Our Terms & Conditions have changed.
Below are the new Terms & Conditions as of September 1st, 2015

TERMS OF USE

General

The following Terms of Use (the “Terms,” or the “Terms of Use”) is a legal contract between you and Osem USA, Inc. (hereinafter “Osem USA” or “we” or us”), regulating your use of the Website “GratifyFoods.com” and the accompanying mobile application site (collectively, the “Website”), and any content or services offered therein.

PLEASE READ CAREFULLY THE TERMS OF USE. THEY GOVERN YOUR USE OF THE WEBSITE. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE OR SERVICES OR BOTH, YOU ACKNOWLEDGE THAT YOU ARE RECEIVING A BENEFIT FROM OSEM USA, AND THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS IN CONNECTION THERWITH (WITHOUT MODIFICATION), INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS MADE BY OSEM USA TO THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE FOLLOWING TERMS AND CONDITIONS (WITHOUT MODIFICATION), WE RECOMMEND THAT YOU REFRAIN FROM USING THE WEBSITE OR THE SERVICES.

These Terms of Use apply to surfing, using or visiting this Website by any means, including by means of any computer or other communication devices (cellular phones, laptops, tablets, etc.).  The term “User(s)” shall include in these Terms of Use any such user, surfer or visitor of or to this Website via any device.

Osem USA, Inc., the owner of this Website, seeks to ensure the accuracy and completeness of information on this Website.  However, we are not responsible if the information that we make available on this Website is not accurate or complete and you rely on such information at your own risk. It is your responsibility to monitor any changes to the material and the information contained on this Website.

Similarly, we reserve the right to change these Terms of Use at any time without notice.  Please check back often to ensure you are aware of any updates or changes to these terms.

The Website, and all content contained therein, is copyrighted work belonging to Osem USA. Osem USA grants you the right to use the Website subject to the terms set forth below

Website Use

The purpose of this Website is to provide the public with information regarding Gratify Foods™. Osem USA may, in addition to and among others, run chat groups, blogs, and other communication channels in the context of this Website, enabling this Website’s Users to present questions and/or opinions and/or converse with Osem USA or other Users or to upload and/or to publish information (hereinafter, “Users’ Content”).

In using this Website you agree you will refrain from doing any act that Osem USA in its discretion may deem inappropriate or unlawful, including without limitation:

Activating or enabling the activation of any computer applications or any other means to search, scan, copy or automatically retrieve this Website’s content in whole or in part or creating or using any means to create compilation, collection or information bank which will contain this Website’s content (in whole or in part).
Presenting this Website or its content on a different Website, whether overt or hidden.
Presenting this Website or its content by means of any program, device, accessory, or communication protocol which alters, or detracts in any way from, the Website’s design or content (including any advertisements and commercial content).
Posting Users’ Content, or creating a link connecting this Website to any other Website that contains content, that is defamatory, racist, obscene, threatening, pornographic or otherwise unlawful.
Using this Website to defame or libel Osem USA or its employees or other individuals or acting in such a way that brings into disrepute the good name of Osem USA.
Uploading files that contain viruses that may cause damage to the property of Osem USA or of other parties.
Osem USA may at its exclusive discretion (a) require you, without liability to Osem USA, to cancel any link to this Website, (b) remove or change any Users’ Content on this Website and (c) deny any Users the use of the Website’s services.

Product Offerings

Please be aware that some products, services, or product features described on the Website may not be available in your jurisdiction and generally may not be available outside of the United States. The laws of each country, state, or territory may differ and not all products and services are available in all locations. References to products or services unavailable in your jurisdiction do not imply that these products will be made available to you, and nothing on the Website shall be considered a solicitation to buy or sell a services to any person in any jurisdiction where such offer or solicitation or sale would be unlawful under the laws of that jurisdiction.

Links

From time to time, the Website may provide information from or contain links to other websites operated by third parties. Such links are for your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of the non-Osem USA website or its owner, and Osem USA does not review, approve, monitor, endorse, warrant or make any representations with respect to third party websites or the accuracy of any content contained therein. Osem USA is not in control of, or responsible for the content, accuracy or functionality of other third party websites, including but not limited to any opinions, advice, statements, services, offers, or other information expressed or offers of such third party websites, to which this Website may be linked.  The links are provided in good faith, and Osem USA will not be responsible for any subsequent change in other third party Websites to which we provide a link. If you do access any of the third party websites linked to or from the Website, you do so entirely at your own risk. Third Party websites are subject to their own terms and policies, including privacy and data gathering practices. Osem USA is entitled to remove from this Website any previously featured links or to refrain from adding new links, all at its own exclusive discretion.

The inclusion of any link to other Websites does not imply endorsement by Osem USA, nor does it ensure that the link is in working order or actually leads to an active Website.  We recommend Users carefully read the legal and privacy notices of all other Websites that they visit.

Users’ Content

This Website may allow users to post text, ideas, artwork, inventions, developments, suggestions or concepts, images, audio, video, links to other sites, or other content to the Website (“User Content”). Accordingly, you may see User Content that has been submitted to this Website by individuals not affiliated with Osem USA.  Neither Osem USA nor any of its affiliates endorses these individuals nor are we in any way associated with any of the User Content that they may post on this Website or link to from this Website. Neither Osem USA nor its affiliates (nor their respective officers, directors, employees or agents) shall have any responsibility or liability arising in connection with any User Content or in connection with the conduct of Users. Users’ personal information submitted to the Website will not be considered User Content.

Any User Content Users transmit to this Website is, and will be treated as, non-confidential and non-proprietary.  User Content will become the property of Osem USA, which may use it for any purpose, including reproduction, disclosure, transmission, publication, broadcast and posting, without consideration being due to the User submitting it. By submitting User Content, you are also warranting that you own the User Content submitted, that it is not defamatory, and that Osem USA’s use of the User Content will not violate any third party’s rights or otherwise place Osem USA in breach of any applicable laws. Osem USA is under no obligation to use the submitted User Content and may at its discretion remove it at any time, edit it and determine its location on this Website and the manner and duration of its presentation.

User Content does not necessarily reflect Osem USA’s opinion or position on any given matter, nor does the publication of User Content ensure its completeness, reliability, accuracy or legality.

Privacy

Your privacy is important to Osem USA. Osem USA’s Privacy Policy is hereby incorporated into these Terms. Please review the Osem USA privacy policy at http://www.gratifyfoods.com/terms-of-use/

Intellectual Property

All names, logos, service marks, and trademarks, brand identities, URLs, domain names, characters, trade names, graphics, designs, copyrights, downloadable media, and all other intellectual property appearing in this Website (“Content”), except as otherwise noted, are protected intellectual property of, or used with permission or under license by, Osem USA or its parent corporation, Nestle Group, and its affiliates, and is protected by copyright laws throughout the world.  This includes the entire Content of the Website copyrighted and protected as a collective work.

The use or misuse of these trademarks or any other Content on this Website, including but not limited to use of the Content as a metatag, hidden textual element, or any other indicator that may create an impression or affiliation, sponsorship, endorsement, or any other relationship between you and the Website or Osem USA, except as otherwise provided in these Terms of Use or in the Website’s content, is strictly prohibited.  Osem USA grants Users a limited license to reproduce portions of the Website for the sole purpose of off-line review of the Content in connection with your status as a customer, current or potential, of Osem USA’s, or your status as an owner of or investor in Osem USA. All copyright and other proprietary notices on any Website or Content must be retained on any copies.  However, you may not distribute text or graphics to others without our prior written consent.  You may not modify, reproduce, copy, distribute, transmit, display, publish, download or upload, sell, license, create derivative works of or use any aspect of the Website or the Content for commercial or public purposes or for any other purpose not expressly permitted by these Terms or the applicable law of your jurisdiction, and nothing contained on this Website should be construed as granting any license or right to use any Content displayed on this Website.  You may not harvest or otherwise collect information about others, take any action that imposes an unreasonably large load on this Website’s servers, violate the security of the Website, or engage in any other conduct that exposes Osem USA or any Users to any liability or potential harm.

We reserve all other rights and nothing herein shall be construed to restrict Osem USA’s rights to pursue all remedies available to it hereunder, at law or in equity, against any person for any unauthorized use, or unauthorized facilitation of use by another, of the Content, including, without limitation, a decree of specific performance and/or injunctive relief, and the exercise of any such right by Osem USA shall not prohibit Osem USA from seeking to enforce damages pursuant to any other Section hereof or available under the applicable law.

Osem USA respects the intellectual property of others, and we ask Users to do the same. Osem USA has no responsibility for content on other Websites that you may find or access when using Osem USA’s products or services.  Material available on or through other Websites may be protected by copyright and the intellectual property laws of the United States and/or other countries.  The terms of use of those Websites, and not this Website’s Terms of Use, govern your use of that material.

Osem USA reserves the right at its discretion to disable and/or terminate the accounts of Users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Osem USA or others.

From time to time, Osem USA may post certain articles or information to the Website, which may or may not have been written or prepared by Osem USA. Similarly, from time to time, certain Users may be granted access to, and may access, certain Osem USA blogs and/or communal discussion boards (i.e. message boards, chat-rooms, etc..,) (“Supplemental Content”). This Supplemental Content shall be considered Content for the purpose of this Agreement between Osem USA and the User.

Disclaimers

This Website, and the Content, is provided to you on an “As Is” and “As Available” basis, and consequently Osem USA provides no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability or satisfactory quality and fitness for a particular purpose) including warranties or representations that material on this Website will be complete, accurate, reliable, timely, non-infringing to third parties, that access to this Website will be uninterrupted or error free or free from viruses, that this Website will be secure, or that any advice or opinion obtained from Osem USA through this Website is accurate or to be relied upon. Any representations or warranties thereto are accordingly expressly disclaimed.  Some jurisdictions do not allow the exclusion of certain implied warranties in which event any required warranty applies to the minimum extent legally required. Osem USA, in addition, does not warrant or make any representations regarding the suitability, usefulness, or expected results of the Content, or any product referenced in connection therewith. If you become dissatisfied in any way with this Website or its Terms of Use or Privacy Policy, your exclusive remedy is to stop using this Website and its services.

Osem USA reserves the right, at any time, to modify the Website, the Content or modify, suspend, or discontinue the Website or any part thereof with or without notice. You agree that Osem USA will not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or the Content. Neither Osem USA nor any other party involved in the creating, producing or delivering this Website shall be responsible to maintain the material and services made available on this Website or to supply any corrections, updates, or releases in connection therewith.  Any material on this Website is subject to change without notice.

Neither Osem USA nor any other party involved in creating, producing or delivering this Website shall have any liability or responsibility for any direct, incidental, consequential, indirect, exemplary, special or punitive damages, costs, losses or liabilities (“Damages”) arising out of your access to, use, inability to use, or change in content of this Website or the Content, or arising from any other Website you access through a link from this Website or, to the extent permitted by law, from any actions we take or fail to take as a result of any electronic mail messages you send us, whether or not Osem USA has been advised of the possibility of such Damages.

Neither Osem USA nor any other party involved in the creating, producing or delivering this Website shall be liable or responsible for any loss caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Website.  If you choose to download material from this Website you do so at your own risk.

To the maximum extent permitted by applicable law, you expressly waive all claims against Osem USA and its officers, directors, employees, suppliers and programmers that may arise from your use or access of this Website.

Indemnities

You agree to, at your own expense, indemnify and hold harmless Osem USA and its officers, affiliates, directors, employees, representatives, agents, subsidiaries, licensors, suppliers, partners, and programmers for any claims, costs, damages, liabilities, fees and expenses (including reasonable attorneys’ fees and court expenses) (“Claims”) which may be borne by them, arising out of or relating to: (a) any act or omission by you, your affiliates, related parties, or representatives, in violation of these Terms of Use; (b) User Content you may have uploaded, transferred or published on this Website; (c) any use you may have made of this Website; or, (d) your violation of applicable laws, rules or regulations in connection with your use of the Website or the Content..

Amendment

The Terms are subject to occasional revision. Please review them periodically for current information. If Osem USA makes any substantial changes, Osem USA will, and you authorize Osem USA to, notify you by sending you an e-mail to the last e-mail address you provided to Osem USA (if any) and/or by prominently posting notice of the changes on the Website. Any material changes to these Terms of Use will be effective upon the earlier of five (5) calendar days following Osem USA’s dispatch of an e-mail notice to you or five (5) calendars days following Osem USA’s posting of notice of the changes on the Website. These changes will be effective immediately for new Users of the Website. Continued use of the Website following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Website.

Monitoring Use

Osem USA reserves the right to monitor any and all use of the Website in its discretion. However, unless required by law, Osem USA has no obligation toward any User to conduct such monitoring or take any action based on any monitoring Osem USA may conduct. In addition, Osem USA reserves the right to make record of any User’s interaction with the Website, and the Content therein, without providing notice to such User or person or such recordation.

Jurisdiction and Governing Law

Any controversy or claim arising from or pertaining to the use of this Website shall be governed by Israeli law and be submitted to the exclusive jurisdiction of the courts of the State of Israel.

General Provisions

There are no third party beneficiaries to these Terms. Nothing in these Terms should be construed as creating a partnership, joint venture or agency between you and Osem USA. You agree that if Osem USA does not enforce or exercise any legal right or remedy which is contained in the Terms (or which Osem USA has the benefit of under any applicable law), failure to do so shall not constitute a waiver of Osem USA’s right to do so, and that those rights or remedies will remain available to Osem USA.

Entire Agreement

These Terms of Use represent the entire agreement between the User and Osem USA, relating to the subject matter herein. If any provision of these Terms of Use are considered unlawful, void, or for any reason unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity and enforceability of the remaining provisions.

Copyright © 2013 Osem USA, Inc.

 

PRIVACY POLICY

Osem USA Consumer Privacy Notice

Gratify Foods is a subsidiary of Osem USA. Osem USA respects your right with regards to data privacy and data protection when you communicate (online or offline) with us through our various websites, including www.gratifyfoods.com, mobile applications, offline programs and events. We have therefore developed this Privacy Notice to inform you how Osem USA (“Osem USA,” “we,” or “our”) collects, stores, uses, shares, processes, and protects information about our consumers (“you”). It also tells you how you can access and update your personal information and make certain choices about how your information is used.

 

By using our websites, applications or by otherwise giving us your information, you are accepting the practices described in this Privacy Notice. If you do not agree to this Privacy Notice, you must not use our websites or applications or give us any of your information. We reserve the right to make changes to this Privacy Notice at any time. Any changes will be posted in this Privacy Notice and material changes will be prominently notified on the respective website or application this Privacy Notice applies to or will be otherwise communicated to you prior to the change becoming effective. We encourage you to regularly review this Privacy Notice to make sure you are aware of any changes and how your information may be used.

 

Please be informed that Osem USA is the data controller of any personal information you submit to Osem USA.

 

If you have any requests concerning your information or any questions with regard to this Privacy Notice please Contact Us.

 

For a detailed description of our privacy practices, please refer to the section of this Privacy Policy corresponding to any of the questions below.

 

What does this Privacy Notice apply to?
What information do we collect, including how do we respond to Do Not Track signals?
How do we use your information?
How do we protect your personal information?
What happens if you refuse to provide your personal information?
Who do we disclose your information to and why?
How can you access, modify, or make other choices regarding the use of your information?
Tracking Technology – How and why do we use them?
E Marketing – What is spamming and what is our position on spam e-mails?
How long do we keep your personal information?
Do we collect personal information from children?
Do we link to other third party sites?
Other important information
How can you contact us?
1. What does this Privacy Notice apply to?

This Privacy Notice applies to information that we collect from or about our consumers through the methods described below.

 

This Privacy Notice does NOT apply to information collected by our affiliate companies, or joint venture partners.

 

Please note we may combine information that we collect via one method (e.g., a website) with information that we collect via another method (e.g., an offline event). We do this to get a more complete view of our consumers, which, in turn, allows us to serve you better and with more customization.

 

Osem USA websites

This refers to any consumer-directed websites operated by Osem USA, including sites that we operate under our own domains/URLs and sites that we run on third party social networks such as Facebook (e.g., Facebook fan page).

 

Osem USA mobile sites/applications

This refers to any consumer-directed mobile sites or applications operated by Osem USA, including our smartphone apps (e.g., iPhone apps).

 

Osem USA text messaging programs

This refers to any consumer-directed text messaging programs operated by Osem USA. These programs might be advertised on one of our websites or applications or in a print ad.

 

Offline registration cards

This refers to printed registration and similar cards that we may collect from consumers via postal mail, in-store demos, or other offline events.

 

Call centers

This refers to information that we may collect from consumers through our call centers, for example if you call us with a question or comment or to sign up for marketing communications over the phone.

 

Data from other sources

This refers to information we may obtain about you from other sources. For example, we may hire a third party data aggregator to provide us additional information about our existing consumers (this is known as “data appending”). We may also receive information from third party co-sponsors who we may occasionally partner with to run special contests or other promotions. We may also receive information about consumers when we acquire other companies.

 

2. What information do we collect, including how do we respond to Do Not Track signals?

 

Depending on how you interact with Osem USA (online, offline, over the phone, etc.), we may collect from you various types of information (personal and aggregate), as described below.

Personal information (as used in this Privacy Notice) refers to such types of information that can be used to personally identify you, whereas aggregate information does not allow for such identification.

 

In some instances (and unless we say otherwise below), we may combine/link one type of information with another type of information (e.g., personal contact information with account login and/or demographic information), and store them together in our records. We strive to limit the amount of information we collect and store to that which is reasonably necessary to provide you the relevant services. We generally store your information for as long as your account is active with us or as needed to provide you the relevant services. We may store your information for a longer period of time to comply with legal or regulatory obligations, resolve disputes, enforce our agreements, or for records management purposes.

 

Personal contact information

This includes any information that would allow us to personally contact you, such as your name, home or mailing address, phone number (home, cell, etc.), or email address. In some cases, this could include personal information that you give us about someone else (for example, if you provide a friend’s email address for a tell-a-friend program). We typically collect personal contact information in connection with a variety of activities, including general website registration, newsletter sign-up, website community features,online purchases, customer service inquiries, contests and other promotions, and consumer surveys. If you create an account with us, your personal contact information may be stored under your account profile.

 

Account login information

This refers to any information that is required for you to establish a unique account with us or for us to give you access to your specific account profile. Examples may include your login ID/email address, screen name, password, and/or security question and answer. We only collect unique login information for those activities that require an account, such as general website registration, newsletter sign-up, and website community features. Your login information, especially your password, should be kept confidential and never shared with anyone else. To change your login email address or password, log in to the relevant edit account section of our site (if available), use the “forgot password” feature of our site (if available), or contact Consumer Services.

 

Demographic information

This includes any information that describes your demographic or psychographic characteristics. Examples may include your date of birth, age or age range, gender, geographic location (e.g., zip code, city and state, mobile location), favorite products, hobbies and interests, and household or lifestyle information. We typically collect demographic information in connection with a variety of activities, including general website registration, newsletter sign-up, website community registration, contests and other promotions, and consumer surveys. If you create an account with us, you may be allowed to modify certain demographic information stored under your account. To do so, log in to the relevant edit account section of our site (if available) or contact Consumer Services. For demographic information stored under your profile on a third party social network (e.g., Facebook), see separate paragraph on “Social network info.”

 

Technical computer information

This includes any information about the computer system or other technological device that you may be using to access one of our websites or applications. We typically collect this information through automated technologies such as cookies and web beacons. Examples of technical computer information may include your computer’s IP address, operating system type, and web browser type. If you access a Osem USA website or application via a mobile device such as a smartphone, the collected information may also include your phone’s unique device ID, and other similar mobile device data.

 

Website usage information and California Do Not Track Disclosures

This includes information about how you use and navigate our websites and applications, including which links you click on, which pages or content you view and for how long, and other similar information and statistics about your interactions with a Osem USA website or application (e.g., date and time of visit, which site you came from, favorite recipes and site activities, high game scores, etc.). This information is captured using automated tracking technologies such as browser cookies, flash cookies, and web beacons, and may also be collected through the use of third party tracking services (such as Google Analytics) that collect data in aggregate (such as number of visits to a particular page, or the amount of time spent on a web site). We may also use these technologies, such as web beacons, to capture information about how users respond to certain email campaigns (e.g., time the email is opened, where user links to from the email, etc.). Please see Section  8(“Tracking technologies – How and why do we use them?”)

 

Please note that “flash” cookies are different from “browser” cookies because of the way in which flash cookies capture and store data. Your browser’s cookie management tools will not remove flash cookies. To learn how to manage privacy and storage settings for Flash cookies click here:

 

We collect personal information about users over time and across different websites when you use this website or service. We also have third parties that collect personal information this way. We use tracking tools to serve you with interest-based advertising and to better understand your behaviors and browsing activities. We might permit third parties to gather information passively on our websites, including for behavioral advertising purposes. We partner with a third party ad network to either display advertising on our website or to manage our advertising on other sites. Our ad network partner uses cookies and web beacons to collect non-personally identifiable information about your activities on this and other websites to provide you targeted advertising based upon your interests. You will continue to receive generic ads. You can control tracking tools. In particular, your browser gives you the ability to delete or reject browser cookies. If you block cookies, certain features on our website may not work. Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so note that our systems may not recognize Do Not Track headers or signals from some or all browsers. If you block or delete cookies, not all of the tracking that we have described in this Privacy Notice will stop.

 

Consumer feedback

This includes information that you voluntarily share with us about your experience in using our products and services, including our websites and applications. Examples may include unsolicited comments and suggestions, testimonials, or other questions or feedback related to our products. We typically collect this information in the form of consumer surveys, consumer panels, contact forms, “Ask the Expert” forms, and email correspondence.

 

Consumer-generated content

This refers to any content that you create and then share with us (and perhaps others) by uploading it to one of our websites or applications, including one of our Facebook sites. Examples may include photos, videos, personal stories, or other similar media or content. We may collect and publish consumer-generated content in connection with a variety of activities, including contests and other promotions, website community features, consumer engagement, and third party social networking. Please consult our Terms of Service for greater detail on how we handle consumer-generated content.

 

Social network information

This refers to any information that is part of your profile on a third party social network (such as Facebook) and that you allow the third party social network to share with us. Examples include your basic account information (e.g., name, email address, gender, birthday, current city, profile picture, user ID, list of friends, etc.) and any other additional information or activities that you permit the third party social network to share with third party application developers. For example, we may receive your social network profile information (or parts of it) every time you download or interact with a Osem USA web application on a social network such as Facebook or every time you use a social networking feature that is integrated within a Osem USA site (such as Facebook Connect). To learn more about how your information from a third party social network may be obtained by Osem USA (or other third party application developers), please visit the website of the relevant social network. You further acknowledge using your personal information to match information with a social network for advertising purposes (see “Marketing communications” under Section 3 of this Privacy Notice)

 

Payment information

This includes any information that you use to make a purchase, such as your credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available). This also includes the billing name and address associated with your form of payment. If you create an account with us when making a purchase, your payment information may be stored under your account profile. To review or edit this information, log in to the relevant edit account section of our site (if one is available) or contact the customer service department listed at the relevant store website.

 

Other information (depending on context)

This refers to any other information that we might need to collect for a specific Osem USA form, feature, or other service that you use or request. What this information includes will vary depending on the method of collection and the specific purpose(s) for which the information is being collected. Please see Section 3 (“How do we use your information?”) for more specific examples.

 

3. How do we use your information?

The following paragraphs describe the various purposes and features for which we might collect and use your information, and the different types of information that might be collected from you through the different methods described in Section 1 above. Please note that not all of the uses below will be relevant to every consumer.

 

Account maintenance

We may use your information to maintain your accounts with us, including administering any consumer loyalty or rewards programs that are associated with your account. This typically involves the use of information that was originally collected to set up your account (e.g.,personal contact information, payment information, account login information, demographic information, etc.).

 

Customer service

We may collect and use your information to provide you customer service, including responses to your inquiries. This typically requires the collection and use of certain personal contact information (such as your name or email address) and information regarding the reason for your inquiry (e.g., order status, technical issue, product question/complaint, general question, etc.). Customer service may be provided through various forms of communication, including email correspondence, call center support, and live online chat features.

 

Product improvement and customization

We may collect and use your information so we can constantly improve our products, tailor them to your needs, and come up with new product ideas. This mostly involves the collection and use of demographic information and consumer feedback.

 

Consumer engagement

We may collect and use your information to get you more actively engaged with our products and services (including our websites and applications), thereby increasing overall brand engagement and awareness. This mostly involves the collection, use, and publication of consumer-generated content.

 

Contests and other promotions

We may collect and use your information to administer a contest, sweepstakes, giveaway, competition, or other similar marketing campaign or promotion. These events typically require the collection and use of personal contact information (for prize fulfillment), demographic information (for eligibility determination), and, in some instances, consumer-generated content. Some of our promotions may be run on third party social networks such as Facebook (for example, on our Facebook fan pages). To comply with legal requirements, we may publish or share a limited amount of information (such as name and city of residence) about the winners of a particular promotion. For more information about our contests and other promotions, please see the official rules or details posted with each promotion.

 

Marketing communications

We may collect and use your information to send you marketing communications, such as email communications, SMS text messages, and postal mailings. Please note that if you choose to receive SMS text messages, your plan fees for messaging will apply. We may also show you marketing communications on other websites, including on social media sites where you are a member, by matching activities or information collected on our websites with those collected on third party sites (“Targeted Advertising”).These marketing communications will keep you up-to-date on the latest news, events, special offers, and promotions from the Osem USA brands of interest to you. On occasion, these communications may also introduce you to other Osem brands and inform you about offers and promotions from other third party companies. Sending you marketing communications mostly requires the collection and use of certain personal contact information and demographic information. In some instances (such as for mobile apps and text messaging programs), this could involve the use of your precise geo-location, which may allow us to send you location-based offers and promotions.

 

You can always opt-out from receiving marketing-related email communications or text messages by following the unsubscribe instructions provided in each such communication. If you have an account with us, you may be given the option to change your communication preferences under the relevant edit-account section of our site (if available) or by contacting Consumer Services. Changing these preferences would also remove you from our lists for future Targeted Advertising. You may also visit social media sites where you are a member to explore opt out options they may provide for Targeted Advertising. Please note that even if you opt out from receiving marketing communications from us, you may still receive administrative communications from us, such as order confirmations, notifications about your account activities (e.g., account confirmations, password changes, etc.), and other important announcements. You will also still see generic ads on other websites, including on social media sites where you are a member.

 

Also, please note that if you participated in a promotion that involved a third party company, and, as part of that promotion, you agreed to receive future marketing communications directly from that third party, you will need to contact the third party (not Osem USA) to opt-out from such communications. This process may be outlined in the third party’s privacy policy.

 

Third party social networking

We may collect and use your information when you interact with third party social networking features such as “Facebook Connect” or “Facebook Like”. These features may be integrated in our sites or applications for the purposes of running contests, allowing you to share content with friends, or other stated purposes. If you use these features, we may have the ability to obtain certain information about you from your social networking profile (see “Social network information” under Section 2 of this Privacy Notice). You can learn more about how these features work, and the profile data we may obtain about you, by visiting the website of the relevant third party social network.

 

Website improvement and personalization

We may collect and use your information to improve and personalize your experience on our websites and applications. This is typically done through automated tracking technologies (such as cookies, see Section 8) that collect and remember certain account login information, technical information, and/or previous website usage information. For example, we might remember your login ID/email address or screen name so you can quickly login the next time you visit our site or so you can easily retrieve the items you previously placed in your shopping cart. Based on this type of information, we may also show you specific Osem USA content or promotions that are tailored to your interests.

 

Website community features

We may collect and use your information to give you access to website community features, including features that may allow you to upload and share recipes, pictures, videos, artwork, or other messages or content. This typically involves the collection, use, and (in some instances) public display of certain personal contact information, account login information, demographic information, and/or consumer-generated content. Because these features are “communal” in nature, information or content that you post in these areas may be visible to others. Please use caution when using these features or uploading content to Osem USA site. For some community features, we may give you the ability to control whether some parts of your profile can be seen by others. To access these settings, log in to the relevant edit account section of our site (if one is available) and access your community profile. For website community features that have social networking integration (such as “Facebook Connect”), see separate paragraph on “Third party social networking.”

 

Website viral features (e.g., tell-a-friend)

We may request and use your information so you can use website viral features, such as our tell-a-friend features. These features allow you to easily share certain Osem USA news, product information, promotions, wish list items, or other content with family members and friends. These features typically require the collection and use of personal contact information (such as names and email addresses) so that the selected one-time message or content can be delivered to the proper recipients. In most cases, we do not retain the information provided. In some cases (for example, as part of a refer-a-friend program), we may store the information so we can track and reward consumers for their successful referrals. For tell-a-friend or other viral features administered by third party social networks (such as Facebook’s “Share” and “Like” features), please refer to the website of the relevant social network for additional information.

 

Order fulfillment

We may collect and use your information to process and ship your orders, and to inform you about the status of your orders. This could involve the collection and use of certain personal contact information, payment information, account login information, and/or other information related to your purchase (such as products ordered). This could also involve the ongoing storage of your payment information to allow for easier checkout on future purchases.

 

Please note that there are many independent e-commerce sites that sell Osem products but that are not controlled or operated by Osem USA. Because these sites may have different practices than we do, we recommend that you read their privacy policies before making any purchases on those sites.

 

Other general purposes (e.g., website security, internal research)

We may collect and use your information for other general business purposes, such as to maintain the day-to-day operation and security of our websites and applications and to conduct internal marketing and demographic studies. These activities mostly require the collection and use of certain demographic information, technical computer information, website usage information, and consumer feedback.

 

4. How do we protect your personal information?

We use a variety of standard methods (described below) to help keep consumer information confidential and secure. Please note, however, that these protections do not apply to information you choose to share in public areas such as our website community features or other social areas.

 

Secure operating environments

We store your information in secure operating environments that are protected from the public and that we only allow authorized Osem USA employees and agents/contractors to access on a need-to-know basis. We follow generally accepted industry standards to protect personal information; however, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.

 

Encryption for payment info

We use industry-standard encryption to provide greater protection for sensitive financial information, such as credit card information, sent to us over the web. For example, encryption is used when you make payments through our online stores. Please note, however, that there are many independent e-commerce sites that sell Osem products but that are not controlled or operated by Osem USA. Because these sites may have different practices than we do, we recommend that you read their privacy policies before making any purchases.

 

Prior authentication for account access

 

We require our registered consumers to verify their identity (e.g., login ID/email address, password) before they can access or make changes to their account information. This helps prevent unauthorized access to your account.

 

Measures we expect you to take

It is important for you to also play a role in keeping your information safe and secure. When signing up for an online account, please be sure to choose an account password that is hard for others to guess and never reveal your password to anyone else. If you use a shared or public computer, never choose to have your login ID/email address or password remembered and make sure to log out of your account every time you leave the computer. You should also make use of any privacy settings or controls we may provide you in our website community areas.

 

5. What happens if you refuse to provide your personal information?

If you choose not to submit any personal information when requested, you may not be able to participate in certain activities and personalized features and may limit the services and special offers we can provide you. For example, if you refuse to share your email address, you will not be able to receive any of our newsletters or otherwise register on our websites or use our applications. If you refuse to provide your credit card number, you will not be able to purchase products at an Osem online store. However, to simply browse our websites and learn more about our products, you do not need to give us any personal information.

 

6. Who do we disclose your information to and why?

Osem USA will not share your personal information with any third party that intends to use it for direct marketing purposes unless we have specifically informed you and you have given us specific permission to do this.

 

We may share your personal information with our subsidiary companies, companies in which Osem USA. has control or affiliation through either direct or indirect ownership (collectively “Osem Group”). Osem USA may also share your personal information with third parties, but only in the following circumstances:

 

Service Providers, Agents and Contractors

We may use third parties, like service providers, agents or contractors to provide support for the internal operations of our websites and applications and to assist us with administering our websites and applications or the various functions, programs and promotions available to you. Some of these third parties may be located outside the country where you accessed this website. These third parties and its employees may come into contact with your personal information in the course of providing their services to us. Any such third party must at all times provide the same levels of security for your personal information as Osem USA and, where required, are bound by a legal agreement to keep your personal information private, secure and to process it only on the specific instructions of Osem USA.

 

Partners and Joint Promotions

From time to time, we may run a joint or co-sponsored program or promotion on our website or application with another company, organization, or other reputable third party; and, as part of this event, collect and process personal information. If your personal information is being collected by (or is shared with) a company other than Osem USA as part of such promotion, we will let you know this at the time your personal information is collected. Periodically, we may run a promotion on our website or application that features the products or services of another company and will give you the opportunity to opt in to receive information directly from that third party company. When doing any promotion involving another company, we may provide a separate link to that company’s privacy policy and we encourage you to read it before you share any personal information, as we cannot guarantee they adhere to the same privacy practices. If you do not want your information to be collected by or shared with a company other than ours, you can always choose not to opt in or participate in these events at the time the personal information is collected/requested.

 

Your California Privacy Rights

If you are a California resident, you may have the right to request and receive certain information about our disclosure of your personal information to third parties for their own marketing use, and your choices with respect to such disclosures. Because we do not share your personal information with third parties for their own marketing use unless you are first given the opportunity to opt-in or out (as set forth above), we are exempt from having to meet this requirement. If you still wish to learn more about our compliance with this requirement, you may contact Consumer Services.

 

Legal and Business Transfers

We may also disclose your personal information if we are required to do so by law, or if in our good faith judgment, such action is reasonably necessary to comply with legal processes, to respond to any claims, or to protect the safety or rights of Osem USA, its customers, or the public.

 

In the event of a merger or acquisition of all or part of Osem USA by another company, or in the event that Osem USA were to sell or dispose of all or a part of the Osem USA business, the acquirer would have access to the information maintained by that Osem USA business, which could include personal information. Similarly, personal information may be transferred as part of a corporate reorganization, insolvency proceeding, or other similar event, if permitted by and done in accordance with applicable law.

 

Aggregate Information

We may share aggregated demographic or survey information with third parties, but this information is in anonymous form and does not contain any personal information. The aggregate information that we share may include anonymous information that is captured through the use of cookies and other similar tracking technology, as explained in the Section 8 below.

 

7. How can you access, modify, or make other choices regarding the use of your information?

 

The following outlines the choices you have with respect to the collection and use of your personal information by us.

You always have the option not to share any of your personal information with us. However, if you choose this option, you will be limited in the activities and features we can provide you, as mentioned in Section 5 above.
If you do not want to receive newsletters, announcements, or other communications and/or services from a Osem USA website or brand, please do not opt-in for those communications or services at the time of registration. If you have opted-in and, at a later time, wish to opt-out, please visit the appropriate “your account” or “your profile” section(s) on our website or application and amend your preferences.
Along with every e-mail marketing communication sent to you, we provide you the opportunity to discontinue receiving future marketing communications (i.e., unsubscribe). Simply follow the unsubscribe process or directions provided in the email. Please read our Marketing communications section for limitations on certain administrative communications, order confirmations, and account notifications.
You can always review, update or delete any personal information that we may have collected about you for our general website and application registration. To do this, please visit the appropriate “your account” or “your profile” section(s) on our website or application (if available).
If any of the mechanisms set forth above is not available or you wish to make a different request, please Contact Us. We will respond to all access requests within 30 days.

In addition,if you participated in a promotion or program that involved a third party and, as part of that promotion, you agreed to receive future communications directly from that third party, you will need to contact the third party directly to opt-out from such communications. This process may be outlined in the third party’s privacy policy.

 

8. Tracking Technology – How and why do we use them?

Osem USA does make use of tracking technologies (“Cookies”, “IP Addresses”, Log Files”, “Web Beacons”) to gather certain information such as browser type and operating system, referring page, path through site, domain of ISP etc. for the purpose of improving the use and functionality of our websites and other purposes described below. Tracking technologies help us tailor our websites to your personal needs.

 

Cookies

We use Cookies to improve the use and functionality of our websites and to better understand how visitors use our websites and the tools and services offered on it and to communicate elsewhere on the web. The storage of Cookies on your computer provides an easy and convenient way for us to personalize or enhance your experience on our websites and to make your next visit more enjoyable.

 

IP Addresses

We may keep track of Internet Protocol (IP) addresses to (among other things): (i) troubleshoot technical concerns, (ii) maintain website safety and security, (iii) restrict access to our websites to certain users, and, (iv) better understand how our websites are utilized. An IP address is a number that is used by computers on the network to identify your computer every time you log on to the Internet.

 

Log Files

We (or a third party on our behalf) may collect information in the form of logs files that record website activity and gather statistics about web users’ browsing habits. These entries are generated anonymously, and help us gather (among other things) (i) a user’s browser type and operating system, (ii) information about a user’s session (such as the URL they came from, the date and time they visited our website, and which pages they’ve viewed on our website and for how long), and, (iii) other similar navigational or click-stream data. We also use information captured in log file for our internal marketing and demographic studies, so we can constantly improve and customize the online services we provide you. Log files are used internally only, and are not associated with any particular user.

 

Web Beacons

We may use web beacons (or clear GIFs) on our websites or include them in the e-mail messages we send you. Web beacons (also known as “web bugs”) are small strings of code that provide a method of delivering a graphic image on a web page or in an email message for the purpose of transferring data back to us. The information collected via web beacons may include some of the information described in the IP Address section directly above, as well as information about how a user responds to an email campaign (e.g., the time the email is opened, where does the user link to from the email, etc.). We use web beacon information for a variety of purposes, including but not limited to, site traffic reporting, unique visitor counts, advertising and email auditing and reporting, and personalization.

 

9. E Marketing – What is spamming and what is our position on spam e-mails?

Spamming is where unsolicited e-mails are sent to you containing advertisements or marketing related materials without your consent.

 

We do NOT send spam e-mails. Sending e-mails without consent is illegal in many countries.

 

We will not use your personal information (including your e-mail address) for direct marketing or follow-up communications unless you give us your EXPRESS permission. This is called “OPT-IN” consent.

 

Also, we do not share your personal information with any third party who will use your personal information for spam emails.

 

Osem USA websites give you the opportunity to receive marketing information by e-mail. Every e-mail sent by Osem USA will give you the opportunity at any time to stop receiving marketing e-mails.

 

If for some reason you believe you have received spam e-mail from a Osem Group company please Comments@GratifyFoods.com immediately.

 

10. How long do we keep your personal information?

We may store the personal information that you have provided us with through the various methods described in this Privacy Notice in our databases such as our Consumer Relationship Marketing database. We will only keep your personal information for as long as it is reasonably necessary taking into consideration our need to answer inquiries or resolve problems, provide improved and new services and comply with legal requirements under applicable law(s). This means that we may retain your personal information for a reasonable period after you stop using Osem USA services or stop using this website or application. After this period, your personal information will be deleted from all systems in the Osem Group.

 

11. Do we collect personal information from children?

We do not knowingly solicit or collect personal information from children below the age of 13 for marketing purposes. If we discover that we’ve accidentally collected information from a child below 13, we will remove that child’s information from our records as soon as feasibly possible. However, we may collect personal information about children below the age of 13 for marketing purposes from the parent or legal guardian directly. For non-marketing (e.g., educational) purposes, we may only collect personal information from a child below the age of 13 with the explicit prior written consent of the child’s parent or legal guardian.

 

12. Do we link to other third party sites?

Our websites and applications may provide links to, or features from, other third party sites (such as independent e-commerce sites and third party social networks). If you link to or use such third party sites or features, you do so at your own risk. We do not control and are not responsible for the content or practices of any third party site, application, or feature.

 

13. Other important information

This section provides additional information that is important for you to know about this Privacy Notice or our practices.

 

This Privacy Notice applies to consumers only

This Privacy Notice applies only to our collection and use of information from consumers, using the methods described under Section 1 of this Notice. It does not apply to our business customers (e.g., retailers, distributors, etc.). It also does not apply to information we might collect and use for employment-related purposes (e.g., resumes, job applications, etc.) or business-to-business related purposes (e.g., media inquiries, investor relations, etc.).

 

14. How can you contact us?

If you have any questions, complaints, or comments regarding this Privacy Notice or our information collection practices, please contact us at: Comments@GratifyFoods.com.