Privacy Policy

PRIVACY POLICY

Last Updated: March 16, 2023

Upside Foods, Inc., doing business as Upside Foods (“Upside Foods”, also referred to herein as “we”, “us”, or “our”), respects your privacy. This Privacy Policy (the “Privacy Policy”) explains how Upside Foods collects, uses and shares information about you through our website (located at https://upsidefoods.com) or other online (together, the “Sites”) and our electronic communications, including email messages, and our business operations and all associated services (all of the foregoing collectively, the “Services”).

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.

TABLE OF CONTENTS

INFORMATION WE COLLECT
HOW WE USE YOUR INFORMATION
HOW WE SHARE AND DISCLOSE YOUR INFORMATION
ONLINE ANALYTICS
PERSONALIZED ADVERTISING AND YOUR OPT-OUT CHOICES
ADDITIONAL MARKETING CHOICES YOU HAVE
DO-NOT-TRACK DISCLOSURE
HOW WE PROTECT YOUR INFORMATION
DATA RETENTION
LINKS TO EXTERNAL SITES AND SERVICES
NOTE TO PARENTS AND CHILDREN
SUPPLEMENTAL NOTICES
CHANGES TO THIS PRIVACY POLICY
HOW TO CONTACT US

1. INFORMATION WE COLLECT

We collect information in multiple ways, including (a) information you provide directly to us; (b) information that is automatically collected from you when you navigate our Sites and use our Services, such as from your browser or device; (c) information we collect from third parties, and (d) information we collect from social media and other content platforms. We may combine all of the information we collect about you from these various sources.

Information you provide to us. You may provide information directly to us, in various ways. For example:

Sign up and profile information. When you sign up for our mailing list or click “Contact Us” on our website, you provide us with information, which may include your name, email address, physical address, and phone number and any other information that you choose to provide us.
Feedback and information in your communications. We may collect information when you give feedback, make requests, submit questions to us or otherwise contact us via the Services, by email, chat or phone, or on social media channels. We may also record comments and opinions you express when responding to surveys, entering a sweepstakes or taking part in promotions we run.
Dietary Preferences. We may collect information about your dietary preferences and restrictions, including in connection with any tastings you may attend.
Applicant Information. We may collect information about you when you apply for a job through our Services, such as name, email, phone number, resume, LinkedIn profile and work authorization information. You also have the option to disclose certain self-identification information such as, gender, race, veteran status and disability status.

Information we collect through automated means

Device and usage information. We also may collect certain information that is automatically generated by the computer, browser or device (including mobile devices or tablets) that you use to access or navigate our Services. As further described below, we may collect, combine and analyze information such as: (i) IP address, unique device identifiers including mobile ad IDs, IMEI and TCP/IP address (if we ever offer a mobile application)s, and other information about your computer or device(s), browser types, browser language, operating system and/or mobile device carrier information; (ii) location information (with your permission) and (iii) information related to the ways in which you interact with the Services, such as: referring and exit web pages and URLs, platform type, the number of clicks, domain names, landing pages and interactions with our app, pages and content viewed and the order of those pages, statistical information about your visit to the Services, the frequency of your visit to the Services, error logs, and other similar information. As further described below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.
Cookies and other tracking technologies. We also collect information about your visit(s) and use of the Services through the use of Internet server logs and online tracking technologies, like cookies and/or tracking pixels. A web server log is a file where website activity is stored. A “cookie” is a standard software feature that is placed on your computer or other Internet-connected device when you visit a website and assigns you a unique, random number. The cookie identifies the computer or device that you use to visit a Site and enables us (or our service providers) to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Sites you have visited; (iv) enhance your user experience by delivering content and advertisements specific to your inferred interests; (v) perform searches and analytics; and (vi) assist with security administration functions. We may use local shared objects (including flash cookies) to store your preferences, e.g., for volume control or to personalize content, ads, or video features. (Flash cookies are somewhat different from other cookies because of the amount and type of data and how the data is stored.)

We also may use tracking pixels (sometimes referred to as web beacons or clear GIFs), which are tiny electronic tags embedded in websites, online ads, and/or email, and that are designed to access cookies and provide usage information like ad impressions or clicks, and measure popularity of the Services and associated advertising. We also may include web beacons in email messages and other electronic communications to determine whether the message has been opened and for other analytics, personalization and advertising.

You can change your settings to notify you when a cookie is being set or updated, or to block cookies altogether. Please consult the “Help” section of your browser for more information (e.g., Internet Explorer; Google Chrome; Mozilla Firefox; or Apple Safari). To manage Flash cookies, please click here. Please note that by blocking any or all cookies, you may not have access to certain features or offerings on our Services.

We describe in Section 5 how we may use cookies and similar technologies for interest-based advertising, and how to opt-out of that type of advertising.

Information we collect from third parties.

We may communicate with you on platforms operated by third parties and collect feedback, or collect information that you have posted on public websites. Any information we receive from outside sources will be treated in accordance with this Privacy Policy. We are not responsible or liable for the accuracy of information provided to us by third parties and are not responsible for any third party’s policies or practices.

Information we collect from social media and other content platforms

If you access the Services through a third-party connection or log-in (e.g., through a social network), then you may allow us to have access to and store certain information from your profile on that third-party service and about your interaction with those providers as relates to use of the Services. This may include your name, gender, profile picture or other information stored with such service, depending on your settings on such service. If you do not wish to have this information shared, do not use a third-party connection to access the Services. For a description on how third parties such as social networking sites handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings.

When you “like” or “follow” us on Facebook, Instagram, Twitter or other social media sites, we may collect some information from you including your name, email address, and any comments or content you post relevant to us.

2. HOW WE USE YOUR INFORMATION

We may use your information for various purposes, depending on the type of information we have collected from and about you and the specific Services you use, such as:

to communicate with you, including to communicate with you about our company and related news or notifications;
to respond to your questions or inquiries, including to provide support and troubleshooting assistance;
to manage and remember your preferences and customize the Services;
to analyze and improve the Services or any other products and service we provide;
to provide you with the Services;
to administer surveys, promotions, sweepstakes and contests;
to verify your identity;
to advertise and market our Services to you;
to help us better understand your interests and needs to improve the Services;
to engage in analysis, research and reports regarding the use of our Services;
to understand and resolve any technical and security issues reported on our Sites;
to comply with the law and protect the safety, rights, property or security of Upside Foods, our users, employees, third parties, members of the public and/or our Services;
to prevent fraud and enforce our legal terms; and
for any other purpose with your consent.

3. HOW WE SHARE AND DISCLOSE YOUR INFORMATION

We may disclose and/or share your information under the following circumstances:

Service Providers and Vendors. We disclose your information to third parties who perform services on our behalf, including marketing and advertising, market research, data storage, data analysis and processing, customer support, security and tech and operational support, web hosting, email services and legal services.
Legal Compliance and Protection of Upside Foods and Others. We may disclose your information if required to do so by law or on a good faith belief that such disclosure is permitted by this Privacy Policy or reasonably necessary or appropriate for any of the following reasons: (i) to comply with legal process; (ii) to enforce this Privacy Policy or other contracts with you, including investigations of potential violations thereof; (iii) to respond to claims that any content on our Sites violates the rights of a third party; (iv) to respond to your requests for customer service; and/or (v) to protect the rights, property, or personal safety of Upside Foods, our agents and associates, and the public. This includes exchanging information with other companies and organizations for fraud prevention, spam/malware prevention, and other similar purposes.
Business Transfers. We may disclose your information in the event that we undergo organizational restructuring (e.g., establish a subsidiary or merge with another entity), or an acquisition by another entity. In such transactions (including in contemplation of such transactions, e.g., due diligence) your information may be disclosed. If any of our assets are sold or transferred to a third party, your information would likely be one of the transferred business assets.
Affiliated or Associated Companies. We may share information we collect with our affiliated or associated entities.
Advertising, Marketing and Promotions Providers. We share information with third parties in connection with co-marketing activities, the development of customized and targeted marketing campaigns, to launch promotions and for other similar advertising efforts.
Consent. Without limiting the other ways we may use or disclose your information, we also may disclose your information to any third parties based on your consent to do so.

4. ONLINE ANALYTICS

We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze the information discussed above, and to engage in auditing, research, or reporting. The information (including your IP address) collected by various analytics technologies described above will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services, including by noting the third-party website from which you arrive to our Services, analyzing usage trends, assisting with fraud prevention, and providing certain features to you. To learn more about Google’s privacy practices, please review the Google Privacy Policy; to prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.

If you receive email from us, we may use certain tags or pixels to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.

5. PERSONALIZED ADVERTISING AND YOUR OPT-OUT CHOICES

Personalized or “Interest-Based” Advertising. We may allow third parties, such as ad exchanges, web analytics vendors and data analytics vendors to integrate with the Services to deliver relevant content and ads on the Services, and on other websites you visit and other applications and devices you use. When these ads are based on your activities across various websites or apps, over time, or tied to other information about you, this is sometimes known as “personalized” or “interest-based” advertising.

Upside Foods and/or such third parties may use cookies, web beacons, pixel tags and similar technologies to collect information about your interactions on our Services and elsewhere on the internet or in apps (e.g., search and click stream information, browser and device type, time and date, cookie and session ID, and the identity or type of ads clicked or scrolled over). Upside Foods and/or these third parties may use this information to display ads for Upside Foods when you use our Services or other websites or applications. These third parties may tie the information collected with information such as your name, email address, mailing address, and other demographic and behavioral information about you; we or they may create a “hash” of personal information (for privacy purposes), which may be associated with cookies or device identifiers.

We may also engage in “cross-device” advertising. Cross-device advertising is when Upside Foods or these third parties tie the device identifier or IP address (or other information) associated with your current device to device identifiers associated with other devices that you may use (e.g., your computer, tablet and phone) in order to measure and target advertisements tailored to your interest across devices, and to try to identify you across multiple browsers or devices.

Please note that even if you exercise the opt-out choices above, you may continue to receive advertisements — for example, ads based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browser (like some Safari browsers) is configured to reject “opt out” cookies when you opt out on the DAA or NAI websites, your opt-out may not be effective.

6. ADDITIONAL MARKETING CHOICES YOU HAVE

You have certain choices about how we use your information. You can opt-out of or unsubscribe from our promotional emails by clicking the “unsubscribe” link they contain: please note if you do so, that we may continue to send you emails relating to administrative and transactional interactions with us, such as emails about maintenance updates, or content and services that you have specifically requested.

7. DO-NOT-TRACK DISCLOSURE

Upside Foods is committed to providing you with meaningful choices about the information collected on our Services for third-party purposes. That is why we have provided links (above) to the NAI “Consumer Opt-Out” link, the DAA “Consumer Opt-Out” link, and a Google opt-out link. However, our Sites do not recognize or respond to browser-initiated Do-Not-Track signals.

8. HOW WE PROTECT YOUR INFORMATION

We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, or access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information transmitted to, through, or on our Services and that any such transmission is at your own risk.

9. DATA RETENTION

We will hold your information for as long as necessary to fulfill the purposes set forth in this Privacy Policy or as long as we are legally required or permitted to do so. Information may persist in copies made for backup and business continuity purposes for additional time.

10. LINKS TO EXTERNAL SITES AND SERVICES

Our Services may include links to third-party websites, applications and services. We do not control those sites or services and are not responsible for the content or practices of those sites or services. Any information you provide to such sites or services will be governed by the privacy policy of the operator of the site you are visiting or the services you are using. We encourage you to review the privacy and security policies of these third parties.

11. NOTE TO PARENTS AND CHILDREN

The Services are not intended for minors and children under the age of 13, and we do not knowingly collect any personal information from minors and children under the age of 13. If we discover that we have unknowingly collected information about a minor under the age of 13, we will make commercially reasonable efforts to delete such information from our database. If you are the parent or guardian of a child under 13 years of age who has provided us with their personal information, you may contact us using the below information to request that it be deleted.

12. SUPPLEMENTAL NOTICES

International Users: Upside Foods is based in the United States. By using the Services, you acknowledge that you understand and agree that the information we and our service providers collect will be stored in the United States, which may not offer a level of protection equivalent to that required in other jurisdictions.
Your California Privacy Rights: We do not share your personal information with third parties for their own direct marketing purposes.
Nevada Residents: Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident who has used our Services, you may submit a request to opt out of any potential future sales under Nevada law by emailing privacyext@upsidefoods.com with the subject line “Nevada Sale Opt-Out.” Please note we may take reasonable steps to verify your identity and the authenticity of the request.

13. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time for improved clarity, to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology, so you should review the Privacy Policy periodically. We will make the revised Privacy Policy accessible through use of the Services and we will indicate the date of the most recent update. If we make a material change to the Privacy Policy, we will make commercially reasonable efforts to provide notice and take such other steps as required by applicable laws. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.

14. HOW TO CONTACT US

If you have any requests, questions, comments, or concerns regarding our Privacy Policy or privacy practices, please contact us at legal@upsidefoods.com.