Privacy Notice

Any personal data provided to or collected by Vital Brands Inc. is controlled by Vital Brands Inc., a corporation registered in the State of Delaware, United States.

This Privacy Notice applies to personal data collected by Vital Brands Inc. in connection with the products, services, and experiences we offer, whether online or offline. References to “Vital Brands Inc.” in this Notice include Vital Brands Inc. and any subsidiaries, affiliates, or related entities you may interact with or have a business relationship with.

You can find more information about Vital Brands Inc. at: [www.vitalbrandsinc.com] 

This Privacy Notice also applies to Vital Brands Inc.’s marketing communications, including offers, advertisements, and promotional content related to our products and services. These communications may be delivered by Vital Brands Inc. or by authorized service providers on our behalf via third-party websites, social media platforms, or mobile applications based on your interaction with our sites.

Please note that these third-party websites and platforms generally have their own privacy policies and terms of service. We recommend that you review those policies before using such platforms, as we are not responsible for their privacy practices.

At Vital Brands Inc., we define personal data as any information that can be used—directly or indirectly—to identify an individual. We take your privacy seriously and want you to understand what types of personal data we collect, how we collect it, and why we collect it.

You are not required to provide Vital Brands Inc. with personal data when we request it. However, if you choose not to do so, we may not be able to provide you with our products or services, maintain a high standard of service, or respond to your inquiries.

We collect personal data from a variety of sources, including:

1. Personal Data You Provide to Us Directly

We collect personal data when you voluntarily provide it to us. This includes instances such as:

• Signing up for newsletters or marketing communications
• Participating in surveys, contests, or promotional campaigns
• Registering for an account to purchase our products
• Engaging with our customer service teams

The types of personal data you may provide include:

• Name
• Gender
• Date of birth
• Mailing address
• Email address
• Telephone number
• Payment information (credit or debit card details)

In limited circumstances and only with your explicit consent, we may also collect special categories of personal data(for example, information about your health, allergies, or other sensitive data) to personalize your experience or provide you with tailored product recommendations.

2. Personal Data We Collect Automatically

When you interact with Vital Brands Inc. online, we automatically collect certain personal data using cookies, tracking technologies, and analytics tools. This may include:

• IP address
• Device ID
• Geographic location data
• Browser type and version
• Operating system and device settings
• Browsing behavior on our websites (such as pages viewed, time spent on site, click behavior)
• Purchase history and transaction information

We may also use software tools to measure and collect session information such as page response times, download errors, visit duration, and navigation patterns. This data helps us improve site performance, detect fraud, and enhance your overall experience.

3. Personal Data We Collect from Other Sources

We may receive personal data about you from other sources, including:

• Business partners and affiliates
• Social media platforms when you interact with our pages (e.g., Facebook “likes” or Google reviews)
• Third-party data providers offering demographic insights or market research
• Joint promotional partners with whom we offer products or services

We may also collect information on how you interact with our advertising on third-party sites to help us measure the effectiveness and relevance of our campaigns.

When and Why We Collect “Special Categories” of Personal Data

In rare cases, we may collect information considered “special categories of personal data” under applicable data protection laws. This includes details about your:

• Health (such as allergies, dietary needs, pregnancy, or skin conditions)
• Ethnicity or religious beliefs (where they may be inferred from product preferences)
• Biometric or genetic data

We only collect and process this type of sensitive data:

• With your explicit consent; and
• For limited, specific purposes such as offering tailored product recommendations, promotions, or advertising relevant to your needs.

For example, if you inform us of a specific skin sensitivity, we may use that information to ensure that we only promote products suitable for your skin type.

We are committed to minimizing the collection of sensitive personal data and ensuring that any such data is handled with enhanced protections in compliance with applicable laws.

Vital Brands Inc.

At Vital Brands Inc., we recognize the importance of taking extra precautions to protect the privacy and safety of children who may use our products, services, or websites.

Most of our websites and digital services are designed for and intended to be used by adults. Where any of our websites or online services are intended for use by a younger audience, we comply with applicable laws and regulations by obtaining consent from a parent or legal guardian before collecting personal data from children (the specific age at which parental consent is required varies by country).

If you are a child under the age requiring parental consent in your country, we ask that you review this Privacy Notice with your parent or guardian to ensure that you both understand and agree to its terms. We do not knowingly collect personal data from children without the necessary consent. If we discover that we have inadvertently collected personal data from a child without appropriate consent, we will delete that information promptly.

Certain areas of our websites, as well as eligibility for specific offers, promotions, contests, or product samples, may be restricted to users over a specified age. We may use personal data to perform age verification checks where needed to enforce these restrictions and to ensure compliance with legal requirements.

What Purpose Do We Use Your Data For?

Vital Brands Inc.

At Vital Brands Inc., we collect, use, and disclose your personal data only for specific and legitimate purposes. We are committed to being transparent about how and why we use your information and to ensuring that your data is handled lawfully, fairly, and responsibly.

We collect and process your personal data for the following purposes:

• To process payments and fulfill orders: This includes managing your purchases, providing updates on order status, and handling returns, inquiries, or complaints.
• To respond to your inquiries and requests: We use your information to communicate with you and respond to your questions, concerns, or feedback.
• To develop and improve our products and services: We analyze the data we collect to improve the quality, design, and performance of our products, websites, and customer communications.
• To manage contests, sweepstakes, and promotions: We use your information to facilitate your participation in any promotions you choose to enter.
• To personalize communications and marketing: We use your data to send you newsletters, updates, special offers, and content tailored to your interests.
• To verify identity and maintain security: We may authenticate the identity of individuals contacting us to protect against fraud or unauthorized access.
• For internal training and quality assurance: We use data to ensure our customer service team provides high-quality support.
• To understand and assess consumer trends and preferences: We gather insights to refine our marketing, services, and product offerings.
• To provide personalized advertising and product recommendations: We tailor our content and advertising to your interests based on your preferences, behavior, and purchase history.

Legal Grounds for Processing Your Personal Data

We process your personal data under the following legal bases:

1. Consent: Where legally required, we will ask for your explicit consent to process your data (for example, for direct marketing or personalized advertising). You can withdraw your consent at any time.
2. Contract Performance: We process your data when it is necessary to fulfill a contract or agreement with you—such as processing an order or delivering a product you purchased.
3. Legal Obligation: In some instances, we may process your data to comply with legal obligations, including responding to lawful requests by public authorities or regulatory bodies (e.g., tax compliance, fraud detection, or anti-money laundering regulations).
4. Legitimate Interest: We may process your data where it is necessary for our legitimate business interests, provided this does not override your fundamental rights and freedoms. Examples include:
   • Conducting data analysis to improve products or services
   • Enhancing website functionality and user experience
   • Managing loyalty or promotional programs

Whenever we rely on legitimate interest, we conduct a careful assessment to ensure that our interests do not unfairly infringe on your privacy rights. You have the right to ask for further information about how we assess this balance.

Data Minimization and Transparency

We are committed to collecting only the minimum personal data necessary to fulfill the purposes outlined above and to notifying you of any additional uses of your data before or at the time of collection.

If we ever need to process your personal data for a purpose not covered in this Privacy Notice, we will seek your consent or inform you of the legal basis for doing so.

Profiling

Vital Brands Inc.

At Vital Brands Inc., we may use the personal data you provide to build profiles that help us better understand your preferences and deliver a more personalized experience. This involves analyzing information such as your browsing behavior, purchase history, and interactions with our communications, as well as segmenting users into groups with similar characteristics or interests.

These profiles allow us to:

• Personalize the content you see when you visit our website or receive our newsletters
• Show you relevant offers and advertisements across our digital platforms and third-party websites
• Tailor product recommendations and promotional materials to match your interests

We only use profiling where you have provided consent, such as by accepting cookies or signing up for our marketing communications. You can withdraw your consent at any time by adjusting your cookie preferences or unsubscribing from our emails.

Examples of Profiling Activities:
With your consent, we may collect data from:

• Your browsing behavior on our websites, including pages viewed and content interactions
• Digital advertisements you view or interact with on social media or other platforms
• Online forms and surveys where you provide information about your interests
• Purchase behavior following clicks on our advertising or promotions

We may also combine this information with data you have consented to share with selected third-party partners (such as demographic details, lifestyle preferences, or interests) to create audience segments. This helps us identify individuals with similar interests who may benefit from our products or services.

In some cases, we may use a common identifier (such as an email address, hashed data, or device ID) to recognize you across different devices or platforms and to serve you more relevant advertising. Our advertising partners also use this information for reporting, analytics, and market research purposes.

Automated Decision-Making

Vital Brands Inc.

In certain situations, Vital Brands Inc. may use automated decision-making processes, where decisions are made solely by technological means without human involvement. These automated decisions help us operate efficiently and consistently in areas such as fraud prevention, order processing, and certain marketing activities.

We will not use automated decision-making in ways that produce legal effects or significantly affect you without informing you and providing clear information about the decision, the lawful basis for using automation, and your rights.

For example, we may use automated tools to:

• Detect unusual purchasing patterns that help protect against fraud
• Analyze consumer preferences to personalize marketing offers or content
• Streamline certain internal processes to improve efficiency

Where we use automated decision-making that may significantly impact you, you have the right to:

• Request human intervention
• Express your viewpoint
• Obtain an explanation of the decision
• Challenge the decision

We only carry out such automated processing where it is necessary to perform a contract with you, where we have your explicit consent, or where required by law.

Artificial Intelligence (AI) Experiences

Vital Brands Inc.

From time to time, Vital Brands Inc. may offer Artificial Intelligence (AI)-powered applications or experiences designed to enhance your interaction with our products and services. These AI experiences may include, for example, chatbots, virtual consultation tools, or interactive product recommendation features.

When using AI-powered chatbots or other tools, unless it is clear from the context, we will ensure you understand that you are interacting with an AI system rather than a human representative.

Some of these AI experiences may allow you to submit text, images, or other inputs (“Prompts”) that generate AI responses (“Outputs”). While many of these experiences do not require you to include personal data in your Prompts, if you choose to do so, we may collect and process that information. In some cases, the information you submit may be reproduced in the AI’s Outputs.

We may also de-identify Prompts and Outputs and retain them for purposes such as:

• Analytics and service improvement
• Ensuring safety, quality, and fairness of the AI experience
• Monitoring and compliance with our usage policies

Any personal data you provide when using these AI experiences will be processed in accordance with this Privacy Notice, along with any additional terms or notices provided at the time you engage with the AI application.

In limited cases, we may share your personal data with carefully selected third-party AI service providers, but only for the purpose of delivering and maintaining the AI experience for you. These providers are contractually required to handle your data securely and in compliance with applicable data protection laws.

Vital Brands Inc.

As a growing global business, Vital Brands Inc. may share your personal data internally within our group of companies as well as with selected third parties. We do this to provide you with the best possible experience, to meet our legal obligations, and to continuously improve our products and services. Below are the circumstances in which your personal data may be shared:

1. Third-Party Service Providers

We share your personal data with trusted third-party service providers who perform services on our behalf. These providers support a variety of business functions, including but not limited to:

• Website hosting and management
• Payment processing
• Data analysis and reporting
• Customer service and support
• Delivery and logistics services
• Marketing and promotional campaign management

These service providers are granted access only to the personal data necessary to perform their specific tasks and are not permitted to use it for any other purpose. They are required to process your data in accordance with this Privacy Notice and in compliance with applicable data protection laws.

2. Other Third Parties

We may also share your personal data with select third parties such as:

• Retail partners, sponsors, and advertisers
• Advertising networks, social media platforms, and analytics providers
• Companies involved in marketing, promotional activities, and audience targeting
• Data enrichment providers who help us enhance the information we hold for better personalization and advertising

We only work with third parties who are contractually obligated to safeguard your data and use it solely for agreed-upon purposes.

3. Business Transfers

In the course of business development, we may sell or acquire businesses, assets, or subsidiaries. In such transactions, your personal data may be one of the transferred assets. We will continue to protect your personal data in line with this Privacy Notice, and, where required, we will inform you of any significant changes.

If Vital Brands Inc. or substantially all of its assets are acquired by another entity, or if we undergo a merger, acquisition, bankruptcy, or reorganization, your personal data may be shared with or transferred to the new owners as part of that process.

4. Legal Obligations and Disclosure

We may disclose your personal data when required to do so by law or in response to:

• Legal obligations or regulatory requirements
• Government or law enforcement requests
• Fraud prevention, security, and technical vulnerability investigations
• Protection of the rights, property, or safety of Vital Brands Inc., our users, or the public
• Emergency situations where disclosure is necessary to prevent harm

5. International Data Transfers

As part of a global business, Vital Brands Inc. may transfer your personal data to countries outside your own jurisdiction, including countries that may not have the same level of data protection laws as your home country.

We only transfer personal data across borders when necessary and ensure that appropriate safeguards are in place, including:

• Ensuring the receiving country has privacy laws offering adequate protection
• Implementing data transfer agreements that require the recipient to safeguard your data in accordance with this Privacy Notice and applicable legal standards
• Applying approved data protection frameworks (e.g., Standard Contractual Clauses)

We will always take necessary steps to ensure your personal data remains secure and is used only for legitimate business purposes.

Vital Brands Inc. takes the protection and security of your personal data extremely seriously. We are committed to safeguarding your information from misuse, interference, loss, unauthorized access, modification, or disclosure.

To help ensure this, we implement a range of robust security measures, including:

• Restricting access to your personal data strictly to those employees, agents, or service providers who need it to perform their duties, and who are bound by strict confidentiality obligations.
• Investing in advanced information security systems to protect the IT environments we rely on.
• Applying technical safeguards such as encryption, pseudonymization, and anonymization where appropriate.
• Regularly monitoring and testing our systems to ensure the ongoing security of your data.

Your personal data is treated with the utmost care and is processed in accordance with applicable data protection laws.

We retain your personal data only for as long as necessary for the purposes for which it was collected, or as required by law.

For example:

• If you make a purchase through our website, we will retain your data for the duration needed to complete your order, manage any returns, and respond to any inquiries or complaints.
• After fulfilling these immediate business needs, we may retain your data for a period of time that allows us to comply with legal requirements, enforce our terms, or improve your future customer experience (such as loyalty rewards).
• For marketing and targeting purposes, we only keep identifiable data for the minimum time necessary, after which we anonymize or securely delete it.

We conduct regular reviews of the personal data we hold and take appropriate action to securely delete or anonymize data that is no longer needed for legal, business, or customer relationship purposes.

Under applicable privacy laws, you have a number of rights concerning your personal data. Vital Brands Inc. is committed to making it easy for you to exercise these rights. You can contact us at any time via the “Contact Us” form on our website to exercise any of the following rights:

1. Right to Be Informed

You have the right to receive clear, transparent information about how we use your personal data and your rights. This Privacy Notice is designed to provide that information.

2. Right to Access and Rectification

You have the right to access the personal data we hold about you and to correct or update any inaccuracies.

3. Right to Data Portability

Where technically feasible, you have the right to request that your personal data be provided to you in a structured, commonly used, and machine-readable format so that it can be transferred to another party.

4. Right to Erasure (Right to Be Forgotten)

In certain circumstances, you have the right to request that we delete your personal data. If we no longer need your information for business, legal, or regulatory reasons, we will securely delete or anonymize it.

5. Right to Restrict Processing

You have the right to request that we restrict or limit the processing of your personal data in certain circumstances.

6. Right to Object

You have the right to object to our processing of your personal data where we rely on legitimate interests as the legal basis, including for direct marketing purposes.

7. Right to Lodge a Complaint

If you have concerns about how we handle your personal data, you have the right to lodge a complaint with your local data protection authority or regulatory body.

8. Right to Withdraw Consent

If you have provided your consent for any specific data processing, you can withdraw your consent at any time. Please note that withdrawing consent will not affect the lawfulness of any processing based on your consent prior to withdrawal.

9. Rights Related to Automated Decision-Making and Profiling

You have the right not to be subject to decisions based solely on automated processing, including profiling, that significantly affects you. You have the right to:

• Request human intervention;
• Express your point of view;
• Obtain an explanation of the decision; and
• Challenge the decision.

For more information about your rights or to exercise them, please contact us using the contact details provided on our website.

If you have any questions, concerns, or requests regarding Vital Brands Inc.’s Privacy Notice or how we handle your personal data, you can contact us directly by email or in writing at the details below:

Vital Brands Inc.
363 N Sam Houston Parkway E, Suite 125
Houston, Texas 77060, USA
Email: privacy@vitalbrands.com

Alternatively, you can submit a request through the “Contact Us” form available on our websites.

If you believe that we have not adequately addressed your concern or that your data privacy rights have been infringed, you also have the right to lodge a complaint with your local data protection authority.

We may update this Privacy Notice from time to time to reflect changes in our business operations, customer feedback, or legal and regulatory developments.

When we make changes:

• The “Last Updated” date at the top of this Notice will be revised.
• If the changes are significant, we will provide a more prominent notice, which may include direct communication by email or prominent placement on our website.
• We will retain prior versions of this Privacy Notice for your reference.

We are committed to not reducing your rights under this Privacy Notice without your express consent.