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KIND Privacy Policy

This Privacy Policy applies to information collected on the KIND LLC websites, as well as through our Customer Service hotline, events, mobile messaging services, direct marketing campaigns, sweepstakes and competitions, and KIND branded pages on third party platforms (e.g., social networking services), mobile applications, and applications accessed or used through such websites or third party platforms which are operated by or on behalf of the KIND (collectively, “KIND Sites”).

This Privacy Policy explains what information may be collected by or on behalf of KIND, how such information may be used and/or shared with others, how we safeguard it and how you may access and control its use in connection with our marketing communications and business activities.  If you are a resident of California, please see the California Rights section for additional disclosures.

Your use of the KIND Sites constitutes your acknowledgement of this Privacy Policy and the practices it describes. 

1. WE COLLECT INFORMATION FROM AND ABOUT YOU

There are several ways we may obtain information about you:

Information You Provide To Us

There may be features of KIND Sites (such as making a purchase or applying for a job) where we may ask you to provide certain information so that we may provide those services to you. We may ask for information when you register to create an account, update your information, sign up for a subscription, use certain features, access, upload or download content, purchase products or services, enter into promotions or register for competitions, fill out a survey, refer others to KIND, request customer support (by email or telephone or in writing) or otherwise communicate with us.   Below are examples of information you may directly provide to us:

  • Contact and demographic information:  your name, address, phone number(s), email address, demographics, date of birth, a unique individual password to create and access your KIND account, and other information about you. 
  • Product and preference information: your areas of interest, product preferences and requests (which may include allergy information), order history (such as what products you have purchased or browsed through the KIND Sites)
  • Payment Information to complete a transaction: credit card or debit card details, shipping and billing information
  • Employment information: if you apply for employment through our website, we may collect details as part of a job application, such as your employment history.
  • Social media information: if you interact with our branded social media pages, we may collect information you post on those pages.
  • Other Information you post or submit: we may collect information when you post user generated content, submit a rating & review, enter a contest, or contact Customer Service.

You may decide to provide us with another person's email or phone number so that we may recommend a product or service, facilitate your communication with other people, or for other reasons.  Local law may require you to obtain the consent of your contacts to provide their personal information to KIND, who may use that information in accordance with the terms of this Privacy Policy. 

Information Collected Automatically

Whenever you visit or interact with KIND online (including our digital ads and content), KIND, as well as third-party advertisers and/or our service providers, use a variety of technologies that automatically or passively collect information about your online activity, including how you access or use the KIND Sites (“Usage Information”) and information from and about your devices, as further described below.  Usage Information includes the type of device you are using, device identifier, IP address, the operating system and browser you are using, general location information, what site you came from to get to us, what site you go to when you leave us, what content you view or click on, what search terms you enter on the KIND Sites, and the date and time you access the KIND Sites. Usage Information may include information collected in the following ways:

Log Files: Information is automatically logged about your use of the KIND Sites, including your browser type, operating system, activations, content, products or services you purchase or access, the page served and the preceding page views or websites visited. This provides us with information about the use of the KIND Sites, such as how many visitors visit a specific page, how long they stay on that page, and which hyperlinks, if any, they “click” on. It also provides us with information about your interactions with KIND’s products and services, other KIND website users, as well as advertising and products or services offered through or linked from the KIND website. This information helps us keep the KIND website interesting to our visitors and allows us to tailor content to a visitor’s interests.

Location Information: We may collect information about the location of your device when you access or use the KIND website; or if you choose to turn on your Bluetooth, Wi-Fi or other geolocation functionality when you use our mobile applications, subject to your consent, these applications may collect and use your precise geolocation information. We may share your location with certain third-parties, including for analytics and advertising purposes.

 

Device Identifiers: We may automatically collect your IP address or other unique identifier (“Device Identifier”) for the computer, mobile device, tablet or other device (collectively, “Device”) you use to access the KIND Sites, including the hardware model and mobile network information. We may use a Device Identifier to, among other things, administer the KIND Sites, help diagnose problems with our servers, analyze trends, target advertising, track users’ web page movements, and help identify or gather broad demographic information for aggregate use.

Cookies and Tracking Tools: We, or third parties we work with, may place a cookie, pixel, beacon or other tools, on your computer or device in order to allow you to use our website, to personalize your experience, and to tailor advertising. Additionally, you may encounter cookies or other similar devices that are placed by third parties, such as advertisers, on pages that are linked to from our site. We do not control the use of cookies by third parties. To learn more about how to disable cookies, see your choices, below.

Cookies allow us to recognize your computer while you are on our website and help customize your online experience and make it more convenient for you. Cookies are also useful in allowing more efficient login for users, tracking transaction histories and preserving information between sessions. The information collected from cookies may also be used for advertising purposes and to improve the functionality of our website.


 

Information Received from Other Sources

We also may obtain information from other sources and combine that with information we collect ourselves.

  • Account integration:  You may integrate your KIND account with external applications and sites. If you do, we may receive similar information related to your interactions with KIND on the external application, as well as information about your publicly available activity on the external application or site.
  • Account creation using a third party:  If you create an account using your credentials from an external website or social media site, we will have access to certain information from that site, such as your name, profile and account information, such as lists of your friends, "likes," comments you have shared, groups and location, demographic information, and publicly-observed data (such as from social media or online activity) in accordance with the authorization procedures determined by such external site.
  • Social media plug-ins:  Services like Login Radius allow you to use your Facebook or Google account credentials to log into that account through the KIND Sites.  Social plugins or pixels allow you the option to post information about your activities on the KIND Sites to your profile page to share with others within your network. In addition, we may receive information about you if other users of an external application or website give us access to their profiles and you are one of their "connections" or information about you is otherwise accessible through your "connections" web page, profile page, or similar page on a social networking or other external website or interactive service.
  • Business partners and service providers:  We may receive information about you from our partners and service providers (including, for example, companies that co-sponsor promotions, analytics vendors, web hosting companies, advertising networks, marketing agencies, search information providers, and other similar third parties) which we may use to personalize your experience, to measure ad quality and responses, and to display ads that are more likely to be relevant to you.
  • Other sources:  We may obtain information about you from other sources.  For example, we may receive information from public databases or data aggregators that may include your demographic information, media consumption, previous purchases, shopping habits, loyalty program information or lifestyle preferences. We may also get your email or phone number from a friend or family member if they provide it to us.

Inferences

Using the other pieces of personal information collected about you, we may draw inferences about you, reflecting what we believe to be your preferences, characteristics, predispositions, and attitudes.

Combination of Information

We may combine the information we receive from you and about you, including information you provide to us and information we automatically collect, as well as information collected across other computers or devices that you may use, from other online or offline sources, and from third party sources.  This combined information may be used in any manner detailed in this policy.

2. HOW WE USE THE INFORMATION COLLECTED

We may use the information we collect or receive about you for a variety of business purposes, including for example:
 

Customer Service, Transactional, and Business Purposes, including:

  • Helping to establish and verify the identity of users and determining your eligibility for certain products, services and promotions;
  • Opening, maintaining, administering and servicing users’ accounts, including responding to your inquiries;
  • Processing transactions and communicating with you about these transactions and order fulfillment;
  • Improving our website, including tailoring it to users’ preferences;
  • Providing users with product or service updates and other important notices;
  • Responding to your questions, inquiries, comments and instructions;
  • Maintaining the security and integrity of our systems;
  • Communicating with you about promotions or contents you may enter on our websites;
  • Providing you with access to certain features on the KIND Sites;
  • Evaluating your job application;
  • To use and disclose your credit, debit or payment card information only to process payments and prevent fraud;
  • Contacting you with changes to any KIND policy;
  • Enforcing our legal rights;
  • Verifying your identity if you submit requests under privacy laws; and
  • For purposes disclosed at the time you provide your information, as permitted by law, or otherwise with your consent.

Advertising, Customization and Analytics Purposes, including:

  • Performing market research, creating audience segments, understanding the effectiveness of our advertising or promotions and KIND Site analytics and operations;
  • Personalizing and improving the KIND Site and our products, services, offers and advertising made available on or outside the KIND Sites (including on other sites/applications that you visit);
  • Serving you advertisements, offers and promotions for KIND products, as well as special offers and promotions for certain other companies whose products or services we think you would find interesting;
  • Providing news and other information we think will be of interest to you on the KIND Sites, in emails and across third-party websites.  See Section 3, advertising services, for more information about our advertising;
  • Combining with information we receive from others to help us understand your interests, preferences, and needs, and to use that information for interest-based or targeted advertising or re-targeting; and
  • Sending push notifications through our mobile apps related to new products or special offers;
  • Communicating with you, either directly or through one of our partners for marketing and promotional purposes via emails, notifications, or other messages, consistent with any permissions you may have communicated to us.


 

Additionally, if you use the KIND website to connect with external services (such as social media sites), you authorize us to use information from and about you, on your behalf, to interact with these external services based on your requests.

3. SHARING OF INFORMATION

The information we collect or receive about you may be shared by you or by us as described below. 

Sharing of Information by You

The KIND Sites offer many ways to find, enjoy, and share content.   

Your Activities: Your activity on the KIND Sites such as filling out surveys, reviewing and rating products, inquiring about or purchasing products, online communities, “liking” or “sharing” KIND content to your social media accounts or pages or otherwise interacting with the KIND Sites may be visible to other users of the KIND Sites and in some cases, publicly available.

Sharing of Information by Us

We may share your information in the following ways:

Affiliate Companies:  We will share information with our subsidiaries and affiliates in the KIND corporate family, including Mars Information Services, Inc.

Service Providers:  In order to carry out your requests, respond to your inquiries, process your payments, fulfill your orders, honor coupons, provide you with samples, enable you to participate in sweepstakes or make various other features, services and materials available to you through the KIND Sites, we may share your information with service providers that perform functions on our behalf, such as companies that host or operate the KIND Sites; host our websites; send emails on our behalf; process payments; analyze data; provide customer service; postal or delivery services; and vendors that administer our contests or promotions. 

Business Partners and Marketing Companies: We may also share your information with promotion or event co-sponsors, business partners, advertising networks, media buying agencies, advertising service providers, social media networks, and analytics companies or other third parties in connection with marketing, promotional, and other offers, as well as product information.  Your information may also be shared with other third parties that we identify at the time you provide your personal information.

Business Transfers:  As we continue to develop our business, we may sell or purchase assets.  We may share your information with any successor to all or part of our business. If another entity acquires us or all or substantially all of our assets, or assets related to KIND, your information may be disclosed to such entity as part of the due diligence process and will be transferred to such entity as one of the transferred assets.  Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.

Legal Disclosure:  KIND may transfer and disclose your information to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to verify or enforce our terms of use or other applicable policies; to detect and protect against fraud, or any technical or security vulnerabilities; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of third parties, visitors to the KIND Sites, KIND or the public.

Other Purposes: We may also share your information with other parties as we describe to you from time to time when we collect your information.

4. YOU HAVE CERTAIN CHOICES ABOUT HOW WE USE YOUR INFORMATION

About Our Ads

  • We engage in interest-based advertising by working with online advertising companies to show you relevant and useful ads based on information we collect about you over time and across different websites. This may include ads served on our websites or apps. This may also include ads served on other companies’ sites. To learn more about this type of advertising, click here. To learn more about the tracking tools we use for interest-based advertising, see the Cookies and Tracking Tools section, above.
  • You can control cookies and tracking tools. Your browser may give you the ability to control cookies or other tracking tools. How you do so depends on the type of tool. Certain browsers can be set to reject browser cookies. The Self-Regulatory Program for Online Behavioral Advertising provides consumers with the ability to opt out of having their online behavior recorded and used for advertising purposes. To opt out of having your online behavior collected for advertising purposes, click here or here. Choices you make are browser and device specific.  Removing or rejecting browser cookies does not necessarily affect third-party flash cookies used in connection with the KIND Sites. To delete or disable flash cookies, please click here for more information.
  • Certain third-party platforms provide consumers with the ability to opt-out of receiving interest-based ads. On some of these platforms, you need to control your settings on that platform. For example, to opt out of Google’s collection of your online behavior for advertising purposes, visit the Ad Settings page here.
  • If you do disable or opt-out of receiving cookies, please be aware that some features and services on the KIND Sites may not work properly because we may not be able to recognize and associate you with your account(s). In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.  Please note that even if you opt-out, you may still receive advertisements from KIND that are not customized based on your Usage Information. 
  • On your mobile device, you may also adjust your privacy settings, such as disabling push notifications or turning off location services for our Apps.  To learn more about opting out of interest-based advertising for mobile apps, please click here.

OUR DO NOT TRACK POLICY: Some browsers and websites have “do not track” features that allow you to tell a website not to track you. These features are not all uniform. We do not currently respond to those signals. If you block or reject cookies, not all of the tracking described here will stop.

Partner Communications:  While on the KIND Sites, you may have the opportunity to opt-in to receive information and/or marketing offers from our partners and other companies. If you opt-in to receive information or marketing offers from others, your information will be disclosed to the third party and the information you disclose will be subject to the privacy policy and business practices of that third party, and you will need to contact them if you want to opt-out of their marketing.  Certain KIND Sites may contain social sharing features. If you use the social sharing features of the KIND Sites, your information may be shared with your friends or groups. 

Location Information:  By downloading our mobile applications or using the KIND Sites, you consent to our collection of location information and sharing with third parties for analytics and advertising purposes. If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by going to the setting feature on your Device and changing your preferences. If you do so, certain features of our App may no longer function. You also may stop our collection of location information by following the standard uninstall process to remove our App from your device.

Access to Your Information:  If you wish to verify, change, update or delete any information collected through a registration form on the KIND Sites, please access your profile on our website or contact us using the contact information below.  Please note, however, that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

Marketing Opt-Out: You may always direct us not to contact you with promotional offers or other advertisements, or not to send you newsletters.  To do so, you can contact KIND by:

  • sending us an e-mail at customerservice@kindsnacks.com;
  • calling us at 1-855-884-KIND (1-855-884-5463), Monday through Friday 8:30 AM-6:00 PM (Eastern Time);
  • contacting us by mail at P.O. Box 705, Midtown Station, New York, NY 10018, or
  • following the removal instructions in the communication that you receive. Your opt-out request will be processed within 10 days of the date on which we receive it.

Please note that if you opt-out of receiving promotional offers and advertisements, we may still send you non-promotional communications, such as those about your account purchases or status, or our ongoing business relations.

5. Your California Privacy Rights: 

California law permits residents of California to request certain details about how their information is shared with third parties or affiliated companies for direct marketing purposes. If you are a California resident and would like to make such a request, please contact us at: customerservice@kindsnacks.com. You must put the statement “Your California Privacy Rights” in the subject field. We are not responsible for notices that are not properly labeled or sent, or do not have complete information.

If you are a California resident under the age of 18 and are registered to use any of the KIND Sites where this policy is posted, you may request that we remove any content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to customerservice@kindsnacks.com. Please note that your request does not necessarily ensure that we can completely remove all of the content or information you have posted.  There may be circumstances where the law does not require or allow removal even if you have requested it.

If you are a California resident, you can also make the following requests regarding your Personal Information:

  • Access – You can request that we disclose to you the categories of Personal Information we collected about you, the categories of sources from which we collected the Personal Information, the categories of Personal Information we sold or disclosed, our business or commercial purpose for collecting and selling your Personal Information, the categories of third parties with whom we shared your Personal Information, and the specific pieces of Personal Information we collected about you over the past 12 months.
  • Deletion – You can request that we delete your Personal Information that we maintain about you, subject to certain exceptions.
  • Opt-out – You can request to opt-out of the sale of your Personal Information by clicking Do Not Sell My Info.  For purposes of this Privacy Notice, “sell” means the sale of your personal information to a third party for monetary or other valuable consideration, subject to certain exceptions set forth in applicable law.  As described above, certain companies place tracking technologies like cookies on our sites which allow those companies to receive information about your activity on our sites that is associated with your browser or device. These companies may use that data to customize content for you and to serve you more relevant ads on our sites or others, on our behalf and on the behalf of other advertisers.  Even if you make a Do-Not-Sell My Info request through our site, you will need to separately adjust your browser settings, opt out at http://optout.aboutads.info/, and otherwise set your preferences as described in Section 4 above if you would like to control cookie-based tracking for advertising purposes.

We will not discriminate against you because you exercised any of these rights.

Note that for purposes of these rights under this Privacy Notice, Personal Information does not include information about job applicants, employees and other of our personnel; or information about employees and other representatives of third-party entities we may interact with.

California residents can make an access or deletion request by writing to us using the information in the “Contact Us” section below, or by calling toll-free or using the web form available in the Contact Us section on our websites.

We will take reasonable steps to verify your identity prior to responding to your requests.  The verification steps may vary depending on the sensitivity of the Personal Information and whether you have an account with usCalifornia residents may designate an authorized agent to make a request on their behalf.  When submitting the request, please ensure the authorized agent is identified as an authorized agent.

We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain Personal Information as permitted by law, such as for tax or other record keeping purposes, to maintain an active account, and to process transactions and facilitate customer requests.

We want our California residents to know the following:

  • We collect and use the following categories of Personal Information (as those categories are set forth in the California Consumer Privacy Act) for the business and commercial purposes described in this Privacy Notice: Identifiers; payment information; allergy information; characteristics of protected classifications under California or federal law (such as demographic information like age and gender); commercial information; internet or other electronic network activity information; geolocation data; and inferences. We collect this Personal Information from the categories of sources described above.
  • We disclose each of these categories of Personal Information for our business and commercial purposes as described in this Privacy Notice to the extent permitted by applicable law. 
  • We may “sell” the following categories of Personal Information: Identifiers; demographic information; commercial information; Internet or other electronic network activity; geolocation data; and inferences. 

6. CHILDREN

Our sites are meant for adults. We do not knowingly collect Personal Information from children under 18 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 18 has given us information, you can email us at customerservice@kindsnacks.com.  You can also write to us at the address listed at the end of this policy. Please mark your inquiries “Children’s Information Request.”

Access to certain parts of the KIND Sites and/or eligibility to receive prizes, samples or other rewards may be limited to users over a certain age. We may use your personal information to carry out age-gating, age verification checks and enforce any such age restrictions.

7. SECURITY

We maintain standard security measures intended to guard your information. Please be aware, however, that the Internet is not 100% secure. We cannot promise that your use of our sites will be completely safe, and any email you send through the Internet cannot be completely protected against unauthorized interception.  You use the KIND Sites and provide us with your information at your own risk. 

You also have a significant role in protecting your information and must keep your user name and password private. We encourage you to use caution when using the Internet.

8. EXTERNAL LINKS

Our sites may contain links to other websites, including those of our partners or advertisers, that are not governed by this Privacy Policy. Please be aware that KIND is not responsible for the privacy practices or the content of other websites. We encourage you to read the privacy statements provided by other websites before you provide personally identifiable information to them.

9. UNITED STATES ONLY

KIND Sites are intended for United States residents only and are subject to the laws of the United States, which may not provide the same level of protections as those in your own country.  If you access the KIND Sites from outside of the United States, you understand and agree that we may transfer your information, including personal information, to the United States. KIND may also process, share, transfer and store information about our users with third parties on servers located in countries other than the United States. Your personal information may therefore be subject to privacy laws that are different from those in your country of residence. By using the KIND Sites, or by providing us with any information, you consent to the collection, processing, maintenance and transfer of such information to the United States and any other applicable territories.

10. CHANGES

KIND reserves the right to modify or supplement this policy at any time.  Any changes we may make to our Privacy Policy will be posted on this page. Please check back frequently to see any updates or changes to our Privacy Policy. If you do not agree or consent to these updates or changes, do not continue to use the KIND Sites. If we make a material change to this Privacy Policy, we will notify you as required by law. We will also post an updated copy on our website.

In addition to this Privacy Policy, there may be specific campaigns or promotions which will be governed by additional privacy terms or policies. We encourage you to read these additional terms or policies before participating in any such campaigns or promotions as you will be required to comply with them if you participate. Any additional privacy terms or policies will be made available to you.

11. CONTACT US

If you have any questions or concerns regarding this Privacy Policy, please contact us at:

Attn:  Customer Service
Address: 
P.O. Box 705, Midtown Station, New York, NY 10018
Re: KIND Privacy Policy

Telephone:  1-855-884-KIND (1-855-884-5463) - Monday through Friday 8:30 AM-6:00 PM (Eastern Time)

E-Mail: customerservice@kindsnacks.com

Alternatively, please go to www.kindsnacks.com, and click on the contact us link.

Effective Date: March 12, 2019

Last Updated: December 31, 2019