Last Updated and Effective as of June 1, 2020
European Users. Amplify Sites are not available to individuals located in the European Union (“EU”) or European Economic Area (“EEA”) at this time. If you are located in the EAA and try to access our Sites, you will be redirected to https://www.thehersheycompany.com/en_us/home.html, the website of our corporate parent, which provides information about Amplify, our products, CSR initiatives and investor information.
“Personal Information” means any information relating to an identified individual, or to an individual who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity. Personal Information does not include information that is anonymized in such a way that a specific individual cannot be identified.
“Subcontractor” means a third party that processes Personal Information on behalf of and pursuant to the instructions of Amplify.
3. INFORMATION WE COLLECT
We collect Personal Information and other information as part of our general business operations, to provide you with services, to respond to requests and offer customer support, to fulfill legal and contractual obligations and to build and improve products and services.
We collect some of this Personal Information directly when it is provided by you or your representative, other information we collect about you automatically when you visit our Website, and some information we collect from other sources such as our Subcontractors and vendors, third parties, software applications, and at in-person events.
Personal Information You Provide To Us. We or our Subcontractors collect Personal Information that you provide to us through our Sites and through other online activities to support our business relationship with you and for other marketing purposes.
Depending on how you interact with us, we may collect the following Personal Information about you:
- Identifiers and Similar Information. Your first and last name, email address, postal address, date of birth, phone number, Internet Protocol address, social security number, driver’s license number, passport number, online identifiers or other similar identifiers.
- Certain Protected Information. Certain information protected under federal or state laws such as a signature or bank account or other financial information.
- Commercial Information. Records of products or services purchases, obtained, or considered, or other purchasing histories or tendencies, including the types of products purchased, the types of products being registered, the serial number, date of purchase, or other product identifying information.
- Payment Information. If you use a credit card to purchase a product or service from us, we may also collect information necessary to process the credit card transaction through third party data processors, such as credit card type, number and expiration date.
- Internet and Electronic Network Activity Information. Information about the products and features you use, including information about your hardware and software, information about your use of our Sites, how our products perform, as well as your settings.
- Geolocation Data. Information about your location or the location of your device.
- Responses to Surveys and Promotional Events. Responses to questions and interactions with us on social media, competitions, and at events, or through surveys that we provide to you.
- Correspondence and Communications. Records of information provided by you when you contact us with feedback, comments, questions or for any other reason. This includes audio, visual and electronic information, for example recordings of calls with our customer support service.
- Professional or Employment-Related Information. Information including your occupation, employer and title.
- Inferences Drawn From Other Information. Certain information we collect from the above categories may be used to create a profile reflecting your preferences, tendencies, and the like.
Information We Collect Automatically From Your Use of Our Sites. In addition to Personal Information that you choose to give us, whenever you visit or interact with our Sites, we may collect or store information about your interaction with our Sites (“Usage Information”). Usage Information may include:
- your IP address or any other unique identifier assigned to the device that you use to access our Sites;
- the functionality and characteristics of your device, including type of browser, operating system and hardware, mobile network information and in some cases location information;
- the URL that referred you to our Sites, if any;
- your activities on our Sites, such as which web pages you visit, what terms you searched within our Sites and which links within our Sites that you click on;
- the time of day that you visited our Sites and how long your visit lasted; and
- your comments regarding our products and services.
Information We Receive From Third Parties. We may receive Personal Information about you from third parties who recommend or suggest that we contact you for business purposes. This includes your name, company name, title, address, phone number, fax number and email address. We receive such Personal Information because these third parties have indicated to us you have consented to let them through their terms of service and subject to their privacy policies to share your Personal Information with other businesses for various purposes including referrals. We may also obtain Personal Information about you from third parties in connection with business transactions you initiate with us, such as through credit verification or other processes related to the transaction.
Information You Submit Through Your Participation in Our Community Forums. Our Sites may offer message boards, chat rooms, blogs and other public areas where you can interact with our other customers, post images, data, requests, questions, comments, suggestions or other content, including your Personal Information. To participate in Community Forums, you may be asked to select a user name and password, or provide us with your email address. We use this information to identify you and to contact you, if needed, in connection with providing these Community Forums. Your password and your email address will not be visible to other users or shared with third parties. Please be aware that any user submissions you post to a Community Forum, as well as your user name, may be viewed by other members of that forum. Think carefully before you post and use caution before disclosing any Personal Information in a Community Forum. We are not responsible for the accuracy, use or misuse of any User Submission that you disclose or receive through a Community Forum. We might also delete User Submissions without further notice if they include harmful or inappropriate content (e.g., pornographic material, content encouraging vandalism, crime, terrorism, racism, violence or cruelty), or infringe any third party’s rights or applicable law.
Cookies and Similar Technologies. We use certain common methods and technologies to collect and store Usage Information about your interaction with our Sites (“Analytic Technologies”). Analytic Technologies may be downloaded to the personal computer, laptop, tablet or mobile phone or other computing device that you use to access the Sites (“Your Device”). The Analytic Technologies that we use and the types of information they collect are:
- Analytics. We use analytics tools, including Google Analytics, to collect information about your use of the Sites. These tools collect information such as how often users visit our website, what pages they visit, and what other websites they visited prior to coming to one of our Sites. If you access one of our Sites from outside the United States, the information generated about your use of our Sites may be transferred and saved to the vendor’s server in the United States. In this instance, within Member States of the European Union or other signatories of the Agreement on the European Economic Area, Google will first shorten your IP address. In exceptional cases, the full IP address will be transferred to a Google server in the United States to be shortened there. You can find out more information about how Google collects and processes information collected by Google Analytics here. You can opt-out of Google Analytics tracking by visiting https://tools.google.com/dlpage/gaoptout/.
- Web Beacons. A web beacon is a small graphic image or other web programming code, also known as “1×1 GIF” or “clear GIF.” We may download web beacons to Your Device when you access our Sites or through email messages that we send to you. We use web beacons only to count visitors to our Sites and to count how many emails that we send are actually opened. If a web beacon is used, it does not allow the identification of the user.
- Embedded Scripts. An embedded script is a programming code that is designed to collect information about your interactions with our Sites, such as which links within our Sites you click on, which type of browser or device you use (e.g. mobile or desktop version). We use such information to enhance the user experience, including when you access our Sites from a mobile device. This code is downloaded onto Your Device when you access our Sites and is deactivated or deleted when you leave our Sites. Identification of the user does not take place.
Do Not Track Signals. The Site does not process or respond to “Do Not Track” signals, since uniform standards for “Do Not Track” signals have not been adopted. To learn more about “Do Not Track”, please visit “All About Do Not Track”.
5. HOW WE USE INFORMATION
Business Use. We use your Personal Information to facilitate our ongoing and proposed business dealings with you, including to:
- process business transactions with us that you initiate;
- establish and maintain customer accounts so that we may provide products or services of ours requested by you or your company;
- register you as a user of these products or services so that you may access them through our Sites or otherwise;
- communicate with you about updates, maintenance, outages or other technical matters concerning these products or services;
- provide you with training regarding usage of these products or services;
- notify you about changes to any of the policies and procedures for use of these products or services;
- verify the accuracy of account and technical contact information we have on file for you and your company in relation to these products or services; and
- respond to questions or inquiries that you or your company may have about our products or services.
We also may use your Personal Information as required for us to comply with laws and regulations relating to the products or services that we provide in any of the jurisdictions in which we or our affiliated companies operate, including the United States, as set forth below in section “Legal Protections and Law Enforcement,” and we may use Usage Information internally within Amplify to help us improve our products or services, or to develop new products or services.
Marketing Purposes. With your consent or as otherwise permitted by the law, we may use your Personal Information to market our products and services, or those of our business partners, including to:
- send you newsletters, press releases, event announcements and other similar communications regarding the products or services that we offer; market or promote our products or services to you, including by offering you trial or limited access to certain of our products or services;
- solicit input from you regarding improvement of our products or services;
- inform you of third-party offerings that we think you or your company may be interested in which relate to our products or services;
- send you announcements or requests on behalf of other customers of ours who believe you would benefit from use of our products or services; and
- other purposes that we disclose to you at the time we obtain your consent.
If Personal Information is provided in an entry form submitted for a promotion, we may use such Personal Information for administering the promotion and only in accordance with stated rules.
Referrals. If we use Personal Information, we received from third parties (described above in Section 3) to contact you, it will only be to see if you are interested in our products or services, or those of our business partners. We will not use this information for other purposes without your consent. In addition, if you inform us that you are not interested in these products or services, we will stop using the information to contact you.
6. HOW WE MAY SHARE INFORMATION
With Our Business Partners. We may share information with third parties who co-sponsor a promotion with us. If you choose to enter or otherwise participate in a promotion, your Personal Information may be disclosed to third parties for administration of the promotion, such as in connection with winner selection, prize fulfillment and as otherwise required by law. We might also share information with a business partner who distributes our products. These partners may send you information about our events and products by mail or email if you have consented to such marketing.
Third Parties for Marketing Purposes. We will not share your Personal Information with third parties outside of Amplify for their marketing purposes without your consent or as permitted by law. Where applicable, we may offer you the option of sharing your Personal Information with third parties in order to receive information and/or marketing offers from them or other persons. If you consent to the sharing of your Personal Information for these purposes, it will be subject to the privacy policies and business practices of those third parties. If you later decide that you no longer want us to share Personal Information with such third parties, after you have previously consented, please contact us as indicated below under the section “Choice and Updating Your Information and Preferences” below. We will do our best process your request in a reasonable period of time. Note, however, that if you no longer wish to receive communications from a third party, which has already received your Personal Information from us, you will need to contact that third party directly to inform them of this.
- hosting our Sites, products and other applications;
- designing and/or operating certain features available through our Sites;
- sending emails and other communications relating to our products or services;
- fulfilling and processing orders for our products or services;
- assisting with promotions and conferences relating to our products or services, or those of our business partners;
- conducting market research used for internal purposes only;
- providing analytic services, such as in relation to the tracking of usage of our Sites; or
- performing other administrative services for us.
Business Transfers. Amplify or any part of its business, including our Sites, may be sold at some point in the future. Should this occur, your Personal Information may be transferred with other corporate assets to a subsequent owner, co-owner or operator of the business unit or Site. We also may disclose and transfer your Personal Information in connection with a corporate merger, consolidation, restructuring, the sale of stock or assets, or other corporate change, including, without limitation, during the course of any due diligence process.
Legal Protections and Law Enforcement. We may access, use, preserve, transfer and disclose to third parties your Personal Information to:
- satisfy any applicable law, regulation, subpoena, governmental request, or legal process if in our good faith opinion such is required or permitted by law;
- protect the safety, rights, property or security of Amplify or any third party; and/or
- detect, prevent or otherwise address fraud, security issues or breaches, or technical issues. The foregoing may include allowing third parties, such as copyright owners, Internet service providers, wireless service providers and/or law enforcement agencies, to access and use your Usage Information in order to identify you. We may take any of these steps without notice to you to the extent permitted by law.
7. CHOICE AND UPDATING YOUR INFORMATION AND PREFERENCES
Upon your request, we will grant you access to your Personal Information that we hold, as well as such other related rights as are provided by applicable law. If you are a California or Nevada resident, please review Section 13 and Section 14 respectively for further description of your rights. We reserve the right to take reasonable steps to authenticate the identity of any individual seeking access to Personal Information. We may provide web pages or other mechanisms on our Sites through which you can submit such a request, correct or update your Personal Information, or elect to change your preferences regarding our future use or sharing of your Personal Information with third parties for marketing purposes. You may contact us at info@Amplifysnacks.com.
If you receive a marketing communication from us by email, you may also opt out of receiving future email marketing communications by following the opt-out instructions provided in that email. We reserve the right to send you certain communications relating to transactions you initiate, your customer account, your use of our Sites, or other business matters, and that these communications may be unaffected if you choose to opt out from marketing communications.
In accordance with our routine record keeping and legal requirements, we may delete certain records that contain your Personal Information. We are under no obligation to store such information indefinitely, and we disclaim any liability arising out of, or related to, the destruction of that information.
8. INFORMATION SECURITY
We will take reasonable measures to protect your Personal Information in our possession from loss, misuse, and unauthorized access, disclosure, alteration or destruction. While we strive to secure your Personal Information, we cannot guarantee that this information will be protected under all circumstances, including those beyond our reasonable control.
Data Integrity and Data Protection. You are responsible for the accuracy of all Personal Information that you provide to us. We will use reasonable efforts to maintain the accuracy and integrity of your Personal Information, and to update that information as appropriate. We will take reasonable steps to ensure that the Personal Information we collect from you is relevant to the purposes for which it was collected, and that it is used only in ways that are compatible with those purposes or otherwise authorized by you.
9. GLOBAL SITE HOSTING
Our Sites and the servers on which they are hosted are operated in various countries around the world in which we conduct our business. Your Personal Information collected when you visit or interact with our Sites may be transferred to and/or processed in a country other than that from which it was collected. The data protection laws in those countries may differ from those of the country in which you are located.
10. LINKS TO OTHER WEBSITES AND APPLICATIONS
The Sites may contain various links to, plug-ins or widgets from social media or other third-party websites or applications which may provide additional information, goods, services and/or promotions to you. These websites, plugins, widgets or applications are not owned or operated by Amplify and are subject to their own privacy and data collection practice and policies. We are not responsible for the data privacy practices of any third party. You should review those privacy policies and practices prior to interacting with theses websites, applications, or tools, or sharing any of your Personal Information with them.
If you have any questions or concerns you may have about the way we process your Personal Information please contact us by logging into your account here or by contacting us at info@Amplifysnacks.com.
The Sites are not directed to children under the age of thirteen (13) and children under the age of 13 are prohibited from using the Sites. We do not knowingly collect any Personal Information from children under the age of 13, or from children. Please contact us by logging into your account here or at info@Amplifysnacks.com if you are aware that we have collected Personal Information from a child who is under the age of 13.
13. CALIFORNIA RESIDENTS RIGHTS
California enacted the CCPA in 2018, and it is effective as of January 1, 2020. The CCPA imposes certain obligations on us and grants certain rights to California residents (“California Resident,” “you” or “your”) with regard to “personal information” (as defined under the CCPA). If you are a California Resident, please review the following information about your potential rights with regard to your personal information under the CCPA. The rights described herein are subject to exemptions and other limitations under applicable law.
Terms used in this section have the meaning ascribed to them in the CCPA. Amplify is a “business.” For purposes of this Section 13 only and with regard to California residents only, Personal Information includes information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a California resident or a household. It does not include de-identified information, aggregate consumer information, or publicly available information, as those terms are defined in the CCPA.
Our Collection and Use of Personal Information. In the preceding 12 months, we may have collected from or about you all of the categories of Personal Information listed in Section 3. We may collect Personal Information from all or some of the categories of sources listed in Section 3. We may collect, use, or sell Personal Information for the business or commercial purposes listed above in Section 4.
Our Disclosure and Sharing of Personal Information. We may disclose your Personal Information to our service providers or other entities that have agreed to limitations on the use of your Personal Information or that fit within other exemptions or exceptions in or as otherwise permitted by the CCPA or other applicable laws.
We also sell Personal Information within the meaning of the CCPA, including the Personal Information of minors under 16 years of age.
In the preceding 12 months, we may have sold the following categories of Personal Information to the following categories of third parties.
Category of Personal Information
Category of Third Party
Identifiers and Similar Information
Certain Protected Information
Internet and Electronic Network Activity Information
Responses to Surveys and Promotional Events
Correspondence and Communications
Professional or Employment-Related Information
Inferences Drawn from Other Information
In the preceding 12 months, we may have disclosed for a business purpose the following categories of Personal Information to the following categories of third parties.
Category of Personal Information
Category of Third Party
Identifiers and Similar Information
Certain Protected Information
Internet and Electronic Network Activity Information
[Responses to Surveys and Promotional Events]
Correspondence and Communications
Professional or Employment-Related Information
Inferences Drawn from Other Information
California Residents’ Rights Under the CCPA If your Personal Information is subject to the CCPA, you may have certain rights with regard to such Personal Information, including the right to:
- Right to Notice. Be informed, at or before the point of collection, of the categories of Personal Information to be collected and the purposes for which the categories of Personal Information shall be used.
- Right to Request to Delete. Request that we delete any Personal Information about you that we have collected or maintained, subject to certain exceptions. We reserve the right to retain, and not to delete, certain Personal Information after receipt of a Request to Delete from you where permitted by the CCPA or where another law or regulation is applicable. We may retain your Personal Information if doing so is necessary for us or our service providers to, for example:
- Comply with a legal obligation.
- Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
- Complete a transaction for which we collect the Personal Information, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you.
- Use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the Personal Information.
- Right to Request to Know. Request that we, as a business that collects Personal Information about you and that sells and discloses for a business purpose Personal Information, disclose to you:
- The categories of Personal Information we have collected about you.
- The categories of sources from which we collected the Personal Information.
- The business or commercial purpose for collecting or selling the Personal Information.
- The categories of third parties with whom we share Personal Information.
- The specific pieces of Personal Information we have collected about you.
- The categories of Personal Information about you we have sold or disclosed for a business purpose.
- Right Not to Be Discriminated Against. Not be discriminated against because you exercised any of your rights under the CCPA.
- Right to Request Opt-Out of Sale. Request that we, as a business that sells Personal Information, not sell your Personal Information. You can exercise your right to opt-out as explained below, including by filling out the interactive form available here.
The CCPA does not restrict Amplify’s ability to do certain things like comply with other laws or comply with regulatory investigations. Amplify also reserves the right to retain, and not to delete, certain Personal Information after receipt of a request to delete where permitted by the CCPA.
How to Submit a Request to Know or to Delete Under the CCPA. If your Personal Information is subject to the CCPA, you may submit a Request to Know and/or a Request to Delete, as described above, by calling the following telephone number 1-800-813-5809, or on https://www.amplifysnackbrands.com/datarequest.
Amplify is required to provide certain information or to delete Personal information only in response to verifiable requests made by a California Resident or their legally authorized agent. We may need to request specific information from you or your agent to help us confirm your identify or your agent’s authorization to act on your behalf and ensure your right to access the requested information. Any information gathered as part of the verification process will be used for verification purposes only.
In order to verify Requests to Know and Requests to Delete, we require you to confirm your email address. We will send you an email at the address you provided. Inside that email are the details of your submitted request. At the bottom of the email you will need to click on the “Confirm Email” button. To facilitate this process, we require that you provide us with the following information: Email Address, First Name, Last Name, Country and State.
If an authorized agent seeks to submit a Request to Know or a Request to Delete on behalf of a California Resident, the authorized agent may do so by the aforementioned methods, however, they must provide: (i) signed authorization from the California Resident authorizing them to act on the California Resident’s behalf, unless they can provide proof that the California Resident has granted them power of attorney pursuant to California Probate Code sections 4000 to 4465; and (ii) proof of their registration with the California Secretary of State to conduct business in California. We also require that the California Resident directly verify their own identity with us and directly confirm with us that they provided the authorized agent permission to submit the request.
We will deliver responses to verifiable consumer requests free of charge either through your online account with us,[if you have such an account already], or, if you do not have a pre-existing online account, by mail or electronically, at your election.
How to Exercise Your Opt-Out Right Under the CCPA. To the extent that we sell your Personal Information as the term “sell” is defined under the CCPA, you have the right to opt-out of the sale at any time.
- How to Submit An Opt-Out Request. You may submit a Request to Opt-Out by: (1) by clicking DO NOT SELL MY INFO and filling out the relevant webform; or (2) calling us toll-free at 1-800-813-5809. Any information we collect as part of the opt-out process will be used for opt-out purposes only.
- Authorized Agents. If an authorized agent seeks to submit a Request to Opt-Out on behalf of a California Resident, the authorized agent may do so by the aforementioned methods, however, they must provide: (i) proof that they have been authorized by the California Resident to act on the California Resident’s behalf; and (ii) proof of their registration with the California Secretary of State to conduct business in California.
Keep in mind that we are not required to comply with a Request to Opt-Out if we have a good-faith, reasonable belief that the Request is fraudulent
14. NEVADA RESIDENTS
Nevada law gives Nevada residents the right to opt-out of the “sale” of certain Personal Information, provided certain requirements are met. Terms used in this section shall have the meaning ascribed to them in the Nevada Privacy Law. For purposes of this section only and with regard to Nevada residents only:
- Personal Information means any one or more of the following items of personally identifiable information about a consumer collected by an operator through an Internet website or online service and maintained by the operator in an accessible form: (i) first and last name; (ii) home or other physical address which includes the name of a street and the name of a city or town; (iii) electronic mail address; (iv) telephone number; (v) social security number; (vi) identifier that allows a specific person to be contacted either physically or online; or (vii) any other information concerning a person collected from the person through the Internet website or online service of Amplify and maintained by Amplify in combination with an identifier in a form that makes the information personally identifiable.
- “Sale” means the exchange of covered information for monetary consideration by the operator to a person for the person to license or sell the covered information to additional persons.
To exercise this right, please send an email to email@example.com, and including “Nevada Do Not Sell Request” in the subject line.