Last Updated: August 11, 2024

If you are a resident of California, this notice applies to you and supplements the Top Nutritions™ Privacy Policy located here. This notice is intended to provide certain information to you as required by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, “CCPA”).

When we use the term “personal information” in this notice, we are referring to information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, such as your real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. Personal information does not include publicly available information and certain other information that is regulated by other applicable laws.

Information We Collect

In the last twelve (12) months, we have collected the following categories of personal information from consumers:

Category

Examples

Identifiers

Your name, email address, address, social media page information, payment and payment card information, gender, date of birth, phone number, billing address, login and account information, and IP address

Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))

Your name, address, and phone number. Some Personal Information included in this category may overlap with other categories

Protected classification characteristics under California or federal law

Your gender preferences

Commercial information

Your purchase history and information about products and services that you have considered purchasing

Internet or other similar network activity

Browsing history, search history, personal preferences including marketing and cookie preferences, unique identifiers, and information

Geolocation data

Information about your physical location collected from geolocation features on your device, including your IP address

Inferences drawn from the above

Information about your preferences

Categories of Sources

We collect personal information directly from you when you provide it to us through our website, when you interact with us through social media, and when you make a purchase. Some information is also automatically generated and collected when you visit our website. We may also receive information from social media sources such as Facebook.

Our Business Purposes for Collecting Personal Information

• To sell products and perform services: Including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, and processing payments.
• To respond to requests and communications from you.
• To improve our website and our services.
• To send you updates about our company.
• For targeted marketing campaigns.
• To inform you about our products and services and to gather feedback from you on our website and services.
• To better understand your interactions with our website and communications in order to personalize our marketing communications.

Third Parties We Share Personal Information With

• You, your authorized representatives, legal agents, and other persons acting on your behalf or to whom you ask, instruct, or authorize us to disclose your personal information.
• Our contracted service providers who provide a service to or on behalf of us, such as analytics service providers, payment processors, email service providers, marketing partners, and website partners.
• Our auditors, consultants, accountants, attorneys, and others providing professional advice to us.
• Applicable governmental, regulatory, supervisory, law enforcement, tax or similar authorities or industry bodies.
• Any other person or entity we reasonably think is customary, necessary, or advisable for the business purposes disclosed in our Privacy Policy or to whom we are obliged by applicable law or regulation to make the disclosure.
• Any other party where we have obtained your consent.

Your Rights

As a California resident, you have the following rights under the CCPA:

Right to Know

You have the right to request that we disclose certain information to you about our collection and use of your personal information. This includes:

• The categories of personal information we have collected about you.
• The categories of sources from which we have collected your personal information.
• Our business or commercial purpose(s) for collecting or selling your personal information.
• The categories of third parties with whom we have shared your personal information.
• The specific pieces of personal information we have collected about you.

Right to Opt-Out of Cookies and Sale/Sharing Using Online Tracking Technologies

Our use of online tracking technologies may be considered a “sale” or “sharing” under California law. Visitors to our website can opt out of being tracked by third parties by clicking the settings button below and indicating your choices or by contacting Customer Support.

As a California resident, you may opt out by broadcasting an Opt-Out Preference Signal, such as the Global Privacy Control (GPC). To download and use a browser supporting the GPC browser signal, click here. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

The Right to Limit the Use of Sensitive Personal Information

California residents have the right to limit the use of sensitive personal information. Top Nutritions™ only collects sensitive personal information, as defined by applicable California law, for the purposes allowed by law or with your consent. We do not collect or process sensitive personal information for inferring characteristics about you.

The Right to Access, Correct, and Delete Personal Information

You may have the right to request access to and receive details about the personal information we maintain about you and how we have processed it, correct inaccuracies, get a copy of, or delete your personal information. These rights may be limited in some circumstances by applicable law.

Access and Deletion: You can submit a request to access or delete your personal information by emailing info@topnutritions.com and including “CALIFORNIA RIGHTS” in the subject line. California residents may do so for personal information collected in at least the last 12 months and may make a request not more often than twice per 12-month period.

You have the right at any time to request that we delete your personal information. However, in some cases, we cannot delete all or some of your personal information as required or permitted by applicable law.

Corrections: You can correct certain information related to your account by logging into your account on the website. Only one email address may be associated with an account and can only be changed by emailing info@topnutritions.com.

Financial Incentives

We may offer you various financial incentives, such as discounts and special offers when you provide us with contact information and identifiers such as your name, email address, and/or mobile phone number. When you sign-up for our loyalty program, marketing lists, or other discounts and special offers, you opt into a financial incentive. You may withdraw from a financial incentive at any time by opting out or unsubscribing from the marketing communications or closing your loyalty member account.

Generally, we do not assign monetary or other value to personal information; however, California law requires that we assign such value in the context of financial incentives. In such a context, the value of the personal information is related to the estimated cost of providing the relevant financial incentive(s) for which the information was collected.

Right to Non-Discrimination

We will not discriminate against you for exercising your rights under the CCPA, such as denying you products and services, charging you different rates or prices, including the use of discounts or penalties, or suggesting or providing a different level of service or quality of products to you.

How to Contact Us to Exercise Your Rights

To submit a request to exercise your “Right to Know” or “Right to Delete” rights provided in this notice, please contact us at info@topnutritions.com. We will evaluate the request and take action where required to do so.

We will confirm receipt of your request within 10 business days and will provide information about how we will process your request. We always aim to respond to your request as soon as we can, within the timeframes permitted under the CCPA. If we are not able to respond to your request within 45 days, we will let you know that we may require additional time (up to 90 total days).

Verification of Requests and Authorized Agents

We may have to verify your identity when you contact us to exercise your “Right to Know” or your “Right to Delete.” Our verification process may vary depending on the nature of your request. However, generally, we will verify your request by asking you to:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized agent.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you.

You may also use an authorized agent to exercise your rights on your behalf. If you wish to use an authorized agent to make a request on your behalf, unless you have provided the authorized agent with power of attorney, we may require that:

1. You provide your authorized agent signed permission to do so.
2. You verify your identity.
3. You confirm that you have provided the authorized agent permission to submit the request.

We may deny any request from an authorized agent that does not submit proof that they have been authorized by you to act on your behalf. Your authorized agent may make a request on your behalf by contacting us at info@topnutritions.com.