PRIVACY POLICY & TERMS OF USE

Last modified: July 10, 2020

Thank you for Visiting Us!

Thank you for visiting Planterra Foods (the “Website”). We are dedicated to making your visit to our Website fun, satisfying and rewarding. As part of that goal, we recognize that you may have questions about your privacy and how we may use any information we receive from you. You may also be unsure as to how you can use the information contained on our Website.

To answer your questions, we have developed this PRIVACY ASSURANCE POLICY (“Privacy Policy”) to help you understand what information we collect (whether personally identifiable or not), how we collect it, how we use it, how we share it, how we protect it, and how you can control it. We’ve also developed a LEGAL NOTICES SECTION with TERMS OF USE of the Website.

Please know that we respect your privacy and personal time and want to make the Website a secure and enjoyable place to visit to learn more about Planterra Foods, and our plant-based food products.

Privacy Assurance Policy

1. Our Commitment to Your Privacy. This policy describes the types of information we may collect from you or that you may provide when you visit PlanterraFoods.com, and our practices for collecting, using, maintaining, protecting and disclosing that information. This policy applies to information we collect:
   • On our Website.
   • In e-mail, optional pop-up surveys, and other electronic messages between you and our Website.
   • When you interact with our advertising and applications on third-party websites and services, or 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 website.
• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from the Website. Any linked websites, products and services of third parties, and their collection and use of your information, are governed by the privacy policies of the respective third parties. We encourage you to learn about the privacy practices of those third parties.

2. Your Participation is Your Choice. This Website is operated by Planterra Foods. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. You are not required to complete our EMAIL SIGN-UP or SURVEYS or otherwise give us personal information in order to visit our Website. Whether or not you participate is entirely your choice. We only use personal information that you have voluntarily given to us. If you do not agree with our policies and practices, it is your choice not to use our Website.

3. Our Commitment to Children’s Privacy. We respect your child’s privacy too! The Website is not intended for children under 13 years of age. For that reason, we do not knowingly collect or maintain information from persons under 13 years of age, and no part of the Website is structured to attract anyone under 13. There are certain pages of this Website where users may submit personal information to us; we require that users of these pages be at least 13 years of age and have attempted to restrict children under the age of 13 from submitting information to us. If you are under 13 years of age, then please do not use or access the Website at any time or in any manner. If we learn that personally identifiable information of persons under 13 years of age has been collected on the Website, then we will take the appropriate steps to delete this information. If you are a parent and believe your child has given us information that you want removed from our records, please contact us at:
   • Regular Mail: Planterra Foods, PO Box 190, Lafayette CO 80026
   • Consumer Care Line: 1-877-5-PLANTS, Monday-Friday, 8 a.m. – 4:30 p.m. Mountain Time

4. Information We Collect About You and How We Collect It. We collect information from and about users of our Website, including information by which you may be personally identified, such as name, address, e-mail address, telephone number, etc. (“personal information”), information that is about you but individually does not identify you, and/or information about your Internet connection, the equipment you use to access our Website and usage details. We collect this information:
   • Directly from you when you provide it to us.
   • Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses and information collected through cookies, and other tracking technologies.

Information You Provide to Us. The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided when you register for newsletters or fill out a survey.
• Records and copies of your correspondence (including e-mail addresses), if you contact us.
• Your Search queries on the Website.
• Data showing that you viewed, printed, downloaded, saved, and/or displayed coupons.
• Information that you provide when you interact with advertisements on our Website or other websites.
• Information that you provide when you participate in certain programs, offers, and promotions.
• Information about our offers, coupons, recipes, promotions, or other user-generated content that you share with others on the Website.
• Information that you provide when you interact with us via social networking sites or services (such as Facebook, Pinterest, Twitter, or other social media provider).
• Information that you provide when you post user-generated content on our Website.

There may be other events not specifically identified in this Privacy Policy when we may ask you to provide us with personally identifiable information. However, it will always be your choice whether to provide us with such information. If you do choose to decline to share such information with us, we may not be able to provide you with certain services.

Information We Collect Through Automatic Data Collection Technologies. As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including details of your visits to our Website (i.e., traffic data, location data, logs, and other communication data, and the resources that you access and use), and information about your computer and Internet connection, including your IP address, operating system and browser type.

The information we collect automatically may include personal information, and we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve the Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to the Website.

The technologies we use for this automatic data collection may include:

• Our Online Coupon Service
  When you visit our Website and opt to download and install our coupon printing software, toolbar, or mobile applications on your computer or other device, that service may collect and store information about that device that helps them manage their products and services, deliver a more customized experience for you, and detect and prevent coupon fraud.  Learn more at: http://www.smartsource.com/smartsource2/static_content/sc/html/privacyPo….
• Cookies, Flash Cookies, Web Beacons
  • Cookies (or browser cookies). To make our Website easier to use and your visit more enjoyable, we use a feature called a “cookie.” Cookies are the small files placed on your hard drive through your Internet browser by a Website. They are used so that when you visit our Website, certain details of your visits to various pages, such as a recipe you checked off to print out later, will be “remembered” by our Website so you can easily return to it. It also prevents the pop-up survey from appearing on the screen multiple times during a single visit to our Website. Cookies are commonly used by many Websites to provide useful services to customers. In the future, we may use cookies to provide faster service and to personalize your Website visits by remembering your preferences. Although cookies will identify your computer to us when you visit so that we can present “your” personalized Website, they will not give us any personal information about you from your computer.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. To learn how to manage privacy and storage settings for Flash cookies, please visit this website: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html#117118.
  • Web Beacons. Pages of our Website [and our e-mails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or [opened an e-mail] and for other related Website statistics (for example, recording the popularity of certain Website content and verifying system and server integrity).
• Analytic Tools
  We may use tools such as Google Analytics to better understand who is using our Website and how they are using them. These tools may use cookies to collect information such as time of visit, pages visited, time spent on each page of the website, IP address, and type of operating system used. We may use this information to manage and improve our Website and to improve your experience. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use (as amended for government websites) and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser. You can learn how to opt-out of Google Analytics tracking software at this website: http://tools.google.com/dlpage/gaoptout.
• Promotions, Sweepstakes, & Contests
  From time to time, we may sponsor sweepstakes, contests, other promotions or surveys. Personally identifiable information may be required as a condition of participation for purposes of verifying entrants’ identities, notifying winners and fulfilling prizes. We will not use or disclose any such information beyond the particular program in which you are participating unless we receive your consent to do so. If we engage a third party to assist us in administering a promotion or fulfilling prizes, this information will be disclosed to that third party.
• Data Retention
  We retain all information we collect about you for the period necessary to fulfill the purposes of the Website, and otherwise in our discretion.

5. How We Use Your Information.  We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you, and to provide you with information and offers such as money-saving coupons, frequent offers, promotions, recipes, and new product updates from us.
• To create and market exciting new products, services and meal ideas that address your needs, desires and lifestyle.
• To fulfill any other purpose for which you provide it.
• To notify you about changes to our Website or any products or services we offer or provide though it.
• To allow you to participate in interactive features on our Website.
• For any other purpose with your consent.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information. We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect, or you provide:

• To our subsidiaries and affiliates.
• To contractors, service providers and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets.
• For any other purpose disclosed by us when you provide the information with your consent.

We may also disclose your personal information:

• To comply with any court order, law or legal process, including to respond to any government or regulatory request.
• To enforce or apply the terms in our Legal Notices Section.

6. Accessing Your Information and Removing Your Name. You can review and change your personal information by logging into the Website and visiting your account profile page.

You can remove your name from any and all of our email distribution lists at any time just by sending us a message saying “REMOVE MY NAME FROM YOUR MAILING LISTS” via email or regular mail at (be sure to include your full name and address):

• Regular Mail: Planterra Foods, PO Box 190, Lafayette CO 80026
• Consumer Care Line: 1-877-5-PLANTS, Monday-Friday, 8 a.m. – 4:30 p.m. Mountain Time
• Email: ecommerce@eatplanterra.com

7. User Conduct. You may not engage in any behavior that is offensive or harmful to others or that harms us. For example, you agree that you will not:
   • Use the Website to transmit, upload, post or link to any content that is libelous, defamatory, obscene, pornographic, sexually explicit, unlawful, threatening, abusive or vulgar; that is hateful or racially or ethnically objectionable; or that invades another person’s privacy.
   • Post or publish any information that you know is false or misleading.
   • Impersonate any other person.
   • Permit a child under the age of 13 to publish information or post content under your user credentials.
   • Post any content that violates the copyright or right of publicity or any other right of another person or organization.
   • Solicit personal information from any minor.
   • Post of attempt to post advertisements or commercial solicitations.
   • Send, post or transmit a software virus or other computer code, files or programs designed to interfere with, disable or destroy the software, hardware or telecommunications equipment of another person.
   • Launch any automated system, including without limitation “robots,” “spiders,” and “offline readers,” that sends more requests to the service than a human could reasonably produce in the same period of time.

This list is not exclusive. We reserve the right to terminate the access of any user who violates this Policy, and such violation may result in the removal of all content posted by the user. The preceding sentence shall not in any way limit any other remedy, legal, equitable, or otherwise, that we may pursue in the event of a breach of any section of this agreement.

8. Our Commitment to Data Security. We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. You should not share your password with anyone or use the same password on multiple sites.

Unfortunately, data transmitted over or accessible through the Internet is not completely secure. We cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

9. Special Note to International Users. By accessing our Website, users who are not citizens or residents of the United States living within its territories agree that they will comply with all Colorado and United States rules regarding online conduct and acceptable content. International users agree that they will comply with any Colorado law governing privacy in addition to the privacy laws of the United States when posting content. To the fullest extent permitted by law, international users consent to the collection and transfer of personal information as noted above.

10. Social Media Programs. Our Website may include social media features, such as widgets provided by Facebook, Twitter, Google and Pinterest, or interactive mini-programs that run on our Website. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.

11. Changes to Our Privacy Assurance Policy. It is our practice to post any changes we make to our Privacy Policy on this page. The date, the Privacy Policy was last revised on the date identified at the top of this page. You are responsible for ensuring we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting our Website to check for any changes.

12. Contact Information. To ask questions or comment about this Privacy Assurance Policy and our privacy practices, contact us at:
    • Regular Mail: Planterra Foods, PO Box 190, Lafayette CO 80026
    • Consumer Care Line: 1-877-5-PLANTS, Monday-Friday, 8 a.m. – 4:30 p.m. Mountain Time
    • Email: ecommerce@eatplanterra.com

Legal Notices/Terms of Use of Our Website

Please take a few minutes to read the following Terms of use. By using our Website, you agree to these Terms and Conditions, which may change from time to time. We encourage you to revisit these Terms and Conditions occasionally.

Content Ownership: All of the content you see and/or hear on our Website, including, for example, the page headers, images, graphics, recipes, audio clips, and text are owned by or licensed to Planterra Foods or its affiliates. You have our permission to download, print and store one machine readable copy and one print copy per page for your personal, noncommercial use only. You must obtain our written permission if you otherwise wish to copy, modify, publish, distribute, or transmit any of our content. You may not change or remove any trademark, copyright or other notice.

Site Information: While we use reasonable efforts to include accurate and up to date information on the Website, we make no warranties or representations as to the accuracy, correctness, reliability, or otherwise with respect to such information and assumes no liability or responsibility for any omissions or errors (including, without limitation to typographical errors and technical errors) in the content of the Website.

Submissions to Our Website: We welcome your submissions to our Website. All submissions, including comments, remarks, suggestions, graphics, ideas and any other information you submit to us will be our exclusive property. When you make a submission to our Website, you automatically assign all worldwide rights in the submission to us. We will be entitled to use, copy, disclose, publish, delete, and distribute any material in your submission for any purpose. For this reason, we request that you not submit any material which you consider confidential. We are not responsible for the content of any submission made to the Website, and do not endorse any opinion or content contained in any submission. You agree not to provide or post any submission to the Website that contains any immoral, scandalous, illegal, or offensive material, or material covered by the intellectual property right of others for which you do not have the right to post.

Website Links: We may link you to other websites for your convenience, but you must make your own decision about the content of and your interaction with any other website.

Coupons: We may from time to time offer coupons from/through the Website, you may print coupons posted on the Website, and you may use the coupons subject to the restrictions stated on the coupons and/or on the Website (such as time, date, territory, and quantity restrictions). You may not modify or make copies of any coupons posted on the Website. We make the coupons available “AS IS” and cannot guarantee that all merchants will honor or accept the coupons, or that the products listed on the coupons will be available at the time of redemption.

Disclaimers of Warranties:  Blame our lawyers for the capital letters! OUR WEBSITE, AND THE CONTENTS THEREOF, ARE OPERATED ON AN “AS IS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO OUR WEBSITE AND ITS CONTENTS, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT (1) THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE OR CURRENT, (2) THE WEBSITE WILL OPERATE WITHOUT ERROR OR BE AVAILABLE AT ALL TIMES, (3) THE WEBSITE IS FREE FROM DEFECTS, VIRUSES OR HARMFUL MATERIALS, OR (4) YOUR USE OF THE RECIPES OR OTHER CONTENT ON OUR WEBSITE WILL PRODUCE SUCCESSFUL RESULTS.

Limitation of Liability: WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY LOSSES OR DAMAGES AS A RESULT OF YOUR USE OF OUR WEBSITE OR INABILITY TO USE OUR WEBSITE. THIS APPLIES TO ALL LOSSES OR DAMAGES OF ANY KIND, WHETHER SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY, INCLUDING LOSS OF DATA OR PROFIT, LOSS IN CONTRACT, NEGLIGENCE OR OTHER TORTUOUS INTERFERENCE. THIS IS TRUE EVEN IF ONE OF OUR REPRESENTATIVES HAS BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH OUR WEBSITE OR ANY CONTENT ON OUR WEBSITE, OR WITH THE TERMS AND CONDITIONS DESCRIBED HERE, THEN YOUR SOLE REMEDY IS TO DISCONTINUE USING OUR WEBSITE. YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK. IN SOME STATES THE LAW MAY NOT ALLOW US TO LIMIT OUR LIABILITY AS SET FORTH HEREIN, IN WHICH CASE THIS LIMITATION OF LIABILITY SHALL APPLY TO THE HIGHEST EXTENT POSSIBLE IN ACCORDANCE WITH APPLICABLE LAW.

Indemnification: You agree to indemnify, defend and hold us harmless and our officers, directors, employees, agents, representatives, licensors and suppliers from and against any claim, demand, loss, liability, expense (including reasonable attorneys’ fees) or other damages relating to or arising out of your use of the Website and for your violation of these Legal Notices.

Termination: We reserve the right to terminate your use of the Website for violations of these Legal Notices.

Acceptance of Terms: By using this Website, you agree to the terms set forth in this Privacy Assurance Policy and these Legal Notices. Your continued use of this Website following the posting of changes to these terms will mean that you accept those changes.

Jurisdiction: Our Website is governed and interpreted by the laws of the State of Colorado, United States of America. Any disputes relating to the Website, and/or your use of the Website, are subject to the exclusive jurisdiction of the courts of the State of Colorado and you consent to the personal jurisdiction of the courts of the State of Colorado for the purpose of resolving any such disputes. If you use our Website outside of the United States, you are responsible for compliance with any local laws affecting you.