# Privacy Policy **PRIVACY POLICY** **_Last Updated: March 16,_** **_2023_** Upside Foods, Inc., doing business as Upside Foods (“ **Upside Foods**”, also referred to herein as “ **we**”, “ **us**”, or “ **our**”), respects your privacy. This Privacy Policy (the “ **Privacy Policy**”) explains how Upside Foods collects, uses and shares information about you through our website (located at https://upsidefoods.com) or other online (together, the “ **Sites**”) and our electronic communications, including email messages, and our business operations and all associated services (all of the foregoing collectively, the “ **Services**”). **PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES.** **TABLE OF CONTENTS** 01. **INFORMATION WE COLLECT** 02. **HOW WE USE YOUR INFORMATION** 03. **HOW WE SHARE AND DISCLOSE YOUR INFORMATION** 04. **ONLINE ANALYTICS** 05. **PERSONALIZED ADVERTISING AND YOUR OPT-OUT CHOICES** 06. **ADDITIONAL MARKETING CHOICES YOU HAVE** 07. **DO-NOT-TRACK DISCLOSURE** 08. **HOW WE PROTECT YOUR INFORMATION** 09. **DATA RETENTION** 10. **LINKS TO EXTERNAL SITES AND SERVICES** 11. **NOTE TO PARENTS AND CHILDREN** 12. **SUPPLEMENTAL NOTICES** 13. **CHANGES TO THIS PRIVACY POLICY** 14. **HOW TO CONTACT US** ### **1. INFORMATION WE COLLECT** We collect information in multiple ways, including (a) information you provide directly to us; (b) information that is automatically collected from you when you navigate our Sites and use our Services, such as from your browser or device; (c) information we collect from third parties, and (d) information we collect from social media and other content platforms. We may combine all of the information we collect about you from these various sources. Information you provide to us. You may provide information directly to us, in various ways. For example: - **Sign up and profile information.** When you sign up for our mailing list or click “Contact Us” on our website, you provide us with information, which may include your name, email address, physical address, and phone number and any other information that you choose to provide us. - **Feedback and information in your communications.** We may collect information when you give feedback, make requests, submit questions to us or otherwise contact us via the Services, by email, chat or phone, or on social media channels. We may also record comments and opinions you express when responding to surveys, entering a sweepstakes or taking part in promotions we run. - **Dietary Preferences.** We may collect information about your dietary preferences and restrictions, including in connection with any tastings you may attend. - **Applicant Information.** We may collect information about you when you apply for a job through our Services, such as name, email, phone number, resume, LinkedIn profile and work authorization information. You also have the option to disclose certain self-identification information such as, gender, race, veteran status and disability status. #### Information we collect through automated means - **Device and usage information.** We may collect certain information that is automatically generated by the computer, browser or device (including mobile devices or tablets) that you use to access or navigate our Services. As further described below, we may collect, combine and analyze information such as: (i) IP address, unique device identifiers including mobile ad IDs, IMEI and TCP/IP address (if we ever offer a mobile application), and other information about your computer or device(s), browser types, browser language, operating system and/or mobile device carrier information; (ii) location information (with your permission) and (iii) information related to the ways in which you interact with the Services, such as: referring and exit web pages and URLs, platform type, the number of clicks, domain names, landing pages and interactions with our app, pages and content viewed and the order of those pages, statistical information about your visit to the Services, the frequency of your visit to the Services, error logs, and other similar information. As further described below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information. - **Cookies and other tracking technologies.** We also collect information about your visit(s) and use of the Services through the use of Internet server logs and online tracking technologies, like cookies. A cookie is a standard software feature that is placed on your computer or other Internet-connected device when you visit a website and assigns you a unique, random number. The cookie identifies the computer or device that you use to visit a Site and enables us (or our service providers) to: (i) recognize your computer; (ii) store your preferences and settings; (iii) understand the web pages of the Sites you have visited; (iv) enhance your user experience; (v) perform searches and analytics; and (vi) assist with security administration functions. #### We also may use tracking pixels, which are tiny electronic tags embedded in websites, online ads, and/or email, and that are designed to access cookies and provide usage information. We may include web beacons in email messages and other electronic communications to determine whether the message has been opened and for other analytics. ### **2. HOW WE USE YOUR INFORMATION** We may use your information for various purposes, depending on the type of information we have collected from and about you and the specific Services you use: - To communicate with you about our company and related news or notifications; - To respond to your questions or inquiries; - To manage and remember your preferences and customize the Services; - To analyze and improve the Services or any other products and services we provide; - To administer surveys, promotions, sweepstakes and contests; - To verify your identity; - To advertise and market our Services to you; - To engage in analysis, research and reports regarding the use of our Services; - To comply with the law and protect the safety, rights, property or security of Upside Foods, our users, employees, third parties, members of the public and/or our Services; - To prevent fraud and enforce our legal terms; and - For any other purpose with your consent. ### **3. HOW WE SHARE AND DISCLOSE YOUR INFORMATION** We may disclose and/or share your information under the following circumstances: - **Service Providers and Vendors.** We disclose your information to third parties who perform services on our behalf, including marketing and advertising, data analysis, customer support, security and tech support, web hosting, and legal services. - **Legal Compliance and Protection.** We may disclose your information if required to do so by law or on a good faith belief that such disclosure is permitted by this Privacy Policy. - **Business Transfers.** We may disclose your information in the event that we undergo organizational restructuring, or an acquisition by another entity. - **Affiliated or Associated Companies.** We may share information we collect with our affiliated or associated entities. - **Advertising, Marketing and Promotions Providers.** We share information with third parties in connection with co-marketing activities, the development of customized and targeted marketing campaigns. - **Consent.** We may disclose your information to any third parties based on your consent to do so. ### **4. ONLINE ANALYTICS** We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze the information discussed above, and to engage in auditing, research, or reporting. To learn more about Google’s privacy practices, please review the Google Privacy Policy. ### **5. PERSONALIZED ADVERTISING AND YOUR OPT-OUT CHOICES** We may allow third parties to deliver relevant content and ads on the Services, and on other websites you visit and applications you use, sometimes known as “personalized” or “interest-based” advertising. Upside Foods may use cookies, web beacons, pixel tags and similar technologies to collect information about your interactions on our Services and elsewhere on the internet. ### **6. ADDITIONAL MARKETING CHOICES YOU HAVE** You have certain choices about how we use your information. You can opt-out of or unsubscribe from our promotional emails. ### **7. DO-NOT-TRACK DISCLOSURE** Upside Foods is committed to providing you with meaningful choices about the information collected on our Services for third-party purposes. However, our Sites do not recognize or respond to browser-initiated Do-Not-Track signals. ### **8. HOW WE PROTECT YOUR INFORMATION** We take measures to protect your information against accidental or unlawful destruction or unauthorized access. However, no method of transmission over the internet is absolutely secure. ### **9. DATA RETENTION** We will hold your information for as long as necessary to fulfill the purposes set forth in this Privacy Policy or as long as we are legally required or permitted to do so. ### **10. LINKS TO EXTERNAL SITES AND SERVICES** Our Services may include links to third-party websites, applications, and services. We encourage you to review the privacy and security policies of these third parties. ### **11. NOTE TO PARENTS AND CHILDREN** The Services are not intended for minors and children under the age of 13, and we do not knowingly collect any personal information from them. ### **12. SUPPLEMENTAL NOTICES** - **International Users:** Upside Foods is based in the United States. - **California Privacy Rights:** We do not share your personal information with third parties for their own direct marketing purposes. - **Nevada Residents:** You may submit a request to opt out of any potential future sales under Nevada law. ### **13. CHANGES TO THIS PRIVACY POLICY** We may update this Privacy Policy from time to time to reflect changes in law or our data collection practices. ### **14. HOW TO CONTACT US** If you have any requests, questions, comments, or concerns regarding our Privacy Policy or privacy practices, please contact us at legal@upsidefoods.com.