Sunfresh Beverages, Inc., its affiliates and agencies (collectively, “Sunfresh Beverages, Inc.”, “we” or “us”) are committed to protecting the privacy of personal information you provide to us, including on our branded web sites, via various social media platforms, and in connection with the use of any mobile applications we may make available (collectively, the “Sites,” and each, a “Site”). We have adopted and publish this Privacy Policy so that you know what information we collect, how we use it, and how you can contact us to request information or changes to the personal information you provide to us. Users can access many features on the Sites anonymously; however, you may be asked to provide personal information when participating in sweepstakes, contests, surveys or providing feedback or when using other interactive areas of the Sites. Use of the Sites signifies your understanding and acceptance of the terms of this Privacy Policy. If you do not agree with any terms of this Privacy Policy, please do not use the Sites or submit any personally identifiable information to us. This Policy is subject to change, so you should check back here from time to time to review our most current Policy. For anyone who accesses the Services on behalf of a business, the term “you” in this Privacy Policy refers to both the individual accessing the Services and the business that person represents.
We use non-personally identifiable data and personally identifiable information collected on the Sites to update you about our products, services, and promotions, to provide you with other information that you request, and/or to improve our products and service offerings.
We collect and use non-personally identifiable information (e.g., number of visits to the Sites and/or aggregate data about pages visited) ("Aggregate Data") to improve the design and content of the Sites and we may use the Aggregate Data to analyze Site usage, as well as create services and features to fit your needs. We may perform statistical analyses of Aggregate Data and disclose the results as permitted by law.
We also collect names, contact information, payment and credit card information, location data and birth dates (i.e., personally identifiable information) from our users at several different points on the Sites if users choose to submit that information to us. Users electing to participate in certain areas of the Sites (e.g., product purchases, sweepstakes, contests and surveys, or use of mobile applications), will be asked to provide contact and other personal information. The requested information typically includes contact and other information required in order to verify eligibility to participate in promotions or to receive special offers or marketing information, or payment, contact and shipping information in order to complete a purchase at a Site. Contact information will be used, for example, to notify the winners and award prizes in connection with promotions, or to complete a purchase you have made and ship to you any products you may have purchased at the Sites. If you elect to use our referral service for informing a friend about any of the Sites or a promotion we are offering, we will request your friend’s name and e-mail address. We will automatically send your friend a one-time e-mail inviting him or her to visit a Site, or participate in a promotion. We store this information indefinitely but only use it one time for the purpose of sending this one-time e-mail and tracking the success of our referral program. If you register to receive communications from us via a wireless device, we may ask you to furnish your cell phone number. We reserve the right, for any reason, and in our sole discretion, to terminate, change, suspend or discontinue any aspect of any of the Sites, including, but not limited to, content, features or hours of availability, and to impose limits on certain features of a Site or restrict your access to part or all of a Site, without notice or penalty. In accordance with our routine record keeping, we may delete certain records that contain your personal information that you have submitted through any of the Sites. We are under no obligation to store such personal information indefinitely and disclaim any liability arising out of, or related to, the destruction of such personal information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.
We do not use or install spyware on your computer. We do not use spyware to retrieve information from your computer. When you view the Sites, we may store some information on your computer in the form of a "cookie." Cookies are used by many websites to give users access to certain functions. The information stored in the cookie can also be used to monitor a user's behavior on the Site. There are two types of cookies: the first saves a file for an extended period on your computer and is used to determine whether there has been any contact between us and your computer in the past; the second type is called a 'session cookie,' and is stored temporarily in your computer's memory while you are visiting the Site. Session cookies are not stored in your browser for an extended period, but are deleted when you close your browser. We use cookies to gather visitor statistics and to record information about your preferences as you navigate through the Sites. In this way, we hope to be able to better target relevant information to our visitors. Most web browsers automatically accept cookies but allow a visitor to modify security settings so he or she can approve or reject cookies on a case-by-case basis. You can access many features on the Sites without providing personal information to us, but if you decline to furnish personal information or if you prohibit cookies, you may limit our ability to provide you with the level of service on the Sites that you might otherwise receive.
We also may use other technology (including, for example, web bugs, e-mail bugs, clear GIFs, web beacons and/or tracker GIFs) at the Sites and/or in our communications with you to enhance the functionality of the Sites and to make your activities at the Sites more convenient and efficient (collectively, “Tracking Technologies”). These technologies may be used by us to store and collect information relating to your viewing and use of the Sites and our correspondence with you. We also may collect your IP (Internet Protocol) address to help diagnose problems with our server, administer the Sites and identify our users.
Any personal information you furnish via the Sites is collected and stored in a database. We have implemented, and will continue to take, reasonable security precautions to protect your personal information against the risk of unauthorized access, loss, misuse or alteration of any information under our control. Nevertheless, such security measures may not prevent all loss, misuse or alteration of information on the Sites, and we are not responsible for any damages or liabilities relating to any such security failures. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet. By using any of the Sites, you acknowledge that you understand and agree to assume these risks.
If a user wishes to subscribe to a newsletter or receive special offers or updates, we ask for contact information such as name and e-mail address. Out of respect for our users’ privacy, we provide a way to opt out of these communications. Please see the “Choice/Opt-out” section below. On rare occasions it is necessary to send out a service-related announcement. For instance, if any of the Sites is temporarily suspended for maintenance, or if we update this Privacy Policy, we may send users an e-mail. We communicate with users on a regular basis to provide requested services or respond to inquiries. We will generally correspond with users via e-mail or telephone, in accordance with the user’s wishes.
Our users are given the opportunity to opt out of having their personally identifiable information used for purposes not directly related to the Sites at the point where we ask for such information. For example, our promotion entry forms have an opt-out mechanism so users who participate in promotions, but do not want to receive any marketing communications from us or our brands, can keep their e-mail address off of our lists. Even if you opt out of having your personally identifiable information added to our marketing communications' lists, please note that we may still use your contact information to contact you specifically in connection with the promotion for which you submitted your information.
Sunfresh Beverages, Inc. employees and agents will not share information with any third parties other than as set forth in this Privacy Policy. We may use or disclose your personal information to protect the security and integrity of the Sites, to correct technical problems and malfunctions on the Sites, to technically process your information, or to take precautions against liability. We also may provide your personal information to vendors who provide services on our behalf. Those vendors may use your personal information solely in connection with the specific services they provide for us, including, without limitation, fulfillment of a prize, responding to your question or comment, deployment of a consumer survey, or investigation of a complaint. We may also provide your personal information to your credit card issuer, credit reporting and fraud checking agencies as necessary, and to a third party for purposes of processing payments for services and products that you elect to purchase through the Sites. We reserve the right to transfer any personally identifiable information we have about you in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business. We reserve the right to disclose any personal information as needed if that information is requested by law enforcement agencies or if we are required to do so by law, regulation, subpoena, court order, or by a government entity. We also may disclose your personal information to third parties if we have reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating the terms of use of one of the Sites. We will not send you any online newsletter or similar e-mail communication unless you expressly consent to receive such a communication from us. If you do choose to receive any such e-mail communication from us, you will always have the opportunity to “unsubscribe” from receiving our e-mails at any time. Please see the “Choice/Opt-out” section above.
You are solely responsible for the personally identifiable information and other content you post on or through the Sites. You understand that personal and other information that you post on or through public areas of the Sites (e.g., chats, blog comments) are generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. Users of the Sites are encouraged to exercise caution when posting personally identifiable information about themselves online. If you elect to use any of our referral services to inform a third party about any of the Sites, or if you otherwise provide a third party’s personal information to us, you warrant that you have permission to do so and you agree to indemnify, defend and hold harmless Sunfresh Beverages, Inc., its affiliates and agents from and against any claims, liabilities, costs and expenses arising in connection with your provision of that information.
This Privacy Policy will be interpreted under the laws of the United States of America. To the extent you are accessing the Sites from outside of the United States of America, you do so at your own risk. If you are located outside the United States of America, you should be aware that your personal information will be transferred to the United States of America, the laws of which may be deemed by the other countries to have inadequate data protection. If you are located in a country outside the United States of America and voluntarily submit personal information to us, you consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the United States of America.
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. To access this information, write to Sunfresh Beverages, Inc., Attn: Laura Kate Lindsey, 111 Oxmoor Road, Birmingham, Alabama 35209.
The Sites sometimes contain links to other websites, and sometimes we utilize third parties to provide, administer and maintain mobile applications for us (“App Providers”). We are not responsible for the privacy practices or the content of any such websites or of any App Providers. This Privacy Policy does not apply to any information that may be collected on any other websites or through mobile applications provided, administered or maintained by App Providers.
Although the Sites are intended for use primarily by adults, Sunfresh Beverages, Inc. is committed to safeguarding the privacy of children if they happen to visit any of the Sites. If you are under 18 years old, do not provide your name, e-mail address, or any other identifying information without the consent of your parent or guardian, or as otherwise provided for by applicable law. Verification of parent or guardian must be provided. We have developed our privacy practices as they relate to children from guidelines established by the Children’s Advertising Review Unit and in compliance with the requirements established by the Children’s Online Privacy Protection Act. You represent and warrant that you reside in the United States.
In the event our Privacy Policy should materially change, we will post the date of those changes within this Privacy Policy, with a notice on the Sites and in other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. In general, we will use your information in accordance with our Privacy Policy in effect at the time the personal information was collected. If, however, we decide to use or disclose users’ personally identifiable information in a manner different from that stated at the time of collection, we will notify users via e-mail prior to such use or disclosure of any such information. Users will have the opportunity to opt out of any change in the use of their information. However, if users have opted out of all communication with us or the Sites, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used or disclosed in this new manner. Your continued use of the Sites following the posting of changes to our Privacy Policy means you accept those changes. In some cases if we post such a notice, we will also e-mail users who have opted to receive communications from us to notify them of the changes in our privacy practices.
Last updated: September 1, 2015