Privacy Policy

Last Updated: July 12, 2024

American Fruits and Flavors, LLC (“AFF”, “we”, “us”, “our”) is committed to protecting the privacy and security of the personal information we collect and wants you to be familiar with how we collect, process, and disclose your personal information. This privacy policy (the “Privacy Policy”) describes our policies and practices for handling personal information that we collect from or about you both online and offline. It applies to the websites (the “Websites”), the software applications (the “Apps”), the social media pages (collectively, our “Social Media Pages”), email messages that we operate, and any other tools or locations that link to this Privacy Policy (collectively the “Services”).

I. PERSONAL INFORMATION WE COLLECT

Information you provide directly to us. We may collect the following categories of personal information when you use and interact with our Services, including when you download or launch our Apps, or when the application is running on your device in the background:

1. Identifiers, such as a real name, alias, postal address, unique personal identifier, online identifier, email address, telephone number, account name, username and password, social security number, driver’s license number, passport number, or other similar identifiers;
2. Demographic information, including date of birth, gender, country;
3. Financial information, such as credit and debit card number and billing address;
4. Commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or activity;
5. Geolocation or precise geolocation data, including information derived from your GPS, WiFi, Bluetooth signals, IP address, and other device information;
6. Device information, such as type of device, operating system, IP address, device identifiers;
7. Audio, electronic, visual information, such as profile picture or CCTV images;
8. Internet or other electronic network activity information, such as browsing history, search history, and information regarding your interaction with an internet website application, or advertisement; and
9. Inferences drawn from any of this personal information, such as your favorite teams or products or your communications preferences.

Information we collect automatically. We may collect internet, electronic activity, and other information automatically from the devices and browsers that you use, including your device type; IP address; device and advertising identifiers, probabilistic identifiers, and other unique personal or online identifiers; time zone setting and location; browser type and version; browser plug in types and versions; operating system and platform; Internet service provider; pages that you visit before and after using the Services, browsing history, and search history; the date and time of your visit; information about the links you click, pages you view, and advertising you interact with within the Services and other information about how you use the Services; the technology on the devices you use to access these Services; audio, electronic, visual or similar information; inferences used to create a profile about preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; and standard server log information. If you or your device experiences an error, we may collect information about the error, the time the error occurred, the feature being used, the state of the application when the error occurred, and any communications or content provided at the time the error occurred.

We may also aggregate or de-identify the information described above. To the extent that individuals are not identifiable from such data, it is not subject to this Privacy Policy.

Without this personal information, we are not able to provide you with all the requested Services.

II. SOURCES OF PERSONAL INFORMATION

In addition to personal information we receive from you, we may also receive the categories of personal information described above from other sources, including from other users of our Services, affiliates, advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, and social networks. For example, we may receive your personal information from our affiliates when you participate in sweepstakes, contests, and similar promotions. As another example, if you connect your social media account to accounts you create with our Services, we may collect personal information from these third-party organizations.

III. COOKIES AND OTHER TECHNOLOGIES

For details on how we use cookies and other technologies, please visit our Cookie Policy .

IV. HOW WE PROCESS PERSONAL INFORMATION

We may use the personal information we collect for the purposes and on the lawful bases set out below, as applicable:

- To perform the Services, including to process or fulfill a contract, including orders and transactions, to provide analytic services, to fulfill requests for products and services, to maintain or service accounts, to verify customer information, and to provide you with customer service; and in the case of social security numbers, driver’s license numbers, and passport numbers, to administer prizes to certain contest winners.

- For our legitimate business purposes or with your consent, as applicable, including:

1. To market and advertise the Services, including by processing your personal information for targeted advertising both on and off the Services. For example, we may display content or send you messages about events in your area, promotions, or new products that may interest you;
2. To improve the Services, including to undertake internal research for technological development and demonstration and to upgrade or enhance the Services;
3. To help keep the Services effective and secure, including to debug to identify and repair errors that impair existing functionality;
4. To contact you, including to send information to you in response to your requests;
5. For any other purpose disclosed to you at the time we collect your personal information with your consent.

- To comply with applicable laws and regulatory obligations.

V. HOW WE DISCLOSE PERSONAL INFORMATION

We may disclose the personal information we collect to the following categories of third parties.

1. Affiliates and related entities. We may disclose personal information to our affiliates and related entities.
2. Service providers and business partners. We may disclose identifiers, commercial information, transactional information, geolocation or precise geolocation information, internet or other electronic network activity, professional or employment-related information, and inferences, as described above, for a variety of purposes, such as payment card processing, website and data hosting, product and service delivery, customer service, advertising and marketing (including counting ad impressions, ensuring compliance with industry standards, personalization, and analytics), analytics services, security and performance monitoring, maintaining and servicing accounts, processing or fulfilling orders and transactions, verifying customer information, research, verifying customer information, data hosting, auditing, and data processing.
3. Third-Party sponsors and co-sponsors. We may disclose the categories of personal information described above to select third party sponsors or co-sponsors so that they can provide you with sweepstakes, contests, and similar promotions. For example, you may elect to enter or you may elect to disclose your personal information to a third-party sponsor or co-sponsor in order to receive marketing offers or other information from the sponsors. We are not responsible for the privacy practices of our sponsors or co-sponsors and we urge you to review their privacy policies for more detail on how they process your personal information.
4. With your consent. We may disclose personal information about you with other entities if you give us permission. For example, by connecting your account with us and your social media account, you authorize us to disclose information to your social media account provider.
5. In connection with a commercial transfer. We may disclose your personal information in connection with a corporate transaction, such as a sale, merger, consolidation, asset sale, reorganization, or in connection with any bankruptcy or similar proceedings.
6. For legal purposes. We may disclose your personal information as necessary to comply with applicable law, including laws outside your country of residence; to respond to subpoenas, court orders, legal process, requests from public and government authorities; and to protect and defend the rights, interests, safety, and security of AFF, our affiliates, users, or the public.

If you access third-party services, such as social media sites or other sites linked through the Services (including links to videos on our Services hosted by third parties such as YouTube or Vimeo), these third-party services will be able to collect personal information about you, including information about your activity on the Services, and they may notify your connections on the third-party services about your use of the Services, in accordance with their own privacy policies. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

In addition, if you choose to engage in public activities on the Services, including for instance if you engage on message boards, chat, profile pages, blogs, or our Social Media Pages, you should be aware that any information you post or disclose will become public information. Users of the Services and the general public may read, collect, or use that information. We urge you to be careful when disclosing your information. We are not responsible for the information you choose to submit in these public areas.

VI. DATA SECURITY

We use reasonable organizational, technical and administrative measures to protect personal information within our organization. You should understand that no data transmission or storage system can be guaranteed to be 100% secure. Please note that personal information collected by third parties may not have the same security protections as personal information you submit to us, and we are not responsible for protecting the security of such personal information.

VII. DATA RETENTION

We will retain the personal information we collect only for so long as reasonably necessary for the purposes and criteria outlined in this Privacy Policy. When determining retention of personal information we take into account the length of time personal information is required to be retained to provide the services; to satisfy legal and compliance obligations and for audit purposes; to address any complaints regarding the services; to address any relevant litigation or regulatory investigations; and to defend or bring potential legal claims.

VIII. MINOR INFORMATION

We do not knowingly collect personal information from children under the age of 16. If you have reason to believe that a child under the age of 16 has provided personal information to us except as permitted by applicable law, please contact us using any of the methods described in the Contact Us section of this Privacy Policy, and we will endeavor to delete that personal information from our systems. We do not knowingly sell or share for cross-context behavioral advertising the personal information of consumers under the age of 16.

IX. INTERNATIONAL TRANSFERS OF PERSONAL DATA

The Services are controlled and operated by us from the United States. To the extent that there is an international transfer of your personal data from the European Economic Area and the United Kingdom to the United States in connection with your use of the Services, we rely on appropriate safeguards, such as standard contractual clauses. 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 Policy.

X. YOUR PRIVACY RIGHTS AND CHOICES

You may have, in accordance with applicable law, the following rights:

1. Right to Know: You may have the right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which it is collected, the business or commercial purposes for collecting, selling, or sharing it, and the categories of third parties to whom we disclose it.

2. Right to Access & Data Portability: Subject to certain exceptions, you may have the right to request a copy of the personal information we collected about you. We will provide the responsive information in a portable and, to the extent technically feasible, readily useable format that allows you to transmit the information to another entity without hindrance.

3. Right to Correction and Deletion: You may have the right to request that we correct or delete your personal information in certain circumstances.

4. Right to Opt-Out: You may have the right to opt-out of the sale of your personal information and processing of personal information for targeted advertising by clicking the link “ Do Not Sell or Share My Personal Information .” Because the opt-out preference signal is browser-based, note that you will need to enable the signal separately for each browser and/or device from which you would like to be opted-out.

5. Right to Withdraw Consent. Depending on where you reside, where our processing of your personal data is based on consent, you have the right to withdraw consent at any time.

While some of the information that we collect may be considered sensitive personal information, we only use and disclose sensitive personal information for a subset of the purposes described above. For example, we may process your sensitive personal information in order to perform the services or provide the goods you request from us.

Other California Rights:

1. Shine the Light : California residents who provide certain personal information in connection with obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year.
2. Do Not Track : We do not currently process or comply with any web browser’s “do not track” signal or similar mechanisms.
3. Content Removal : In addition, 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 [email protected] or write to us by using the contact details set out in the Contact Us section at the end of this Privacy Policy.

To exercise your privacy rights, you may submit a request by calling us at 1-800-426-7367 or by completing this form. Once we receive your request, we may verify it by requesting information sufficient to confirm your identity.

Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your personal information. If you would like to use an authorized agent to exercise your rights, we may request evidence that you have provided such agent with valid written authority to submit requests to exercise rights on your behalf. We reserve the right to deny requests in certain circumstances, such as where we have a reasonable belief that the request is fraudulent, where your identity cannot be confirmed, or where we must maintain your information consistent with applicable law.

You can, however, appeal those requests that we deny, by emailing  [email protected] .

XI. USERS FROM THE EUROPEAN ECONOMIC AREA AND THE UNITED KINGDOM

Where applicable under European Union or United Kingdom law, you may have a right to object to some of the processing we carry out, or restrict our processing of your personal information. You can exercise these rights by completing this form.

We also 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. You can do this by requesting the deletion of, or objecting to the processing of, your personal information by completing this form.

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.

The data controller of your personal information is Monster Energy Company. If you have a query or complaint about how we processes your personal data, you can contact  [email protected] or use the following postal addresses:

Please note that you have the right to lodge a complaint with the supervisory authority in the EU country in which you live or work. A full list of EU supervisory authorities’ contact details is available here . If you live or work in the UK, you have the right to lodge a complaint with the UK Information Commissioner’s Office.

XII. UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy at any time, so please review it frequently. Please take a look at the “Last Updated” date at the top of the Privacy Policy to see when it was last revised. Any changes will become effective at the “Last Updated” date. If we make a material change to this Privacy Policy, we will update the “Last Updated” date on this Privacy Policy.

XIII. CONTACT US

If you have any questions or concerns about this Privacy Policy or how we process personal information, you can contact us through one of the following methods:

You can reach us by mail at:

You can also send an email to [email protected] . Please note that email communications are not always secure, so please do not include credit card information or sensitive information in your emails to us.

For more information about how users with disabilities can access this California notice in an alternative format, please contact us at [email protected] .