This Privacy Policy (“Policy”) describes how VESPYR BRANDS, INC. (“VESPYR” or “We”) collects, uses, and shares any Personal Information we collect through our website(s) (collectively, the “Website”) and your rights regarding the Personal Information we collect. UNLESS OTHERWISE DEFINED IN THIS PRIVACY POLICY, TERMS USED IN THIS PRIVACY POLICY HAVE THE SAME MEANINGS AS IN THE WEBSITE TERMS OF USE. By visiting our Website, submitting information and/or purchasing any products, you agree to let us collect and use your Personal Information as described in this Policy. Therefore, before you provide us with any Personal Information, you should read through this Policy in its entirety and understand its terms. We may update the Policy from time to time, so please check it occasionally.

1. Overview
This Policy describes:
- Personal Information We Collect
- How We Collect Your Personal Information
- Legal Bases on Which We Rely to Process Your Personal Information
- How We Use Your Personal Information
- How We Disclose Your Personal Information
- Communications and Opt Out
- How We Protect Your Personal Information
- International Transfer of Your Personal Information
- Ability to Access, Update, and Correct Personal Information
- California Privacy Rights
- Changes to This Policy
- Questions About This Policy.

2. Personal Information We Collect
(a) Personal Information Definition and Categories. VESPYR collects information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to (directly or indirectly) an individual person or household (“Personal Information”). VESPYR also collects non-Personal Information that cannot be linked or associated with an individual person or household. When non-Personal Information is combined with other information so that it does identify an individual person, we treat that combination as Personal Information. We may collect, use, store, and transfer different kinds of Personal Information about you, which we have grouped together as follows:
- Identifiers, such as your first name, last name, alias, username or similar unique personal identifier, account name, online identifier, and/or date of birth
- Contact Information, such as your billing address, delivery address, email address, and telephone number(s)
- Financial Information, such as credit or debit card information, gift card information, payment details, or other payment information, but not in combination with a required security or access code, password, or other credentials allowing access to the account
- Commercial Information, such as details about the products you have purchased, payments you have made, details of products you have purchased from us in the past, purchase or product preferences, data/time stamps for questions/comments, social media association status, personal interests, message content from online contact submissions, files uploaded via online contact forms, feedback, reviews, and surveys
- Internet and Other Electronic Network Activity Information, such as internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our Website
- Usage Data about how you use our Website, such as statistics regarding the opening and clicking on emails sent by us, length of stay, clickstream information, and activity on the site (e.g., pages viewed, products seen, abandoned baskets, etc.)
- Marketing and Communications Information, such as marketing campaign data, referring URLs, click-throughs, your preferences and consent in receiving marketing from us and our third parties, email and text communications, and your communication preferences
- Audio and Visual Information, such as photographs
- Inference Data, including inferences drawn from the Personal Information identified above.

(b) Retention. For each of the above-identified categories of Personal Information, we will retain the information as long as is reasonably necessary to fulfill the purpose for which it was collected, to comply with applicable laws and regulations, and/or to support any claim, defense, or declaration in a case or before a jurisdictional and/or administrative authority, arbitration, or mediation panel. When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize such information, or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

(c) Sensitive Personal Information. VESPYR does not collect any Sensitive Personal Information through our Website. “Sensitive Personal Information” means, to the extent not publicly available, (1) Personal Information that reveals: a consumer’s social security, driver’s license, state identification card, or passport number; a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; a consumer’s precise geolocation; a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership; the contents of a consumer’s mail, email, and text messages, unless VESPYR is the intended recipient of the communication; or a consumer’s genetic data; (2) the processing of biometric information for the purpose of uniquely identifying a consumer; (3) Personal Information collected and analyzed concerning a consumer’s health; and (4) Personal Information collected and analyzed concerning a consumer’s sex life or sexual orientation.

(d) If You Do Not Provide Personal Information. Where we need to collect Personal Information by law, or under the terms of a contract we have with you, and you do not provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (e.g., to provide you with products or services). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.

(e) Information You Provide to a Third Party. The Website may include links and plug-ins to websites operated by third parties, such as Facebook, Twitter, TikTok, and Instagram, as well as embedded videos hosted on third-party sites, such as YouTube (“Third-Party Sites”). VESPYR does not control any Third-Party Sites and is not responsible for any information they may collect. The information collection practices of a Third-Party Site are governed by its privacy policy, and we recommend that you read its privacy policy if you choose to submit any Personal Information to or through such Third-Party Site.

(f) Children’s Privacy. The Website is intended for adult use only and is not directed towards children, minors, or anyone under the age of 18. If you are under the age of 13, you are not authorized to provide us with any Personal Information. If the parent or guardian of a child under 13 believes that the child has provided us with any Personal Information, the parent or guardian of that child should contact us at the email address below to have this Personal Information deleted from our files.

3. How We Collect Your Personal Information
(a) Information You Provide To Us. VESPYR may collect Personal Information from you that you voluntarily provide to us in various ways, including, but not limited to, by:
- Creating an account with us
- Placing an order or purchasing products from us
- Calling, emailing, texting, or otherwise communicating with us
- Signing up to receive newsletters
- Responding to surveys, questionnaires, quizzes, or marketing emails or other communications
- Writing a review
- Otherwise interacting with the Website or other VESPYR platforms

(b) Information We Collect When You Use Our Services
(i) Automated technologies or interactions. As is true of most websites, we receive and store certain types of Personal Information whenever you interact with us online. This information may include internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. When you access and use our Website from your mobile device, we receive data from that mobile device. This may include your device ID, location data, IP address, and device type. You may manage how your mobile device and mobile browser share location information with us, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

(ii) Cookies and Tracking Technologies. We and our service providers use cookies; web beacons, tags, and/or pixels; log files; and other tracking technologies to recognize your browser or device and to capture and remember certain information about your activities on our Website. “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For example, some cookies gather information about how long a user spends on a web page so that we can understand what web pages are of interest to users. If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off cookies by adjusting your browser settings. If you turn off your cookies, some of the features of the Website may not function properly. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Website. “Log files” track actions occurring on the Website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. "The website uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS."

(c) Information We Collect From Third Parties. We collect

Personal Information from various third parties, including those listed below. The collection, use, and disclosure of Personal Information received from third parties are governed by the privacy policies listed on the Website where the information was submitted by the user. Third parties may send their own cookies and pixels to you, and may collect information and use it in a way inconsistent with this Policy. Please carefully review these third-party privacy policies to understand how your information may be collected, used, and disclosed by these third parties.

(i) Third Party Service Providers. We collect Personal Information from service providers, including payment processors, website hosting providers, electronic commerce providers, fulfillment centers, shipping providers, email service providers, SMS marketing providers, product review platforms, and social media platforms.

(ii) Social Media Sites. When you create an account with us using your Facebook, Google, or other social media login, or link your account with us to Facebook, Google, or other social media account, we receive Personal Information from those third party social media services, which may include your public profile information and email address(s).

(iii) Third Party Advertising Partners. We collect Personal Information received from third-party advertising partners, including partners who host and manage various online advertisements and ad platforms. This may be combined with the website analytics data described below.

(iv) Google Analytics. We use third-party cookies provided by Google Analytics to assist us in better understanding our Website visitors. These cookies collect IP address and usage data, such as the length of time a user spends on a page, the pages a user visits, and the websites a user visits before and after visiting our Website. Based on this information, Google Analytics compiles data about website traffic and interactions, which we use to offer better user experiences and tools in the future. For information about how Google uses your Personal Information, visit https://www.google.com/intl/en/policies/privacy/. For information about how to opt out from Google Analytics, visit https://tools.google.com/dlpage/gaoptout.

(d) Your ‘Do Not Track’ Browser Setting. Some web browsers incorporate a Do Not Track (“DNT”) feature that signals to the websites that you visit that you do not want to have your online activity tracked. At this time, our Website does not respond to DNT signals.

4. Legal Bases on Which We Rely to Process Your Personal Information
We only process your Personal Information when we believe it is necessary and we have a valid legal reason (i.e., legal basis) to do so under applicable law, such as with your consent, to comply with laws, to provide you with products or services, to enter into or fulfill our contractual obligations, to protect your rights, or to fulfill our legitimate business interests.

5. How We Use Your Personal Information
(a) Purposes For Which We Will Use Your Personal Information. Our primary purposes in collecting Personal Information are to provide you with information you requested or otherwise to communicate with you; to provide you with the products that you have ordered from us; and otherwise to seek to facilitate a safe, smooth, efficient, and customized experience with the Website and VESPYR. We may also use your Personal Information for the following business purposes:
- To collect and process payments and complete transactions
- To verify your identity and account information in connection with your requests and purchases
- To provide you with recommendations for products and services that we believe would be of interest to you
- To provide you with our newsletter, if you have subscribed to it
- To assist you with setting up and managing your customer account with us
- To resolve disputes
- To troubleshoot problems and provide product or customer support.
- To enforce applicable agreements, terms and conditions, and the terms of this Policy
- To customize, measure, and improve our services and content
- To inform you about our products, services, updates, and promotional offers
- To customize the advertising and content you see
- To protect our interests, including establishing, exercising, and defending legal rights and claims
- To comply with legal requirements, to prevent fraud, to cooperate with law enforcement and regulatory authorities, and to stop other prohibited, illegal, or harmful activities
- For purposes disclosed at the time you provide or we request your Personal Information, or as otherwise set forth in this Policy.

6. How We Disclose Your Personal Information
We disclose your Personal Information to third parties only in the ways that are described in this Policy and with our business partners, suppliers, and sub-contractors in order to provide you with our products and services and to perform any contract we enter into with them or you.

(a) Information You Instruct Us to Disclose. You may be presented with an option on our Website to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties.

(b) End User Disclosures. Some Personal Information is disclosed as a matter of course as a result of your use of the Website. For example, if you choose to review a product. Any Personal Information shared via any public forum on our Website will become public information.

(c) Service Providers. We may use third-party service providers to perform certain business services and we may disclose Personal Information to such service providers as needed for them to perform these business services. Service providers are only allowed to use, disclose, or retain the Personal Information to provide these services and are prohibited from selling Personal Information. Business services provided may include, but are not limited to, hosting services, communications services, website development services, payment processing services, fulfillment and shipping services, compliance services, user account registration and authentication services, quality control services, analytics services, survey and review services, call center and other communication services, and marketing services. For example, we use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.

The categories of Personal Information that we have disclosed to a third party for a business purpose in the past twelve months include:
- Identifiers
- Contact Information
- Financial Information
- Profile Data
- Commercial Information
- Characteristics of Protected Classifications under California or Federal Law
- Internet and Other Electronic Network Activity Information
- Usage Data
- Marketing and Communications Information
- Audio and Visual Information
- Inference Data

(d) Affiliates. We may disclose Personal Information to our organizational affiliates, successors, assigns, licensees, or business partners and others, including where disclosure of your Personal Information is needed to protect the employees, independent contractors, officers, directors, members, users, or shareholders of VESPYR.

(e) Business Transactions. We may choose to sell, transfer, or merge all or a portion of our business or assets with one or more third parties. Alternatively, we may seek to acquire all or a portion of the business or assets of one or more third parties. If any of these or a similar organizational transaction happens to our business, then third parties, such as the new owners of our business, may use your Personal Information in the same way as set out in this Policy.

(f) Legal Process. Subject to applicable law, we may disclose information about you (i) if we are required to do so by law, regulation, or legal process, such as a subpoena; (ii) in response to requests by government entities, such as law enforcement authorities; (iii) when we believe disclosure is necessary or appropriate to prevent physical, financial, or other harm, injury, or loss; or (iv) in connection with an investigation of suspected or actual unlawful activity.

(g) Personal Information Sold or Shared; Targeted Advertising. We have shared Personal Information in the past twelve months with our third-party advertising partners to serve ads to you about our products and services as you browse the internet. “Sharing” is defined under California privacy law as “renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Information by the business to a third party for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, including transactions between a business and a third party for cross-context behavioral advertising for the benefit of a business in which no money is exchanged.” This sharing means that these third-party service providers may use their own cookies or tags to track your online activities and purchases in order to deliver targeted advertising based on your interests. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. You can opt of sharing through the Do Not Sell My Personal Information link. Additionally, if your browser supports it, you can turn on the Global Privacy Control (GPC) to opt-out of the “sharing” of your Personal Information. Learn more at the Global Privacy Control website.

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties.

7. Communications and Opt Out
By establishing an account, making a purchase, or registering to receive newsletters, you may consent to receive periodic commercial or promotional email communications from us. You may opt out of receiving such communications at any time by following the unsubscribe instructions in the email. This opt-out will not apply to operational or informational emails related to your account and purchases. You may continue to receive promotional email messages for a short period while we process your request.

8. How We Protect Your Personal Information
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any Personal Information we process, including the use of encryption. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information.  Although we will do our best to protect your Personal Information, transmission of Personal Information to and from the Website is at your own risk. You should only access the Website within a secure environment.

9. INTERNATIONAL TRANSFER OF YOUR PERSONAL INFORMATION

Our servers are located in the United States and Canada. If you are accessing our Website from outside the United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your Personal Information, in the United States, Canada, and other countries.

10. ABILITY TO ACCESS, UPDATE AND CORRECT PERSONAL INFORMATION

VESPYR wants your Personal Information to be complete and accurate.  You represent and warrant that all information you provide in connection with your use of the Website will be complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy.  To confirm the completeness and accuracy of, or make changes to, your Personal Information, please contact us at info@vespyrbrands.com or, if available, by changing your profile settings on our Website.

11. CALIFORNIA PRIVACY RIGHTS

(a) California Consumer Privacy Act. The California Consumer Privacy Act (as amended by the California Privacy Rights Act) (“CCPA”) provides California residents with specific rights regarding their Personal Information.  If and as applicable to you, this section describes your CCPA rights and explains how to exercise those rights.

(i) Upon verification of your identity you may:

(A) No more than twice in any 12-month period, request disclosure of the following information:

• Categories of Personal Information we collect
• Categories of sources from which Personal Information is collected
• Categories of Personal Information sold or disclosed to third parties
• Categories of third parties with whom such Personal Information is sold or disclosed
• Business or commercial purpose for collecting or selling Personal Information
• Specific pieces of Personal Information we collect

(B) Request deletion of your Personal Information, subject to exceptions provided by law

(C) Request to correct inaccurate Personal Information

(D) Opt out from having your Personal Information sold to or shared with third parties, if applicable

(E) Limit use and disclosure of Sensitive Personal Information for any purpose other than the pre-approved business purposes identified in the privacy law, if we process any such information, which we currently do not.

(ii) Please note that we are not required to:

(A) Retain any Personal Information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained, or

(B) Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered Personal Information.

(iii) Requests to know or delete can be submitted by calling our toll-free telephone number at 1-855-874-0970 or completing our on-line form at https://feosol.com/pages/contact or e-mailing your request to info@vespyrbrands.com.  You can opt out of having your Personal Information sold to third parties by clicking on the “Do Not Sell My Personal Information” link.  Additionally, when we detect a GPC signal from a user’s browser within California, we stop sharing the user’s Personal Information.  You can learn more about the GPC and how to enable it in your browser from the Global Privacy Control website.

(iv) Please note that these rights apply only to California consumers, job applicants, employees, and business contacts. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information.  Except where you have provided an agent with a Power of Attorney pursuant to Sections 4000 – 4465 of the California Probate Code, when using an authorized agent you must: (A) provide the agent with signed permission clearly describing their authority to make a request on your behalf; (B) verify your own identity; and (C) directly confirm that you have provided the authorized agent permission to submit the request.  That agent must also be able to verify their identity with us and provide us with authority to act on your behalf.

(v) The verifiable consumer request initiated by you or your authorized agent must:

(A) Include your full legal name, email, and phone number, which we will need to contact you in order to verify that you are the person about whom we collected Personal Information or an authorized representative

(B) Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

(vi) We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  One of our representatives will contact you in order to verify your identity.  You may need to provide additional information in order to verify your request.  Depending on the nature of the request, we may require additional verification actions be taken, including but not limited to providing a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request.  We will only use this information to verify your identity or authority to make the request.

(vii) We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

• Complete the transaction for which we collected the Personal Information, provide a product or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities
• Debug products to identify and repair errors that impair existing intended functionality
• Exercise free speech rights, ensure the right of another consumer to exercise free speech rights, or exercise another right provided for by law
• Comply with applicable law, such as the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 ) and similar laws of other jurisdictions
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us
• Comply with a legal obligation
• Make other internal and lawful uses of information that are compatible with the context in which you provided it.

(viii) We seek to respond to a verifiable consumer request within forty-five (45) days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.

(ix) The CCPA provides the right to be free from discrimination if you choose to exercise your rights under the statute, and we will not discriminate by:

• Denying you products or services
• Charging you different prices or rates for products or services, including through granting discounts or other benefits, or imposing penalties
• Providing you a different level or quality of products or services
• Suggesting that you may receive a different price or rate for products or services or a different level or quality of products or services.

(b) Other California Privacy Rights. California residents have the right to receive information that identifies any third party companies or individuals that VESPYR has shared your Personal Information with in the previous calendar year, as well as a description of the categories of Personal Information disclosed to that third party.  You may obtain this information once a year and free of charge by contacting us at the address below.

12. EU, UK, AND CANADA PRIVACY RIGHTS

(a) General.  In some regions (like the EEA, UK, and Canada), you have certain rights under applicable data protection laws.  These may include the right (i) to request access and obtain a copy of your Personal Information, (ii) to request rectification or erasure; (iii) to restrict the processing of your Personal Information; and (iv) if applicable, to data portability.  In certain circumstances, you may also have the right to object to the processing of your Personal Information.  You can make such a request by contacting us by using the contact details provided below.  We will consider and act upon any request in accordance with applicable data protection laws.

(b) Data Protection Authorities.  If you are located in the EEA or UK and you believe we are unlawfully processing your Personal Information, you also have the right to complain to your local data protection supervisory authority.  You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.  If you are located in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

(c) Withdrawing your consent.  If we are relying on your consent to process your Personal Information, which may be express and/or implied consent depending on the applicable law, you have the right to withdraw your consent at any time.  You can withdraw your consent at any time by contacting us by using the contact details provided in the section below or updating your preferences.  However, please note that this will not affect the lawfulness of the processing before its withdrawal nor, when applicable law allows, will it affect the processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.

(d) Opting out of marketing and promotional communications.  You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided below.  You will then be removed from the marketing lists.  However, we may still communicate with you — for example, to send you product- or service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.

(e) Account Information.  If you would at any time like to review or change the information in your account or terminate your account, you can:

(i) Log in to your account settings and update your user account.

(ii) Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases.  However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with applicable legal requirements.

13. CHANGES TO THIS POLICY

VESPYR may modify or update this Policy from time to time.  We encourage you to revisit this page often to remain fully informed of our Policy, or you can contact us at any time to obtain the latest copy of this Policy.

14. QUESTIONS ABOUT THIS POLICY AND EXERCISING YOUR RIGHTS

For questions or comments regarding our Policy, or to exercise your rights under this Policy or applicable privacy laws (including to appeal any decision by us in connection with the exercise of your rights), you should contact us at https://contac.com/pages/contact.  You can also write to us at:

VESPYR BRANDS, INC.

279 PRINCETON-HIGHTSTOWN ROAD

EAST WINDSOR, NJ 08520 USA

ATTN: AMY FARRIS WOLFE, GENERAL COUNSEL

EMAIL: AFARRIS@AUROBINDOUSA.COM

             INFO@VESPYRBRANDS.COM

Effective: April 24, 2023

Last Reviewed/Updated: April 24, 2023