TheNotCompany, Inc. Privacy Policy

Last Updated: Jan 5th, 2021

This privacy policy (the “Privacy Policy”) regulates how [THENOTCOMPANY, INC., a Delaware corporation] (“NotCo” or “we”) shall treat the personal information and data of users who visit, access, or use the [websites (“you”) controlled by NotCo where this Privacy Policy is posted] (collectively, the “Sites”) [or other interactive features] or downloads owned or controlled by NotCo and available through the Sites, or which interact with the Sites.

NotCo is the controller of the information and personal data of users collected through the Sites, [either by itself or by its local subsidiaries listed at the end of this Privacy Policy], depending on the country or region at the top of the respective Sites. This Privacy Policy is designed to provide information about our online privacy and data collection practices, such as the type of information we collect regarding visitors to the Sites.

This Privacy Policy applies to information we collect (i) on the Sites; (ii) in email, text, and other electronic messages between you and the Sites; (iii) through mobile and desktop applications you download from the Sites, which provide dedicated non-browser-based interaction between you and the Sites; and (iv) when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Privacy Policy.

This Privacy Policy does not apply to any information collected (i) on any other website (unless we specifically state otherwise on such other website); (ii) on websites operated or managed by Related Parties; (iii) by us offline or through any other means, including on any other website operated by NotCo or any Related Parties or Service Providers; or (iv) by any third party (including Related Parties or Service Providers), including through any application or content (including advertising) that may link to or be accessible from or on the Sites.

Please review this Privacy Policy carefully. If you have questions or concerns regarding this Privacy Policy, please contact [the privacy coordinator for your respective jurisdiction listed at the end of this Privacy Policy, or] send a letter to NotCo [or to the address applicable to the country or region listed at the end of this Privacy Policy]. In addition, please review the Terms of Use (available at, which govern your use of the Sites.

By accessing or using the Sites, you agree to this Privacy Policy. This Privacy Policy may change from time to time (see “Changes to Our Privacy Policy” below). Your continued use of the Sites after we make changes shall constitute your acceptance of those changes, so please check the Privacy Policy periodically for updates. If you do not agree with this Privacy Policy, you must not access or use the Sites.

Definitions. For the purpose of this Privacy Policy, the following terms shall have the meaning set forth in this section.

“Personal Information”: Any information relating to an identified or identifiable natural person or entity (depending on the jurisdiction from which you access the Sites), such as personal name, mailing address, e-mail address and telephone number, birth date, gender, identity number, company name, company mailing address, company e-mail address and telephone number, and job position. For the avoidance of doubt, all information you provide to us under “Active Collection of Personal Information” below is considered Personal Information.

“Database”: Any organized set of Personal Information which is subject to Information Processing (as defined below), by electronic means or otherwise, whatever the mode of collection, storage, organization or access.

“Information Processing”: Any operation and systematic process, electronic or otherwise, enabling the collection, recording, organization, storage, alteration, linkage, assessment, blocking, erasure, dissociation and in general Personal Information Processing, as well as its assignment to third parties through transmission, searches, interconnections or transfers.

“Data Controller” or “Controller of a file, registry, database or databank”: The natural person or entity, public or private, who is the owner of a file, registry, Database or databank, or who has the authority to decide how and why Personal Information will be processed.

“Information Dissociation”: Any processing of Personal Information so that the information obtained cannot be associated with any identified or identifiable person.

“Related Party”: means any affiliates, entities which control NotCo and/or subsidiaries of NotCo.

“Promotion”: means any sweepstakes, contests, and other promotions offered through the Sites that may require registration.

“Service Providers”: means any third party service providers, that are not a Related Party, that may perform certain services for us, such as website hosting, order fulfillment, delivery of NotCo’s promotional materials and product offers, clearing and processing credit and debit card payments, or performing other services on our behalf.

“Advertisers”: means any third-party advertiser.

“Third Party Websites”: means other websites or locations that are operated and controlled by third parties other than NotCo or its Related Parties.

Use of Personal Information. NotCo may use your Personal Information, whether collected actively or passively: (1) to provide you with information or services, or process transactions that you have requested or agreed to receive; (2) to process your registration with the Sites, including verifying that your e-mail address is active and valid; (3) to improve the Sites or our services, to customize your experience on the Sites, or with your consent to serve you specific content that is relevant to you; (4) to contact you with regard to your use of the Sites and, in our discretion, changes to our policies; (5) for internal business purposes; (6) for purposes disclosed at the time you provide your Personal Information. In addition, as a secondary purpose, with your consent, NotCo may use your Personal Information for direct or indirect marketing of NotCo’s products to you; (7) to present the Sites and their contents to you; (8) to provide you with notices about your account and/or subscription, including expiration and renewal notices; (9) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; (10) to notify you about changes to the Sites or any products or services we offer or provide through it; (11) in any other way we may describe when you provide the information; and (12) for any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please email us at the email address set forth at the end of this Privacy Policy to adjust your preferences.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Active Collection of Personal Information. In order to access or take advantage of some areas of the Sites, we may ask you to provide Personal Information. We may also ask for your Personal Information if you register with the Sites, subscribe to our service, request further services, enter a contest or promotion sponsored by us, or when you report a problem with the Sites. Upon such request, NotCo shall also ask for your express consent to our active collection of Personal Information from you. If you consent to such action, the continuous use of the Sites shall be understood as an affirmation of your consent on further requests for Personal Information.

The information we collect on or through our Sites may also include: (i) records and copies of your correspondence (including email addresses), if you contact us; (ii) your responses to surveys that we might ask you to complete for research purposes; (iii) details of transactions you carry out through the Sites and of the fulfillment of your orders (You may be required to provide financial information before placing an order through the Sites.); and (iv) your search queries on the Sites.

We may obtain demographic or similar information from Service Providers and, with your consent, may combine that information with the Personal Information we collect and track in order to create a profile on an individual so that we may provide you with personalized services and [interactive communication], advise you about new products that may be of interest to you, and for internal market research and product development purposes. We treat all such information as Personal Information subject to this Privacy Policy.

Personal Information may be requested and collected at various locations and on various forms on the Sites.

You may always elect not to submit Personal Information, however, as a result, you may not be able to access certain of the Sites’ features and functionality. You are responsible for maintaining the accuracy of the information you submit to us.

Passive Collection of Information. In addition to the Personal Information that you actively provide to us, we or our Service Providers may use a variety of technologies to automatically collect information when you use the Sites and when you use certain third party sites (see “Network Advertising and Retargeting,” below). This information may include demographic information, browser type, operating system, IP address, mobile device (or other equipment) identifiers, browsing actions and patters,, and other information of this kind. This information may also include clickstream data, which is information about the page-by-page paths you take as you browse through the Sites and certain third-party sites, and other details of your visits to the Sites, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Sites. Some third parties may also collect similar information when you visit the Sites or other online websites and services.

The methods that we and our Service Providers may use to automatically collect such information include the following:

Cookies: Cookies are data files that are placed on a computer when it is used to visit a website. These cookies may be used for many purposes, including, without limitation, tracking user preferences and web pages visited while using the Sites and certain third-party sites for marketing and other purposes. These Service Providers use cookies or web beacons to help us deliver Site content, compile Site metrics and analytics, and help us improve and customize your experiences on the Sites and in our advertising efforts. A list of these companies is available on request. You may disable cookies using your browser’s preferences. However, some features of the Sites may not function properly or may operate slowly if you disable the cookies. Please also be aware that disabling cookies will remove all cookies from your system including those you may find useful such as passwords and usernames you have saved on frequently visited websites.

Web Beacons and Pixels: We may include small graphic images called web beacons, also known as “Internet tags” or “clear gifs,” or pixels in our web pages and e-mail messages. We may use web beacons, pixels or similar technologies for a number of purposes, including, without limitation, to count the number of visitors to the Sites, to monitor how users navigate the Sites, to count how many e-mails that we sent were actually opened or to count how many particular articles or links were actually viewed, and for third party marketing as described below in “Network Advertising and Retargeting.”

Embedded Scripts: An embedded script is programming code that is designed to collect information about your interactions with the Sites. It is temporarily downloaded onto your computer from our web server or a third party we work with, is active only while you are connected to the Sites and is deleted or deactivated thereafter.

Passively collected information about you, may be combined or associated with your Personal Information.

In addition, we may send you product promotions that we think you may be interested in receiving based on the passively collected information. If we associate any such passively collected information with Personal Information about you, we will treat the combined information as Personal Information. In each of these instances, we will apply this Privacy Policy to any information received, unless otherwise specifically disclosed by us.

Network Advertising and Retargeting. NotCo participates in online advertising networks and exchanges that display relevant advertisements to site visitors based on their interests as reflected in their browsing of the Sites and certain third-party sites participating in the same networks and exchanges. These companies use cookies, web beacons, pixels and other similar technologies to passively collect information (including Personal Information) from you which may be used to tailor the advertising you see on the Sites or elsewhere on the web. This means that some information about your browsing of NotCo’s service and certain third party sites may be shared with these companies for the purpose of delivering ads to you on our service and certain third party sites, and NotCo may receive from some of these companies information about third party sites that you have visited. This information (including any Personal Information) is used for marketing purposes and the practice is sometimes termed “retargeting” to indicate that information from one retailer is used to suggest to you relevant products offered by another retailer.

This Privacy Policy does not cover any use of information that such third parties themselves may have collected from you (e.g., type of browser, operating system, domain name, day and time of visit, page(s) visited) or the methods used by the third-parties to collect that information (e.g., cookies, web beacons and clear gifs). We make no representations or warranties regarding the policies or business practices of such third-party advertisers, and we encourage you to familiarize yourself with their privacy policies. You can also learn more about opting out of network advertising retargeting below under “Opting Out of Network Advertising Retargeting. The Sites do not respond to “do not track” signals.

Information from Third Parties. We may, from time to time, obtain supplemental information about you from third party sources or from our marketing partners in connection with co-branded websites or promotions and from network advertising services (see above). If we receive Personal Information from a third-party source and/or we combine the information we receive from these third-party sources with your Personal Information, we will treat that information and the combined information as Personal Information. We are not responsible for the accuracy of the information provided by third parties or how such third parties collect and use such information.

Sweepstakes, Contests and Promotions. We may offer Promotions. By participating in a Promotion, you are agreeing to the terms, conditions or official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.

Disclosure of Information. Except as otherwise provided herein, NotCo does not share, rent, or sell any Personal Information it collects to any third party for marketing or solicitations purposes. We may, however, disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may, in our sole discretion share browsing information with third parties such as advertisers and business partners, always subject to the anonymity of personal data. For example, we may communicate the age segmentation of visitors to our Sites.

We may also disclose Personal Information that we collect or you provide as described in this Privacy Policy (i) to Related Parties; (ii) to Service Providers; (iii) to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of NotCo’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by NotCo about the Sites’ users is among the assets transferred; (iv) to fulfill the purpose for which you provide it; (v) for any other purpose disclosed by us when you provide the information; (vi) with your consent; (vii) to third parties to market their products or services to you if you have not opted out of these disclosures; (viii) to comply with any court order, law, or legal process, including to respond to any government or regulatory request; (ix) to enforce or apply our Terms of Use (available at and other agreements, including for billing and collection purposes; or (x) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of NotCo, our customers, or others.

Your Rights.

Right to Access, Rectify, Erase and Object to Information Processing of Personal Information. You can exercise your rights to (i) access the Personal Information we have about you as well as about the Information Processing done with your Personal Information, (ii) rectify the Personal Information in the event that it is incomplete or inaccurate, (iii) erase the Personal Information that is being used for one of the intended uses stated in this Privacy Policy and (iv) object to the Information Processing of your Personal Information at any time by sending a letter to NotCo’s address mentioned below or writing to the e-mail address below for your respective jurisdiction.

In order to properly attend your request, please attach your name, surname, postal address, telephone, e-mail address and any other contact details that we can use to verify your identity and contact you, a copy of you ID card or a photo-ID and a clear and precise description of the Personal Information which you wish to access, rectify, erase, limit the use or disclosure of, or object to the Information Processing of, as well as any other information useful to locate the Personal Information. All our communications with you will be delivered with the highest confidentiality levels. The claim shall be subject to the applicable data protection regulation regarding time periods and other requirements.

We reserve the right to refuse to accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Revocation of Consent and limitation of use and disclosure. At any time, you may revoke the consent given to NotCo over your Personal Information by contacting the data protection team at the e-mail address stated above. After that, we shall eliminate all Personal Information stored in our databases. However, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. You may also limit the use or disclosure of your Personal Information by reaching the data protection team at the e-mail address [stated above (or the applicable email address at the bottom of this Privacy Policy depending on the jurisdiction from which you are accessing the Sites)], indicating your desire to withdraw or limit your information. An answer will be provided to you according to the mechanism and timeframe required by applicable law.

Opting Out of Mailing Lists. You can always ask us to delete your name and address from our lists of correspondence. In the event that you want to delete your name and address from a mailing list, or if you wish to update your information (e.g., change your address), you can do so at any time by notifying NotCo by letter to the address listed below or by sending an email to the address below for your respective jurisdiction.

Opting Out of Receiving Commercial E-mail Correspondence from NotCo. If you do not wish to receive e-mail notices regarding our products or services, you may opt-out at the time you provide your Personal Information to us. Otherwise, at any other time you may opt-out by any commercial e-mail you receive from NotCo by selecting the “unsubscribe” or similar option included with each e-mail.

Opting Out of Network Advertising Retargeting. If you do not wish to receive retargeted advertising from NotCo based on your activity on third party sites, you may disable cookies as described above in the cookies section and clear your browser history.

Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by emailing us at the email address set forth at the end of this Privacy Policy.

Promotional Offers from NotCo. If you do not wish to have your contact information used by NotCo to promote our own or third parties’ products or services, you can opt-out by emailing us at the email address set forth at the end of this Privacy Policy. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt-out does not apply to information provided to NotCo as a result of a product purchase, warranty registration, product service experience or other transactions.

Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by emailing us at the email address set forth at the end of this Privacy Policy. For this opt-out to function, you must have your browser set to accept all browser cookies.

Children’s Privacy Protection. The Sites not intended for children under 18 years of age. No one under the age of 18 may provide any information to or on the Sites. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Sites or through any of its features, register on the Sites, make any purchases through the Sites, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at the email address set forth at the end of this Privacy Policy.

The access to and use of the Sites by children under the age of 18 shall be the responsibility of their respective parents or legal guardians. Those of legal age who, in accordance with the legislation in force, are parents, legal guardians or representatives, shall be responsible in the event that children under the age of 18 under their guardianship access the Sites.

Third Party Links. There may be hyperlinks on the Sites to Third Party Websites (including but not limited to social media sites and applications). These Third-Party Websites may use their own cookies, web beacons and other technology to independently collect information about you. In addition, these Third-Party Websites may solicit Personal Information from you. The Third-Party Websites have separate privacy and data collection practices. Once you leave this site, NotCo has no control or liability of any kind on privacy standards or on the activities of collecting data on other sites. We make no representations regarding the policies or business practices of such Third-Party Websites and encourage you to familiarize yourself with their privacy policies before providing them with your Personal Information.

Storage and Transfer of Information. The Sites are operated in the jurisdiction shown at the top of the Site which you access (the “Relevant Jurisdiction”). Please be aware that information we collect, including Personal Information, will be processed and stored in the Relevant Jurisdiction and may also be transferred to, processed and stored in other jurisdictions, where the privacy and data protection laws may differ from those of your country. Accordingly, courts and other authorities in the Relevant Jurisdiction and in such other jurisdictions may, in certain circumstances, be entitled to access your Personal Information. By using the Sites or providing us with any information through the Sites, you consent to this transfer, processing and storage of your information in the Relevant Jurisdiction and in such other jurisdictions, including for the treatment of personal data. Regardless of where the processing takes place, NotCo’s Service Providers are required by contract to protect the confidentiality and security of your Personal Information.

Security. NotCo retains your Personal Information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws. NotCo takes commercially reasonable steps to help protect and secure Personal Information. However, no data transmission over the Internet, wireless transmission or electronic storage of information can be guaranteed to be 100% secure. Please note that, although we do our best to protect your personal information, we cannot ensure or warrant the security of any information we collect, and you use our Sites and provide us with your information at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites.

Changes to this Policy. NotCo may from time to time revise its Privacy Policy. The date the Privacy Policy was last revised is identified at the beginning of this Privacy Policy. You will be advised if required by local law of any changes and will be effective immediately when revised policy is posted on the Sites. Please check the Sites regularly for any changes. [We will not, however, use your existing Personal Information in a manner materially different from that set forth in the policy posted on the Sites at the time your Personal Information was collected unless we receive your consent] / [If we make material changes to how we treat your Personal Information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Sites’ home pages. You are responsible for ensuring we have an up-to-date active and deliverable email address for you].

NotCo’s local subsidiaries.

NotCo Argentina The Not Company SAS

NotCo Brazil NotCo Brasil Distribuicao e Comércio de Productos Alimentícios Ltda.

NotCo Canada NotCo Canada Inc.

NotCo Chile The Not Company SpA

NotCo Colombia The Not Company Colombia S.A.S.

NotCo Delaware NotCo Delaware, LLC

NotCo Ltd NotCo Ltd

NotCo Mexico NotCo SRL de CV

NotCo U.S.A. TheNotCompany, Inc

Contacting us. If you have any questions about our Privacy Policy, the practices of the Site, or your dealings with the Site, wish to request access or correction or updated of your Personal Information, wish to withdraw your consent (subject to legal or contractual restrictions and reasonable notice) or have reason to believe that NotCo may have failed to comply with this Privacy Policy, please write to