to third parties. We use this type of cookies to ensure you have a user-friendly experience. As an example, we use a cookie called JSESSIONID, which allows us to preserve users states across page requests. Most of our cookies are session cookies.
• Persistent cookies – Those remain active on your device for some time, which may vary from a few days to two years after your visit on our website. As an example, we use a cookie call _cfduid, which remains for a year on your device, and is used by our content network, Cloudfare, to identify trusted web traffic.

How can I manage my cookie preferences?

You can control certain cookies and tracking tools. To learn more about the cookies we use, see the “Cookie” Section below. If there is no link available, then follow the instructions outlined below. Keep in mind that the cookies used on our various websites will differ and you will need to set your preferences on each Mark Anthony site you visit. Your browser may also give you the ability to control cookies or other tracking tools. How you do so depends on the type of tool. Certain browsers can be set to reject browser cookies. Since flash cookies do not reside in your browser, your browser settings will not affect them. To control flash cookies, you thus need to click here.
We and third-party advertising networks, social media companies, and other services may collect information about your use of our websites and apps over time so that they or we may display interest-based advertising using information gathered about you over time across multiple websites or other platforms. To do this, we and our vendors use several tracking tools, such as browser cookies, web beacons, and other technologies. To learn more about your options related to this type of information collection and use, visit www.aboutads.info/choices and https://optout.privacyrights.info/ to opt out of certain uses of cookies for advertising purposes. We use Google Analytics to better understand how our users interact with our websites. You can learn about Google Analytics’ currently available opt-outs at https://tools.google.com/dlpage/gaoptout/.
Options you select and choices you make are browser, website and device specific. If you clear your cookies or your browser’s cache, you will need to set your preferences again.

Who may use this website?

The website is not directed to, and we do not knowingly collect personal information from, persons under the age of 21. We do not knowingly collect or store personal information from anyone under the age of 21. ANY PERSON WHO VISITS ANY PORTION OF THE WEBSITE REPRESENTS TO US THAT HE OR SHE IS 21 YEARS OF AGE OR OLDER AND MUST IMMEDIATELY LEAVE THE WEBSITE IF UNDER THE AGE OF 21.

How do we protect children’s privacy online?

Although we do not knowingly collect or store personal information from children, if we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please notify us at consumerprivacy@markanthony.com.

Updating this Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on our Service, prior to any significant changes becoming effective and update the "updated" date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

How can I reach you if I have more questions, concerns or any inquiries?

You can always reach out to us by e-mail at consumerprivacy@markanthony.com, our privacy officer will get back to you as soon as possible.