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PRIVACY POLICY

Updated: October 04, 2023

Your privacy is important, so we created this Privacy Policy (“Privacy Policy”) to help you understand how Mark Anthony Presents..., its subsidiaries, and affiliates (collectively, “Mark Anthony”, “we”, “our”, or “us”) collect, store, use, or disclose your Personal Information. This Privacy Policy applies both offline (for example, if we interact with you in person, over the phone, or by mail) and when we interact with you through our online services, including but not limited to our websites, chatbot, email correspondence, and any other online services that we link to this Privacy Policy (our website, products, services, and social media pages, collectively, the “Services”). We operate several similar websites, and this Privacy Policy applies to all websites that link to it. This Privacy Policy does not apply to Personal Information Mark Anthony collects from its employees.

This Privacy Policy is structured in a way that first provides general information applicable to all users and then country-specific information for users in specific countries, in particular United States and EEA/UK. You should navigate to the sections that are relevant to you. If you are a California, Connecticut, Colorado or Virginia resident, see Additional Privacy Notice and Rights for United States residents section for information provided pursuant to the State privacy laws, including how to request that we not “sell” or “share” your Personal Information. If you are an EEA/UK resident, see Additional Privacy Notice for UK and EEA residents for more details.

Our Privacy Policy

Personal Information means information that identifies, relates to, describes, or can reasonably be associated with you or your household.  The laws of some countries have different definitions of Personal information or equivalent terms, and, in this privacy policy, we give this the same meaning as applies under the data protection laws that apply to our processing of your Personal information.  Your name, e-mail address, and IP address are all examples of data that may be considered Personal Information. Some information collected by “cookies” may also be considered Personal Information. Please see our Cookie Policy to review detailed information about our use of cookies and similar technologies and how to opt-out.

We do not consider Personal Information to include information that has been de-identified so that it does not allow information to be linked to a specific individual or that does not allow a specific individual to be singled out. We may collect non-Personal Information related to your interaction with or use of the Services.

We collect the following categories of Personal Information when you interact with us on our Services:

  • Personal Identifiers: We may collect your name, email address, social media handles, shipping address, billing address, zip or postal code, telephone number, unique personal identifier, online identifier, Internet Protocol (IP) address, account name, or other similar identifiers. If you create an account, we also collect your username and password.
  • Demographic Information: We or our third-party marketing partners may collect your age, date of birth, gender, address, zip code, marital status other household information, education level, employment status, race, ethnicity, estimated income, and other similar demographic data some of which may include characteristics of protected classifications under state, provincial or federal law. We may collect this information when you choose to provide it to us as part of your profile, when using our Services, to confirm if you are over the legal age so that you can interact with our Services, enroll you in our campaigns, promotions, sweepstakes, loyalty programs or when you choose to provide it to our marketing and analytics partners and United States and other foreign service providers.
  • Commercial Information: We collect information such as products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies. This includes information about the transaction, such as product details and the date and location of the purchase/return.
  • Payment Information: We collect billing information, such as your account number, credit card number, expiration date, card verification number, billing address if you make a purchase, and other financial information required to allow you to purchase our products.
  • Education Information: We may collect your education level, for example when you take one of our surveys.
  • Internet or Other Electronic Network Activity Information: We collect details of your visits to our websites and information generated in the course of using our Services (including the timing, frequency and pattern of service use) including, but not limited to, traffic data, general location data, weblogs and other communication data, the resources that you access, and how you reached our site. We also collect details regarding the device you use to access our Services, including, but not limited to, your IP address, operating system and browser type, device ID, and Personal Information collected from cookies and similar technology when you open our emails and visit our website (for more information about cookies, how we use them, and your related choices, please see our Cookie Policy.
  • Location Data: For example, you can enter your zip code to know where to find your favorite products near you. We may also collect your IP address automatically when you use our Services. We may be able to determine your general location (I.e., the city, area in which you are located) based on your IP address.
  • Employment-related Information: If you apply for employment with us, we may collect information such as your name, email address, telephone number, home address, resume/CV, cover letter, education information, employment history, and job preferences. To the extent you participate in an interview process with us, we may also collect information from you via video and/or audio interview(s). In line with EEOC (Equal Employment Opportunity Commission), we may invite candidates in the United States region, to voluntarily provide their race/ethnicity, gender, self-identification for disabilities and veteran status for record-keeping and reporting purposes only. We may also share your Personal information with third parties for the purposes of conducting interview assessments and conducting background/reference checks with respect to your employment and related credentials as part of our hiring process.
  • Audio, Electronic, Visual Information: We may record audio during customer service calls. We also collect audio or visual information you post to our sites, like photos or videos. We also collect video surveillance at our in-person events.
  • Inferences drawn to create a Profile about You reflecting Your Preferences or Characteristics: We analyze your purchases, preferences, or other interactions and may create a profile for you to suggest other products you may be interested in. For example, we collect membership data, such as contact preferences, and preference data, such as the flavors that you prefer and products you have purchased.
  • Sensitive Personal Information: We may collect certain Personal Information that is defined as sensitive Personal Information under the applicable data protection laws. For example, we will collect your social security number or government issued identification when required to comply with the law and to verify your age or we may collect your ethnicity as part of a consumer survey. If you are subject to the UK GDPR or the EEA GDPR, please refer to our section on Additional Privacy Notice for UK and EEA residents for details regarding the Personal Information we process about you, including our lawful bases for processing this.

  • Directly from you: We collect Personal Information directly from you, such as when you provide the information to us while using our Services or when you fill out forms or applications on our website. You do not need to provide this information to us but, if you don't, we will not be able to respond to your communication or fulfil your transaction or request.
  • Automatically from you or your device: When you interact with the Services, we may also collect your Personal Information automatically through our websites and emails. This information may be collected through cookies, web beacons, and other tracking technologies, as well as through your web browser or device. Please refer our Cookie Policy for more details.
  • Business Partners: We may also collect Personal Information from third parties, such as our business partners or affiliates to support contests and promotions and our marketing initiatives, administer our contests and promotions, improve our Site’s functionality and services, manage distributions, and monitor, manage, and measure our advertising campaigns.
  • Social Media Networks: If you interact with us through social media platforms (such as Instagram, Facebook, Twitter, Google, TikTok and Pinterest), including tools made available by them such as chatbots, widgets and plugins, we collect information that you disclose to us, or that the social media platforms disclose to us. We may also source Personal information and resumes/CVs from platforms such as LinkedIn, indeed, Handshake etc. for specific job openings. For more information about the privacy practices of those social media platforms, please review the privacy policies and settings of the social media platforms and networks that you use.
  • Marketing and Analytics Companies: We may receive information about you from other United States and other foreign vendors and third parties that we work with including data analytics providers, marketing or advertising service providers, fraud prevention service providers, vendors that provide services on our behalf.
  • We Combine Information. We may combine Personal Information from the Services together and with other information we obtain from our business records. We may also combine information we collect offline with information we collect online. Additionally, information collected about you from a particular browser or device may be linked to information collected from another computer or device that we believe relates to you. We may combine information we get from another party with information we already have. We may also aggregate your information with other consumers’ information to understand preferences and trends over time. Personal Information in this category may include your age, gender, your purchases, preferences, sites you have accessed. These activities do not involve automated decision making about you. This Personal Information is used to create models for retargeting you (for example sharing targeted and specific invites to events in accordance with your preferences, sharing specific promotions related to the product of your choice etc.), and understanding purchase behaviors for building your customer journey.
  • Other Sources: We may collect Personal Information from other sources as we may disclose to you from time to time, including from publicly available sources. We may also create information, such as profiles and inferences, based on our analysis of Personal Information we receive and collect from you. For example, we may collect Personal Information from companies we partner with to fulfill orders (e.g., Go Puff). This Personal Information may include your customer information including email address, delivery address, and other information about an order you place via us or our partners.

We use the above categories of Personal Information to provide you with the Services that you request. We also use your Personal Information for the following business and commercial purposes:

  • Provide our Services - We use your Personal Information to provide products and services. For example, to process your orders, process payments, and deliver our products and services to you, where applicable, such as branded or personalized product merchandise that you may purchase through an e-commerce platform. We also use your Personal Information to create, maintain, and otherwise manage your account and profile. We also use your Personal Information to maintain your transaction history and verify eligibility to access our Services.
  • For marketing purposes. We may use Personal Information for marketing and advertising purposes, such as providing you with information about our products and services and the products and services of our partners and other third parties. If you join our mailing list, we will send you promotional information on our products. Please refer to Your Choices About How We Use Your Personal Information , below, for information about how to unsubscribe from marketing communications. We may also use your Personal Information to personalize your experience on our website, in email, on third-party websites, and on social media. We may use Personal information to offer and administer special promotions, discounts, purchase incentives, loyalty programs, prize promotions, invites or other similar offers and promotions. We may use Personal Information to display advertisements related to products we think may interest you on our websites, in e-mail communications you consent to receive, on other websites that work with our advertising partners, and on social media platforms, in line with any legally required marketing permissions.
  • To respond to your requests and communicate with you. We use your Personal Information to communicate with you, such as to respond to and/or follow-up on your requests, inquiries, issues, or feedback, and to provide consumer and customer services. We may invite you to participate in surveys on your satisfaction with our products and services. We also use Personal Information to communicate with you about changes to our business practices, policies, programs, and terms and conditions. If you are navigating our website, you may interact with our chatbot through Facebook Messenger and/or Twitter, in which case, this bot will answer your questions based on the information that it collects about you. We record and retain the contents of the chat for the purposes set out in this How We Use Your Personal Information of the Privacy Policy. Facebook and/or Twitter may also collect information about you through cookies and pixels on it’s the Facebook/Twitter platforms, subject to Facebook/Twitter’s privacy policies.
  • To improve our products and services. We may use your information to make our services, platforms, offerings, marketing campaigns, communications, and products better, including to understand how you use our products and services. We might use your information to conduct research and analysis, as well as develop new services and products.
  • To administer our websites, platforms, services, and programs. We use your Personal Information to manage, maintain, administer, and troubleshoot our website, apps, databases and other platforms, including to understand how you interact with our services, platforms, and other communications with you. We also use Personal Information to administer, maintain, and communicate with you about contests and promotions in which you have chosen to participate, including publishing winner information in winner lists and sharing winners list with third parties and /or regulators as required for prize distributions and regulatory purposes respectively.
  • To comply with our obligations. We may use Personal Information to fulfill our legal obligations, resolve disputes, defend our legal rights, and enforce our agreements. We may also use Personal Information to verify you can legally access our Services. We may also use Personal Information to fulfill contractual obligations we may have to you.
  • For security and safety purposes and prevent fraud. We use Personal Information to detect, investigate, prevent, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity and protect our websites, apps, or services. We may also use Personal Information to investigate, prevent, and enforce against violations of our terms and policies. We may use Personal Information to protect our company, properties, our trademark, customers, business partners, and their respective personnel.
  • For analytics purposes. We may use Personal Information such as customer IDs/ internal identifier for analytics purposes, specifically to understand which pages you have visited, elements of the website you have clicked on, products purchased, advertisements that you have liked or rated in any way, how you reacted to contests, surveys, sweepstakes and other promotions.
  • To personalize your experience. We may use Personal Information such as name, e-mail address, address, location, telephone, birth information, demographic information and online identifiers to personalize your experience with our Services, our communications to you, and the marketing and advertising that you receive via the agreed channels or which you see on our websites, including to provide personalized recommendations about our products and services, events, promotions, and loyalty programs. Some of these uses rely on cookies, in particular those related to marketing, bot services and personalization. To the extent that they do rely on cookies, please see our  Cookie Policy for further information.
  • Other purposes which we may disclose to you at the time of collection or in accordance with applicable law.

  • We only retain your Personal Information for as long as is reasonably necessary to fulfil the purpose for which it was originally collected, for the purposes described in this Privacy Policy or as otherwise required by applicable legal obligations under United States, Canadian and other foreign law. We also keep Personal Information as necessary to comply with our legal obligations, resolve disputes, defend our legal rights, and enforce our agreements. We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. If we continue to retain your Personal Information in accordance with a legal obligation, any further processing of your data will be limited to compliance with such legal obligation.
  • To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the personal Information, the potential risk of harm from unauthorized use or disclosure of your personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal obligations.
  • If you are a candidate, we will keep your information for as long as it is necessary for the recruitment process. If you are hired, we will keep your information for the duration of your employment and in accordance with our data retention policy. If we are unable to offer you a role, we may keep your information to contact you about future roles that may be of interest, but only where we have collected your consent to do so. We may also keep your information to create reports to understand recruitment trends; you will not be identifiable in these reports and information will be distributed internally. You may withdraw your consent at any time by submitting a request here .

Third Parties and Services Providers
We may disclose Personal Information to certain United States and other foreign third parties to enable them to provide services to us. In the preceding 12 months, we have disclosed the categories of Personal Information along with the categories of service providers noted below to assist us in various functions, including providing technological support and performing security and anti-fraud services, providing you with our services and products (including helping us to administer contests and promotions), and providing you with communications and marketing information on our behalf. We have disclosed the below categories of Personal Information to the with the specified categories of service providers, contractors, and third parties:

  • Personal Identifiers: Businesses, service providers, third parties, including data analytics providers, technology providers; advertising networks, marketing companies, promotion providers, and social media providers.
  • Demographic Information: Businesses, service providers, third parties, including data analytics providers, technology providers; advertising networks, marketing companies, promotion providers, and social media providers.
  • Commercial Information: Businesses, service providers, third parties, including data analytics providers, technology providers; advertising networks, marketing companies, promotion providers, and social media providers.
  • Payment Information: Service providers including payment processing providers and customer service providers.
  • Internet or Other Electronic Network Activity Information: Businesses, service providers, third parties, including data analytics providers, technology providers; advertising networks, marketing companies, promotion providers, and social media providers.
  • Location Data: Service providers, third parties, including data analytics providers and technology providers.
  • Education Information: Service providers, third parties, including data analytics providers and marketing companies.
  • Employment-related Information: Third parties for the purposes of conducting interview assessments and conducting background/reference checks with respect to your employment and related credentials as part of our hiring process.
  • Audio, Electronic, Visual, or Similar Information: Businesses, service providers, third parties, including data analytics providers, technology providers; advertising networks, marketing companies, promotion providers, and social media providers.
  • Inferences drawn to create a Profile about You reflecting Your Preferences or Characteristics: Businesses, service providers, third parties, including data analytics providers, technology providers; advertising networks, marketing companies, promotion providers, and social media providers.
  • Sensitive Personal Information: Service providers including data analytics providers and technology providers.

Please refer to above (“Categories of Personal Information We Collect”), for examples of the information we collect from these categories of Personal Information.

Corporate Affiliates
We may also disclose your Personal Information within the Mark Anthony Group of Companies, which may use Personal Information for purposes consistent with this Privacy Policy. Such purposes include, but are not limited to providing technological support, performing security and anti-fraud services, processing payments, facilitating marketing campaigns and recruitment, and administering contests and promotions. To see the family of our affiliated brands, please visit our brand page.

Social Media Networks
Our websites include certain features (such as plug ins which link to Mark Anthony’s social media pages on those respective platforms or chatbots that help you communicate with us) made available by third-party social media platforms and networks (these include Facebook, Instagram, Twitter, TikTok, Pinterest, and YouTube). Your Personal Information may be disclosed to and collected by those third parties. The use of your Personal Information by social media platforms and networks is governed by their respective privacy policies.

For Legal Purposes
Depending on the jurisdiction in which you reside, we and our United States and other foreign service providers may disclose your Personal Information in order to comply with laws or regulations, or in response to a subpoena, warrant, court order, legal order, government investigation or other legally valid inquiry or request, to protect our rights or the rights of others, or to comply with relevant laws and regulations. We may also provide your Personal Information to another organization under certain circumstances for the purposes of investigating a breach of an agreement or contravention of law, or detecting, suppressing or preventing fraud, or as otherwise may be required or permitted by applicable, United States, Canadian, or other law or legal process, which may include lawful access by United States or foreign courts, law enforcement or other government authorities. Your Personal information may also be disclosed where necessary for the establishment, exercise or defense of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.

For Security and Safety Purposes
We may disclose your Personal Information to law enforcement, legal advisors, information security and forensics professionals, our insurers to protect the safety and security of our Services, including to detect and protect against fraud and to take action regarding possible illegal activities or violations of our policies.

Certain Corporate Transactions
We may disclose your Personal Information as part of a prospective or completed transaction, financing, due diligence or for other business needs. For example, if we sell or transfer our business operations or assets, we may share your Personal Information with the party to that transaction. In addition, in the event we become the subject of an insolvency proceeding, whether voluntary or involuntary, we or our liquidator, administrator, receiver, or administrative receiver may sell, license or otherwise dispose of such information in a transaction approved by the court.

Aggregated Data
We may create and use aggregated or de-identified data at our discretion, such as by sharing it with marketing agencies, media agencies and analytics providers.

Other Purposes
We may disclose your Personal Information for other reasons we may describe to you from time to time or as permitted or required by law.

  • Email and Text Messages
    We will process your Personal Information for marketing purposes as legally required in line with your marketing preferences. If you no longer wish to receive email marketing communications or text messages from us, you can opt-out of such communications or change your preferences at any time. To stop receiving our promotional emails, you can follow the instructions in any promotional message you get from us to unsubscribe. Alternatively, you can opt-out of receiving such communications submitting a request here.You may unsubscribe at any time. If you receive promotional text messages from us, you may opt-out by replying “STOP”. Even if you opt-out of getting marketing messages, we may continue to send you transactional messages, including administrative messages or responses to your questions.

    Cookies and Similar Technology
    Cookies & Interest-Based Advertising:
    We use cookies and similar technologies on our websites, platforms, and in our Services so that we can recognize a user’s computer or device when they return. To learn more about cookies please see our Cookie Policy. Keep in mind that the cookies used on our various websites will differ and are browser and device specific. You will need to set your preferences on each Mark Anthony site you visit, within each browser you use and on each device.

    You can control certain cookies and tracking tools through our cookie banner and your device settings. Your browser may also give you the ability to control cookies or other tracking tools. How you do so depend on the type of tool in use. Certain browsers can be set to reject browser cookies. You may set your browser to notify you when you receive a cookie or to not accept certain cookies. However, if you decide not to accept cookies from our websites, you may not be able to take advantage of all of the websites’ features. Since flash cookies do not reside in your browser, your browser settings will not affect them. To control flash cookies, you thus need to click here.

    We and third-party advertising networks, social media companies, and other services may collect information about your use of our websites and apps over time so that they or we may provide you with tailored, interest-based advertising using information gathered about you over time across multiple websites or other platforms (such as web pages you visit and your interaction with our advertising and other communications). To do this, we and our vendors use several tracking tools, such as browser cookies, web beacons, and other technologies and use this information to make predictions about your preferences, develop personalized content and deliver ads that are more relevant to you on third-party websites. This information may also be used to evaluate the effectiveness of our online advertising campaigns. To learn more about your options related to this type of information collection and use, and to opt-out of certain uses of cookies for advertising purposes visit www.aboutads.info/choices and https://optout.privacyrights.info/.

    Google Analytics:
    We use Google Analytics to better understand how our users interact with our websites. They use cookies to help us analyze how visitors use our websites. For example, with Google Analytics, the information generated by the cookie about your use of our websites (including your IP address) will be transmitted to and stored by a Google server and transferred to Mark Anthony Databases. Google and Mark Anthony use this information for the purpose of evaluating your use of our websites, compiling reports on our websites’ activity for us, and providing us with other services relating to website activity and internet usage. You can prevent the storage of data relating to your use of our websites and created via the cookie (including your IP address) by Google, as well as the processing of this data by Google, by refusing cookies via our cookie banner or by downloading and installing the browser plug-in available at the following link https://tools.google.com/dlpage/gaoptout/. You can also obtain additional information on Google Analytics’ collection and processing of data and data privacy and security at the following links https://policies.google.com/technologies/partner-sites and https://support.google.com/analytics/topic/2919631

    You can also control certain location tracking tools. To control the collection of your precise location on your mobile device, you can adjust the settings on your mobile device, such as by disabling location services and turning off the Bluetooth and Wi-Fi.

    Options you select and choices you make are browser, website and device specific. If you clear your cookies or your browser’s cache, you will need to set your preferences again. If you block or restrict cookies, certain features and functionality of the site may not work properly or at all. Blocking or restricting certain cookies does not mean all cookie and data collection will stop, certain technologies are necessary to operate the Services properly.

    For Canadian Residents:
    For more information about interest-based advertising and to understand your options, including how you can opt-out of receiving behavioural ads from third-party advertising companies participating in the Digital Advertising Alliance of Canada, please visit the Digital Advertising Alliance of Canada website at http://youradchoices.ca/choices.

    Please note that even if you opt-out of interest-based advertising by a third-party, these tracking technologies may still collect data for other purposes including analytics and you will still see ads from us, but the ads will not be targeted based on behavioural information about you and may therefore be less relevant to you and your interests.

    To successfully opt-out, you must have cookies enabled in your web browser (see your browser’s instructions for information on cookies and how to enable them). Your opt-out only applies to the web browser you use so you must opt-out of each web browser on each computer you use. Once you opt-out, if you delete your browser’s saved cookies, you will need to opt-out again.

  • Do Not Track
    We do not currently recognize certain browser signals regarding tracking mechanisms, which include “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms. These features are not all uniform.

    Residents of Select States
    Residents of select states have additional choices as described in the Additional Privacy Notice and Rights for United States Residents section.

Our websites may include links to other websites, including social media, that we do not own or operate. We provide links to such third-party websites as a convenience to the user. If you click on these links, you are leaving our website and the collection, use and disclosure of your Personal Information will be subject to these third parties’ privacy practices, terms of use, and other contractual documentation listed on such websites. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat Personal Information. We encourage you to read the privacy policy of every website you visit.

Some of our websites allow you to interact with us through Facebook Messenger. Once you are logged-in to your Facebook messenger account, you can interact with us through a chatbot. Our chatbot works with artificial intelligence, which means it is not operated by a human. It responds to you based on previous interactions and programmed algorithms.

When you interact with the chatbot, it can collect your information, including your, location, the language you use, your IP address or a unique identifier from your device, as well as how you feel about our products or your interests, depending on the conversation you are having with this chatbot. It is our policy to limit the information collected to only the minimum information required to complete a user’s request. Our intention is not to seek any sensitive information through the chatbot unless legally required. We suggest that you do not provide sensitive information through the chatbot, such as information relating to race or ethnic origin, political opinions, religious or other similar beliefs, trade union membership, physical or mental health, sexual life or criminal record.

If you subscribe to promotional messages through the chatbot, you will be prompted to share your name, birthdate, and postal code. This is used to personalize the chatbot messages, such as to identify events in your area.

This chatbot may retain the identifying information described above in order to show you relevant content in the future. As with other interactions on Facebook, you are also subject to Facebook’s privacy policy when using Messenger. You can read it by going to their respective Privacy Policies.

If you are accessing this website from jurisdictions outside the United States, please be advised that you may be transferring your Personal Information to us in the United States where data protection and privacy laws may be less stringent than the laws of your country. When we share your Personal Information with our partners and third parties, they may store some of your Personal Information in their databases in the United States, or elsewhere in the world. Our service providers may be located in the United States or in other foreign jurisdictions.

We maintain reasonable and appropriate organizational, physical, electronic, and procedural/administrative safeguards designed to help protect your Personal Information in our custody or control against theft,