Privacy Policy

These terms were last updated on September 12, 2019

INTRODUCTION

Foods for Function, inc. d/b/a Caliper Foods (“Caliper”, “us”, “we”, or “our”) operates the www.trycaliper.com website (hereinafter referred to as the “Site”). This page informs you of our policies regarding the collection, use, and disclosure of information you share with us when you use our Site and the choices you have associated with that information (the “Privacy Policy”).

This Privacy Policy does not cover information that you submit on other websites, even if we communicate with you on those sites. For example, if you post something on Facebook, Twitter, or Instagram, that information is governed by the privacy policies on those websites, and is not governed by this Privacy Policy.

BY USING THIS SITE, YOU AGREE THAT YOU HAVE REVIEWED AND UNDERSTAND THE TERMS OF USE AND THIS PRIVACY POLICY, THAT YOU ACCEPT AND ARE SUBJECT TO THE TERMS OF USE AND THIS PRIVACY POLICY, AND THAT YOU CONSENT TO OUR PROCESSING OF PERSONAL INFORMATION FOR THE PURPOSES STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THIS SITE. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Use, accessible from www.trycaliper.com

HOW WE COLLECT INFORMATION

We collect two types of information from visitors to this Site: (1) Personally Identifiable Information, such as your name and contact information; and (2) Non-Personally Identifiable Information, such as your IP address or information obtained from cookies.

1. Personally Identifiable Information

While using our Site, you may voluntarily provide us with certain information that can be used to contact or identify you, or to send purchased products to you (“Personally Identifiable Information”). Personally Identifiable Information may include, but is not limited to:

  • Name
  • Email address
  • Telephone number
  • Mailing address
  • Billing address and payment information

The above list only provides examples of the types of Personally Identifiable Information that may be collected on this Site. We also process payment information, via a third-party service provider, if you choose to purchase products through the Site. You may also provide us with Personally Identifiable Information when you respond to surveys, communicate with our customer support team, or post a question, comment, or review on our Site. When you communicate with us via form, email, comment, or otherwise, we store a copy of our communications. IF YOU DO NOT WANT US TO COLLECT YOUR PERSONALLY IDENTIFIABLE INFORMATION, PLEASE DO NOT PROVIDE IT TO US.

Children’s Privacy:

Note that we do not intentionally collect or solicit any Personally Identifiable Information from children under the age of 18. If you are under the age of 18, you can look at our Site, but you should not make a purchase, register, or submit Personally Identifiable Information to us. In the event that we learn we have collected Personally Identifiable Information from a child without parental consent, we will promptly take steps to delete that information.

2. Non-Personally Identifiable Information

Non-Personally Identifiable Information may be technical or demographic information such as your location or usage activity on the Site. This information does not identify you personally and is typically collected automatically. Non-Personally Identifiable Information includes, but is not limited to:

  • Log Information and Usage Data: We may collect information on how the Site is accessed and used (“Usage Data”). This Usage Data may include information that browsers and mobile devices typically make available, such as your device’s IP address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. We use Usage Data collected from our implementation of the Site to further our legitimate interests in securing the Site by identifying potential threats and vulnerabilities, and in analyzing the effectiveness of our Site to improve the Site’s function and content.
  • Location Information: We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our Services from certain geographic regions.
  • Cookies and Other Technologies: Our Site uses cookies and other technologies to help us identify and track visitors, usage, and access preferences for our Site, as well as track and understand email campaign effectiveness and to deliver targeted ads.
    • Pixel tags (also called web beacons) are small blocks of code placed on websites and emails to collect and track information, and to improve and analyze the Site. Pixel tags may be used for such things as recording the pages and advertisements clicked on by users, or tracking the performance of email marketing campaigns.
    • Cookies are strings of information that a website stores on a visitor’s device’s hard drive, and that the visitor’s browser provides to the website each time the visitor returns. Most browsers provide you with the ability to block, delete, or disable cookies, and your mobile device may allow you to disable transmission of device identifiers. If you choose to reject cookies or block device identifiers, some features of the Site may not be available or some functionality may be limited or unavailable. Examples of cookies we use include session cookies, preference cookies, and security cookies.

Our Policy on “Do Not Track” Signals under the California Online Protection Act (CalOPPA):

We do not respond to Do Not Track (“DNT”) signals at this time. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. To learn more about how DNT works, please visit http://allaboutdnt.com/.

HOW WE USE COLLECTED INFORMATION

1. Personally Identifiable Information

We use Personally Identifiable Information only as necessary to provide the Site to you under our Terms of Use and to meet our legal obligations. For example, we use this information to:

  • Accept payments from you and fulfill your product orders;
  • Respond to inquiries regarding the Site or our products;
  • Enable you to securely log into and use the Site
  • Track purchase history and suggest products;
  • Contact you for account and promotional purposes;
  • Detect and prevent fraud;
  • Maintain business records;
  • As necessary to meet legal obligations and to protect our rights and the rights of third parties; and
    For other purposes related to the reasons for which you provide Personal Information.

With your consent, we may use your Personally Identifiable Information to contact you with emailed newsletters, marketing or promotional materials and other information that may be of interest to you. You may revoke your consent and opt out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.

2. Non-Personally Identifiable Information

Non-Personally Identifiable Information is used as described above and in other ways as permitted by applicable laws. For example, we may use this information to:

  • Further develop and improve our Site;
  • Monitor and analyze trends and better understand how users interact with our Site;
  • Measure, gauge, and improve the effectiveness of our advertising, and better understand user retention and attrition;
  • Monitor and prevent any problems with our Site, and protect the security of our Site; and
  • Personalize your experience using our Site with targeted messages or advertisements.

We may also use information which has been reasonably de-identified (so that the information could not reasonably be used to identify you) in the aggregate to share with advertisers and market researchers. While it is possible to correlate this information to particular individuals, we do not generally do so for information collected on this Site; however, we reserve the right to drill down into anonymous demographic information or otherwise correlate it to particular individuals in order to investigate unlawful conduct and/or breaches of any of our Terms of Use.

LEGAL BASIS FOR COLLECTING AND USING INFORMATION UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

If you are from the European Economic Area (EEA), Caliper Foods legal basis for collecting and using the Personally Identifiable Information described in this Privacy Policy depends on the Personally Identifiable Information we collect and the specific context in which we collect it. Caliper Foods may process your Personally Identifiable Information because:

We need to fulfill our commitments to you (i.e., to complete a sale of our products);
You have given us permission to do so;
The processing is in our legitimate interests and it is not overridden by your rights; and
To comply with the law.

DISCLOSURE OF DATA

Caliper Foods will not disclose your Personally Identifiable Information except as set forth in this Privacy Policy or with your consent. This section describes to whom we may disclose Personally Identifiable Information, and for what purpose.

1. Our Service Providers

We may share your Personally Identifiable Information with third-party companies and individuals that facilitate our Site and perform services for us (“Service Providers”), such as fulfilling orders, delivering packages, sending e-mails, analyzing customer data, providing marketing assistance, processing credit card payments, investigating fraudulent activity, performing Site-related services, or assisting us in analyzing how our Site is used. These Service Providers have access to your Personally Identifiable Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

One such Service Provider is Google Analytics. Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Site. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network. You can opt-out of having made your activity on the Site available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page.

2. Law Enforcement

Under certain circumstances, Caliper Foods may be required to disclose your Personally Identifiable Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

3. Legal Requirements

Caliper Foods may disclose your Personally Identifiable Information in the good faith belief that such action is necessary to:

  • To comply with a legal obligation;
  • To protect and defend the rights or property of Caliper Foods, our employees, agents, and affiliates;
  • To prevent or investigate possible wrongdoing in connection with the Site;
  • To protect the personal safety of users of the Site or the public; or
  • To protect against legal liability.

4. Business Transition

In connection with any merger, sale of company assets, or acquisition of all or a portion of our business by another company (or in the unlikely event that Caliper goes out of business or enters bankruptcy), user information would likely be an asset that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to Personally Identifiable Information, and the party receiving Personally Identifiable Information may continue to use such Personally Identifiable Information, but only in manners consistent with this Privacy Policy.

RETENTION OF DATA

Caliper Foods will retain your Personally Identifiable Information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personally Identifiable Information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

Caliper Foods will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Site, or we are legally obligated to retain this data for longer periods.

TRANSFER OF DATA FROM OUTSIDE THE UNITED STATES

If you are visiting this Site from outside the United States and provide us with Personally Identifiable Information, please note that your Personally Identifiable Information may be transferred, stored and processed within the United States. The data protection or privacy laws in the United States may not be as comprehensive as those in your country.

By using the Site, you consent to your Personally Identifiable Information being transferred to the United States for the purposes described in this Privacy Policy.

SECURITY OF DATA

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially reasonable safeguards to protect and secure your Personally Identifiable Information, we cannot guarantee its absolute security during its transmission or storage on our systems. We do not represent or warrant that your Personally Identifiable Information will be protected against loss, misuse, or alteration by third parties.

DATA PROTECTION RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Caliper Foods aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personally Identifiable Information. If you would like to access, amend, erase, export, or object to or restrict the processing of Personally Identifiable Information, you may submit a request to [email protected] We will promptly review all such requests in accordance with applicable laws.

In certain circumstances, you may have the following data protection rights:

  • The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personally Identifiable Information directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your Personally Identifiable Information.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where Caliper Foods relied on your consent to process your Personally Identifiable Information. Please note that we may ask you to verify your identity before responding to such requests.
  • The right to complain to a data protection authority about our collection and use of your Personally Identifiable Information. We encourage you to first reach out to us at [email protected], so we have an opportunity to address your concerns directly before you do so. For more information, please contact your local data protection authority in the European Economic Area (EEA).

LINKS TO OTHER SITES

Our Site may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

CHANGES TO THIS PRIVACY POLICY

We may revise our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the “effective date” at the top of this Privacy Policy. We may let you know via email and/or a prominent notice on our Site, as appropriate under the circumstances. You are advised to review this Privacy Policy periodically for any changes. Unless otherwise indicated, changes to this Privacy Policy are effective immediately when they are posted on the Site.

HOW TO CONTACT US

If you have any questions about these Terms, please address them to [email protected] or call 1-269-Caliper. Our normal business hours are M-F 9-5pm MT.

User Comments, Feedback, & Other Submissions. All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or by the Web Sites or otherwise disclosed, submitted or offered in connection with your use of the Web Sites (collectively, the “Comments”) shall be and remain the Company’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Web Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Web Sites will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.