Privacy Policy

Privacy policy

Else Nutrition Holdings Inc.

Last Updated: October 30, 2022

Else Nutrition Holdings Inc. (“Else”, “we”, “us”, “our” and terms of similar meaning) take your privacy rights very seriously. We are committed to transparently describing our privacy practices, including how we collect, store, use and disclose (a) any information that can be used, alone or together with other data, to uniquely identify you or any other living human being and any information deemed as Personally Identifiable Information by privacy laws (“Information”); and (b) data we obtain from your activity on the Services (as defined below) (“Data”) as part of providing the Else website (https://www.elsenutrition.com/) (the “Services”).

We encourage you to read and understand our Terms of Use (“Terms”) and this privacy policy (“Privacy Policy”) carefully, so you can fully understand our practices in relation to Information and Data (including collection, use and disclosure of your Information and Data) before using the Services and Site. This Privacy Policy is incorporated into and subject to our Terms.

Please note that this is a master privacy policy and some of its provisions only apply to individuals in certain jurisdictions. For example, the legal basis set out below is only relevant for GDPR-protected individuals and the "Do Not Sell My Personal Information" mechanisms below are only relevant for CCPA-protected individuals. “GDPR” means the EU General Data Protection Regulation, and “CCPA” means the California Consumer Privacy Act.

Important note: Nothing in this Privacy Policy is intended to limit in any way your statutory right, including your rights to a remedy or means of enforcement.

All capitalized terms that are not otherwise defined herein obtain their meaning from the Terms.

1. What Information Do We Collect?

• Our primary purpose in collecting Information and Data from you voluntarily is to provide you with safe, smooth, secure, and customized experiences when using the Services. We will only ask for and collect Information and Data that we consider necessary to ensure a positive and safe experience.

• Information and Data. As you register to, and/or make use the Services, you can, or may be required, from time to time enter or send to us Information, which includes, without limitation your: full legal name, position/title, phone number, address, position/title, specialty, plant based product usage, associated company, National Provider Identifier (NPI) number, product preferences, email address and address, and/or information about Your organization, including without limitation: the company address, specialty, website, plant based usage/recommendation, and associated contact information.

• Information and Data Collected Automatically.

We use log files. We use such information to analyze trends, administer the Website, track users’ movement around the Services, and gather demographic information.

• When you use the Services, Else automatically receives and records Data from your device, including, but not limited to your IP address, operating Data, device Data, other Application IDs, cookies, and the page you requested. Unless otherwise stated in this Privacy Policy, ELSE only uses this Data in aggregate form.

• “Cookies” and similar technologies are small files placed on your computer and devices that assist us in providing our Services. We and our third-party service providers use cookies and similar technologies to provide and personalize the Service, analyze use, target advertisements and prevent fraud. You can disable cookies in your browser settings, however, if you do so, some parts of the Service may not function properly.
• Google Analytics. The Services use a tool called “Google Analytics” to collect information about use of our website as part of the Services. Google Analytics collects information such as how often users visit our website as part of the Services, what pages they visit when they do so, and what other websites they used prior to coming to this our website as part of the Services. We use the information we get from Google Analytics to maintain and improve the Services and our products. We do not combine the information collected through the use of Google Analytics with personal information. Google’s ability to use and share information collected by Google Analytics about your visits to our website as part of the Services is restricted by the Google Analytics Terms of Service, available at http://www.google.com/analytics/terms/us.html/, and the Google Privacy Policy, available at http://www.google.com/policies/privacy/. You may learn more about how Google collects and processes data specifically in connection with Google Analytics at http://www.google.com/policies/privacy/partners/. You may prevent your data from being used by Google Analytics by downloading and installing the Google Analytics Opt-out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout/.
• Consequences of not providing the Information or Data: please note that if you choose not to provide us with certain Information or Data set forth in this Privacy policy, we cannot do what that Information or Data is intended for.

• We use your personal Data as necessary for the performance of our Services; to comply with our legal and contractual obligations; and to support our legitimate interests in maintaining and improving our Services and offerings, e.g. in understanding how our Services are used and how our campaigns are performing, and gaining insights which help us dedicate our resources and efforts more efficiently;   in marketing, advertising and selling our Services; providing customer service and technical support;, and protecting and securing our customers, users, prospects and visitors, ourselves and our Services. In addition, we also use your consent for example before we place cookies on your browser or if we want to send you marketing materials.

2. How Do We Use Your Information and Data?

We use your Information and Data to provide to you the license for the Services; to provide you with the Services; communicate with you, either directly or through one of our partners, including for marketing and promotional purposes; to improve our marketing and promotional efforts; to advise of pricing and Services updates; facilitate transactions and payments (if and as applicable); resolve service disputes; troubleshoot problems; to analyze usage of our Services and support the Services; to improve our content and product offerings; deliver information to you that, in some cases, is relevant to your interests; customize your experience, the content, layout and services; detect and protect us against error, fraud and other criminal activity; enforce our Terms; provide you with system or administrative messages; and/or as otherwise described to you at the time of collection. These uses improve the Services and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using the Services.

3. Our Disclosure of Your Information and Data

• General Disclosure. We share your Information and Data with third-parties only in the ways that are described in this Privacy Policy and in accordance with your consent. We will not share, sell or rent your Information or Data to third parties without your explicit consent.

• Anonymized Aggregated Data. We may or will aggregate and anonymize or de-identify your Data and use and disclose it for a variety of purposes, including analytics. However, in these situations, we do not disclose any Information. We may use such data which does not enable identification of an individual user and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).

• Subsidiaries, Affiliates & Service Providers. We use the services of subsidiaries, affiliates and third-party service providers (collectively, “Third-Parties”) in connection with our provision of the Services and Site, including, without limitation, for the processing of payments, marketing tools, off-premise data hosting and communication services. We disclose your Information and Data to the Third-Parties in the course of our use of their services. We share your Information and Data with Third Parties, such SalesForce, for the use of a CRM tool for customer and prospect relationship management. We take care to use Third-Parties that we believe are reputable and capable of performing the services we require of them, including, without limitation, the handling of confidential information and Information and Data and the compliance with all applicable laws. We are not responsible for the privacy practices or the content of such Third Parties. Please be aware that Third Parties can collect Information and/or Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third Party.

• Laws and Jurisdictions. Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose your Information and Data if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect our or any other person’s or entity’s rights or property.

• Sale of Business. We may disclose Information and Data to the acquiror or its agents in the course of the sale of our business. If we do this, the disclosure will be subject to confidentiality arrangements customary in such transactions.

• Storing and Processing Your Information and Data. In some cases, Information and Data that we collect is stored with third party service providers in the United States such as Klaviyo, Shopify and Zendesk, and may be stored or processed outside of the jurisdiction it is received. When that occurs we continue to protect the Information and Data with appropriate safeguards and data export requirements, but it may be subject to the legal jurisdiction of those countries and governmental authorities in those countries.

• Access from Israel: Access from Israel is covered by the European Commission’s Adequacy Decision regarding Israel. You can read more here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.
• External transfers: Where we transfer your personal data outside of EU/EEA (for example to third parties who provide us with services), we will obtain contractual commitments from them to protect your personal data.

• Please note that some of the abovementioned Information and Data will be used for detecting, taking steps to prevent, and prosecution of fraud or other illegal activity, to identify and repair errors, to conduct audits, and for security purposes.

4. Communication Preferences

We will share your Data and Information where you have provided your consent to us sharing or transferring your Data and Information (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).You can always unsubscribe from our commercial and promotional emails, but we may still send you communications relating to your use of the Services and Site.

5. Information and Data Retention

• General Retention Policy.Your personal Data will be stored until we delete the record and we proactively delete it or you send a valid deletion request. Please note that in some circumstances we may store your personal Data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your Personal Data or dealings. Regarding retention of cookies, you can read more in our cookie policy [link to cookies policy]. We will periodically de-identify (a) Information from collected Data; and (b) unnecessary Information from Data collected elsewhere on and/or through the Services. Subject to the terms and conditions of this Privacy Policy, with the exception of aggregated Data, we may delete unused User Content and the Information and Data associated with it as prescribed by law.

• Termination of Access to Services.If your access to the Services is terminated, we may retain your Information and Data for a certain period of time and disclose it in a manner consistent with our practices under this Privacy Policy.

6. Your Information and Data Rights

In accordance with the applicable privacy laws, you shall have the following rights with respect to your Information and Data:

• Right of Access and Portability. You may ask for an overview or copy of your Information and/or Data to be provided to you; and/or transferred to another organization.

• Right to Rectification. You may review your Information and delete and/or update it by contacting us, to ensure it is accurate and complete on the Services.

• Right to Erasure and Restriction. You may ask us to remove and/or restrict our processing of your Information and/or Data in certain circumstances. Notwithstanding the foregoing, despite such request, subject to all applicable laws and the terms and conditions of this Privacy Policy, we may still retain your Information and Data for legitimate business interests, to collect any fees owed (if and as applicable), resolve disputes, troubleshoot problems, analyze usage of the Services, assist with any investigations, prevent fraud, enforce our Terms and/or take other actions as required or permitted by law.

• Right to Withdraw Consent.Where we have asked for your consent to use and/or process your Information and Data, you can withdraw this consent at any time. We will do our best to accommodate your request, subject to applicable laws and the terms and conditions of this Privacy Policy.

The following rights (which may be subject to certain exemptions or derogations) shall apply to certain individuals (some of which only apply to individuals protected by the GDPR):

• You have a right to access personal Information or Data held about you. Your right of access may normally be exercised free of charge, however we reserve the right to charge an appropriate administrative fee where permitted by applicable law;
• You have the right to request that we rectify any personal Information or Data we hold that is inaccurate or misleading;
• You have the right to request the erasure/deletion of your personal Information or Data (e.g. from our records). Please note that there may be circumstances in which we are required to retain your personal Information or Data a, for example for the establishment, exercise or defense of legal claims;
• You have the right to object, to or to request restriction, of the processing;
• You have the right to data portability. This means that you may have the right to receive your personal Information or Data in a structured, commonly used and machine-readable format, and that you have the right to transmit that data to another controller;
• You have the right to object to profiling;
• You have the right to withdraw your consent at any time. Please note that there may be circumstances in which we are entitled to continue processing your data, in particular if the processing is required to meet our legal and regulatory obligations. Also, please note that the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
• You also have a right to request certain details of the basis on which your personal Information or Data ta is transferred outside the European Economic Area, but data transfer agreements and/or other details may need to be partially redacted for reasons of commercial confidentiality;
• You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence. We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution.

The following rights (which may be subject to certain exemptions or derogations) shall apply to individuals protected by the CCPA:

• You have the right to know what personal Information is being collected about you, this include the right to request that we disclose what personal Information of yours we collect, use, disclose, and sell;
• You have the right to request the erasure/deletion of your personal Information (e.g. from our records and the records of our service providers). Please note that there may be circumstances in which we are required to retain your personal Information, for example for the establishment, exercise or defense of legal claims;
• You have the right to know whether your personal Information is sold or disclosed and to whom;
• You have the right to restriction of, or object to, processing of your personal Information, including the right to opt in or opt out of sale of your personal Information to third parties, if applicable, where such requests are permitted by law;
• You have the right not to receive discriminatory treatment for the exercise of the privacy rights conferred by the CCPA;
• You have a right to lodge a complaint with your local data protection supervisory authority (i.e., your place of habitual residence, place or work or place of alleged infringement) at any time or before the relevant institutions in your place of residence (e.g. the Attorney General in your State). We ask that you please attempt to resolve any issues with us before you contact your local supervisory authority and/or relevant institution. You have certain choices about your Personal Information. Where you have consented to the processing of your Personal Information, you may withdraw that consent at any time and prevent further processing by contacting us as described in this Privacy Policy. Even if you opt out, we may still collect and use non-Personal Information regarding your activities on our services and for other legal purposes as described above. While we cannot guarantee privacy perfection, we will address any requests to the best of our ability as soon as possible. We will process such requests in accordance with applicable laws.

Please contact us at info@elsenutrition.com, or, if you are an individual protected by CCPA, you can make your requests via our toll-free telephone number: 1-888-879-3573 if you would like to exercise any of the above rights. To protect your privacy, we may take steps to verify your identity before fulfilling your request.

Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfil your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initial requested, we will address your request to the maximum extent possible, all in accordance with applicable law.

7. Children’s Privacy

The Services are not intended for children under the age of eighteen (18). Else does not target its Services to children under the age of eighteen (18). Else does not intentionally or knowingly collect Information and Data from children under the age of eighteen (18) and does not knowingly allow such persons to use the Services without involvement of a parent or a guardian. For the purposes of the GDPR, we do not intend to offer information society services directly to children. In the event that we become aware that you provide personal Information in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at info@elsenutrition.com.

8. Security

We strive to protect your Information and Data by putting in place a range of technical and organizational measures to safeguard and secure the Information and Data we receive from you, including without limitation, security technologies. We are continuously utilizing security measures to protect your Information and Data from unauthorized access or against loss, misuse or alteration. We have implemented appropriate technical, organizational and security measures designed to protect your Information and Data. However, despite our efforts, we cannot guarantee the security of your Information and Data. Unauthorized entry or use, hardware or Services failure and other factors, may compromise the security of your Information and Data at any time. As the security of information depends in part on the security of the computer, device or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information

9. Changes to This Privacy Policy

Else may amend this Privacy Policy from time to time. The use of Information and Data we collect is subject to the Privacy Policy in effect at the time the Information or Data is used, and therefore, we ask you to check back periodically for the latest version of this Privacy Policy. If we make any material changes in the way we use your Information or Data, we will notify you by (a) posting a notice on the Site or elsewhere on the Services; or (b) e-mailing you at your e-mail address associated with your User Content (if any). Users of the Services are bound by any changes to the Privacy Policy when they use the Services after such changes have been first posted.

10. Questions?

It is our goal to make our privacy practices easy to understand. If you have questions, concerns, or complaints regarding our compliance with this Privacy Policy and the data protection laws, or if you wish to exercise your rights, we encourage you to first contact us at info@elsenutrition.com.

• DPO: Marck@elsenutrition.com

11. Text Marketing & Notifications

By entering your phone number in the checkout and initialising a purchase or by subscribing via our subscription form or by texting a keyword in order to receive a personalized code and a discount coupon, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed 20 a month. You acknowledge that consent is not a condition for any purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.
For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.

In order to provide our users with the text messaging functionality, including the option to text us with a key word and receive a personalized code and a discount coupon, we use the services of a third party service provider, Attentive Mobile Inc. (“Attentive”). In order to provide us with the text messaging service, Attentive will collect Data on our behalf in accordance with the terms of this Privacy Policy.  

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