Privacy Policy

Last updated: November 29, 2023

Our Commitment To Privacy

Protecting your privacy is very important to us. This privacy statement (the “Policy”) is based on our respect for our Users’ privacy and explains our online information practice and choices you can make about the way your personal information is collected and used.  For your convenience, we make this statement available on our homepage and at every point where personally identifiable information (your “information” or “personal information”) may be requested.

This policy applies to any information that we collect on the website (the “Site”), including any information in emails, posts, texts and other electronic messages between you and NuGo Nutrition (“we,” “our,” “us,” “NuGo”).

This Policy is subject to our Terms and Conditions.  We may update this Policy from time to time, as specified in the "Changes in Policy" section below.

If you are a California resident, please also see our Additional Information For California Consumers section in this Policy below.

 

The Information We Collect

There may be features of the NuGo site (such as making a purchase) 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, purchase products or services, fill out a survey, 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 Information. For example, we may collect your name, mailing address, telephone number and email address. We may also collect your mobile phone number.
  • Payment Information. For example, our payment processor may collect credit card information for billing and transactional purposes in connection with providing you our products and Services. We use PayPal as a payment processor. For more information on PayPal's privacy practices, please visit https://www.paypal.com/us/webapps/mpp/ua/privacy-full  . We use Shopify Payments as a payment processor.  For more information on Shopify Payment’s privacy practices, please visit https://www.shopify.com/legal/privacy.
  • Information You Post. We may collect information you post in a public space on our Platform, such as when you submit a customer review.
  • Social Media Information. We may collect information you post on our social media pages. We may also collect your social media profile information and information posted on your page.
  • Information You Submit. We may collect information when you send us a message through the “Contact Us” page or similar features on our Site. It may also include photos, videos and other user-generated content that you submit.
  • Demographic Information. We may collect your birthdate, age, gender and zip code. We may also collect information that could identify you and relates to your hobbies, interests and shopping behavior.
  • Device Information. For example, we may collect the type of device you use to access our Site.
  • Location Information. For example, we may collect precise location information from your device. This may include information about your exact location when you use our Site.
  • Automatically Collected Information.  For example, we automatically collect certain information from you, such as the type of web browser and operating system you use, the name of your Internet Service Provider, Internet Protocol (“IP”) address, software version, geolocation information and the domain name from which you accessed our Sites. In addition, we may collect information about your browsing behavior, such as the date and time you visit our Sites, the areas or pages of our Sites that you visit, the amount of time you spend viewing or using our Sites, the number of times you return to our Sites, other click-stream or site usage data, emails or ads that you open, forward or click-through to our Sites.

You may decide to provide us with another person's email or phone number (“Third-Party Data”) 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 NuGo, who may use that information in accordance with the terms of this Privacy Policy. You acknowledge, represent, and agree (a) that you have the authority of the relevant other party for us to access and use the relevant Third-Party Data, and (b) that you have notified these other parties and informed them how their information will be used by us.  We reserve the right to identify you as the person who has made the request in any messages that are sent to other parties.

 

Automatically Collected Information

Cookies & Web Beacons. When you use our Site, we store “cookies”, which are strings of code, on your computer. We use those cookies to collect anonymized and/or information, including but not limited to IP Address, location information, and browser type, about when you visit our Site, your browser, your operating system, and other similar information. Most browsers allow you to block and delete cookies. However, if you block our cookies, our Site may not work properly.  We or our third-party partners may also employ web beacons, also known as pixel tags or clear GIF, to track online user movement to help us better understand what content is effective. Web beacons are tiny graphics with a unique identifier that are embedded in websites and in newsletter emails. With web beacons, our third-party partners may collect information about you, such as your IP address, your browser or email client type, and other similar details. We use the data from our third-party partners to improve our Site and our related products and services.

  • Microsoft Clarity Heat Maps & Recordings. We utilize a heatmapping and session recording tool provided by a third-party vendor, Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our Site through behavioral metrics, heatmaps, and session replay to improve and market our products and services. Websites usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products and services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit https://privacy.microsoft.com/en-US/privacystatement.
  • Meta Pixel. We use Meta Pixel Tags to better measure, optimize, and retarget our marketing campaigns. This allows user specific behavior to be tracked after they have been redirected to the advertiser’s website by clicking on a Facebook ad. This enables us to measure the effectiveness of Facebook ads for statistical and market research purposes. The data collected in this way is anonymous to us, in other words, we do not see the information of individual users. This data is stored and processed by Facebook. Facebook may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Usage Policy https://www.facebook.com/about/privacy/. For more information on opt-out options, please visit: https://www.facebook.com/help/568137493302217.
  • Google Analytics. Visitors to our Site may be tracked using Google Analytics. The information collected by Google Analytics is primarily used to optimize our Site for users; however, we may also use this data for marketing purposes. The information we automatically collect using Google Analytics is shared with Google. For more information on Google’s Privacy Policies, visit: https://policies.google.com/privacy. You can also opt-out of having your information used by Google Analytics by following the instructions located at https://tools.google.com/dlpage/gaoptout/. Google Analytics may collect the following types of data from users of our Site:
- Type of web browser used, software manufacture and version number.
- Type of operating system
- Color processing ability of the users screen
- JavaScript support
- Flash version
- Screen resolution
- Network location and IP address
- Country, city, state, region, county, or any other geographic data
- Hostname
- Bandwidth (internet connection speed)
- Time of visit
- Pages visited
- Time spent on each page of our Site
- Referring site statistics
- The website the user came through in order to arrive at our Site
- Search engine query used

    We also use Google Analytics for Display and Search Advertising and, specifically, Google Analytics Demographics and Interest Reporting, on our Site to help display advertising for products or services that we think may be of interest to you. We will use demographic information collected through our use of Google Analytics Demographics and Interest Reporting for purposes of performing internal statistical analytics relating to our Site. You can opt-out of receiving interest-based advertisements through our Site, as well as customize the types of advertisements that will be displayed to you through our Site, by following the instructions located at https://support.google.com/ads.

    • Hotjar & Heap Analytics. We use Hotjar and Heap Analytics in order to better understand our users' needs and to optimize this service and experience. The technology we may use helps us better understand our users' experience (e.g. how much time they spend on which pages, which links they choose to click, what users do and don't like, etc.) and this enables us to build and maintain our service with user feedback. These services may use cookies and other technologies to collect data on our users' behavior and their devices. This includes a device's IP address (processed during your session and stored in a de-identified form), device screen size, device type (unique device identifiers), browser information, geographic location (country only), and the preferred language used to display our Site. The vendor may store this information on our behalf in a pseudonymized user profile.  For further details, please see the 'about Hotjar' section of Hotjar's support site and do not track.  For further details on Heap, please visist: https://www.heap.io/privacy
    • We use YouTube to embed videos on pages of our Site.  YouTube will set cookies when you interact with content hosted by YouTube. These cookies automatically collect certain information (such as your IP address, watch history, and subscriptions) across your various devices. For more information about YouTube and YouTube’s Privacy Policy, please visit: https://www.youtube.com/howyoutubeworks/user-settings/privacy/

    We and the parties we work with and who help us to place and manage our advertisements may use cookies, web beacons, pixel tags, log files, or other technologies to collect certain information about visitors to and users of our Sites to deliver online advertisements that we think would be more relevant to your interests. We also use such data to monitor your interactions with our emails, text messages and online advertisements. Collecting this information and linking it with other personal information we collected about you, helps us best tailor our Sites and enhance your online experience by saving your preferences while you are visiting our Sites, and to help us identify Sites features, advertisements, and offers that may be of particular interest to you.

     

    The Way We Use Information

    • To Provide Our Products and Services. This could include fulfilling your requests for products or services. It could also include processing purchases or other transactions.
    • To Improve Our Products and Services. We may use your information to make our Platform, products and services better. We may also use your information to customize your experience with us.
    • To Understand Your Interests. For example, we may use your information to better understand what products interest you.
    • To Respond to Your Requests or Questions. This may include responding to your feedback or notifying you if you win a promotion.
    • To Communicate With You. We may communicate with you about your account or our relationship. We may also contact you about this Policy or our Site terms and conditions.
    • For Marketing Purposes. We may provide you with information about new products and special offers. We might use your information to serve you ads about products and offers. We might tell you about new features or updates.
    • To Provide You with a Customized User Experience.
    • For Security Purposes. This could include protecting our company and consumers who use our products and services. It may also include protecting our Site.
    • Email Marketing. We may send you emails about our store, new products and other updates.
    • Text Marketing. With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.
    • For Analyzing and Tracking our Services. This includes our Site, our brand partner sites, and social media accounts.
    • For Research and Legal purposes.
    • As Otherwise Specified. We may specify at another point of personal information collection.

    We use non-identifying and aggregate information to better design our website. For example, we may track the number of individuals that visited pages on our website, visited our website within a certain period of time, or came from different search engines.

     

    The Disclosure of Your Personal Information

    We do not sell or rent your personal information to third parties.  However, we may share your information with trusted third parties under the following circumstances:

    • Brand Partners, who jointly own certain personal information collected on our website or to help us communicate with you, or to assist with data analytics.
    • Service Providers, Contractors and Consultants, to perform functions on our behalf and/or support our business who have agreed to keep information confidential and use it only to provide the applicable service(s).
    • Marketing Partners. We may disclose to our partners, and their service providers, certain personal information to conduct a promotion, sales activity or analyze data.
    • Advertising Partners. We may use technology such as cookies and web beacons/pixel tags, or flash cookies when they advertise on our or external websites to provide you relevant advertisements based on your online behavior, search activities on our site and on other Sites, and demographic information relevant to your general location, so that the advertising you see on our Sites closely reflects your interests and needs.
    • Analytics Partners. We may use analytics companies to evaluate use of our services. These entities may use cookies and other tracking technologies, such as web beacons or local storage objects (LSOs), to perform their services.
    • Legal Request or Compliance, including if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) conform to legal requirements and comply with any court order, law, or legal process, including responding to any government, law enforcement, or regulatory request; (ii) enforce the Terms, other agreements, including between you and us, and any other documents included or referenced therein.
    • In the Event of Merger, Sale, Divestitures, or Change of Control. We reserve the right to transfer personal information to a buyer or other successor in interest that acquires rights to that information as a result of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of us or substantially all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about you is among the assets transferred.
    • To Protect Our Rights, privacy, safety, or property.
    • With Your Consent. We may share your information for other purposes pursuant to your consent or at your direction.

    We may disclose aggregate, anonymous, or de-identified information about users for marketing, advertising, research, compliance, or other purposes.

     

    Email Marketing

    If you no longer wish to receive email marketing communications from us, you may opt-out of receiving marketing-related emails by using the unsubscribe method provided in our communications (by clicking on the "unsubscribe" link in the email to unsubscribe). Please note that unsubscribing from our promotional material will not prevent us from contacting you for other reasons, such as responses to customer service inquiries, or information about products you have purchased or about which you have requested information.

     

    Advertisements

    Advertisements appearing on our Site may be delivered by advertising partners, including without limitation to Microsoft, Bing, TikTok, Amazon, Flickr, Github, LinkedIn, Twitter, Pinterest Facebook, and Google, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by us and does not cover the use of cookies by any advertisers.

    We and our service providers may use information about your interactions with our Site to predict your interests and select the ads you see on and off our Site. This is known as interest-based advertising. We may also use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. In providing interest-based ads, we follow the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance ("DAA"). We do not control third parties' collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

    For more information about interest-based advertising and how you can opt out, visit:

    - Digital Advertising Alliance: http://www.aboutads.info/choices
    - Network Advertising Initiative: http://www.networkadvertising.org/choices/

       

      SMS/MMS Mobile Messaging Marketing Program

      We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages.  WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

      California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes.  To make such a request, please contact us at the following address:

      NuGo Nutrition
      520 Second Street
      Oakmont, PA 15139
      contact@nugonutrition.com

      This Privacy Policy is strictly limited to the Program and has no effect on any other privacy policy(ies) that may govern the relationship between you and us in other contexts.

       

      Our Commitment to Data Security

      To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online. However, no data security measures can guarantee 100 percent against being compromised.

       

      Children’s Policy

      We do not knowingly collect any personal information from children under the age of 16 with or without the consent of their parents or guardians. If we discover that a child under 16 has provided us with personal information, we will delete such data from our system.

       

      Changes in Policy

      From time to time, we may change our Policy. We will notify you of any material changes to our Policy as required by law. We will also post an updated copy on our Site. Please check our Platform periodically for updates.

       

      How to Contact Us

      Should you have other questions or concerns about these privacy policies, please call us at 1-888-421-2032,  by using the Contact us page on our website, or contact us at:

      NuGo Nutrition
      520 Second Street
      Oakmont, PA 15139

       

      Additional Information for California Consumers

      This California Consumer Privacy Policy is provided to inform California residents with additional information about how we collect, use, disclose, and protect your personal information in compliance with the California Consumer Privacy Act (CCPA) and other applicable privacy laws. If you are not a California resident, this Notice does not apply to you.

       

      Information We Collect

      Please see the above sections for more information on the information we collect, how we use and disclosure your information, security, and retention of your information.

      Your California Privacy Rights

      Under the California Consumer Pricy Act (CCPA,) you have certain rights regarding your personal information:

      • Access: You have the right to request access to the personal information we hold about you.
      • Correction: You have the right to correct inaccurate personal information.
      • Deletion: You have the right to request the deletion of your personal information.

      Right to Opt-Out

      In addition to the above-stated rights California residents have the right to opt-out of selling or sharing of their California Personal Information, as such terms are defined under California Privacy Law, we do not sell or share your personal information.  If this changes in the future, we will provide you with required notice and the right to opt-out. To exercise these rights, please contact us using the contact information provided below in the “Contact” Section or click here

       Exercising Your Rights

      To exercise these rights, please contact us using the contact information provided below in the “Contact” Section. Once we receive you initial request, we will need to verify that you are the person that is the subject of the request. The Verification Process consists of matching identifying information provided by you with the information we have about you in our records. If we cannot verify your identity, we will not be able to fulfill your request. If the information requested is necessary for us to maintain as permitted by the CCPA, we will not be able to comply with your request and will notify you of this case.

      We will retain information and documentation related to any requests for 24 months, or as required by law.

      Authorized Agents

      To the extent that you elect to designate an authorized agent to make a request on your behalf, the authorized agent must provide appropriate documentation including written signed permission from you, proof of your identify, and certification of the agent’s identity. Unless the authorized agent provides a power of attorney, we may also require you to verify your own identity directly with us and directly confirm that you gave the authorized permission to submit the request.

      Right to Non-Discrimination

      We may not discriminate against you because you exercise any of your privacy rights contained in this Policy including, but not limited to:

      • Denying goods or services to you;
      • Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties;
      • Providing a different level or quality of goods or services to you; or
      • Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

      Financial Incentives

      We offer our customers loyalty programs, as well as contests, surveys, sweepstakes, limited-time promotions, one-time promotions, or similar promotional campaigns (collectively, "Programs") that allow participants to earn or otherwise receive discounts, rewards, and exclusive offers. Participation in these Programs is voluntary and requires your prior opt-in consent, which you may revoke at any time by following the instructions provided in such terms. These offerings may involve collecting Personal Information from customers who participate, including identifiers such as name, emails address, telephone number and/or other contact information necessary for participation enrollment. We are providing you with this information so that you may make an informed decision on whether to participate in our programs.

      Because our programs involve the collection of personal information, they might be interpreted as a “financial incentive” under California law or as a "loyalty program" under other US state privacy laws. The value of your personal information to us is related to the value of the perks (e.g., discounts) provided in the Program less the expense related to offering those benefits to program participants.

      Changes in Policy

      From time to time, we may change our Policy. We will notify you of any material changes to our Policy as required by law. We will also post an updated copy on our Site. Please check our Platform periodically for updates.

      How to Contact Us

      Should you have other questions or concerns about these privacy policies, please call us at 1-888-421-2032,  by using the Contact us page on our website, or contact us at:

      NuGo Nutrition
      520 Second Street
      Oakmont, PA 15139