Effective Date: April 18, 2019
“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.
INFORMATION WE COLLECT
Personal Information You Provide To Us. We 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. Personal Information you provide us includes your name, company name, title, address, phone number, fax number and email address. It may also include information about the products or services you have shown interest in or purchased from us. 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.
Site Usage Information We Collect. 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 comments regarding our products and services.
- 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
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 specific Analytic Technologies that we use are:
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.
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 the purpose of administering the promotion and only in accordance with stated rules.
Referrals. If we use Personal Information we received from third parties (described below) 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.
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.
WITH WHOM WE MAY SHARE INFORMATION
Outside of Amplify. We will not share your Personal Information with third parties outside of Amplify for their marketing purposes without your consent or as required by law. From time to time, 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, please contact us as indicated below under the section “Choice and Updating Your Information and Preferences” below. We will 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.
Subcontractors. We may from time to time use subcontractors to perform services on our behalf, such as:
- 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.
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.
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.
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.
Promotions. We may offer various promotions through the Sites or elsewhere that may require registration with your Personal Information. 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.
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.
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. 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 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.
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.
We encourage you to contact us with any questions or concerns you may have about the way we process your Personal Information by contacting us at the address set forth below.
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 if you are aware that we have collected Personal Information from a child who is under the age of 13.