PRIVACY POLICY

Last Updated: January 5, 2024

1. INTRODUCTION

Posh Peanut INC (“Company,” “us,” or “we”) respects the privacy of the visitors to the Posh Peanut’s website www.poshpeanut.com or any other website or mobile application we may operate (“Website” or “Site”). This Privacy Policy (“Privacy Policy” or “Policy”) is an agreement between us and our Website and you, as the user of the Posh Peanut’s Website (“you”). This agreement tells you when this Policy is effective, what information we collect from you, how we might use it, how you can review or change the Personal Information you provided to us, how we may change this Policy, and the steps we take to ensure that your Personal Information is protected. This Policy is published and maintained on behalf of the Company with offices located at 4300 San Fernando Rd Glendale, CA 91204.

This Policy applies to information we collect through any medium, including, but not limited to, information:

• On this Site
• In email, text, and other electronic messages between you and the Site
• Through mobile and desktop applications you download from this Site, which provide dedicated non-browser-based interaction between you and this Site
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy
• You provide to us or we obtain through offline means.

It does not apply to information collected by:

• Any third party (including our affiliates and subsidiaries) including through any application or content (including advertising) that may link or be accessible from or on the Site.

2. AGREEMENT TO TERMS OF PRIVACY POLICY AND TERMS OF USE

All activities in which you may engage on this Website are voluntary. You are not required to provide any Personal Information to us unless you choose to access this Site and/or the features on the Site that require your Personal Information. If you do not agree with the terms of this Policy or other Terms of Use on this Website, then you should immediately exit this Website and discontinue using the Site. If you do not agree with the terms of our Privacy Policy and/or our Terms of Use posted at https://poshpeanut.com/pages/terms-of-use, please do not provide us with any Personal Information, and leave this Website. The Terms of Use of this Site are expressly incorporated herein by reference and made a part of this Policy. By using the Website, you signify that you agree to the terms of this Privacy Policy as well as to our Terms of Use. 

3. EFFECTIVE DATE OF AND CHANGES TO PRIVACY POLICY

This Privacy Policy is effective as of January 5, 2024 and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the Website or we otherwise notify you of the changes. We reserve the right to change this Privacy Policy at any time. Changes, modifications, additions, or deletions will be effective immediately on their posting to this Site. We will provide you with notification of material changes as required by law. However, you should check this Policy periodically as its terms may change from time to time. Your continued use of the Site after we post any such modifications will constitute your acknowledgment of the modified Policy and your agreement to abide and be bound by the modified Policy. We will also revise the “last updated” date found at the beginning of this Privacy Policy when we post changes to it.

4. PERSONAL INFORMATION WE MAY COLLECT ABOUT YOU

TYPES OF INFORMATION COLLECTED. We may ask you for certain information referred to on this Site as “Personal Information,” which includes information that identifies or is identifiable to you. Such information may include, but is not limited to, items such as

• Contact details such as your name, address (including billing and delivery addresses), telephone number (including mobile number) and email address.
• Personal details including your age or date of birth, gender, marital status, family details.
• Username and password.
• Your social media handles, posts and information about your followers and the people that follow you.
• Details of financial and transaction data, including credit or debit card information, purchases, orders, returns and refunds.
• Online browsing activities on our Website, including which items you store in your shopping cart.
• Communication and marketing preferences.
• Correspondence and communications with us, including relating to complaints, allegations, disputes and claims.
• Other publicly available information, including any which you have shared via a public platform (such as LinkedIn, Bing, Pinterest, Google, Instagram, YouTube, Twitter or a public Facebook page).
• Interests, preferences, feedback and competition and survey responses.
• Other Personal Information you may provide through filling out forms or search queries on our Site.
• Data collected through the use of automated data collection tools (see Section 5, below).

You may be required to provide Personal Information to access or use certain parts of our Website or features of the Site. If you do not provide the requested Personal Information, you may not be able to access or use the features of the Site where such information is requested. This Site may also collect information that does not individually identify you.

We may also receive Personal Information from third parties such as our digital advertising service vendors and data providers. We may combine, merge and/or enhance the information we collect from You directly with the information we collect from third parties.

You also may provide information to be published or displayed on public areas of the Site, or transmitted to other users of the Site or third parties (collectively “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

5. PERSONAL INFORMATION WE MAY COLLECT WITH DATA COLLECTION TOOLS

There may be other instances in which we collect information from you using data collection tools such as cookies. Such information may include your Internet Protocol (IP) address, which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Your computer has an IP address, which is required in order for you to communicate with others via the Internet. Such information may be collected from you whenever you access the Site, whether or not you provide us with any Personal Information.

5.1. Cookies

A cookie is a small string of information that the Website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the Website and that information helps us to understand your preferences and improve your Website experience. We may also use cookies to gather information about your visits to our Website and enhance your experience.  You can manage your cookie preferences by visiting our cookie management tool by clicking on: Cookie Settings. You can also have your computer warn you whenever cookies are being used by adjusting your browser settings (such as Chrome, Safari, Firefox, Internet Explorer, or other browser). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the Website you visit, and you may lose access to some of its features.

We use cookies for such activities as remembering your username and password, if you use such a feature on this Site. We also use third party website analytics and digital advertising vendors that may place cookies when you visit our Website, log in, register or open an email. Our vendors 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. We further use cookies to help keep track of items you put into your shopping cart
including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS. You may opt out of receiving this advertising by visiting  https://app.retention.com/optout. For information on how we use cookies and other data collection tools for targeted advertising, see Section 9, below.

We may also use third-party cookies, such as Google Analytics, to collect standard Internet log information and visitor behavior information in an anonymous form. This information is then used by us to evaluate visitors’ use of the Site and to compile statistical reports on website activity for the Company. If you would like to opt-out from the use of your information by Google Analytics, you may use Google Analytics’ opt-out browser add-on designed for this purpose.

5.2. Clear GIF’s

We may use “clear GIFs” (aka “Web beacons” or “pixel tags”) or similar technologies, in the Site and/or in our communications with you to enable us to know whether you have visited a Web page or received a message. A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a Web page or message. A clear GIF may enable us to relate your viewing or receipt of a Web page or message to other information about you, including your Personal Information.

5.3. How We Respond to “Do Not Track” Disclosures

We are strongly committed to not sharing non-public information with third parties. Under this Privacy Policy, we may share your information only under particular situations, as described in this Policy. Because we protect all users in this manner, we do not change our behavior in response to a web browser's “do not track” signal.

6. HOW WE USE YOUR DATA

We  use the Personal Information we collect to provide products and services to you and for other purposes including:

• To provide the Site to you;
• To fulfill your requests such as those related to ordering and payment;
• To administer a content promotion survey or other Site and to provide you with the relevant products or services (for example, to deliver a prize you may have won in a contest).
• To send you information or materials via e-mail about products, offers, and news we think might interest you. This information may relate to products, offers, and news of Company or its licensees or selected commercial partners. We send you this only if you have single-opted-in to receive e-mails from our Website. A single-opt-in occurs when you only need to submit your email address to register for our Website and subscribe to any related mailings. If you no longer wish to receive any e-mails from us, or if you want to modify your Personal Information or want your Personal Information to be deleted from our database, see Section 12.
• To analyze visits to the Website and learn about the interests of our visitors in aggregate and also on a personal level to better understand your interests and needs, so we can improve our Site and our products and services and deliver to you the type of content, features and promotions that you are most interested in.
• To communicate with you, including by email, text or through chat functionality on the Website. 

Text marketing: By providing your phone number and clicking submit online, you agree to our Terms of Use and Privacy Policy, and authorize us to make or initiate sales calls, text messages and prerecorded voicemails to that phone number using an automated system. Your agreement is not a condition of purchasing any products, goods or services and you may elect to do business with us over the phone. We may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system. Message frequency may vary. Message & data rates may apply. Reply HELP for help or STOP to opt-out of receiving such text messages.

We may also use the Personal Information we collect for the following purposes:

Purpose	Information Used	Lawful Basis
To carry out identity and credit checks	Contact details and payment information relating to you or the organization you work for	We may have a legal obligation to undertake identification   We also have a legitimate interest in knowing your identity and carrying out money laundering checks and ensuring that we are likely to be paid
To enter into and perform contracts, where we may be supplying products/services to you and/or the organization you work for and/or you may be supplying products/services to us and/or the organization you work for or where we may be involved in similar arrangements with third parties	Contact information, purchase information and other commercial information	To enter into and perform contracts with either yourself or the organization that you represent   We have a legitimate interest to properly perform contracts with third parties
To deal with queries, complaints, claims, legal disputes submitted by you or the organization you work for and to make queries, complaints, claims, legal disputes in which relate you or the organization you work for	All the information we collect we reasonably determine is relevant to the purpose	This may be necessary to perform a contract with you or the organization that you represent   We have a legitimate interest to improve the services and/or products we provide   To defend, bring or establish legal claims
To maintain and improve our Site and our services and/or products	All the information we collect	We have a legitimate interest to improve the Site and our services and/or products we provide
Data analytics, statistical analysis and other research to help us improve our products and services	All the information we collect	We have a legitimate interest to improve the products and services we provide and to improve user experience
Security of our IT systems	All the information we collect	We have a legitimate interest in ensuring the security of our IT systems
Direct marketing	Contact details and services and products that we have determined may be of interest to you or your organization and/or which you or your organization has purchased in the past	Where required by law we may ask for your consent to process your data for this purpose. You may revoke your consent at any point. Alternatively, if you or your organization has purchased similar services or products from us previously, we may market similar products or services as a legitimate interest in developing our business.  You have the right to opt out from such marketing at any time.
For the prevention, detection or investigation of crime or the prosecution of offenders	All the information we collect	We have a legitimate interest in protecting our rights and interests (for example in court cases) and in protecting the rights and interests of our employees, customers and any other third party with who we engage.   To comply with any legal obligations and regulatory requirements
To comply with our legal and regulatory obligations	All the information we collect	To comply with any legal obligations and regulatory requirements
To manage our relationship with you or the organization you work for and to operate and manage our business and internal reporting	All the information we collect	We have a legitimate interest to operate our business in an efficient way and to expand our business   To enter into and perform contracts with either yourself or the organization that you represent
Storage of records relating to you and also records relating to our business	All the information we collect	To be able to manage and fulfil any contract with you, we may have a legal obligation to do so and we also have a legitimate interest to keep proper records
Marketing activities including Posh Peanut’s website, social media sites and Apps, internal employee engagement and presentations by Posh Peanut’s employees at internal and external meetings	All the information we collect	We have a legitimate interest in tracking attendance at events and using the images and footage produced for business and marketing purposes   We may also have a legal and/or regulatory obligation to comply with

 

7. HOW WE MAY SHARE DATA WITH THIRD PARTIES

7.1. Sharing Information with Persons or Entities Who Manage This Website

Our global and local Websites and the Personal Information collected are managed and controlled by Company. The servers that make Company’s global and local Websites available are located in Los Angeles, CA. If you are located outside Los Angeles, please note that the information you provide will be transferred to us, and by submitting the information you authorize this transfer. We have entered into an agreement with the hosting company in location to provide safeguards for the protection of your data that are consistent with this Policy and applicable law.

7.2. Disclosing Information to Third Parties

AFFILIATES. We may share information, including Personal Information with companies belonging to, or affiliated with us for the purposes set out above.

SERVICE PARTNERS. We provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties (collectively, “Service Partners”). We may disclose your Personal to our Service Partners in connection with those contractual relationships. Our Service Partners may use such information to operate our Sites and to deliver the services for which we engage them. For example, your data may be transferred to Website hosting partners and other parties who assist us in designing and operating the Website, executing services (such as for prize fulfillment and marketing), providing the chat functionality on the Website or helping us analyze collected data.

MARKETING PARTNERS. We may share Personal Information with our business partners who provide advertising services to us. Those third-party business partners may use and disclose Personal Information that we share with them for their own commercial purposes, such as providing digital advertising and other services to their own customers.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

FOR SECURITY PURPOSES OR PURSUANT TO LEGAL REQUEST. We may release Personal Information without your consent for security purposes, when required by law or regulation, as needed to enforce our rights, protect our property, protect the rights, property or safety of others, to prevent imminent harm to any person or entity, as needed to support external auditing, compliance and corporate governance functions, or to pursue available remedies or limit damages we may sustain. We will disclose Personal Information upon receipt of a court order or subpoena, binding order of a data protection agency, legal process, governmental request, to cooperate with a law enforcement investigation or other legal or regulatory process, which may include responding to requests and court orders from jurisdictions outside the United States. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your Personal Information for security purposes, as described in this Policy to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this Policy.

CORPORATE TRANSACTIONS. We further reserve the right to transfer or assign the information, including Personal Information, that we have collected in connection with a corporate transaction, such as a divestiture, merger, consolidation, liquidation, reorganization, asset sale, or in the unlikely event of bankruptcy.

8. RETENTION AND PROTECTION OF YOUR PERSONAL INFORMATION

We implement and maintain appropriate security measures in order to protect the Personal Information that we collect.  Please keep in mind, however, that whenever you give out, or have Personal Information collected online, there is a risk that third parties may intercept and use that information. While we strive to protect your Personal Information and privacy, we cannot guarantee the security of any information you disclose online. By using this Site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through this Site and that any Personal Information or other data or information received from you through the Site is provided to us at your own risk, which you expressly assume.

We will retain the Personal Information we collect for as long as necessary to fulfil the purpose for which it was collected, or as required by applicable laws or regulation.

9. OPTING IN AND OPTING OUT OF MARKETING COMMUNICATIONS

You have the right to “opt in” and “opt out” of certain of our uses of your Personal Information for marketing purposes, including by contacting us at help@poshpeanut.com or by submitting a request in writing to Posh Peanut located at 4300 San Fernando Road. Glendale, CA 91207 Attn: Compliance Department. Users who opt in may remove themselves from mailing lists at any time through the account-management pages or by clicking the ‘unsubscribe’ link and following the instructions at the end of the e-mail they received from us.  If you opt not to provide certain Personal Information when registering for or using our Site, however, you may not be able to use some of our services such as message boards.

As discussed above, if you have opted in to receiving text messages from us, you agree to our Terms of Use and Privacy Policy, and authorize us to make or initiate sales calls, text messages and prerecorded voicemails to that phone number using an automated system. Your agreement is not a condition of purchasing any products, goods or services and you may elect to do business with us over the phone. We may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system. Message frequency may vary. Message & data rates may apply. Reply HELP for help or STOP to opt-out of receiving such text messages. 

Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.  Also, a request to have us stop sharing your Personal Information with other entities for marketing purposes will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request. In these cases, please contact that entity directly.

10. TARGETED ADVERTISING

We may collect information about your online activities on our Website to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served.

You may see certain ads on other websites because we work with advertising partners (including advertising networks) to engage in remarketing and retargeting activities. Our advertising partners allow us to target our messaging to users through demographic, interest-based and contextual means. These partners track your online activities over time and across websites, including our Website, by collecting information through automated means, including through the use of third-party cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our Website and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts. For example, we utilize certain of our ad partners’ targeted advertising services to show you our ads on other websites based on your prior visits to our Website and other online activity.

Provided that a company participates in industry-developed programs designed to provide consumers choices about whether to receive targeted advertising, you may opt out of ad network interest-based advertising generally through the Network Advertising Initiative website or by visiting http://www.aboutads.info/choices/ (web-based advertising) or http://www.aboutads.info/appchoices (for mobile advertising).

You can opt out of targeted advertising for the following companies through the following links:

• FACEBOOK / INSTAGRAM - https://www.facebook.com/settings/?tab=ads
• GOOGLE - https://www.google.com/settings/ads/anonymous
• BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
• PINTEREST - https://help.pinterest.com/en/business/article/stop-ads

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

Please note that opting out does not mean that you will stop receiving ads from us. It means that you still stop receiving ads from us that have been targeted to you based on your visits and browsing activity across websites over time

11. NO USE OF THIS SITE BY PERSONS UNDER 18 PERMITTED

11.1. Registration Declined

The Website intends only persons who are 18 years or older to use this Website. Personal registration information submitted by a person under the age of 18 will not be accepted. We are committed to protecting the privacy of children and have no intention of collecting Personal Information from children under the age of 18. We strongly encourage parents and guardians of children under 18 to regularly check and monitor their children’s use of e-mail and other activities online.

11.2. Notice Concerning Children

PLEASE NOTE: We are a general audience Site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we are given notice or have reason to suspect that a Site user is under age 13, we will timely delete any Personal Information in that user’s account.

11.3. Links to Third Party Sites

PURPOSE OF LINKS. For your convenience and to improve the usage of the Website we may insert links to third party websites and other online services on this Site. These links may include links from partners that may use our logos as part of a co-branding agreement and to social media such as Twitter, Facebook, Instagram, Pinterest and TikTok, which we may identify on the Site with the applicable third-party logos or trade names. By using these interfaces, you will allow us to access information about you from those other online services, including information and other content that you submit to those online services. If you interface with the Website through your social media account, we may contact you or enable you to share your experience and content via your social media account, which information may be publicly viewed by other users of those services. 

This Privacy Policy does not apply to the websites or online services of third parties. The links to third parties we may provide on the Site take you outside our service and off the Company’s Site and are beyond our control. The websites or online services those links can take you to have their own separate Privacy Policy and although we seek to protect the integrity of our Site, is the Company is not liable for the content and activities of those websites or online services. Your visits and access to such websites or online services is at your own risk. Please note that those other websites or online services may send their own cookies to users, collect data, or solicit Personal Information.

12. MODIFYING PERSONAL INFORMATION

CHANGING YOUR INFORMATION. If you maintain an account with us, you may cancel your account or any associated registration information at any time. To do this please visit your account page. We encourage you promptly to update your Personal Information when it changes.

13. YOUR CALIFORNIA PRIVACY RIGHTS

13.1. California Shine The Light Law

California’s “Shine The Light” law permits California residents who have supplied personal information, as defined in the statute, to us to, under certain circumstances, to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. To make such a request, please contact us in writing at: 

Posh Peanut Customer Service
4300 San Fernando Road
Glendale, California 91204
Attn: Privacy Compliance

Or email: help@poshpeanut.com

Any such request must include “California Privacy Rights Request” in the subject line (if by email), and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address or mail address.

13.2. California Privacy Rights Act (“CPRA”)

The CPRA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CPRA rights and explains how to exercise those rights. 

We have collected, used, disclosed, sold and shared the following categories of Personal Information about you within the last twelve (12) months:

Category	Disclosed for a Business or Commercial Purpose?	Categories of Third Parties to Whom the Information was Disclosed	Sold or Shared?	Categories of Third Parties to Whom the Information was Sold or Shared	Purpose(s) for Selling or Sharing
Identifiers (e.g., name, address, unique personal identifier, IP address, email address)	Yes	·   Service Partners   ·   Law enforcement, regulatory or government agency, court or other similar third party   ·   Buyers in the event of a corporate transaction (e.g., divestiture, merger, consolidation, liquidation, reorganization, asset sale, or in the unlikely event of bankruptcy)	No, except for IP address as described in the “Internet or other electronic network activity information” category below.	N/A	N/A
Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) (e.g., name, address, telephone number, credit/debit card number)	Yes		No	N/A	N/A
Commercial Information (e.g., products purchased, obtained or considered, or other purchasing or consuming histories or tendencies)	Yes		No	N/A	N/A
Internet or other similar network activity (e.g., browsing history, search history, information regarding your interaction with an internet website application, or advertisement)	Yes		Yes	Third-party website analytics and digital advertising Service Partners	·  Better understand the interests of our customers and Site users and how they interact with the Site   ·  Maintain and improve our Site   ·  Provide you with information about products that we may offer that we think may be of interest to you   ·  Offer customized content to enhance your experience with us, including to recognize new or past visitors to our Website, remember your personal preferences, show you more relevant and meaningful advertisements based on your interests   ·  Measure the effectiveness of our advertisements
Geolocation data	Yes		Yes	Third-party website analytics and digital advertising Service Partners

 

We do not collect any “Sensitive Personal Information” (as defined by the CPRA).

We obtain the categories of Personal Information listed above from the following categories of sources:

• You, directly or indirectly (e.g., through the purchase you make on the Site and/or the actions you take on the Site through cookies and other data collection tools);
• Service Partners;
• Public sources, including social media. 

We will retain the Personal Information listed above for as long as necessary to fulfil the purpose for which it was collected, or as required by applicable laws or regulation.

For the purposes for which we collect, use and disclose Personal Information, please see Section 6.

California residents have the following rights under the CPRA:

• Right to Know: You have the right to request that we disclose:
  • The specific pieces of Personal Information collected;
  • The categories of Personal Information collected;
  • The categories of sources from whom the Personal Information is collected;
  • The purpose for collecting, selling or sharing the Personal Information;
  • The categories of third parties with whom we have disclosed the Personal Information;
  • The categories of Personal Information that we have sold or shared, and the categories of third parties to whom the Personal Information was sold or shared, by category or categories of Personal Information for each third party to whom the Personal Information was sold or shared;
  • The categories of Personal Information that we disclosed for a business purpose and the categories of persons to whom it was disclosed for a business purpose.

• Right to Delete: You have the right to request that we delete your Personal Information, subject to certain exceptions.

• Right to Correct Inaccurate Personal Information: You have the right to request that we correct inaccurate Personal Information we maintain about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information.

• Right to Opt-Out of Sale or Sharing: We do not sell your Personal Information for monetary consideration. However, the collection of data through certain third-party cookies for analytics and targeting advertising purposes may be considered a “sale” and is considered “sharing” under the CPRA. While we do not sell your Personal Information for monetary consideration, we do use third party cookies for analytics and targeted advertising purposes. To opt-out of having your information sold and shared with third-party website analytics and digital advertising Service Partners for this purpose, please click; Cookie Settings. We do not have actual knowledge that we sell or share Personal Information about children under the age of 18.

• Right to Limit the Use and Disclosure of Sensitive Personal Information for Certain Purposes: As stated above, we do not collect your Sensitive Personal Information.

We will not discriminate against California consumers for exercising their CPRA rights.

California residents may exercise their CPRA rights by filling out and submitting a request via our CPRA Request Form or by calling us at +1-802-559-1204.

Only you or an authorized agent may make a consumer request related to your Personal Information. You may also make a consumer request on behalf of your minor child. 

Your request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information, or are an authorized agent, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. You may only make a consumer request for disclosure twice within a 12-month period.

To meet our obligations to protect your privacy, we will need to verify your identity before complying with your requests to know, delete and correct Personal Information. To submit a verifiable request, you will be asked to provide certain information to help us verify your identity. The information we ask you to provide to initiate a request may differ depending upon the type of request, the type, sensitivity and value of the Personal Information that is the subject of the request, and the risk of harm to you that may occur as a result of unauthorized access or deletion, among other factors. You may designate an authorized agent to make a request on your behalf by providing the agent with signed written permission to do so.

14. YOUR COLORADO, CONNECTICUT, VIRGINIA AND UTAH PRIVACY RIGHTS

The privacy laws of Colorado, Connecticut, Virginia and Utah provide consumers with specific rights regarding their Personal Information. This section describes the rights afforded under such laws and explains how to exercise those rights. 

The categories of Personal Information we process about you is set forth in Sections 4 and 5. The purposes for processing such information are set forth in Section 6. We disclose such information to the third parties set forth in Section 11.

If you are a resident of Colorado, Connecticut, Utah and Virginia, you have the rights to:

• Confirm whether or not we are processing your personal information and access such Personal Information;
• For Virginia, Colorado and Connecticut residents, correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and the purposes of the processing of your Personal Information;
• Delete Personal Information provided by, or, for Virginia, Colorado and Connecticut residents obtained about, you;
• Obtain a copy of your Personal Information we process, in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance, where the processing is carried out by automated means; and
• Opt out of the processing of Personal Information for purposes of:
• Targeted advertising;
• The sale of Personal Information; or
• For Virginia, Colorado and Connecticut residents, profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. We do not engage in profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.

You may exercise these rights by:

• Website: Privacy Webform
• Phone: +1-802-559-1204

Your request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information; and
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. 

We reserve the right to verify your identity in connection with any requests regarding Personal Information to help ensure that we provide the information we maintain to the individuals to whom it pertains and allow only those individuals to exercise rights with respect to that information. 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. 

In the event we deny your request, you may appeal our denial by contacting us in the same manner by which you submitted your request.

We process your Personal Information for the purposes of targeted advertising, and under Colorado and Connecticut laws, our processing may qualify as a “sale”. We share your Internet activity, such as your Internet Protocol (“IP”) address, browsing history, your search history and information on your interaction with the Website and our advertisements, device information, geolocation data, and cookie data with our third-party website analytics and digital advertising Service Partners. To opt-out of such sharing of information with our third-party website analytics and digital advertising Service Partners, please click; Cookie Settings . If you are an authorized agent making a request to opt-out on behalf of a consumer, we may require and request that you provide us with written permission signed by the consumer to verify that you are authorized to make such request.

15. YOUR NEVADA PRIVACY RIGHTS

Under Nevada law, Company does not sell your Personal Information. However, if you are a Nevada resident, you may submit a request that we not sell any Personal Information we have collected about you by submitting the Privacy Webform, sending an e-mail to help@poshpeanut.com or writing Posh Peanut, 4300 San Fernando Road, Glendale, CA 91204, Attn: Privacy Compliance Officer.

16. EU CITIZENS; GDPR ADDENDUM

With respect to “personal data” as defined by Regulation (EU) 2016/679 (“GDPR”) that you may provide to us through the Site and the information we collect as set forth in Sections 4-5, we serve as the “controller.” 

We provide the Site from servers located in the United States. If you are accessing the Site from the European Union, we will only transfer your personal information to the United States through the use of appropriate safeguards. 

We process personal information to pursue our legitimate interests to operate the Site and our business for the purposes described in Section 6 above and to perform our contracts with you when you purchase our products. To learn more about with whom we share your personal information please refer to Section 7 above. 

We will retain your personal information for as long as necessary to fulfill the purpose for which it was collected, or as required by applicable laws or regulation. Copies of information that you have updated, modified, or deleted will remain in our systems if applicable law requires us to retain it.  

Under the GDPR, you have the following privacy rights, which you may exercise by submitting the Privacy Webform or contacting us at the contact information provided in Section 17 below:

• Right of Access. You have the right to obtain confirmation as to whether your personal data is being processed, as well as access to the personal data along with certain information, including the purposes of the processing, the categories of personal data concerned and the recipients or categories of recipients to whom the personal data have been or will be disclosed.
• Right to Rectification. You have the right to rectify your inaccurate personal data and to complete any incomplete personal data, including by means of providing a supplementary statement. 
• Right to Erasure or Right to be Forgotten. You have the right to erase your personal data under certain circumstances. 
• Right to Restrict Processing. You have the right to restrict our processing of your personal data under certain circumstances. 
• Right to Object. You have right to object, on grounds relating to your particular situation, at any time to our processing of your personal data, which is based on public interest or our legitimate interests, including the profiling of data. In this case, we will stop processing your data, except for where we have compelling legal grounds for the processing which override your interests, rights and freedoms, or for the exercise or defence of possible legal claims. You also have a right to object to the processing of your personal data for direct marketing purposes.
• Right to Data Portability. Under certain circumstances, you have the right to receive your personal data that you provided to us in a structured, commonly used and machine-readable format, and have the right to transmit such data to another controller without hindrance from us.
• Right to Withdraw Consent. If you have provided us with your consent for the processing of your personal data, you may withdraw your consent at any time to stop any further processing. 

Right to Lodge a Complaint. You have a right to lodge a complaint with a supervisory authority if you believe that our processing of your personal data violates the GDPR.

17. QUESTIONS OR COMMENTS

CONTACT INFORMATION. If you have any questions or comments relating to our Website or the Privacy Policy, send an e-mail to help@poshpeanut.com or write Posh Peanut, 4300 San Fernando Road, Glendale, CA 91204, Attn: Privacy Compliance Officer.