Naked Nutrition Privacy Policy

Last Updated: April 15, 2020

1. The Scope of this Policy
2. Agreement to Terms
3. Effective Date and Changes to this Notice
4. The Information We Collect
5. How We Use Your Personal Information
6. How We Share Your Information
7. How We Store and Safeguard Your Information
8. California Residents Privacy Rights
9. Return Policy
10. Contact Us
11. SMS / MMS Mobile Messaging Marketing Program

Thank you for visiting the Naked Nutrition website (the “Site”), owned and operated by Naked Whey, Inc. (“Naked”, “We”, “Our”).  Please read the following information carefully. It tells you when this notice is effective, what information we collect from you, how we might use it, how you can review or change the personal information you provided to us, how we may change this notice, and the steps we take to ensure that your personal information is protected.

All activities in which you may engage on this website are voluntary. You are not required to provide any personal information to us unless you choose to access features on this site which require such information. If you do not agree with the terms of this notice or other terms of use on this website, then you should immediately exit this website without providing us with any of your personally identifiable information and discontinue use of the site.

3. Effective Date and Changes to this Notice

This Privacy Notice is effective as of the date above and will remain in effect until a new notice supersedes it. We may choose to update this notice at our discretion, so you should check this page periodically as the terms may change from time to time. The most recent version of the notice will be reflected by the “last updated” date noted at the top of the page. In the event of a major change to this Privacy Notice, we will provide a conspicuous message either through the site or via an email address associated with your account informing you of the change. After a reasonable period of time from providing the message, your affirmative consent or continued use of the site will constitute your acknowledgment of the notice in its current version and your understanding of the terms of the notice.

4. Information Collected from You

Types of Identifying Information We Collect

The majority of this site is offered without collecting any personally identifiable information from our visitors. However, we may collect personal information about you in specific instances described below. We may collect the following personally identifiable information:

• name
• e-mail address
• billing address
• shipping address
• phone number
• payment information
• order history
• birth date

Your information is collected when you create an account on the site, place an order, when you voluntarily submit it to enter contests, to request information, or to update your account on the site. We may use your personal information to respond to a request for information or to award prizes or samples.

We may directly contact you with special offers from time to time, but only when you have given us permission to do so. You may decline to receive these offers by clicking the “Unsubscribe” link in any of our email newsletters. 

Types of Non-Identifying Information We Collect

We may also collect general information resulting from your activity on the Site, including your preferences and other tendencies. This includes anonymous “traffic data” or tracking information provided by the website’s host or similar provider of such information (i.e., Google Analytics) that does not personally identify you but may be helpful for marketing purposes or for improving the services we offer. Analytics is the process of collecting, analyzing, and reporting aggregate data. This information may include which pages are visited, in what order the pages are visited, when a Visitor or User accesses a page, how long they may stay on a particular page, and where they are located. It may also provide information about what browser, network, or device is used to visit our Site. To learn more about Google Analytics and how to opt out, please visit www.google.com/analytics/learn/privacy.html.

In addition, when you visit or use our Site, we may also log your anonymous IP addresses, a unique identifier for your computer or other access device. This helps us diagnose problems with our server, to administer our Site, or to display the content according to your preferences.

Cookies and Web Beacons.

A cookie is a small string of information that the website you visit transfers to your computer for identification purposes.  Cookies can be used to follow your activity on the Site, for example recording clickstream data, and that information helps websites to understand your preferences and improve and personalize your website experience.  Cookies are also used for such activities as remembering your username and password, saving items to a shopping cart and facilitating the checkout process, if you use such a feature on the Site.  You can turn off all cookies in the event you prefer not to receive them.  You can also have your computer warn you whenever cookies are being used.  There are also software products available that can manage cookies for you.  Please be aware, however, that when you choose to reject cookies, you may lose access to certain features of our Site.

Third parties whose websites are accessible through links on the Site may also use their own cookies when you link to their site or service.  We do not control these third parties’ use of cookies and cannot guarantee that they will uphold the same privacy standards as us.  We expressly disclaim any and all liability related to the collection, use or disclosure of information by third parties.  You should review the privacy policies of any third-party sites that you visit through a link from the Site to understand how these third parties use cookies and the information they collect through cookies.  Most cookies are “session cookies” which means that they are automatically deleted at the end of each session. Most browsers are initially set to accept cookies.  You can set your browser to notify you when you receive a cookie, giving you a chance to decide whether or not to accept it.

A web beacon is an invisible pixel-sized graphic image on a web page, web-based document or e-mail message. It helps us do things like view the URL of the page on which the beacon appears and the time the Site, document or email in question is viewed. They can be used to confirm the receipt of, and response to, our emails, including those that you forward to friends and family; and they help deliver a more personalized online experience.

A Note to Parents Regarding Children’s Information

Naked is committed to protecting the on-line privacy of children. We do not knowingly collect personal information from children under 13 or allow them to create an account through the Site.  We take children’s privacy seriously and encourage parents to play an active role in their children’s online experience at all times.  If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out http://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.

5. How We Use Your Personal Information

We use your information for the following purposes:

• To Provide Our Services.  We use your information to fulfill your purchases; process, store, and deliver communications; and provide customer service and support respond to your inquiries; 
• Marketing and Promotions.  For marketing and promotional purposes, such as to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you, including information about select third-party products and services. We will send you this information only if you have expressly opted-in to receiving e-mails from us. If you no longer wish to receive any e-mails from us, you may unsubscribe by updating your email preferences.
• Surveys and Contests. To administer surveys or contests and to provide you with relevant products or services (for example, to deliver a prize you may have won in a contest). 
• Analytics. To analyze visits to the website and learn about the interests of visitors in aggregate and also on a personal level to better understand your interests and needs, so we can improve its products and services and deliver the type of content, features and promotions that you are most interested in.
• Internal Monitoring.  To detect, prevent and address technical issues and gather information so that we can improve our Site.

California Do-Not-Track Disclosures

Without changing or revoking any of your privacy protections contained in this Privacy Notice, Naked respects your privacy, but we do not alter the information we collect or change our services upon receiving “do-not-track” signals, as the term appears in Cal. Bus. & Prof. Code §§ 22575(b)(5).

6. How We Share Your Personal Information

We use your personal information to provide the Site to you, complete transactions, deliver products, handle your customer service questions or issues, request feedback, and send communications to you about promotions, updates, or special offers from us that may be of interest to you.  We may also use your depersonalized personal information to provide analyses of our users in the aggregate (including Analytical Data subject to the terms of this Privacy Policy) to prospective partners and other third parties.  We will also share the personal information we collect from you under the following circumstances, and you expressly authorize us to share your information as follows:

• Service Providers.  We may share your personal information with service providers (including our affiliates that provide services on our behalf) that we engage for the purpose of processing information on our and your behalf.  Additionally, we may partner with other companies to process, analyze, and/or store data, including, but not limited to, Analytical Data.  While providing services for us, these companies may access your personal information.  To the extent applicable, we require these parties to comply with this Privacy Policy and appropriate confidentiality and security measures.
• Protection of Rights.  We will share personal information if we have a good faith belief that: (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities; (ii) such action is appropriate to enforce our Terms of Use for the Site, including any investigation of potential violations thereof; (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Site; or (iv) such action is appropriate to protect the rights, property or safety of us, our employees, users of the Site or others.
• Asset Transfers.  If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including personal information collected from you through your use of the Site, could be included in the transferred assets.  You expressly consent to such transfer.  Should such an event occur, we will use reasonable means to notify you through email and/or a prominent notice on the Site.

Your Choice to Opt Out

If you no longer want to receive our emails or other announcements, you may unsubscribe by writing to us at privacy@nkdnutrition.com or following the instructions provided through the Site or the “unsubscribe” link at the bottom of our emails.  Please note that you cannot unsubscribe from certain correspondence from us, including messages relating directly to your purchase or account.

7. How We Store and Safeguard Your Information

The personal information that you provide to us is stored on servers which, to our knowledge, are located in secured facilities with restricted access and are protected by protocols and procedures designed to ensure the security of such information.  We restrict access to personal information to our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Site.  All of our personnel who have access to this information are trained in the maintenance and security of such information.  Access to such personal information is minimized whenever possible. Logs are kept of access, which can be monitored for unauthorized activities. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of the Site and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk.  Once we receive a transmission from you, we will endeavor to maintain its security on our systems.

Whenever you give out personal information online there is a risk that third parties may intercept and use that information.  While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online.  By using this Site, you expressly acknowledge and agree that we cannot guarantee the security of any data provided to or received by us through this site and that any personal information, general information, or other data or information received from you through the site is provided at your own risk.

In the event that personal information you provide to us is compromised as a result of a breach of security, when appropriate we will take reasonable steps to investigate the situation, notify you and take the necessary steps to comply with any applicable laws and regulations.

Links to Third Parties

The Naked Site may contain hyperlinks to websites owned and operated by third parties.  Where this is the case, we urge you to review the equivalent data protection, privacy and cookie policies available on such websites.  We do not accept any responsibility or liability for the data protection of privacy practices of third parties in relation to such websites and your use of third-party websites is entirely at your own risk.

8. California Resident’s Privacy Rights

The California Consumer Privacy Act of 2018 (the “CCPA”) is a California law that gives California residents (“consumers”), the right to learn about and control certain aspects of how a business handles the personal information that a business collects about them.  For purposes of this addendum, Naked is referred to as “we” or “our”.  Pursuant to the CCPA, effective January 1, 2010, consumers have certain rights, including:

• The right to know the categories of personal information we’ve collected and the categories of sources from which we got the information;
• The right to know the business purposes for sharing personal information;
• The right to know the categories of third parties with whom we’ve shared personal information;
• The right to access the specific pieces of personal information we’ve collected;
• The right to delete your information; and
• The right to opt-out of the sale of your information.
• California residents also have the right to not be discriminated against if they choose to exercise their privacy rights.

Your Personal Information

We disclose personal information at detailed in Section 6 above and for business purposes only.

Your Rights Under the CCPA

Right to Opt-Out of Sale of Your Personal Information

Consumers have the right to request that a business that sells the consumer’s personal

information, or that discloses it for a business purpose, inform the consumer of what has been collected about them and who it has been sold or disclosed to.  Consumers also have the right, at any time, to direct a business that sells personal information about them not to sell their personal information.

• Naked does not sell or share your personal information for monetary or other valuable consideration.

Right to Access / Data Portability

Consumers have the right to request that a business that collects personal information about them disclose the following: (1) The categories of personal information it has collected about that consumer; (2) The categories of sources from which the personal information is collected; (3) The business or commercial purpose for collecting or selling personal information; (4) The categories of third parties with whom the business shares personal information; (5) The specific pieces of personal information it has collected about that consumer.  The disclosure shall cover the 12-month period preceding the business’ receipt of the verifiable consumer request

• To exercise your right to access, you may submit a Verifiable Consumer Request by calling us toll free at (877) 432-5068, or by sending an email to privacy@nkdnutrition.com. Please include “Request for Access” in the subject line.
• If you submit your response via email, we will reach out within 10 days to confirm that we have received your request.
• We will then take steps to determine whether your request is a valid Verifiable Consumer Request. If you have an account, we may ask you to login to confirm this information.  We will not ask you to create an account if you do not already have one.  We will only ask for information that is reasonable in light of the nature of your request.
• When you submit a request for access:
  1. Within 45 days, we will provide you with a copy of the information listed in “Right to Access / Data Portability,” above, by mail or electronically. To the extent possible, this information shall be provided in a portable and useable format.
  2. In the event we need additional time, we will inform you within the initial 45-day period of our need for an additional 45 days (for a maximum of 90 days between request and provision of information).
  3. We are not required to provide personal information to a consumer more than twice in a 12-month period.

Right to Deletion

Consumers have the right to request that a business delete any personal information about them.  However, there are exceptions to this rule.  For example, a business does not have to delete information if it is necessary to: a) complete a transaction; b) prevent illegal activity; c) exercise free speech; d) comply with a legal obligation; e) identify or repair errors that impair functionality; or f) otherwise use a consumer’s personal information, internally, that is compatible with the context in which the consumer provided that information. 

• To exercise your right to deletion, you may submit a Verifiable Consumer Request by calling us toll free at (877) 432-5068, or by sending an email to privacy@nkdnutrition.com.  Please include “Request for Deletion” in the subject line.
• We will reach out within 10 days to confirm that we have received your request. 
• We will then take steps to determine whether your request is a valid Verifiable Consumer Request.  If you have an account, we may ask you to login to confirm this information.  We will not ask you to create an account if you do not already have one.  We will only ask for information that is reasonable in light of the nature of your request.
• When you submit a request for deletion:
• If you have an account, you can log in to request deletion. 
• For consumers that do not have an account, we have created a two-step process for responding to requests for deletion.  After you submit the initial request, we will ask that you separately confirm that you would like your information deleted.  
• If your request does not fall within one of the exceptions to deletion listed in “Right to Deletion,” above, we will confirm deletion within 45 days.  If we are not required to delete your account, we also let you know within 45 days. 

Right to Non-Discrimination

A business cannot discriminate against a consumer because the consumer exercised any of the consumer’s rights listed above. 

Questions:

If you have any questions about this California Privacy Rights, or any Naked privacy practices, please reach out to us at (877) 432-5068 or by sending an email to privacy@nkdnutrition.com.

9. Refund Policy

Unopened and unused items may be returned within 14 days for a full refund or exchange, less any shipping charges. Products may not be returned to the sender or our PO Box as a special label must be sent to the customer for a proper return. We recommend you insure your returns.

No refunds or returns for items sold 'as is'.

COUPONS, SUBSCRIPTIONS, AND PROMOTIONS

Coupons, subscriptions, and other promotions may not be combined.

10. SMS/MMS Mobile Messaging Marketing Program

SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages.  WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes.  To make such a request, please contact us at the email listed below in the "Contact Us" section.

This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.

11. Contact Us

If you have any questions or comments relating to our website or the Privacy Notice, send an e-mail to privacy@nkdnutrition.com.