Last Modified and Effective Date: 11/11/2021
At GT’s Living Foods, we value and respect each individual, which includes respecting your privacy. We believe in transparency, particularly with respect to the information we collect from you. This policy explains our privacy practices and the rights and choices available to you with respect to your information.
This Policy does not apply to the practices of third parties who may also collect or receive data in connection with your use of the Sites nor does it apply to information we collect in our capacity as an employer or prospective employer.
Our sites, apps, advertising, and marketing are not directed to children. Our sites, apps, advertising, and marketing for our hard kombucha and Cannabis products are directed specifically for individuals over the legal drinking age or the legal age for the purchase of Cannabis products (where permitted by law) based on the jurisdiction where the sites and apps are accessed or viewed. Our other sites, apps, advertising, and marketing are not directed to individuals under the age of 16. If we obtain actual knowledge that we have collected personal information from someone under 21 with respect to our hard kombucha and Cannabis products, or under 16 with respect to our other products, we will promptly delete such information unless we are legally obligated to retain it. IF YOU HAVE ACCESSED OUR HARD KOMBUCHA OR CANNABIS SITES BY PROVIDING FALSE AGE INFORMATION, YOU MUST IMMEDIATELY LEAVE THE SITES.
INFORMATION WE COLLECT
Personal Information You Provide. In using our Sites, we may request certain information from you. For example, we may ask you to create an account which will require you to provide certain personal information to submit comments, post reviews, and make purchases. You may also voluntarily provide personal information about you and your household while interacting with our Sites. Depending on what you are doing on our Sites, this may include any of the following:
- name, alias, date of birth;
- forms of government identification such as driver’s license, and passport;
- email, home, mailing and IP addresses;
- phone numbers, including mobile numbers;
- account name and details;
- credit card or other payment information;
- records of products purchased;
- passwords and biometric data, including any form of digital identification;
- photographs and videos;
- personal characteristics;
- geolocation data;
- professional, employment-related and education information; or
- other personal information you provide or we infer from information you provide.
You may choose not to provide any of the personal information we request from you, but we may not be able to complete the requested activity without the personal information and the full functionality of the Sites may not be available to you without the requested personal information. If you communicate with us via email, or otherwise establish an account, complete purchases, respond to surveys, or interact with us in any other way online, any information you provide may be collected by us.
Other Information We Collect. We may also collect information that we call usage information through:
- online tracking technologies, including cross-device tracking, such as service file logs, IP address, cookies, tags, pixels, clear pixels, gifs, bugs, beacons, and other similar technologies, some of which may enable us or our service providers to identify you and collect information about you across devices and Sites, including letting us know when an email has been opened;
- your mobile usage, such as your device’s latitude and longitude or your device’s location capabilities;
- your browser or device usage, including your computer type, operating system name and version, IP address, Media Access Control (“MAC”) address, language, Internet browser type and version, and service provider that is often automatically collected by most browsers;
- website analytics and advertising features, such as Google Analytics, Google Analytics Demographics, Google AdSense, Interest Reporting, Adobe Flash technologies, and Quantcast; and
- other sources, such as public databases, joint marketing partners, social media platforms and your connections on social media, public forums, and from other third parties.
Information from Cookies and Tracking. We use “cookies,” “tags,” “pixels,” “clear gifs,” and other similar tracking technologies on our Sites. A cookie is a text file that is placed on your computer or other device when you access the Sites. These technologies allow us to collect information about your interaction with our Sites and advertisements. The information does not usually directly identify you, but it can give you a more personalized experience. Examples of such information include demographic information, browser type, IP address, pages viewed, activity conducted, items in your shopping cart, and timing of your visit. Different types of cookies may be used for different purposes on our Sites. These are known as: required cookies, functional cookies, and advertising cookies. Some cookies may be provided by an external third party to provide additional functionality to our Sites. If you block certain cookies, it may impact your experience of the Sites and the services we are able to offer.
Third-Party Advertising. We may use third-party advertising companies and/or media partners to serve ads on our Sites and/or on the sites where we advertise. These companies may use usage information about your visit to the site in accordance with the policies on the site to provide advertisements about goods and services that may be of interest to you. While serving advertisements, these companies may place or recognize a unique cookie on your browser. In addition, we may use web beacons provided by third-party advertising companies to help manage our online advertising. These web beacons recognize a browser’s cookie when a browser visits our Sites which enables us to learn which advertisements bring users to our Sites. See “Third-Party Analytics” below for additional information.
HOW WE MAY USE YOUR INFORMATION
We use your information for the following business purposes:
- to identify you when you visit our Sites and personalize your experience on our Sites;
- to provide the services you request, fulfill orders, and process transactions;
- to respond to inquiries we receive from you or in connection with a transaction you initiate;
- to analyze, manage and improve our products, services, content, and Sites;
- to use within GT’s Living Foods as we continue to work on bringing excellent products to market;
- to notify you of changes to our terms, conditions, and policies, or of special offers and other services that we believe may be of interest to you or to send you current mailings;
- to provide you with marketing and advertisements about goods and services that may be of interest to you;
- to provide customer service, including order confirmation and abandoned cart emails;
- to notify you that you have been selected as a winner of a contest or sweepstakes;
- to help us diagnose problems with our server or other technical issues relating to the performance of the Sites;
- to comply with applicable law or legal or governmental obligations;
- to ensure adherence to tax or accounting laws, rules, or guidance, or other financial standards, or
- for any other specific business purpose stated at the time you provide your information.
HOW WE MAY DISCLOSE YOUR INFORMATION
We may disclose the information we collect from and about you when we believe that such disclosure is necessary to:
- identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, customers or other users of the Sites, or anyone else who could be harmed by such activities:
- respond to judicial process and provide information to law enforcement agencies, as permitted or required by law, or in the good-faith belief that such action is necessary to comply with laws.
We may share your information with marketing partners to identify and develop products and services that may be of interest to you, to better understand customer interests and preferences, to help us evaluate and improve our marketing and promotional efforts, content, products and services, and to conduct joint marketing programs.
We may share the information we collect from and about you with service vendors/providers that help us with certain business activities, including but not limited to processing payment transactions, administering promotions, fulfilling and shipping your order, assisting us in Site operations, providing customer service (e.g., telephone, online, or via chat bots), and delivering email communications.
We may sell, buy, or merge with other businesses or entities. In such event, we may transfer, assign, or combine the information we have collected, including your personal information, as part of such transaction and your personal information may be included in the transferred, assigned, or combined business assets. We may also share your information as part of the planning and negotiation stages of these types of transactions. Also, in the unlikely event of a bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, sold, or used and your personal information may be included in any set of transferred, sold, assigned, or combined assets.
We may share usage information with certain third parties for direct marketing purposes with respect to special offers, products, services, programs, promotions, surveys, publications, invitations, or other opportunities that may be of interest to certain demographic groups.
Under the laws of some jurisdictions, you may be entitled to request disclosure regarding how we share your usage information with third parties for direct marketing purposes. To the extent required by applicable law, we will provide this information to you upon your written request as set forth below under COPIES, CORRECTIONS, & DELETIONS OF YOUR INFORMATION.
Except as explained above, we will not share any of your personal information with any third party, unless we have received your express permission to do so.
THIRD-PARTY WEBSITES, APPLICATIONS, & PLATFORMS
Our Sites may contain links to other websites, applications, and platforms. We are not responsible for the collection, use, or disclosure of information collected through third-party websites, applications, and platforms, and expressly disclaim any liability related to such collection, use, or disclosure. We are not responsible for any information or content contained on such sites, applications, or platforms. Your browsing, use and interaction on any other sites, applications, and platforms, including those which have a link to our Sites, are subject to the policies of those other sites, applications, and platforms. Please review those policies before sharing any of your personal information.
If you disclose personal information (e.g., name, email address, mobile number, personal photographs) in a community or public forum, including on social media sites and platforms, such information may be collected and used by others and may result in unsolicited messages from other parties. We have no control over this type of use of your personal information and are not responsible for that use. On certain of our Sites, we may enable you to access online communities for sharing information such as messages, photos, and videos. We may also enable you to post content from some of our Sites to your profile on other social media sites or platforms. We do not control any policies or terms of such third parties and encourage you to review all policies of such sites and platforms before interacting with them or sharing your information. Please note that if you provide information to us via a social media site or platform or participate in a social media site or platform linked to our Sites, you consent to our use of your information as if it were submitted to us directly via the Sites.
CHOICES AND OPTING OUT
Email. You will usually be asked to agree to receive communications about special offers or programs from us at the time you provide your email address to us (“Opt-In”). If you provide your email address via a channel that does not include a mechanism for you to affirmatively Opt-In, such as by email, you agree that by providing your email address, you are completing an Opt-In and that you will be responsible for opting out of receiving any future communications about special offers or programs. You can do this by clicking on the link provided at the bottom of each email communication (each an “Opt-Out”).
Mobile Applications. We may offer certain mobile applications for download. We will use commercially reasonable efforts, given the limitations imposed upon us by third-party providers such as Apple and Google, to clearly disclose what, if any, of your information is collected by the app, how it is used, and with whom it is shared. Please note, certain practices are outside of our control, for example, tracking by Google, Apple, or your wireless carrier, and we are not responsible for their tracking of your information. You should always read and understand the policies of any third-party provider, such as Google with respect to Android apps and Apple with respect to IOS apps, and your wireless carrier, before making any purchase or downloading any app.
Text Messaging (SMS AND MMS). We may run certain campaigns that provide you with the ability to send a text message and elect to receive future text messages, also referred to as an “Opt-In.” Your Opt-In request provides us with your mobile phone number. If you choose to Opt-In, you agree that we may, from time to time, send messages to the mobile device associated with that number about new products, promotions, services or offers. Although there is no fee associated with our service, your carrier may charge you for each message you receive in accordance with your calling plan. You agree that we are not responsible in any way for such charges. If you do not wish to continue to receive any messages via your mobile device, you may Opt-Out at any time by following the instructions provided in the text message, which will typically be to respond to the text you received from us with the word “STOP.” Your carrier may also charge you for this message in accordance with your calling plan. Failure to Opt-Out constitutes your consent to continue to receive these messages until you elect to Opt-Out, and you release us from any carrier charges associated with such messages.
Browser Cookies. Your browser may have an option that allows you to accept cookies, reject cookies, or receive notification when a cookie is sent, but you should note that the use of such restrictive browser settings may limit your use of the Sites. Refer to your browser “Help” instructions to learn more about cookies and other tracking devices and how to manage their use. You can find more information about cookies, including how to set your internet browser to reject cookies, at https://www.allaboutcookies.org/.
Do Not Track. While some browsers have a “do not track” feature, we do not currently recognize browser based “do not track” requests because these features are not yet uniform. To find out more about “do not track,” you can visit https://allaboutdnt.com/.
Ad Tracking. Certain devices may allow you to limit ad tracking. You should refer to the settings on your device for information on how to disable ad tracking on any individual device.
- Google Analytics: For more information on how to opt out of our use of Google Analytics and our use of its Advertising Features visit https://tools.google.com/dlpage/gaoptout and
- Quantcast: For more information or to opt-out of Quantcast, visit https://www.quantcast.com/opt-out/
- DAA Opt-Out Page: Users can opt out of additional tracking and targeted advertising, including Google Analytics and Quantcast, via the Digital Advertising Alliance’s (“DAA”) opt-out page https://optout.aboutads.info/ and the Networking Advertising Initiatives’ (“NAI”) opt-out page https://optout.networkadvertising.org/
COPIES, CORRECTIONS, & DELETIONS OF YOUR INFORMATION
If you would like to obtain a copy of the personal information gathered by our Sites or correct or delete any of your personal information from our database, please contact us:
GT’s Living Foods LLC
P.O. Box 2352
Beverly Hills, CA 90213
Toll Free Phone Number: 1-877-735-8423
Please note that email communications are not always secure, so please do not include any sensitive information, including credit card information, in any email you send us.
Once we receive your request for removal, we may request proof of identity and take steps to verify your identity before fulfilling your request. We will remove your information from our records unless we have a specific legal requirement or legitimate interest to retain your information. However, except where prohibited by law, we may decide not to grant access or make revisions where the burden or expense of doing so would be disproportionate to the risks to the individual’s privacy in any given case, or when the rights of others would be violated by doing so. Any requested deletions or changes may not be effective immediately. We will aim to address your request as soon as practicable.
We take commercially reasonable precautions and have implemented commercially reasonable technical measures to protect against the risks of unauthorized access to, erroneous disclosure of, and unlawful interception of personal information submitted via the Sites or otherwise collected or possessed by us. However, your email transmissions and/or other communications containing personal information may be unlawfully intercepted or accessed by third parties and/or the Sites may be subject to hostile network attacks or administrative errors. We do not guarantee the security of any information transmitted over the Internet or wireless networks. Once we receive your personal information, we take commercially reasonable steps to limit access to your personal information to only those employees and service providers we determine need access to the personal information to provide the requested products, services, offers or opportunities that may be of interest to you. However, we cannot guarantee that your personal information may not be accessed, disclosed, altered, or destroyed due to a result of a breach of our commercially reasonable efforts or as a result of any other event beyond our reasonable control. Accordingly, we cannot and do not guarantee that your personal information is completely secure and safe from such risks. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING, OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR PERSONAL OR USAGE INFORMATION. If 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).
ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS
Under California’s “Shine the Light” law, California residents are entitled to ask us for a notice identifying the categories of personal information we share with our affiliates and/or third parties for their own direct marketing purposes and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this information, please submit a written request to us as set forth under COPIES, CORRECTIONS, & DELETIONS OF YOUR INFORMATION. You must put the statement “Your California Privacy Rights” in your request and include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.
NOTICE OF RIGHT TO OPT-OUT FOR CALIFORNIA RESIDENTS
- Other “Sales” – To exercise your right to opt out of any other “sales” of your personal information, please use one of the two options below. Please note that we may need to verify your identity before acting on a request.
- Email request. Please email firstname.lastname@example.org and include “California Request to Opt-Out” in the subject line of your email.
- Toll-Free Phone Number. Please call 1-877-735-8423 Monday through Friday, 9am to 5pm PST.
NOTE TO USERS OUTSIDE THE UNITED STATES
- the transfer of your information to the United States and around the world, including to places that may have less stringent privacy laws than the laws in your country of residence;
- the exclusive jurisdiction of JAMS in Los Angeles, California pursuant to the Federal Arbitration Act.
ADDITIONAL INFORMATION FOR UK & EU RESIDENTS
In relation to our use of affiliates, service providers, or suppliers that are “processors” of your information that is collected in the UK or an EU member country and then transferred outside the UK or the EU (respectively), we enter into data transfer agreements and use approved Standard Contractual Clauses.
Legal Basis for Processing. All processing (i.e., collection and use) of your information is based on one or more of a number of legal conditions. Generally, these include:
- your consent (e.g., to create an account with us, to place cookies which process information, or to receive marketing communications from us);
- the performance of our contract with you (e.g., to process your payment or shipping information in order to fulfil your order);
- compliance with a legal obligation (e.g., where we are required to disclose information to a court or a tax authority); and
- our legitimate interests, provided these do not override your fundamental rights and freedoms (e.g., where we carry out research and analysis to improve our Sites, products, and services).
Rights of UK & EU Residents. Subject to applicable law and the applicability to our Sites and activities, as a resident of the UK or the EU, you may have certain rights with respect to your information. These rights include some of the following:
- to be informed of what information we are collecting, how long it will be kept, and whether it will be shared with third parties;
- to obtain a copy of your information together with information about how and on what basis that information is processed;
- to rectify inaccurate information (including the right to have incomplete information completed);
- to erase your information (in limited circumstances, where it is no longer necessary in relation to the purposes for which it was collected or processed);
- to restrict processing of your information where the accuracy of the information is contested or we no longer require the information but it is still required for the establishment, exercise, or defense of a legal claim;
- to challenge processing which we have justified based on a legitimate interest (as opposed to your consent, or to perform a contract with you);
- to withdraw your consent to our processing of your information (where that processing is based on your consent);
- to prevent us from sending you direct marketing;
- to object to decisions which are based solely on automated processing or profiling; and
- to obtain or see a copy of the appropriate safeguards under which your information is transferred to a third country or international organization.
In addition to the above, you may have the right to lodge a complaint with your local supervisory authority.
You may contact us using the details above under COPIES, CORRECTIONS, & DELETIONS OF YOUR INFORMATION to notify us that you believe you are entitled to exercise the rights outlined above. If we determine your request is applicable to your information, our activities and/or Sites, we will request proof of identity, and verify your identity. Additionally, we reserve the right to charge a fee where permitted by law, including, for example, if your request is manifestly excessive or unfounded. Lastly, we will respond to your requests within the applicable timeframes and consistent with applicable laws and regulations.