Effective Date: November 23, 2021

Last Updated: November 23, 2021

Introduction

Planet Based Foods, Inc. (“PBF,” “Company”, “we”, “us”, “our”) is committed to your privacy. This Privacy Policy (the “Policy”) describes the types of information we may collect from you when you visit our website planetbasedfoods.com and its related domains (collectively the “Site”), or that you may provide when you interact, register with, access, or use any PBF services on the Site (collectively with the Site, the “Services”), and our practices for using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect:

• On this Site;
• In email, text, and other electronic communications between you and PBF;
• Through the Site and other electronic communications sent through or in connection with the Site and Services; and
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.

This Policy does NOT apply to information you provide to or that is collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Site.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using this Site  you agree to this Policy. This Policy may change from time to time (see “Changes to Our Privacy Policy”). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Your use of the Services is also governed by our Terms of Use which can be found via https://planetbasedfoods.com/pages/terms-and-conditions.  Please ensure you read the Terms of Use in addition to this Privacy Policy.  Unless we indicate otherwise, in this Policy, defined terms will have the meanings given to them in our Terms of Use.

1. INFORMATION WE COLLECT

1. Information You Provide to Us

We may obtain information that you provide directly to us on the Site, for example when you register on the Site, make an online purchase on the Site, request information from us, contact customer support, or otherwise communicate with us. This information may include personal information, which is information that can be used to identify you individually, such as your name, home address, work address, billing address, shipping address, zip code or city, email address, telephone number, payment information, date of birth, and user-generated content including product reviews or profile pictures.

If you are providing us personal information on behalf of a wholesaler, such as to register for a wholesaler Site account, you may provide us your company affiliation, business website, and business Tax ID. Acting on behalf of a wholesaler or nonprofit, you may also apply to receive an event donation from us by submitting an application, which may include your or another person’s contact name, contact email, contact phone number, website, address, shipping name, shipping phone number, shipping email, shipping address, Facebook URL, Twitter URL, Instagram URL, and any information contained in your organization’s 501c3.

Our Site may include a send-to-a-friend feature that makes it easy for you to forward information or materials from our Site to friends or family by email. In order to address your email message, the feature may ask you to input the recipient’s email address and/or similar information (including your email address). If you use send-to-friend features on the Site you represent that you have the permission of your friend, family, or other recipient to provide us their personal information.

1. Information We Collect Through Cookies and Similar Technologies

In addition to information you submit through the Site, we may collect certain information using automated tools, such as cookies. “Cookies” are small data files stored by your web browser on your device. Cookies may allow a website to recognize a user’s device, record user preferences, track the pages a user clicks on while visiting the website, and identify the website visited immediately beforehand. The types of information we collect automatically when you visit the Site may include IP addresses, device identifiers, browser characteristics, operating system details, language preferences, referring URLs, length of visits, anonymous traffic data, and pages viewed.

We may use location-identifying technologies such as GPS (global positioning systems) software, geo-filtering, and other location-aware technologies to locate you (sometimes precisely), or make assumptions about your location, for purposes such as verifying your location and delivering or restricting content, including third party ads, based on your location. If you have enabled GPS or use other location-based features on the Site, your device location may be tracked by us and third parties. 

We may use third-party technology, such as Facebook, to collect and use data in connection with interest-based advertising. These third-party ad technology companies and advertisers may use, store, or access cookies, web beacons, and other storage technologies to collect or receive information from the Site and elsewhere on the Internet and use that information to provide advertising services to us, including interest-based advertising or advertisements targeted to your interests.

We may use certain third-party web analytics services, such as Google Analytics, DoubleClick, Yotpo, and Facebook Custom Audiences, to help us understand and analyze how visitors use the Site and serve ads on our behalf across the Internet. We’ve implemented Google Analytics Advertising features such as Remarketing with Google Analytics, Google Analytics Demographics and Interest Reports, Google Ads Remarketing, Google Ads Similar Audiences, and Google Signals. We and third-party vendors may use first-party cookies or other first-party identifiers and third-party cookies or other third-party identifiers to provide information to service providers that help us operate and manage our Site, advertise, market or promote our products, process orders, and fulfill and deliver products that you purchase from us. As an advertising publisher, we may use tags in connection with the Nielsen Digital Ad Ratings Service for Google Ad Manager. Using cookies and pixel tags (also known as web beacons), these third-party analytics services collect information about your visits to the Site and other websites in order to deliver advertisements that may be of particular interest to you.

We may combine certain automatically collected information with other information we obtain about you, which may include data we obtain from third parties.

We or third parties may collect personal information about your online activities over time and across different websites when you use the Site.

1. Information Collected Through Third Parties or Other Sources

We may obtain personal information about you from third parties or other sources such as our third-party service providers, public databases, other brands and groups, affiliates or partners, our parent company or subsidiaries, or data aggregators and commercially available sources. For example, if you process a payment through our Site, you may choose to do so through a third-party service provider (e.g., PayPal). You may also apply to Company job openings through the Site, which is facilitated and managed by our third-party service provider that may share with us information contained in your job application such as your educational and employment history, resume, cover letter, LinkedIn profile, and website. Alternatively, these third parties may provide us your gender and demographic information in an anonymous/de-identified, aggregated data set to demonstrate the makeup of their audience and/or user base. For example, an advertising partner may let us know what percentage of people who click on an PBF ad are female.

The Site may include features that are designed to permit interactions that you initiate between the Site and third-party websites or services, including third-party social networks (collectively, “Social Features”). For example, you may be able to “like” or “share” our content (e.g., through Facebook or Twitter), tag us in photos or public posts, or watch an embedded video from a hosted party (e.g., YouTube). In addition, when you register for a Site account, you may have an option to use your Google, Amazon, or other account provided by a third-party website or application to facilitate the registration, log-in, or transaction process on the Site, or otherwise link accounts.

When you interact with Social Features, both we and the third-party services that operate those Social Features may have access to certain information about you and your use of both our Site and theirs, such as your profile picture. Personal information we receive from third parties or other sources may be subject to third-party privacy policies and terms. We are not responsible for these policies and terms.

2. HOW WE USE YOUR INFORMATION

We may collect your personal information in order to: personalize your online experience and improve the Site; monitor and analyze trends, usage, and activities of visitors and users of the Site; provide products that you purchase using the Site; register and service your online account; provide information that you request from us; contact you about your orders; process credit card and debit card transactions; ship products to you; send you promotional materials or advertisements about our products, as well as new features and offerings; administer surveys, sweepstakes, promotions, and contests; to comply with applicable laws, regulations, or legal process as well as industry standards and our company policies; prevent, investigate, identify, or take any other action with regard to any suspected or actual fraudulent or illegal activity or any activity that violates our policies; or for any other purposes, with your consent.

In some cases, we may use your information to offer you some form of referral award for encouraging an action on the part of a recipient (for example, you can earn a reward if the recipient you send a referral to chooses to register for one of our offerings after receiving the email from you). Such offers are subject to their additional terms and policies.

We may use your information to remarket or reengage advertisements to you, to use third party similar audience features, or for other advertising purposes such as delivering interest-based advertisements or advertisements across sites, mobile apps, and devices over time. For these purposes, we may use third party vendors, such as Google, which may use cookies or device identifiers to show you ads across the Internet, based on your past visits to the Site.

3. HOW WE SHARE YOUR INFORMATION

We may share your information, including your personal information, with third parties as described below.

1. Affiliated Entities

We may share information we collect about you with our subsidiaries and affiliates worldwide.

1. Strategic Partners

From time to time, we may enter into a special relationship with another company that is not owned by or affiliated with Company to provide additional features on the Site. These special relationships may include business partners, sponsors, and co-branded sites (referred to here as "co-branded pages"). Any information, including personal information that you provide on one of these co-branded pages, may be shared with these third-party partners. By participating in activities or providing your information on these co-branded pages, you also consent to our providing your information to those third parties. Separate third-party privacy policies may apply to these uses of your personal information.

1. Service Providers

We may provide your personal information to third-party service providers that help us operate and manage our Site, process job applications, advertise, market, or promote our products, process orders, and fulfill and deliver products that you purchase from us. These service providers may have access to your personal information in order to provide these services, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide our services. For instance, if you participate in a sweepstake, game, or loyalty program resulting in a prize or award, we will share your information with our games and merchandise fulfillment and management agencies. For advertising purposes, we may share with third-party service providers your information, including your personal information (such as your email address) and information we collect automatically (as described in Section 1.B).

1. Transfer in the Event of Sale or Change of Control

We may share your personal information with other entities outside Company in the event we sell or transfer all or a portion of our business assets (e.g., further to a merger, reorganization, liquidation, or any other business transaction), including negotiations of such transactions.

1. Other Lawful Purposes

We may also share your personal information with third party companies, organizations, or individuals outside of Company:

• as permitted by law;
• where we determine that disclosure of your information is necessary to comply with the request of a law enforcement agency or other legal process;
• to enforce applicable Terms of Use, including investigation of potential violations; or to
• detect, prevent, or otherwise address fraud, security, or technical issues
• and protect against harm to the rights, property, or safety of Company, our users, customers, or the public as required or permitted by law.
• In addition to the sharing described elsewhere in this Privacy Policy, we may share your personal information with companies, organizations, or individuals outside of Company when we have your consent to do so.

4. USER-GENERATED CONTENT

The Site may enable users to submit their own content for product reviews and other functions (“User-Generated Content”). We or others may store, display, reproduce, publish, distribute, or otherwise use User-Generated Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User-Generated Content and may have the ability to share it with third parties. If you choose to submit User-Generated Content to any public area of the Site, your User-Generated Content will be considered “public” and will be accessible by anyone. Please note that we do not control who will have access to the information that you choose to make available to others and cannot ensure that parties who have access to such information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Site or what others do with information you share with them on the Site. We are not responsible for the accuracy, use, or misuse of any User-Generated Content that you disclose or receive from third parties through the Site.

5. ACCESS AND CHOICES

1. Accessing and Updating Your Personal Information

You can access and update certain information we have relating to your online account by signing into your account and going to the “My Account” section of our Site. If you have questions about personal information we have about you or need to update your information, you can call us at (719) 455-1993, email us at info@planetbasedfoods.com, write to us at 2869 Historic Decatur Rd. San Diego, CA 92106 or you can Contact Us. To opt-out of receiving marketing and promotional emails from Company you can Contact Us, call us at (719) 455-1993, or use the opt-out or unsubscribe feature contained in the emails.

1. Closing Your Online Account

You can close your online account by calling us at (312) 624-8200, emailing us at info@planetbasedfoods.com or writing to us at PBF Customer Service, 2869 Historic Decatur Rd. San Diego, CA 92106

1. Analytics and Advertising

Your web browser may have settings that allow you to transmit a “Do Not Track” signal when you visit various websites or use online services. Like many websites, the Site is not designed to respond to “Do Not Track” signals received from browsers. To learn more about “Do Not Track” signals, visit http://www.allaboutdnt.com/.

For more information on how Google Analytics, DoubleClick, and DoubleClick Ad Exchange-Buyer, use the data collects through the Site, visit: www.google.com/policies/privacy/partners/.

To opt out of Google Analytics or DoubleClick cookies (provided by Google), visit: http://www.google.com/settings/ads and https://tools.google.com/dlpage/gaoptout/.

You may opt out of Facebook Custom Audience and by logging into your account and changing your privacy or advertising settings as per Facebook’s opt-out instructions. To opt out of Outbrain Pixel, visit: https://www.outbrain.com/legal/privacy. We are not responsible for the opt out process of third parties.

To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative.

Please note that if you choose to opt out of interest-based advertisements, you will continue to see ads on our Site, but they will not be based on how you browse and shop. Please be aware that the process of opting out from cookie-based tracking is itself cookie-based. In other words, if you opt out, a cookie is placed on your browser that informs third parties that they are not to use cookies to target you with online behavioral advertising. As a result, if you subsequently clear cookies from your browser, as many people do periodically, your opt-out will be lost until you reinstate it.

6. SWEEPSTAKES AND CONTESTS

We may operate sweepstakes, contests, raffles, and similar promotions (each, a “Promotion”) jointly sponsored or offered by third parties that may require submitting personal information. If you choose to participate in a Promotion, your personal information may be disclosed to third parties as described in the terms applicable to that Promotion. Insofar as the terms applicable to a particular Promotion conflict with this Privacy Policy, the terms applicable to the Promotion shall control.

7. SECURITY OF YOUR INFORMATION

We use industry standard physical, technical, and administrative security measures and safeguards to protect the confidentiality and security of your personal information. However, since the Internet is not a 100% secure environment, we cannot guarantee, ensure, or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. It is your responsibility to protect the security of your login information. Please note that emails and other communications you send to us through our Site are not encrypted, and we strongly advise you not to communicate any confidential information through these means.

8. CHILDREN’S PRIVACY

The Site is not intended for, nor targeted to, children under 13, and we do not knowingly request or collect personal information from any person under 13 years of age through the Site. If we learn that we have received information directly from a child who is under the age of 13, we will delete the information in accordance with applicable law.

9. CALIFORNIA PRIVACY RIGHTS

There are certain laws which provide individuals with additional privacy rights. This section is our Privacy Notice for California Residents (“Notice”) and applies to visitors, users, and others who reside in the State of California (“consumers,” or “you/your”) and use of our Services, as contemplated under the California Consumer Privacy Act of 2018 (“CCPA”).

If you wish to exercise your rights under the CCPA, please contact us using any of the methods provided in the “Contact Us” section below. We will consider and process your request within a reasonable period of time. Please be aware that under certain circumstances, the CCPA may limit your exercise of these rights

We collect different types of information from users, and we use and/or disclose this information for different business purposes. The chart below identifies the Personal Information we may collect and lists the parties with whom we may share this information and for what business purpose:

Use of Personal Information

We do not sell your Personal Information. We may use or disclose the Personal Information we collect for one or more of the purposes listed in the chart above.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose and have disclosed in the past 12 months Personal Information to third parties for business purposes as set forth in the chart above in this Privacy Policy. In the preceding twelve (12) months, we have not sold Personal Information.

Your Rights and Choices

The CCPA provides California residents with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

1. Access to Specific Information and Data Portability Rights.

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see “Exercising Your Rights” section), we will disclose to you:

• The categories of Personal Information we collected about you;
• The categories of sources for the Personal Information we collected about you;
• Our business or commercial purpose for collecting or selling that Personal Information;
• The categories of third parties with whom we share that Personal Information;
• The specific pieces of Personal Information we collected about you (also called a data portability request);
• If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
  • Sales, identifying the Personal Information categories that each category of recipient purchased; and
  • Disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained

1. Deletion Request Rights.

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see “Exercising Your Rights” section), we will delete (and direct our service providers to delete) your Personal Information, from our records, unless an exception applies. Please be aware that under certain circumstances, the CCPA may limit your exercise of these rights.

1. Exercising Your Rights.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Calling us at: (719) 455-1993
• Emailing us at privacy@planetbasedfoods.com

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Please be aware that under certain circumstances, the CCPA may limit your exercise of these rights.

1. Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hinderance.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

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

11. LINKS TO THIRD-PARTY WEBSITES

The Site may contain links to the websites of our affiliates and to websites that are owned and operated by third parties. These other websites are not be governed by this Privacy Policy. We are not responsible for the privacy practices or the content of websites owned and operated by third parties. We encourage you to carefully read and review the privacy policies for these third-party websites.

12. INFORMATION FOR USERS OUTSIDE THE UNITED STATES

If you are visiting the Site from outside the United States, please be aware that information we obtain about you will be processed in the United States or in other jurisdictions. By using the Site, you acknowledge your personal information may be transferred to and processed in jurisdictions outside your own, as described in this Privacy Policy. Please be aware that the data protection laws and regulations that apply to your personal data transferred to the United States or other countries may be different from the laws in your country of residence.

13. CHANGES TO OUR PRIVACY POLICY

We reserve the right to make changes to this Privacy Policy. These changes will take effect immediately upon posting. For your convenience, the last revised date of the current Privacy Policy will be posted at the top of this page. By continuing to use the Site following such changes, you agree to such changes.

14. CONTACT US

If you have any questions, concerns, complaints, or suggestions regarding our Privacy Policy or otherwise need to contact us, please Contact Us, email us at privacy@planetbasedfoods.com, call us at (719) 455-1993, or contact us by US postal mail at the following address:

PBF

Attn: Legal Counsel

2869 Historic Decatur Rd.

San Diego, CA 92106