This privacy policy (this “Privacy Policy”) sets out how Performance Kitchen USA, LLC, Performance Kitchen, PBC, Performance Kitchen Canada Inc., and their affiliates and subsidiaries (“Company” or “Performance Kitchen”) collect, use, and disclose the information, including personal information, we collect about users of our websites, including www.performancekitchen.com and any other websites on which we post this Privacy Policy, as well as the services available through our websites (collectively, the “Sites”). Please note that this Privacy Policy applies only to information collected from you by Company via the Sites, not to information collected offline, at retail stores or other distribution channels, or through other direct contacts with Company representatives.
Consent:
By submitting personal information to company or its service providers and agents, you agree that company may collect, use and disclose that personal information in accordance with this privacy policy. Subject to legal and contractual requirements, you may refuse or withdraw your consent to certain of the identified purposes at any time by contacting Company at the address provided below. If you refuse or withdraw your consent, Company may not be able to provide you or continue to provide you with certain services or information, which may be of value to you.
Revisions To This Privacy Policy:
Company may change, modify, add or remove portions of this Privacy Policy from time to time, without prior notice to you. We will post the revised Privacy Policy on the Sites and will update the effective date for the Policy. If we materially change the way that we collect, use or disclose personal information about you, we will endeavor to provide you notice of this, such as by highlighting it on the Sites or sending you an email at your email address of record. Such material changes will apply to any personal information collected on or after the date posted.
This Privacy Policy was last updated February 19, 2021.
Collection Of Your Information:
Company may collect personal information, about you, directly from you, automatically via your use of the Sites, and in some cases from third parties. The information we collect about you may include information provided in connection with the following activities:
Registering or filling in forms on the Sites. This includes information you may provide when you request additional information about Company’s products and services or sign up to receive Company’s e-mail newsletters or coupons.
Completing a profile on the Sites.
Purchasing any product through the Sites.
Providing product feedback or making other submissions to Company.
Requesting information or assistance through the Sites. Company may also keep a copy of any communications or correspondence you may send to it, including any e-mail communications.
Participating or responding to consumer survey or requests for consumer’s opinions, concerns, and preferences regarding Company’s products.
Participating in consumer contests, sweepstakes and other promotions.
Using other features of the Sites that may be offered from time to time, and may require such information in order to utilize the feature, such as commenting on our blog posts.
Generally, the personal information that Company may collect may include your name, username, password, email address, age, date of birth, gender, address, telephone number, credit card and debit card numbers (with expiration dates), personal preferences, and any other personal information that you choose to include in your profile, or in other communications to Company. If you provide us with personal information about another person, you represent and warrant that you have the right and authority and have obtained all necessary consents to provide us with such information.
Company may also collect information about your use of our Sites, which may include, but is not limited to, the frequency of user visits to the Sites, the routes by which users access the Sites and use hyperlinks available on the Sites and other clickstream data. Company may collect information about a users’ browser type, operating system type, users’ IP address, including general location information, the length of time a user visits our Sites, the pages they view and activities they engage in, and date and time stamps, the referring URL, or the webpage that led a user to our Sites. Company or its service providers and agents may process and use this data for various purposes including, but not limited to, analysis of this data for trends and statistics, development of the Sites and the Sites’ features and offerings, assessing patterns of use, or planning and evaluating marketing initiatives. This information is gathered by certain tools and methods such as cookies, pixel tags, log files, java script and other technologies. We may combine this information that we collect about your use of our Sites, with other information, including personal information we collect about you.
Cookies:
Like many websites, Company and our third party service providers utilize “cookies” to maintain a record of your visit to the Sites. A cookie is a small text file that is transferred by a web server and stored on the hard drive of your computer. It can only be read by the server that sent it to you. This information does not identify you personally and you remain anonymous unless you have otherwise provided Company with personal information.
Cookies help Company to improve the Sites and to deliver more personalized service by enabling Company to estimate audience size and usage patterns; to store information about your preferences; to speed up your searches and to recognize you when you return to the Sites.
Most web browsers automatically accept cookies. If you would prefer to prevent your computer from accepting Company’s cookies, you may follow your Internet browser’s steps for doing so. Please note, however, that if you do disable cookies from your browser, you may not be able to access certain sections of the Sites.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Sites to, among other things, track the activities of visitors to the Sites, help us manage content, and compile statistics about usage of the Sites. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Sites. We also may use other analytic means to evaluate our Sites. We use these tools to help us improve our Sites, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.
Do Not Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third Party Ad Network section.
Third-Party Ad Networks:
We work with third parties such as network advertisers, including Google Ads/Doubleclick (more info here), Taboola (more info here) and Digilant (more info here), to display advertisements on our Sites, to assist us in displaying advertisements on third party websites, and to evaluate the success of our advertising campaigns. These third parties use cookies and other technologies to collect information about your visits to our Sites as well as other websites, in order to show you more relevant advertisements and to analyze the effectiveness of ad campaigns; their information practices are governed by their respective privacy policies, not this one. We may provide these third-party advertisers with information about your usage of our Site and our services, as well as other aggregate or non-personal information about visitors to our Site and users of our service. You may to opt out of advertising directly with certain ad networks. Users may also opt out of many third party ad networks as follows:
United States. Users in the United States may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page, at http://www.aboutads.info/choices/, as well as that Network Advertising Initiative (“NAI”) Consumer Opt-Out Page at http://www.networkadvertising.org/choices/, for information about opting out of interest-based advertising by DAA members and NAI members, respectively.
Users in Canada may go to the Digital Advertising Alliance of Canada (“DAAC”) Opt-Out Tool at http://youradchoices.ca/choices/ for more information and to opt out of interest based advertising by certain ad networks.
Users in the European Union may go the European Interactive Digital Advertising Alliance (“EDAA”) Your Online Choices website at http://www.youronlinechoices.com/ and select their country to learn more about interest-based advertising and how to opt out in their own country.
Opting out of one or more of ad networks (many of which may be the same) through the above only means that those members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our Site or other websites. For example, you may continue to receive advertisements based on the particular website or page that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your opt-out(s) may no longer be effective.
Protection of Your Information
We have implemented safeguards to protect the personal information we collect. Nevertheless, internet transmissions are never completely private or secure. Any messages or information you send to the Sites could be intercepted by others. If you have any questions about the security of personal information collected by Company, please contact: info@performancekitchen.com.
User Content and Profiles:
You should also be aware that certain aspects of the Sites are not confidential and are available for public viewing. For example, other users of the Sites will be able to view your profile and goals that are publicly available. Any submissions that you may post to any publicly available blogs or other publicly available features of the Sites are not confidential and may be viewed by other users of the Sites. By making personal information publicly available where the Sites allow you to do so, you consent to such publication by Company or its service providers and agents. Please refer to the Terms of Use for additional provisions relating to user submissions that may apply to you.
Use Of Your Personal Information:
Upon Company’s collection of your personal information, Company may use such personal information for the following purposes:
To develop, enhance, market sell or otherwise provide information, products or services in accordance with applicable law;
To establish and conduct commercial relationships, including to process purchases or other transactions through the Sites and to conduct or administer other transactions that you may engage in with Company on or through the Sites;
To conduct or administer contests, sweepstakes or other promotions in which you have participated.
To contact you and to respond to any communications that you may have had with us;
To troubleshoot problems with the Sites;
To customize your experience or homepage on the Sites;
To develop and manage Company’s business and operations;
To enforce Company’s Terms of Use or comply with this Privacy Policy;
To detect and protect Company and other third parties against error, negligence, breach of contract, fraud, theft and other illegal activity, and to audit compliance with Company’s policies and contractual obligations;
To engage in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Company;
As permitted by, and to comply with, any legal or regulatory requirements or provisions; or
For any other purpose to which you consent.
Personal information collected on the Sites may be stored and processed in the United States, Canada or abroad. While in another jurisdiction for processing, the information may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.
Disclosure Of Your Information:
We may share your information, including personal information, as follows:
To our subsidiaries or affiliates, consistent with this Privacy Policy;
To third parties whom Company hires to provide services on Company’s behalf, including support services, website services, delivering promotional materials, and answering customer questions about Company’s products and services. Company will only provide those third parties with the personal information that they need to deliver the services to Company and/or on Company’s behalf, and they will be contractually prohibited from using that information for any other purpose.
Your user name and any information that you post (e.g., reviews, comments), as well as other account and profile information based on your account privacy settings, will be available to, and searchable by, all users of the Services.
If we are acquired by or merged with another company, if any of our assets are transferred to another company, as part of a bankruptcy proceeding, as part of any other similar business transfer, we may transfer the information we have collected from you to the other company. We also may disclose certain personal information to third parties related to proposed, potential or ongoing mergers, acquisitions, asset transfers/sales, bankruptcy proceedings, and similar transaction, prior to the conclusion of such transaction, including legal, financial, insurance, or other advisors in connection with such business transaction or management of all or part of Company’s business or operations.
With your consent, including to fulfill any other purposes that are identified when the personal information is collected.
In order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena or as otherwise permitted or required by law
Where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which Company is involved.
Company may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.
Retention Of Your Personal Information:
The personal information that you provide will be retained by Company in accordance with applicable laws. However, Company will take reasonable steps to destroy or permanently de-identify personal information it holds if it is no longer needed for Company business purposes.
Children’S Privacy:
Company recognizes the privacy interests of children and Company encourages parents and guardians to take an active role in their children’s online activities and interests. The Sites are not intended for children under the age of 18. Company does not target its services or the Sites to children under 18. Company does not knowingly collect personal information from children under the age of 18.
Choice And Opt-Out Preferences:
Company does not collect your personal information unless you choose to provide it. If, at any time, you prefer not to receive further promotional email communications from Company (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such promotional communications by means of a link provided in every promotional e-mail that is sent to you by Company. If you opt out of receiving emails about recommendations or other promotional information we think may interest you, we may still send you emails about your account or any orders or services you have requested or received from us.
Access And Correction:
You may log in to your Company account at any time to access, update, or correct information you have submitted to Company. Upon your written request, subject to certain exceptions, Company will inform you of the existence, use and disclosure of your personal information and give you access to, and correct errors or omissions in respect of, that information. Requests for access or corrections should be sent in writing to the Privacy Officer at the address provided below.
Third Party Websites:
Further, the Sites may contain links to other third party websites that are not controlled or operated by Company. This Privacy Policy does not apply to such third party websites, and Company is not responsible for the content of such third party websites or the privacy practices of such third parties. Therefore Company encourages you to request and review the privacy policies of any third parties upon disclosing your information such parties or visiting such third party websites.
Questions Or Comments:
Company welcomes questions and comments about this Privacy Policy. Questions or comments should be directed to:
Performance Kitchen PBC.
Attention: Privacy Officer
PMB 4600 250 H St
Blaine, Washington
98230
USA
pkprivacy@performancekitchensystems.com
Additional Information for California Residents
In this section, we provide additional information to California residents about how we handle their personal information, as required under California privacy laws including the California Consumer Privacy Act (“CCPA”). This section does not address or apply to our handling of publicly available information lawfully made available by state or federal government records or other personal information that is exempt under the CCPA.
Categories of Personal Information Under the CCPA (Last Updated: DATE)
While our collection, use and disclosure of personal information varies based upon our relationship and interactions with you, in this section we describe how we have collected and disclosed personal information about consumers in the prior 12 months (from the Last Updated data above). For more information about the business and commercial purposes for which we collect, use, and disclose personal information, please see the Use of Information and the Disclosure of Information sections above.
We have collected the following categories of personal information (as defined by the CCPA) about California consumers:
Identifiers: includes direct identifiers, such as name, alias, user ID, username, account number or unique personal identifier; email address, phone number, address and other contact information; IP address and other online identifiers.
Customer Records: includes personal information, such as name, account name, contact information, that individuals provide us in order to purchase or obtain our products and services.
Commercial Information: customer products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.
Usage Data: Includes browsing history, clickstream data, search history, access logs and other usage data and information regarding an individual’s interaction with our websites, mobile apps, and our marketing emails and online ads.
Geolocation Data: Includes precise location information about a particular individual or device.
Professional Information: includes professional and employment-related information (such as current and former employer(s) and position(s), business contact information and professional memberships).
Inferences: includes inferences drawn from personal information that we collect to create a profile reflecting an individual’s preferences, characteristics, predispositions, behavior, attitudes, intelligence, abilities or aptitudes.
Third Party Service Provider Disclosures. We provide the following categories of personal information to the third parties listed below:
Identifiers: may be shared with service providers; our advisors and agents; government entities and law enforcement; our affiliates and subsidiaries; advertising networks; data analytics providers; social networks; internet service providers; operating systems and platforms; data brokers; our business customers/clients; our marketing partners.
Customer Records: may be shared with service providers; our advisors and agents; government entities and law enforcement; our affiliates and subsidiaries; advertising networks; data analytics providers; social networks; internet service providers; operating systems and platforms; data brokers; our business customers/clients; our marketing partners.
Commercial Information: may be shared with service providers; our advisors and agents; government entities and law enforcement; our affiliates and subsidiaries; advertising networks; data analytics providers; social networks; internet service providers; operating systems and platforms; data brokers; our business customers/clients; our marketing partners.
Usage Data: may be shared with our service providers; our advisors and agents; government entities and law enforcement; our affiliates and subsidiaries; advertising networks; data analytics providers; social networks; internet service providers; operating systems and platforms; data brokers; our business customers/clients; our marketing partners.
Geolocation Data: service providers; our advisors and agents; government entities and law enforcement; our affiliates and subsidiaries; advertising networks; data analytics providers; social networks; internet service providers; operating systems and platforms; data brokers; our business customers/clients; our marketing partners.
Professional information: service providers; our advisors and agents; government entities and law enforcement; our affiliates and subsidiaries; advertising networks; data analytics providers; social networks; internet service providers; operating systems and platforms; data brokers; our business customers/clients; our marketing partners.
Protected Classifications: service providers; our advisors and agents; government entities and law enforcement; our affiliates and subsidiaries; advertising networks; data analytics providers; social networks; internet service providers; operating systems and platforms; data brokers; our business customers/clients; our marketing partners.
Inferences: service providers; our advisors and agents; government entities and law enforcement; our affiliates and subsidiaries; advertising networks; data analytics providers; social networks; internet service providers; operating systems and platforms; data brokers; our business customers/clients; our marketing partners.
Do We “Sell” Personal Information? Under the CCPA, a “sale” includes disclosing or making available personal information to a third-party in exchange for monetary compensation or other benefits or value. We do not disclose personal information to third parties in exchange for monetary compensation. We may disclose or make available certain categories of personal information to third parties in order to receive certain benefits or services, such as when we make browsing information available to third party ad companies (through third party tags on our Sites) in order to improve and measure our ad campaigns and reach users with more relevant ads and content.
Sources of Personal Information. As described in the above section,we may collect personal information from the following sources:
directly from the individual
advertising networks
data analytics providers
social networks
internet service providers
California Residents’ Rights
CCPA Rights. In general, California residents have the following rights with respect to their personal information:
Do-not-sell (opt-out): to opt-out of our sale of their personal information. We do not sell personal information about California consumers, including those we have actual knowledge are younger than 16.
Right of deletion:to request deletion of their personal information that we have collected about them and to have such personal information deleted (without charge), subject to certain exceptions.
Right to know: with respect to the personal information we have collected about them in the prior 12 months, to require that we disclose the following to them (up to twice per year and subject to certain exemptions)
categories of personal information collected;
categories of sources of personal information;
categories of personal information about them we have disclosed for a business purpose or sold;
categories of third parties to whom we have sold or disclosed for a business purpose their personal information;
the business or commercial purposes for collecting or selling personal information; and
a copy of the specific pieces of personal information we have collected about them.
Right to non-discrimination: the right not to be subject to discriminatory treatment for exercising their rights under the CCPA.
Submitting CCPA Requests.California residents may submit CCPA requests to opt out of sales, requests to know (access) and requests to delete their personal information through one of the following methods:
Toll Free telephone: (866) 621-9029
When you submit a request to know or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor. Authorized agents may initiate a request on behalf of another individual by contacting us at the above link; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.
Financial Incentives. We may make available certain programs or offerings that are considered “financial incentives” under the CCPA.
Your Privacy Rights Under California Shine the Light Law. Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us certain personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use. Such requests may be made once per calendar year for information about any relevant third-party sharing in the prior calendar year. To submit a “Shine the Light” request, [email us at info@performancekitchencom, and include in your request a current California address and your attestation that you are a California resident.
The purpose of this website is to acquaint the online community with Performance Kitchen USA, LLC and its services, staff, and affiliates. The information, materials, services, products, messages, and other content contained on this website are provided for educational and general informational purposes only. Such content is not intended to be a substitute for obtaining medical advice and treatment from a competent physician or other healthcare practitioner. You should not take any healthcare action based upon the content of this website without first obtaining appropriate guidance from a physician or other healthcare practitioner. Giving, receiving, or using the content on this website does not constitute or create a caregiver-patient relationship.
No statement contained on this website constitutes a warranty, express or implied, with respect to healthcare, any standard of care, or any other matter. Performance Kitchen USA, LLC expressly disclaims all warranties, whether express or implied, including, but not limited to, the implied warranties of title, accuracy of data, noninfringement, merchantability, and fitness for a particular purpose, and any implied warranty arising from a course of dealing or performance or usage of trade.
Certain links included on this website are links to websites operated by third parties not controlled by and not affiliated with Performance Kitchen USA, LLC. Because Performance Kitchen USA, LLC has no control over such linked-sites, Performance Kitchen USA, LLC is not responsible for the availability of those sites, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from those sites. Further, Performance Kitchen USA, LLC does not warrant the accuracy or usefulness of any information provided through any such linked-sites.
For more information about our privacy practices, you may contact us as set forth in the info@performancekitchen.com section above.