Privacy Policy

Bloom Nutrition Privacy Policy 

Last Updated: September 30, 2022 

1. Acceptance of Privacy Policy 

Welcome to Bloom Nutrition (“Bloom” “we” or “us”) and our Privacy Policy (“Privacy Policy”). This  Privacy Policy is important and affects your legal rights, so please read carefully. 

By accessing or using bloomnu.com and various related websites and services (collectively, the “Bloom Services”), you agree to be bound by this Privacy Policy and all of the terms incorporated herein by reference. By using the Bloom Services and/or submitting or collecting any personal data via the Bloom Services, you accept and expressly consent and agree to our practices surrounding the collection, use, and  sharing of your personal information in accordance with this Privacy Policy. If you do not consent and  

agree with the terms of this Privacy Policy, you cannot, and we do not authorize you to, access, browse, or  use the Bloom Services. 

Our processing of personal information, such as your name, address, e-mail address, or telephone number,  shall be undertaken consistent with the requirements of applicable privacy laws, including, but not limited  to, the California Consumer Privacy Act (“CCPA”), the General Data Protection Regulation (“GDPR”), the  UK General Data Protection Regulation (“UK GDPR”), and the Canadian Personal Information Protection  and Electronic Documents Act (“PIPEDA”).  

2. Information We Collect 

2.1 Personal Information We Collect Directly from You 

We receive personal information directly from you when you voluntarily provide us with such personal  information, including, without limitation, the following: 

(1) personal information (such as your e-mail address and phone number); 

(2) company information (such as your company’s address); and 

(3) other identifying information that you voluntarily choose to provide to us, including without  limitation unique identifiers such as passwords, and personal information in messages you send to us. 

We may also collect additional information, which may be personal information, as otherwise described to  you at the point of collection or pursuant to your consent. 

2.2 Information We Automatically Collect When You Use Our Site 

In order to access and use certain areas or features of the Bloom Services, you consent to our collection and  use of certain information about your use of the Bloom Services through the use of tracking technologies  or by other passive means. Your consent to our access and use of this “passively collected” information  includes, but is not limited to, the domain name of the website that allowed you to navigate to the Bloom 

Services, search engines used, the internet protocol (IP) address used, the length of time spent on the Bloom Services, the pages you looked at on the Bloom Services, other webpages you visited before and after  visiting the Bloom Services, the type of device and/or internet browser you have, the frequency of your  visits to the Bloom Services, and other relevant statistics (collectively “Traffic Data”): 

3. How We Collect Information 

We collect information (including personal information and Traffic Data) when you use and interact with  the Bloom Services, and in some cases from third party sources. Such means of collection include: 

• When you use the Bloom Services’ interactive tools and services; 
• When you voluntarily provide information in free-form text boxes through the Bloom Services or  through responses to surveys, questionnaires and the like; 
• If you use a location-enabled browser, we may receive information about your location and mobile  device, as applicable; 
• Through Cookies, web beacons, analytics services and other tracking technology (collectively,  “Tracking Tools”), as described below; and 
• When you use the “Contact Us” function on the Bloom Services, send us an email or otherwise  contact us. 
• The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

4. Tracking Tools, Behavioral Advertising, and Opt Out Options

4.1. Tracking Tools 

We may use tools outlined below in order to provide the Bloom Services, advertise to, and better understand  users. 

• Cookies: “Cookies” are small computer files transferred to your computing device that contain  information such as user ID, user preferences, lists of pages visited and activities conducted while  using the Bloom Services. We use Cookies to improve or tailor the Bloom Services, customize  advertisements by tracking navigation habits, measuring performance, and storing authentication  status so re-entering credentials is not required, customize user experiences with the Bloom Services, and for analytics and fraud prevention. For more information on Cookies, including how  to control your Cookie settings and preferences, visit http://www.allaboutCookies.org. You can  manage Cookies in your web browser (for example, Edge, Explorer, Chrome, Safari, etc.) settings,  and you always have the choice to change these settings by accepting, rejecting, or deleting  Cookies. If you choose to change your settings, you may find that certain functions and features of  the Bloom Services will not work as intended. Cookie settings are slightly different depending on  the browser used, so to manage Cookies, you should refer to the program documentation and the  relevant settings within your particular browser. The follow details the types of Cookies we use  and why we use them: 

o Absolutely necessary Cookies. These Cookies are essential to enable you to move around  a website and use its features. Without these Cookies, services you have asked for, like  adding items to an online order, cannot be provided. 

o Performance Cookies. These Cookies collect information about how you use our Bloom Services. Information collected includes, for example, the Internet browsers and  operating systems used, the domain name of the website previously visited, the number  of visits, average duration of visit, and pages viewed. These Cookies do not collect  information that personally identifies you and only collect aggregated and anonymous  information. Performance Cookies are used to improve the user-friendliness of a website  and enhance your experience. 

o Functionality Cookies. These Cookies allow the Bloom Services to remember choices you  make (such as your username or ID, language preference, or the area or region you are in)  and provide enhanced, more personal features. These Cookies can also be used to  remember changes you have made to text size, fonts, and other customizable parts of web pages. They may also be used to provide services you have asked for, such as watching a  video or commenting on a blog. The information these Cookies collect may be  anonymized, and they cannot track your browsing activity on other websites. 

o Cart Cookies. Bloom uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

• Web Beacons: “Web Beacons” (a.k.a. clear GIFs or pixel tags) are tiny graphic image files  embedded in a web page or email that may be used to collect information about the use of our  Bloom Services, the websites of selected advertisers and the emails, special promotions or  newsletters that we send. The information collected by Web Beacons allows us to analyze how  many people are using the Bloom Services, using selected publishers’ websites or opening emails,  and for what purpose, and also allows us to enhance our interest-based advertising (discussed  further below). 
• Web Service Analytics: We may use third-party analytics services in connection with the Bloom Services, including, for example, to register mouse clicks, mouse movements, scrolling activity and  text typed into the Bloom Services. We use the information collected from these services to help  make the Bloom Services easier to use and as otherwise set forth in Section 5 (How We Use Your  Information). These analytics services generally do not collect personal information unless you 

voluntarily provide it and generally do not track your browsing habits across web services that do  not use their services. 

• Mobile Device Identifiers: As with other Tracking Tools, mobile device identifiers help Bloom learn more about our users’ demographics and internet behaviors in order to personalize and  improve the Site. Mobile device identifiers are data stored on mobile devices that may track mobile  device and data and activities occurring on and through it, as well as the applications installed on  it. Mobile device identifiers enable collection of personal information (such as media access  control, address and location) and Traffic Data. 

4.2. Behavioral Advertising 

We may use a type of advertising commonly known as interest-based or online behavioral advertising. This  means that some of our partners use Tracking Tools to collect information about a user’s online activities  to display Bloom ads to the user based on the user’s interests (“Behavioral Advertising”). Such partners  may include third-party service providers, advertisers, advertising networks or platforms, traffic  measurement service providers, marketing analytics service providers, and other third-party service  providers (collectively, “Advertising Service Providers”). Other Tracking Tools used by our partners may  collect information when you use the Site, such as IP address, mobile device ID, operating system, browser,  web page interactions, geographic location and demographic information, such as gender and age range.  These Tracking Tools help Bloom learn more about our users’ demographics and internet behaviors. 

4.3. Options for Opting out of Cookies and Mobile Device Identifiers 

If we process Cookies based on your consent (as indicated at the time of collection of such data), you have  the right to withdraw your consent at any point in time by contacting us at Bloomsupps@gmail.com. Please  note, that if you exercise this right, you may have to then provide your consent on a case-by-case basis for  the use by us or disclosure of certain Cookies, if such use or disclosure is necessary to enable you to utilize  some or all of our services. 

Some web browsers allow you to reject Cookies or to alert you when a Cookie is placed on your computer,  tablet or mobile device. You may be able to reject mobile device identifiers by activating the appropriate  setting on your mobile device. Although you are not required to accept Bloom’s Cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Bloom Services. 

• You may opt out of receiving certain Cookies and certain trackers by visiting the Network  Advertising Initiative (NAI) opt out page or the Digital Advertising Alliance (DAA) opt out page,  or by installing the DAA’s AppChoice app (for iOS; for Android) on your mobile computing  device. When you use these opt-out features, an “opt-out” Cookie will be placed on your computer,  tablet or mobile computing device indicating that you do not want to receive interest-based  advertising from NAI or DAA member companies. If you delete Cookies on your computer, tablet  or mobile computing device, you may need to opt out again. For information about how to opt out  of interest-based advertising on mobile devices, please visit  http://www.applicationprivacy.org/expressing-your-behavioral-advertising-choices-on-a-mobile 

device. You will need to opt out of each browser and device for which you desire to apply these  opt-out features. 

• Even after opting out of Behavioral Advertising, you may still see Bloom advertisements that are  not interest-based (i.e., not targeted toward you). Also, opting out does not mean that Bloom is no  longer using Tracking Tools — Bloom still may collect information about your use of the Bloom Services even after you have opted out of Behavioral Advertising and may still serve  advertisements to you via the Bloom Services based on information it collects via the Bloom 

Services. 

This Privacy Policy does not cover the use of Cookies and other Tracking Tools by any third parties, and  we aren’t responsible for their privacy policies and practices. Please be aware that some Cookies placed by  third parties can continue to track your activities online even after you have left the Bloom Services. 

4.4. How Bloom Responds to Browser “Do Not Track” (DNT) Signals 

Some web browsers (including Safari, Internet Explorer, Firefox and Chrome) incorporate a “Do Not  Track” (DNT) or similar feature that signals to web services that a visitor does not want to have their online  activity and behavior tracked. If a web service operator elects to respond to a particular DNT signal, the  web service operator may refrain from collecting certain personal information about the browser’s user.  Not all browsers offer a DNT option and there is currently no industry consensus as to what constitutes a  DNT signal. For these reasons, many web service operators, including Bloom, do not proactively respond  to DNT signals. For more information about DNT signals, visit http://allaboutdnt.com. 

5. How We Use Your Information

We do not engage in automated decision making. We may use information (including information that has  been de-identified and/or aggregated) to better understand who uses the Bloom Services and how we can  deliver a better user experience. We use information, including personal information, to provide the Bloom Services and to help improve the Bloom Services, to develop new services, and to advertise (for example,  to display Bloom ads on other web services). Specifically, such use may include: 

• Providing you with the products, services and information you request; 
• Corresponding with you; 
• Providing, maintaining, administering or expanding the Bloom Services, performing business  analyses, or for other internal purposes to support, improve or enhance our business, the Bloom Services, and other products and services we offer; 
• Sending you information about Bloom or our products or the Bloom Services; 

• Combining information received from third parties with information that we have from or about  you and using the combined information for any of the purposes described in this Privacy Policy; • Showing you advertisements, including interest-based or online behavioral advertising; • Using statistical information that we collect in any way permitted by law, including from third  parties in connection with their commercial and marketing efforts; 
• Fulfilling our legally required obligations, such as preventing, detecting and investigating security  incidents and potentially illegal or prohibited activities; 
• Protecting against or deterring fraudulent, illegal, or harmful actions; and 
• Enforcing our Privacy Policy and other agreements. 

By providing your e-mail and/or phone number and checking a box, clicking the “complete” button, or  some other affirmative act, you are consenting to receive e-mails and/or calls and text messages, including  live, prerecorded, and/or automated calls and text messages and alerts, to that phone number. After signing  up, you will receive a confirmation e-mail or text message from Bloom on your mobile number. This  agreement is not entered into as a term or requirement of any purchase or promotion. Normal message and  data rates may apply. Message frequency may vary. Neither we nor the participating carriers guarantee that  messages will be delivered. We may discontinue these programs at any time without notice. 

6. How We Share Your Information 

In certain circumstances, and in order to perform the Bloom Services, we may share certain information  that we collect from you, as described in this section: 

• We do not sell your personal information to third parties. We may share your personal information with our partners to customize or display our advertising. 
• We may share your personal information and/or Traffic Data with our partners who perform  operational services (such as hosting, billing, fulfillment, data storage, security, insurance  verification, web service analytics, or ad serving) and/or who make certain services, features or  functionality available to our users. 
• To determine if users have interacted with content across multiple devices and to match such  devices, we work with partners who analyze device activity data and/or rely on your  information (including demographic, geographic and interest-based data). To supplement this  analysis, we also provide de-identified data to these partners. Based on this data, we may then  display targeted advertisements across devices that we believe are associated or use this data to  further analyze usage of the Bloom Services across devices. 
• We may transfer your personal information to another company in connection with a proposed  merger, sale, acquisition or other change of ownership or control by or of Bloom (whether in whole  or in part). Should one of these events occur, we will make reasonable efforts to notify you before  your information becomes subject to different privacy and security policies and practices. 
• We also may need to disclose your personal information or any other information we collect about  you if we determine in good faith that such disclosure is needed to: (1) comply with or fulfill our  obligations under applicable law, regulation, court order or other legal process; (2) protect the  rights, property or safety of you, Bloom or another party; (3) enforce this Privacy Policy or other  agreements with you; or (4) respond to claims that any posting or other content violates third-party  rights. 

7. Storage and Security of Information 

Please note that any information you send to us electronically, while using the Bloom Services or  otherwise interacting with us, may not be secure when it is transmitted to us. We recommend that you do  not use unsecure channels to communicate sensitive or confidential information to us. Please be aware though that, despite our best efforts, no security measures are perfect or impenetrable, and we cannot  guarantee “perfect security.” Any information you send us through any means is transmitted at your own  risk. 

8. Your Choices 

8.1 Information You Provide 

You can always choose whether or not to provide personal information through the Bloom Services.  However, if you choose not to disclose certain personal information, you may not be able to register as a  user of the Bloom Services, which may limit your access to certain portions of the Bloom Services. We will  not discriminate against you for exercising any of your rights, including otherwise denying you goods or  services, providing you with a different level or quality of services, or charging you different prices or rates  for services.  

8.2 California Privacy Rights 

In the preceding 12 months, we collected and disclosed for a business purpose the following categories of  personal information about California consumers: 

Purposes for Collection, Use, and Sharing. We use and disclose the personal information we collect for  our commercial purposes, as further described in this Privacy Policy, including for our business purposes  with our partners and service providers as follows: 

• Auditing related to our interactions with you; 
• Legal compliance; 
• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity,  and exercising our related rights; 
• Debugging; 
• Performing services (for us or our service provider); 
• Internal research for technological improvement; 
• Internal operations; 
• Activities to maintain and improve our services; and 
• Other one-time or short-term uses. 

Your Rights. Where applicable, if you are a California resident you may have the following rights under  the CCPA in relation to personal information we have collected about you, to the extent required by the  CCPA and subject to verification and any applicable exceptions: 

Right to Know/Access: You have the right to request that we disclose certain information to you about  our collection and use of certain personal information about you as described below: 

• The specific pieces of personal information collected; 
• The categories of personal information collected; 
• The categories of sources from whom the personal information is collected; 
• The purpose for collecting the personal information; and 
• The categories of third parties with whom we have shared the personal information. Right to Delete: You have the right to request that we delete your personal information. 

Freedom from Discrimination: You have the right to be free from unlawful discrimination for exercising  any of the rights above.

To make a request in relation to the above rights, please contact us using the information in Section 13 below. To fulfil your request, we will need to verify your identity. 

Only you, or someone legally authorized to act on your behalf, may make a request related to personal  information collected about you. To designate an authorized agent, the authorized agent must provide  sufficient information that allows us to reasonably verify that they have been authorized by you to act on  their behalf. 

8.3 Canada, European Union and United Kingdom Privacy Rights 

If our processing of your personal information is subject to the European Union General Data Protection  Regulation, the UK General Data Protection Regulation, and/or the Canadian Personal Information  Protection and Electronic Documents Act, and unless subject to an exemption, you may have the  following rights with respect to your personal data as applicable: 

• The right to request a copy of your personal data which we hold about you and where possible, to  transmit that data directly to another data controller; 
• The right to request that we correct any personal data about you; 
• The right to request your personal data be erased where it is no longer necessary for us to retain  such data; 
• The right to withdraw your consent at any time to the processing of personal data to which you  provided consent for processing; 
• The right to request that we provide you with a copy of your personal data; 
• The right, where there is a dispute in relation to the accuracy or processing of your personal data,  to request a restriction be placed on further processing; 
• The right to object to the processing of personal data (where applicable); and • The right to lodge a complaint with a data supervisory authority. 

Please note that we will need to verify your identity before we are able to process any of the requests described in this Section 8, and in our discretion, may deny your request if we are unable to verify your identity. As a part of this process, government or other identification may be required. 

If you are a resident of the European Economic Area (“EEA”), when we process your personal data, we will only do so in the following situations: 

• We need to use your personal data to perform our responsibilities under our agreement with you; • We have a legitimate interest in processing your personal data. For example, we may process your personal data to send you marketing communications, to communicate with you about changes to the TouchPoint Services, and to provide, secure, and improve the TouchPoint Services. • We have your consent to do so. 

If your personal data is subject to the GDPR or UK GDPR, we will transfer personal data from the EEA to a location outside the EEA only when there has been a documented adequacy determination, or where we have confirmed adequate privacy protections. If we transfer personal data to a third party acting as our agent, we will also obligate the third party to have adequate privacy protections in place. 

If your personal data is subject to PIPEDA, we will transfer personal data from Canada to locations outside of Canada only where we have confirmed adequate privacy protections. If we transfer personal data to a third party acting as our agent, we will also obligate the third party to have adequate privacy protections in place.

9. How Long We Retain Your Information 

We retain personal information about you for as long as necessary to provide you the Bloom Services. In  some cases, we retain personal information for longer, if doing so is necessary to comply with our legal  obligations, resolve disputes or collect fees owed, prevent fraud, enforce this Privacy Policy, or as otherwise  permitted or required by applicable law, rule or regulation. Afterwards, we retain some information in a  de-identified and/or aggregated form but not in a way that would identify you personally. 

10. Information Provided on Behalf of Children and Others 

The Bloom Services is not intended for use by children and individuals under the age of 18 are prohibited  from using the Bloom Services. Bloom does not knowingly collect any information from children, nor is the Bloom Services directed to children. If you are under 18, please do not attempt to register for the Bloom Services or send any personal information about yourself to us. By accessing, using and/or submitting  information to or through the Bloom Services, you represent that you are not younger than age 18. If you  are a parent or legal guardian of a minor child, you may, in compliance with this Privacy Policy, use the  Bloom Services on behalf of such minor child. Any information that you provide us while using the Bloom Services on behalf of your minor child will be treated as personal information as otherwise provided herein. If you use the Bloom Services on behalf of another person, regardless of age, you represent and warrant  that you have authority to do so.  

11. Third Party Pixels and Cookies
    

When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout. This information can also be found here: https://retention.com/support/update-privacy-policy/ 

11. Third Party Web Services 

The Site contains links to or embedded content from third party web services. A link to or embedded content  from a non-Bloom web service does not mean that we endorse that web service, the quality or accuracy of  information presented on the non-Bloom web service or the persons or entities associated with the non Bloom web service. If you decide to visit a third party web service, you are subject to the privacy policy  of the third party web service as applicable and we are not responsible for the policies and practices of the  third party web service. We encourage you to ask questions before you disclose your information to others. 

12. Updates and Changes to Privacy Policy 

The effective date of this Privacy Policy is set forth at the top of this webpage. We will notify you of any  material change by posting notice on this webpage. Your continued use of the Bloom Services after the  effective date constitutes your acceptance of the amended Privacy Policy. We encourage you to periodically  review this page for the latest information on our privacy practices. Any amended Privacy Policy supersedes  all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY,  YOU MUST STOP USING THE Bloom SERVICES AFTER THE EFFECTIVE DATE OF SUCH  CHANGES. 

13. Contact Us 

The data controller for the purposes of GDPR, UK GDPR, PIPEDA or other data protection laws is Bloom. 

If you have any comments, concerns or questions about this Privacy Policy, please contact us at  Bloomsupps@gmail.com or at:  

Bloom Nutrition LLC 

Attn: Privacy Compliance Officer 

PO Box 552, Orient, NY 11957 United States