Effective Date: January 30, 2023

INTRODUCTION

At FoodState, Inc. (“FoodState”), “us”, "we" or "our") we understand that privacy is important to our consumers, business contacts, job applicants, employees, and contract workers. This Privacy Policy (“Policy”) applies to our consumers, business contacts, job applicants, and former employees ("you" or "your"). We have a separate privacy policy relating to our employees and therefore, this Policy is not applicable to our employees. The Policy provides you with information about the types of personal information we collect, how we collect and use such personal information and to whom and under what circumstances we disclose it. 

The products and services offered via this web site (the “Site”) are intended for purchase only by consumers who reside in the United States.  The United States has data protection laws that may not be consistent with those of other countries.  Information collected about you in connection with your visit to this Site or otherwise will be collected and processed in accordance with United States law.  Your use of this this Site is subject to our TERMS of USE.

If you do not agree with the practices we have described in this Policy, please do not share your personal information with us. By sharing your personal information with us, by reaching out to us by email or postal mail, or by accessing or using our Site, you agree to our use of your information as described in this Policy.

CHANGES TO OUR PRIVACY POLICY

This Policy can be found on www.megafood.com, and the date of last revision of this Policy, will appear there.  When we make material changes to this Policy, we will notify you by posting an updated Policy on www.megafood.com and listing the effective date of such updates. This Policy creates no additional privacy rights or expectation of privacy except for those provided by law.  Data privacy, monitoring, and processing requirements may vary from jurisdiction to jurisdiction in the United States and our practices may vary in accordance therewith.

OUR INFORMATION COLLECTION PRACTICES

We collect information about you in many ways from many places. We may collect information from you through this Site, phone, mail, email, fax, or mobile application interactions you have with us or our service providers or business partners. The information collected may vary depending upon what specific products or services you are requesting or obtaining from us or what your relationship with us is.

Some of the information we collect may include information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your device (“Personal Information”).

Personal Information does not include (and therefore is not covered by this Privacy Policy): (i) publicly available information or lawfully obtained, truthful Information that is a matter of public concern; or (ii) de-identified or aggregated consumer information.

TYPES OF PERSONAL INFORMATION COLLECTED

The types of information we may collect will vary depending on your relationship with us.  You can find details on what is collected in the Categories of Personal Information Collected section. The information may include your name, address, phone number, email address, ZIP code, photos, videos, social media usernames, driver’s license number, state identification card number, social security number, bank account number, credit card or debit card number, other payment information, demographic information, information about your interests, activities, and preferences, information about your fitness condition and physical characteristics, the content you post to the interactive areas of our Site or social media sites, transaction information, such as products purchased, purchase price, and the date and location of the transaction, location of your device and other IP demographics (such as language), type of browser you use, hardware model, operating system and app version, mobile network information, IP address, unique device identifiers, domain service, access times, pages viewed, items placed in your cart, links clicked, browsing behavior, and the webpage you visited before navigating to our Site, and any other information you choose to provide. If you email us or call our customer care group, or in other circumstances, including if you are a job applicant, we may collect additional information from you, such as medical, health and disability information, dietary requirements, and emergency contact information. 

In some cases, we may also collect information you provide about others, such as when you provide emergency contact information, or decide to purchase and ship products to someone. We will use this information to fulfill your requests and will not send communications to your contacts unrelated to your requests unless they separately engage with us or consent to receive communications from us.

PURPOSES OF COLLECTION

We and our service providers collect, process, and disclose your Personal Information for the following business purposes:

Consumers & Business Contacts

  • To provide you access to the Site, including to service your account and membership, and maintain the security of both.
  • To provide you products and services, including providing information, content, products, or services, and fulfilling your requests or purchases, such as order fulfillment.
  • To personal your experiences with us, including to remember your interests and preferences, personalize our Site and the content, products, and services we make available to you through the Site, facilitate interactions with us, track and categorize your activity and interests on the Site, including identifying and linking the different devices you use, and to enrich your experience on the Site.
  • To provide information, including information about the Site or required notices.
  • For analytics, including understanding how you use our Site, products, and services.
  • To improve and develop, such as improving and further developing our products, services, and our Site content, features, performance, and support.
  • To provide customer support.
  • To manage your account with us, including setting up, registering, and maintaining your account with us.
  • To communicate with you, including when you place an order; to obtain information about you; to respond to your inquiries, concerns, and requests; contacting you about your transactions or account; to communicate a contest, sweepstake or survey; to provide updates on any orders; to let you know an item is back in stock; or to provide other legal or service-related notices about our Site.
  • For marketing and advertising, such as delivering marketing communications, promotional materials, or advertisements about the MegaFood® brand, other MegaFood brands, the brands of our affiliates, or third-party products or services that may be of interest to you, including to display targeted ads to you elsewhere online (see your options related to marketing and advertising in the Your Rights section below).
  • For business purposes, including to operate and improve our business and business activities; to administer the Site; for research; to maintain our programs, accounts, and records; to understand your satisfaction with our products and services including the Site; to authenticate the information you provide us; to protect the security and integrity of our Site and information technology infrastructure; to identify, engage, and communicate with service providers, scientific experts, and third parties to provide various products and services to us; to identify and engage speakers and invitees to conferences and other scientific and educational programs we host or sponsor; to determine your potential involvement in future activities with FoodState and contact you in relation to these activities; to manage our relationships with you and our Service Providers and with Third Parties with whom we interact, including ensuring compliance with contractual obligations, performing auditing activities, and managing billing and invoicing; to meet our contractual obligations to you, if applicable, including payment obligations; to process contracts and other written agreements into which we may enter with you; to detect, prevent and respond to fraud, misuse of our services, intellectual property infringement, violations of our Terms of Use, violations of law, or other misuse of the Site or our products and services; and for any other business purpose permitted by law.
  • For legal and safety purposes, including to defend or protect us, you, or customers, or third parties, from harm or in legal proceedings; to protect our rights or the rights, property, and safety of others; to comply with legal obligations; to maintain the security of our customers, employees, and property; to pursue remedies available to us and limit our damages; to respond to court orders, lawsuits, subpoenas, and government requests; to comply with judicial proceedings, court orders, legal processes or lawful requests from government authorities; to address legal and regulatory compliance; and to notify you of product recalls or safety issues.

Applicants

  • To evaluate your application, including your potential as an employee.
  • To maintain and further a diverse and equitable workplace.
  • To communicate with you, including to contact and communicate with you regarding your potential employment, interview sessions, or in the event of a natural disaster or other emergency.
  • For legal and safety purposes, including to provide reasonable accommodations when required by applicable law; to comply with applicable laws and regulations, including; to monitor, investigate, and enforce compliance with and potential breaches of our policies and procedures and legal and regulatory requirements; to comply with and respond to civil, criminal, judicial, or regulatory inquiries, investigations, subpoenas, or summons; and to exercise or defend our legal rights and the rights of our employees, affiliates, customers, contractors, and agents; to protect the our rights and property or the rights, property, and safety of others; to comply with legal obligations; to maintain the security of our customers, employees, and property; and to pursue remedies available to us and limit our damages.

Contract Workers

  • To manage your contract worker relationship with us, including for personnel planning, productivity monitoring, and evaluation purposes; contract worker education, training, and certification purposes; assessing your working capacity or the diagnosis, treatment or care of a condition impacting your fitness for work, and other preventative or occupational medicine purposes (including work-related injury and illness reporting).
  • To communicate with you.
  • To provide you access while working at MegFood, including to create badges that allow your entrance into MegaFood’s facilities where you will be working; and to authenticate your identity and verifying your access permissions.
  • For legal and safety purposes, including to provide reasonable accommodations when required by applicable law; to comply with applicable laws and regulations, including; to monitor, investigate, and enforce compliance with and potential breaches of our policies and procedures and legal and regulatory requirements; to comply with and respond to civil, criminal, judicial, or regulatory inquiries, investigations, subpoenas, or summons; and to exercise or defend our legal rights and the legal rights of our employees, affiliates, customers, contractors, and agents; to protect our rights and property or the rights, property, and safety of others; to comply with legal obligations; to maintain the security of our customers, employees, and property; and to pursue remedies available to us and limit our damages.

 

We and our service providers collected, processed, and disclosed (and may process and disclose) the Personal Data of our Former Employees for the following business purposes:

 Former Employees

  • To manage your employment relationship with us, including while employed: to manage our workforce and your performance; for personnel planning, productivity monitoring, and evaluation purposes; for workforce development, education, training, and certification; for compensation, payroll, tax, and benefits planning, enrollment, and administration purposes; to arrange, confirm, and monitor work-related travel, events, meetings, and other activities; to assess your working capacity or the diagnosis, treatment or care of a condition impacting your fitness for work, and for other preventative or occupational medicine purposes (including work-related injury and illness reporting).
  • To maintain and further a diverse and equitable workplace.
  • To provide you access while employed, including while employed: to provide you access to our systems, networks, databases, equipment, and facilities; to create employee badges that allow access to our facilities; to allow use of our provided technology; and to authenticate your identity and verifying your access permissions.
  • To communicate with your or your designated emergency contacts, designated beneficiaries and dependents, including to contact and communicate while employed with you regarding your employment, job performance, compensation, and benefits, working conditions or in the event of a natural disaster or other emergency; to contact and communicate with your designated emergency contacts in the event of an emergency, illness, or absence; and to contact and communicating with you and your dependents and designated beneficiaries in the event of an emergency or in connection with your benefits.
  • To provide you with requested assistance or products, including to help you in your dealings with benefits providers; correcting information in the systems we use; or while you were an employee, to process orders for our products placed by you as an employee.
  • For business purposes, including to monitor, maintain, and secure our systems, networks, databases, equipment, and facilities; to record meetings held via Zoom or other similar software in which you participated; to confirming any agreements made with you; and with your consent, to use your photos in our materials.
  • For legal and safety purposes, including to providing reasonable accommodations when required by applicable law; to comply with laws and regulations, including (without limitation) applicable tax, health and safety, anti-discrimination, immigration, labor and employment, and social welfare laws; to monitor, investigate, and enforce compliance with and potential breaches of our policies and procedures and legal and regulatory requirements; to comply with and respond to civil, criminal, judicial, or regulatory inquiries, investigations, subpoenas, or summons; and to exercise or defend our legal rights the legal rights of our employees, affiliates, customers, contractors, and agents; to protect our rights or the rights, property, and safety of others; to comply with legal obligations; to maintain the security of our customers, employees, and property; and to pursue remedies available to us and limit our damages.

We may combine or aggregate any information we collect for any of these purposes.  We may also anonymize your Personal Information in such a way that you may not reasonably be re-identified by us or any other organization and may use such anonymized information for any purpose.

SOURCES OF INFORMATION

We obtain Personal Information from the following categories of sources as further explained below:

  • Directly from you. For example, from forms you complete or products you purchase; from your business cards, from your emails to use, from the contracts you or your employer propose to and do enter with us; and from scans of your badges at conferences.
  • Indirectly from you. For example, through information we collect while providing services to you and from observing your actions on the Site and from your LinkedIn page.
  • Automatically from you. As you navigate through the Site, information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies. More specifically, this is collected through device identifiers (e.g., IP address, MAC address, other device IDs), IP address demographics (location, language, country of origin, etc.), technical device data (e.g., domain server, type of device, type of web browser) and activity information (e.g., access times, pages visited, search history, referring web site addresses, interactions with Site features).
  • Service providers and third parties. We have previously collected and may continue to collect Personal Information from outside sources, including advertising networks; internet service providers: data analytics providers: government entities: your employer; public databases; providers of demographic information; publications; professional organizations; educational institutions; government entities; social media platforms and networks;  operating systems and platforms;  data brokers;  and service providers; and third parties when they disclose information to us.

CATEGORIES OF ENTITIES TO WHOM WE DISCLOSE PERSONAL INFORMATION

  • Affiliates & Service Providers. We may disclose each of the categories of Personal Information to our affiliates and service providers for the purposes described in this Policy.
  • Third Parties. For each category of Personal Information identified in this Privacy Policy, we may disclose such Personal Information to the following categories of Third Parties:
    • At Your Request or with Your Approval. We may disclose your Personal Information to any Third Party with your consent or at your direction.
    • Business Transfers or Assignments. We may disclose your Personal Information to other entities as reasonably necessary to facilitate a merger, sale, joint venture or collaboration, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
    • Legal and Regulatory. We may disclose your Personal Information to law enforcement, government authorities, including regulatory agencies and courts, as reasonably necessary for our business operational purposes, to assert and defend legal claims, and otherwise as permitted or required by

HOW WE PROTECT INFORMATION WE COLLECT

We build security into our system to help protect data from unauthorized access, disclosure, alteration, and destruction. We’re always looking for threats and take reasonable steps to respond to those threats, protecting the information users share with us.  Of course, no method of Internet transmission or data storage can provide guaranteed protection to your information.  If anything should ever happen to your information, we’ll let you know as soon as we can and try our best to make it right.

CHILDREN UNDER THE AGE OF 13

We do not knowingly collect any Personal Information from children under the age of 13 without parental consent, unless permitted by law. If we learn that a child under the age of 13 has provided us with Personal Information, we will delete that information in accordance with applicable laws.

CHILDREN UNDER THE AGE OF 16

Our Site is not intended for children under 16 years of age. No one under age 16 may provide any Personal Information on the Site. We do not knowingly collect Personal Information from children under 16, nor do we knowingly disclose Personal Information of children under 16 to third parties for valuable consideration or for cross-context behavioral advertising. If you are under 16, do not use or provide any information on the Site. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us. 

CHOICES CONCERNING COOKIES AND OTHER TRACKING TECHNOLOGIES

Cookies; Other Tracking Technologies

We employ cookies and similar technologies to store and sometimes track information about the users of the Site. Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a web site. You may be able to prevent the browser from accepting cookies. If you reject cookies, you may still use the Site, but your ability to use some areas and features/functions of the Site may be limited.  We use both session ID cookies and persistent cookies (also known as flash cookies).

Please note that your cookie preferences are brand, browser, and device specific. Therefore, if you visit other visit this site from a different browser or device, or clear your cookies, you will need to reset your cookie preferences.

We use web beacons (small pieces of data that are embedded in images on the pages of web sites) and auditing software to track page views and entry and exit points to and from e-mails. In addition, we use web beacons, cookies, customized links and/or similar technologies to determine whether any e-mails or electronic publications sent by us to those who have requested them from us have been opened and which links are clicked.

Google Analytics & Similar Tools

We use Google Analytics (or similar web traffic analytic tools) to help analyze how users use the Site and to optimize our Site based on that data. Such tools use information generated by cookies about your use of the web site (including IP address), which is transmitted to Google (or other analytics provider). This information is then used to evaluate users' use of the Site and to compile statistical reports on web site activity for us. These tools may also collect personally identifiable information about a user’s online activities over time and across different internet websites.

To learn more about how Google uses data when you use our Site, please visit www.google.com/policies/privacy/partners/.  You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Targeted Advertising

We also use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising on the following platforms by using the links below:

Other platforms may also allow you to opt out of target advertising. Please refer to those platform privacy policies for more information.

YOUR MARKETING CHOICES

If you sign up/subscribe to our newsletter(s) or other publications (if any) and you no longer wish to receive the same, you may unsubscribe by following the opt-out/unsubscribe link located within each newsletter or other publication.

If you do not wish to receive information or other material from us other than newsletter(s) or publications, you may “opt-out” of receiving these communications by contacting us at hello@megafood.com. 

INFORMATION CORRECTIONS; UPDATES

If you wish to change or modify information previously provided to us, you may do so by sending us an e-mail at privacy@megafood.com. We will use reasonable efforts to ensure that your information is corrected or updated in our records.

LINKS TO THIRD PARTY SITES; SOCIAL MEDIA SITES

We use web beacons (small pieces of data that are embedded in images on the pages of web sites) and auditing software to track page views and entry and exit points to and from e-mails. In addition, we use web beacons, cookies, customized links and/or similar technologies to determine whether any e-mails or electronic publications sent by us to those who have requested them from us have been opened and which links are clicked.

We may offer social sharing features or other integrated tools, which let you share actions you take with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these features.

CONTACT US

If you have any questions or concerns regarding our Privacy Policy or any questions about the security at our Site, you can send an e-mail and contact us at privacy@megafood.com.

SPECIAL PRIVACY NOTIFICATION FOR CALIFORNIA RESIDENTS

California law requires that we provide certain disclosure, including a description of legal rights, to those who reside in the state of California.  If you are a California resident, this section applies in addition to all other applicable rights and information contained in this Policy. Where any provision found in this section conflicts with any other provision of our Policy, the provisions in this Section will govern.

CATEGORIES OF PERSONAL INFORMATION COLLECTED

We and our service providers may have collected and processed the following categories of your Personal Information in the past 12 months for the business purposes described in this Policy.  We expect to collect and process in the future the following categories of your Personal Information for the business purposes described in this Policy.  

Additionally, we may have disclosed to our service providers and third parties the following categories of business contact Personal Information in the past 12 months for the business purposes described in this Policy.

Consumers

 

Category

Examples

Identifiers

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code ¤ 1798.80(e)).

A name, physical characteristics or description, address, telephone number, or any other medical information. Some personal information included in this category may overlap with other categories.

Protected classification characteristics under California or federal law

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status,

Commercial information

Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Internet or other similar network activity

Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.

Geolocation data

Device location

Audio, electronic, visual, thermal, olfactory, or similar information

Call recordings, such as calls to our customer care team

Inferences drawn from other personal information

Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes.

Sensitive Personal Information

a. Personal Information that reveals:

i. Account log-in information (e.g., financial account or credit card numbers in combination with any required access codes or passwords);

ii.    Precise geolocation;

iii. Racial or ethnic origin or

iv. Contents of a consumer’s email and text messages, unless the business is the intended recipient thereof.

b. Personal Information collected and analyzed concerning a consumer’s health.

We retain each of the categories of Personal Information listed above for the period reasonably necessary to provide goods and services to you and for the period reasonably necessary to support our business operational purposes listed in this Policy.

Business Contacts

 

Category

Examples

Identifiers

Name, alias, postal address, online identifiers, unique personal identifier, email address, account name, or other similar identifiers

Contact and financial information

Phone and fax numbers, address, email address, or financial information

Characteristics of protected classifications under state or federal law

Age, race, gender, color, national origin, ancestry, physical or mental condition, marital status, religion, and sexual orientation

Commercial information

Transaction information and purchase history

Internet or other electronic network activity information

Browsing history and interactions with websites or advertisements ((if for any reason you are provided a Company computer or access to the Company’s system)

Geolocation data

Device location

Audio, electronic, visual and similar information

Call and video recordings

Professional or employment-related information

Title and employer, work history, prior employer

Education Information or other academic information

Degrees obtain, schools attended

Handwriting

Written, including electronic, signatures

Sensitive Personal Information

Social security number, account log-in, financial account number, debit card number, or credit card number in combination with any required security or access code, password, or credentials for allowing access to an account; and racial or ethnic origin, religious or philosophical beliefs, or union membership.

We retain each of the categories of business contact Personal Information listed above for the duration of the longer of (i) your or your company’s relationship with us, as applicable, and (ii) the period in which we expect we may continue to have a business relationship with you in another capacity and/or with another business vendor, or (iii) as may be required by applicable laws or necessary for our legitimate business purposes, including without limitation for purposes of the notice provisions in our contracts.


 

Applicants

Category

Examples

Identifiers

Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers

Contact information

Phone number, address, or email address

Medical information

Any information in possession of or derived from a healthcare provider, healthcare service plan, pharmaceutical company, or contractor regarding an individual’s medical history, mental or physical condition, or treatment

Characteristics of protected classifications under California or federal law

Age, race, gender, color, national origin, ancestry, physical or mental condition, marital status, religion, and sexual orientation

Audio, electronic, visual, thermal, olfactory, or similar information

Recording of a customer service call or employee profile photograph

Professional or employment-related information

Work history and prior employer

Education Information or other academic information

Degrees obtain, schools attended, classes taken

Handwriting

Written, including electronic, signatures

Inferences

Inferences drawn from any of the information listed above to create a profile about an individual reflecting the individual’s preferences, behavior, attitudes, intelligence, abilities, and aptitudes (e.g., predications about an individual’s preferences or tendencies)

Sensitive Personal Information

Personal Information that reveals:

o   Social security number;

o   Account log-in, in combination with any required security or access code, password, or credentials for allowing access to an account; or

o   Racial or ethnic origin, religious or philosophical beliefs, or union membership.

 

We retain each of the categories of Your Personal Information listed above n this Policy for the duration of your relationship with us, as applicable, and longer as may be required by applicable laws or necessary for our legitimate business purposes.

Contract Workers

Category

Examples

Identifiers

Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers

Contact information

Phone number, address, or email address

Characteristics of protected classifications under California or federal law

Age, race, gender, color, national origin, ancestry, physical or mental disability, medical condition, marital status, religion, and sexual orientation

Audio, electronic, visual, thermal, olfactory, or similar information

Recording of an individual service call or profile photograph

Handwriting

Written, including electronic, signatures

Inferences

Inferences drawn from any of the information listed above to create a profile about an individual reflecting the individual’s preferences, behavior, attitudes, intelligence, abilities, and aptitudes. (e.g., predications about an individual’s preferences or tendencies)

Sensitive Personal Information

Personal Information that reveals:

o   Social security, driver’s license, state identification card, or passport number;

o   Account log-in in combination with any required security or access code, password, or credentials for allowing access to an account; or

o    Racial or ethnic origin, religious or philosophical beliefs, or union membership.

 

Personal Information collected and analyzed concerning an individual’s health, such as information in possession of or derived from a healthcare provider, healthcare service plan, pharmaceutical company, or contractor regarding an individual’s medical history, mental or physical condition, or treatment, health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in the individual’s application and claims history

We retain each of the categories of Your Personal Information listed above n this Policy for the duration of your relationship with us, as applicable, and longer as may be required by applicable laws or necessary for our legitimate business purposes.

Former Employees

Category

Examples

Identifiers

Real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers

Health insurance information

Insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in the individual’s application and claims history

Contact and financial information

Phone number, address, email address, bank account number, credit or debit card number, or other financial information

Medical information

Any information in possession of or derived from a healthcare provider, healthcare service plan, pharmaceutical company, or contractor regarding an individual’s medical history, mental or physical condition, or treatment

Characteristics of protected classifications under California or federal law

Age, race, gender, color, national origin, ancestry, physical or mental disability, medical condition, marital status, religion, and sexual orientation

Commercial information

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies

Biometric information, including an individual’s physiological, biological, or behavioral characteristics to the extent it can be used to establish individual identity

Imagery of the face, and voice recordings, from which an identifier template (such as a faceprint, a minutiae template, or a voiceprint) can be extracted, and  potentially sleep, health, or exercise data that contain identifying information

Internet or other electronic network activity information

Browsing history, search history, and information regarding an individual’s interaction with an Internet website, application, or advertisement

Geolocation data

Device location

Audio, electronic, visual, thermal, olfactory, or similar information

Recording of a customer service call or employee profile photograph

Professional or employment-related information

Work history and prior employer

Education Information or other academic information

Degrees obtain, schools attended, classes taken

Handwriting

Written, including electronic, signatures

Inferences

Inferences drawn from any of the information listed above to create a profile about an individual reflecting the individual’s preferences, behavior, attitudes, intelligence, abilities, and aptitudes. (e.g., predications about an individual’s preferences or tendencies)

Sensitive Personal Information

Personal Information that reveals:

o   Social security, driver’s license, state identification card, or passport number;

o   Account log-in, financial account number, debit card number, or credit card number in combination with any required security or access code, password, or credentials for allowing access to an account;

o   Precise geolocation;

o   Racial or ethnic origin, religious or philosophical beliefs, or union membership; or

o   Contents of an individual’s email and text messages, unless the business is the intended recipient thereof,

 

Biometric data processed for the purpose of uniquely identifying an individual

 

Personal Information collected and analyzed concerning an individual’s health, such as information in possession of or derived from a healthcare provider, healthcare service plan, pharmaceutical company, or contractor regarding an individual’s medical history, mental or physical condition, or treatment, health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in the individual’s application and claims history

We retain each of the categories of Your Personal Information listed above n this Policy for the duration of your relationship with us, as applicable, and longer as may be required by applicable laws or necessary for our legitimate business purposes.

DISCLOSURES TO THIRD PARTIES FOR MONETARY OR OTHER CONSIDERATION OR FOR CROSS-CONTEXTUAL BEHAVIORAL ADVERTISING

We are required to describe certain disclosures of Personal Information as “sales” where we receive valuable consideration. No money is paid in exchange for your Personal Information. In the past 12 months, we may have shared, and we may share in the future, each of the above-listed categories of information:

  • With business partners, such as ad networks, who may deliver marketing communications, promotional materials, or advertisements that may be of interest to you. These business partners may engage in cross-contextual behavioral advertising on our behalf; and
  • With affiliates, who may deliver marketing communications, promotion material, or advertisements that may be of interest to you regarding their brands; and
  • With third parties when you engage in or interact with co-branded or co-sponsored content or activities.

USES AND DISCLOSURES OF SENSITIVE PERSONAL INFORMATION

We only use and disclose Sensitive Personal Information (as that term is defined under California law) for the following purposes:

  • Performing the services or providing the goods reasonably expected by an average consumer who requests those goods or services;
  • Ensuring security and integrity to the extent the use of the consumer's Personal Information is reasonably necessary and proportionate for these purposes;
  • Preventing, detecting, and investigating security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted Personal Information;
  • Resisting malicious, deceptive, fraudulent, or illegal actions directed at the business and prosecuting those responsible for those actions;
  • Ensuring the physical safety of natural persons;
  • Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer's current interaction with us; provided that we will not disclose the consumer's Personal Information to a Third Party and or build a profile about the consumer or otherwise alter the consumer's experience outside the current interaction with the business;
  • Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on our behalf;
  • Undertaking activities to verify or maintain the quality or safety of a product, service, or device that is owned, manufactured by, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
  • Collecting or processing Sensitive Personal Information where such collection or processing is not for the purpose of inferring characteristics about a consumer.

YOUR PRIVACY RIGHTS AND CHOICES

The following describes your rights with respect to your Personal Information and explains how to exercise those rights.

RIGHT TO KNOW

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information.  The information you have the right to request is:

  • The categories of Personal Information we have collected about you.
  • The specific pieces of Personal Information we have collected about you.
  • The categories of sources of the Personal Information we have collected about you.
  • Our business purposes for collecting the Personal Information.
  • Our business purposes for disclosing the Personal Information, as well as the categories of third parties to whom we have disclosed the information.

Please note that you can only make a verifiable request for access twice within a 12-month period.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send us an electronic message through our Site or write us at our address listed on our webpage.

RIGHT TO CORRECT

You have the right to request that we correct any inaccurate Personal Information we maintain about you. You can also change any of your Personal Information in your account by editing your profile within your account or by contacting us at hello@megafood.com. 

RIGHT TO DELETE

You have the right to request that we delete any of your Personal Information that we collected from you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

Examples of circumstances in which we may deny a deletion request are (including if retaining the information is necessary for us or our service provider(s) to):

  • Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Help to ensure the security and integrity of our Site.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on the consumer’s relationship with us.
  • Comply with a legal obligation.

EXERCISING YOUR RIGHT TO KNOW, RIGHT TO CORRECTION, OR RIGHT TO DELETION

To exercise your right to know, right to correction, or right to deletion as described above, please submit a verifiable consumer request to us by completing the Webform,  calling us at 1-800-848-2542. Only you, or you authorized agent, may make a verifiable consumer request related to your Personal Information.

To submit a request, we require that you explain your relationship with us, specify your request type, and provide your name, email address, country, home address, the details of your request, and your date of birth. We use this information to identify responsive records and to verify your identity. Your request should include sufficient detail that allows us to properly understand, evaluate, and respond to it. Please note that we may require additional information from you to verify your identity and process your request.

If you choose to use an authorized agent to submit a request on your behalf, you must provide the agent written permission to do so and the agent must verify their own identity directly with us, in addition to the steps we would take if we processed your request directly. If the agent does not submit proof that they have been authorized by you to act on your behalf, we may deny the request. In order to process your request, you or your authorized agent will need to provide us with the above information on the Webform or by calling us at 1-800-848-2542.

We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

RIGHT TO OPT-OUT OF SALES AND SHARING

You have the right to direct us to not sell your Personal Information or to share your Personal Information for cross-context behavioral advertising (the “right to opt-out”). As indicated above, we do not sell or share the Personal Information of consumers we actually know are less than 16 years of age. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us through the Sites.

Visitors to the Sites that select the link titled “Your Privacy Choices” may submit their request to opt-out on the Webform.

If you would like to exercise these rights, please complete this Webform or contact us at privacy@megafood.com

RIGHT TO NON-DISCRIMINATION

We will not discriminate against you for exercising any of your rights as set forth in this Privacy Policy. Unless permitted by the law, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the law that can result in different prices, rates, or quality levels. Any legally permitted financial incentive we offer will reasonably relate to your Personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.