Privacy Policy

 

Last Updated February 1, 2021

This Privacy Policy applies to your access and use of the Optimum Nutrition website (the “Site”) provided by Optimum Nutrition, Inc. and/or its corporate parents, subsidiaries or affiliates (collectively, “the Company”, “we”, or “us”). Here we explain what we do with your personal data and why we do this. By accessing or using the Site, you agree that you have read and agree to be bound by this Privacy Policy. If you don’t agree, please do not use the Site. Please contact us if you have questions – our details can be found at the end of the statement.

 

TABLE OF CONTENTS

 

I. WHAT PERSONAL DATA DO WE PROCESS AND HOW DO WE USE IT?
A. When You Order Something From Us
B. If You Create An Account
C. Browsing Our Website
D. When You Subscribe To Our Newsletter
E. When You Contact Our Customer Service
F. Cookie Information

II. AUTOMATED DECISION-MAKING AND PROFILING

III. RETENTION PERIODS AND LOCATION
A. Order On The Website
B. Ordering When Using An Account
C. Browsing The Website
D. Newsletter Subscription
E. Customer Service

IV. SHARING PERSONAL DATA WITH THIRD PARTIES
A. To Provide Our Services To You
B. Compliance With Law
C. Corporate Transactions Or Events

V. CALIFORNIA RESIDENTS’ PRIVACY RIGHTS
A. Personal Information Collected
B. California Residents’ Privacy Rights
1. Disclosure & Access Rights
2. Deletion Rights
3. Opt-Out of Selling Your Personal Information to Third Parties
4. Exercising Access, Data Portability, and Deletion Rights
5. Response Timing and Format
6. Non-Discrimination
I. Other California Privacy Rights

VI. NEVADA RESIDENTS

VII. CHILDREN

VIII. SECURITY

IX. COMPLAINT PROCEDURES

X. CONTACT DETAILS

 

I. WHAT PERSONAL DATA DO WE PROCESS AND HOW DO WE USE IT?

Below we state the types of information that identify you or relate to use as an individual (“Personal Information”) why we use this Personal Information and what grounds we use for the relevant processing.

A. When You Order Something From Us

With every order you place with us we process the following Personal Information.

  • Gender
  • First name and surname
  • Delivery address (street, house number, post code and city)
  • [Optional] billing address (street, house number, post code and city)
  • Telephone number
  • [Optional] date of birth
  • E-mail address
  • IP address

We process this Personal Information in order to process your order and to be able to answer possible queries regarding your order. The grounds for the processing are the agreement that we have made with you and the fulfilment of our legal obligations. These are our legal administration obligations.

B. If You Create An Account

To simplify ordering you can also choose to create an account. If you create an account and enter the relevant data, we’ll process the following personal data:

  • Gender
  • First name and surname
  • [Optional] date of birth
  • Entered addresses in the address book
  • Overview of your orders
  • Reviews
  • Your favorites
  • Telephone number
  • E-mail address
  • IP address

We use this Personal Information to process your orders and to answer queries regarding your order. We use your favorites, overview of orders and reviews to gain insight into the products you prefer. The grounds for processing we use are the implementation of the agreement that we have made with you, the fulfilment of our legal obligations and our legitimate interest in gaining insight into the product preferences of our customers. This allows us to adjust the range of products we sell to meet the preferences of our customers.

C. Browsing Our Website

When you visit our website and browse, we’ll process the following information:

  • Your approximate location based on a part of your IP address
  • What you do on our website, for example, what you click on
  • Aggregated information such as “click stream” information which means entry and exit points (including referring URLs or domains)
  • Your type of internet browser and the type of device that you use to visit our website

We process this data on the basis of our legitimate interest in improving our website and gaining insight into the product preferences of our customers.

D. When You Subscribe To Our Newsletter

We would like to use the newsletter to inform you of news, promotions and special offers. If you subscribe to our newsletter, we process the following information:

  • E-mail address
  • Where you click in the newsletter

We use your e-mail address to send the newsletter once you’ve provided express permission for this. You can unsubscribe from the newsletter by clicking the unsubscribe link in the newsletter or by withdrawing permission in your account at any moment. We use your click behavior to determine which parts of the newsletter interest you. We use this information to compile our product offer on the site. We process your click behavior based on our legitimate interest in gaining insight into the product preferences of our customers.

E. When You Contact Our Customer Service

Our customer service is there to answer your queries and solve your problems. You can contact us by e-mail or webform. We can assist you more efficiently by storing your data. For this, we process the following Personal Information:

  • Name
  • E-mail address
  • Telephone number
  • IP address
  • Reviews of products

We like to collect reviews about our products or service provision. That’s why we process the following Personal Information as a minimum:

  • E-mail address
  • Name

F. Cookie Information

Information collected through cookies, web beacons, pixel tags and other technologies described in more detail in our Cookies Policy.

 

II. AUTOMATED DECISION-MAKING AND PROFILING

We don’t use automated tools to make decisions about people. We do send you mailings and newsletters with content tailored to you. The content is determined by your purchases and the interests as gathered from your purchasing and click behavior.

 

III. RETENTION PERIODS AND LOCATION

We store your Personal Information only for as long as required to achieve the objectives that your data has been collected for. We don’t store the data outside the European Economic Area (EEA). The retention period that we adhere to is stated below for each processing.

A. Order On The Website

We’re legally required to store your data for seven years.

B. Ordering When Using An Account

We’re legally required to store your data for seven years. In addition, we store your data as long as your account is active. After removing your account, we’ll only store your data for as long as is legally required. If this isn’t the case the data will be removed immediately. We store the data required for processing the order for three months.

C. Browsing The Website

We store your visitor data for 26 months, after which the data is deleted permanently.

D. Newsletter Subscription

We store your consent to receive newsletters for two years. We also store your request to cancel your newsletter subscription for two years.

E. Customer Service

We keep customer contact notes for as long as you are an active customer with us. A telephone conversation can be recorded for training and analysis purposes. We have a legitimate interest in using these interactions to improve our customer service. We store the telephone call for the duration of three months.

 

IV. SHARING PERSONAL INFORMATION WITH THIRD PARTIES

Optimum Nutrition won’t sell your Personal Information to third parties and will only make this data available to third parties who are actively involved in carrying out your order or for a business purpose in connection with the marketing of our products. Our staff members and third parties commissioned by us are required to respect the confidentiality of your data.

Specifically, we may share your Personal Information in the following ways:

A. To Provide Services Or Information To You

We may disclose your Personal Information to third-party service providers so that they may provide us with services such as payment processing, website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services necessary to the Site and services you request. We also may disclose Personal Information collected via third-party cookies embedded in the website, when you give consent for the use of those cookies, described in more detail in our Cookies Policy.

B. Compliance With Law

We may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our affiliated companies; (6) to protect the rights, privacy, safety or property of Company or others; and (7) to enforce our terms and conditions.

C. Corporate Transactions Or Events

We may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.

 

V. CALIFORNIA RESIDENTS’ PRIVACY RIGHTS

This section only applies to individuals who are residents of California under the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws (together “California Laws”).

A. Personal Information Collected

Below is a summary of the Personal Information the Company has collected in the preceding twelve months, the source of the information, the purpose of information collection, and how we share it as defined and outlined in California Law.

Categories of Information Collected and Examples

Identifiers 

Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name or other similar identifiers 

Personal information under 
California Civil Code section 1798.80 

Name, signature, physical characteristics or description, address, telephone number, education, employment, employment history, bank account number, credit or debit card number or other financial information 

Protected classifications under California and Federal Law 

Race, religion, sexual orientation, gender identity, gender expression, age 

Commercial information 

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies 

Internet or other 
similar network activity 

Browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement 

Geolocation data 

Physical location or movements 

Inferences 

Preferences, characteristics, psychological trends, predispositions, behavior, attitudes 

How We Collect Information

Information You 
Provide to Us 

For example, user information, financial information or self-reported information that you choose to submit or provide to us, as described in Section I above. 

Information We Collect 
From Your Use of the Site 

For example, data, device and log-in information, geolocation Information, or cookie information, as described in Section I above. 

Information from 
Vendors or Third-Parties 

For example, companies that work with us to market our products to you. 

Purpose of Information Collection

We collect Personal Information to provide you with the Site, to communicate with you, to fulfill your order, to answer queries, to gain insight into consume preferences, and to improve our Site, as described in Section I above.

How We Share Personal Information

We share Personal Information to perform services for you, in connection with corporate transactions or events, and to comply with applicable law, as outlined in Section IV above. The Company does not sell personal information.

 

B. California Residents’ Privacy Rights

Under California Laws, California residents have the following rights (“Rights”) listed below. Your Right to Access and Right to Deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of the business’s systems of networks.

1. Disclosure & Access Rights

California residents have the right to request that we disclose to them (i) the categories of personal information we have collected about them, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual.

2. Deletion Rights

California consumers have the right to have their Personal Information deleted, unless the Personal Information is necessary for the business or service provider to:

  • complete a transaction for which the Personal Information was collected, provide a good or service requested by the consumer or otherwise perform a contract between the business and the consumer;
  • detect security incidents;
  • protect against malicious, deceptive, fraudulent or illegal activity (or prosecute those responsible);
  • debug to identify and repair functionality errors;
  • exercise or ensure the right of another to exercise free speech or another legal right;
  • comply with the California Electronic Communications Privacy Act, which compels the production of or access to electronic communication information or electronic device information with a search warrant;
  • engage in research in the public interest (if the consumer has provided informed consent);
  • to enable solely internal uses aligned with the consumer's expectations given their relationship with the business; comply with a legal obligation;
  • otherwise use the information internally in a lawful manner compatible with the context in which the consumer provided it.

3. Opt-Out of Selling Your Personal Information to Third Parties

Californian consumers have the right to opt-out of having their personal information sold to third parties. We do not engage in such sales of personal information.

4. Exercising Access, Data Portability, and Deletion Rights

Californian consumers have the right to opt-out of having their personal information sold to third parties. We do not engage in such sales of personal information.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by clicking https://www.optimumnutrition.com/en-us/california-consumer-privacy-act and completing the online request form. Alternatively, you can contact the consumer affairs department at 1-800-705-5226 or oncustsuppus@optimumnutrition.com. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

If you use an authorized agent to exercise your rights, we will require you to provide your authorized agent with either (1) your power of attorney authorizing the authorized agent to act on your behalf or (2) your written authorization permitting the authorized agent to request access to your personal information on your behalf together with the identity verification information for you described above and confirmation that you have provided the authorized agent permission to submit the request.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include describing your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

5. Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

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

We do not charge a fee to process or respond to your verifiable consumer request unless the request would exceed an hour to complete. In the event the request will exceed an hour to complete, we will notify you before continuing with the request with the estimated time it will take to complete and the total estimated fee. The fees may be less than the estimated amount but may not exceed the estimated amount. No fees will be assessed without prior acknowledgment and consent. This acknowledgment or consent may include verbal or written authorization. The acknowledgment and consent will be documented on the summary of fees when the request has been completed.

6. Non-Discrimination

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

  • Deny you goods or services
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
  • If you have any questions or would like further information regarding this California privacy policy, please contact:  oncustsuppus@optimumnutrition.com.
  • This privacy policy was last updated on February 1, 2021.

7. Other California Privacy Rights

Under California Civil Code sections 1798.83-1798.84, also known as the “Shine the Light Law,” any of our users who are California residents are entitled to request and receive once a year, free of charge, a notice from us describing what categories of personal customer information (if any) we shared with third parties or corporate affiliates for their direct marketing purposes during the preceding calendar year. If applicable, the notice will identify the categories of information shared, the names and addresses of the third parties and affiliates with which information was shared. If you are a California resident and would like to request a copy of this notice, please submit a written request to the following address: Optimum Nutrition, Inc., Attn: Consumer Affairs Department, 3500 Lacey Road, Suite 1200, Downers Grove, Illinois, 60515. In your request, please specify that you want a “California Privacy Rights Notice.” Please allow at least thirty days for a response.


VI. NEVADA RESIDENTS

Nevada law entitles you to request that we refrain from sale of your personal information to other entities, for purposes of resale. We do not engage in such sales of personal information.

 

VII. CHILDREN

The Site is not intended for anyone under the age of 13. We will not knowingly collect any Personal Information from children under the age of 13. If we learn that we have obtained any Personal Information about a child under age 13, we will delete that information.

 

VIII. SECURITY

We strive to use reasonable safeguards to help prevent loss, misuse and unauthorized access, disclosure or modification of Personal Information provided or collected through the Site. However, no system is perfect or can guarantee that unauthorized access or theft might not occur.

 

IV. COMPLAINT PROCEDURE

If you have a complaint about the compliance with this privacy statement or about a violation of your legal rights, you can send an e-mail to oncustsuppus@optimumnutrition.com.

 

X. CONTACT DETAILS

Optimum Nutrition 
3500 Lacey Road, Suite 1200
Downers Grove, IL 60515
1-800-705-5226