PRIVACY POLICY

Last Updated: July 31, 2023

This Privacy Policy is provided by Optimum Nutrition, Inc. and/or its corporate parents, subsidiaries or affiliates (collectively, “the Company”, “we”, or “us”). Here we explain how we collect, use and share information that identifies you or relates to you as an individual (“Personal Information”). The Privacy Policy also tells you about your rights and choices with respect to your Personal Information, as well as how to contact us if you have questions – our details can be found at the end of the statement.

You can use the hyperlinks below to navigate to particular topics of interest:

1. WHAT PERSONAL DATA DO WE PROCESS AND HOW DO WE USE IT?
2. AUTOMATED DECISION-MAKING AND PROFILING
3. RETENTION PERIODS
4. SHARING PERSONAL INFORMATION WITH THIRD PARTIES
5. YOUR PRIVACY RIGHTS
6. ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS
7. CHANGES TO THIS PRIVACY POLICY
8. CHILDREN
9. SECURITY
10. COMPLAINT PROCEDURES
11. ACCESSIBILITY
12. CONTACT DETAILS

I. WHAT PERSONAL DATA DO WE PROCESS AND HOW DO WE USE IT?

We collect Personal Information about you in a variety of ways depending on how you interact with us and our websites and services, including:

• Directly from you when you provide it to us, such as when you register for an account, leave reviews for our products, sign up to receive communications from us, place an order, or contact us by phone, email, or otherwise.
• Automatically through the use of cookies, server logs, and other similar technologies when you interact with our websites, advertisements, and emails.
• From other sources, including, for example, our affiliates, business partners, service providers, online social media networks, and other third parties, or from publicly available sources.

The following provides examples of the type of information that we collect in a variety of contexts and how we use that information.

Context	Types of Data	Primary Purpose for Collection and Use of Data; Retention Period
Account Registration	We collect your name and contact information 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.
Business Contact Information	We collect the name and contact information of our business contacts, including vendors, wholesalers, and other business partners, and their employees with whom we may interact.	We use this information to contact and communicate with our business partners concerning administration, such as facilitating wholesale orders, performing or receiving services, and billing/invoicing matters.
Cookies and First-Party Tracking	We use cookies “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a website is viewed. See our Cookie Policy for more information.	We use this information to make our website function properly and operate efficiently.
Cookies and Third-Party Tracking	We may place tracking technology on our website that collects analytics, records how you interact with our website, or allows us to participate in behavior-based advertising. This means that a third party uses technology (e.g., a cookie) to collect information about your use of our website so that they can report analytics to us or provide advertising about products and services tailored to your interests. That third party might also collect information over time and across different websites in order to serve advertisements on our website or other websites. See our Cookie Preference Center for more information.	We use this information to understand how users interact with our brand online, and to provide advertising that is relevant to your interests. Where required by law, we base the use of third-party cookies upon consent.
Customer Support	If you contact us for customer support requests, we will collect your name and email address, as well as any other content or information that you send to us.	We use this information to respond to and resolve your requests for support. We also use this information for training purposes.
Email Interconnectivity	If you receive email from us, we may 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.
Employment Applications	If you apply for a job posting, we collect information necessary to process your application. This may include, among other things, your name, work history, education and Social Security Number. Providing this information is generally required for us to process your application.	We use this information to evaluate your candidacy for a position of employment with us or with our affiliates. In some contexts, we are also required by law to collect information about applicants for employment.
Feedback/ Reviews	If you provide us feedback or post a review of our products, we will collect your name and email address, as well as any other content or information that you send to us.	We use this information to communicate with you and to act upon your feedback.
Mailing List	When you sign up for one of our mailing lists we collect your email address or postal address.	We use this information to share information about our products or services.
Order Placement	We may collect your name, billing address, shipping address, email address, phone number, and credit card number when you place an order.	We use your information to perform our contract to provide you with products or services that you order.
Partner Promotion	We collect information that you provide as part of a co-branded promotion with another company or entity.	We use this information to facilitate and fulfill these partner promotions.
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 service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information.	We use this information to understand your opinions, and 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 this information to operate sweepstakes or contests. In some contexts, we are also required by law to collect information about those that enter into our sweepstakes or contests—in these situations, we use this information to comply with applicable law.
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.	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.
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), your approximate location based on a part of your IP address domain name, click-activity, aggregated information such as “click stream” information which means entry and exit points (including referring URLs or domains), referring website, and/or a date/time stamp for visitors.	We use this information to monitor our networks, and how visitors interact with our website.

II. AUTOMATED DECISION-MAKING AND PROFILING

We don’t use automated tools to make decisions about people. We may send you mailings and newsletters with content tailored to you. The content is determined by your purchases and the interests as gathered from your purchasing and click behavior.

III. RETENTION PERIODS

We retain your personal information for only as long as necessary to fulfil the purposes outlined in this Optimum Nutrition Privacy Policy, including for the purposes of satisfying any legal, accounting, or reporting requirements, unless a longer retention period is required or permitted by law. To determine the appropriate retention period for personal information, we consider applicable legal requirements, the amount, nature and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of the information, the purposes for which we obtained the information and whether we can achieve those purposes through other means.

IV. SHARING PERSONAL INFORMATION WITH THIRD PARTIES

We won’t sell your Personal Information to third parties and will only make this data available to third parties who are actively involved in carrying out your order or for a business purpose in connection with the marketing of our products. Our staff members and third parties commissioned by us are required to respect the confidentiality of your data.

 Specifically, we may share your Personal Information in the following ways:

A. To Provide Services Or Information To You

We may disclose your Personal Information to third-party service providers so that they may provide us with services such as payment processing, website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services necessary to the Site and services you request. We also may disclose Personal Information collected via third-party cookies embedded in the website when you give consent for the use of those cookies. To find more information about our cookie practices, please visit our Cookie Policy.

B. Compliance With Law

We may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our affiliated companies; (6) to protect the rights, privacy, safety or property of Company or others; and (7) to enforce our terms and conditions.

C. Corporate Transactions Or Events; Affiliates

We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). We may also disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, 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.

D. 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 policy.

V. YOUR PRIVACY RIGHTS

Some jurisdictions give residents the right to make the following choices regarding Personal Information (“Rights”):

1. Disclosure & Access Rights

You may request access to your personal information or confirmation that we have information about you. In certain limited circumstances, you may also request to receive access to your data in a portable, machine-readable format.

2. Deletion Rights

You may request that we delete your personal information. 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 business purposes.

3. Opt-out of Targeted Advertising

You may opt-out of online tracking based targeted advertising (e.g., cookies) by clicking the Cookie Policy link here.

4. Changes to Your Personal Information

We rely on you to update and correct your personal information. You may ask us to correct information that is inaccurate or incomplete. Note that we may keep historical information in our backup files as permitted by law.

5. Objection to Certain Processing

You may object to our use or disclosure of your personal information by contacting us at the address described below.

described below.

6. Online Tracking.

We do not currently recognize the “Do Not Track” signal.

7. Promotional Emails

If you no longer want to receive promotional emails from us, you can follow the unsubscribe instructions in emails that you receive. If you decide not to receive promotional emails, we may still send you service related communications.

Please note that not all of the rights described above are absolute, and they do not apply in all circumstances. In some cases, we may limit or deny your request because the law permits or requires us to do so, or if we are unable to adequately verify your identity. We will not discriminate against individuals who exercise their privacy rights under applicable law.

Submitting Requests

You may exercise the rights described above by contacting us as indicated in the “Contact Information” section below. If you disagree with how we handled a request, you may have the right to appeal our decision by contacting us with the subject line “Appeal.”

Note that, as required by law, we will require you to prove your identity. We may verify your identity 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. Following a request, we will use reasonable efforts to supply, correct or delete personal information about you in our files.

In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf. If you are an authorized agent submitting a request on behalf of an individual, you must attach a copy of a completed Authorized Agent Designation Form indicating that you are able to act on another person’s behalf.

VI. ADDITIONAL INFORMATION FORCALIFORNIA RESIDENTS

This section only applies to individuals who are residents of California under the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws (together “California Laws”).

A. Personal Information Collected

Below is a summary of the Personal Information the Company has collected in the preceding twelve months, the source of the information, the purpose of information collection, and how we share it as defined and outlined in California Law. Please note, in addition to the recipients identified below, we may disclose any of the categories of personal information we collect with government entities, as may be needed to comply with law or prevent illegal activity. We do not “sell” your personal information for money. As discussed elsewhere in the Privacy Policy, we use cookies and similar tracking technologies for purposes of targeted advertising. For more information, please see the Cookie Policy. For details regarding how we use personal information, please see Section I of the Privacy Policy. For information regarding how long we retain personal information, please refer to Section III of the Privacy Policy.

Categories of Information Collected and Examples	Disclosure for a Business Purpose	Sharing for Cross-Context Behavioral Advertising
Identifiers	Affiliates or subsidiaries Business partners Data analytics providers Internet service providers Operating systems and platforms Other Service Providers Payment processors and financial institutions Professional services organizations, including auditors and law firms Social networks	Advertising networks
Personal information under California Civil Code section 1798.80	Affiliates or subsidiaries Business partners Data analytics providers Internet service providers Operating systems and platforms Other Service Providers Payment processors and financial institutions Professional services organizations, including auditors and law firms	Not shared
Commercial information	Affiliates or subsidiaries Payment processors and financial institutions Other Service Providers Professional services organizations, this may include auditors and law firms	Advertising networks
Internet or other similar network activity	Affiliates or subsidiaries Business partners Data analytics providers Internet service providers Operating systems and platforms Other Service Providers	Advertising networks
Geolocation data	Affiliates or subsidiaries Business partners Data analytics providers Internet service providers Joint marketing partners Operating systems and platforms Other Service Providers	Not shared
Inferences	Affiliates or subsidiaries Business partners Data analytics providers Internet service providers Joint marketing partners Operating systems and platforms Other Service Providers	Advertising networks

B. Sensitive Information Collected

We collect the following categories of sensitive personal information (as defined under California law): account log-in information and debit or credit card information. This information is collected in order to permit and facilitate account and e-commerce functionality. Note that we do not use such information for any purposes that are not identified within the California Privacy Rights Act Section 1798.121. We do not “sell” or “share” sensitive personal information for purposes of cross-context behavioral advertising.

C. California Notice of Financial Incentive

We offer our customers an email program that provides certain benefits such as promotions, discounts and exclusive offers (the “Email Program”). When you sign up for the Email Program, we will ask you to provide your name and email address. Because the Email Program involves the collection of personal information, it might be interpreted as a “financial incentive” program under California law. The value of your personal information to us is related to the value of the free or discounted products or services that you obtain in connection with the Email Program, and it is based on the expense related to offering you free or discounted products or services. You may withdraw from participating in the Email Program at any time by calling customer service at 1-800-705-5226 or emailing us at [email protected]. You may also unsubscribe from any marketing emails you receive from us by clicking the “unsubscribe” link in our emails.

D. Other California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, also known as the “Shine the Light Law,” any of our users who are California residents are entitled to request and receive once a year, free of charge, a notice from us describing what categories of personal customer information (if any) we shared with third parties or corporate affiliates for their direct marketing purposes during the preceding calendar year. If applicable, the notice will identify the categories of information shared, the names and addresses of the third parties and affiliates with which information was shared. If you are a California resident and would like to request a copy of this notice, please submit a written request to the following address: Optimum Nutrition, Inc., Attn: Consumer Affairs Department, 3500 Lacey Road, Suite 1200, Downers Grove, Illinois, 60515. In your request, please specify that you want a “California Privacy Rights Notice.” Please allow at least thirty days for a response.

VII. CHANGES TO THIS PRIVACY POLICY

We may change our privacy policy and practices over time. To the extent that our policy changes in a material way, the policy 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 policy. Our privacy policy includes an “effective” and “last updated” date. The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified.

VIII. CHILDREN

The Site is not intended for anyone under the age of 13. We will not knowingly collect any Personal Information from children under the age of 13. If we learn that we have obtained any Personal Information about a child under age 13, we will delete that information.

IX. SECURITY

We strive to use reasonable safeguards to help prevent loss, misuse and unauthorized access, disclosure or modification of Personal Information provided or collected through the Site. However, no system is perfect or can guarantee that unauthorized access or theft might not occur.

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.

X. COMPLAINT PROCEDURES

If you have a complaint about the compliance with this privacy statement or about a violation of your legal rights, you can send an e-mail to [email protected] or call 1-800-705-5226.

XI. ACCESSIBILITY

If you are visually impaired, you may access this notice by visiting our website and accessing your privacy rights through your browser’s audio reader.

XII. CONTACT DETAILS

Optimum Nutrition, Inc.

3500 Lacey Road, Suite 1200

Downers Grove, IL 60515

1-800-705-5226.