Privacy Policy

EFFECTIVE DATE: The most recent version of this Privacy Policy, as revised, is effective as of September 22, 2022.

NewAge Products Inc. and its affiliates or group of companies as set out in Schedule A (collectively, “NewAge,” “we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy (“Policy”) explains how we collect, use, disclose and protect Personal Information (as it is defined below) of our customers and users. It applies to all Personal Information collected by us: (i) on www.newageproducts.com (the “Site”), and any other website or mobile application that links to this Policy, as well as, (ii) in the course of providing you with services that you have agreed to obtain from us (the “Services”).

We reserve the right to update or modify this Policy at any time and from time to time without prior notice. If we make any material changes to the way we process your Personal Information, we will notify you before such changes are effective. If you object to any changes you must cease using our Services. We recommend you review this Policy periodically. This Policy became effective on the date indicated at the top of this page. Your continued use of our Services after any changes or revisions to this Policy indicates your agreement to the terms of the revised Policy.

1. Collection of Personal Information

When you use our Services, we may collect or receive Personal Information about you to provide our services and operate our business. The types of Personal Information that we may collect about you are:

1. Information You Provide to Us Directly



You may provide your Personal Information to us when you use our Services, including when you create an account with NewAge (“NewAge Account”), make a transaction through our Services, contact us with inquiries, or otherwise access our Services. This information may include:



• User Profile – We collect Personal Information associated with your NewAge Account. This includes information such as name, email address, mailing address, phone number, and credit history.
• Transaction Details – When you make a transaction through our Services we collect information related to that transaction. This may include information such as items date and time of transaction.
• Payment Information – Payment information is collected such as bank name and payment method.


2. Information Received From You as Part of Your Communications

When you use our Services (for example on our Site), complete electronic forms, communicate with us or contact us by online chat, email or phone, we may automatically collect and store certain information about you and the activity you engaged in, for example: your name and contact information; your transaction details; information that you voluntarily provide to us; the nature of your communication; the purpose of the interaction, and the action we took in response to your inquiry or request.



3. Information Collected Automatically

We also may receive and store certain information about you and your device(s) automatically when you access or use our Site and Services. This information may include:



• Technical Information – We collect technical information associated with your activity on our Site and may include information related to your browser and operating system, IP address (the Internet address of your computer) unique device identifiers, and other information such as your device type. We use such information for diagnostic and statistical purposes and to administer our Services.
• Site Usage Information – We collect information to better understand customer traffic patterns and Site usage. This may include the webpage that you were visiting before accessing our Site or mobile application, the pages or features of our Site or mobile application you browsed to inform us which part of our Site, app and Services you visit and how much time you spend there. This information is used to analyze and improve our Site and to provide our customers with a better user experience
• Site Preferences – We collect information about your preferences to make your use of the Site more productive through the use of cookies.


4. Location Information

When you use the Services, we may collect general location information (such as IP address). This information may be used to provide recommendations to you, and to enhance your user experience and improve the services.

2. Use of Cookies and Other Tracking Technologies

We use cookies, web beacons, pixels, and similar technologies to collect information and personalize your experience with our Services.

1. Cookies

Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information.

How We Use Cookies - We use first-party and third-party cookies for the following purposes:



• to make our Services function properly;
• to improve our Services;
• to recognize you when you return to the Site (or one of our other Services) and to remember information you have already provided, such as items already in your order cart;
• to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests; and
• to provide a secure browsing experience during your use of our Services.



How to Manage Cookies - You may disable the use of cookies by modifying your browser settings. If you choose to disable cookies you may not be able to fully experience the interactive features of our Services. For more information on cookies and how to disable cookies visit www.ftc.gov/ftc/cookies.shtm or https://www.usa.gov/optout_instructions.



2. Web Beacons

Web beacons, also known as web bugs, pixel tags or clear GIFs, are tiny graphics with a unique identifier that may be included on our Site to deliver or communicate with cookies, in order to track and measure the performance of our Site and Services, monitor how many web visitors we have, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, web beacons are typically embedded invisibly on webpages (or in an email).



3. Online Analytics and Advertising Technologies

We and our third-party vendors may use automated technologies (including cookie identifiers on our Site), along with other collected information, to tailor ads or deliver content when you are on our Services or on other devices, apps or websites.

4. Interest-Based Advertising

We (or our service providers) may use the information we collect, for instance, IP addresses and unique mobile device identifiers, to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers), or work with providers that do this, in order to better tailor content and features and provide you with a seamless experience across devices. If you wish to opt out of cross device tracking for purposes of interest-based advertising, you may do so through your device settings. We may also use cross-device targeting to help identify our users and serve advertising. This type of advertising is often called “interest-based” or “personalized” advertising—and when it occurs on mobile apps, “cross-app” advertising.

You can learn more about interest-based advertising and how to opt-out of receiving tailored advertising by visiting (i) the Network Advertising Initiative’s Consumer Opt-Out link or (ii) the Digital Advertising Alliance’s Consumer Opt-Out link. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. Please note that even if you opt-out, you may still receive advertisements from us. However, in that case, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs.

5. Mobile Applications

Depending on your permissions, we may receive your Personal Information from your Internet service and mobile device providers. Users of mobile device who do not want to receive interest-based advertising may opt-out in several ways. Learn more about your choices for mobile devices by visiting http://www.aboutads.info/appchoices. Each operating system, (iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You should view your device or system “Settings” to determine how you can opt out of use of your device ID for “cross-app” personalized advertising.

3. Use of Your Personal Information

We may use the information we collect or receive about you for various purposes.

1. To Provide You With Our Services

We use your information to provide you the Services. For example, we use your personal information to:



• identify you;
• ensure our records are accurate;
• execute transactions on your behalf;
• maintain, store record and determine your account holdings and transaction records;
• verify previously given information (where necessary);
• establish and administer your account;
• provide you and your representatives with account statements and information;
• provide you with financial statements, proxy mailings, transaction confirmations and other information that may be requested or needed to service your account; or
• provide you with quality customer service and support.



If the applicable information is to be provided or Service is to be performed by a third party, then we will disclose the applicable Personal Information to the third party providing the information or performing applicable Services. Your information may be available or provided to third-party service providers and that are contractually obligated to protect your information as disclosed in this Policy.

2. To Maintain, Improve, and Personalize the Services

We use your information for our everyday business operations such as auditing, administration of the Services, forum management, fulfillment, and analytics. Your information may also be used to improve the content and/or functionality of the Services. For example, it may be used to help us improve our offerings. We also use your information to personalize your experience. For example, we may personalize the content and features you see when visiting our Services. In addition, we may personalize advertisements, marketing communications, and recommendations to make them more tailored to your interests.

3. To Communicate with You

We use your information to communicate with you. We may contact you with promotional offerings or other communications that may be of interest to you. If we send you marketing emails about services that may interest you, each email will contain instructions permitting you to “unsubscribe” of receiving future marketing or other communications within 10 days.

In the event you contact us, we use certain information to respond to your questions and assist you with any issues that may arise in your use of the Services.

4. For Account and Network Security Purposes

We care about keeping you secure and safe while using our Services. Keeping you safe requires us to process your Personal Information, such as your device information, activity information and other relevant information. We use such information to combat spam, malware, malicious activities or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information.

5. To Maintain Legal and Regulatory Compliance

Our Services are subject to certain laws and regulations which may require us to process your Personal Information. For example, we process your Personal Information to fulfill our business obligations and ensure compliance with applicable laws (including tax laws and anti-money laundering laws).

6. To Protect You, Others, and Our Business

We use your information to protect you, others, and our business, including, without limitation, using information for fraud prevention, for enforcement of our terms and conditions, to comply with the law, and to protect against security risks.

7. For Our Business Purposes

We may use your information for any other purpose disclosed to you at the time we collect or receive the information, or otherwise with your consent.

4. Sharing of Personal Information with Third Parties

Your Personal Information is not shared with third parties without your permission, except as described below.

1. Members of the NewAge Group of companies

We may share personal information with members of the NewAge group of companies who provide operational, administrative and support services on our behalf, to meet legal and regulatory obligations, for fraud prevention purposes, and to perform analytics.

2. Business Partners

We may share information with our partners for marketing or other servicing purposes. For example, if you sign-up to receive communications from our trusted business partners, we share your personal information with our trusted partners so that they may contact you.

3. Service Providers

We may share your information with our third-party service providers for certain business purposes. This information is provided in order for them to provide us services such as payment processing, advertising services, marketing partners, web analytics, data processing, IT services, customer support and other services. These third-party service providers have access to your Personal Information only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your Personal Information for any other purpose.

4. When Required by Law

We recognize that information related to your orders could contain private information. However, we may be required to disclose your information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of users of our Services, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity.

5. Corporate Transactions

In the event of sale, transfer, merger, reorganization, dissolution, or similar event we may transfer your information to one or more third parties as part of that transaction.

6. With Your Consent

We also may share or disclose your information with your consent or at your direction.

If we share your information with third-party service providers, we ensure that the contracts between NewAge and the third-party service providers has appropriate controls and protections in place at the service provider level to protect your Personal Information. Our service providers may, from time to time, sub-contract certain administrative services to other service providers that may not reside in Canada and require access to certain Personal Information to perform contracted services. In this case, NewAge's service providers are responsible for ensuring appropriate security measures and controls are in place to protect your Personal Information from unauthorized use, loss, theft, alteration and destruction. Personal Information available to service providers in foreign jurisdictions may be disclosed to local authorities as may be prescribed by law.

5. Security

NewAge has implemented administrative, technical, and physical security controls that are designed to safeguard Personal Information. However, no online activity is ever fully secure or error-free. While we strive to protect your information, we cannot guarantee that your Personal Information is absolutely secure. Please keep this in mind when disclosing any information to NewAge.

Please recognize that protecting your Personal Information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, or when you communicate with us and with other through the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us as indicated in the Contact Us section below.

6. Data Retention

We will retain your Personal Information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

7. Third-Party Sites

Some of the functionality may be provided by third parties and the Services may link to other third-party websites that are not controlled by NewAge. These third parties are not under our control and NewAge is not responsible for their privacy policies or practices. If you provide any Personal Information to any third party or through any such third-party website, we recommend that you familiarize yourself with the privacy policies and practices of that third party.

8. Access or Update Your Information

You have the right to access, update and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law.

You may exercise your rights to access, update or correct inaccuracies to by logging on to your NewAge Account or contacting us at privacy@newageproducts.com. We may ask you to verify your identity if you are contacting us through online chat, email, or phone. You may also designate an authorized agent to make a request to know or a request to delete. In order to be able to act, authorized agents have to submit proof that they are authorized to act on your behalf, or have a power of attorney. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf.

For Personal Information that we have collected that is not accessible through the NewAge Account, you can request, in writing, that we correct an error or omission to your Personal Information or delete your Personal Information. We will respond to written requests within 30 days, or alternatively, the timeframe prescribed by the relevant legislation.

9. Contact Us

If you have any questions or concerns relating to this Policy or our privacy practices, please contact our privacy officers at:

Harry Brar, Director of IT
NewAge Products Inc.
hbrar@newageproducts.com

and

Lloyd Kim. Director, Digital
NewAge Products Inc.
lkim@newageproducts.com