2. INTERNATIONAL VISITORS
The Site and the Services are hosted in and provided from the United States and are intended for visitors located within the United States. If you use the Site and/or the Services from the European Union, Canada, or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States. The United States does not have the same data protection laws as the EU, Canada, and some other regions. If you are a European resident, you have the right to access the personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through our contact information below. Also, we may transfer your data from the United States to other countries or regions in connection with the storage and processing of data, fulfilling your requests, marketing efforts, and operating our business. By providing your Personal Information, you consent to the transfer of your personal data to the United States and the use of your Personal Information, in accordance with this Policy.
This Policy applies to all relevant information collected by or provided to us or our authorized third-party vendors or partners in connection with the Services as of the Effective Date. When we make any material changes to this Policy, we will update the Effective Date above and may also inform you by e-mail sent to the address associated with Services you may request from us and/or any account you open with us. We will treat your continued use of the Services following such notice as your acceptance of the changes.
4. COLLECTED INFORMATION
4.1. INFORMATION YOU SUBMIT.
We may collect Personal Information you and other consumers, prospective consumers, Site users, and other individuals and entities with whom NITRO has contact (such as those served by internet-connected devices or household recipients of direct mail to “current resident”) provide to us when you use the Site and/or our Services or provide to our business partners, contacts, and vendors. We may collect Personal Information in order to improve our Services, to deliver services and perform obligations under contracts we have with you, to comply with our own legal obligations, and for other purposes as described below. For example, we may collect and maintain Personal Information about you to create a personal profile containing purchasing preferences and other information that you voluntarily provide to us if you create an account with us. Examples of the types of information we may collect for this purpose include your first and last name, and a valid email address. Creating and completing a customer account and/or profile may allow you to make orders more easily and also allows us to enhance your purchasing experiences. Additionally, if you order a product via our Site, we may ask you for information such as name, address, telephone number, e-mail address, and credit card number to process your order. We may use your e-mail address to send a confirmation and, if necessary, may use the other information to contact you for help to process the order. As indicated below, we may also use your e-mail address to notify you about special offers and promotions. You can choose not to provide such Personal Information, in which case you will not be able to access or use portions of the Site or some of its features. To the extent you decline to share certain Personal Information with us, we may not be able to provide some or all of the features and functionalities found on the Services.
4.2. INFORMATION COLLECTED AUTOMATICALLY.
When you use the Services, we may automatically gather certain non-personally identifiable information from you. This may include usage information, such as information on when, how often, and for how long you use the Services and the content you submit and view. This also may include server log data such as the IP address, time zone, operating system, some of the cookies installed on your device, or the webpage you were visiting before you came to our Site. As described below, we may collect this information through a number of means, including server logs, cookies, online tracking mechanisms, and in connection with third parties. We may associate such non-personally identifiable information with the personally identifiable information that you provide in connection with the Services. This information will be treated as Personal Information if we combine or link it to identifying information. Otherwise, this information constitutes aggregate information.
We may use certain third-party services to assist us in analysis, auditing, research, and reporting regarding the Services. For instance, our web servers may collect “log data.” Log data provides aggregate information about the number of visits to different pages on the Sites. We may use log data for troubleshooting purposes and to track which pages people visit in order to improve the Sites. We do not link log data collected to Personal Information. Third-party vendors may also collect aggregate log data independently from us. Some of the pages on the Site may also contain electronic images known as web beacons that allow us to count the number of users who have visited those pages. These web beacons collect only limited information such as a cookie number, time and date of a page view, and a description of the page on which the web beacon resides. Such web beacons do not carry or collect any Personal Information and you cannot opt-out or refuse them. However, where they operate with cookies, you can render them ineffective by opting out of cookies or changing the cookie setting in your browser.
4.6. MARKETING EMAILS AND ADVERTISEMENTS; DO NOT TRACK.
4.7. SOCIAL NETWORKING INFORMATION.
4.8. CHILDREN UNDER 18.
NITRO does not knowingly collect information from children under 18 and the Services are intended for adults over the age of 18. If you are a parent or guardian and believe that your child under the age of 18 has used the Services and provided personally identifiable information to us through the Services, please contact us at hello@drinkNITRO.com and we will work to delete that Services account and any such personally identifiable information.
5. USE OF INFORMATION
In compliance with privacy laws, we only use your Personal Information if we have a proper reason for doing so, e.g.:
- To comply with our legal and regulatory obligations;
- For the performance of our obligations or contractual arrangements with you or to take steps at your request before entering into contractual arrangements with you;
- For our legitimate interests or those of a third party; or
- Where you have given consent.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. The table below explains our uses of Personal Information and the corresponding reason(s):
Uses of Personal Information
To provide Services to you To communicate with you
For the performance of our contractual arrangements with you with you or to take steps at your request before entering into contractual arrangements with you
To prevent and detect fraud or abuse
For our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us, a third party or for you
Conducting checks to identify our customers and verify their identity Other processing necessary to comply with professional, legal, and regulatory obligations that apply to our business, e.g. under health and safety regulation or rules issued by our professional regulator
To comply with our legal and regulatory obligations
Gathering and providing information required by or relating to audits, inquiries, or investigations by regulatory entities
To comply with our legal and regulatory obligations
Ensuring business policies are followed, e.g. policies covering security and internet use
For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can improve our Services
Operational reasons, such as improving efficiency, training, and quality control
For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can improve our Services
Ensuring the confidentiality of commercially sensitive information
For our legitimate interests or those of a third party, i.e. to protect trade secrets and other commercially valuable information To comply with our legal and regulatory obligations
Statistical analysis to help us manage our business, e.g. in relation to our financial performance, customer base, product or service range, or other efficiency measures
For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can improve our Services
Preventing unauthorized access and modifications to our systems
For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you To comply with our legal and regulatory obligations
Updating and enhancing customer records
For the performance of our contractual arrangements with you or to take steps at your request before entering into contractual arrangements with you To comply with our legal and regulatory obligations For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about existing orders and new products
Ensuring safe working practices, staff administration, and assessments, and to enforce our policies and terms
To comply with our legal and regulatory obligations For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
When in line with the preferences you have shared with us, marketing our Services and those of selected third parties to: existing and former customers; third parties who have previously expressed an interest in our Services; third parties with whom we have had no previous dealings
For our legitimate interests or those of a third party, i.e. to promote our business to existing and former customers
Credit reference checks via external credit reference agencies
For our legitimate interests or those of a third party, i.e. to ensure our customers are likely to be able to pay for our Services
External audits and quality checks, e.g. security accreditation and the audit of our accounts
For our legitimate interests or a those of a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards To comply with our legal and regulatory obligations
We also may use such to perform functions as otherwise described to you at the time of collection.
6. DISCLOSURE OF INFORMATION
We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our Site or while using our Services. We may routinely share Personal Information with:
- Our affiliates and business partners;
- Our service providers and those with whom we’ve contracted in connection with our Services, such as payment service providers, marketing agencies, and website hosts;
- Third parties approved by you, including social media sites you choose to link to your account or third-party payment providers;
- Credit reporting agencies;
- Our insurers and brokers; and
- Our financial and legal institutions.
7. VIEWING AND AMENDING INFORMATION.
You can choose not to provide us with certain information, but that may result in you being unable to use certain features of our Site and the Services because such information may be required in order for you to register an account with us; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our Site. Please contact us at hello@drinkNITRO.com if you no longer wish to receive communications regarding the Services. Opt-out requests may not be able to be immediately processed, and we may also continue to send you other types of transactional and relationship email communications, such as service announcements, administrative notices, and surveys, without offering you the opportunity to opt-out of receiving them. You may request that we not share your personal information with third parties for direct marketing purposes by contacting us at hello@drinkNITRO.com. Please also note that changing information in your account or otherwise opting out of receipt of promotional email communications will only affect future activities or communications from us. Account owners can log into their Services account and view, amend, or delete their user account information at any time. Please note that while changes or deletions to your account or Personal Information are reflected promptly in active user databases, our servers or our associated third parties may retain previously provided information, and may be required to keep certain information and not delete it (or to keep information for a certain amount of time, in which case NITRO will comply with your deletion request only after we have fulfilled such requirements). Also, changes to, or deletion of, any user information associated with an account you have with us does not affect any other information collected by NITRO, which NITRO may retain and continue to use or disclose in accordance with this Policy. If we have already provided your information to a third party before you have changed your preferences or updated your information, you may have to change your preferences directly with that third party. We reserve the right to verify the identity of any person making a request to opt-out or to delete or modify Personal Information; provided, however, that we will have no liability of any kind resulting from false or erroneous requests or any change or deletion made by us for any reason. We store Personal Information for only as long as reasonably necessary to fulfill the purposes described above, as we determine is necessary for business records, and as required under applicable law.
8. SECURITY; UPDATES.
9. CALIFORNIA RESIDENTS - YOUR CALIFORNIA PRIVACY RIGHTS.
The following provisions apply only to residents of the state of California: 9.1. DO NOT TRACK. Section 22575 of the California Business & Professions Code requires website and online service operators to disclose whether they honor web browser “Do Not Track” settings. At this time, no standard has been adopted by the World Wide Web Consortium (W3C) regarding such practices, and given current industry considerations, NITRO does not generally respond to “do not track” signals and may collect Personal Information about your online activities over time and across different websites when you visit the Site, for example by using cookies on our Site. We will update our practices and Policy as these standards evolve. For more information about Do Not Track, please visit www.allaboutdnt.org. 9.2. CCPA. You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to exercise free of charge:
Disclosure of Personal Information We Collect About You
You have the right to know:
· The categories of Personal Information we have collected about you;
· The categories of sources from which the Personal Information is collected; · Our business or commercial purpose for collecting or selling Personal Information; · The categories of third parties with whom we share Personal Information if any; and · The specific pieces of Personal Information we have collected about you. Please note that we are not required to:
· Retain any Personal Information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained; · Re-identify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered Personal Information; or
· Provide the Personal Information to you more than twice in a 12-month period.
Personal Information Sold or Used for a Business Purpose
In connection with any Personal Information we may sell or disclose to a third party for a business purpose, you have the right to know:
· The categories of Personal Information about you that we sold and the categories of third parties to whom the Personal Information was sold; and
· The categories of Personal Information that we disclosed about you for a business purpose.
· You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection laws, as applicable, to opt-out of the sale of your Personal Information.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
· Delete your Personal Information from our records; and
· Direct any service providers to delete your Personal Information from their records. Please note that we may not delete your Personal Information if it is necessary to:
· Complete the transaction for which the Personal Information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
· Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
· Debug to identify and repair errors that impair existing intended functionality;
· Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
· Comply with the California Electronic Communications Privacy Act;
· Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
· Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; · Comply with an existing legal obligation; or
· Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Protection Against Discrimination
You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:
· Deny goods or services to you;
· Charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
· Provide a different level or quality of goods or services to you; or
· Suggest that you will receive a different price or rate for goods or services or a different level or quality of goods or services. Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your Personal Information.
10. QUESTIONS/CONTACT INFORMATION.
- Email us at hello@drinkNITRO.com
Please note that you may only make a CCPA-related data access or data portability disclosure request twice within a 12-month period. If you choose to contact us directly, you will need to provide us with:
- Enough information to identify you (e.g., your full name, address, and customer or matter reference number);
- Proof of your identity and address (e.g., a copy of your driver's license or passport and a recent utility or credit card bill); and
- A description of what right you want to exercise and the information to which your request relates.
12. SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt-In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method, you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt-Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@drinkNITRO.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with a text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
Age Restriction: You may not use engaging with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Torrance, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which NITRO’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
We may also work with third parties to serve ads to you on our behalf or on behalf of other advertisers on third-party platforms (such as Facebook or Google). As part of these ad campaigns, we or third-party platforms may convert information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us and others to serve you advertising that is customized to your interests. Note that the third-party platforms may offer you choices about whether you see these types of customized ads.