Privacy Policy

Privacy Policy

Last updated: March 1, 2024

Simply Good Foods USA, Inc., and its affiliates, including Quest Nutrition, LLC (“Simply Good,” “we,” or “us“) provides this Privacy Policy (“Policy“) to inform you of our personal information handling practices as a business or controller for personal information that we obtain about visitors to atkins.com or any other web and mobile sites and applications operated by us that link to this Policy (the “Site”) and through the features and services available through the Site, including for registered users interested in low carbohydrate eating (the “Services”).

1.

Information We Collect About You

We collect information about you directly from you as well as automatically through your use of the Site or our Services.

  • Information We Collect Directly From You.  We collect information from you when you interact with our Site and Services. The type of information that we collect from you varies based on your particular interaction with our Site, but may include, without limitation, your name, address, and email address, and any other information that you choose to provide. If you register through our Site, we will ask questions including related to your health to allow us to provide information regarding a low carbohydrate diet based on scientific research. Registered users have options to track information about their health such as weight, physical activity, fluid intake and body measurements.
  • Information We Collect Automatically.  We may automatically collect the following information about your use of our Site or Services through cookies, web beacons, and other similar technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; your location; 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 may combine this information with other information that we collect about you. Please see the section “Cookies and Other Tracking Technologies” below for more information.

2.

How We Use Your Information

We use your information, including your personal information, for the following purposes:

  • Establish and verify your identity and the accuracy of your information.
  • Provide our Site and Services to you and carry out our obligations arising from any contracts entered into between you and us.
  • Administer, facilitate, and improve the features on our Site, as well as to ensure that content from our Site is presented in the most effective manner for you and your device.
  • Communicate with you, such as to respond to your inquiries, to send you information that you have requested, and to send you administrative information including information about our sites and changes to our services, terms, conditions, or policies.
  • Measure and understand the effectiveness of the advertising we serve to you and others and deliver relevant advertising to you.
  • To the extent permitted by applicable laws, to provide you, or allow select third parties to provide you with announcements or other information we think may interest you. You may opt out of receiving marketing communications from us or our affiliates by using the form available at: http://www.thesimplygoodfoodscompany.com/contact-ir, or by unsubscribing through the unsubscribe or opt-out link in an email.
  • Better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and Services, respond to user desires and preferences, develop new products and services, and for other research and analytical purposes.
  • Handle and record consumer rights requests, including opt-ins and opt-outs.
  • Monitor and enhance the safety and security of our sites, including to prevent fraud or other unauthorized or illegal activity.
  • Conduct internal audits and investigations.
  • Comply with laws and regulatory requirements, enforce our terms and conditions, respond to lawful requests, court orders, and legal processes, and protect and defend the rights, property, or safety of us, our affiliates, employees, customers, users, and others.

3.

How We Disclose Your Information

We may disclose the personal information described in Section 1 with:

  • Our Service Providers.  We may disclose your information to third party service providers to assist us in bringing our Site and Services to you, responding to your requests, and improving our Site and Services. We also may engage advertising partners and third parties to assist us in targeted advertising and marketing our own products and services.
  • Other third parties in the following circumstances:
    • Advertising. We also may engage advertising partners to assist us in targeted advertising and marketing our own products and services.
    • Business Transfers.  If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
    • In Response to Legal Process.  We may disclose the information we collect from you to government agencies or other state authorities 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.
    • To Protect Us and Others.  We may disclose the information we collect from you 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 we are involved.
    • Aggregate and De-Identified Information.  We may disclose aggregate or de-identified information about users with analytics companies for marketing, advertising, research or similar purposes. If we process de-identified information, we will maintain the information in a deidentified form and not attempt to reidentify the information, except that we may attempt to reidentify the information solely for the purpose of determining whether its deidentification process satisfy legal requirements.
    • Legal Purposes.  To enforce our Terms of Use; for example, to protect the security of our Site, as required by law or when we believe that disclosure is necessary to protect our rights.

4.

Cookies and Other Tracking Technologies

We and our third party service providers use cookies and other similar 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).

Our Site uses the following types of cookies:

  • 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 as we would like, and we may 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.  

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.

Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking by, for example, disabling cookies.

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 do not exercise control over third party websites and 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 the privacy policies of the other websites you visit and contact these sites directly if you have any questions about their use of the information that they collect.

6.

Security of My Personal Information

We have implemented technical, administrative, and physical security measures designed to protect your information from being accidentally lost and from unauthorized access, disclosure, use, and modification.  Please be aware that no data security measures can guarantee 100% security. 

7.

Your Rights and Choices

Individuals in certain jurisdictions have legal rights to obtain confirmation of whether we hold personal information about them, to access personal information we hold about them (including, in some cases, in portable form), and to obtain its source, correction, purpose of collection, update, amendment or deletion in appropriate circumstances. They may also object to our uses or disclosures of personal information, request a restriction on its processing, or withdraw any consent, though such actions typically will not have retroactive effect. They also will not affect our ability to continue processing data in lawful ways. Colorado residents specifically have the right to opt out, right of access, right to correction, right to deletion, and right to data portability. To exercise any of the rights or choices described above (or any other rights under applicable law), please contact us as described at the end of this Privacy Policy.

To provide you with more interesting and customized information, promotions, and advertising, we disclose personal data to third-party providers of advertising services who may use such personal data for their own purposes or to serve other customers, including to display our advertisements to you on sites and services that we do not operate. If you reside in certain states in the United States, including California, Colorado, Connecticut, Virginia and Utah, you have or will soon have the right to opt out of the use of your personal data for these targeted advertising or cross-context behavioral advertising purposes. To submit such a request, please click the following link: “Do Not Sell or Share My Personal Information // Your Opt-Out Rights”  in which case we will respond to your request in accordance with applicable law.

The rights and options described above are subject to limitations and exceptions under applicable law. We will respond to your requests to exercise your privacy rights in accordance with applicable law. We may request additional information from you to verify your identity and complete your request. If we deny your request, we will explain why. In some states in the United States, such as Colorado, you have the right to appeal our denial, which you may exercise by responding to the message we send to you communicating our denial stating that you appeal our decision. In these cases, we will reconsider your request and then notify you of our decision.

If you wish to opt-out of receiving communications from us, please use the form available at: http://www.thesimplygoodfoodscompany.com/contact-ir or email SMPLPrivacy@simplygoodfoodsco.com.

8.

Supplemental Information for California Consumers

California residents, please see our California Consumer Privacy Act Disclosures here.

9.

International Data Transfers

Your personal information may be disclosed to employees, representatives, or other third parties including our service providers operating outside of the country you are based and who work for, or are engaged by us or our affiliates in other countries, including the USA and in other countries that we operate. We note that these persons and third parties may also store, transfer, or access personal information outside of the country you are based. In disclosing your personal information overseas, we will take such steps as are reasonable in the circumstances to require that overseas recipients protect your personal information in accordance with applicable laws.

10.

Contact Us

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

Simply Good Foods USA, Inc.
Attention: Legal Department/Privacy
1225 17th Street, Suite 1000
Denver, CO 80202

11.

Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you we will post a prominent notice on our website and/or provide other notice