PRIVACY NOTICE

Last Updated: March 2021

Energy Beverages LLC ("we", "us", "our"), whose details are provided in the "Contacting Us" section 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, store, transfer 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").

California residents, please see our "California Privacy Notice" [Internal hyperlink to California Notice section] for additional information about what Personal Information we collect about you and how we use and share your information.

Personal Information

Personal Information We Can Collect

"Personal Information" means all information relating to you as an individual, including both Provided Personal Information and Automatically-Collected Personal Information.

"Provided Personal Information" is Personal Information that you that you provide or make available to us, including:

"Automatically-Collected Personal Information" is any Personal Information that is automatically collected by our or third-party systems, such as:

Please note that we may use a third-party payment service to process payments made through the Services. If you wish to make a payment through the Services, your Personal Information will be collected by such third party and not by us, and will be subject to the third party’s privacy notice, rather than this Privacy Notice. We have no control over, and are not responsible for, third parties’ collection, use, storage, transfer or disclosure of your Personal Information.

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 and appropriate consent to do so and to permit us to use the information in accordance with this Privacy Notice.

How We Collect Provided Personal Information

We and our service providers collect Provided 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 Provided 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 Provided 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 Collect Automatically-Collected Personal Information

We and our service providers can collect Automatically-Collected Personal 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.

If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html . However, if you do not accept these cookies, you may experience some inconvenience in your use of the Services. For example, we may not be able to recognize your computer and you may need to log in every time you visit the applicable Services.

For full details on how we use cookies and other technologies, please visit our Cookies Policy [Hyperlink to Cookies Policy].

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.

How We Can Use Personal Information

We use Personal Information for the reasons set out below:

How Personal Information Can Be Disclosed

Your Personal Information can be disclosed:

OTHER Information

Other Information We Can Collect

"Other Information" is information that has been collected or modified in such a way as to not identify or tie to you as an individual, such as:

How We Can Use and Disclose Other Information

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 otherwise de-identified information). 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.

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.

SECURITY

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 in this Privacy Notice.

CHOICES AND RIGHTS

Where applicable under European Union or United Kingdom 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:

Your California Privacy Rights

California residents, see our California Privacy Notice for more information about certain legal rights.

Your Nevada Privacy Rights

Nevada law permits our users who are Nevada consumers to request that their personal data not be sold (as defined under applicable Nevada law), even if their personal data is not currently being sold. Requests may be sent to [email protected].

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 [email protected] or write to us using the contact details set out in the "Contacting Us section" at the end of this Privacy 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.

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.

RETENTION PERIOD

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 sixteen (16), and we request that these individuals do not provide Personal Information through the Services.

CROSS-BORDER TRANSFER

The Services are controlled and operated by us from the United States and your personal data will be transferred outside the European Economic Area and the United Kingdom. Such international transfers of personal data are possible either because there is an adequacy decision issued by the European Commission, because we have put in place appropriate safeguards or because applicable laws otherwise permit or require us to transfer your Personal Information outside the European Economic Area and the United Kingdom. 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.

SENSITIVE INFORMATION

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.

UPDATES TO THIS PRIVACY NOTICE

We may change this Privacy Notice. Please take a look at the "Last Updated" legend at the top of this Privacy Notice to see when this Privacy Notice was last revised. Any changes to this Privacy Notice will become effective when we post the revised Privacy Notice on the Services. Your use of the Services following these changes means that you accept the revised Privacy Notice.

CONTACTING US

The data controller of your Personal Information is Monster Energy Company, and its point of contact within Europe is Monster Energy Europe Limited. Please find below their contact details:

Data controller: European point of contact:
Monster Energy Company
FAO: Privacy
Legal Department
1 Monster Way
Corona, CA 92879 USA
Monster Energy Europe Limited
FAO: Privacy
Legal Department
50 Bristol Road
Greenford UB6 8UP, UK

You can also contact us by email at the following address: [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.

CALIFORNIA PRIVACY NOTICE

This California Privacy Notice ("California Notice") supplements the Energy Beverages LLC ("we", "us", "our") Privacy Notice and applies solely to visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopted this California Notice to comply with California privacy laws, including the California Consumer Privacy Act ("CCPA"). Any terms defined in the CCPA and not defined here have the same meaning when used in this California Notice.

Notice of Collection and Use of Personal Information

Categories of Personal Information

Within the last twelve (12) months, we have collected the following categories of Personal Information:

  1. Identifiers, such as real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers.
  2. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code 1798.80(e)), such as name, postal address, phone number, and credit or debit card number.
  3. Characteristics of protected classifications under California or federal law, such as gender.
  4. Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  5. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
  6. Geolocation data.
  7. Audio, electronic, visual, thermal, olfactory, or similar information, such as profile picture or CCTV images.

We will not collect additional categories of Personal Information other than those categories listed above. If we intend to collect additional categories of Personal Information, we will provide you with a new notice at or before the time of collection.

Use of Personal Information

We may use Personal Information for the business and commercial purposes below:

We will not use the Personal Information we collected for material different, unrelated, or incompatible purposes without providing you with notice.

Sources of Personal Information

We collect Personal Information as described in the Privacy Notice. Broadly, the collection of Personal Information is from the following sources:

We also 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.

For more information about the sources of Personal Information, please see the sections captioned “How We Collect Provided Personal Information” [insert internal hyperlink to section in Privacy Notice] and “How We Collect Automatically-Collected Personal Information” in the Privacy Notice.

Sharing of Personal Information

Within the last twelve (12) months, we have shared the following categories of Personal Information for a business purpose with the following categories of third parties:

For more information about how we share Personal Information, please see the section captioned “How Personal Information Can Be Disclosed” in the Privacy Notice.

Your California Privacy Rights

California’s "Shine the Light" law, permits our users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to [email protected], and are free of charge. However, we do not disclose personal information protected under the "Shine the Light" law to third parties for their own direct marketing purposes.

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 "Contacting Us" section at the end of this California 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.

The CCPA provides California residents with the following rights:

  1. Right to Know : You have the right to request that we disclose certain information to you about the Personal Information we collected, used, disclosed, and sold about you in the past 12 months. This includes a request to know any or all of the following:
  1. Data Portability: You have the right to request a copy of Personal Information we hold about you.

  2. Right to Deletion: You have the right to request that we delete the Personal Information we collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your Personal Information, we may deny your request or may retain certain elements of your Personal Information if it is necessary for us or our service providers to:

  1. Right to Opt-In to Financial Incentives: You have the right to opt-in to financial incentives. You also have the right to opt-out at any time. However, we currently do not offer any financial incentives.

  2. Right to Opt-Out/In: You have the right to opt-out of the sale of your Personal Information. You also have the right to opt-in to the sale of Personal Information. Please see the section captioned “Notice of Right to Opt-Out” below for more information about your opt-out/in rights.

  3. Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of your CCPA privacy rights. Unless permitted by the CCPA, we will not:

Some of our Services, however, may require your Personal Information. If you choose not to provide your Personal Information that is necessary to provide any aspect of our Services, you may not be able to use those Services.

Submitting a Verified Consumer Request

To exercise your Right to Know, Data Portability, and Right to Delete, you must provide us with sufficient information to allow us to verify your identity, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Once we receive the information you provide to us, we will review it and determine if more information is necessary to verify your identity as required by law, and we may request additional information in order to do so.

To exercise your CCPA privacy rights described above, please submit a verifiable request to us by:

Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your Personal Information.

You may only make a verifiable consumer request for Right to Know or Data Portability twice within a 12-month period. The verifiable consumer request must:

We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.

Consumer Request by an Authorized Agent

If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require at a minimum an email be sent to [email protected], and all of the below items; in addition based on the nature of the request and information, we may require additional information:

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the request’s identity or authority to make the request.

We will acknowledge receipt of the request within ten (10) business days of its receipt. We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Sale of Personal Information

We never monetize your Personal Information or sell it to third parties for money. However, the CCPA defines "sale" broadly, and that definition could include information that we have shared with our service providers and certain technology providers. In the past twelve (12) months, we have "sold" (as defined under the CCPA) the following categories of Personal Information to the following categories of third parties:

We "sold" the Personal Information for the purposes described in this California Notice and the Privacy Notice.

We do not and will not knowingly sell the Personal Information of minors under the age of 16 without affirmative authorization.

Notice of Right to Opt-Out

Please see our “Notice of Right to Opt-Out” on our “Do Not Sell My Personal Information” page for more information about your opt-out rights.

Do Not Track

We use analytics systems and providers and participate in ad networks that process Personal Information about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. We do not currently process or comply with any web browser’s "do not track" signal or similar mechanisms.

Note, however, that you may find information about how to opt out of Google Analytics and DoubleClick online behavioral advertising, and/or block or reject certain tracking technologies in our Cookies Policy [Hyperlink to Cookies Policy].

UPDATES TO THIS CALIFORNIA NOTICE

We may change this California Notice. Please take a look at the "Last Updated" legend at the top of the Privacy Notice [Internal hyperlink to Privacy Notice] to see when this California Notice was last revised. Any changes to this California Notice will become effective when we post the revised California Notice on the Services. Your use of the Services following these changes means that you accept the revised California Notice.

CONTACTING US

If you have any questions or concerns about this California Notice and/or how we process Personal Information, you can contact us at:

Energy Beverages, LLC FAO: Privacy 2390 Anselmo Drive Corona, CA 92879 USA

You can also contact us by email at the following address: [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].