Effective Date: [05/15/2020]
Welcome, and thank you for your interest in Athletic Greens (USA), Inc., a Nevada corporation (together with its parent(s), subsidiaries, and affiliates, “AG”, “we,” or “us”), our websites including www.athleticgreens.com and www.athleticgreens.eu (each a “Site,” and collectively, the “Sites”), and all related web sites, downloadable software, mobile applications (including tablet applications), and other products and services provided by us and on which a link to this Privacy Policy is displayed, and all other communications with individuals through written or oral means, such as email or phone (collectively, together with the Sites, our “Service” or “Services”).
This Privacy Policy (“Policy”) describes the information that we gather on or through our Service, how we use and disclose such information, the steps we take to protect such information, the choices available to you regarding our use of information, and how you can access and update this information. It is intended to meet our duties of transparency under the European Union “General Data Protection Regulation” or “GDPR.” By visiting the Sites, using the Service, and/or purchasing products through the Service, you accept the privacy practices described in this Policy.
This Policy is incorporated into, and is subject to, the AG Terms of Use & Conditions of Sale (“Terms of Use”). Capitalized terms used but not defined in this Policy have the meaning given to them in the AG Terms of Service.
Athletic Greens (USA), Inc. is the Controller (for purposes of the GDPR) of your Personal Data (as such term is defined below). Our address is: 3064 Silver Sage Drive, STE 150, Carson City, NV, 89701. The Athletic Greens group of companies is made up of different legal entities, including one based in the UK, called Athletic Greens (Europe) Limited and one based in the Cayman Islands, called Athletic Greens (International) Limited. With respect to privacy or data issues you can contact us at privacy@athleticgreens.com.
We manufacture, distribute and sell health-orientated products and dietary supplements including, without limitation, our Athletic Greens brand. Our products may be purchased on a one-time or subscription basis, either directly from us or through one or more of our resellers, distributors or marketing affiliates.
AG complies with the EU-U.S. and the Swiss-U.S. Privacy Shield Frameworks as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the European Union and Switzerland to the United States. AG has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit www.privacyshield.gov.
AG may transfer your Personal Data to third parties as described in this Privacy Policy. AG maintains contracts with its third-party service providers restricting their access, use and disclosure of Personal Data in compliance with our Privacy Shield obligations. AG may be liable if these third parties fail to meet those obligations and we are responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, AG commits to resolve complaints about our collection or use of your Personal Data. European individuals with inquiries or complaints regarding our Privacy Policy should first contact AG at privacy@athleticgreens.com. AG has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please visit www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you. If neither AG nor JAMS resolves your complaint, you may have the ability to engage in binding arbitration through the Privacy Shield Panel. Additional information on the arbitration process is available on the Privacy Shield website at www.privacyshield.gov.
We also collect Personal Data concerning our (and our affiliates’) employees, consultants and candidates for employment (Human Resources Data) in connection with administration of our human resources programs and functions and for purpose of communicating with our employees and consultants. We also apply the EU-U.S. Privacy Shield Principles to this data. Further information in this regard can be found in our Human Resources Privacy Policy available for employees and consultants by contacting our Human Resources (HR) department.
AG may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. The Federal Trade Commission has jurisdiction over AG’s compliance with the Privacy Shield. AG’s commitments under the Privacy Principles are subject to the investigatory and enforcement powers of the Federal Trade Commission.
Personal Data:
We collect Personal Data from you, which data may include data received from within the European Union. “Personal Data” means any information relating to an identified or identifiable natural person. Examples of this kind of information include, as applicable, your name, organization name, email address, phone number, billing address, mailing address, credit card and payment details (which are collected and stored for recurring subscriptions), and other similar kinds of information that may be used for the same purpose. AG will not rent or sell your Personal Data to others. We may store Personal Data in locations outside the direct control of AG (for instance, on servers or databases co-located with hosting providers including, without limitation, Limelight, Shopify, Recharge, MCS fulfillment, Five9, Zendesk, Klaviyo, Stripe, Braintree, PayPal, Refersion, FlexPay and Hallmark fulfillment services (“Hosting Providers”). AG’s Hosting Providers may physically have servers located anywhere in the world (i.e. including outside the European Union). Any Personal Data you elect to make publicly available on our Sites or through the Service, such as posting comments on a blog page, will be available to others. If you remove information that you have made public on our Sites or through the Service, copies may remain viewable in cached and archived pages of our Sites or the AG Service, or if other users have copied or saved that information. If you wish to post a comment on our blog, registration may be required.
Non-Personal Data:
We may gather and share non-Personal Data (such as anonymous usage data, referring/exit pages and URLs, IP address, browser and platform types, referring/exit pages, operating system number of clicks, etc.) with interested third parties to help them understand the usage patterns of AG’s Service and those of our partners and affiliates. If you remove information that you have made public through the AG Service or Sites, copies may remain viewable in cached and archived pages of the AG Service or Sites, or if other users have copied or saved that information. Non-Personal Data may be stored indefinitely.
We use information that we collect in a variety of ways in providing our Service and operating our business, including, with respect to operations, improvements and communications. Such uses include facilitating the functioning of our business and Sites, complying with applicable law, providing you with products and services, or as otherwise as appropriate in connection with a legitimate business need, including, without limitation:
California residents may have additional personal information rights and choices. Please see the section entitled “Your California Privacy Rights” below for more information.
You may be given the option to access or register for AG’s Service through the use of your user name and passwords for certain services provided by third parties (each, an “Integrated Service”), such as through the use of your Google or Facebook account, or otherwise have the option to authorize an Integrated Service to provide Personal Data or other information to us. By authorizing us to connect with an Integrated Service, you authorize us to access and store information that the Integrated Service makes available to us (including, without limitation, your name, email address(es), date of birth, gender, current city, profile picture and URL), and to use and disclose it in accordance with this Policy. You should check your privacy settings on each Integrated Service to understand what information that Integrated Service may make available to us, and make changes as appropriate. Please review each Integrated Service’s terms of use and privacy policies carefully before using their services and connecting to our Service.
You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at support@athleticgreens.com
We will share your Personal Data with third parties only in the ways that are described in this privacy statement. We may provide your Personal Data to companies that provide services to help us with our business activities such as shipping your order or offering customer service(collectively, “Service Providers”). Service Providers are authorized to use your Personal Data only as necessary to provide these services to us. If you purchase products from us through a non-Athletic Greens branded site or webpage (for example, through a site or brand which is branded and/or controlled by one of our partners), we may provide your Personal Data (excluding credit card, debit card of financial account details) to such partners. Such partners have their own privacy policies and any use by such partners of your Personal Data is subject to their own privacy policies. If you later decide that you no longer want to receive communications from a partner, you will need to contact that partner directly. These companies are authorized to use your Personal Data only as necessary to provide these services to us.
We may also disclose your Personal Data:
Non-personally identifiable information may be provided to other parties for marketing, advertising, or other uses.
As set forth in more detail above, but subject to appropriate safeguards: (i) your information collected through the AG Service may be stored and processed anywhere in the world (including, without limitation, in the United States, Europe, or any other country in which AG or its subsidiaries, affiliates or service providers maintain facilities), and (ii) AG may transfer information that we collect about you, including Personal Data, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world.
The security of your Personal Data is important to us. But while AG is concerned with protecting your privacy and data, but we cannot ensure or warrant the security of any information you transmit to AG or guarantee that your information on the AG Service may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. When you enter sensitive information (such as log in credentials or credit card numbers) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). No method of transmission over the Internet or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at privacy@athleticgreens.com. We may use an outside help platform, and a credit card processing company to bill you if you purchase Services. These companies do not retain, share, store or use Personal Data for any other purposes.
You shouldn’t install any specific software to use AG’s Services, and our Site pages don’t install any software to your system. If you have any questions about security on our Sites, you can contact us at support@athleticgreens.com.
Subject to approval of the Privacy Shield Application (i) we are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). and (ii) we may be required to disclose Personal Data that we handle under the Privacy Shield in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Our web pages may contain electronic images known as web beacons (sometimes called single-pixel gifs) which may be used along with cookies to compile aggregated statistics to analyze how our site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.
Our web pages may also contain electronic images known as web beacons (sometimes called single-pixel gifs) that are set by our third-party partners. Web beacons may be used along with cookies enabling our partners to compile aggregated statistics to analyze how our site is used.
To provide our services, we process your Personal Data in the U.S., Australia, New Zealand and other countries where we have operations for the purposes we have set out in this Privacy Policy. If such processing involves a restricted transfer of Personal Data in a manner governed by European data protection law, the transfer will be performed pursuant to the applicable requirements of the law, such as standard contractual clauses, the individual’s consent, or in other circumstances permitted by European data protection law.
We respect your privacy rights and provide you with reasonable access to the Personal Data that you may have provided through your use of the Services. If you wish to access or amend any other Personal Data we hold about you, or to request that we delete or transfer any information about you that we have obtained from an Integrated Service, you may contact us as set forth in the “Contact Us” section below. At your request, we will have any reference to you deleted or blocked in our database.
You may also update, correct, or delete your account information and preferences at any time by contacting us as set forth in the “Contact Us” section below. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.
You may decline to share certain Personal Data with us, in which case we may not be able to provide to you with our Service, including, without limitation, the products that we sell.
At any time, you may object to the processing of your Personal Data, on legitimate grounds, except if otherwise permitted by applicable law. If you believe your right to privacy granted by applicable data protection laws has been infringed upon, please contact AG’s Data Protection Officer at privacy@athleticgreens.com. You also have a right to lodge a complaint with data protection authorities.
California residents may have additional personal information rights and choices. Please see the section entitled “Your California Privacy Rights” immediately below for more information.
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit CCPA Privacy Notice for California Residents.
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@athleticgreens.com.
To the extent there is any conflict between applicable law (including, without limitation, California law) and the provisions contained in this Privacy Policy, the terms of such applicable law shall control and the terms of this Privacy Policy shall be deemed to be amended to the extent necessary for such terms to comply with such applicable law.
We will not sell your personal information. As we explain in this Privacy Policy, we use cookies and other tracking technologies for analytics and to facilitate advertising. If you would like to opt out of our (and our third party advertising partners’) use of cookies and other tracking technologies, please review the instructions provided in the Online Tracking Opt-out Guide.
We only retain the Personal Data collected from you for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:
To review and update your Personal Data to ensure it is accurate, contact us at support@athleticgreens.com.
We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.
If you believe your Personal Data has been used in a way that is not consistent with this Privacy Policy, we invite you to contact us first at privacy@athleticgreens.com. We will make all efforts to resolve your complaints timely and accurately. Further, we have committed to cooperate with EU and Swiss Data Protection Authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC), and to comply with the information and advice provided by such authorities with regard to data transferred from the EU and Switzerland.
Under certain conditions, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
We reserve the right to modify the provisions of this Privacy Policy if deemed necessary. We will inform you of these changes on our website.
You can contact us by writing or email us at the address below:
Athletic Greens USA Inc.
Attn: Data Protection Officer
15021 County Route 76
Adams Center, NY 13606
Email for General Support:
support@athleticgreens.com
Email for Privacy Issues:
privacy@athleticgreens.com
Like many companies online, we may use services provided by Google, Facebook, Twitter and other companies that use tracking technology. These services rely on tracking technologies – such as cookies and web beacons – to collect directly from your device information about your browsing activities, your interactions with websites, and the device you are using to connect to the Internet. There are a number of ways to opt out of having your online activity and device data collected through these services, which we have summarized below:
Blocking cookies in your browser.
Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information 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.
Blocking advertising ID use in your mobile settings.
Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
Using privacy plug-ins or browsers.
You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers. You can also opt-out of Google Analytics by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout.
Platform opt-outs.
The following advertising partners offer opt-out features that let you opt-out of use of your information for interest-based advertising:
Advertising industry opt-out tools.
You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies: