California Privacy Notice
Last Updated: February 27, 2024
This California Privacy Notice (“California Notice”) supplements the Privacy Policy and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). Biocare (“Biocare”, “we”, “us”, “our”) adopted this California Notice to comply with California privacy laws, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). Any terms defined in the CPRA and not defined here have the same meaning when used in this California Notice.
Notice of Collection and Use of Personal Information
We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not Personal Information. To the extent this data is stored or associated with Personal Information, it will be treated as Personal Information; otherwise, the data is not subject to this notice.
Categories of Personal Information
Within the last twelve (12) months, we have collected the following categories of Personal Information:
Identifiers such as a real name, account name, email address, online identifier, internet protocol address, mobile device identifier (including Apple IDFA or an Android Advertising ID), or other similar identifiers.
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code 1798.80(e)), such as your name, account or mailing address, phone number, credit card number, and debit card number.
Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Internet or other electronic network activity information, such as the pages you visit; the sites you use before or after visiting ours; your actions within the Services; the type of content or advertisements you have accessed, seen, forwarded and/or clicked on; Wi-Fi connections; date and time stamps; log files; and diagnostic, crash, website, and performance logs and reports.
Audio, electronic, visual, thermal, olfactory, or similar information, such as voicemails on our customer service phone line.
Inferences drawn from any of the information above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, and shopping behavior.
We will not collect additional categories of Personal Information other than those categories listed above. If we intend to collect additional categories of Personal Information, we will provide you with a new notice at or before the time of collection.
Use of Personal Information
We collect and process your Personal Information for the following business and commercial purposes:
Providing, predicting, or performing, including creating, maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, and processing payments.
Responding to your requests, communicating with you regarding the Services and our content, providing product information, servicing your requests and orders, and providing you with the applicable services, features or functionality associated with your submission(s).
Marketing our products and services to you, including sending you promotional or marketing communications, which may include contests, promotions, and special offers for products and services.
For internal business purposes, such as optimizing the Services, evaluating the popularity of content or effectiveness of our marketing campaigns, generating statistics and developing marketing plans, and otherwise for general administrative, analytical, research, optimization, and security purposes.
Understanding your use of the Services and improving or customizing the Services and the content, offerings, or advertisements you see on the Services.
Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
Debugging to identify and repair errors that impair existing intended functionality.
Complying with applicable laws, regulations, rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law.
As necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties.
We collect and process your Sensitive Personal Information for undertaking activities to verify or maintain the quality or our Services, or enhance our Services; personalizing, advertising, and marketing our Services; and conducting analytics and data analysis.
We will not use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you with notice.
Sources of Personal Information
We collect Personal Information from the following categories of sources:
From You. For example, if you choose to create an account on our website; contact us or otherwise communicate with us in any way; subscribe or opt in to our newsletter, alerts, or other communications; subscribe or opt in to SMS messages; sign up for product waitlists; participate in a contest or promotion, order our products; submit product reviews, questions, feedback or user comments; complete an optional survey; contact customer service; or otherwise interact with the Services.
From our Service Providers. For example, we contract with companies or individuals to provide certain services related to the functionality and features of the Services, including content streaming; email and hosting services; software development; data management; orders, payment processing; management of forms, quizzes and polls; customer service; returns; live chat; marketing; fraud prevention; product review and questions; and administration of contests and other promotions. See our Privacy Policy for more information about our services providers.
Operating Systems and Platforms. For example, we automatically collect information relating to the computer or device you are using when you access our Services, such as your computer’s IP address, your mobile device identifiers, the type of browser and operating system you are using, and your device and browser settings.
Data Analytics Providers. For example, we and our technology providers automatically collect data related to your use of the Services through the use of logging and analytics tools (such as Google Analytics), cookies, pixel tags, and other tracking technologies and as a result of your use of and access to the Services, such as the pages you visit, the sites you use before or after visiting ours, your actions within the Services, the type of content or advertisements you have accessed, seen, forwarded and/or clicked on, Wi-Fi connections, date and time stamps, log files, and diagnostic, crash, website, and performance logs and reports. Google Analytics may also collect information through other methods in addition to cookies. Information collected by Google Analytics when you use our Sites, and the way it is used, is described in the applicable Google Privacy Policy and Google Terms of Service.
Advertising Networks. For example, ad networks, such as Google, to serve advertisements across the Internet. These advertisers use cookies, pixel tags, and other tracking technologies to collect information about your online activity and provide online behavioral advertising.
Social Networks. For example, if you connect to our Services through a third-party social network such as Facebook, TikTok, YouTube, Twitter or Instagram (each, a “Social Network”), we may collect Personal Information from your profile, such as your name, username, and e-mail address.
Retention of Personal Information
We retain your Personal Information for no longer than is needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine retention periods include: (i) the length of time we have on an ongoing relationship with you and provide the Services to you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of compliance with laws (such as, in regard to applicable statutes of limitations, litigation or regulatory investigations).
Your California Privacy Rights
California’s “Shine the Light” law, permits our users who
are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to customerservice@biocarenutrition.com, and are free of charge. However, we do not disclose personal information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.
The CPRA provides California residents with the following rights:
Right to Know: You have the right to request that we disclose certain information to you about the Personal Information we collected, used, disclosed, and sold about you during the applicable time period. This includes a request to know any or all of the following:
The categories of Personal Information collected about you;
The categories of sources from which we collected your Personal Information;
The categories of Personal Information that we have sold, shared or disclosed about you for a business purpose;
The categories of third parties to whom your Personal Information was disclosed for a business purpose;
Our business or commercial purpose for collecting, selling or sharing your Personal Information; and
The specific pieces of Personal Information we have collected about you.
Data Portability: You have the right to request a copy of Personal Information we have collected and maintained about you during the applicable time period.
Right to Deletion: You have the right to request that we delete the Personal Information we collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your Personal Information, we may deny your request or may retain certain elements of your Personal Information if it is necessary for us or our service providers to:
Complete the transaction for which the Personal Information was collected, 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 our business and you.
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 pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
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 the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
Comply with a legal obligation.
Otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Right to Opt-In to Financial Incentives: You have the right to opt-in to financial incentives. You also have the right to opt-out at any time. Please see the “Notice of Financial Incentive(s)” section below for more information about the financial incentive(s) and/or price or service difference(s) that we may offer.
Right to Opt-Out/In: You have the right to opt-out of the sale or sharing of your Personal Information. You also have the right to opt-in to the sale or sharing of Personal Information. Please see our Notice of Right to Opt-Out on our “Do Not Sell or Share My Personal Information” page for more information about your opt-out/in rights.
Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of your CPRA privacy rights. Unless permitted by the CPRA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Right to Correct: You have the right to correct inaccurate Personal Information about you. Once we receive and verify your request, we will use commercially reasonable efforts to correct the inaccurate Personal Information about you.
Right to Opt-Out of Automated Decision Making: You have the right to opt-out of the use of automated decision making technology, including profiling.
Right to Access Information about Automated Decision Making: You have the right to request access to and information about how automated decision technologies work and what their likely outcomes are.
Right to Restrict or Limit: You have the right to restrict the use and disclosure of Sensitive Personal Information to certain purposes related to the offering of goods or services as listed in the CPRA, other than those that are commercially necessary or as otherwise authorized by the CPRA. To exercise this right, please see our “Notice of Right to Opt-Out” on our “Do Not Sell or Share My Personal Information” page for more information about your opt-out/in rights.
Some of our products and services, however, may require your Personal Information. If you choose not to provide your Personal Information that is necessary to provide any aspect of our products or services, you may not be able to use those products or services. In addition, as described in the section captioned “Your Rights” in the Privacy Policy, it is possible to change your browser settings to block the automatic collection of certain information.
Submitting a Verified Consumer Request
To exercise your rights outlined above, you must provide us with sufficient information to allow us to verify your identity, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Once we receive the information you provide to us, we will review it and determine if more information is necessary to verify your identity as required by law, and we may request additional information in order to do so.
To exercise your California privacy rights described above, please submit a verifiable request to us by:
Calling us at 1-800-222-9201.
Visiting Do Not Sell or Share My Personal Information
Emailing us at customerservice@biocarenutrition.com
Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your Personal Information. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. We will need to verify your identity with at least two (2) pieces of information, such as name and email address.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.
Consumer Request by an Authorized Agent
If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require the below items:
To verify your authorization to request on behalf of a California resident, provide one or more of the following: (1) California Secretary of State authorization, (2) written permission from the California resident, or (3) power of attorney.
Sufficient information to verify the authorized agent’s identity, depending on the nature of the request.
To verify the identity of the California resident for whom the request is being made, provide the information set forth above for verification of the consumer request.
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 the Personal Information relates to you. We will only use Personal Information provided in a verifiable consumer request to verify the request’s identity or authority to make the request.
We will acknowledge receipt of the request within ten (10) business days of its receipt. We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Sale or Sharing of Personal Information
We may share your Personal Information: (i) in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law; (ii) when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company, our users, or others; and in connection with the enforcement of our Terms of Service and other agreements; or (iii) in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
We do not sell or share your Personal Information to third parties for money. However, the CPRA defines “sale” and “share” broadly, and that definition could include information that we have shared with certain technology providers that provide certain services to us, including delivering advertisements that we believe may be of interest to you. In the past twelve (12) months, we have “sold” or “shared” (as defined under the CPRA) the following categories of Personal Information to the following categories of third parties:
Category 1: Advertising Networks and Social Networks
Category 3: Advertising Networks and Social Networks
Category 4: Advertising Networks and Social Networks
Category 5: Advertising Networks and Social Networks
Category 6: Advertising Networks and Social Networks
Category 7: Advertising Networks, Social Networks and Data Analytics Providers
We “sell” (as defined under the CPRA) your Personal Information for the following business or commercial purposes:
Marketing our products and services to you, including sending you promotional or marketing communications, which may include
contests, promotions, and special offers for products and services.
Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions.
We “share” (as defined under CPRA) your Personal Information for the following business or commercial purposes:
Disclosing your personal information by electronic means to a third party (such as Google Analytics and other tracking technologies) for cross-context behavioral advertising.
We do not and will not knowingly “sell” or “share” the Personal Information of minors under the age of 16 without affirmative authorization.
Do Not Track
We use analytics systems and providers and participate in ad networks that process Personal Information about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. We currently process or comply with any web browser’s “do not track” signal or similar mechanisms.
Note, however, that you may find information about how to opt out of online behavioral advertising and/or block or reject certain tracking technologies in our Privacy Policy.
Notice of Financial Incentive(s)
From time to time, we may offer a financial incentive and/or price or service difference to our customers related to the collection of
Personal Information. This Notice of Financial Incentive(s) explains the financial incentives or price or service differences that we may offer, so that you can make an informed decision on whether you would like to participate.
Customers who sign up for our emails may receive a coupon code on their next purchase. You can opt-in to receive this code by providing your email address and/or phone number. You have the right to withdraw your consent to participate at any time and can do so by clicking on the “Unsubscribe” link at the bottom of our marketing communications.
Generally, we do not assign monetary or other value to Personal Information. However, in the event we are required by law to assign
such value in the context of financial incentives or price or service differences that we offer, we have valued the Personal Information collected and used as being equal to the value of the discount code or financial incentive offered, and the calculation of the value is based upon a reasonable and good-faith estimate often involving the consideration of (i) the categories of Personal Information collected (e.g., email addresses and phone numbers), (ii) the value of the discount offered, and (iii) the value of the total purchase (excluding taxes and fees). The disclosure of the value described herein is not intended to waive, nor should be interpreted as a waiver to, our proprietary or business confidential information, including trade secrets, and does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards.
Modifications and Updates to this California Notice
This California Notice replaces all previous disclosures we may have provided to you about our information practices with respect to the
Services. We reserve the right, at any time, to modify, alter, and/or update this California Notice, and any such modifications, alterations, or updates will be effective upon our posting of the revised California Notice. We will use reasonable efforts to notify you in the event material changes are made to our processing activities and/or this California Notice, such as by posting a notice on the Services or sending you an email. Your continued use of the Services following our posting of any revised California Notice will constitute your acknowledgement of the amended California Notice.
Additional Information and Assistance
If you have any questions or concerns about this California notice and/or how we process Personal Information, please contact us at:
Biocare
c/o Robard Corporation
821 East Gate Drive
Mount Laurel, NJ 08054
United States
Phone:
856-778-8080
Email:
customerservice@biocarenutrition.com
California Proposition 65 Statement
WARNING:
These products can expose you to certain chemicals including lead, which is known to the state of California to cause cancer and/or birth defects of other reproductive harm.
For more information, go to www.p65warnings.ca.gov.