Verb Energy – Privacy Policy

Effective Date: August 6, 2020

Verb Energy Inc. (“Verb”, “we”, “our” or “us”) collects information from you when you visit our website, https://www.verbenergy.co/ (our “Site”), and use our a text-messaging based customer service program (our “Program”) that allows you to purchase our energy bars and other offerings (“Products”), enroll in our monthly subscription program (“Verb Flex”) and manage your purchases if you have purchased our Products or are enrolled in Verb Flex. In this Privacy Policy, our Site, Program, Verb Flex and any other apps, tools, content or offerings provided through our Site and our Program are referred to as our “Services”.

Please read this Privacy Policy carefully and in its entirety. It describes what information we collect when you visit our Site or use our Services, including information that can directly or indirectly identify you as an individual (“Personal Information”), how we use, share and protect that information and the choices we offer to you to manage or control your information. You acknowledge that by visiting our Site or using our Services, you accept the practices and policies outlined in this Privacy Policy, and you consent to our collection, use and sharing of your information, including Personal Information, in the manner described herein. If you do not agree with all of the provisions of this Privacy Policy, you may not visit our Site or use our Services.

If you have a question about your privacy or this Privacy Policy, you can contact us by emailing or sending us a text message to the following email address and phone number:

Email Address: [email protected]

Phone Number: 415-915-8372

1. COLLECTION OF INFORMATION

This section of this Privacy Policy explains what information we collect, including both Personal Information and information that cannot directly or indirectly identify you as an individual (“Non-Personal Information”).

1.a. Collection of Personal Information

Visitors: If you visit our Site without purchasing Products or signing up for Verb Flex (such a person, a “Visitor”), we do not collect or store any Personal Information from you that you do not voluntarily provide to us or authorize a third party to provide it to us. You can voluntarily provide us with your first and last name, email address, phone number, company name and a typed message through our Site.

Customers: If you purchase our Products through our Site or our Program (such a person, a “Customer”), we will collect the following Personal Information:

  • First and last name;
  • Email address;
  • Mobile phone number;
  • Mailing address;
  • Payment information, including your name, credit card information and billing information (“Payment Information”), the date and time of your payments, the amount charged and any other information we deem necessary to verify payments;
  • When you send and receive text messages through our Program, we collect the content of those messages, including any photos, files, text and other content you send or transmit; and
  • If you send or receive text messages on your mobile device through our Program, we may collect your phone number, your ZIP code, city, state, and country and the unique device ID number of your mobile device.

Payment Information: We currently process payments and handle Payment Information through our third party partner, Stripe. For your protection, we only accept credit card information through a secure input form provided by Stripe over a secure HTTPS link. After you enter your Payment Information, we interact with Stripe via tokens and do not receive your credit card information.

Third Parties: We may collect publicly available Personal Information from third party sources. We may also utilize third-party data providers to provide known marketing and social information using your email and/or phone number. This information helps us improve our products and customer experiences.

1.b. Collection of Non-Personal Information

Regardless of how you use our Services, we may collect Non-Personal Information from you automatically when you visit our Site, send us text messages through our Program and when you or a third party provides it to us.

Our Site: If you visit our Site, we may use Cookies to automatically collect the following information about your activity on our Site:

  • Usage Information. We may collect certain details about your access to and use of our Site and our Services, including without limitation your preferences, settings, the features of our Services you use, your device’s Internet Protocol (“IP”) address, access dates and times and browser type.
  • Device Information. We may collect information about your computer and/or mobile device, including without limitation the model, operating system and version, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.

“Cookies” are small pieces of data stored on an internet browser that collect Non-Personal Information about the activity of the person using the browser.We may use “Session Cookies” to remember your activities while you visit our Site. We may use “Persistent Cookies” to provide you with information specifically relevant to you when you visit our Site.

2. USE OF INFORMATION

This section of this Privacy Policy explains how we may use the information we collect.

2.a. Use of Personal Information

If you are a Visitor, we may use the Personal Information that you provide to us to respond to your inquiries and send you information and updates about us and our services.

If you are a Customer, we may use your Personal Information for the following purposes:

  • To provide, maintain, optimize and improve our Site and our Services, including to ensure Products are delivered, prevent fraud and abuse, address errors with our Site and our Services, facilitate payments, develop new features and provide support to Customers;
  • To identify you as a Customer in our system, including by sending authentication codes, and identify any prior or current orders for Products you have placed;
  • To process and respond to your inquiries and requests;
  • To communicate with you about changes to our Terms of Service and this Privacy Policy;
  • To send you promotional emails and messages and information about our Services and our Products and the products and services of other companies; and
  • To detect, investigate and prevent activities that may violate our Terms of Service or be illegal.

2.b. Use of Non-Personal Information

We may use Non-Personal Information for any purposes that we may deem appropriate, including to learn about how you use our Services (through our own analyses and by providing such information to third parties), what features you like or find valuable and how we can improve the quality and usefulness of our Services.

3. DISCLOSURE AND SHARING OF INFORMATION

This section of this Privacy Policy explains the reasons we disclose or share your information and with whom we may share it.

3.a. Disclosure and Sharing of Personal Information

We may disclose your Personal Information with your separate consent and in the following situations without your separate consent:

  • To our subsidiaries and affiliates;
  • To contractors, service providers and other third parties we use to provide our Services, including providers of delivery and hosting services;
  • To a buyer or successor in interest in the event that we participate in a substantial corporate transaction, such as the sale of our business or a merger or consolidation with a third party;
  • When it is necessary in our opinion to do so to prevent, investigate, detect or prosecute criminal offenses or attacks on the technical integrity of our Services or our network;
  • To protect our rights, property and safety and the rights, property and safety of our Users, our employees and other contractors and service providers;
  • To comply with any subpoena, court order, law or legal process, including to respond to any government or regulatory request;
  • To enforce our rights arising from any contracts entered into between you and us, including our Terms of Service; and
  • To defend against legal claims.

If you are a Customer, we may share your first and last name and delivery address when you order Products with the deliverer of those Products, solely to facilitate delivery of your Products.

3.b. Non-Personal Information

We may disclose Non-Personal Information to anyone we choose without restriction.

4. CONTROL OF INFORMATION

We strive to provide you with choices regarding the information, including Personal Information, you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

4.a. Retention of Information

At this time, we do not have a policy limiting our retention of your information, including your Personal Information. We may keep your information, including your Personal Information, indefinitely.

4.b. Personal Information

Whether you are a Visitor or Customer, you cannot view the Personal Information we have collected from you. However, Customers may request such information from us for review and update, correct or request deletion of the Personal Information associated with their accounts by contacting us at the email address or by texting us at the telephone number provided at the beginning of this Privacy Policy. We will use our best efforts to honor your requests to delete Personal Information, but we may retain an archived copy of your information, including your Personal Information, as required by law or for legitimate business purposes.

We reserve the right to delete or suspend your account as a Customer for any reason. If we delete or suspend your account, we may purge the information connected with your account if and when we choose. Please note that we may retain your Personal Information even if you request that we delete it for legal and business reasons.

4.c. Payment Information

When you order Services, we use a third party payment processor to collect and process Payment Information. We do not store Payment Information on our servers, but this information is processed through our third party payment provider.

4.d. Promotional Communications

You may opt out of receiving promotional messages from us via email and text message by following the instructions in those messages or by sending us an email or text message at the email address or phone number provided at the beginning of this Privacy Policy requesting that you no longer receive promotional text messages. If you opt out, we may still send you non-promotional messages via email and text message, such as messages with information about our your orders of Products or responses to your questions and/or comments.

5. PROTECTION OF YOUR INFORMATION

We work hard to prevent unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. We use industry-accepted administrative, logical, physical and managerial measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. Please note that no information security practices are 100% secure or immune from circumvention. We can’t give you an absolute guarantee that your Personal Information will always be secure. If we learn of a security breach that jeopardizes, or may jeopardize, the security and confidentiality of your Personal Information, we will attempt to notify you electronically (subject to any applicable laws) by the means described in our Terms of Service so that you can take appropriate protective steps.

6. THIRD PARTY SERVICES

Our Site and any material that we send to you may contain links or otherwise provide access to third party websites and services. We also work with third party service providers to provide our Services. Please be aware that we have no control over the policies and practices of third parties, including those relating to the collection of information through their websites and applications (“Third Party Practices”). We are not responsible for Third Party Practices.

7. CHILDREN’S INFORMATION

We are committed to protecting the privacy of young children, and therefore we do not knowingly collect Personal Information from persons under the age of 13. No part of our Services are directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE OUR SERVICES AT ANY TIME OR IN ANY MANNER. If we discover that Personal Information has been collected from a person under the age of 13 without verified parental consent in accordance with the Children’s Online Privacy Protection Act of 1998, we will immediately delete such information.

8. CHANGES TO PRIVACY POLICY

We may change this Privacy Policy from time to time to accommodate new technologies, industry practices, regulatory requirements or for other purposes. If we make significant changes in the way we treat your Personal Information, we will provide notice of such changes to you by (a) email sent to the email address you last provided to us, or (b) by text message sent to you through the Program using the telephone number you last provided to us. Changes will take effect seven (7) days after we post or send you notice. If you object to any changes, you must cease all visits to our Site and all use of our Services. By continuing to visit our Site and use our Services after we publish or communicate a notice about any changes to this Privacy Policy, you consent to those changes.

9. YOUR CALIFORNIA PRIVACY RIGHTS

Under the California Consumer Privacy Act or CCPA, and subject to exceptions, California residents have certain rights regarding their data, including:

  • The right to know the categories of Personal Information we’ve collected and the categories of sources from which we got the information;
  • The right to know the business purposes for sharing Personal Information;
  • The right to know the categories of third parties with whom we’ve shared Personal Information;
  • The right to access the specific pieces of Personal Information we’ve collected and the right to delete your information;
  • The right to opt out of having your Personal Information sold. We do not sell or rent Personal Information to third parties, as we understand that term to be defined by the CCPA and its implementing regulations.

California residents also have the right to not be discriminated against if they choose to exercise their privacy rights. As a California resident, you may exercise your right to know or your right to deletion by emailing us at the email address provided at the beginning of this Privacy Policy. We may ask for additional information to verify your account and your identity prior to accessing or deleting your information. You may also designate an authorized agent to make a request to know or a request to delete. We do not currently have a reasonable method of verifying the identity of non-registered users to a reasonable degree of certainty, as we do not maintain enough Personal Information to enable us to verify non-registered Customers with sufficient certainty. Thus, we cannot honor the access or deletion requests of non-Customers at this time.

We do not currently recognize or respond to browser-initiated Do-Not-Track signals, as the Internet industry is currently still working on Do-Not-Track standards, implementations and solutions.