Privacy Policy

This Privacy Policy is effective September 30, 2024.

  1. Scope of this Policy
  2. Agreement to Terms
  3. Effective Date and Changes to this Policy
  4. The Information We Collect
  5. Cookies
  6. Children’s Privacy
  7. How We Use Your Personal Information
  8. How We Share Your Personal Information
  9. Your Privacy Choices
  10. How We Store and Safeguard Your Personal Information
  11. Additional Disclosures for Residents of California
  12. Additional Disclosures for Residents of Canada
  13. Additional Disclosures for Residents of the European Union (EU) and United Kingdom (UK)
  14. Third-party Links
  15. Contact Us

 

1. Scope of this Policy

Thank you for visiting the Naked Nutrition website (the “Site”), owned and operated by Naked Whey, Inc. (“Naked”, “We”, “Our”).  The purpose of this Privacy Policy is to inform you of the treatment and handling of personal information that we may learn about you from using our website at nakednutrition.com and nakednutrition.ca (the “Site”) and/or by use of any of our products or services (collectively, with the Site, the “Service”). If you have any questions regarding this information or our privacy practices, please see the Contact Us section at the end of this Privacy Policy.

2. Agreement to Terms

If you do not agree with the terms of this Privacy Policy or our Terms of Use, then you should immediately discontinue use of the Service without providing us any personal information.

3. Effective Date and Changes to this Policy

This Privacy Policy is effective as of the date above and will remain in effect until a new policy supersedes it. We may choose to update this Privacy Policy at our discretion, so you should check this page periodically as the terms may change from time-to-time. When we make changes, we will revise the effective date at the top of this page. In the event of a material change to this Privacy Policy, we will provide a message through the Site or via an email address associated with your account informing you of the change. We also encourage users to frequently check this page for any changes and to stay informed about our privacy practices, especially before you provide information, and particularly personal information, to us through the Service.

4. The Information We Collect

We may collect the following categories of personal information (a) directly from you (such as when you purchase a product from us, create an account, or send communications to us), (b) from third parties such as partner companies involved in joint promotions, (c) from the device and browser that you use to access the Site, and (d) from cookies and similar technologies:

Identifiers

We may collect your name, username and password, date of birth, email address, telephone number, shipping address, and company name (if applicable).

Commercial and Financial Information

If you purchase a product from us, we collect billing and payment information from you. We may also collect your order history.

User-submitted Content

We collect information that you post or submit to the Site, such as product reviews, as well as correspondence and survey responses that you send to us, or when you engage with our live chat feature.

Device Information

We may collect device information when you visit the Site. Device information may include your computer and mobile device type, browser type, IP address, unique identifiers, domain names, access times, and geolocation information.

Internet or Other Network Activity

We may collect information concerning your interaction with the Site, including when you access the Site and your browsing activity (such as which pages you visit, in what order, and for how long). This may include “traffic data” or tracking information provided by the Site’s host or similar providers (e.g., Google Analytics) that may be helpful for marketing purposes or for improving the Service.

Inferences

We may draw inferences from the information identified above that may reflect your preferences, characteristics, or interests.

You are not required to provide all personal information identified in this Privacy Policy to use our Site or to interact with us offline, but certain functionality will not be available if you do not provide certain personal information. For example, if you do not provide certain personal information, we may not be able to respond to your requests, create an account for you, perform a transaction or enter into a contract, or provide you with marketing we believe you may find valuable.     

5. Cookies

We store certain information that gets collected automatically at our end through cookies and other similar technologies. A cookie is a small string of information that a website that you visit transfers to your browser for identification purposes. Cookies can be used to follow your activity while using a website or across websites, and that information helps companies understand your preferences and tendencies, as well as improve and personalize your website experience. Some cookies are necessary to operate a website, while others can be functional, analytical, or used for marketing purposes, including targeted advertising (as discussed in more detail below). Cookies on the Sites are generally divided into the following categories:

  • Strictly Necessary Cookies. These are required for the operation of the Site. They include, for example, cookies that enable you to log into password-protected portions of the Site. These cookies are session cookies that are erased when you close your browser.
  • Analytical/Performance Cookies. These allow us to recognize and count the number of visitors to each of the Sites and understand how such users navigate through the Sites (e.g., when and which pages are visited, in what order the pages are visited, and where a user is located). 

We also use Google Analytics for part of this process. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. Google provides users with the ability to prevent their data from being used by Google Analytics—learn more by going to https://tools.google.com/dlpage/gaoptout.

  • Functional Cookies. These improve the functional performance of each of the Sites and make them easier for you to use. For example, functional cookies are used to remember preferences such as your chosen language, location, or other settings. These cookies typically qualify as persistent cookies because they remain on your device for use during your next visit to the Site. You can delete these cookies as detailed below.
  • Marketing Cookies. These record your visit to the Sites and the pages you have visited and the links you have followed, to recognize you as a previous visitor, and to track your activity on the Sites and other websites you visit. These cookies are used to display ads on other websites based on your visits to the Sites and other online activity. These cookies qualify as persistent cookies because they remain on your device. 
  • Third Party Pixels and Cookies. When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout. This information can also be found here: https://retention.com/support/update-privacy-policy/

We also use third parties to provide certain features or functionality through the Service. For example, we use Shopify to operate our online store. You can learn more about Shopify’s cookies at https://www.shopify.com/legal/cookies.

You can also prevent the use of certain cookies by modifying your Internet browser settings, typically under the sections “Help,” “Internet Options,” or “Settings.” If you disable or delete certain cookies in your Internet browser settings, you may still access a Site, however, you might not be able to access or use important functions or features of the Site.

Do Not Track

At this time, we do not recognize the “Do Not Track” browser-based standard signal, however, we recognize the Global Privacy Control (“GPC”) as a valid request from you to opt out of non-essential cookies.

6. Children’s Privacy

The Site is not intended for users under the age of 16. We do not knowingly or intentionally gather personal information about visitors who are under the age of 16. If you are aware of, or suspect that, someone under the age of 16 is using the Site without permission, please notify us immediately by contacting us as detailed below. If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out the FTC Guidelines for protecting your child’s privacy online.

7. How We Use Your Personal Information

We collect and use personal information for various purposes, including:

Providing our Service

We use personal information to provide our Service to you, such as to: fulfill orders and or complete transactions that you request; personalize your experience; process payments and billing; ensure our Service is compatible with your computer or mobile device; and create, maintain, and otherwise manage your account.

Communicating with you

We use your personal information to communicate with you, such as to: send notifications to you related to your purchases; provide customer service; engage with you via our live chat feature; respond to and/or follow-up on your requests, inquires, issues, or feedback; and send you requests to participate in surveys.

Analytics and personalization

We use personal information: to understand how you interact with our Service, advertisements, and communications; to conduct research and analytics, including to improve our Service and our marketing campaigns; to analyze and evaluate issues relating to nutrition and fitness; and to personalize your experience when you use our Service.

Marketing and promotional purposes

We use personal information for marketing and promotional purposes, such as: to send marketing, advertising, and promotional communications by email, phone, or text message; to show you advertisements that we and our partners believe will be tailored to your interests; and to administer contests and other promotions.

Business functionsfsa

We use personal information: to support our core business functions, including to maintain business process management records; to collect amounts owed to us; and to provide and maintain the functionality of our Service, including identifying and addressing errors or problems.

Security and fraud prevention

We use personal information to detect, investigate, prevent, and take action regarding possible or actual security incidents and malicious, deceptive, fraudulent, or illegal activity and to prosecute those responsible.

Legal rights and obligations

We use personal information to comply with legal and regulatory obligations, to establish or exercise our rights, and to defend against legal claims.

8. How We Share Your Personal Information

We may share personal information, for the purposes outlined above, with the following categories of recipients:

  • Service providers: We share personal information with service providers, acting as data processors, to enable such parties to perform functions on our behalf and under our instructions in order to carry out the purposes identified above (e.g., information technology services, information storage, payment processing, fraud detection, marketing management and communications, customer service functions, statistical analysis). A limited number of service providers will act as data controllers (e.g., fraud detection, statistical analysis) and will be contractually obligated to comply with applicable data protection laws, rules, and regulations. (For information about how Shopify handles your Personal Data visit https://www.shopify.com/legal/privacy.)
  • Advertising partners and social media networks, to provide you with marketing that we or our partners believe will be relevant to you.
  • Auditors, advisors, and financial institutions: We share personal information with auditors for the performance of audit functions, and with advisors for the provision of legal and other advice, and with financial institutions in connection with payment and other transactions.
  • Site visitors, such as when you leave a review, your name and the content of your review can be seen by other Site visitors.
  • Business reorganization: We may share personal information with third parties in connection with a change to the control or financial status of the company, including a corporate restructuring, sale, acquisition, financing, reorganization, bankruptcy, receivership, transfer, or assignment of assets or business merger or divestiture. Personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction.
  • Mandatory disclosures and legal rights: We may share personal information in order to comply with any subpoena, court order or other legal process, or other governmental request. We also share personal information to establish or protect our legal rights, property, or safety, or the rights, property, or safety of others, or to defend against legal claims or prevent fraud.

If you have questions about the parties with which we share personal information, please contact us as specified in the Contact Us section, below.

9. Your Privacy Choices

At checkout or on our newsletter sign-up form you will have the option to receive marketing communications from us, by ticking a box indicating that you would like to receive such communications during checkout or at any time while browsing the Site by entering your email address into our newsletter sign-up form.  You may sign-up for our e-newsletter on our Site or opt-in to receive news, offers, or updates from us.

If you no longer wish to receive any marketing communications, remain on a mailing list to which you previously subscribed, or receive any other marketing communication, you can choose to not receive such communications at any time.  Please follow the unsubscribe link in the relevant communication (e.g., ticking a box to opt-out, clicking “unsubscribe” in a marketing email from us, or replying STOP to a text message) or contact us as detailed below.

10. How We Store and Safeguard Your Information

We maintain reasonable technical and organizational measures to protect personal information from loss, misuse, alteration, or unintentional destruction. However, no security measure can guarantee against compromise. Except to the extent that liability cannot be excluded or limited due to applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. 

You also have an important role in protecting your personal information. You should not share your username and password with anyone, and you should not re-use passwords across websites. If you have any reason to believe that your username or password has been compromised, please contact us as detailed below.

11. Additional Disclosures for Residents of California

This section describes how we collect, use, process, and disclose personal information of California consumers and the rights you may have under California law. These disclosures are intended to supplement this Privacy Policy with information required by California law.

To understand what personal information we may have collected about you, and from where we collected it, please see the section The Information We.

We collect this personal information, as further described in the How We Use Your Personal Information section, to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives.

We disclose the following categories of personal information for business or commercial purposes to the categories of recipients listed below:

Identifiers

Service providers; advertising partners and social media networks; Business reorganization; Mandatory disclosures and legal rights

Commercial and Financial Information

Service providers; Auditors, advisors, and financial institutions; Business reorganization; Mandatory disclosures and legal rights

User-submitted Content

Service providers; Site Visitors; Business reorganization; Mandatory disclosures and legal rights

Device Information

Service providers; Business reorganization; Advertising partners and social media networks; Mandatory disclosures and legal rights

Internet or Other Network Activity

Service providers; Business reorganization; Advertising partners and social media networks; Mandatory disclosures and legal rights

Inferences

Service providers; Business reorganization; Advertising partners and social media networks; Mandatory disclosures and legal rights

For more information on how your information is shared, please see the How We Share Your Personal Information section.

Sale of Personal Information

Our use of some cookies and similar technologies may be considered a “sale” under California law. California law defines “sale” broadly to include any disclosure of information in return for any value. The value does not need to be monetary like in a traditional sale. However, the disclosure of personal information to advertising partners and social media networks through cookies and similar technologies may qualify as a sale. You can opt out of these cookies and similar technologies by clicking the “Do Not Sell or Share My Personal Information” link at the bottom of the page.

The categories of personal information disclosed that may be considered a “sale” under California law are: Identifiers, Device Information, Internet or Other Network Activity, and Inferences.

The categories of third parties to whom personal information was disclosed that may be considered a “sale” under California law are:  advertising partners and social media networks.

We do not sell, or have actual knowledge of any sale of, the personal information of minors under 16 years of age.

Your Rights

Under California law, you have a right to notice, upon collection, of the categories of personal information collected and the purposes for which the information will be used. In addition, California residents may have additional rights, subject to certain limitations, including:

  • Access: You may have the right to access a copy of the categories and specific pieces of personal information that we have collected, used, and/or disclosed.
  • Correction: You may have the right to request that we correct inaccurate personal information that we hold about you, taking into account the nature of the personal information and the purposes of the processing of the personal information.
  • Deletion: You may have the right to request that we delete or anonymize your personal information, with certain exceptions.
  • Sale/Sharing Opt-out: You may also have the right to opt-out of the sale of your personal information.
  • No Retaliation: You have the right to be free from discrimination for exercising your rights.

You may exercise your right to opt-out of “sales” by clicking the “Do Not Sell or Share My Personal Information” link at the bottom of the page. We also recognize the Global Privacy Control as a valid request from you to opt out of the sale of your personal information.

If you wish to exercise any of these other rights or have any questions or concerns regarding the processing of your personal information, please email us at privacy@nakednutrition.com. We will respond to your request consistent with applicable law.

Please note, however, before we will be able to process your request, we will need to properly verify your identity for security purposes. Where we possess appropriate information about you on file (e.g., name, phone number, email, or physical address), we will attempt to verify your identity using that information.

To use an authorized agent to make a request on your behalf, we require the authorized agent to provide proof that you gave the agent signed permission to submit the request. We may also require you to verify your identity directly with us or directly confirm with us that you provided the authorized agent permission to submit the request.

12. Additional Disclosures for Residents of Canada

We retain personal information for as long as you have an account with us in order to meet our contractual obligations to you and for seven years after that and/or purchase of services to identify any issues and resolve any potential legal proceedings.

Please contact us at privacy@nakednutrition.com:

  • If you wish to access, update, and/or correct inaccuracies in your personal information or change your consent preferences (note: we may need to collect personal information for the purposes of verifying your identity before responding to your request);
  • For information about how our foreign-based service providers process your personal information; or
  • If you have any questions or complaints about the manner in which we treat your personal information.

13. Additional Disclosures for Residents of the European Union (EU) and United Kingdom (UK)

International data transfer. 

We take steps to ensure that we handle your personal information subject to appropriate safeguards. As a US company, most of our operations are conducted in the United States and in order to provide the Service, personal information may be processed in the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. We provide appropriate protections for cross-border transfers as required by applicable law for international data transfers. With respect to transfers originating from the European Economic Area and the U.K., we implement the standard contractual clauses approved by the European Commission and the International Data Transfer Addendum approved by the U.K. Information Commissioner’s Office, respectively.

Retention of your personal information. 

We typically retain personal information related to marketing activities for as long as you accept marketing communications from us, and no longer than six (6) years from your last contact with us (unless required by law). In any event, upon request, we will securely delete such data in accordance with applicable law. For personal information that we collect and process for other purposes, as described above, we typically retain such personal information for no longer than the period necessary to fulfill the purposes outlined in this Privacy Policy, and as otherwise needed to address tax, corporate, compliance, employment, litigation, and other legal rights and obligations. 

Lawful bases for handling your data. 

Where required, we have several different legal grounds on which we collect and process your personal information for the purposes set out in the section above, How We Use Your Personal Information, including: (i) as may be necessary to perform a contract (such as when you choose to purchase Naked products); (ii) as necessary to comply with a legal obligation (such as when we use personal information for recordkeeping to substantiate tax liability); (iii) consent (where you have provided consent as appropriate under applicable law, such as for direct marketing or certain cookies); and (iv) as necessary for our legitimate interests (such as when we act to maintain our business generally, including maintaining the safety and security of the Site).

Automated decision-making.

We do not use automated decision-making without human intervention, including profiling, in a way that produces legal effects concerning you or that otherwise significantly affects you. However, we use profiling and analytics to understand how people use the Site and for marketing purposes. These analytics help us understand and improve the Service. We also use security and fraud analytics, for example, to identify potential fraud.

Your Rights

To the extent required under applicable law, you have the right of:

  • Access. You have the right to request a copy of the personal information we are processing about you, which we will provide to you in electronic form.
  • Rectification. You have the right to require that any incomplete or inaccurate personal information that we process about you is amended.
  • Deletion. You have the right to request that we delete personal information that we process about you, unless, for example, we are required to retain such data in order to comply with a legal obligation or to establish, exercise or defend legal claims.
  • Restriction. You have the right to request that we restrict our processing of your personal information where: (i) you believe such data to be inaccurate; (ii) our processing is unlawful; or (iii) we no longer need to process such data for a particular purpose, but where we are not able to delete the data due to a legal or other obligation or because you do not want us to delete it. 
  • Portability. You have the right to request that we transmit the personal information we hold with respect to you to another data controller.
  • Objection. Where the legal justification for our processing of your personal information is our legitimate interest, you have the right to object to such processing on grounds relating to your situation (e.g., direct marketing).  We will abide by your request unless we have compelling legitimate grounds for the processing which override your interests and rights, or if we need to continue to process the data for the establishment, exercise or defense of a legal claim.
  • Withdrawing Consent.  If you have consented to our processing of your personal information, you have the right to withdraw your consent at any time, free of charge. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the point in time when you withdraw your consent.

Some rights may be limited, and we may need to retain certain personal information, as required or permitted by applicable law. To inquire about or exercise the rights listed above, at any time, contact us at privacy@nakednutrition.com with the subject line “Privacy” so that we can get your email to the right team member. We will respond to your request consistent with applicable law.

If you feel that your request or concern was not satisfactorily resolved by us, you have the right to lodge a complaint with your local data protection authority.

More on the right to object

You may exercise your right to object to us using or processing your information for direct marketing purposes by: clicking the unsubscribe link contained at the bottom of any marketing email we send to you and following the instructions which appear in your browser following your clicking on that link.

For more information on how to object to our use of information collected from cookies and similar technologies, please see the section entitled Cookies, above.

14. Third-Party Links and Third-Party Advertising

Third-Party Links

This website contains links and references to other websites (e.g., social media buttons) administered by unaffiliated third parties.  This Privacy Policy does not apply to such third-party websites. When you click a link to visit a third-party website, you will be subject to that website's privacy practices. The inclusion of a link on our website does not imply endorsement of the linked site or service by us or by our affiliates. We encourage you to familiarize yourself with the privacy and security practices of any linked third-party websites before providing any personal information on those websites.  

Third-Party Advertising

We use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use our website and other websites or online services. You may receive advertisements based on information relating to your access to and use of our website and other websites or online services on any of your devices, as well as on information received from third parties. These companies place or recognize a unique cookie on your browser (including through the use of pixel tags). They also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop.

If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/#/.

15. Contact Us

If you have questions or comments regarding this Privacy Policy or our privacy practices, please contact us in writing by sending an email to privacy@nakednutrition.com or reach out to us via telephone at (855) 964-0970.