THIS PRIVACY POLICY APPLIES TO THE SITES WHERE IT APPEARS.

This Policy (together with our Tracking Policy describes how Over The Top Foods, Inc (dba Whipnotic) (“Whipnotic”, “us”, or “we”) treat personal information we collect from or about you on the websites where this Policy is located, and offline where this Policy is referenced. By accessing or using our websites or interacting with us, you acknowledge these practices.

By accessing a Whipnotic website or service from which this Privacy Policy is referenced, you confirm that you have read, understand, and acknowledge the terms of this Privacy Policy. This Privacy Policy is not a contract and does not create any legal rights or obligations.

If you are a California resident, see Section 6 for information provided pursuant to the California Consumer Privacy Act, including how to request that we not “sell” your personal information by clicking Do Not Sell My Personal Information.

This Privacy Policy includes the following sections. You should read the entire Privacy Policy; however, you may use the links below to be directed to the information you are seeking.

Section 1: We collect and use information from and about you.

Section 2: We use personal information as described here. We may use personal information for marketing purposes, to respond to your requests, to improve our products and services, to comply with our obligations, to administer our websites, for internal operations and security purposes, for hiring purposes, to comply with the law or to protect ourselves, as part of a transaction, and as otherwise disclosed or permitted by law.

Section 3: We collect personal information about you from various sources. These sources include collecting information directly from you and your device, from our vendors and other sources, and by combining information.

Section 4: We share your personal information with other parties. For example, we may share personal information with parties including the Whipnotic family of companies and business units, service providers and vendors who perform services on our behalf, our marketing companies, with others to comply with the law or to protect ourselves, our customers and others, or as part of a transaction, and as otherwise disclosed or permitted by law.

Section 5: You have certain choices about how we use your personal information. You can opt-out of some of our uses of personal information. This includes certain of our online tracking and advertising tools, and our promotional email.

Section 6: Residents of California have additional privacy right choices under California law. You can learn about these in this section.

Section 7: We may process and store information in the United States. Information processed and stored in the United States may be accessed by United States law enforcement according to United States law.

Section 8: Our websites and services are not intended for children.

Section 9: We use standard security measures. However, the internet is not 100% secure, and we cannot promise that your information will be completely safe.

Section 10: We may link to third party sites or services we don’t control. We are not responsible for these sites or services.

Section 11: Feel free to contact us.

Section 12: We may update this Privacy Policy.

SECTION 1. We collect and use personal information from and about you.

Whipnotic (and the vendors and other parties we use to perform business functions on our behalf) collect, receive, and develop several categories of personal information about you depending on the nature of your interactions with us:

We collect contact information. For example, we might collect your name, email address, account username and password, social media handles, phone number and mailing address.

We collect demographic information. We may collect information like your gender and age.

We collect payment information. For example, we collect your credit card details if you make a purchase.

We collect information you submit or post. For example, we collect product reviews and comments that you post on our site and your responses to surveys you complete. We also collect information when you contact us.

We collect transaction and preference data. We collect information about your purchase history and transactions and your preferences when using our products. We may also collect information in connection with our loyalty program.

We collect Device, Internet, and network activity information. If you use our website, we may collect information about the browser, device, and operating system you’re using or your device identifiers, MAC address, and IP address. We might also collect device identifiers. We might look at what site you came from, or what site you visit when you leave us. We may collect page interaction information (such as what areas of the websites you visit and for how long, what search terms you enter, and what products or content you view and click on), and methods used to browse away from the page. We collect this information using the tracking tools described below. To control those tools, please read the Choices section below.

We collect location information. We collect information about your general location, using your ZIP code or postcode and IP address. We may also collect precise GPS location with your permission.

We collect employment-related information. When you apply for a job, we may collect information you submit as part of your application and resume. This might include your work experience and previous employment, your education, the URL to your personal or professional websites, your workplace skill sets and certifications, whether you need a visa to work in the United States, and/or salary expectations. We may also conduct a credit check, background check, and employment verification to the extent permitted by applicable law. If you apply for a job, you can choose to also voluntarily provide any of the following information: ethnicity, gender, disability status, and/or veteran status.

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

SECTION 2. We use personal information as described here.

We use the above-referenced categories of personal information for the following purposes:

We use information to fulfill your orders. For example, we use your information to fulfill your purchases.

We use information to respond to your requests or questions. We use information to contact you in response to your feedback or other matters related to our relationship with you (such as about this Privacy Policy or our Terms of Service). We also use your information to create and administer your account.

We use information to analyze and improve our products and services. We may use your information to make our website, services, and products better. We might use your information to customize your experience with us and to conduct research and analysis. We use information to comply with our obligations or administer our websites and services. For example, we use personal information to administer the websites, such as troubleshooting, data analysis, and testing.

We use information for security, due diligence, and safety purposes. We may use personal information to protect our company or others, including customers or business partners and their respective personnel. We also may use personal information to protect our websites or our services, as well as to detect and investigate activities that may be illegal or prohibited (such as cyber-attacks or fraudulent transactions). We may also use information to conduct background and employment checks to assess reputational and other risks arising from any relationship or prospective relationship with you.

We use information for marketing purposes. For example, we might use personal information to provide you with information about special promotions, discounts, prize promotions, or offers. We might also use your information to serve you ads about our products and offers. We might tell you about new features or services. These might be our own offers or products, or third-party offers or products we think you might find interesting. We may also use your data in order to build profiles and infer what advertising may be of interest to you. You may opt-in to receive our email newsletters or to receive text messages from us. To learn about your choices for these communications, read the Choices section below.

We use information to conduct research and analysis. We use personal information for research, statistical, and survey purposes.

We use information for hiring purposes. We may use information to review your job applications and contact you about employment opportunities. If you choose to voluntarily submit your ethnicity, gender, disability status, and/or veteran status in connection with a job application, we will use that information for statistical tracking purposes (not for hiring decisions), in accordance with applicable law.

We use information for verification purposes. For example, we will use certain pieces of personal information to verify your identity if you make requests pursuant to this Privacy Policy. The verification steps and the pieces of personal information that we request may vary depending on the sensitivity and nature of your request.

We use information as otherwise required, disclosed or permitted by law, or as we may notify you.

We may use personal information to create deidentified or aggregated data which does not identify you or any other individual, or from which your identity cannot reasonably be ascertained. We may use and disclose this anonymous or aggregated data as we choose.

SECTION 3. We collect personal information about you in different ways.

We collect personal information about you from various sources, directly and indirectly, including from the following sources:

We collect information directly from you. For example, we collect information if you sign up for an account, participate in a promotion, contact us, sign up for our text and other messages, or other emails. We also collect payment and commercial and preference information if you make a purchase. We also collect information if you post a comment, make a request, complete a survey, or apply for a job.

We collect information from your devices. We use tracking tools like browser cookies and web beacons to automatically collect information from and about you. We collect information when you interact with our websites, our ads, or our emails that we or our vendors send to you. We collect information about users over time and across devices when you use this website. We may have other parties collect personal information this way. Learn more about these tools, how we use them and how you can control them, read Section 5.

We receive personal information about you from vendors we hire to work on our behalf.

For example, vendors that host or maintain our websites and send promotional emails for us may give us information. If we use employment and recruiting vendors, such vendors may also give us information. Our marketing agencies, advertising technology vendors, and analytics providers may also provide us with information.

We receive information about you from other sources. Other parties may give us personal information about you. These other parties might also include business and marketing partners and social media platforms that give us information they have collected either directly or indirectly from you. We may also receive Employment-Related Information from a job network or social network if you choose to import your information from those platforms when applying for a job with us or otherwise connecting with us. We also use features that let your friends give us your information.

We combine information. For example, we may combine information that we have collected offline with information we collect online. Or we may combine information we get from another party with information we already have. We may also aggregate your information with other consumers’ information to understand preferences and trends over time.

SECTION 4. We share your personal information with other parties.

We will share personal information within the Whipnotic family of companies. This includes our parent, subsidiaries, affiliates, and business units. We may share your information with our affiliate in order for them to communicate product offers and events that we believe you might be interested in. We may also share personal information with subsidiaries, affiliates, and business units of our parent company. We share personal information within the Whipnotic family of companies for all purposes described in this Privacy Policy.

We will share your personal information with vendors and service providers who perform services on our behalf. We may share personal information with vendors who assist us with the uses of personal information described in this Privacy Policy. This may include vendors who send emails for us, help us manage and operate our websites, fulfill purchases, provide services, provide advertising or marketing services or place our advertisements on other platforms, provide analytics and search engine support, track advertising impressions, investigate and prevent data incidents, provide physical and digital security services, audit our business and financial statements, vet job applicants, and provide legal advice. Personal information received by vendors and service providers may also be subject to their privacy policies.

We may share your personal information with our business partners and marketing companies, including for marketing purposes. For example, we might share information with third parties who co-sponsor a promotion or promote our products. Some of these partners may send you information about products or services by mail or email. They may share your information with other third parties. We may also share the above categories of personal information with companies that help us with our marketing efforts, including social media platforms, advertising networks, and ad tech companies. For example, we may share email addresses or other contact information with social media platforms so they can serve our advertising to you on their platform. Personal information received by our partners and other parties may also be subject to their privacy policies.

We will share your personal information for safety and security purposes, if we think we have to in order to comply with the law, or to protect ourselves, our customers and others. We may share any or all personal information to respond to a court order or subpoena. We may also share any or all personal information if a government agency or investigatory body requests it. We might share your personal information in order to enforce our agreements and to protect our rights and/or the rights of others. We might share your personal information when we are investigating potential fraud. This might include fraud we think has happened during a promotion. If you are the winner of a sweepstakes or contest, we may also share certain Contact Information of yours with anyone who requests a winner’s list.

We may share your personal information as part of a transaction, financing, due diligence or for other business needs. For example, if Whipnotic sells any of its businesses or assets, applies for loans, or opens bank accounts, we may disclose your personal information to the prospective buyer, lender or bank, as the case may be, as part of certain due diligence processes. We also share information for the purpose of management and administration of Whipnotic’s business.

We may share your personal information with a successor to all or part of our business. If part of our business (including any of our affiliates, divisions, and business units) is acquired by a third party, we may include personal information as part of that transaction, which may include some or all categories of your personal information. We may also share your personal information if there is a change to our corporate structure. We may also share your information with others as they conduct diligence of our corporate changes.

We may share information for other reasons we may describe to you from time to time as permitted by law.

SECTION 5. You have certain choices about how we use your personal information.

You can opt out of receiving our marketing emails. To stop receiving our promotional emails, you can follow the instructions in any promotional message you get from us or email us at hello@whipnotic.com. If you receive promotional text messages from us, you may opt out by replying “STOP”. Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions.

You can control if we share information with other parties for their marketing purposes. To opt out of having us share your information with other parties for their promotional purposes, please send an email to hello@whipnotic.com

You can control certain cookies and tracking tools. To learn more about the cookies we use and to set your cookie preferences, click on the About Our Ads link in the footer of each Whipnotic website you visit. If there is no link available, then follow the instructions outlined below. Keep in mind that the cookies used on our various websites will differ and you will need to set your preferences on each Whipnotic site you visit. Your browser may also 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. To control flash cookies, which we may use on certain websites from time to time, you can go here. Why? Because flash cookies cannot be controlled through your browser settings.

Our Do Not Track Policy: Some browsers 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 cookies, certain features on our sites may not work. If you block or reject cookies, not all of the tracking described here will stop.

You can opt out of online behavioral advertising. We and third-party advertising networks, social media companies, and other services may collect information about your use of our websites over time so that they or we may display interest-based advertising using information gathered about you over time across multiple websites or other platforms. To do this, we and our vendors use several tracking tools, such as browser cookies, web beacons, and other technologies. 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. Not all of the tracking tools on our website participate in the Self-Regulatory Program for Online Behavioral Advertising. Certain choices you make are both browser and device-specific.

Certain options you select and choices you make are browser, website, and device specific. If you clear your cookies or your browser’s cache, you will need to set your preferences again.

SECTION 6. Your California Privacy Rights.

If you reside in California, you have the right to ask us one time each year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please send us an email at the address listed below. Indicate in your letter that you are a California resident making a “Shine the Light” inquiry.

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 the personal information, the categories of third parties with whom we shared the 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.

• Do Not Sell My Personal Information – You can request that we not sell your personal information by sending us an email at the address listed below. For purposes of this Privacy Policy, “sell” means the sale of your personal information to an outside party for monetary or other valuable consideration, subject to certain exceptions set forth in applicable California law. Please note that if you make a request to opt out of sale, note that if you would like to opt out of cookie-based tracking for advertising purposes, you will need to separately click the About Our Ads link in the footer of each Whipnotic website you visit to set your preferences. You can also visit aboutads.info/choices and https://optout.privacyrights.info to opt out of certain uses of cookies for advertising purposes. Your selections are specific to the device, website and browser you are using. Your selections are also deleted whenever you clear your browser’s cache.

We will not discriminate against you because you made any of these requests.

California residents can make these requests by emailing us at  hello@whipnotic.com. 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. Except as otherwise provided by applicable California law, note that for purposes of these requests under this Section, personal information does not include information about job applicants, employees, and other of our personnel; information about employees and other representatives of third-party entities we may interact with; or information we have collected as a service provider to our clients.

We will take reasonable steps to verify your identity prior to responding to your requests. For example, we may utilize a third-party verification provider to assist with verifying your identity. The verification steps may vary depending on the sensitivity of the personal information and whether you have an account with us.

California 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.

For purposes of California residents making these requests, please also note the following regarding how we collect, use, and share your personal information as described in this Privacy Policy, including in the previous 12 months:

• We may collect, use, and disclose for our business and commercial purposes, categories of personal information as set forth in applicable California law, including: Identifiers; payment and customer records information; characteristics of protected classifications under California or federal law (such as demographic information like age and gender); commercial information; professional or employment information; internet or other electronic network activity information; geolocation data; education information; audio, electronic, visual, thermal, or similar information; and inferences. See Section 1 above for additional detail.

• We collect and use these categories of personal information for the business and commercial purposes described in Section 2 of this Privacy Policy.

• We collect these categories of personal information from the sources described in Section 3 above.

• We may disclose each of the foregoing categories of personal information for the business and commercial purposes described in this Privacy Policy to the extent permitted by applicable law to the categories of third parties as described in Section 4 of this Privacy Policy.

• We may “sell” categories of personal information, including: Identifiers; payment and customer records information; characteristics of protected classifications under California or federal law; commercial information; professional or employment information; internet or other electronic network activity; geolocation data; education information; audio, electronic, visual, thermal, or similar information; and inferences. We may “sell” these categories of Personal Information to the categories of third parties described in Section 4 of this Privacy Policy.

From time to time, we may offer financial incentives in connection with the collection or use of personal information. The material terms of the financial incentive will generally be presented to you at the time you sign up. You may withdraw from any financial incentive at any time by emailing us at hello@whipnotic.com.

SECTION 7. We may process and store information in the United States.

Information we collected is stored and processed in the United States. Your personal information may be subject to the laws of the countries in which it is stored or used. By providing us with any personal information, you understand that your information may be transferred, processed, or stored outside of your country of residence, including the United States, which may have a different data protection regime from the country in which you reside. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your personal information. By using our websites or submitting your personal data, you consent to such transfer, storing and processing.

SECTION 8. Our websites and services are not intended for children.

Our websites are meant for adults. We do not knowingly collect personally identifiable information from children under 16. If you are a parent or legal guardian and think your child under 16 has given us information, you can contact us at  hello@whipnotic.com. Please mark your inquiries “Children’s Information Request.” Parents can learn more about how to protect children’s privacy on-line here.

SECTION 9. We use standard security measures.

The Internet is not 100% secure. We cannot promise that your use of our websites or services will be completely safe. Any transmission of your data to our websites is at your own risk. We encourage you to use caution when using the Internet. This includes not sharing your passwords. We keep personal information as long as it is necessary or relevant for the practices described in this Privacy Policy, including, for example, for legal compliance, dispute resolution, contract enforcement, backup, archival, and other internal operations purposes. We also keep information as otherwise required by law. Personal information may be accessed by persons within our organization, or our third-party vendors, and those other parties described in this Privacy Policy, including those who require such access to carry out the purposes described in this Privacy Policy, and such other purposes as permitted or required by applicable law.

SECTION 10. We may link to third party sites or services we don’t control.

If you click on a link to a third-party site, you will be taken to a website or service we do not control. This Policy does not apply to the privacy practices of that website or services, which may collect information from you. Read the privacy policy of other websites and services carefully. We are not responsible for these third-party websites, services, or their policies.

Our site may also serve third party ads or content that contains third party cookies or tracking technologies. We do not control the use of those technologies.

SECTION 11. Feel free to contact us.

If you have any questions about this Privacy Policy or want to access, correct, or update your information, please email us at  hello@whipnotic.com.

SECTION 12. We may update this Privacy Policy.

From time to time we may change this Privacy Policy. We will notify you of any material changes to our Privacy Policy to the extent required by law. We will post an updated copy on our website. Please check our website periodically for updates. Your continued use of our website means that you consent to the collection, use, and disclosure of your personal information.