Privacy policy

Last Updated: 5/6/2024

This Privacy Policy governs the websites (each a “Site”), apps (each an “App”), offline locations or services (collectively, the “Services”) owned and operated by Orgain, LLC, a Nestlé Health Science U.S. company, or its affiliates and subsidiaries (referred to herein as “Orgain,” “we,” “us,” or “our” as applicable) that display, reference, or link to this Privacy Policy. Please read it carefully to learn how we collect, use, share, and otherwise process Personal Information, and to learn about your rights and choices regarding such Personal Information. 

By visiting or using the Services you agree to the collection, use, and disclosure of your Personal Information as described in this Privacy Policy. If you do not agree, please do not access or use the Services.

NOTICE AT COLLECTION

We collect Personal Information as detailed here and in our Privacy Policy. The following serves as our notice at collection of Personal Information in accordance with applicable U.S. state privacy laws. As defined by applicable law, we may “sell” or “share” certain Personal Information. If you would like to opt out of the sale or sharing of your Personal Information, including targeted advertising, you may do so by clicking the
"Your Privacy Choices" link found on our Site footer and following the instructions in the pop-up window. You may also choose to enable online, where available, a universal tool that automatically communicates your opt-out preferences, such as the Global Privacy Control (“GPC”). We will process the GPC signal as a request to opt out.

We keep Personal Information as long as it is necessary or relevant for the practices described in this Privacy Policy. We also keep Personal Information as otherwise required by law. What this means in practice will vary between different types of information, and when we consider our approach we take into account ongoing business or legal needs for the information, for example in relation to tax, health and safety, and potential or actual disputes or investigations. If you wish to cancel your account or request that we no longer use your Personal Information to provide you services, please contact us through the means set forth in the “How to Contact Us” section.

What categories of Personal Information do we collect?	What are the purposes for which we collect and use your Personal Information?
- *Identifiers: This includes your name, mailing address, email address, mobile and telephone phone number, IP address, social network details, or other similar identifiers. - Any Personal Information Described in Subdivision (e) of Section 1798.80, including:* - *Account Login Data.* Any data that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer. - *Social* *Media Information.* This includes information you post on our social media pages. This also includes your social media profile information. - *Technical* *Information.* This includes your mobile advertising ID, web browser type and version, device characteristics, and operating system. This also includes data about the computer system or other technological device that you use to access the Services, such as the IP address used to connect your computer or device to the Internet and other online identifiers. If you access the Services via a mobile device such as a smartphone, the collected data will also include, where permitted, your phone’s unique device ID, and other similar mobile device data. - *Marketing and Communications Information.* This includes your preferences in receiving marketing, promotions, and sales offers and other types of communications from us. - *Other* *Information You Provide to Us.* This includes the content of your communications with us, photographs you share with us as part of a sweepstakes or contest, and information you post or disclose through the Services (e.g., ratings and reviews), in blogs, on message boards, in chat rooms, or in other public areas. - *Usage* *Information.* This includes how you interact with the Services. For example, if you use our Apps, we may look at how often you use the App and where you downloaded it. - *Payment* *and Financial Information. This includes your method of payment (e.g., bank details and credit, debit, or other payment card information), bank account number, and billing address. This also includes any data that we need to fulfil an order, or that you use to make a purchase, or other forms of payment (if such are made available). - Transactional Information.* When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and date and location of the transaction. - *Demographic Data & Interests.* Any data that describes your demographic or behavioral characteristics. Examples include your date of birth, age range, geographic location (e.g., ZIP code), favorite products, hobbies and interests, and household or lifestyle data. In some cases, this could include data that you give us about someone else. For example, if you provide a friend’s email address for a refer-a-friend program. If you are a health care professional, we may collect data about your practice. - *Third-Party Social Network Data.* Any data that you share publicly on a third-party social network or data that is part of your profile on a third-party social network (such as Facebook) and that you allow the third-party social network to share with us. Examples include your basic account data (e.g., name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional data or activities that you permit the third-party social network to share. We receive your third-party social network profile data (or parts of it) when you download or interact with the Services on a third-party social network such as Facebook, when you use a social networking feature that is integrated within one of the Services (such as Facebook Connect) or every time you interact with us through a third-party social network. To learn more about how your data from a third-party social network is obtained by us, or to opt out of sharing such social network data, please visit the website of the relevant third-party social network. - *Comments, Discussion, and Chat Data.* This includes data relating to chat bots, interactive features, upload content and images. - *Characteristics of Protected Classifications under California or Federal Law:* This includes your age and gender. - *Commercial Information:* This includes information about the products or services purchased, obtained, considered, or returned, as well as other purchasing or consuming histories, behaviors or tendencies, and the following: - *Consumer-Generated Content.* Any content that you create and then share with us on the Services. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, we collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, and consumer engagement. - *Market Research & Consumer Feedback.* Any information that you share with us about your experience of using our products and services. - *Internet or other Electronic Network Activity Information:* This includes information related to your browsing history, search history and other information regarding your interactions with the Services or advertisements, including, without limitation, actions you perform (e.g., clicks, mouse movements, keystrokes, and entering and submitting information) on the Services. As you navigate through and interact with the Services, or our communications, we may use automatic data collection technologies to collect certain data about your device(s) and your actions. This includes data such as which links you click on, which pages or content you view and for how long, and other similar data and statistics about your interactions, such as content response times, download errors, and length of visits to certain pages, as well as operating system type and web browser type and version. - *Audio, Electronic, Visual, or Similar Information:* This data may include photos and videos that you share with us as consumer-generated content or via third-party social networks, as well as recordings of and information you provide during your conversations with us. We may also visually record your interactions with the Services, including your mouse clicks, movement, scrolling, and navigation through the Services. This does not include any data from your device’s camera. - *Inferences:* We collect profile inferences that we draw from your information and web activity to create a personalized profile so we can better identify goods and services that may be of interest to you. - *Sensitive Personal Information:* This includes health information, medical conditions, nutrition, supplement intake, dietary preferences, weight and fitness-related goals/activities, and exercise habits and goals.	- *To Communicate with You.* We use Personal Information (e.g., your contact information) to respond to your questions and comments when you communicate with us through links or pages through the Services, such as the "Contact Us" feature, and to send you administrative information (e.g., information regarding the Services and changes to our terms, conditions, and other policies). - *To Process Your Transactions.* If you purchase products from us on or through the Services, we use your Personal Information, such as your contact information and payment information to process your purchase, confirm your order, and deliver the items to you. - *To Administer the Services.* We use your Personal Information to administer the Services and carry out any other business activities. - *Abandoned Cart.* We use cookies to help keep track of the items you put into your cart, including when you have abandoned your cart, and use this information to determine when to send a cart reminder via SMS or other channels. - *To Provide You with Personalized Recommendations.* If you choose to complete assessments in the Services, we will use information that you provide (including health information if you provide it to us in this manner) to send you personalized product recommendations and other information that we believe may be of interest to you. We also use your Personal Information to provide you with targeted advertising and content, and to allow you to participate in interactive features, when you choose to do so. For example, we remember your login ID/email address or screen name so that you can quickly login the next time you visit the Services or so that you can easily retrieve the items you previously placed in your shopping cart. - *Third-Party Social Networks.* We use your Personal Information when you interact with third-party social networking features, such as “Like” functions, to serve you with advertisements and engage with you on third-party social networks. You can learn more about how these features work and the profile data that we obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third-party social networks. - *To Perform Analyses.* We use your Personal Information to perform business analyses or for other purposes designed to improve the quality of our business and the Services we offer. - *To Prevent and Detect Fraud and Other Crimes.* We use your Personal Information to help prevent and detect fraud and other crimes that might be committed using or against the Services. We may use your information to investigate possible violations of and enforce our contracts. We may also use your Personal Information to protect our or others’ rights, privacy, safety, or property, and/or that of our affiliates. We do this to protect our business assets and to comply with our legal obligations. - *To Manage and Operate Our IT Systems.* We use your Personal Information to help us in troubleshooting, testing, maintaining, and protecting our IT systems, including our Sites. - *To Comply with Legal and Regulatory Obligations.* We use your Personal Information to comply with our legal and regulatory obligations, which arise from time to time. For instance, we may use your contact information to alert you if a product is recalled. - *Email Newsletters, Text Campaigns, and Promotions.* If you’ve requested marketing communications, we will use your Personal Information, including your contact information, to send you our newsletters, exclusive offers, promotions, and loyalty rewards program updates if applicable, and product news through email and text messages. We may also use your Personal Information to administer our promotions and loyalty rewards programs as applicable. - *Surveys, Sweepstakes, and Message Boards.* If you use features, such as surveys, polls, sweepstakes, and message boards in the Services, we will use your Personal Information, including your contact information, to enable your participation. *Additional Purposes:* - *Aggregate or Anonymous Personal Information.* We use Personal Information you provide to us regarding the Services to provide product feedback to our customers in aggregated form. We may also use Personal Information in an aggregated non-specific format for analytical and demographic purposes. - *As Otherwise Permitted by Law or as We May Notify You.* We may also use information you provide to us for other purposes as disclosed at the time you provide your information or otherwise with your consent.

What categories of Personal Information do we collect?

What are the purposes for which we collect and use your Personal Information?

- Identifiers: This includes your name, mailing address, email address, mobile and telephone phone number, IP address, social network details, or other similar identifiers.

- Any Personal Information Described in Subdivision (e) of Section 1798.80, including:

- Account Login Data. Any data that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.

- Social Media Information. This includes information you post on our social media pages. This also includes your social media profile information.

- Technical Information. This includes your mobile advertising ID, web browser type and version, device characteristics, and operating system. This also includes data about the computer system or other technological device that you use to access the Services, such as the IP address used to connect your computer or device to the Internet and other online identifiers. If you access the Services via a mobile device such as a smartphone, the collected data will also include, where permitted, your phone’s unique device ID, and other similar mobile device data.

- Marketing and Communications Information. This includes your preferences in receiving marketing, promotions, and sales offers and other types of communications from us.

- Other Information You Provide to Us. This includes the content of your communications with us, photographs you share with us as part of a sweepstakes or contest, and information you post or disclose through the Services (e.g., ratings and reviews), in blogs, on message boards, in chat rooms, or in other public areas.

- Usage Information. This includes how you interact with the Services. For example, if you use our Apps, we may look at how often you use the App and where you downloaded it.

- Payment and Financial Information. This includes your method of payment (e.g., bank details and credit, debit, or other payment card information), bank account number, and billing address. This also includes any data that we need to fulfil an order, or that you use to make a purchase, or other forms of payment (if such are made available).

- Transactional Information. When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and date and location of the transaction.

- Demographic Data & Interests. Any data that describes your demographic or behavioral characteristics. Examples include your date of birth, age range, geographic location (e.g., ZIP code), favorite products, hobbies and interests, and household or lifestyle data. In some cases, this could include data that you give us about someone else. For example, if you provide a friend’s email address for a refer-a-friend program. If you are a health care professional, we may collect data about your practice.

- Third-Party Social Network Data. Any data that you share publicly on a third-party social network or data that is part of your profile on a third-party social network (such as Facebook) and that you allow the third-party social network to share with us. Examples include your basic account data (e.g., name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional data or activities that you permit the third-party social network to share. We receive your third-party social network profile data (or parts of it) when you download or interact with the Services on a third-party social network such as Facebook, when you use a social networking feature that is integrated within one of the Services (such as Facebook Connect) or every time you interact with us through a third-party social network. To learn more about how your data from a third-party social network is obtained by us, or to opt out of sharing such social network data, please visit the website of the relevant third-party social network.

- Comments, Discussion, and Chat Data. This includes data relating to chat bots, interactive features, upload content and images.

- Characteristics of Protected Classifications under California or Federal Law: This includes your age and gender.

- Commercial Information: This includes information about the products or services purchased, obtained, considered, or returned, as well as other purchasing or consuming histories, behaviors or tendencies, and the following:

- Consumer-Generated Content. Any content that you create and then share with us on the Services. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, we collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, and consumer engagement.

- Market Research & Consumer Feedback. Any information that you share with us about your experience of using our products and services.

- Internet or other Electronic Network Activity Information: This includes information related to your browsing history, search history and other information regarding your interactions with the Services or advertisements, including, without limitation, actions you perform (e.g., clicks, mouse movements, keystrokes, and entering and submitting information) on the Services. As you navigate through and interact with the Services, or our communications, we may use automatic data collection technologies to collect certain data about your device(s) and your actions. This includes data such as which links you click on, which pages or content you view and for how long, and other similar data and statistics about your interactions, such as content response times, download errors, and length of visits to certain pages, as well as operating system type and web browser type and version.

- Audio, Electronic, Visual, or Similar Information: This data may include photos and videos that you share with us as consumer-generated content or via third-party social networks, as well as recordings of and information you provide during your conversations with us. We may also visually record your interactions with the Services, including your mouse clicks, movement, scrolling, and navigation through the Services. This does not include any data from your device’s camera.

- Inferences: We collect profile inferences that we draw from your information and web activity to create a personalized profile so we can better identify goods and services that may be of interest to you.

- Sensitive Personal Information: This includes health information, medical conditions, nutrition, supplement intake, dietary preferences, weight and fitness-related goals/activities, and exercise habits and goals.

- To Communicate with You. We use Personal Information (e.g., your contact information) to respond to your questions and comments when you communicate with us through links or pages through the Services, such as the "Contact Us" feature, and to send you administrative information (e.g., information regarding the Services and changes to our terms, conditions, and other policies).

- To Process Your Transactions. If you purchase products from us on or through the Services, we use your Personal Information, such as your contact information and payment information to process your purchase, confirm your order, and deliver the items to you.

- To Administer the Services. We use your Personal Information to administer the Services and carry out any other business activities.

- Abandoned Cart. We use cookies to help keep track of the items you put into your cart, including when you have abandoned your cart, and use this information to determine when to send a cart reminder via SMS or other channels.

- To Provide You with Personalized Recommendations. If you choose to complete assessments in the Services, we will use information that you provide (including health information if you provide it to us in this manner) to send you personalized product recommendations and other information that we believe may be of interest to you. We also use your Personal Information to provide you with targeted advertising and content, and to allow you to participate in interactive features, when you choose to do so. For example, we remember your login ID/email address or screen name so that you can quickly login the next time you visit the Services or so that you can easily retrieve the items you previously placed in your shopping cart.

- Third-Party Social Networks. We use your Personal Information when you interact with third-party social networking features, such as “Like” functions, to serve you with advertisements and engage with you on third-party social networks. You can learn more about how these features work and the profile data that we obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third-party social networks.

- To Perform Analyses. We use your Personal Information to perform business analyses or for other purposes designed to improve the quality of our business and the Services we offer.

- To Prevent and Detect Fraud and Other Crimes. We use your Personal Information to help prevent and detect fraud and other crimes that might be committed using or against the Services. We may use your information to investigate possible violations of and enforce our contracts. We may also use your Personal Information to protect our or others’ rights, privacy, safety, or property, and/or that of our affiliates. We do this to protect our business assets and to comply with our legal obligations.

- To Manage and Operate Our IT Systems. We use your Personal Information to help us in troubleshooting, testing, maintaining, and protecting our IT systems, including our Sites.

- To Comply with Legal and Regulatory Obligations. We use your Personal Information to comply with our legal and regulatory obligations, which arise from time to time. For instance, we may use your contact information to alert you if a product is recalled.

- Email Newsletters, Text Campaigns, and Promotions. If you’ve requested marketing communications, we will use your Personal Information, including your contact information, to send you our newsletters, exclusive offers, promotions, and loyalty rewards program updates if applicable, and product news through email and text messages. We may also use your Personal Information to administer our promotions and loyalty rewards programs as applicable.

- Surveys, Sweepstakes, and Message Boards. If you use features, such as surveys, polls, sweepstakes, and message boards in the Services, we will use your Personal Information, including your contact information, to enable your participation.

Additional Purposes:

- Aggregate or Anonymous Personal Information. We use Personal Information you provide to us regarding the Services to provide product feedback to our customers in aggregated form. We may also use Personal Information in an aggregated non-specific format for analytical and demographic purposes.

- As Otherwise Permitted by Law or as We May Notify You. We may also use information you provide to us for other purposes as disclosed at the time you provide your information or otherwise with your consent.

TYPES OF PERSONAL INFORMATION WE COLLECT

When information identifies or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, we refer to it as “Personal Information,” which we collect from you and about you. This may include:

Personal Information Categories	Specific Personal Information
Identifiers	We may collect your name, mailing address, email address, mobile and telephone phone number, IP address, social network details, or other similar identifiers.
Any Personal Information Described in Subdivision (e) of Section 1798.80	We may collect the following: - *Account Login Data.* Any data that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer. - *Social Media Information.* This includes information you post on our social media pages. This also includes your social media profile information. - *Technical Information. This includes your mobile advertising ID, web browser type and version, device characteristics, and operating system. This also includes data about the computer system or other technological device that you use to access the Services, such as the IP address used to connect your computer or device to the Internet and other online identifiers. If you access the Services via a mobile device such as a smartphone, the collected data will also include, where permitted, your phone’s unique device ID, and other similar mobile device data. - Usage Information.* This includes how you interact with the Services. For example, if you use our Apps, we may look at how often you use the App and where you downloaded it. - *Marketing and Communications Information.* This includes your preferences in receiving marketing, promotions, and sales offers and other types of communications from us. - *Payment and Financial Information.* This includes your method of payment (e.g., bank details and credit, debit, or other payment card information), bank account number, and billing address. This also includes any data that we need to fulfil an order, or that you use to make a purchase, or other forms of payment (if such are made available). - *Transactional Information. When you make a purchase or return, we collect information about the transaction, such as product details, purchase price, and date and location of the transaction. - Demographic Data & Interests.* Any data that describes your demographic or behavioral characteristics. Examples include your date of birth, age range, geographic location (e.g., ZIP code), favorite products, hobbies and interests, and household or lifestyle data. In some cases, this could include data that you give us about someone else. For example, if you provide a friend's email address for a refer-a-friend program. If you are a health care professional, we may collect data about your practice. - *Third-Party Social Network Data.* Any data that you share publicly on a third-party social network or data that is part of your profile on a third-party social network (such as Facebook) and that you allow the third-party social network to share with us. Examples include your basic account data (e.g., name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional data or activities that you permit the third-party social network to share. We receive your third-party social network profile data (or parts of it) when you download or interact with the Services on a third-party social network such as Facebook, when you use a social networking feature that is integrated within one of the Services (such as Facebook Connect) or every time you interact with us through a third-party social network. To learn more about how your data from a third-party social network is obtained by us, or to opt out of sharing such social network data, please visit the website of the relevant third-party social network. - *Comments, Discussion, and Chat Data.* This includes data relating to chat bots, interactive features, upload content and images. - *Other Information You Provide to Us.* This includes the content of your communications with us, photographs you share with us as part of a sweepstakes or contest, and information you post or disclose through the Services (e.g., ratings and reviews), in blogs, on message boards, in chat rooms, or in other public areas.
Characteristics of Protected Classifications under California or Federal Law.	We may collect your age and gender.
Commercial Information	We may collect information about the products or services purchased, obtained, considered, or returned, as well as other purchasing or consuming histories, behaviors or tendencies, and the following: - *Consumer-Generated Content. Any content that you create and then share with us on the Services. Examples include photos, videos, personal stories, or other similar media or content. Where permitted, we collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, and consumer engagement. - Market Research & Consumer Feedback.* Any information that you share with us about your experience of using our products and services.
Internet or other Electronic Network Activity Information	This includes information related to your browsing history, search history and other information regarding your interactions with the Services or advertisements, including, without limitation, actions you perform (e.g., clicks, mouse movements, keystrokes, and entering and submitting information) on the Services. As you navigate through and interact with the Services, or our communications, we may use automatic data collection technologies to collect certain data about your device(s) and your actions. This includes data such as which links you click on, which pages or content you view and for how long, and other similar data and statistics about your interactions, such as content response times, download errors, and length of visits to certain pages, as well as operating system type and web browser type and version.
Audio, Electronic, Visual, or Similar Information	This data may include photos and videos that you share with us as consumer-generated content or via third-party social networks, as well as recordings of and information you provide during your conversations with us. We may also visually record your interactions with the Services, including your mouse clicks, movement, scrolling, and navigation through the Services. This does not include any data from your device’s camera.
Inferences Drawn From The Above	We collect profile inferences that we draw from your information and web activity to create a personalized profile so we can better identify goods and services that may be of interest to you.
Sensitive Personal Information	This includes health information, medical conditions, nutrition, supplement intake, dietary preferences, weight and fitness-related goals/activities, and exercise habits and goals. To the extent that Personal Information regarding medical conditions is stored, we may in certain circumstances be required to disclose it to third parties, including but not limited to, the following: the Food and Drug Administration pursuant to adverse events, public health authorities relative to preventing or controlling disease, as required by federal, state, or local law or as required pursuant to subpoena or court order.

HOW WE COLLECT YOUR PERSONAL INFORMATION

There are several ways we may obtain information about you, including through (A) information you provide to us directly through both online and offline interactions; (B) information that we automatically collect when you use the Services; and (C) information we receive from third parties. This includes data that identifies you personally whether directly or indirectly.

Information You Provide

We collect information from you when you or someone acting on your behalf choose to share it with us. This may include when you create an account with or register a product purchase with us; contact us with questions or to provide feedback; subscribe to our mailing lists or otherwise agree to receive marketing communications from us; enter competitions, promotions, quizzes, or surveys we run from time to time; become a member of a loyalty rewards program; or when you interact with us offline through in-person interactions.

Information Automatically Collected

Whenever you visit or interact with the Services, we, as well as third-party advertisers and/or service providers, may use cookies, web beacons, pixel tags, or other technologies to automatically or passively collect information about your online activity. As you interact with our Services, we may automatically collect technical information about your device as well as usage information through these and other similar technologies. We may also collect certain information through these technologies when you visit other websites.

Information Collected From Other Sources

We may collect information about you from third parties and commercially-available sources, including from social media providers, survey providers, data aggregators, data brokers, and public or commercially-available databases. We may collect information about your interactions with our ads on third-party sites. We may also collect information about you from our service providers, affiliates, and business partners, or if it is provided in connection with our Ambassador Program. Details on that program are available here.

We may combine the various types of information we collect about you and use it as described in this Privacy Policy.

HOW WE USE THE PERSONAL INFORMATION WE COLLECT

We may use the information we collect from and about you for a variety of business and commercial purposes, including:

Communicating with You. We use Personal Information (e.g., your contact information) to respond to your questions and comments when you communicate with us through links or pages in the Services, such as the "Contact Us" feature, and to send you administrative information (e.g., information regarding the Services and changes to our terms, conditions, and other policies).

Processing Your Transactions. If you purchase products from us on or through the Services, we use your Personal Information, such as your contact information and payment information to process your purchase, confirm your order, and deliver the items to you.

Administering the Services. We use your Personal Information to administer the Services and carry out any other business activities.

Abandoned Cart. We use technologies to help keep track of the items you put into your cart, including when you have abandoned your cart, and use this information to determine when to send a cart reminder via SMS or other channels.

Providing You with Personalized Recommendations. If you choose to complete assessments in the Services, we will use information that you provide to send you personalized product recommendations and other information that we believe may be of interest to you. We also use your Personal Information to provide you with targeted advertising and content, and to allow you to participate in interactive features, when you choose to do so. For example, we remember your login ID/email address or screen name so that you can quickly login the next time you visit the Services or so that you can easily retrieve the items you previously placed in your shopping cart.

Third-Party Social Networks. We use your Personal Information when you interact with third-party social networking features, such as “Like” functions, to serve you with advertisements and engage with you on third-party social networks. You can learn more about how these features work and the profile data that we obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third-party social networks.

Performing Analyses. We use your Personal Information to perform business analyses or for other purposes designed to improve the quality of our business and the Services we offer.

Preventing and Detecting Fraud and Other Crimes. We use your Personal Information to help prevent and detect fraud and other crimes that might be committed using or against the Services. We may use your Personal Information to investigate possible violations of and enforce our contracts. We may also use your Personal Information to protect our or others’ rights, privacy, safety or property, and/or that of our affiliates. We do this to protect our business assets and to comply with our legal obligations.

Managing and Operating Our IT Systems. We use your Personal Information to help us in troubleshooting, testing, maintaining, and protecting our IT systems, including our Sites.

Complying with Legal and Regulatory Obligations. We use your Personal Information to comply with our legal and regulatory obligations, which arise from time to time. For instance, we may use your contact information to alert you if a product is recalled.

Email Newsletters, Text Campaigns, and Promotions. If you’ve requested marketing communications, we will use your Personal Information, including your contact information, to send you our newsletters, exclusive offers, promotions, and loyalty rewards program updates if applicable, and product news through email and text messages. We may also use your Personal Information to administer our promotions and loyalty rewards programs as applicable.

Surveys, Sweepstakes, and Message Boards. We use your Personal Information, including your contact information, to enable you to voluntarily participate in features, such as surveys, polls, sweepstakes, and message boards in the Services.

To exercise choices for marketing purposes, please see the “Marketing Choices” section of this Privacy Policy.

Aggregating and/or Anonymizing Personal Information. We use Personal Information you provide to us regarding the Services to provide product feedback to our customers in aggregated form. We may also use Personal Information in an aggregated non-specific format for analytical and demographic purposes.

As Otherwise Permitted by Law or as We May Notify You. We may also use information you provide to us for other purposes as disclosed at the time you provide your information or otherwise with your consent.

TO WHOM WE DISCLOSE PERSONAL INFORMATION

Affiliates. We are affiliated with a number of other health and wellness brands (collectively, our “Affiliates”). We may share your Personal Information with our Affiliates to send you promotions, information about sales and offers, and newsletters in which you have indicated interest and for legal and other business purposes.

Other Entities. We will disclose your Personal Information to the following types of entities:

Service Providers. We may share your Personal Information with our service providers (such as vendors and consultants) that perform certain functions or services on our behalf to fulfill the services you request from us. These include companies that host our Services, manage databases, perform analyses, send communications for us, process payments on our behalf, ship your orders, provide you with live chat service, or provide certain other components of the Services. Our service providers are not authorized to use or disclose the Personal Information we share with them for any purpose other than performing services on our behalf.

Analytics and Advertising Partners. We may use third-party analytics and tracking tools to better understand who is using or how to improve the effectiveness of the Services and related content, and to help us or those third parties serve more targeted advertising to you across the Internet, including social media platforms, third-party advertising networks, and other parties that assist us in serving and optimizing our advertisements. These tools may combine information collected from your interaction with our Services with information collected from other sources. For instance, we use analytics tools provided by Google to help us understand how people use the Services. If you wish to prevent your data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on available here.

Business Partners. We may share your Personal Information with companies with whom we partner to offer goods or services (e.g., joint products or promotions).

Credit Reporting Agencies/Debt Collectors. To the extent permitted by applicable law, we may share your Personal Information with credit reporting agencies and debt collectors, which are external companies that we use to help us to verify your creditworthiness (in particular for orders with invoice) or to collect outstanding invoices.

Authenticating Partners. You may choose to access the Services on or through a third party through a single sign on option (e.g., through social networks, sometimes through share buttons; third party accounts that users can connect to their account on our Services). If you do so, they may share Personal Information with us, and we may share Personal Information with them to facilitate and support the single sign-on feature.

With Other Users of the Services. We or you may voluntarily share Personal Information with other users of the Services, such as if you submit a product review, post content in a public area of the Services, or to identify you to anyone to whom you send messages through the Services.

Sponsors or Administrators. We may share your Personal Information to third-party sponsors or administrators of sweepstakes, contests, and similar promotions.

Competent Governmental and Public Authorities. We may share your Personal Information with governmental authorities if we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity or a violation of our Terms and Conditions (posted at the footer of our Site) or other contracts.

Third Parties Pursuant to Legal Process. We may share your Personal Information to the extent necessary to respond to subpoenas, court orders, or other legal process; in response to a request for cooperation from law enforcement or a government agency; or to otherwise comply with our other legal and regulatory obligations.

Relevant Third Parties as Part of a Transaction. To advance our lawful commercial interests, we may share your Personal Information with certain third parties (including our professional advisers) in connection with a corporate transaction, such as a sale, assignment, divestiture, merger, bankruptcy, consolidation, reorganization, liquidation, or other transfer of the business or its assets. When we do this, we will incorporate reasonable security and other measures to protect your Personal Information.

Other Third Parties. We may share your Personal Information when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, including to allow us to pursue available remedies and limit the damage we may sustain. We may also share your Personal Information with other third parties in certain circumstances. We will explain these circumstances to you at the point of information collection and, where we deem legally necessary, get your permission.

Aggregated or De-Identified Information. We may also share aggregated or de-identified information that cannot reasonably be used to identify you.

MARKETING CHOICES

You may receive marketing offers or solicitations from us through email from time to time. If you no longer prefer to receive marketing emails from us, please follow the opt-out instructions at the bottom of each marketing email. Please note that these requests may take up to ten (10) days to be effective.

Your request not to receive marketing emails from us will not apply to messages that you request or that are informational. For example, we may contact you concerning any purchases you have made with us even if you opt out of receiving marketing emails.

You may also choose to opt in to receive marketing offers or solicitations from us via SMS text messages through our mobile messaging programs. If you would like to opt out of receiving such texts, please reply STOP to any of our text messages. We will not purchase consent or sell, rent, or share consent to opt-in to our mobile SMS/texting program.

COOKIES & OPT OUT OF INTEREST-BASED ADS

We and our partners use cookies or similar technologies to analyze trends, administer the Services, track users’ movements around the Services, gather demographic information about our user base, determine the popularity of certain content, deliver advertising and content targeted to your interests on the Services and other websites or apps, and better understand your online activity. We may receive reports from our partners based on the use of these technologies on an individual basis (that is, reports of your own activity) as well as on an aggregated basis (that is, reports of all user activity or of the activity of certain users as a group).

We may use local storage on your device, such as with HTML5, to store content information and preferences. Various browsers may offer their own management tools for removing HTML5.

Opt Out of Interest-Based Ads: Some of the parties that collect information from or about you on the Services in order to provide more relevant advertising to you may participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about the use of their information for online behavioral advertising. To learn more about the DAA and your opt-out options for their members for websites, please visit http://www.aboutads.info/choices. In addition, some of these other parties may be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, please visit http://www.networkadvertising.org/choices/. Please note that if you opt-out of online behavioral advertising using any of these methods, the opt-out will only apply to the specific browser or device from which you opt-out. This does not opt you out of being served all advertising, and you will continue to receive ads that are not tailored to your interests.

The Services may include social media features, such as a “Like” button. These features may collect your IP address and information about the page you are visiting in the Services. They may also set a cookie to enable the feature to function properly. Social Media features are either hosted by a third party or hosted directly in the Services. Your interactions with these features are governed by the privacy policy of the company providing it.

Account Information

You may update and correct certain account information you provide to us at any time by logging into your account, emailing us at support@orgain.com, or calling us at 1-888-881-4246. If you wish to deactivate your account, please email us at support@orgain.com or call us at 1-888-881-4246 but note that we may retain certain information as required by law or for lawful business purposes. We may also retain cached or archived copies of information about you.

INTERNATIONAL TRANSFERS

If you are using the Services from outside the United States, including in the EEA, UK, or Switzerland, please note that we will need to transfer your Personal Information to the United States.

As the data protection and privacy laws in the United States may be less stringent than those in your country of residence, we will transfer your Personal Information subject to suitable safeguards aimed at ensuring an appropriate level of protection is in place, including by entering into agreements approved by competent authorities.

To find out more about how we safeguard your Personal Information when it is transferred across borders, please contact us using the details provided in the “How to Contact Us” section below.

U.S. PRIVACY RIGHTS AND REQUESTS

Explanation of Applicable Privacy Rights

Depending on your U.S. state of residence, you may have certain rights in relation to your Personal Information, including:

Right to Know: You may have the right to request that we provide you with what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we have collected about you. Please note that we may not be required to respond to your requests “to know” or access specific pieces of Personal Information more than twice in any 12-month period.
Right to Data Portability: You may have the right to access your information in a portable format.
Right to Delete: You may have the right to request that we delete Personal Information that we have collected from you, subject to certain exceptions. Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, for our internal purposes, or to comply with a legal obligation.
Right to Correct: You may have the right to request that we correct inaccurate Personal Information that we may maintain about you, subject to appropriate verification.
Right to Opt-Out of Certain Types of Personal Information Uses and Disclosures: We use and disclose to third parties’ Personal Information for analytics and advertising purposes. Accordingly, you may have the right to opt out of the “sale” or "sharing” of your Personal Information, or the use and disclosure of your Personal Information for “targeted advertising” (as these terms are defined in applicable law).

How to Submit a Request

Please note that, where permitted under applicable law, we may decline a request if we are unable to verify your identity (or an agent’s authority to make the request) and confirm the Personal Information we maintain relates to you.

If you are interested in exercising one or more of the rights outlined above, please follow the prompts here or contact us using the “How to Contact Us” section below. If by email, please indicate the type of request you are making in the subject line of your message. We may take steps to verify your identity before responding to your request by asking you a series of questions about your previous interactions with us. Submitting a privacy rights request does not require you to create an account with us.

To take advantage of your right to opt-out of the sale or sharing of Personal Information or to opt-out of targeted advertising, please click the “Your Privacy Choices” link found on our Site footer and follow the instructions in the pop-up window or contact us using the “How to Contact Us” section below. Submitting an opt-out request does not require you to create an account with us.

Alternatively, you may choose to enable online, where available, a universal opt-out preference via a tool that automatically communicates your opt-out preferences, such as the Global Privacy Control (“GPC”). If you enable a browser-based opt-out preference signal, such as GPC, upon receipt or detection, we will treat the signal as a valid request to opt out of the sale or sharing of Personal Information linked to that browser and any consumer profile we have associated with that browser. Please note that if you use different browsers or browser profiles, you will have to enable the signal on each browser or profile.

We will not discriminate against you because you exercised your rights under this section of the Privacy Policy.

Agent Requests

Only you, or someone legally authorized to act on your behalf, may submit a request related to your Personal Information. You may also submit a request on behalf of your minor child.

Depending on your U.S. state of residence, you may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you’ve authorized them to act on your behalf or must demonstrate they have power of attorney pursuant to applicable probate law. We retain the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity. An authorized agent is prohibited from using a consumer’s Personal Information, or any information collected from or about the consumer, for any purpose other than to fulfill the consumer’s requests, for verification, or for fraud prevention. If you are making a request as an authorized agent, please contact us using the information in the “How to Contact Us” section below, and provide your full name, address, email address, the full name of the person on whose behalf you are making the request, their address, email, phone number, as well as the written permission of the person on whose behalf you are acting to do so.

Right to Appeal

Depending on your U.S. state of residence, you may have the right to appeal a decision we have made in connection with your privacy rights request. You may appeal our decision by emailing us at NHScLegal@us.nestle.com. If you have concerns about the results of an appeal, you may contact the attorney general in the state where you reside.

U.S. Data Protection Disclosures

In the past twelve (12) months, we have collected the categories of information disclosed above in the “Notice at Collection” section and disclosed those categories for the business purposes also listed in the “Notice at Collection” section.

With the exception of Characteristics of Protected Classifications under California or Federal Law and Sensitive Personal Information, each category of Personal Information disclosed in the “Notice at Collection” section was sold or shared with analytics and advertising partners, business partners, advertising networks, advertising platforms, and social media companies and the other entities identified in the “To Whom We Disclose Personal Information” section above, for the purposes described in this Privacy Policy within the last twelve (12) months, including for marketing purposes. We do not knowingly sell or share Personal Information about persons under the age of sixteen (16).

Use and Disclosure of Sensitive Personal Information: To the extent that we collect, use, or share “Sensitive Personal Information” as that term is defined in applicable law, we limit our use or disclosure of the Sensitive Personal Information to permitted business purposes.

U.S. NOTICE OF FINANCIAL INCENTIVE

We offer a voluntary rewards program (the ShakeUp! Rewards Program) that provides certain perks, such as rewards and exclusive offers. The ShakeUp! Rewards Program Terms and Conditions are available here. We may also provide other programs, such as subscribe & save, refer-a-friend, sweepstakes, contests, or other similar promotional campaigns (collectively, “Programs”).

When you sign up for one of these Programs, we typically ask you to provide your name and contact information (such as email address and/or telephone number). We use this information for the purposes described above under the section titled “How We Use the Personal Information We Collect,” including targeted advertising. We may share your Personal Information with third parties as described in the “To Whom We Disclose Personal Information” section, including data analytics providers, advertising technology vendors, and social media platforms. Because our Programs involve the collection of Personal Information, they might be interpreted as a “financial incentive” program under California law or “bona fide loyalty programs” under Colorado law. If you ask us to delete your Personal Information, we will not be able to provide you with access to these Programs.

The value of your Personal Information that we collect is reasonably related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the applicable Program, less the expense related to offering those products, services, and benefits to Program participants.

You can opt-in to a Program by following the sign-up or participation instructions provided, and, for any ongoing benefits, you have the ability to withdraw from participating in a Program at any time by following the instructions set forth in the applicable Program terms or contacting us at support@orgain.com. Please visit the terms and conditions page of each Program to view full details.

OTHER DISCLOSURES

CHILDREN’S PRIVACY

Our Services are intended for a general audience. We do not direct the Services to children under sixteen (16), nor do we knowingly solicit or collect any Personal Information from, children under the age of sixteen (16). If you are a parent or legal guardian and think that your child has given us data, you can contact us in writing or by email as provided below under the section titled “How to Contact Us.” Please mark your inquiries “Children’s Privacy Information Request.” If we learn that a minor has provided Personal Information through the Services, we will use reasonable efforts to remove such information from our files.

MEDICAL CONTENT DISCLAIMER

Please understand that the contents and information on Nestlé Health Science U.S. Sites are for your informational use only and are not intended to be a substitute for professional medical advice, diagnosis or treatment or the independent clinical judgment of a health care professional or any applicable facility protocols. We suggest that you seek the advice of your physician or qualified health care provider with any questions you may have regarding a medical condition, illness, or treatment. Do not delay or disregard professional medical advice because of the content included on any of the Services.

THIRD-PARTY WEBSITES

The Services may provide links to websites and applications operated by third parties. All of these websites and applications operate independently from us, and we do not control their privacy practices. We encourage you to review the privacy policies of any third-party websites and applications that you use to better understand their privacy practices.

SECURITY OF YOUR INFORMATION

We maintain reasonable security procedures to help protect against loss, misuse, or unauthorized access, disclosure, alteration, or destruction of your Personal Information.

Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and will not be responsible for the theft, destruction, or inadvertent disclosure of your Personal Information. If you prefer not to transmit your credit card number over the Internet, you can contact us using the toll-free number listed on the Services from which you want to order. If you have any questions regarding security, you can contact us through the means set forth in the “How to Contact Us” section.

REVISIONS TO THIS PRIVACY POLICY

We reserve the right, at our sole discretion, to change, modify, add, remove, or otherwise revise portions of this Privacy Policy at any time. When we do, we will post the change(s) on our Services. Your continued use of our products and Services following the posting of changes to these terms means you accept these changes. If we change the Privacy Policy in a material or substantive way, we will provide appropriate notice to you, including providing notice to you fifteen (15) calendar days prior to the effective date.

HOW TO CONTACT US

If you have any questions or concerns about this Privacy Policy or the practices described herein, you may contact us by email at privacy@orgain.com or by mail to Orgain, Nestlé Health Science, Attn: Legal, 1007 US Highway 202/26, Building JR2, Bridgewater, NJ 08807.