This Privacy Statement (“Privacy Statement”) is published by Alertrak, LLC (referred to in this Privacy Statement as “Alertrak,” “we” “us” or “our”) to explain our privacy practices for any information received through the mobile application titled “Alertrak” (the “App”), the website (www.Alertrak.com) and any subdomain, subsite, or successor domain (“Site”), and various web services and application programming interfaces (the “APIs”) (the App, Site, and APIs collectively, the “Platform”). Certain portions of this Privacy Statement also apply to other personal information collected or maintained by Alertrak, for example, under the “Rights Under the California Consumer Privacy Act” and “General Data Protection Regulation (GDPR)” sections below.
By using the Platform, you consent to the terms of this Privacy Statement. If you do not agree to the terms and conditions of this Privacy Statement, including having your Personal Information (as defined below) used in any of the ways described in this Privacy Statement, do not provide us with your information. Please note, however, that if you do not provide us with your information, you may not be able to use certain parts or features of the Platform.
Alertrak may update this Privacy Statement from time to time in our sole discretion by posting such revised Privacy Statement on the Platform. Please note the Effective Date of this Privacy Statement at the top of the page. It is your responsibility to review this Privacy Statement regularly for any changes each time that you use the Platform or provide us information.
This Privacy Statement also applies to the processing of personal data of individuals located in the European Union. If you are located in the European Union, if the processing of your data is subject to the laws of a member state of the European Union by virtue of public international law, if your information is otherwise governed by European Union Law, or the processing activities are related to the offering of goods or services to data subjects in the European Union or the monitoring of individuals’ behavior that takes place within the European Union, please review carefully the “General Data Protection Regulation (GDPR)” section below for more information regarding your rights and our activities relating to your personal data. If the GDPR section is applicable to your information, then other sections in this Privacy Statement still may apply to you but are subject to (and considered modified by) the GDPR section.
Description of Our Business
Alertrak provides a Platform that enables consumers to obtain information related to food allergies and food product ingredients and enables third parties to integrate with the Platform to provide information through their platforms to consumers. For the purposes of this Privacy Statement, registration of a Platform account (an “Account”) to register as a user for purposes of accessing additional functionality, information, or services or products from Alertrak including access through the client login page, shall be included in the definition of “Services”).
Collection and Use of Your Personal Information
We require Platform visitors who register an Account to provide us certain Personal Information. Information we collect when you register to use our Services may include your name, email address, and other information that identifies you or that, in combination with other information we hold, may reasonably be used to identify you (“Personal Information”). We also may use the Personal Information you provide when you visit our Platform, create an Account, or email or otherwise contact us, to contact you to further discuss the product offerings and Services we provide to users. You may choose to opt out of providing your Personal Information by not disclosing it to us or entering it when asked.
Alertrak processes the following types of Personal Information for the following lawful purposes and based upon the legal justification set forth in the parenthetical:
1. Your submission of Account Information (CONSENT);
2 .Processing Personal Information in order to fulfill an order or provide Services (CONSENT, CONTRACT);
3. Your submission of Personal Information when contacting us for customer service, to provide feedback, or for other purposes not otherwise described here (CONSENT);
4. Your submission of Personal Data to our third-party vendors for Services (CONSENT, CONTRACT);
5. Collection of Personal Information through the Platform (CONSENT);
6. Payment (CONTRACT); and
7. Other information you voluntarily provide (CONSENT).
Legal Basis for Processing
We process your Personal Information with your consent or subject to the performance of a contract to which you are a party or, alternatively, in order to take steps at your request to enter into an agreement. You have the right to withdraw your consent at any time.
Categories of Personal Information Generally, we collect the following data elements from you when we process your Personal Information for the purposes described in this Privacy Statement. We process:
1. Your first name
2. Email address
3. Platform usage activities
4. Testimonials and other information you voluntarily provide
Disclosures and Transfers of Personal Information
We do not share with or disclose Personal Information to third parties except when one or more of the following conditions is true:
1. We have your permission to make the disclosure;
2. The disclosure is necessary for the purpose for which the Personal Information was obtained;
3. The disclosure is permitted by relevant law;
4. The Personal Information to be disclosed is otherwise publicly available in accordance with applicable law;
5. The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
6. The disclosure is for our own marketing purposes, or, with your authorization, for the marketing purposes of third parties;
7. The party to whom the disclosure is made controls, is controlled by, or is under common control with Alertrak;
8. The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
9. The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our Terms and Conditions, even without a subpoena, warrant or court order; or
10. The disclosure is to outside businesses to perform certain services for us, such as maintaining our Platform or assisting us in the provision of Services, providing marketing assistance, and data analysis, including service providers outside the country or jurisdiction in which you reside.
We and our service providers may use information about your interactions with our Platform to predict your interests and select the ads you see on and off our Platform. This is known as interest-based advertising. In providing interest-based ads, we follow the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance ("DAA").
For more information about interest-based advertising and how you can opt out, visit:
1.Digital Advertising Alliance: http://www.aboutads.info/choices/
Network Advertising Initiative: http://www.networkadvertising.org/choices/
Communications Opt Out
We do not do any email marketing. All product marketing is done inside the platform. You can disable this in Account Settings.
If you have any questions or comments about the information presented here, please forward them to us at firstname.lastname@example.org
1. Any information collected within the context of the Contact Us page is used only for the express purpose of responding to your comment or question and is not made available for other purposes except to communicate with you in the future.
2. It is not required for submission of comments that you provide any personally identifying information, such as your name or your email address. However, that information would be necessary for us to send you a response.
3. We collect personally identifiable information (name and email address) only if it is specifically and knowingly provided by you. When you provide this information, you consent to its use and you agree that we may use this information to communicate with you in the future.
4. Personally identifying information provided by you will only be used in connection with responding to your comment or inquiry and to communicate with you in the future.
5. No personal information collected is sold or otherwise transferred to a third party.
California Residents’ Privacy Rights
This section is applicable to residents of California. If you are a resident of California, you have certain rights described below. The following do not apply to individuals who do not live in California on a permanent basis.
RIGHTS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83
A California resident who has provided personal data to a business with whom he/she has established a business relationship for personal, family, or household purposes (a "California Customer") may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal data, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed. California Customers may request further information about our compliance with this law by mailing us at PO Box 841101, Pembroke Pines, FL 33084-1101 or email us at email@example.com. Please note that we are only required to respond to two requests per California Customer each year under Code Section 1798.83.
RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT This section of our Privacy Statement provides California residents with a comprehensive description of Alertrak’s online and offline practices regarding the collection, use, disclosure, and sale of personal information and the rights of California consumers regarding their personal information under the California Consumer Privacy Act (“CCPA”). This section applies to all California residents (but not including legal entities, such as companies). The section will not apply, however, if Alertrak does not collect any personal information about you or if all of the information we collect is exempt from the statute (for example, the CCPA does not protect information that is already protected by certain other privacy laws, and it does not protect information that is already publicly available). “Personal information,” for purposes of this section regarding the rights of California residents, does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
1. You have a Right to Know About Personal Information Collected, Disclosed, or Sold.
California residents have the right to request that Alertrak disclose what personal information it collects, uses, discloses, and sells. This is called the “Right to Know”. Under the Right to Know, you can request a listing of the types of personal information we have collected about you, the sources of that information, how we use the information (e.g., our business or commercial purposes for collecting or selling personal information), other individuals and business with whom we share personal information, and the specific pieces of personal information that we have collected about you.
If you would like the above information, you may contact us through our webpage or customer service. Contact information is at the bottom of this section. When you make a request under your Right to Know, you can expect the following:
We will verify your identity. You will need to provide us the following information: email address and full name in order for us to verify that you are who you say you are.
We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us at the webpage or phone number listed below.
We will respond to your request within 45 days. If necessary, we may need an additional period of time, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.
In certain cases, a Request to Know may be denied, for example, if we cannot verify your identity or if providing you the information could create an unreasonable risk to someone’s security (for example, we do not want very sensitive information disclosed inappropriately). If we deny your request, we will explain why we denied it. If we deny a request, we will still try to provide you as much of the information as we can, but we will withhold the information subject to denial.
In the last 12 months, we have collected the categories of personal information described above under the section “Categories of Personal Information.” All such information was collected from sources as described above and for the purposes described above. We only disclose such information to third parties as described in the section “Disclosures and Transfers of Personal Information”. Alertrak does not sell personal information.
2. You have a Right to Request Deletion of Personal Information about You.
California consumers have a right to request the deletion of their personal information collected or maintained by Alertrak. If you would like information about you to be deleted, you may contact us through our webpage or customer service. Contact information is at the bottom of this section. When you make a request for deletion, you can expect the following:
a) After you request deletion, you will need to confirm that you want your information deleted.
b) We will verify your identity. You will need to provide us the following information: email address and full name.
c) We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us at the webpage or phone number listed below.
d) We will respond to your request within 45 days. If necessary, we may need an additional period of time, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why. .
e) In certain cases, a request for deletion may be denied, for example, if we cannot verify your identity, the law requires that we maintain the information, or if we need the information for internal purposes such as providing Services or completing an order. If we deny your request, we will explain why we denied it and delete any other information that is not protected from deletion.
3. Right to Opt-Out of the Sale of Personal Information
California consumers have a right to opt-out of the sale of their personal information by businesses. Alertrak does not sell personal information, however, so opt-out is not relevant.
4. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
You have a right not to receive discriminatory treatment by us for exercising any of your privacy rights conferred by the CCPA. We will not discriminate against any California consumer because such person exercised any of the consumer’s rights under CCPA, including, but not limited to:
Denying goods or services.
Charging different prices or rates for goods and services, including through the use of discounts or other benefits or imposing penalties.
Providing a different level or quality of goods or services.
Suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.
We may, however, charge a different price or rate, or provide a different level or quality of goods or services, if that difference is related to the value provided to you by your data.
5. Authorized Agents
If you would like, you may designate an authorized agent to make a request under the CCPA on your behalf. We will deny requests from agents that do not submit proof of authorization from you. To verify that an authorized agent has authority to act for you, we may require a copy of a power of attorney or require that you provide the authorized agent with written permission and verify your own identity with us.
To request additional information, or make any of the requests described above, you may email us at firstname.lastname@example.org or contact us through our website.
General Data Protection Regulations (“GDPR”)
In the event that we collect Personal Data (as defined in the GDPR) that is subject to the GDPR, this section will apply. Terms in this section are to be understood in a manner consistent with GDPR including the definitions of such terms in the GDPR. Such terms may have a different definition or meaning in other portions of this Privacy Statement because GDPR may not apply to those sections.
Identification of Data Controller:
The Data Controller is Alertrak. You may contact the Alertrak Customer Relations Department as set forth in the Contact Us Section above.
Identification of Primary Member State Supervisory/Data Protection Authority
You have the right to lodge a complaint regarding the processing of your Personal Data with us by contacting our Data Protection Officer listed above. You also may lodge a complaint with the Data Protection Authorities in the Member State where you habitually reside, work, or where an infringement occurred.
Processing Purposes and Legal Bases:
Alertrak processes your Personal Data for the lawful purposes, and under the legal bases, set forth above.
Alertrak will not disclose Personal Data to a third party except as stated below:
We may disclose Personal Data to subcontractors and third-party agents. Before disclosing Personal Data to a subcontractor or third-party agent, we will obtain assurances by contractual agreement from the recipient that it will: (i) transfer such data only for limited and specified purposes; (ii) ascertain that the subcontractor or third-party agent is obligated to provide at least the same level of privacy protection as is required by the GDPR; (iii) take reasonable and appropriate steps to ensure that subcontractors and third-party agents effectively process the personal information transferred in a manner consistent with the organization’s obligations under the GDPR; (iv) require subcontractors and third-party agents to notify the organization if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the GDPR; (v) upon notice, including under (iv), take reasonable and appropriate steps to stop and remediate unauthorized processing; and (vi) provide a summary or a representative copy of the relevant privacy provisions of its contract with subcontractors and third-party agents to the Supervisory Authorities upon request. Alertrak also may be required to disclose, and may disclose, Personal Data in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements, or in the event of a merger or acquisition.
Retention of Personal Data:
Personal Data obtained by Alertrak is adequate, relevant, and not excessive in relation to the purposes described in this Privacy Statement. The Personal Data is processed for purposes specified herein and will only be processed consistent with the purposes described herein. We will request only the minimum amount of information required to perform the applicable Services and will retain such information only for as long as necessary to provide the Services or for compatible purposes, such as to provide additional Services, to comply with legal requirements, or to preserve or defend our legal rights.
Right of Access to your Personal Data
Data Subjects have the right to access the Personal Data an organization holds about them. If such Personal Data is inaccurate or processed in violation of the GDPR, a Data Subject also may request that Personal Data be corrected, amended, or deleted. When we receive Personal Data, we do so on behalf of the individual submitting such Personal Data. To request access to, or correction, amendment or deletion of, Personal Data, Data Subjects should contact our Data Protection Officer. We will cooperate with all reasonable requests to assist Data Subjects to exercise their rights under the GDPR.
Data Subjects have the right to opt out of (a) disclosures of their Personal Data to third parties not identified at the time of collection or subsequently authorized, and (b) uses of Personal Data for purposes materially different from those disclosed at the time of collection or subsequently authorized. Data Subjects who wish to limit the use or disclosure of their Personal Data should submit that request to our Data Protection Officer. We will cooperate with Data Subjects’ instructions regarding Data Subjects’ choices.
See “Confidentiality and Security” below for more information about our security practices.
Transfers to the United States from the European Union::
In using the Platform, your Personal Data will be transferred to the United States, which is not recognized as a country having adequate safeguards for the protection of Personal Data. Alertrak relies on Article 49 of the GDPR for transfers of data collected from Data Subjects in the EU and EEA. Transfers are made to Alertrak only if the Data Subject has explicitly consented to the proposed transfer after having been informed of the possible risks of such transfers. Additionally, we transfer data as necessary for the performance of a contract between you as the Data Subject and Alertrak as the Controller, to data processors who have an agreement with us that includes protecting your privacy and the security of your data, and in cases where your Personal Data is necessary for the implementation of precontractual measures taken in accordance with your requests.
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity while you are using our Platform and may track which website you visit immediately before or after accessing the Platform.
Correcting & Updating Your Information
To update your email, change it under Profile inside Account.
Confidentiality and Security
We maintain reasonable safeguards to protect the Personal Information we collect. While we implement these measures, please note that 100% security is not possible, and we cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that those measures will always be sufficient or effective.
Alertrak may assign you a user ID and a password as part of your participation and access to the Platform and your Account. Only you may use your user ID and password. You may not share your user ID and password with anyone else, and you are solely responsible for maintaining and protecting the confidentiality of your user ID and password. You are fully responsible for all activities that occur under your user ID. You play a role in protecting your information as well.
Social Media Platforms and Websites
Any information, communications, or material of any type or nature that you submit to any public areas of the Platform, if any (e.g., any pages that display comments) or third-party websites (including, but not limited to any Alertrak-related or -controlled pages contained on a social media platform, application or website such as Facebook or Twitter) by email, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”), is done at your own risk and without any expectation of privacy. Alertrak cannot control the actions of other users of any social media platform or website and we are therefore not responsible for any content or Submissions contained on such sites and platforms or public areas of our Platform
Visiting our Platform from Outside of the United States
Your information may be transferred to, and maintained on, computers located outside of your state, province/territory, or country where the privacy laws may not be as protective as those where you live. If you are located outside the United States and choose to provide information to us, please be aware that we transfer your Personal Information to the United States and process and store it there. As a result, this information may be subject to access requests from governments, courts, law enforcement officials, and national security authorities in the United States according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the Personal Information. By submitting your Personal Information, you consent to having your personal data transferred to, processed, and stored in the United States.
If we or any of our affiliates is involved in a merger, acquisition, asset sale, joint venture, or other, similar transaction, we will continue to ensure the confidentiality of any Personal Information. We may transfer or allow access to Personal Information as part of the transaction and in review or preparation for it as described below.
In the event that:
We engage in one more asset sales or purchases;
We are acquired;
We engage in one or more business combinations, mergers or acquisitions;
Substantially all of our assets are acquired; or
We are subject to an event of bankruptcy,
you acknowledge and agree that personal and other information comprises an asset of ours and that Personal Information and other information is subject to assignment, transfer and/or acquisition by a third party. Accordingly, and notwithstanding anything to the contrary in this Privacy Statement, you acknowledge and agree that such transfers may occur and that a person or entity that acquires us may continue to subsequently use your Personal Information, and that such subsequent use may not be consistent with this Privacy Statement.
We do not knowingly collect or solicit personal information from children under the age of 18. By using the Platform, you represent that you are at least 18 years old. If you are under 18, please do not attempt to register for an Account or send any Personal Information about yourself to us. If we become aware that we have inadvertently received or collected Personal Information from a user of the Platform who is under the age of 18, we will attempt to immediately delete that information from our files and records. Furthermore, we encourage users of the Platform that are minors that are 18 years of age or older to ask their parents or guardians for permission before sending any information about themselves over the internet.
If you believe a child who is under the age of 18 has provided us with Personal Information, please contact us at the address listed above.
1. What is a cookie?
Cookies are small text files that are stored on your computer or mobile device. They are widely used in order to make websites work, or work in a better, more efficient way. For example, they can recognize you and remember important information that will make your use of a website more convenient (e.g., by remembering your user preferences).
2. What cookies does Alertrak use?
Strictly necessary cookies.
These cookies are essential to the Platform in order to facilitate our login process (if applicable) or enable you to move around it and to use its features. Without these cookies, we may not be able to provide certain services or features, and the Platform may not function properly or perform as smoothly for you as we would like.
In some circumstances, we may use functionality cookies. Functionality cookies allow us to remember the choices you make while browsing the Platform and to provide enhanced and more personalized content and features, such as customizing a certain webpage, remembering if we have asked you to participate in a promotion, and for other services you request, such as watching a video or commenting on a blog. In order to permit your connection to the Platform, our servers receive and record information about your computer, device, and browser, potentially including your IP address, browser type, and other software or hardware information. If you access the Platform from a mobile or other device, we may collect a unique device identifier assigned to that device (“UDID”), geolocation data, or other transactional information for that device. All of these features help us to improve your visit to the Platform.
We and our service providers may use analytics cookies, which are sometimes called performance cookies, to collect information about your use of the Platform and enable us to improve the way it works. Analytics cookies collect information about how you use the Platform, for instance, which pages you go to most. The information allows us to see the overall patterns of usage on the Platform, help us record any difficulties you have with the Platform, and show us whether our advertising is effective or not.
Social networking cookies.
These Social plug-in tracking cookies can be used to track both members and non-members of social networks for “additional” purposes such as behavioral advertising, analytics, and market research.
In some circumstances, we may work with third parties to provide services on our Platform. For example, we use analytics services supported by third-party companies who generate analytics cookies on our behalf. We may not have access to these cookies, although we may use statistical information arising from the cookies provided by these third parties to customize content and for the other purposes described above. These companies also may transfer this information to other parties where required to do so by law or where such other parties process the information on their behalf.
Third-party advertisers and other organizations also may use their own cookies to collect information about your activities on our Platform and/or the advertisements you have clicked on. This information, which may be combined with other information acquired from third parties, may be used by them to serve advertisements on our Platform and third-party sites that they believe are most likely to be of interest to you based on content you have viewed.
Third-party advertisers also may use this information to measure the effectiveness of their advertisements and to track aggregate usage statistics.
We may not control these third-party cookies, and their use may be governed by the privacy policies of the third parties employing these cookies. To learn about these cookies and to disable or reject third-party cookies, please refer to the relevant third party’s website
For more information about third-party advertising on the Platform, see the section on Delivering Advertising in the Privacy Statement.
You can also learn more about controlling cookies in Section 4 below.
4. How can you control cookies?
Please note that by disabling or blocking any or all cookies, some features of the Platform may not operate as intended, or you may not have access to features or personalization available through the Platform.
Analytics cookies can also be managed via the following links:
Google Analytics: http://tools.google.com/dlpage/gaoptout.
How do Alertrak respond to DNT (“Do Not Track”) browser signals?