Privacy Policy

SCOPE

Agility Foods, LLC values its relationship with you and takes your privacy seriously. In this Privacy Notice (“Notice”), we inform you about how we collect, use, and disclose your information. We collect information about you, including personal information, when you use of our website (“Site”), including purchase of products, content or other related services from us (collectively, the Site and related services are the “Services”). Please note that we may provide you with additional disclosures or notices based on your interaction with us (e.g., if you apply for employment with us) or based on your residency.

INFORMATION WE COLLECT ABOUT YOU

We may collect information directly from you, about you from other sources, and automatically as you use our Services.

Information We Collect Directly From You

We collect information from you, including personal information, in various ways, for example, when you use our Site and Services, register with us, sign up for newsletters, sign up to receive promotional communications, participate in a survey or promotion, or purchase our products using our Site. In particular, we collect information about you if you take any of the following actions on our Site:

Account Registration.

If you choose to create an account with us, we collect your name, email address, and password. If you make a purchase from us (see Purchases section below), we will collect additional information from you and retain that information as part of your account, such as your address and personal account preferences. If you register a wholesale account with us, we also collect your phone number, business name, tax ID and where you choose to provide it, information about the type of your business. You can access and change some of your personal information within your profile, by logging in and updating your profile information in the My Account (or similar) section of our Site or control your preference for follow-up contacts by e-mailing us at support@perfectbar.com.

Customer Management and Support. We collect information when you contact us with an inquiry or comment regarding our products and services (whether through our Site (e.g., webform) or via phone), including your name, email address, postal address, phone number and the nature of your inquiry or concern. We typically maintain a record of customer service interactions, including a recording of your call or a copy of your webform, for quality assurance and training purposes as well as to resolve and address your complaints, inquires, suggestions or issues.

Newsletters and E-Mail Sign-up.

We collect your email address if you choose to sign-up for our newsletter. You may unsubscribe from receiving our newsletter at any time by clicking on the unsubscribe link in the email you receive from us or by managing your communications preferences in your account. For more details on how to manage your preferences see Marketing Communications below.

Purchases.

We may ask that you create an account if you want to make a purchase through our Site. As stated above, when you create an account, we collect your name, email address, and password. To facilitate your order, we also collect payment information, contents of your order, and shipping and billing address. We may also allow you make purchases through without an account, in which case we will retain your email address, last name, address, and certain transaction information. Payment and billing is handled by our payment service providers. If you create an account with us, then we maintain your recent purchase history.

Surveys, Reviews, and Web Forms.

We collect information you provide to us when you fill out web forms we provide on our Site or participate in one of our voluntary surveys, submit a review, or provide ratings for reviews. Content you submit as a review of our products or services will be publicly visible to other users of the website.

Rewards and Promotions. We collect information about you if you choose to participate in one of our voluntary promotions or to reward you, for example, we collect your email address to offer you a discount on your first shipping order.

Other Information We Collect About You.

We collect information about you through our social media pages, such as name, “likes”, and other similar information shared through our social media pages, but we do not typically combine this information we learn about you with other information we hold about you.

Information We Collect From Other Entities

We collect personal information about you from other sources, including through e-commerce service providers, email, chat and other communications service providers, customer service providers, data analytics service providers, advertising providers, and social media platforms. This information may include your name, gender, date of birth, certain demographic information, interests, shopping behavior, and other data inferred about you through these channels. We may combine the information we receive from and about you on-and offline, including personal and non-personal information collected through our Site, to help us tailor our communications to you and to improve our Site and Services.

Information We Collect Automatically

When you use our Services, we, and the parties we work with and who help us to place and manage our advertisements, may use persistent and session cookies, web beacons, pixel tags, log files, or other technologies to automatically collect certain information about you to deliver online advertisement that we think would be more relevant to your interest. We may also use such data to monitor your interactions with our emails, text messages and online advertisements. For example, we automatically collect certain information from you, such as the type of web browser and operating system you use, the name of your internet service provider, internet protocol address (“IP address”), unique device identifiers including mobile advertising identifiers and other information about your mobile device(s), software version, geolocation information, the domain name from which you accessed our Site. In addition, we may collect information about your browsing behavior, such as the date and time you visit our Site, the areas or pages of our Site that you visit, the amount of time you spend viewing or using our Site, the number of times you return to our Site, other click-stream or site usage data, emails or ads that you open, forward or click-through to our Site (“Usage Data”). We may, however, use automatically collected information to tailor our Site and enhance your online experience by saving your preferences while you are visiting our Site, and to help us identify Site features, advertisements, and offers that may be of particular interest to you.

HOW WE USE YOUR INFORMATION

We may use your information, including personal information and Content, for the following purposes:

For the purposes for which you provide it.

Administration, providing and improving our Services.

To provide and maintain our Site and services; to improve our Site and services; to develop new features, to develop and improve new and existing products, or services; to authenticate users; to perform technical operations, such as updating software; to manage and fulfill your orders; provide geolocation based services; and for other customer service and support purposes.

Rewards.

To assign, track, issue and post rewards and credits to users accounts and manage such account.

Personalizing Content and Ads. We may use the information we collect about you to personalize and optimize the information and content we display to you, including marketing, promotional and sponsored content, as well as providing you with more relevant ads.

Marketing and Communications.

To communicate with you about your account and use of our Services via email telephone calls, email, messenger programs, SMS or text, including to send you product updates (you may opt-out of such communications at any time by following the opt-out instructions contained in the email or SMS you receive. If you choose to opt-out, we may still send you transactional emails about your account or any Services you have requested or received from us); to respond to your inquiries; where permitted by law, to provide you with news and newsletters, special offers, promotions, coupons, new products, and for other informational, marketing, or promotional purposes as well as to poll your opinions through surveys or questionnaires; to operate a contest or sweepstakes in which you choose to participate; to associate your activities, customize content or tailor advertising across different devices and browsers that you use to access the Services (for instance, computers, tablets, mobile devices, applications, and websites). Please see the Marketing Communications section for more information about how to change your communications preferences.

Research and Analytics.

To monitor, analyze and understand usage and activity trends, to conduct analytics on photos and images, and for other research, analytical, and statistical purposes. We also may use data in aggregated form to determine relevant advertising and to evaluate the success of our advertising campaigns. We also may share data in the aggregate with other entities to assist us with these purposes or for their own use.

Protecting Rights and Interests. To protect the safety, rights, property, or security of Agility Foods, the Services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity that we consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Notice or our Terms of Use.

Legal Compliance.

To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.

HOW WE DISCLOSE YOUR INFORMATION

We may disclose your information, including personal information as described to you at the time of collection or disclosure or as follows:

Other users and Visitors. Any content you post within the Services is viewable by other users and Site visitors. For example, reviews that you disclose on our Site, in blogs, on message boards, or on other public areas on our Site, become viewable to the community. Please exercise caution when disclosing personal information in these publicly viewable areas.

Marketing Partners.

We also may share your information with certain parties so that they may send you offers and other information we think you may be interested in. If you don’t want us to share your personal information with our marketing partners, you may opt-out by emailing us at contact@eatagility.com. However, if you opt-out of such ‘third-party-marketing’, this won’t affect information we have already shared, and we may still send you our own marketing and promotional emails about information and third-party ads we think you may be interested in (unless you have opted-out of receiving marketing emails from us). We may also disclose limited personal information as part of custom audience campaigns (as explained in Custom Audiences and Matching).

Service Providers. We may disclose your information to our vendors, service providers, agents, or others who perform functions on our behalf. For example, we may disclose your information to service providers to process payments on our behalf.

Affiliates and Business Transfers.

We may disclose your information among Agility Foods. While doing business, we also employ other companies and individuals to perform certain functions on our behalf. For example, we may disclose your information to service providers to process payments on our behalf, we may also hire agencies to help us analyze data, fulfill orders you place, and to provide customer service.

Protecting Rights and Interests. We may disclose your information to protect the safety, rights, property, or security of Agility Foods, the Services, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop activity which Agility Foods, in its sole discretion, may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Notice or our Terms of Use.

Legal Compliance. We may disclose your information to comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; in response to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a government official.

Aggregate and De-Identified Information.

We may disclose aggregate, anonymous, or de-identified information about users for marketing, advertising, research, compliance, or other purposes.

As described above, the advertisers and ad networks we work with may use technology such as cookies and web beacons/pixel tags, or flash cookies when they advertise on our or external websites to provide you relevant advertisements based on your online behavior, search activities on our Site and on other sites, and demographic information relevant to your general location, so that the advertising you see on our Site closely reflects your interests and needs. For more information on how to manage your cookie preferences see the “ How You Can Control Cookies” section below.

Custom Audiences and Matching

We may disclose certain information (such as your email address) to other parties – such as Facebook (more info on Facebook Custom Audience) so that we can better target ads and content to our users, and others with similar interests on these external platforms or networks (“Custom Audiences”). We may also work with ad networks and marketing platforms that enable us and other participants to target ads to Custom Audiences submitted by us and others.

Interest-based Ads

We work with others (“ad companies”) to display more relevant advertising on our Services, and to manage our advertising on other sites, mobile apps and online Services. In order to display more relevant ads on our behalf and others, these ad companies may use cookies, pixels tags, and other tools to collect browsing and activity information on our Services, on other sites and across different devices, which may be linked with certain offline data they may also collect IP address, device ID, cookie and advertising IDs, and other identifiers, general location information, and, with your consent, your device’s geolocation information. These ad companies may use this information to provide you more relevant ads and content and to evaluate the success of such ads and content. As a result, our ads may be displayed to you on a search results page or on other sites.

HOW YOU CAN CONTROL COOKIES

You may control how Facebook and other third parties display certain ads to you, as explained further in their respective privacy policies and ad preferences pages. You can also obtain more information about targeted advertising, and how to opt-out of receiving targeted ads from many third-party ad networks (including Facebook and Google), through the Digital Advertising Alliance and the Network Advertising Initiative.

Opting out of participating ad networks does not opt you out of being served advertising. You may continue to receive generic or “contextual” ads on our Services. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs. Please note, that opt-out mechanisms are cookie based; so, if you delete cookies, block cookies or use another device, your opt-out will no longer be effective.

Do-Not-Track Signals. Our Site does not respond to do-not-track signals. For more information about do-not-track signals, please click here. You may, however, disable certain tracking as discussed above (e.g., by disabling cookies).

Analytics. We may use analytics companies, for example Google Analytics (see Google’s privacy policy and opt-out), to evaluate use of our Services. We use these tools to help us understand use of, and to improve, our Services, performance, ad campaigns, and user experiences. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services.

Links and Social Plug-Ins. Our Sites may link to external websites and this Notice does not apply to those external sites. For information about the privacy practices that apply to such external sites, please check the privacy policy of the specific site you're visiting to understand the privacy practices associated with that site. We are not responsible for the content or privacy practices of these websites.

SECURITY

Protecting your personal information is important to us. We maintain administrative, technical, and physical safeguards designed to help protect against unauthorized use, disclosure, alteration, or destruction of the personally identifiable information we collect on our Site. However, no data security measures can guarantee 100% security.

CHILDREN'S PRIVACY

Our Services are not targeted to children under thirteen (13) years of age and we do not knowingly collect personal information from children under 13. If we discover that a child under 13 has provided us with personal information, we will promptly delete such personal information from our systems.

LINKS TO OTHER WEBSITES AND SERVICES

The Services may have links to other websites, applications, or social plug-ins that are not operated by us but by other parties. We have no control over how these parties may collect your information and no liability for the practices, policies and security measures implemented on these websites. You should read the privacy notices on those other websites to familiarize yourself with these parties’ information practices.

ADDITIONAL INFORMATION FOR CALIFORNIA CONSUMERS

We collect information from individual consumers as well as persons in their capacity as business representatives. The scope of the information that we collect will vary depending on that relationship; your rights under the California Consumer Privacy Act (“CCPA”) vary based on your relationship with us. Please note that not all rights listed below are available to business contacts.

This section provides specific information for residents of California (“consumers” in this section), as required under California privacy laws, and is intended to satisfy the CCPA, which requires that we provide certain information to California consumers about how we handle certain personal information that we have collected, whether online or offline. Under the CCPA and as used in this specific section, “Personal Information” is any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, including the categories identified in the table below to the extent they identify, relate to, describe, are capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household. The CCPA further requires that we disclose certain information about the categories of Personal Information that we have collected, disclosed for a business purpose, or that we have “sold”.

The Personal Information we Collect and Disclose

The following table shows the categories of Personal Information we may collect; the categories of sources from which each category of Personal Information is collected; the business purpose(s) for which the Personal Information is collected; and categories of third parties with whom that category of Personal Information may be shared, and provides information about how we disclose and sell categories of Personal Information that we collect:

CCPA categories of Personal Information we Collect	Business purpose(s) for which we may disclose your Personal Information	Categories of third parties with whom this Personal Information is shared/sold and/or disclosed for business purpose(s)
NAME, CONTACT INFORMATION AND IDENTIFIERS: identifiers such as real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.	Perform services including maintaining accounts, providing customer service, processing or fulfilling orders; verifying customer information, processing payments, advertising and marketing.	Business to Business Companies, Data Analytics Providers, Operating Systems and Platforms, Social Networks, Manufacturing Companies, Advertising Networks, and Internet Service Providers
CUSTOMER RECORDS: paper and electronic customer records containing Personal Information, such as name, signature, address, telephone number.	Perform services including maintaining accounts, providing customer service, processing or fulfilling orders; verifying customer information, processing payments, advertising and marketing, Auditing related to a current interaction with a consumer and concurrent transactions.	Business to Business Companies, Data Analytics Providers, Operating Systems and Platforms, Social Networks, Manufacturing Companies, Advertising Networks, and Internet Service Providers
PURCHASE HISTORY AND TENDENCIES: commercial information including records of products or services purchased, obtained, or considered.	Perform services including maintaining accounts, providing customer service, processing or fulfilling orders; verifying customer information, processing payments, advertising and marketing. Auditing related to a current interaction with a consumer and concurrent transactions.	Business to Business Companies, Data Analytics Providers, Operating Systems and Platforms, Social Networks, Manufacturing Companies, Advertising Networks, and Internet Service Providers
USAGE DATA: internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement.	Perform services including maintaining accounts, providing customer service, processing or fulfilling orders; marketing and advertising purposes.	Business to Business Companies, Data Analytics Providers, Operating Systems and Platforms, Social Networks, Manufacturing Companies, Advertising Networks, and Internet Service Providers
AUDIO/VISUAL: audio, electronic, visual, or similar information, such as a call recording if you contact our call center.	Customer service purposes; transactional purposes	N/A
GEOLOCATION DATA: precise geographic location information about a particular individual or device.	Online advertisers, ad networks, and advertising partners Analytics providers	N/A
PROFILES AND INFERENCES: Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	Analytics providers	Business to Business Companies, Data Analytics Providers, Operating Systems and Platforms, Social Networks, Manufacturing Companies, Advertising Networks, and Internet Service Providers

Sale of Personal Information

The CCPA defines a “sale” as disclosing or making available to a third party Personal Information in exchange for monetary or other valuable consideration. While we do not disclose Personal Information to third parties in exchange for monetary compensation, we do disclose or make available Personal Information to third parties in order to receive certain services or benefits from them. Specifically, we participate in digital advertising networks to deliver advertising that is tailored to your interests. Our disclosure of your information for targeted advertising purposes in some circumstances constitutes a “sale”. The Personal Information disclosed may fall into the following categories:

a) NAME, CONTACT INFORMATION AND IDENTIFIERS: identifiers such as real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

b) CUSTOMER RECORDS: paper and electronic customer records containing Personal Information, such as name, signature, address, telephone number.

c) PURCHASE HISTORY AND TENDENCIES: commercial information including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

d) USAGE DATA: internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement.

e) PROFILES AND INFERENCES: Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Categories of Sources from Which We Collected the Personal Information

In the preceding 12 months, and depending on your interaction with us, we may have collected Personal Information from you from different sources, such as directly from you, from advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, social networks, and data brokers. More details listed in the Information We Collect About You section.

YOUR CALIFORNIA PRIVACY RIGHTS

California law grants consumers certain rights and imposes restrictions on particular business practices as set forth below.

Right to opt-out.

California consumers have the right to opt-out of our sale of their Personal Information. To exercise your opt-out rights, please complete and submit our Do-Not-Sell My Personal Information form, or email us at, contact@eatagility.com. In order to opt out targeted advertising, please visit optout.aboutads.info and optout.networkadvertising.org.

We do not sell Personal Information about consumers that we know are younger than16 years old without opt-in consent.

Requests for Copy, Deletion and Right to Know

Subject to certain exceptions, California consumers have the following rights at no charge:

Initial Notice. The right to be notified at or before the point of collection of the categories of Personal Information that we collect why we collect it, , as well as to be provided with a link to our Do-Not-Sell form (described in more detail in the Right to Opt-Out section) and this Policy.

Deletion. The right to request deletion of the Personal Information that we have collected about you, subject to certain exemptions, and to have such Personal Information deleted except where it is necessary to maintain it in order to:

Complete the transaction for which we collected your Personal Information, provide a good or service requested by the consumer, or reasonably anticipated within the context of a business’s ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
Debug to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the businesses’ deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the consumer has provided informed consent.
Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business.
Comply with a legal obligation.
Otherwise use the consumer’s Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.

Copy. The right to request, subject to certain exemptions, a copy of the specific pieces of Personal Information that we have collected about them in the prior 12 months, and to have this delivered, free of charge, either (a) by mail or (b) electronically (including through a portal where permitted) in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance..

Right to Know. California residents have the right to request, subject to certain exemptions, that we disclose certain information about how we have handled their Personal Information in the prior 12 months, including: (i) the categories of Personal Information collected about you; (ii) the categories of sources from which we collected the Personal Information; (iii) the business and/or commercial purposes for collecting and selling your Personal Information; (iv) the categories of third parties/with whom we have disclosed or shared your Personal Information; (v) the categories Personal Information that we have disclosed or shared with a third party for a business purpose; (vi) the categories of third parties to whom the consumer’s Personal Information has been sold and the specific categories of Personal Information sold to each category of third party.

Submitting a Verifiable Requests. To submit a copy, deletion, or right-to-know please call us at 866-628-8548 (toll free) or you can submit your request online by using our Consumer Request form if you are a consumer, or, if you are and agent submitting the request on behalf of a California consumer, please use our Agent Request form. In order to verify your identity we may request additional information such as your name, email address, or physical address. We will maintain a record of your request to know or request to delete in our files. We will respond to you within the timeframe required by law. An authorized agent submitting a request on behalf of a California consumer must demonstrate that the consumer provided written permission, signed by the consumer authorizing the agent to act on the consumer’s behalf (for example, a power of attorney) and we may request the agent’s registration with the California Secretary of State. For requests for information and deletion, we may require that the California consumer verify its own identity directly with us and directly confirm that the consumer provided the authorized agent permission to submit the request.

Incentives and Discrimination. The CCPA prohibits discrimination against California consumers for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California consumers related to their Personal Information. If businesses offer any financial incentives for the collection, sale or deletion of their Personal Information, consumers have the rights to be notified of any financial incentives offers and their material terms, as well as the to not be opted into such offers without prior informed opt-in consent and to be able to opt-out of such offers at any time. Businesses may not offer unjust, unreasonable, coercive or usurious financial incentives. Businesses may offer different prices, rates, or quality of goods or services if the difference is reasonably related to the value of the consumer’s data. From time to time we may offer consumers an introductory offer (e.g., a discount off of a purchase) if the consumer signs up for our mailing list.

SHINE THE LIGHT

Separately, under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us their personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use; such requests may be made once per calendar year for information about any relevant sharing in the prior calendar year. If you are a California resident and would like to make such a request, please submit your request in writing by mailing us at 6144 North Pointe Drive, Pepper Pike, OH, 44124, using the subject line "Request for California Privacy Information". In your request, please attest to the fact that you are a California resident and provide a current California address. We will reply to valid requests by sending a response to the address from which you submitted your request. Please note that not all information sharing is covered by the "Shine the Light" requirements and only information on covered sharing and the relevant details required by the Shine the Light law will be included in our response.

CHANGES TO THIS NOTICE

We may from time to time change or update portions of this Notice. Please check back periodically so you are aware of any changes or updates to the Notice. We will indicate the Notice's last updated date at the top of this Notice. We will post any changes to this Notice on our Site and will take steps to notify you of material changes, such as via email or prominent notice on the Site.