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PRIVACY POLICY

Last updated May 30, 2024

This Privacy Statement describes how Upbeet Brands, Inc. (collectively, with their affiliates and subsidiaries, “Upbeet Brands,” “we,” “us,” or “our”) collect, use, share, and safeguard personal information when you engage with our Offerings. This Privacy Statement also tells you about your rights and choices with respect to your personal information, and how you can reach us to get answers to your questions.

This Privacy Statement applies to: (1) all of our websites, mobile applications, blogs or platforms (collectively “Websites”); (2) all books, magazines, motion pictures, subscriptions, programs, services, and other products made available for order on or through the Websites (collectively, the “Products”); (3) all content and other materials available on through the Websites or Products, including, without limitation, logos and all designs, text, graphics, pictures, information, data, recipes, software, sound files, user content, other files and the selection and arrangement thereof (collectively “Content”); and (4) your participation in any of our events or programs (“Events”). In this Privacy Statement, we refer to the Websites, Products, Content, and Events collectively as the “Offerings.”

We offer our Offerings to users in a number of countries and territories where the laws and customs differ. This Privacy Statement provides a general overview of our privacy practices. In addition, this Privacy Statement provides specific information relevant to users residing in certain regions or countries.

You can jump to particular topics by going to the headings below:

Types Of Information We Collect.

When you access or use our Offerings, we collect and process information from and about you to provide the Offerings in a more personalized and relevant way. The following provides examples of the type of information that we collect from you and how we use that information.

Context Types of Data Primary Purpose for Collection and Use of Data
Account Registration We collect identifying information such as your name, postal address, phone number, unique personal identifier, online identifier, internet protocol (IP) address, device ID, geolocation, email address, account name, driver’s license number, or other similar identifiers when you create an account. We also collect information relating to the actions that you perform while logged into your account. We use this information to provide account-related functionalities to our users. Accounts can be used for easy checkout and to save your preferences and transaction history. 
Client Information We collect the name, and contact information, of our clients and their employees with whom we may interact. We use this information to contact our clients and communicate with them concerning normal business administration such as projects, services, and billing.
Financial and Payment Information We may collect your credit or debit card number and associated information or other financial information. We use this information to process bills and payments and may provide it to third-party processors.
Cookies and First Party tracking We may use cookies and clear GIFs. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while on a website. We may collect information from such cookies. We use this information to keep our Website operating efficiently.
Cookies and Third Party Tracking We may participate in behavior-based advertising. This means that a third party uses technology, such as cookies or web beacons to collect information about your use of our Website so that they can provide advertising about products and services tailored to your interests on our Website, or on other websites. We use this information to engage in behavior-based advertising and to capture website analytics.
Demographic Information We may collect personal information, such as your age or location.  We use this information to understand our users and provide tailored services.
Electronic and sensory data We may provide opportunities for you to engage with our Offerings using audio, electronic or other similar formats and we may collect that information. We use this information to understand our users and provide tailored services.
Email Interconnectivity If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains, and make purchases. We use this information to understand how you interact with our communications to you.
Feedback/Support If you provide us feedback or contact us for support we will collect your name and email address, as well as any other content that you send to us, in order to reply. We use this information to address your feedback or issues.
Inferences We may aggregate or compile information provided to us and draw inferences based on that information.   We use the inferences drawn from this data to share information about the profiles of our users with service providers, advertisers, social networks and government entities or for legal purposes or data analytics purposes.
Mailing List When you sign up for one of our mailing lists we collect your email address or postal address.   We use this data to share information about our products or services.
Mobile Devices and Applications We may collect information from your mobile device, including through certain applications on your mobile device, such as unique identifying information broadcast from your device when visiting our Website, your location, or your order history and/or selected meals. We use mobile device information to identify unique visitors, and in understanding how users interact with us on their mobile devices.
Subscriptions, Orders, and Order Placement We collect your name, billing address, shipping address, email address, phone number, and credit card number and information when you place an order or subscribe for a Product. We may also collect information about the types and patterns of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. We use your information to perform our contract to provide you with products or services, to manage orders and supply chain, and to enhance our offerings.
Partner Promotion We may collect information that you provide as part of a co-branded promotion with another company. We work with partners and may use your data in certain joint promotions.
Personal Information You may choose to provide certain personal information such as relating to your dietary preferences, intolerances, nutritional history or personal experiences. We may tailor advertisements or promotions based on your personal information or use this information to enhance or develop our Offerings.
Surveys When you participate in a survey, we collect information that you provide through the survey. If the survey is provided by a third party, the third party’s Privacy Statement applies to the collection, use, and disclosure of your information. We use survey data to understand your opinions, and to collect information relevant to our organization.
Sweepstakes or contests When you participate in a sweepstakes or contest we collect information about you which includes contact information to notify you if you are selected. We use your data to conduct contests or sweepstakes. In some contexts we are also required by law to collect information about those who enter into our sweepstakes.
Website interactions We use technology to monitor how you interact with our Website. This may include which links you click on or information that you type into our online forms. This may also include information about your device or browser, such as browsing history or search history. We use this information to understand how you interact with our Website to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful. We may also use this data to detect fraud.
Web logs We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors. We use this information to monitor our networks and the visitors to our Website. Among other things, it helps us understand which of our services is the most popular.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website (e.g., leaving comments or star-ratings for recipes), or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of service.

In addition to the information that we collect from you directly, we may also receive information about you from other sources (and sources that collect information on our behalf), including third parties, service providers (e.g., our e-commerce platform provider), business partners, our affiliates, or publicly available sources. When you use our Offerings, by “clicking-through” from a third-party website or when you visit third-party websites via our Offerings, those third-party websites may also share information with us about your use of their service. Any information that we receive from third-party websites may be combined with the information provided by you and processed as detailed in this Privacy Statement. For example, we receive data concerning sign-ins and contact information for individuals that enroll in cooking courses provided by Rouxbe (www.rouxbe.com). In addition, we may also provide information to service providers and other vendors (e.g., credit-card processors), including as set forth below in relation to California law.

Use And Processing Of Information.

In addition to the purposes and uses described above, we use information in the following ways:

  • To identify you when you visit our Websites or our stores.
  • To provide products and services or to process returns.
  • To improve our services and product offerings.
  • To streamline the checkout process.
  • To conduct analytics, survey, market research or panel interviews.
  • To respond to inquiries related to support, employment opportunities, or other requests.
  • To send marketing and promotional materials, including information relating to our products, services, sales, or promotions.
  • For internal administrative purposes, as well as to manage our relationships.
  • To fulfill any other purpose for which you provide it. 
  • To respond to legal actions and/or law enforcement requests and otherwise comply with requests and legal obligations as required by applicable law, court order, or governmental regulations
  • To resolve disputes or troubleshoot problems.
  • To prevent fraud and other potentially prohibited or unlawful activities.
  • To tailor your experience, including by making inferences about your interests and preferences based on your activity and customize the ads shown to you both on and off our website.
  • To communicate with you or facilitate communication between you and our partners and/or affiliates.
  • To host your reviews, forum posts, photos, videos, and other content.

Although the sections above describe our primary purpose in collecting your information, in many situations we have more than one purpose. For example, if you complete an online purchase we may collect your information to perform our contract with you, and your information may also be collected by service providers (e.g., our third-party credit-card processors).

Sharing Of Information.

In addition to the specific situations discussed elsewhere in this policy, we disclose information in the following situations:

  1. Affiliates and Acquisitions. We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). These affiliates will comply with this Privacy Statement and all applicable laws governing the transmission of promotional communications. We may share information in relation to a corporate transaction if we are involved in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control, including negotiation and diligence of such transactions.
  2. Other Disclosures with Your Consent. We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this Privacy Statement.
  3. Other Disclosures to Non-Affiliated Third Parties or Service Providers. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third-party intermediary.
  4. Public. Our Websites may provide the opportunity to post comments, or reviews, in a public forum. If you decide to submit information on these pages, that information may be publicly available.
  5. Partner Promotion. We may offer contests, sweepstakes, or other promotions with third party partners. If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third-party partner the information that you provide will be shared with us and with them. Their use of your information is not governed by this Privacy Statement.
  6. Service Providers. We may share your information with service providers. Among other things service providers may help us to administer our website, conduct surveys, provide technical support, process payments, and assist in the fulfillment of orders.
  7. Other Jurisdictions. We offer our Offerings to users located in many different jurisdictions. If we transfer your information to other countries, we will use and protect that information as described in this Privacy Statement and in accordance with applicable law.

    8. We also may share your information if we believe, in our sole discretion, that such disclosure is necessary:

    1. To comply with legitimate and enforceable subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we reserve the right to raise or waive any legal objection or right available to us.
    2. To investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of Upbeet Brands, our customers, or others; and in connection with our Terms of Service and other agreements.
    3. In connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

Your Choices.

You can make the choices regarding the processing and use of your personal information. You may be able to access, update, change preferences regarding, or close your account with us, but please note that limiting information you share with us may affect the functionality of and your experience with our Offerings:

  1. Access To Your Personal Information. You may request access to your personal information by contacting us at the address described below. If required by law, upon request, we will grant you reasonable access to the personal information that we have about you. Note that California residents may be entitled to ask us for a notice describing what categories of personal information (if any) we share with third parties or affiliates for direct marketing.
  2. Changes To Your Personal Information. We rely on you to update and correct your personal information. Our Website may allow you to modify or delete your account profile. If our Website does not permit you to update or correct certain information, you may contact us at the address described below in order to request that your information be modified. Note that we may keep historical information in our backup files as permitted by law.
  3. Deletion Of Your Personal Information. Typically we retain your personal information for the period necessary to fulfill the purposes outlined in this policy unless a longer retention period is required or permitted by law. You may, however, request information about how long we keep a specific type of information or request that we delete your personal information by contacting us at the address described below. If required by law we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.
  4. Objection to Certain Processing. You may object to our use or disclosure of your personal information by contacting us at the address described below.  If required by law, upon request, we will grant your request.
  5. Online Tracking and Cookies/Do Not Track. We do not currently1 recognize automated browser signals regarding tracking mechanisms, which may include "Do Not Track" instructions.
  6. Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties.  You can stop receiving promotional emails by following the unsubscribe instructions in emails that you receive.  If you decide not to receive promotional emails, we may still send you service-related communications.
  7. Promotional Text Messages. If you receive a text message from us that contains promotional information you can opt-out of receiving future text messages by replying “STOP.”
  8. Manage Account and Subscriptions. You may choose to modify account details, close your account, or modify subscriptions from within your account. We may retain some information associated with your account for purposes including backups, fraud prevention, dispute resolution, investigations, our own legitimate business interests, and legal compliance for the period necessary to fulfil the purposes outlined in this Privacy Statement.

Please address written requests and questions about your rights to support@upbeetbrands.com.

Note that, as required by law, we will require you to prove your identity. We may conduct an identity verification by phone call or email. Depending on your request, we will ask for information such as your name, the last item you purchased from us, or the date of your last purchase from us. We may also ask you to provide a signed declaration confirming your identity.

In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. We will require verification that you provided the authorized agent permission to make a request on your behalf. You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. We will require verification that you provided the authorized agent permission to make a request on your behalf. You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own  

If you are an authorized agent submitting a request on behalf of an individual you must attach a copy of the following information to the request:

  1. A completed Authorized Agent Designation Form indicating that you have authorization to act on the consumer’s behalf.
  2. If you are a business, proof that you are registered with the Secretary of State to conduct business in California.

If we do not receive both pieces of information, the request will be denied.

How We Protect Personal Information

No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law. However, we cannot guarantee the security of information from unauthorized entry or use, hardware or software failure, or other circumstances outside of our control.

Our Websites may permit you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.

How We Use Cookies and Other Network Technoligies

  1. To enhance your online experience with us, our web pages may presently or in the future use "cookies." Cookies are text files that our web server may place on your hard disk to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other Personal Information unless you choose to provide this information to us. Once you choose to provide Personal Information, however, this information may be linked to the data stored in the cookie. Although it may be possible to turn off the collection of cookies through your device or browser, certain features of the Services may not function properly without the aid of cookies.
  2. Our Offerings use Google Analytics, provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043 (“Google”). Google Analytics uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may collect information regarding the use of other websites, apps and online resources. For more information on how Google uses data when you use our Site or Service, please follow this link: https://policies.google.com/technologies/partner-sites. You may be able to opt-out of some or all of Google Analytics features by downloading the Google Analytics opt-out browser add-on, available at, https://tools.google.com/dlpage/gaoptout. For more information about interest-based ads, or to opt-out of having your web browsing information used for behavioral advertising purposes, please visit http://optout.aboutads.info.
  3. We, or our service providers, may also use "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") in connection with the Site and HTML-formatted email messages for purposes of, among other things, compiling aggregate statistics about website usage and response rates. A Pixel Tag is an electronic image, often a single pixel (1x1), that is ordinarily not visible to website visitors and may be associated with cookies on visitors’ hard drives. Pixel Tags allow us and our service providers to count users who have visited certain pages of the Site, to deliver customized services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can inform the sender of the email whether and when the email has been opened.
  4. We may use “social media widgets,” which are links to Facebook, Instagram, Twitter, YouTube and LinkedIn (that might include widgets, such as the “share this” button or other interactive mini-programs). These features may collect your IP address, which page you are visiting on the Site and may set a cookie to enable the feature to function properly. These social media features are either hosted by a third party or hosted directly on the Site. Your interactions with these features are governed by the Privacy Statement or statement of the company providing it.
  5. As you use the internet, you leave a trail of electronic information at each website you visit. This information, which is sometimes referred to as "“clickstream data”, can be collected and stored by a website's server. Clickstream data can reveal the type of computer and browsing software you use and the address of the website from which you linked to the Site. We may use clickstream data as a form of non-personally identifiable information to determine how much time visitors spend on each page of our Site, how visitors navigate through the Site, and how we may tailor our web pages to better meet the needs of visitors. We will only use this information to improve our Site.

Mobile Services Practices

The following information relates to our mobile communications practices:

  • Collection of Information. When you opt-in to receive SMS/TEXT messages from us, we collect and store your phone number and the date of opt-in. We may also collect additional information you provide, such as your name and email address, to enhance our services and personalize your experience.
  • Use of Information. The information collected is used to send you text messages about our products, services, and promotions. We may also use this information to improve customer service and respond to your inquiries, requests, or complaints. Your data is processed and stored securely and is only accessed as necessary for these purposes.
  • Sharing of Information. We do not share your personal information with third parties for their marketing purposes without your explicit consent. However, we may share information with service providers who assist us in operating our messaging services, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
  • Opting Out. You can opt out of receiving SMS/text messages from us at any time by texting "STOP" in reply to any message. Upon receiving your request, we will promptly remove your phone number from our SMS messaging list and confirm the cancellation via SMS.
  • Data Security We take the security of your personal information seriously. We implement various security measures to maintain the safety of your personal information when you enter, submit, or access your personal data and communicate with us via mobile services.

Miscellaneous

The following additional information relates to our privacy practices:

  1. Transmission of Information to Other Countries. We may transmit your information between or among our affiliates. As a result your information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. Nonetheless, where possible we take steps to treat personal information using the same privacy principles that apply pursuant to the law of the country in which we first received your information. By submitting your personal information to us you agree to the transfer, storage, and processing of your information in a country other than your country of residence including, but not necessarily limited to, the United States. If you would like more information concerning our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction, you can contact us using the contact information below.
  2. Third-Party Applications/Websites. We have no control over the privacy practices of websites or applications that we do not own. Our Website may contain links to other websites that we do not own or operate. We provide links to third-party websites as a convenience to you. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy policies, notices and terms of use. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat personal information. We encourage you to read the Privacy Statement of every website you visit.
  3. Children Under the Age of 13. Our Website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website or through any of its features. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us using the information listed below.
  4. Changes to this Privacy Statement. We may change our Privacy Statement and practices over time. To the extent that this Privacy Statement changes in a material way, the statement that was in place at the time that you submitted personal information to us will generally govern that information unless we receive your consent to the new Privacy Statement. Our Privacy Statement includes a “last updated” date which refers to the date that the current version was last substantively modified.
  5. Accessibility. If you are visually impaired, you may access this notice through your browser’s audio reader.
  6. Information for California Residents. California Civil Code Sections 1798.115(c), 1798.130(a)(5)(c), 1798.130(c), and 1798.140 indicate that organizations should disclose whether certain categories of information are collected, “sold” or transferred for an organization’s “business purpose” (as those terms are defined under California law). You can find a list of the categories of information that we collect and share here. Please note that because this list is comprehensive it may refer to types of information that we share about people other than yourself. If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing, please submit a written request to us using the information in the "Contact Information" section below. We do not discriminate against California residents who exercise any of their rights described in this Privacy Statement.

Contact Information

If you have any questions, comments, or complaints concerning our privacy practices please contact us at the appropriate address below. We will attempt to respond to your requests and to provide you with additional privacy-related information.

Upbeet Brands, Inc.
9960 W. Cheyenne Ave #190
Las Vegas, NV 89129
Email: support@upbeetbrands.com.

Territory

Regardless of where our servers are located, your personal data may be processed by us in the United States, where data protection and privacy regulations may or may not be to the same level of protection as in other parts of the world. BY VISITING THE SITE AND USING THE SERVICE, YOU UNEQUIVOCALLY AND UNAMBIGUOUSLY CONSENT TO THE COLLECTION AND PROCESSING IN THE UNITED STATES OF AMERICA OF ANY INFORMATION COLLECTED OR OBTAINED BY US THROUGH VOLUNTARY SUBMISSIONS, AND THAT THE LAW OF THE UNITED STATES OF AMERICA GOVERNS ANY SUCH COLLECTION AND PROCESSING. If you are an individual and reside in the United Kingdom, the European Union, Switzerland, or elsewhere in the European Economic Area (collectively, and for the purposes of this Privacy Statement, the “EEA”), then the General Data Protection Regulation ("GDPR") shall apply to our practices regarding your “Personal Data” and you are considered a “Data Subject” as those terms are defined by the GDPR. For the purposes of the GDPR, we may act as both a data “Controller” and a data “Processor.” Similarly, if you are an individual and reside in California, the California Consumer Privacy Act (“CCPA”) shall apply to our practice regarding your “personal information”, and you are a “consumer”, with certain rights in your personal information and we are a “third party”, as those terms are defined in the CCPA. Personal Data, together with personal information, and all similar information shall be “Personal Information” for the purposes of this Privacy Statement. We will take commercially reasonable steps to maintain compliance with GDPR (including, without limitation, ensuring that all data processing agreements to which we are a party as subject to the appropriate Standard Contractual Clauses) and CCPA requirements.

California Information Sharing Disclosure

California Civil Code Sections 1798.115(c), 1798.130(a)(5)(c), 1798.130(c), and 1798.140 indicate that organizations should disclose whether the following categories of personal information are collected, transferred for “valuable consideration,” or transferred for an organization’s “business purpose” (as those terms are defined under California law). We do not sell your personal information. The table below indicates the categories of personal information we may collect and transfer in a variety of contexts. Please note that because while this list is comprehensive, it is not exhaustive, and it may also refer to types of information that we collect and share about people other than yourself. For example, while we transfer credit card or debit card numbers for our business purpose in order to process payments for orders placed with us, we do not collect or transfer credit card or debit card numbers of individuals that submit questions through our Website’s “contact us” page.

Examples of Categories of Personal Information That We May Collect Categories of Third Parties to Whom We May Disclose Personal Information for Business Purpose
Identifiers and Account Information –such as name, postal address, phone number, unique personal identifier, online identifier, internet protocol (IP) address, device ID, geolocation, email address, account name, driver’s license number, or other similar identifiers.
  • Service providers 
  • Product and service fulfillment companies
  • Internet service providers
  • Advertising networks
  • Social networks
  • Payment processors and financial institutions
  • Government entities, law enforcement, lawyers, auditors, consultants and other parties as required by law
  • Data analytics providers
Financial information –such as credit or debit card number or other financial information.
  • Service providers
  • Payment processors and financial institutions
  • Government entities, law enforcement, lawyers, auditors, consultants, and other parties as required by law
Commercial information – such as information about products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Service providers
  • Product and service fulfillment companies
  • Advertising networks
  • Social networks
  • Payment processors and financial institutions
  • Government entities, law enforcement, lawyers, auditors, consultants, and other parties as required by law
  • Data analytics providers
Personal Information – such as information about your personal dietary preferences, intolerances, nutritional history or other personal experiences or preferences.
  • Partners
  • Service providers
  • Product and service fulfillment companies
  • Advertising networks
  • Social networks
  • Payment processors and financial institutions
  • Government entities, law enforcement, lawyers, auditors, consultants, and other parties as required by law
  • Data analytics providers
Network activity data –such as internet or other electronic network activity information, such as browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement. This may also include browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors
  • Service providers
  • Product and service fulfillment companies
  • Internet service providers
  • Advertising networks
  • Social networks
  • Government entities, law enforcement, lawyers, auditors, consultants and other parties as required by law
  • Data analytics providers
Email interconnectivity, Mailing List, Mobile Devices and Applications –This may include data related to when you open our messages, click on any links or banners it contains, and make purchases, information about your activity coming from your mobile applications or devices, and information needed for our mailing lists.
  • Service providers
  • Internet service providers
  • Advertising networks
  • Social networks
  • Government entities, law enforcement, lawyers, auditors, consultants and other parties as required by law
  • Data analytics providers
Electronic and sensory data – such as audio, electronic, or similar information
  • Service providers
  • Government entities, law enforcement, lawyers, auditors, consultants and other parties as required by law
Inferences – drawn from any of the information listed above to create a profile
  • Service providers
  • Advertising networks
  • Social Networks
  • Government entities, law enforcement, lawyers, auditors, consultants, and other parties as required by law
  • Data analytics providers

How Do you Exercise your rights under the CCPA?

Because we offer the Offerings exclusively online, you may submit your requests to exercise your rights under the CCPA by emailing us at support@upbeetbrands.com. with “CCPA Request” in the subject line. When submitting a request via email, please indicate which CCPA right you wish to exercise and provide sufficient information to allow us to locate your file. We will acknowledge receipt of your request within 10 business days of receiving it and will use commercially reasonable efforts to respond within 45 calendar days of receipt of your request, and in no event will our response come more than 90 days after receiving your request. If we are unable to provide our response within the first 45-day window, we shall notify you as soon as we become aware of the possible delay and provide an explanation of why additional time is needed to respond. Before we respond to any CCPA based requests relating to your personal information, we will take steps to reasonably verify the identity of the person making the request (“Requestor”) to make sure it’s you, or your authorized agent. We do this to avoid disclosing your information to third parties and bad actors, not to inconvenience you in any way. To do this, we will ask the Requestor to confirm at least two pieces of information that we have in our files. As the sensitivity of the information being requested goes up, we will ask the Requestor to confirm more pieces of information. For requests to delete information, after verification, we will confirm your desire to delete one final time before actually deleting the information. If the identity of the Requestor cannot be reasonably verified, then in order to protect you, we shall not disclose the personal information requested.

European Union Privacy Rights

A. If you currently reside in the EEA, the GDPR applies to your personal information. The GDPR requires that we have a legal basis to process your information and we will process such information under one or more of the following legal bases:

  • To perform the contract that we are about to enter with you (e.g. our Terms of Service);
  • Processing is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
  • To comply with a legal obligation; and/or
  • If we have your consent to do so, which you may revoke at any time.

B. Under the GDPR, as a Data Subject you have certain rights. They are:

  • The right to be informed. This is your right to be informed about what personal information we or our authorized vendors are processing, why, and who else the data may be passed to.
  • The right of access. This is your right to see what personal data about you is held by us.
  • The right to rectification. This is the right to have your personal data corrected or amended if what is held is incorrected in some way.
  • The right to erasure. This is the right to have your personal data to be deleted in the event thatsuch data is no longer required for the purposes it was collected for, your consent for the processing of the data is withdrawn, or the data is being unlawfully processed.
  • The right to restrict processing. This is the right to ask for a temporary halt to the processing of your personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.
  • The right to data portability. This is the right to ask for your personal data to be provided to you in a structured, commonly used, and machine-readable format.
  • The right to object. This is the right to object to further processing your personal data if such processing is inconsistent with the primary purposes for which it was collected.
  • Rights in relation to automated decision making and profiling. This is the right to not be subject to a decision based solely on automated processing. The service does not engage in automated decision making and profiling.

You can find instructions for enforcing some of these rights elsewhere in this Privacy Statement. Otherwise, if you wish to find out more about these rights, please contact us at support@upbeetbrands.com.

Florida Law

We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time you sign up for an account, (a) your billing address, as provided is located in Florida or (b) the area code for the phone number used create an account is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by us in direct response to mobile messages or requests from you shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

Washington State Law

To the extent the law is relevant and applicable to the Offerings, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to State of Washington residents. For purposes of compliance, you agree that we may assume that you are a State of Washington resident if, at the time you create an account with us, the area code for the phone number used to create an account on our Site is a State of Washington area code.

Multi-State Privacy Statement for Virginia, Connecticut, and Colorado

This Multi-State Privacy Statement is provided pursuant to applicable state laws and applies to Virginia, Connecticut, and Colorado residents, and supplements our overall Privacy Statement with additional disclosures and rights.

(a) If you are a resident of Virginia, Connecticut, or Colorado you may take advantage of the following rights in accordance with applicable law:
(b) You can request to confirm whether we process your personal information. Subject to certainexceptions, you can also request a copy of your personal information you provided to us.
(c) You can request that we delete personal information we have about you.
(d) You can request that we correct inaccurate personal information we maintain about you.
(e) You can request to opt out of the sale of your personal information to a third party.
(f) We may display advertisements to you where the ad was selected based on personal information obtained from (or in some instances inferred) from your activities over time and across unaffiliated websites or online applications to predict your preferences or interests. To the extent permitted by law, you can request that we stop using your personal information for such targeted advertising by contacting support@upbeetbrands.com..

To take advantage of any of these rights, please contact us here support@upbeetbrands.com.. Note that Connecticut and Colorado residents may designate an authorized agent to request on their behalf that we stop selling or processing their personal information for targeted advertising purposes. We will take reasonable steps to authenticate your identity prior to responding to your requests. The authentication process will vary depending on the sensitivity of the personal information and whether you have an account with us. We will use commercially reasonable efforts to authenticate the identity of authorized agents and their authority to submit requests on your behalf. We may deny certain requests, or fulfil a request only in part, based on our legal rights and obligations.

Information on Statement Changes

We may update this Privacy Statement at any time from time to time in our discretion. If we believe any changes are material, we will strive to let you know by doing one or more of the following: sending you a communication about the changes, placing a notice on the website and/or posting an updated Statement on the website. We will note at the top of this Privacy Statement when it was most recently updated. We encourage you to check back from time to time to review the most current version and to periodically review this Privacy Statement for the latest information on our privacy practices.

If you have any questions about this Privacy Statement or any other applicable terms, policies or agreements related thereto, please contact us support@upbeetbrands.com..

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