Effective Date: March 8, 2021 

At Etera Foods, LLC (“Etera”), we value your privacy and take concrete steps to protect the privacy of your personal information.  This Privacy Policy (“Policy”) explains our privacy practices and how they relate to Personal Data (i.e. any information relating to an identified or identifiable natural person), that we collect from or about you and other individuals who interact with us through our website, social media, and our products offerings and purchases, as well as our newsletters and publications (collectively, our “Services”).  By using any Etera website or Services, or otherwise submitting personal data to us, you consent to this Privacy Policy, including the way that we collect, use, and share your information, as described below.

  1. Personal Data Collected
  2. How We Process Your Personal Data and On Which Legal Grounds
  3. With Whom We Share Personal Data
  4. Cookies, Online Tracking, and Advertising
  5. Your Choices
  6. Retention of Data
  7. Security of Data
  8. Links to and Privacy Policies of Third-Party Websites
  9. Children’s Privacy
  10. International Transfers of Your Personal Data
  11. EU Privacy Rights
  12. California Privacy Rights
  13. Privacy Policy Changes
  14. Contact Information

1. Personal Data Collected

How we collect your Personal Data depends on how you interact with Etera, such as through our website, social media, our products offerings and purchases, and promotional materials.  

Categories of Personal Data

We generally collect Personal Data directly from you.  This can be through email or over the phone, or through online forms or other functionalities of our website or ecommerce services that allow you to submit information to us. The Personal Data that we collect from you may include:

  1. Contact information (such as your name, address, email address, phone number, facsimile number, and postal code),
  2. The history of your use of our Services,
  3. Demographic information (such as age and gender),
  4. Personal or professional interests (such as your job and industry),
  5. Use and opinions about our products and Services,
  6. Payment information (such as credit or debit card account numbers) if you purchase directly from us,
  7. Job applicant data (such as name, email, resume, social media profiles (e.g., LinkedIn), cover letter, and any other information you send us as part of an employment application), and
  8. Data gathered by technology when you visit our website.

We also automatically collect your IP address and other information about you from cookies, and other similar technologies, which may be considered Personal Data under applicable laws. For more information on use of cookies and similar technologies, please see Section 4 below.

When we Collect Your Personal Data

We collect Personal Data directly from you when you:

  1. Subscribe to receive emails or newsletters from us, or send us comments,
  2. Participate in our promotional efforts, such as contests or sweepstakes;  
  3. Registering to participate in forums or communities we may offer or sponsor,
  4. Purchase or otherwise register to receive a product or service from us,
  5. Send information to us, including by email, social media, or through our website,
  6. Respond to our inquiries about your experiences with our products and services,
  7. Contact us or apply for a job with us.

We may also combine the information that we collect directly from you with information that we receive from third parties, including those that are acting on our behalf or who may be providing services to us, such as web analytics or our ecommerce service providers.

2. How We Process Your Personal Data and On Which Legal Grounds

We process your Personal Data for our legitimate interests or as otherwise set out in this Privacy Policy.  Whenever a particular processing activity requires your consent, we will ask you separately for your consent.  We process your Personal Data in order to:

  1. Provide our products or services to you, process your orders or service requests, and communicate with you on related issues such as customer service, and product and service fulfillment, and refunds and exchanges – all of which may be necessary to perform our contracts with you,
  2. Customize your experience with our Services, including by way of personalized marketing and promotional offerings that inform you about our current and future product and service lineups, as well as our upcoming events and newsletters,
  3. Statistically analyze your use of our website (for more information in this respect, see Section 4 below), improve our product and service offerings, and enhance the content and layout of the product and services we offer through our website,
  4. Diagnose, repair and track product, service and quality issues,
  5. Install and configure changes and updates to our products and services,
  6. Send you administrative notices to inform you about important changes in our contractual relationship – which is also necessary for the performance of our contract with you,
  7. Expand our prospective customer database with marketing data that we receive from third parties,
  8. Resolve disputes and enforce our agreements with you, including our Website Terms of Use – which may also be necessary to defend our interests and claims, and
  9. Consider employment applications from you – which may also include processing necessary to comply with a legal obligation.

3. With Whom We Share Personal Data

We may share your Personal Data with our corporate affiliates, subsidiaries, business units and other companies with which we share common ownership, for the purposes described above.  We may also share your Personal Data:

  • With third-party service providers who process Personal Data on our behalf pursuant to contractual arrangements in order to help us market and deliver our Products and Services to you; we may also employ third-party marketing companies to enhance our outreach to you,
  • If you choose to submit content or comments on our website or social media, where we or Thirds Parties have provided such functionality, we may publicly display your name, screen name and other information you have provide which may personally identify you,
  • Where we believe in good faith that sharing Personal Data is necessary to comply with legal requirements or with a legal process, such as a search warrant, subpoena, or court order; to protect and defend Etera’s rights or property; or to enforce our licenses or services agreement(s).
  • In connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving the sale, transfer, divestiture, or dissolution of all or a portion of our business or assets, including situations of insolvency, bankruptcy or receivership.  Please note that if another company acquires Etera or its assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.
  • With third parties for their marketing purposes, where you have consented or where such disclosure is otherwise lawful (for instance, we may disclose Personal Data to third parties that offer products or services which we think might be of interest to you).

We may also enable our website to include social media features that allow you to share information within your social networks and interact with Etera on various social media platforms. Use of these features may result in additional collection or sharing of information about you, depending on the feature and the particular social media platform. We encourage you to review the privacy policies and settings on all social media platforms with which you interact to make sure you understand the information that may be collected, used and shared by those sites.  This Privacy Policy does not apply to the privacy practices of any third-party social media platforms that may be accessible through links on the Etera websites or mobile applications.

4. Cookies, Online Tracking, and Advertising

We employ technology on our website that allows us automatically to gather certain types of information about how you interact with us, including website traffic information such as your Internet Protocol (“IP”) address and other numeric codes used to identify your computer or its operating system or browser.  We use this information to better understand usage patterns, to personalize and enhance your experience with our Services.  We may gather this information in a format that personally identifies you or in an aggregate format that may not be personally identifiable.

How does Etera use cookies and other similar technology?

We use cookies and other similar technology to track the usage of our Services and to make navigating our website easier by, for instance, saving your browsing preferences, recognizing you when you return to our website, coordinating with online ecommerce functions if we offer them, and tailoring a personalized online experience for visitors to our website.  The cookies (e.g.,. Flash cookies, cache cookies, eTags) and other similar technology (e.g., web beacons, clear gifs, or similar functionality embedded into our website’s code) that we use on our websites fall into four main categories:

  • Strictly Necessary: These cookies are essential for running our website and are key to providing you with a seamless website experience. These include cookies that allow you to be remembered as you explore the website within a single session or from session to session. They also assist in security issues and conforming to regulations.
  • Functional and Performance: These analytic cookies allow us to improve the website’s functionality by anonymously tracking usage and to help us understand what website pages and functions are popular. We may also look at where and how content is accessed so we know how to arrange our website for optimal user experience. In some cases, these cookies improve the speed with which we can process your requests and allow us to remember website preferences you’ve selected. They may also help connect you to your social networks. We count clicks on “Like” and “Tweet” plugins and what content from our websites was shared or referenced. De-selecting these cookies may result in poorly-tailored recommendations and slow website performance. You also may not be able to share effectively with Facebook, Instagram, or other social networks. We also examine what type of reference was used to reach our websites, such as an email newsletter or a link from a referral website, so we can estimate the effectiveness of our promotions.
  • Personalization: These cookies help make the content as personalized as possible, for example by showing you targeted banners and relevant recommendations.
  • Advertising: These cookies collect information to help better tailor advertising to your interests, both within and beyond the Etera website. De-selecting these cookies may result in seeing advertising that is not as relevant to you.

Most web browsers include settings that will allow you to opt-out of receiving (i.e. reject) the cookies that we use on our websites.  Please note, however, that if you change your web browser settings after you have already visited our websites, you may also have to delete any existing cookies from your web browser.

Many of our cookies are functionality cookies and some of these cookies are managed for us by third parties.  While you can opt-out of receiving our cookies and still access our website, you may find that some parts of our website will no longer continue to function the same way as when cookies are enabled or may appear to function improperly.  This is because we rely on certain cookies to provide a seamless, interactive and personalized online experience and without certain cookies, some functionality of our website may become unavailable.

Do Not Track

At this time, the Etera website does not respond to Do Not Track beacons sent by browser plugins as there is not yet a common agreement about how to interpret these signals.

More Information

For more detailed information about cookies visit https://www.allaboutcookies.org/.  To opt out from behavioral advertising by networks adhering to the Network Advertising Initiative, visit http://optout.networkadvertising.org/.

5. Your Choices

We value your interest in accessing the Personal Data that you provide to us in order to correct, amend or delete it.  You may request such access by contacting us at privacy@EteraFoods.com.  Please note, however, that we may deny your access requests in certain circumstances if, for instance, allowing you access: would compromise another’s privacy rights; be likely to interfere with the safeguarding of national security, defense, or public security; could interfere with law enforcement or legal actions; or in other situations in compliance with applicable laws.  These are examples and other reasons may apply.

If you do not wish to receive information from us via email about our Products and Services, please let us know by clicking on the “Unsubscribe” link on our emails and electronic newsletters, or by contacting us at privacy@EteraFoods.com.  We will remove your name from our distribution lists upon request in accordance with applicable law.

For additional information about EU rights, please see Section 11 below.

6. Retention of Data

We will keep your Personal Data as reasonably necessary to fulfill the purposes for which Personal Data is collected as stated herein; for as long as is necessary for the performance of the contract between you and us, if any; and to comply with legal and statutory obligations, such as in tax, trade and corporate laws. When we no longer need your Personal Data for our purposes, we will destroy, delete or erase that Personal Data or convert it into an anonymous form.

7. Security of Data

Our security measures include safeguarding and monitoring networks and controlling access to our files, equipment and buildings. While we will take reasonable steps to protect your Personal Data in our possession from loss, misuse, unauthorized access, disclosure, alteration, and destruction, no system is completely secure and therefore, we cannot assure you that the Personal Data we collect will never be used or disclosed in a manner that is inconsistent with this Privacy Policy.

8. Links to and Privacy Policies of Third-Party Websites

Our website and emails may include links to third party websites or other online services.  We are not responsible for these other sites and services, or their data collection practices. Please review their privacy policies before using such sites or services to understand how they collect and use your information.

9. Children’s Privacy

We do not knowingly collect Personal Data from children under the age of sixteen (16); website and other Services are not directed to children under the age of sixteen (16).  By using our Services, you represent that you are age sixteen (16) or over. If you are a child under sixteen (16) years of age, you should not send us any Personal Data.

If you believe that a child may have provided his or her Personal Data to us or if you have any questions about which websites or mobile applications we have designed for use by children under the age of sixteen (16), please contact us at privacy@EteraFoods.com. If we become aware that we have collected Personal Data from a child under the age of sixteen (16) through Services that are not designed for or directed at children under the age of sixteen (16), or without the verifiable consent from the child’s parent or guardian, we will dispose of that Personal Data immediately as required by applicable law.

10. International Transfers of Your Personal Data

Etera is located in the United States and subject to U.S. law. If you are outside the U.S., please note that by using this website or providing Personal Data to Etera, your Personal Data will be transferred to the United States. If you are not a resident of the United States, your country’s laws governing data collection and use may differ from those in the United States. 

11.  EU Privacy Rights

If you are visiting this website from the EU or where applicable EU data protection laws so provide, you may also exercise the following rights regarding your Personal Data:

Access
You have the right to obtain from us confirmation if your Personal Data is being processed and certain information in this regard.

Rectification
You have the right the request the rectification of inaccurate Personal Data and to have incomplete data completed.

Objection
You have the right, when we process Personal Data on the grounds of legitimate interests, to object to the processing of your Personal Data for compelling and legitimate reasons relating to your particular situation, except in cases where legal provisions expressly provide for that processing. In addition, you have the right to object at any time where your Personal Data is processed for direct marketing purposes.

Portability
You may receive your Personal Data that you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit them to other data controllers without hindrance. This right only exists if the processing is based on your consent or a contract and the processing is carried out by automated means.

Restriction
You may request to restrict processing of your Personal Data if (i) you contest the accuracy of it – for a period we need to verify your request; (ii) the processing is unlawful and you oppose the erasure of it and request restriction instead; (iii) we no longer need it, but you tell us you need it to establish, exercise or defend a legal claim; or (iv) you object to processing based on public or legitimate interest – for a period we need to verify your request.

Erasure
You may request to erase your Personal Data if it is no longer necessary for the purposes for which we have collected it, you have withdrawn your consent and no other legal ground for the processing exists, you objected and no overriding legitimate grounds for the processing exist, the processing is unlawful, or erasure is required to comply with a legal obligation.

Right to lodge a complaint
You also have the right to lodge a complaint with a supervisory authority, in particular in the EU Member State of your residence, or the location where the issue that is the subject of the complaint occurred.

Right to refuse or withdraw consent
Please note that in case we ask for your consent to certain processing, you are free to refuse to give consent and you can withdraw your consent at any time without any adverse negative consequences. The lawfulness of any processing of your Personal Data that occurred prior to the withdrawal of your consent will not be affected.

If you have questions about exercising any of those rights or their applicability to any of our particular processing activities or have questions about any data transfer mechanism or want a copy thereof, you may contact us at privacy@EteraFoods.com.

12. California Privacy Rights

California Consumer Privacy Act.  If you are a California resident, you may have specific privacy rights governed by the California Consumer Privacy Act (CCPA). These rights include:

  • Disclosure.  California residents may request that we disclose the categories of personal information collected; the categories of sources from which personal information is collected; the business or commercial purpose; the categories of third parties with which the businesses shares personal information, and the specific pieces of information we hold about you (subject to specified limitations) twice in the past 12 months.
  • Opt-Out. California residents may opt-out to the sale of your personal information to third parties.
  • Deletion. California residents may request that we delete certain personal information collected from you.
  • Non-Discrimination. We will not discriminate against you based on your exercise of any of the above rights.

We will do our best to fulfill requests made under the CCPA. To submit a request, please send an email to privacy@EteraFoods.com.  Please include your contact information and home street address. We may require additional information to verify your identity before responding to a CCPA rights request. We may also need to ask you for other information (e.g., last four digits of your credit card, email address, phone number) so that we can match the new information you provide with the information we have. We may also use other verification methods as the circumstances dictate. If through reasonable efforts we are unable to verify your request to a reasonable degree of certainty, we will notify you. We will respond to your request within 45 days if possible and as required under applicable law.

Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you. If you ask us to delete it, you may no longer be able to access or use the Services. For further details on California residents’ privacy rights see Cal Civil Codes §§ 1798.80-83.

California Privacy Rights relating to Marketing Use of Your Personal Data

A business subject to California Civil Code section 1798.83 (the “California Shine the Light” Law) is required to disclose to its California customers, upon request, the identity of any third parties to which the business has disclosed personal information within the previous calendar year, along with the type of personal information disclosed, for the third parties’ direct marketing purposes. Please note that under California law, businesses are only required to respond to a customer request once during any calendar year.

If you wish to opt-out of such disclosures of your Personal Data or if you would like additional information on your opt-out rights under this law, please contact us privacy@EteraFoods.com.  Mention in your email that you are making a “California Shine the Light” inquiry. We will respond within 30 days. 

13. Privacy Policy Changes

We reserve the right to amend this Privacy Policy at any time to reflect changes in our Services or practices, changes in applicable laws, or as we may deem necessary or appropriate. We will post an updated version on our website.  Your use of our website after the effective date stated on the Privacy Policy constitutes your acceptance of the amended policy.  We reserve the right to apply the amended terms to the information that we have already collected, subject to any legal constraints.

14. Contact Information

If you have any questions about this Policy or if you believe that your Personal Data has been processed or disclosed in violation of this Policy, please contact us by sending an email to privacy@EteraFoods.com.