Last Updated: 11 June 2018
Turn On Beverages Inc. (“ we”, "us", “our ”), whose details are provided at the end of this privacy notice (" Privacy Notice "), is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Notice describes our practices in connection with personal information that we collect through websites operated by us from which you are accessing this Privacy Notice (the “Websites ”), through the software applications made available by us for use on or through computers and mobile devices (the “ Apps ”) through our social media pages that we control from which you are accessing this Privacy Notice (collectively, our “ Social Media Pages ”), as well as through HTML-formatted email messages that we send to you that link to this Privacy Notice and information that we collect offline, such as through forms you may fill to enter a sweepstakes or contest (collectively, including the Websites, the Apps and our Social Media Pages, the “ Services ”).
Personal Information We Can Collect
“ Personal Information ” is information that identifies you as an individual, including:
Postal address (including billing and shipping addresses)
Date of birth
Credit and debit card number
Social media account ID
Username and password
If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Notice.
How We Collect Personal Information
We and our service providers collect Personal Information in a variety of ways, including:
Through the Services : We collect Personal Information through the Services, e.g., when you sign up for a newsletter, create an account or make a purchase.
Offline : We collect Personal Information from you offline, such as when you visit a store selling our products, attend a trade show, attend an event we sponsor, place an order over the phone or contact customer service.
From Other Sources : We can receive your Personal Information from other sources, such as public databases; joint marketing partners; social media platforms; from people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. For example, if you elect to connect your social media account to your Services account, certain Personal Information from your social media account will be shared with us, which can include Personal Information that is part of your profile or your friends’ profiles.
How We Can Use Personal Information
We use Personal Information for the reasons set out below:
To provide the Services, to fulfill a contract, or take steps linked to a contract. This includes:
To complete and fulfill your purchase or redemption, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase or redemption and provide you with related customer service in the execution of a contract entered into between you and us.
As required to conduct our business and pursue our legitimate interests, in particular:
To respond to your inquiries and fulfill your requests, such as to send you newsletters.
To monitor use of our websites and online Services, and using your information to help us monitor, improve and protect our products, the Services and websites, both online and offline.
To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies.
To send you marketing communications of our Services that we believe may be of interest to you, although we may need your consent under certain circumstances.
To offer you information that is relevant to you, to personalize your experience on the Services by presenting content, products and offers tailored to you. For example, we may display content or send you emails that we believe may interest you based on your Personal Information, social media account profile and activity, demographic information, physical location, and activity on our Services.
To allow you to participate in sweepstakes, contests and similar promotions and managing such sweepstakes, contests and promotions. Some of these activities have additional rules, which can contain additional information about how we use and disclose your Personal Information, so we suggest that you read those additional rules carefully.
For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
For purposes which are required by law:
In compliance with legal obligations (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
Consistent with your choices and consent (where applicable):
We will send you direct marketing in relation to our relevant products and Services, or other products and services provided by us and our affiliates;
We place cookies and use similar technologies as described under the 'Other Information' section;
On other occasions where we ask you for consent, we will use the data for the purposes which we explain at that time.
How Personal Information Can Be Disclosed
Your Personal Information can be disclosed:
To third parties to permit them to send you marketing communications, if you have opted in to such sharing.
To third party sponsors or co-sponsors of sweepstakes, contests and similar promotions, if you have opted in to such sharing and to the use of your personal data for such purposes.
By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials (including, without limitation, our Social Media Pages). Please note that any information you post or disclose through these services will become public information, and can be available to users of the Services and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Services.
To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
As necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
Other Information We Can Collect
“ Other Information ” is any information that may not reveal your specific identity or does not directly relate to an individual, such as:
Browser and device information
App usage data
Information collected through cookies, pixel tags and other technologies
Demographic information and other information provided by you
How We Can Use and Disclose Other Information
If we are required to treat Other Information as Personal Information under applicable law, then we can use it for all the purposes for which we use and disclose Personal Information.
Otherwise we can use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law.
In some instances, we can combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.
How We Can Collect Other Information
We and our third party service providers can collect Other Information in a variety of ways, including:
Through your browser or device : Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, device performance benchmarks and capabilities, installed plugins, mouse clicks or cursor position, page scroll position, time spent on the services, pages visited, referral pages and keywords used if coming from a search engine, language, Internet browser type and version, the name and version of the Services (such as the App) you are using, and other anonymous traffic data. We use this information to ensure that the Services function properly and to personalize your experience while using the Services. For example, we may use and combine such information, in combination with IP address, to create a unique ID that identifies your browser or device to us with reasonable certainty. This unique ID enables us to track your activity on our Services and to display content that we believe will interest you based on such activity.
Through your use of the App : If you download and use the App, we and our service providers track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App.
Using cookies : Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation, display information more effectively, and to personalize your experience while using the Services, as well as for online tracking purposes. We can recognize your computer to assist your use of the Services. We also gather statistical information about the usage of the Services in order to continually improve the design and functionality, understand how the Services are used and to assist us with resolving questions regarding the Services.
Using pixel tags and other similar technologies : Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.
IP Address : Your “ IP Address ” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. We use IP Addresses for purposes such as calculating usage levels of the Services, helping diagnose server problems, and administering the Services.
Physical Location: We may collect the physical location of your device by, for example, using IP address, satellite, cell phone tower or WiFi signals. We can use your device’s physical location to provide you with personalized location-based services and content. In some instances, you may be permitted to allow or deny such uses of your device’s location, but if you choose to deny such uses, we may not be able to provide you with the applicable personalized services and content.
From you : Information such as your location, as well as other information, such as your preferred means of communication, is collected when you voluntarily provide this information. Unless combined with Personal Information, this information does not personally identify you or any other user of the Services.
By aggregating information : Aggregated Personal Information does not personally identify you or any other user of the Services, (for example, we can aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).
THIRD PARTY SERVICES
This Privacy Notice does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link (including links to videos on our Services hosted by third parties such as YouTube or Vimeo). The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.
Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, Yahoo!, Twitter, Pinterest, Tumblr or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media Pages.
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us in accordance with the “Contacting Us”section below.
CHOICES AND RIGHTS
Where applicable under EU law, you may have a right to object to some of the processing we carry out. More information about your rights, and how to exercise them, is set out below.
Your choices regarding our use and disclosure of your Personal Information
We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes in accordance with your legal rights. In addition to other choices we may provide, you may also opt-out from:
Receiving electronic communications from us : If you no longer want to receive marketing-related emails from us on a going-forward basis, you can opt-out of receiving these marketing-related emails by emailing ()
Our sharing of your Personal Information with affiliates for their direct marketing purposes: If you would prefer that we do not share your Personal Information on a going-forward basis with our affiliates for their direct marketing purposes, you may opt-out of this sharing by emailing us at ()
We will review your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages.
How you can access, change or delete your Personal Information
If you would like to request to review, correct, update, suppress, restrict or delete Personal Information about you, object to the processing of Personal Information about you, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you can email us at () or write to us using the contact details set out at the end of this Notice. We will respond to your request consistent with applicable law.
These rights may be limited, for example if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping.
If you have unresolved concerns, you have the right to complain to a data protection authority where you live, work or where you believe a breach may have occurred.
If you are a resident of California, under 18 and a registered user of the Services, you may ask us to remove content or information that you have posted to the Services by writing to by email at () or write to us by using the contact details set out at the end of this Notice.
Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.
Whenever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice and during the period required or permitted by law or as long as it may be necessary for the exercise or defense of legal claims. For example, if you enter into a contract with us we will keep your personal data during the contract and, after, for a period of time for the exercise or defense of legal claims.
USE OF SERVICES BY MINORS
The Services are not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the Services.
The Services are controlled and operated by us from the United States and your personal data will be transferred outside the European Economic Area ("EEA"). Such international transfers of personal data are possible either because there is an adequacy decision issued by the European Commission or because we have put in place appropriate safeguards. You may request us to provide further information in this regard or to provide you with a copy of the appropriate safeguard by contacting us by any means of contact included within this Privacy Notice.
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, trade union membership, sex life or sexual orientation) on or through the Services or otherwise to us.