1. INTRODUCTION

    Posh Peanut INC (“Company,” “us,” or “we”) respects the privacy of the visitors to the Posh Peanut’s website www.poshpeanut.com (“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 site is published and maintained on behalf of the Company with offices located at 4218 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

    It does not apply to information collected by:

    • Us offline or through any other means, including on any other Site operated by Company or any third party (including our affiliates and subsidiaries); or
    • 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/privacy-policy, 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 posted at https://poshpeanut.com/pages/policies

     3. EFFECTIVE DATE OF AND CHANGES TO PRIVACY POLICY

      This Privacy Policy is effective as of December 31, 2019 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. 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. POLICY APPLICABLE TO ONLINE ACTIVITIES ONLY

        The Privacy Policy does not extend to anything that is inherent in the operation of the Internet, and therefore beyond Company’s control, and is not to be applied in any manner contrary to applicable law or governmental regulation. This online Privacy Policy only applies to information collected through this Site. This Privacy Policy does not apply to any information we may collect from you in any place other than this Website.

        5. PERSONAL INFORMATION WE MAY COLLECT

          TYPES OF INFORMATION COLLECTED. We may ask you for certain information referred to on this Site as “Personal Information,” which includes information that pertains to your identity. 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 data including your age or date of birth, gender, marital status, family details.
          • Your social media handles, posts and information about your followers and the people that follow you.
          • Details of financial and transaction data including 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 personal data, 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.

          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 will also collect information about you but does not individually identify you.

          6. GENERAL INFORMATION WE MAY COLLECT

            TYPES OF INFORMATION COLLECTED. There may be other instances in which we collect information from you that is more general in nature (“General Information”). 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 General Information, including the “Click Stream Data” (defined below) and cookies, as mentioned below, may be collected from you whenever you access the Site, whether or not you provide us with any Personal Information.

            6.1. Click Stream Data

            When you visit our Website we may also collect “Click Stream Data” (server address, domain name). This information can be combined with information you have provided to us by registering, for example, which will enable us to analyze and better customize your visits. We may use Click Stream Data for traffic analysis or e-commerce analysis of our Website, to determine which features of our Site are most or least effective or useful to you.

            6.2. 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. More information on how we use cookies is available in the section “Use of Cookies.”

            6.3 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.

            6.4 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.

            6.5 Geolocation

            We may utilize geolocation (identifying your geographical location by means of digital information that is processed through the internet) to track visitors to our Website. Geolocation is used to track the number of visitors to our Website which may be accessible by third parties and for marketing purposes.

            7. GENERAL INFORMATION YOU PROVIDE US

              There are instances in which you will provide information to us and the information we collect on or through our Site as a result may include:

              • Information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site, subscribing to our service posting material or requesting further services. We may also ask for your information when you enter a contest or promotion sponsored by us, and when you report a problem with our Site.
              • Records and copies of your correspondence (including email addresses) if you contact us.
              • Your responses to surveys that we might ask you to complete for research purposes.
              • Details of transactions you carry out through our Site and of the fulfillment of your orders. 
              • You may be required to provide financial information before placing an order through our Site.
              • Your search queries on the Site.
              • Videos, photographs and audio recordings which you or other people take and provide to us.

               

              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.

              8. HOW WE USE YOUR DATA

                We may primarily use the Personal Information you provide and any General Information we receive from you to provide products and services to you, including, but not limited to, the following:

                • 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 data or want your personal data to be deleted from our database, see Sections 14 and 15.
                • 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 products and services and deliver to you the type of content, features and promotions that you are most interested in.

                 

                Purpose

                Personal data Used

                Lawful Basis

                To carry out identity and credit checks

                Contact details and payment information relating to you or the organisation 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 organisation you work for and/or you may be supplying products/services to us and/or the organisation you work for or where we may be involved in similar arrangements with third parties

                All the personal data we collect

                To enter into and perform contracts with either yourself or the organisation 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 organisation you work for and to make queries, complaints, claims, legal disputes in which relate you or the organisation you work for

                All the personal data we collect

                This may be necessary to perform a contract with you or the organisation 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 services and/or products

                All the personal data we collect

                We have a legitimate interest to improve the services and/or products we provide

                Data analytics, statistical analysis and other research to help us improve our products and services

                All the personal data 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 personal data 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 organisation and/or which you or your organisation has purchased in the past

                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 organisation 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 more details see the ‘Marketing’ section below.

                To facilitate and communicate with you regarding our events and to provide you with an acceptable service

                Your contact details, details of attendance, your comments in response forms and dietary requirements and CCTV images

                We have a legitimate interest in holding events and tracking attendance and providing appropriate food and drinks at events

                 

                We may also have a legal obligation to comply with health and safety requirements

                For the prevention, detection or investigation of crime or the prosecution of offenders

                All of the personal data 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 personal data we collect

                To comply with any legal obligations and regulatory requirements

                To manage our relationship with you or the organisation you work for and to operate and manage our business and internal reporting

                All the personal data 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 organisation that you represent

                Storage of records relating to you and also records relating to our business

                All the personal data 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 personal data 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

                 

                 9. PROTECTION OF YOUR PERSONAL INFORMATION AND GENERAL INFORMATION

                  We implement and maintain appropriate security measures in order to protect both the Personal Information and the General Information that we receive from you through our Website.  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 the Website strives 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, General Information, or other data or information received from you through the Site is provided to us at your own risk, which you expressly assume.

                  10. RIGHT TO OPT IN AND OPT OUT

                    You have the right to “opt in” and “opt out” of certain of our uses of your Personal Information, including by contacting us at info@poshpeanut.com or by submitting a request in writing to Posh Peanut located at 4218 San Fernando Road. Glendale, CA 91207 Attn: Compliance Department. At the time you are requested to provide Personal Information on this Site, you will have the opportunity to elect to, or not to: (1) receive correspondence from us, or (2) have your Personal Information shared with other entities for their marketing purposes.  You may also make this request by sending an e-mail to info@poshpeanut.com. Users may opt not to receive our electronic newsletters or those of third parties when providing Personal Information. Users who opt in may remove themselves from mailing lists at any time through the account-management pages or by 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.

                    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.

                    You can opt out of targeted advertising by:

                       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

                    As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.  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.

                    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. Any General Information provided by a person under the age of 18 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this Policy (see Section 6). We are committed to protecting the privacy of children and has no intention of collecting personal data 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.

                      12. THIRD PARTIES

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

                        Our global and local Websites and the Personal Information and General Information collected are managed and controlled by Posh Peanut located at 4218 San Fernando Road. Glendale, CA 91207 . 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.

                        12.2. Disclosing Information to Third Parties

                        WHO MAY HAVE ACCESS TO YOUR INFORMATION. Other than to the companies belonging to, or affiliated with us for the purposes set out above, and except as described in this Policy, we do not sell, trade, or otherwise transfer your Personal Information or General Information to third parties without informing you in advance. We provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties (collectively, “Service Partners”). Our Service Partners may use your Personal Information to operate our Sites and to deliver their services. 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), or helping us analyze collected data. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential. We will encourage our Service Partners to adopt and post privacy policies. However, the use of your Personal Information by our Service Partners is governed by the privacy policies of those Service Partners and is not subject to our control. Please also see Paragraph 6.4 on how we will respond to “do not track” signals.

                        12.3. Security

                        RELEASE OF INFORMATION. We may release Personal or General Information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We will disclose Personal or General Information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, 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 data or Personal Information for security purposes, as described in this agreement 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.

                        12.4. Links to Third Parties

                        PURPOSE OF LINKS. For your convenience and to improve the usage of the Website we may insert links to third parties on this Site. This Privacy Policy does not apply to such third party Websites. These links take you outside our service and off the Company’s Site and are beyond our control. This includes links from partners that may use our logos as part of a co-branding agreement. The Sites 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 Sites. Your visits and access to such Websites is at your own risk. Please note that those other Sites may send their own cookies to users, collect data, or solicit Personal Information.

                        13. AUTOMATIC COLLECTION

                          COOKIES. In addition to Section 6.2 above, cookies are also used for such activities as remembering your username and password, if you use such a feature on this Site. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust 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.

                          14. DELETING OR MODIFYING PERSONAL INFORMATION

                            CHANGING YOUR INFORMATION. You may cancel your account or any associated registration information at any time, and you may opt out of receiving any e-mails us. Additionally, you can choose to have all your Personal Information deleted from our database. You may opt out or delete your Personal Information and unsubscribe from our marketing materials, by clicking the ‘unsubscribe’ link located on our marketing e-mails and following the instructions provide including texting “STOP” to ‘unsubscribe from SMS notifications. We encourage you promptly to update your Personal Information when it changes or utilize the ‘unsubscribe’ link to discontinue receiving marketing information from us.

                            15. YOUR CALIFORNIA PRIVACY RIGHTS

                              15.1 California Shine The Light Law

                              We may from time to time elect to share certain “personal information” (as defined by California’s “Shine The Light” law) about you with third parties for those third parties’ direct marketing purposes. California Civil Code Section 1798.83 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. If this applies, you may obtain the categories of personal information shared and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2017 will receive information about 2016 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request in writing at:

                              Posh Peanut Customer Service
                              4218 San Fernando Road
                              Glendale, California 91204
                              Attn: Privacy Compliance

                              Or email: info@poshpeanut.com

                              Any such request must include “California Privacy Rights Request” in the first line of the description 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.

                              15.2 California Consumer Privacy Act (CCPA)

                              The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights. 

                              We may from time to time collect the following categories of “personal information” (as defined by the California Consumer Privacy Act) about you: name, address, phone number, email, IP address, geolocation, purchase history, unique personal identifier, browser type, operating system, information about your use of the Site, and demographic information (including employment-related information) for the purposes of processing orders and administering your account, responding to Customer Service requests, and to better understand your needs and interests and improve marketing and promotional efforts of our products and services.  We do not sell your personal information. We may from time to time elect to share personal information about you with third party vendors to perform certain functions on our behalf. 

                              California residents may request the personal information collected or shared by Posh Peanut, and/or request that their personal information be deleted. We will not discriminate against California consumers for exercising their CCPA rights. California residents may request disclosure and/or deletion of personal information by filling out and submitting a request via our CCPA Request Form or calling (858) 232-4945. 

                              Only you 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 representative. You may only make a consumer request for disclosure twice within a 12 month period.

                              16. SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

                                We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages.  WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

                                California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes.  To make such a request, please contact us at the following address:

                                Posh Peanut INC
                                4218 San Fernando Rd
                                Glendale, CA 91204
                                info@poshpeanut.com

                                This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and Us in other contexts.

                                17. EU CITIZENS; GDPR ADDENDUM

                                  Citizens of the European Union who are subject to the General Data Protection Regulations can find more information by visiting the following link: https://poshpeanut.com/pages/gdpr

                                   18. 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 info@poshpeanut.com or write Posh Peanut, 4218 San Fernando Road, Glendale, CA 91204, Attn: Privacy Compliance Officer.