Simply Good Foods USA, Inc. Privacy Policy

Last Updated: August 1, 2021

Simply Good Foods USA, Inc.  (“Simply Good,” “we” or “us”) values your privacy. In this Privacy Policy (“Policy”), we describe how we collect, use, and disclose personal information that we obtain about visitors to and users of the websites that link to this Policy (including any forums and chat rooms accessible on such websites, all collectively, the “Site”), the features and services available through the Site or our mobile application (the “App”) (each a “Service” and collectively, the “Services”), and how we use and disclose that information. Please read this “Policy “carefully.

By visiting the Site or using any of our Services, you represent that you have read and understood the practices described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes. The Terms of Use are hereby incorporated by reference into this Policy. We will notify you of changes to this Policy by updating the “Last Updated” above. If you do not agree with this Policy, do not use the Site or Service.

1. Personal Information We Collect About You

Simply Good collects personal information from you and about you when you use a Service. “Personal information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked to, directly or indirectly, a particular consumer or household.  The following are categories (with non-exhaustive examples) of personal information we may collect about you:

·   Contact Information. When you create an account on a Service, for example, we may collect your name, mailing address, telephone number and email address. We may also collect your phone number.

·   Account Information. In your account, you may choose to submit personal information, for example information about your health, sleep, diet, food consumption, goals, weight, hydration, net carbs, and exercise activity.

• Email Address. If you sign up for promotional communications on a Service, we will collect your email address.
• Payment Information. When you place an order on a Service, we ask for your name, e-mail and mailing address, credit card number and expiration date, and the phone number of your shipping address. We need this information to process and fulfill your orders and to notify you of your order status. We do not store your credit card information. We pass it through to our secure, third-party card processor and do not retain it.
• Submitted Information. We may collect personal information you post in a public space on our Services, such as when you submit a review or post on a Site forum. We may also collect information you post on our social media pages and your social media profile information and information posted on your page. We also collect personal information if you send us a message or provide feedback through the “Contact Us” page or similar features on our Service, if you engage in a survey, promotion, contest, or challenge, or if you apply to be part of an affiliate program. This may include information about your height, weight, and fitness. It may also include photos, videos, and other content that you submit.
• Commercial Information. We may collect personal information that could identify you and relates to the products or services in which you are interested, or have considered or purchased, such as when you click on a link, an advertisement, or otherwise display interest in one of our products on a Service. 

2. Personal Information Collected Automatically or Offline

In addition to personal information that you provide to us, we also collect personal information about you over time and across different websites, apps, and devices when you use a Service. Third parties also collect personal information this way on our Site. 

• From Third Parties. We may receive information about you from other sources. For example, this may include receiving information from:
  • Our business partners, including online advertising networks, analytics vendors, and companies that co-sponsor our promotions or help us administer a challenge;
  • Social media sites, including Facebook, Twitter, YouTube, Pinterest, Snapchat, and Instagram when you interact with our pages on those platforms; and
  • Third party sites, including those that allow you to integrate an account on a third-party service with your account.
• By Combining Information. For example, we may:
  • Combine information that we collect offline about you with information we collect through our Service;

o   As you direct, synch your account on the Site with your account on the App. If you are a part of our online community or have downloaded our App, you have the option of uploading data from certain fitness trackers to our Site or our App (the permissible trackers may change from time to time).

• Combine information we collect about you from the different devices you use to access our Service; and
• Combine information we get from third parties with information we already have about you.

·   Automatically Collected Information

o   Cookies and Other Technology. We may automatically collect the following information about your use of our Site through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our Site and use our Services; and the referring URL, or the webpage that led you to our Site. We also may collect information about you automatically if you “Like Us”, follow us, or click on other social media plug ins, such as the information listed above. We may combine this information with other information that we collect about you. Please see the section “Cookies and Other Technology” below for more information.

• Device Information. For example, we may collect the type of device you use to access our Service. We may also collect your device identifier, IP address, or mobile operating system.
  • If you use our App, we may also collect clicks, installations, and gestures.
  • To use the App’s barcode scanner, we process information from your  camera (please note: though on some devices you must permit us to access your camera in order to use the App, we do not collect pictures stored on your device).
• Log Information. We collect log information about your use of the Service. This may include the type of browser you use, access times, where you came from, what site you visit when you leave us, and pages viewed. It may also include the page you visited before navigating to our Site.
• Geolocation Information. When you use certain Services, we will collect your location with your consent, for example to aid your use of our restaurant finder within the App.

3. How We Use and Share Your Information

We use your personal information in the following ways, as further detailed in the table below:

·   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 Site, 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, working with you as an affiliate, 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 Terms of Use.

·   To Determine Your Eligibility. We may use your information to verify your identity or determine your eligibility for some of our products, services or promotions. For example, this may include verifying your age and state of residence. If you apply for an affiliate program, we will use this information to evaluate your application.

·   For Marketing Purposes. We may contact you to be part of a success story or similar marketing initiative; we will only use your information in that context with your permission. Our App may use your Device Information to send push notifications or alerts. We also use your personal information to provide you with information about new products and special offers; to serve you ads about products and offers; or tell you about new features or updates, including third party offers or products we think you might find interesting. We may also use your information to send you electronic communications, including through email, the App, or text message. We and our partners may engage in interest-based advertising using information gathered across multiple websites, devices, or other platforms as detailed in Section 1 above. For more information about your choices related to these communications, Sections 5 and 9 below.

·   For Security Purposes. This could include protecting our company and consumers who use our products and services. It may also include protecting our Service.

·   As Otherwise Permitted By Law or As We May Notify You.

In the past twelve (12) months, we have collected, used, and disclosed the following categories of personal information, as such categories are defined by the California Consumer Privacy Act of 2018, as amended, along with related regulations (“CCPA”):

Category of Personal Information	Purposes of Collection	Third Party Disclosure for Business Purpose
A. Individual Identifiers (Contact Information, Email Address)	·   To Provide Our Products and Services·   To Improve Our Products and Services·   To Determine Your Eligibility and Set Up Your Account·   For Marketing Purposes·   To Communicate with You	·  With our hosting, ecommerce, and marketing service providers·  With our business partners
B. Customer Records Information (Submitted Information)	·   To Provide Our Products and Services·   To Improve Our Products and Services·   To Communicate with You·   To Respond to Your Requests or Questions	·  On a Service when you post publicly·  With our ecommerce and marketing service providers ·  With our business partners
C. Biometric Information (Account Information such as sleep, health, weight, diet)	·   To Provide Our Products and Services·   To Improve Our Products and Services·   To Communicate with You	·  We do not sell or disclose this information for a business purpose
D. Commercial Purchasing Information (Payment Information)	·   To Provide Our Products and Services·   To Improve Our Products and Services·   To Understand Your Interests·   To Determine Your Eligibility·   For Marketing Purposes·   To Communicate with You	·  With our ecommerce, shipping, e-mail distribution, market research, name and address verification, promotions management, and payment processing service providers  ·  With our hosting and security service providers
E. Internet or Network Activity (Device Information, Log Information, Cookies)	·   To Improve Our Products and Services·   For Marketing Purposes·   To Understand Your Interests·   For Security Purposes	·  With our hosting, security, and ecommerce service providers ·  With our marketing service providers
F. Geolocation Information	·   To Provide Our Products and Services·   To Improve Our Products and Services·   To Communicate with You	·  With our hosting, security, and ecommerce service providers
G. Inferences Drawn from Personal Information	·   To Improve Our Products and Services·   To Determine Your Eligibility·   To Provide our Products and Services	·  With our hosting and marketing service providers

We may also share your personal information in the following ways:

· With Any Successors to All or Part of Our Business or One of Our Brands. For example, if Simply Good merges with, acquires or is acquired, or sells a brand or part of its business to another business entity. This may include an asset sale, corporate reorganization or other change of control. We may sell or transfer our customer information as an asset or as part of a larger transaction action.

· To Comply With the Law or To Protect Ourselves or Others. For example, this could include responding to a court order or subpoena. It could also include sharing information if a government agency or investigatory body requests. We might share information when we are investigating a potential fraud.. We also may disclose personal information when 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 we are involved.

· Aggregate and De-Identified Information. We may share aggregate or de-identified information derived from Personal Information with third parties for marketing, advertising, research, or any other legally permissible purpose(s).

· Legal Purposes. To enforce our Terms of Use; for example, to protect the security of our Services, as required by law or when we believe that disclosure is necessary to protect our rights.

· For Other Reasons We May Describe to You at or before the Time of Collection.

4. Cookies and Other Technology

We and our third party service providers use cookies and other tracking technologies to track information about your use of our Site or Services. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

Cookies. Cookies are typically assigned to one of the following categories, depending on their function and intended purpose:

• Essential cookies enable you to navigate our Site and to use our Services and features. Without these cookies, our Site will not perform as smoothly for you, and we would not be able to provide certain core functions and features.
• Analytics cookies collect information about the use of our Site and enable us to improve the way it works. For example, analytics cookies show us the most frequently visited pages and analyze Site traffic. We use them to look at overall patterns of usage on the Site, rather than the usage of any particular individual. 
• Social Media cookies collect information about your visit to our site, but only when you are logged in to your social media account.
• Customer interaction cookies allow us to communicate with you.
• Marketing cookies track browsing habits and are used to deliver targeted (interest-based) advertising. See the Third Party Ad Networks section below for information on how to opt out of receiving interest-based ads.

Local Storage Objects. We may use Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions. To see the Flash LSOs currently on your computer, choose “Website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash LSO.

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 Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

5. Your Cookie and Tracking Choices

Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.

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 Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site and, to the extent permitted, our App. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. You may opt out of analytics by visiting the Google Analytics Opt-out page. 

Third-Party Ad Networks. We use third parties such as network advertisers to display advertisements on our Site, to assist us in displaying advertisements on third party websites, and to evaluate the success of our advertising campaigns. Network advertisers are third parties that display advertisements based on your visits to our Site as well as other websites. This enables us and these third parties to target advertisements by displaying ads for products and services in which you might be interested. Third party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information about your usage of our Site and our services, as well as aggregate or non-personally identifiable information about visitors to our Site and users of our Service.

You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page.

You also may opt out of ad networks that are members of NAI and DAA, by going to: www.networkadvertising.org/optout_nonppii.asp (NAI) and www.aboutads.info/choices (DAA).

Opting out of one or more NAI member or DAA member networks (many of which will be the same) 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. You may continue to receive advertisements, for example, based on the particular website 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 NAI or DAA opt-out may no longer be effective. Additional information is available on NAI’s and DAA’s websites accessible by the above links.

6. User-Generated Content

We invite you to post content on our Service (including our chatrooms/forums) such as your comments, pictures, and any other information that you choose to make available on a Service. If you post content to a Service, some or all of the information that you post will be available to visitors to that page, or product, or, in some cases, only registered users on our Site or App. If you post your own content on a Service, your posting may become public and we cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.

7. Third-Party Links

Our Site and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites. Other sites accessible through our Site have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. You should contact those sites directly if you have any questions about their use of the information that they collect. We are not responsible for the policies or practices of third parties. We cannot control their collection of information.

8. Security of Your Personal Information

We recognize the importance of maintaining the security of your personal information. We have implemented reasonable technical, administrative, and physical security measures designed to protect your personal information from unauthorized access, disclosure, use, and modification on the Services.  Please be aware that no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared device, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

9. What Choices Do I Have Regarding Use of My Personal Information?

In addition to your choices in Section 5 above, you have the following choices with respect to your personal information. If you provide us with your email address for that purpose, we may send periodic promotional or informational emails to you. You may opt-out of marketing communications by following the opt-out instructions contained in the e-mail or by contacting us by email at contactus@atkins.com or completing the form at www.atkins.com/contact-us. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.

To request removal of your personal information from a blog or community forum where you have posted it, contact us by email at contactus@atkins.com or complete the form at www.atkins.com/contact-us.aspx. To have personal information that you have submitted to a Service changed or deleted, follow the prompts in your account, send us an email at contactus@atkins.com or call us toll free 1-800-6ATKINS (1-800-628-5467). If you wish to cancel your account or request that we no longer use your information to provide you Services, follow the prompts in your account to close it, contact us by email at contactus@atkins.com, or complete the form at www.atkins.com/contact-us. In all cases, we may retain and use your information for archival purposes or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

10.  Children Under 13

The Services are intended for adults. Do not use a Service if you are under the age of 13. In accordance with the Children’s Online Privacy Protection Act (“COPPA”), in the event that we learn that we have collected personal information from a person age 13 without the appropriate consent pursuant to COPPA, we will delete that information as quickly as possible. If you believe that we might have any personal information from or about your child, please contact us at smplprivacy@simplygoodfoodsco.com. You can also write to us at the address listed at the end of this Policy. Please mark your inquiries “Children’s Information Request.” You can learn more about how to protect children’s privacy on-line here.

11.  Supplemental Information for California and EU Consumers

Pursuant to the CCPA, if you are a California consumer, you have the following rights:

Right to Know/Access.  You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months, including:

·   the categories of personal information we have collected about you;

·   the categories of sources from which your personal information is collected;

·   the business or commercial purpose of collecting or selling your personal information;

·   the categories of third parties with whom we share your personal information;

·   the specific pieces of personal information we have collected about you;

·   the categories of personal information that we have sold to third parties and the categories of third parties to which it was sold;

Please see the table in Section 3 above for more information.

Right to Delete/Erasure.  You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. 

Non-Discrimination. We will not discriminate against you for exercising any of your rights under California law.  Unless permitted by California law, we will not:

·   Deny you goods or services;

·   Charge you a different price or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;

·   Provide you a different level or quality of goods or services;

·   Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Opt-Out. The CCPA provides a right to opt-out of the sale of personal information as that sale is defined in the statute. We do not sell or disclose your personal information for valuable consideration, nor do we knowingly collect or sell the personal information of any consumer under 16. However, we may share information with third parties to help us better advertise to you. You may opt-out of targeted advertising by following the instructions in Section 5 above. 

In addition, if you are an EU Data Subject, as defined by the EU’s General Data Protection Regulation (“GDPR”), you may exercise the below Rights and Choices by emailing us at smplprivacy@simplygoodfoodsco.com or by mailing us at the physical address below:

Rectification. You may correct any personal information that we hold about you to the extent required and permitted by the GDPR. You may be able to make changes to much of the information you provided directly to the Service via your account settings menu.

Data Export. To the extent required by applicable law, we will send you a copy of your personal information in a common portable format of our choice.

Objection. Where we process information in accordance with our legitimate interests, you can object to that processing to the extent allowed by law. You can stop future collection of all information by the App by uninstalling it.

Regulator Contact. You have the right to contact or file a complaint with regulators or supervisory authorities about our processing of personal information. To do so, please contact your local data protection or consumer protection authority.

To exercise your rights, please submit a verifiable consumer request to us by emailing contactus@atkins.com or completing the form at www.atkins.com/contact-us.  To verify your identity we may ask you for additional information, which may include asking you to confirm other personal information you have provided to us.  We reserve the right to deny any requests for which identity cannot be verified.  If you have authorized another person to make a request on your behalf, that person must provide to us your written authorization allowing them to make such a request on your behalf.  We reserve the right to deny any request by an authorized agent if we are not reasonably able to confirm proper authorization.

12.  Retention

Subject to the earlier exercise of your rights and choices above, we will store your personal information for at least as long as you have an account on a Service but not longer than we deem necessary to fulfill the purpose for which the information was collected. We may keep your email as long as you do not revoke your consent to direct marketing. We will store your personal information collected through the Site as long as we deem reasonably necessary to provide the Services. We store log data, which may contain personal information, for less than six months. We are developing ways to retain your personal information for shorter periods and will update this Policy accordingly.

13.  Transfers

The United States, EU, European Economic Area (“EEA”) Member States, and other countries all have different laws. When your information is moved from your home country to another country, the laws and rules that protect your personal information in the country to which your information is transferred may be different from those in the country in which you live. For example, the circumstances in which law enforcement can access personal information may vary from country to country. In particular, if your information is in the US, it may be accessed by government authorities in accordance with US law.

To the extent that Simply Good is deemed to transfer personal information outside of the EEA, we rely separately, alternatively, and independently on the following legal bases to transfer your information:

Model Clauses. The European Commission has adopted standard contractual clauses (also known as Model Clauses), which provide safeguards for personal information that is transferred outside of Europe. We will use these Model Clauses when transferring personal information outside of Europe. You can request a copy of our Model Clauses by emailing smplprivacy@simplygoodfoodsco.com.

Necessary for the Performance of the Contract between You and Simply Good.  Simply Good provides a voluntary service; you can choose whether or not to use each Service, Site, and App. As we operate in countries worldwide and use technical infrastructure in the U.S. to deliver the Services to you, in accordance with the contract between us (our Terms of Use), we need to transfer your personal information to the U.S. and to other jurisdictions as necessary to provide the Services. We simply cannot provide you with the Services and perform our contract with you without moving your personal information around the world.  

14.  Contact Us

Please contact us by sending an email to contactus@atkins.com or you can write to us at:

Simply Good Foods USA, Inc. 

Attention: Legal Department/Privacy

1225 17^th Street, Suite 1000

Denver, CO 80202

For inquiries related to Shop.Atkins.com, please contact us by:

Email: atkins@worldpantry.com (Please include your order # if applicable)

Phone: 855-972-0514 (Toll-Free)

Monday – Friday,   7:30 AM to 9:00 PM ET

Saturday – Sunday,   9:00 AM to 5:00 PM ET