Last Updated: April 22, 2021
Table of Contents
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.
Other Information. In connection with any online product purchases we may enable, we or our service providers may collect other information from you, such as payment information (including your card number, security code, expiration date, and billing address) and delivery information.
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 data 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. As we adopt additional technologies, we may also gather additional information through other methods.
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.
Information we collect from third parties
We may collect information about you from other sources, including business partners, marketers, researchers, data compilers and resellers, websites, and government agencies (such as the U.S. Postal Service). We may communicate with you on platforms operated by third parties and collect feedback, or collect information that you have posted on public websites. We may combine the information we collect from third parties with information that we collect from you or through your use of the Services, and likewise we may combine any information that we collect from you with other such information.
Information we collect from social media and other content platforms
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 your account, 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, including to register you for an account and process transactions;
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 test and create new products, features and 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.
Aggregate/De-identified/Anonymous data. We may aggregate, de-identify and/or anonymize any information collected through the Services so that such information is no longer linked to your personally identifiable information (such as your name, address, phone number or email address). We may use aggregated and anonymized information for any purpose, including for research and marketing purposes, and we may also share such data with any third parties, including advertisers, promotional partners, and others.
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, billing and payment processing, shipping and fulfillment services, security and tech and operational support, web hosting, email services and legal services.
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 sell or share information we collect with our affiliated or associated entities.
Advertising, Marketing and Promotions Providers. We share personal 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.
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.
We may also engage in “cross-device” advertising. Cross-device advertising is when these third parties (or we) 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.
Opting Out of Personalized Advertising. If you are interested in more information about personalized or “interest-based” advertising and how you can generally control cookies and other tracking devices from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative’s (NAI’s) Consumer Opt-Out link or the Digital Advertising Alliance’s (DAA’s) Consumer Opt-Out link to opt out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for display advertising or customize Google display network ads, visit the Google Ad Settings page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.
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.
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, Upside Foods does not recognize or respond to browser-initiated Do-Not-Track signals, as the Internet industry is currently still working on Do-Not-Track standards, implementations, and solutions.
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. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, keeping your log-in and password private, and not recycling passwords from other websites or accounts. Upside Foods is not responsible for the unauthorized use of your information nor for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity.
10.LINKS TO EXTERNAL SITES AND SERVICES
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 (as that term is defined in the Children’s Online Privacy Protection Act (COPPA)) from such minors and children. If we discover that an individual under 13 has provided us with personal information, we will delete the personal information to the extent required by COPPA.
If you are 13 or older, but have not reached your jurisdiction’s age of majority (such that you are able to enter a contract), you should only use the Services with permission from your parent(s) or guardian(s).
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: California residents that have an established business relationship with us have the right to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for such third party’s direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties under California’s “Shine the Light” law (Civ. Code § 1798.83). 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 purchased services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing [email protected] 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.
14. HOW TO CONTACT US