Optimum Nutrition

Privacy Policy

 

  1. COLLECTION, USE AND SHARING OF PERSONAL INFORMATION
    1. How We Collect Personal Information.
    2. How We Use Personal Information
    3. Sharing of Personal Information
    4. Use or Sharing of Non-Personal Information
    5. Cookies, Web Beacons and Online Advertising
  2. CALIFORNIA RESIDENTS PRIVACY RIGHTS
    1. Personal Information Collected.
    2. California Residents’ Privacy Rights.
    3. Exercising Access, Data Portability, and Deletion Rights
    4. Response Timing and Format
    5. Non-Discrimination
    6. Questions or Comments
    7. Last Updated
    8. Other California Privacy Rights
  3. NEVADA RESIDENTS
  4. CHILDREN
  5. SECURITY
  6. RETENTION OF INFORMATION
  7. MANAGING YOUR ACCOUNT INFORMATION AND COMMUNICATIONS PREFERENCES
  8. CHANGES AND UPDATES

Last Updated: June 30, 2020

This Privacy Policy applies to your access and use of the Optimum Nutrition website (the “Site”) provided by Glanbia Performance Nutrition (NA), Inc. d/b/a Optimum Nutrition, Inc. and/or its corporate parents, subsidiaries or affiliates (collectively, “the Company”, “we”, or “us”). 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.

When you use the Site or otherwise interact with the Company, we may collect information about you, and we may share some of all of that information with third parties in certain circumstances. This Privacy Policy will give you more details and information about such collection, use and sharing.

Our business is located in the United States. By using the Site, you understand and agree that any information you submit or is gathered about you will be transmitted to and stored in the United States.

You further consent to the use and disclosure of that information accordance with applicable U.S. Federal and State laws and with this Privacy Policy.

This Privacy Policy may be updated and changed from time to time. Please check periodically for changes.

1.  COLLECTION, USE AND SHARING OF PERSONAL INFORMATION

a.  How We Collect Personal Information.

We may collect different types of information that identify you or relate to use as an individual (“Personal Information”), including:

Information You Provide to Us. We may ask you to provide these categories of Personal Information when using the Site or otherwise interacting with us:

  • User Information. Information you provide about yourself to use or access the Site, such as your name, date of birth, mailing address, telephone number, e-mail address and username and password (for account administration).
  • Financial Information. In order to assure payment processing, we may collect information related to your financial accounts and other payment information.
  • Self-Reported Information. Additional Personal Information you may provide about yourself, such as information provided in survey responses, “Join Our Team” request submissions, participation in sweepstakes, contests or promotions, suggestions for improvements or product innovations, referrals, reviews, complaints or other submissions or any other actions performed on the Site or when otherwise interacting with us.

Information We Collect from Your Use of the Site. We collect Personal Information about you and the devices you use to access the Site as described below:

  • Service Data. Information about your interactions with the Site, such as the pages or other content you view, and other actions you perform while using the Site.
  • Device & Log Information. Information about your device, including your Device ID, IP address, hardware model, operating system and version, device name, and aggregated information such as “click stream” information which means entry and exit points (including referring URLs or domains), traffic statistics, page views, and impressions, all of which are collected automatically.
  • Geolocation Information. The location of your device, upon your voluntary consent
  • Cookie Information. Information collected through cookies, web beacons, pixel tags and other technologies described in more detail later in the Cookies and Web Beacons section of this Privacy Policy.

b.  How We Use Personal Information

We may use Personal Information about you for purposes described in this Privacy Policy or as otherwise disclosed to you. This includes the following:

  • To Provide You With the Site. We may process and manage your account and your purchase and use of our products and services.
  • To Communicate with You. We may use your Personal Information to respond to your inquiries or requests. We may also send you communications about offerings from the Company and our marketing partners. If you enter a sweepstakes, contest, or similar promotion, we may use the information that you provide to administer those programs. We may also use your Personal Information to market to you, create and deliver personalized promotions based on your purchases and other interactions with us, and develop marketing materials. You may opt-out of marketing communications at any time by clicking the “unsubscribe” link in a marketing email.
  • For Research and Development. We utilize your Personal Information to improve our online services, analyze usage and interests, identify usage trends, determine the effectiveness of our promotional campaigns, and to operate and expand our business activities.
  • To Enforce our Terms and Agreements and Prevent Misuse. To maintain a safe, secure, and trusted environment for you when you use the Site, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, mitigate, and report fraud, misrepresentations, security breaches or incidents, other potentially prohibited or illegal activities on the Site for your protection. We are required to process your Personal Information for this purpose to provide the Site.
  • To Comply with Applicable Laws. To verify your identity; comply with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process; fulfill any other purpose disclosed to you in connection with the Site; contact you to resolve disputes, collect fees, and provide assistance with the Site. 

c.  Sharing of Personal Information

At times, we may make certain Personal Information available to strategic partners that provide services to us or if we determine that such disclosure is necessary to comply with the law. Specifically, we may share your Personal Information in the following ways:

  • To Provide Our Services 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.
  • Disclosure to Third Parties. We may disclose your Personal Information collected for a business purpose in connection with marketing and accessing the Site to certain third parties. The subsequent usage of any Personal Information shared with third parties shall be governed by each third party’s respective privacy policy.
  • 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.
  • 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.

d.  Use or Sharing of Non-Personal Information

Non-personal information may be used for any purpose not prohibited by law. For example, we may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all information that does not identify an individual (or that has been modified to remove individual identification).

e.  Cookies, Web Beacons and Online Advertising

The Company and its agents use small text files called cookies, and other website tracking technology similar to cookies such as pixel tags, web beacons, and clear GIF files.

What are Cookies? Cookies are small pieces of data that we and our agents place in your computer’s browser to store your preferences. Cookies may be linked to Personal Information that you provide to us through your online interaction with us. A cookie will typically contain the name of the domain (internet location) from which the cookie has come, the “lifetime” of the cookie (i.e. when it expires), and a value, usually a randomly generated unique number.

Types of Cookies. Each cookie performs one or more of the following functions:

  • Essential Cookies: These first party cookies allow you to use a feature of the Site, such as to stay logged in or make a purchase.
  • Analytics Cookies: These can be first party or third-party cookies. Such cookies track information about how the Site is used so the Company can make improvements and report on our performance. The Company may also use such cookies to test new ads or features.
  • Ad Targeting Cookies: These third-party cookies (also called “behavioral” or “targeted” advertising) are placed by advertising platforms or networks to deliver ads and track performance or to deliver ads based upon your activities.

How We Use Cookies. We use cookies so that we can improve your online experience – for example, by remembering you when you come back to visit us, and making the content you see more relevant to you. Cookies also enable us to track online purchases made through the Site and target relevant advertisements to you.

Analytics. We use third-party analytics such as Google Analytics to gather and analyze anonymous user information. Google Analytics is a web analytics service provided by Google, Inc. ("Google"), to collect information about use of the Site. Google may use cookies to collect information about your purchase history, the content you view, what websites you visit immediately prior to and after visiting the Site, and your system information and geographic information. The information generated by the Google cookies about your use of the Site will be transmitted to and stored by Google. The information collected by Google allows us to analyze the use of the Site, but does not identify you.

Online Advertising. We use cookies to help manage our online advertising program. These technologies may enable us (or third-party advertising services we work with) to learn which advertisements bring users to the Site. They also may enable us (or third-party advertising services we work with) to track the actions of users online over time and across different web sites or platforms to measure statistics of our marketing efforts, and to deliver electronic advertisements that may be more relevant to individual consumers and that will improve the consumer experience.

Your Control of Cookies. Web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. Please understand, however, if you disable cookies, some features of the Site may not work as well (or at all) for you.

Do Not Track Requests. The Company does not take action in response to Do Not Track signals.

2.  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

Biometric information

Hair color, eye color, height and other biometric data

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

Sensory data

Audio, electronic, visual or similar information

Professional or employment-related information

Current or past job history

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 1 above.

Information We Collect
From Your Use of the Site

For example, Service Data, Device & Log Information, Geolocation Information, or Cookie Information, as described in Section 1 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, for Research and Development, to Enforce our Terms, Agreements, and Policies, and to Comply with Applicable Laws, as outlined in Section 2 above.

How We Share Personal Information

We share Personal Information to Perform Services for you, in connection with Corporate Transaction or Events, in Compliance with Law, in Disclosures to Third Parties, for Third Party Marketing, and any other purpose with your consent, as outlined in Section 3 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.

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.

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.

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.

c.  Exercising Access, Data Portability, and Deletion Rights

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 [email protected].  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.

d. 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.

e.  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.
    1. If you have any questions or would like further information regarding this California privacy policy, please contact:  [email protected].
    2. This privacy policy was last updated on June 30, 2020.
    3. 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.

3.  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.

4.  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.

5.  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.

6.  RETENTION OF INFORMATION

Following termination or deactivation of any user account you may create, unless you request that your information be deleted by contacting us, we may retain your information for back-up, archival, legal and audit purposes, and to reactivate your account upon your request. In addition, we may retain and continue to use indefinitely all information contained in your communications to other users of the Site posted to public or semi-public areas of the Site (e.g. reviews) after termination or deactivation of your user account.

7.  MANAGING YOUR ACCOUNT INFORMATION AND COMMUNICATIONS PREFERENCES

To update or correct your account information – or if you would like to stop receiving marketing communications from us via email or other methods – you may contact us at [email protected] or Optimum Nutrition, Inc., Attn: Consumer Affairs Department, 3500 Lacey Road, Suite 1200, Downers Grove, Illinois, 60515.

8.  CHANGES AND UPDATES

We will notify you of changes to this Privacy Policy by posting the amended terms on the Site and providing any advance notice required by law. If you do not agree to the new terms, you should stop using the Site and services, and if you are a registered user, you may cancel your account with us within the notice period we specify by contacting us at [email protected], and you will not be bound by the new terms. Otherwise, the new terms will take effect on the date listed in the notice we provide.