PRIVACY POLICY

Effective Date: February 2019

Welcome to the website ("Website") operated by BA Sports Nutrition, LLC ("Company" or "the Company"). The Company realizes many consumers are concerned about the collection, use, and disclosure of their information by the Company. Accordingly, the Company has implemented this Privacy Policy ("Policy") to describe the types of information collected by the Company, what is done with it, how it is protected and when, if at all, it is disclosed it to third parties. By ordering our products, using our services and viewing our Website, you are consenting to the data collection and use practices described in this Policy, as modified from time to time by us in our sole discretion. We reserve the right to modify our Policy and invite you to consult this Policy from time to time in order to familiarize yourself with any changes. We will post any new Policy on our websites, changing the date of such Policy.

How Do You Agree To The Policy?

This Policy is a part of and subject to the Terms Of Service ("TOS"). Accordingly, when you visit the Website, including without limitation to, verify your credit card, place an order, arrange for a delivery or return a purchase, you automatically agree that you have read, understand, and agree that the Company can collect, use, and disclose your information in accordance with this Policy. If you do not agree or are not comfortable at all with any part of this Policy, you should not use the Website.

Collection, Use and Processing of Personal Data.

The Company collects data relating to a specific person for processing and usage purposes only, if you voluntarily decide to enter the data or expressly give your consent thereto. By doing so, you accept the terms of use herein. When visiting the Website, certain data are automatically stored on our servers for the purpose of system administration or for statistical or backup purposes. These data comprise the name of your Internet service provider, in some cases your IP address, the version of your browser software, the operating system of the computer used to access our website, the website you are using to visit us, the websites that you visit while you are with us and, if applicable, any search terms you have been using to find our website. Depending on the circumstances, such data may allow that conclusions be drawn about certain visitors to the website. However, no person-related data are used in this context. Such data are used solely after having been rendered anonymously. We may use this information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Website (for example, by generating analytics about how our customers browse and interact with the Website), and to assess the success of our marketing and advertising campaigns. If the Company transfers data to an external service-provider, technical and organizational measures will be taken which guarantee that their transmission occurs in conformity with the statutory data protection regulations. If you voluntarily supply the Company with personal-related data, the Company shall not use, process or transfer these data beyond the limits permitted by statute or defined by yourself in your declaration of consent. Furthermore, the Company will transfer your data only, if the Company is obliged to do so by official or court orders. Any changes to this Privacy Statement will be published on this page. This enables you to inform yourself at any time about which data we are storing and how we collect and use such data.
Cookies.

By using or accessing the Website, you are consenting to our use of Cookies as follows. Cookies are bits of electronic information that a website can transfer to a visitor's hard drive to help tailor and keep records of his or her visit. Cookies allow website operators to better customize visits to the site to the visitor's individual preferences. Most but not all commercial websites use cookies. Although most web browsers automatically accept cookies, commonly found browser settings may allow you to change your browser to prevent or notify you whenever you are sent a cookie. This gives you the chance to decide whether or not to accept it. However, if you set your browser such that it does not accept cookies, you may not be able to access certain of the features on the Website. In addition, if you refuse to accept cookies you agree to assume all responsibility for any resulting loss of the Website's functionality. The Company may use both session ID cookies and persistent cookies. The Company may use session cookies to make it easier for you to navigate the Website. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser's "help" file. The Company sets a persistent cookie if password storage features are introduced to the Website to store your passwords, so you don't have to enter it more than once. Persistent cookies also enable the Company to track and target the interests of Website visitors to enhance the experience on the Website. This privacy statement covers the use of cookies by BA Sports Nutrition, LLC only and does not cover the use of cookies by any third party.

When Will We Disclose Your Personal Information Without Your Consent?

Except as provided below, the Company will not disclose your personal information to third parties who are not our affiliates without your consent. (The Company will, however, share your personal information with our affiliates.) The Company will only share personal information with affiliates in order to process fulfillment of consumer sweepstake award packages or similar promotional prizes. The Company does not sell or exchange customer lists or customer information for marketing purposes with unaffiliated third parties. However, the Company reserves the right to disclose your personal information without your consent for any of the following reasons:

Disclosure to Successors. The Company may disclose your personal information to any actual or potential successor-in-interest of ours, such as a third party that is seeking to acquire the Company.
Third-Party Service Providers. The Company may disclose your personal information to third-party service providers who help us provide or maintain the Website, including, without limitation, website hosting and shipping partners, or other parties who assist us in operating our website, conducting our business, administering contests, promotions or referral programs, processing payments or providing our services. The Company requires by contract that these third-party service providers implement and maintain all reasonable practices to protect your personal information. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

Other Disclosure. The Company will disclose your personal information without your consent to prevent an emergency, to protect or enforce our rights, to protect against suspected fraud, to protect or enforce the rights of a third party, or as required or permitted by law (including, without limitation, to comply with a subpoena, court order, or judicial proceeding, or legal process served on our Website). We do not collect or process any data regarding race or ethnic origin, political opinions, religious or philosophical beliefs, trade union memberships, genetic or biometric data, health or mortality, sex life or sexual orientation unless required to by law such as in the event of a court case.

How Does the Company Protect Your Personal Information?

Whenever the Company obtains your personal information, the Company will implement and maintain reasonable practices to protect your personal information from unauthorized access or disclosure. While the Company will use such efforts, the Company cannot and will not act as insurers or guarantors of the security of your personal information. Therefore, the Company assumes no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond the reasonable control of the Company. By using the Website or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Website or sending a message.

Children's Personal Information. Our Websites are general audience sites and the Company is not targeting the Website to children, and the Company does not knowingly collect contact information from children under the age of 13. By using this Website, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website. If you are under the age of 13, please do not email the Company, contact the Company, attempt to use the Website, submit information to the Website, or ask the Company to email you. If you are under the age of 18 but over the age of 13, it is recommended that you make every effort to gain permission from a parent or guardian before you email, contact, attempt to use the Website or otherwise attempt to communicate with the Company submit information to the Website, or otherwise ask the Company to email you.

Opt In Registration.

In order to use the Website you are not required to register but you may have the option to fill out certain registration forms. While filling out these forms you may be required to give contact information (such as name and email address). The Company may use this information to contact you about certain services on the Website in which you have expressed interest. If you fill out these forms you may receive newsletters, special offers and promotional information on Company products and events. If you sign up for Company consumer sweepstakes the Company may collect shipping and contact information. This information will only be used to process your sweepstakes entry and will not be shared with third parties other than as required to process potential prize fulfillment. You may also receive newsletters and special offers on BA Sports Nutrition, LLC products. The Company is the sole owner of the information collected on BA Sports Nutrition, LLC Website.

Links to Other Websites.

Our websites may contain links to third party web sites. These linked sites are not under Company's control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on our websites does not imply endorsement of the linked site by the Company. If you provide any personal information through any such third party web site, your transaction will occur on such third party's web site and the personal information you provide will be collected by, and controlled by the privacy policy of, that third party. We recommend that you familiarize yourself with the privacy policies and practices of any such third parties.

PLEASE NOTE THAT THIS POLICY DOES NOT ADDRESS THE PRIVACY OR INFORMATION PRACTICES OF ANY THIRD PARTIES.

Trademark Rights.

The Company and its affiliates, licensors and content providers are the owners of all the trademarks used on the Company websites. Third parties are not allowed to use and apply any of the trademarks, logos and identifying marks without the express written consent of the Company.
Changes to this Privacy Statement.

If the Company decides to change the Policy, the Company will post those changes to this privacy statement and other places considered appropriate so that you are aware of what information is collected, how it is used and under what circumstances, if any, the Company may disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Website. If we make material changes to this Policy, we will notify you here or by means of a notice on our home page.

California Privacy Rights.

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. If you are a California resident, you may request this information once per calendar year by writing to us at info@drinkbodyarmor.com.
International Users.

Our Website is based in the United States. If you are visiting from the European Union or other region with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information, you expressly consent to any transfer and processing in accordance with this Policy while acknowledging that privacy laws in the United States may be different, and in some cases, less protective, than those in effect in your jurisdiction.

Users in the European Union (the “EEA”) and Switzerland. If you are a resident of the EEA or Switzerland, the following information applies.

1. Purposes of processing and legal basis for processing: As explained above, we process personal data in various ways depending upon your use of our Site. We process Personal Information on the following legal bases: (1) with your consent; (2) as necessary to perform our agreement to provide services; and (3) as necessary for our legitimate interests in providing the services where those interests do not override your fundamental rights and freedom related to data privacy.

2. Right to lodge a complaint: Users that reside in the EEA or Switzerland have the right pursuant to the General Data Protection Regulation (“GDPR”) to lodge a complaint about our data collection and processing actions with the supervisory authority concerned. Contact details for data protection authorities are available here [link: https://edpb.europa.eu/about-edpb/board/members_en].

3. Transfers: Information we collect may be transferred to, and stored and processed in, the United States or any other country in which we or our affiliates or subcontractors maintain facilities. We will ensure that transfers of personal data to a third country or an international organization are subject to appropriate safeguards as described in Article 46 of the GDPR.

4. Individual Rights: If you are a resident of the EEA or Switzerland, you are entitled to the following rights. Please note: In order to verify your identity, we may require you to provide us with personal data prior to accessing any records containing information about you.

a. The right to request data erasure. You have the right to have your data erased from our Sites if the data is no longer necessary for the purpose for which it was collected, you withdraw consent and no other legal basis for processing exists, or you believe your fundamental rights to data privacy and protection outweigh our legitimate interest in continuing the processing.

b. The right to restrict or object to our processing. You have the right to restrict or object to our processing if we are processing your data based on legitimate interests or the performance of a task in the public interest as an exercise of official authority (including profiling); using your data for direct marketing (including profiling); or processing your data for purposes of scientific or historical research and statistics.

Questions About Privacy Policy:

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, contact our Privacy Compliance Officer at CALL: PH (718) 357-7402 WRITE: BA Sports Nutrition, LLC 17-20 Whitestone Expressway, Suite 401, Whitestone, NY 11357 EMAIL: info@drinkbodyarmor.com.

We urge you to also carefully read our “Terms of Use” for more information on the use of our Website.