PRIVACY POLICY FOR PRIMAL PET GROUP
Effective May 24, 2024
PRIMAL PET GROUP, INC., A DELAWARE CORPORATION, WWW.PRIMALPETGROUP.COM
PRIMAL PET FOODS, INC., A CALIFORNIA CORPORATION, WWW.PRIMALPETFOODS.COM (AND PRIMAL PETS, A PRIMAL PET FOODS, INC. BRAND, www.primalpets.com)
PRAIRIE DOG PET PRODUCTS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, www.prairiedogpetproducts.com
HIMALAYAN DOG CHEW, LLC, A DELAWARE LIMITED LIABILITY COMPANY, WWW.HIMALAYAN.PET (AND ECOKIND PET TREATS, www.ecokindPETTREATS.COM, Yellow Yak, WWW.YELLOYAK.com, and CHEWMETER, WWW.CHEWMETER.COM, Each A HIMALAYAN DOG CHEW, LLC Brand)
SECTION 1 -- SCOPE OF THIS POLICY
When posted, this Privacy Policy governs Primal Pet Group, Inc. and its affiliates’ respective collection (and/or processing), use and disclosure of personal information from each’s website and other identified sources. To the extent required by applicable law, this Privacy Policy is also intended to serve as a Notice of Collection of Personal Information. Also to the extent required by applicable law, this Privacy Policy applies to both consumers and businesses (and their employees).
Primal Pet Group, Inc. is a Delaware corporation, www.primalpetgroup.com. Primal Pet Group, Inc.’s affiliates include Primal Pet Foods, Inc., which is a California corporation, www.primalpetfoods.com (also including its Primal Pets, www.primalpets.com, brand), Prairie Dog Pet Products, LLC, a Delaware limited liability company, www.prairiedogpetproducts.com, and Himalayan Dog Chew, LLC, a Delaware limited liability company, www.himalayan.com (also including its Ecokind Pet Treats, www.ecokindpettreats.com, Yellow Yak, www.yellowyak.com and Chewmeter, www.chewmeter.com, brands). In this Privacy Policy, each of Primal Pet Group, Inc. and its affiliates are referred to as “Primal” or a “Primal affiliate,” as may be applicable in the context. In this Privacy Policy, neither “Primal” nor “Primal affiliate” has a collective meaning.
Please note that each Primal affiliate is a separate company and a separate legal entity from each and all of the companies that are other Primal affiliates. When you access or use a Primal affiliate’s website or otherwise transact business with a Primal affiliate, you are transacting business with that specific company, not with any other Primal affiliate. No Primal affiliate is responsible or liable for any other Primal affiliate.
Further, the laws that may govern transactions with one Primal affiliate, including privacy laws, may or may not be the same laws that would govern transactions with another Primal affiliate. The laws that may govern a specific transaction may also provide fewer rights or less protection than might otherwise be provided by this Privacy Policy. In such a case, your rights will be limited to those granted by law even if this Privacy Policy might appear to provide greater rights. Further, not all Primal affiliates may be legally required to comply with a given state’s or federal privacy law notwithstanding anything in this Privacy Policy. Each Primal affiliate’s respective commercial Terms & Conditions are also expressly incorporated into this Privacy Policy and you are agreeing to them. Please read them. No Primal website is currently intended for use by individuals or entities subject to the European Union General Data Protection Law. For the avoidance of doubt, nothing in this Privacy Policy (or in any incorporated commercial Terms & Conditions) is intended to nor shall serve to, whether expressly or by implication, disclaim, release or otherwise abridge privacy rights or related remedies which cannot under any circumstances be disclaimed, released or abridged as a matter of the applicable law.
SECTION 2 -- WHAT CATEGORIES OF PERSONAL INFORMATION
(INCLUDING “SENSITIVE” PERSONAL INFORMATION) DOES PRIMAL
COLLECT (AND/OR PROCESS) & WHAT CATEGORIES OF INFORMATION SOURCES ARE UTILIZED?
When you have contact with a Primal affiliate regarding a purchase, services, information, or otherwise, whether by using a website, an app (if any), by email, text or other electronic means, in writing, by phone or in person, or otherwise, that Primal affiliate or a third-party (including service providers or contractors) may collect (and/or process) your personal information, including “sensitive” personal information. By way of example only, Primal affiliates may use separate online store services providers which may themselves collect (and/or process) and use your personal information, including “sensitive” personal information, when you engage in a purchase transaction for Primal products or services on a Primal website. Personal information, including “sensitive” personal information, may be collected (and/or processed) across all electronic and non-electronic devices and platforms. Additionally, when you communicate with certain third-parties (including service providers or contractors) such as a Primal affiliate’s online store provider or loyalty program operator, retailers, or social media networks, those third-parties may also collect (and/or process) your personal information, including “sensitive” personal information. In turn, a Primal affiliate may then access your personal information, including “sensitive” personal information, from that third-party.
The categories of personal information and “sensitive” personal information which a Primal affiliate or third-party (including service providers or contractors) may collect include, without limitation:
IDENTIFIERS, CONTACT, COMMERCIAL AND FINANCIAL INFORMATION: Such information may include your name, address, phone number, email address, physical or delivery address, signature, physical characteristics or description, credit or debit card information, bank or payment account and other financial information, account security information, social media data, and the like. Regarding businesses, a Primal affiliate may also collect (and/or process) business-related information such as contractual information, business financial information, business operations, product and service, inventory and planning information, employee and other representative information, and the like.
ADDITIONAL PERSONAL INFORMATION: Such information may include photographs and video of and anecdotal and inferential information about you and your pet(s), including personal and demographic information which may reflect your sex, race, ethnicity, personal preferences, behavior and philosophical information, pet diet information and preferences, product use information, and the like.
DEVICE AND TECHNICAL INFORMATION: Such information may include computer or other device internet activity, internet protocol (IP) addresses, and operating system, web browser, cookie, beacon, application and similar technical data, URLs, referring URLs, website, video and other browsing and viewing history (including dates), searches, search terms used, the history and manner of your use of Primal affiliate and third-party (including service providers’ or contractors’) websites, data regarding your interactions with a Primal affiliate or a third-party (including service providers or contractors), emails, texts, geolocation data, and the like.
PUBLIC SOURCE INFORMATION: Such information may include that which is
available from public sources, including governmental sources, commercial financial and other information sources, credit assessment services, internet service providers, data analytics providers, advertising networks, social media networks, data brokers, and the like.
OTHER INFORMATION YOU PROVIDE A PRIMAL AFFILIATE IN PERSON, BY EMAIL, TEXTS, WRITTEN OR TELEPHONIC COMMUNICATIONS: Such information may include any that you provide voluntarily to a Primal affiliate or a third-party (including service providers or contractors).
SECTION 3 -- WHAT IS PRIMAL’S PURPOSE IN COLLECTING (AND/OR PROCESSING) YOUR PERSONAL INFORMATION (INCLUDING “SENSITIVE” PERSONAL
INFORMATION) & WHAT DOES PRIMAL DO WITH IT?
A Primal affiliate’s purpose in collecting (and/or processing) your personal information, including “sensitive” personal information, is to use it to accomplish your purchase, service, informational, posting, business, and other transactions, if any, including any products and services provided or purchased, deliveries, returns, credits or refunds, and where necessary to legally enforce Primal’s related rights. A Primal affiliate may also use your personal information, including “sensitive” personal information, for things, if any, like product and warranty administration, advertising and marketing to you (including email, text and internet advertising and marketing and targeted and re-targeted advertising and marketing), potentially across services, platforms and media, to administer loyalty program(s), for security purposes, for business operations (like fulfillment, accounting, inventory, product improvement, research, account management, and similar purposes) and analytics (like to determine and tabulate what is selling, to whom, where, and related business information), and for website analytics (like to assess website use and to improve website performance and experience and correct errors). A Primal affiliate retains your personal information for so long as may be required to accomplish such purposes and/or as may be required or allowed by law. Retention may depend on such things as the purpose of the collection (and/or processing), the nature and sensitivity of the personal information, the risk to the consumer if the information is lost or misused, and your consent, without limitation.
SECTION 4 -- WHAT CATEGORIES OF PERSONS OR ENTITIES DOES
PRIMAL DISCLOSE YOUR PERSONAL INFORMATION (INCLUDING “SENSITIVE” PERSONAL INFORMATION) TO?; THIRD-
PARTIES, INCLUDING SERVICE PROVIDERS & CONTRACTORS
In utilizing your personal information, including “sensitive” personal information, as described above, a Primal affiliate may disclose it to third-parties (including service providers and contractors), if any, such as other Primal affiliates, financial institutions and intermediaries including involved credit or debit card issuers and banks, business support providers (including service providers and contractors) of things like Domain Name Services and data storage and security services, online stores and store services, order fulfillment services, private and public delivery services (including, potentially, the United States Postal Service), loyalty program services, payment services, debt collection services, email and other marketing services, suppliers, manufacturing, servicing, marketing and other business services providers, governmental entities including regulatory and law enforcement agencies, and social media networks, without limitation.
Some third-parties, whether service providers or contractors or not, may also disclose, share or sell your personal information subject to their own privacy policies. Primal is not responsible or liable for third-parties’ privacy (including data collection (and/or processing), disclosure, sharing and selling) policies or practices. Similarly, and as addressed in Section 8 below, some third-parties (including service providers and contractors) may use cookies, beacons, applications and similar technical tools in connection with Primal affiliates’ websites, which may also collect (and/or process) personal information, including “sensitive” personal information. Again, Primal is not responsible or liable for such third-parties’ privacy (including data collection (and/or processing), disclosure, sharing and selling) policies or practices. Also remember that if you leave a Primal affiliate’s website or application (if any) or are redirected to a third-party website or application, you may no longer be governed by this Privacy Policy. Finally, third-parties, whether service providers or contractors or others, may be located in or have facilities that are located in a different jurisdiction than either you or a Primal affiliate. So, if you elect to proceed with a transaction, which may involve a third-party, then your personal information may become subject to the laws of the jurisdiction(s) in which that party or its facilities are located or which govern their activities.
If a Primal affiliate or third-party (including service providers or contractors) is acquired or merged with another company, your personal information, including “sensitive” personal information, may be transferred to the new company so that it may continue to provide products, services and information, if any, to you.
Primal affiliates do not sell personal information, including “sensitive” personal information. Primal affiliates do not share personal information, including “sensitive” personal information to engage in cross-context behavioral advertising. Primal affiliates do not use or disclose “sensitive” personal information for purposes other than those described in this Privacy Policy or as may otherwise be allowed by applicable law. Primal affiliates do not, as of the publication date of this Privacy Policy, have actual knowledge of the collection (and/or processing), disclosure, sharing or sale of personal information, including “sensitive” personal information, belonging to minors. Primal affiliates do not knowingly service persons under 18 years of age.
SECTION 5 -- DISCLOSURES REQUIRED OR ALLOWED BY LAW
Primal affiliates may disclose your personal information, including “sensitive” personal information, as required or allowed by law.
SECTION 6 -- CONSENT & WITHDRAWAL OF CONSENT & USE
LIMITATIONS; CONSUMERS’ RIGHTS TO REQUEST PERSONAL INFORMATION (INCLUDING “SENSITIVE” PERSONAL INFORMATION) OR TO CHANGE, DELETE OR LIMIT THE DISCLOSURE OR USE OF PERSONAL INFORMATION (INCLUDING “SENSITIVE” PERSONAL INFORMATION); HOW TO CONTACT PRIMAL TO DO SO
When you provide a Primal affiliate or a third-party (including service providers or contractors) with personal information, including “sensitive” personal information, Primal infers that you consent to its collection and use for the purpose at issue and that you are directing Primal or a third-party (including service providers or contractors) to do so. If a Primal affiliate or a third-party asks for your personal information, including “sensitive” personal information, for a secondary reason, the Primal affiliate will either ask you directly for your express consent or provide you with an opportunity to decline to participate. For example, you may unsubscribe from Primal affiliate emails or texts at any time by clicking on a link provided in such emails or by responding as requested in such texts.
CALIFORNIA ADDENDUM: Under California law, only to the extent that it may be applicable, consumers (or their authorized agents) have several rights related to their personal information, including “sensitive” personal information. These include:
(i) The right to opt-out of a Primal affiliate’s sale (if any) or sharing (if any) of certain personal information.
(ii) The right to limit a Primal affiliate’s use or disclosure of certain “sensitive” personal information.
(iii) The right to know what personal information, including “sensitive” personal
information, by category, by source and by item, a Primal affiliate may collect (and/or process), to obtain copies such information (which are transferable where feasible), and to know to or with whom such information is sold (if anyone) or shared (if anyone).
(iv) The right to know what purposes a Primal affiliate may use personal information, including “sensitive” personal information, for.
(v) The right to change, correct and delete personal information, including “sensitive” personal information.
(vi) The right to opt-out of the use of certain personal information, including “sensitive” personal information, for certain automated processes (including certain automated decision-making processes) and profiling activities, if any.
Certain restrictions may apply to any such requests. Any such requests must be
verifiable as being made by the actual individual (or household) in question (or by an authorized agent). Any verified request for action regarding your personal information, including “sensitive” personal information, shall also be provided to
applicable third-parties (including service providers and contractors), if any, for compliance.
Also under California law, only to the extent that it may be applicable, you must also agree in advance (“opt-in”) to a Primal affiliate’s collection, use and disclosure of personal information, including “sensitive” personal information, obtained specifically for any financial incentive given to you in exchange and you also have the right to withdraw your consent to a Primal affiliate’s use of your personal information, including “sensitive” personal information, specifically given in exchange for any financial incentives at any time. In certain circumstances, a Primal affiliate may offer financial incentives such as coupons, rebates, discounts or the like when you participate in programs like loyalty programs or when you create an online account, or otherwise. The involved Primal affiliate will explain the involved program, its material terms, how to opt-in or withdraw, and what personal information, including “sensitive” personal information, may be required to participate. While any related financial incentives may not be offered specifically in exchange for your personal information, including your “sensitive” personal information, you may need to provide such information to engage in the program. In either event, if you do, Primal affiliates assume that you are opting-in to the arrangement as you are voluntarily providing such information. The value of any personal information, including “sensitive” personal information, you provide specifically in exchange for a financial incentive may vary but will typically be based on, among other possible metrics, the cost of providing the financial incentive by the involved Primal affiliate. Primal affiliates do not discriminate based on your privacy choices and, again, you can withdraw your consent to Primal affiliates' use of your personal information, including “sensitive” personal information, specifically related to any financial incentive program at any time.
Also under California law, only to the extent that it may be applicable, consumers have the right not to be discriminated against based on the exercise of any of their privacy rights or choices.
DELAWARE ADDENDUM: Under Delaware law, only to the extent that it may be
applicable, website users have the right to review and request that a Primal affiliate change or delete certain personal information collected.
TEXAS ADDENDUM: Under Texas law, only to the extent that it may be applicable, consumers (or their authenticated agents) have several rights related to their personal information, including “sensitive” personal information. These include the right to request (subject to prescribed authentication procedures), the right-to-know and access, the right to correct, the right to delete, the right to exercise opt-out and use limitations, and the right against discrimination based on privacy choices, similar to the rights enumerated in the California Addendum to this Privacy Policy (sub-paragraphs (i)-(vi) of this Section, above). Also under Texas law, only to the extent that it may be applicable, consumers have the right, and are required to, affirmatively opt-in to certain sales or processing of “sensitive” personal information. Also under Texas law, only to the extent that it may be applicable, consumers have the right to appeal any decisions made by a Primal affiliate regarding a consumer personal information request. As to any Primal affiliate, such appeals may be made through the same channels and means as are used to make initial consumer requests, as described below in this Section.
To provide or withdraw consent to any service or action (i.e., to “opt-in” or “opt-out”), to stop or limit the sale (if any), sharing (if any), other disclosure or use of personal information, including “sensitive” personal information (if any), to ascertain what categories of personal information, including “sensitive” personal information, a Primal affiliate may have, what purposes it is used for, and what categories or persons or entities with whom a Primal affiliate may have sold, shared or otherwise disclosed such information (if at all), to obtain items of personal information, to request that a Primal affiliate change, correct or delete personal information, including “sensitive” personal information, or to appeal (under Texas law) a Primal affiliate personal information request response, please email your request (or appeal) to the Primal Privacy Compliance Officer through this link [email protected] or contact the relevant Primal affiliate by telephone at (866) 566-4652. The involved Primal affiliate will respond within 10 days and strive to resolve all requests within 45 days. To protect you and all customers, and as indicated above, a Primal affiliate will have to verify (or authenticate) your identity (and any agent’s identity and authority) before disclosing, changing, ceasing or limiting the use or disclosure of or changing or deleting any personal information, including “sensitive” personal information. Generally, this may be done using information the involved Primal affiliate already has, from public information, and/or by asking you for verifying information including unique identifiers and two-factor identifying information. A Primal affiliate may also require written and signed consumer authorization or a legal power of attorney in the event of an agent request.
SECTION 7 -- SECURITY
Primal takes commercially reasonable precautions to help protect personal information, including “sensitive” personal information, from inappropriate
destruction, loss, access, disclosure or misuse. Please note that Primal does not believe that any method of transmission over the internet, cable or telephone lines, or of electronic storage, is 100% secure and so cautions you so that you may make more informed privacy and use choices.
SECTION 8 – “COOKIES” & SIMILAR FEATURES
Primal affiliates or third-parties (including service providers and contractors) may use cookies, beacons, applications and similar technical tools in connection with (embedded in) Primal affiliates’ websites. The cookies, beacons, applications and similar tools that Primal affiliates use or understand are used in connection with their websites are, generally, used for purposes such as user and session identification, session data storage (e.g., referrer, landing page), token identification, login, password security, payment and payment security, website site security, page visits, number of visits, product visits, cart and check-out information, purchase transactions, subscriptions, advertising and marketing including email advertising and marketing, website, session and purchase analytics, embedded and other video view tracking, ad tracking across time and platforms, and geolocation. Some third-parties (including service providers and contractors) that use cookies or similar technical tools on Primal affiliate websites may engage in cross-context behavioral advertising. Primal affiliates disclose cookie, beacon, app and like tools’ use in connection with their websites to help you choose if you want to block such tools, or not. Primal affiliates currently do not recognize “do not track,” “universal opt-out” or similar software settings. Again, Primal is not responsible or liable for third-party privacy (including data collection (and/or processing), disclosure, sharing and selling) policies or practices.
SECTION 9 -- AGE OF CONSENT
By using this website, you represent that you are at least 18 years old.
SECTION 10 – EXCLUSIVE ARBITRATION OF DISPUTES
Any and all disputes between you and an applicable Primal affiliate arising out of or related to this Privacy Policy or any related matters shall be resolved, exclusively and irrevocably, by binding arbitration under the then current rules of the American Arbitration Association. The arbitration shall be conducted, irrevocably and exclusively, at either Fairfield, California, Abilene, Texas or Bellingham, Washington, based upon the location of the applicable Primal affiliate. There shall only be individual arbitrations, no class or representative arbitrations. In agreeing to arbitration, you are waiving your rights to sue in court and, possibly, to a trial by jury.
SECTION 11 -- CHANGES TO THIS PRIVACY POLICY
Primal affiliates reserve the right to modify this Privacy Policy at any time, so please review it frequently. Changes will be posted on Primal affiliate websites and will take effect immediately upon their posting. Changes to the policy effective date typically mean that the policy terms have changed.
SECTION 12 -- QUESTIONS AND CONTACT INFORMATION
If you have any questions about this Privacy Policy, please contact the Privacy Compliance Officer at [email protected] or by telephone at (866) 566-4652.