Privacy Policy

Last Updated: May 23, 2023
Previous version of the privacy policy is available here.

This Privacy Policy (“Privacy Policy”) describes how Simply Delicious, Inc. dba Bobo’s Oat Bars and its subsidiaries and affiliates (“Bobo’s,” “us,” “we,” or “our”) may collect, use, and share your personal information in connection with our website located at www.eatbobos.com and any other websites we own and operate that link to this Privacy Policy (collectively, the “Site”) and our related services, events, social media pages, emails, and other electronic communications (collectively, and together with the Site, the “Service”), and the choices you have with respect to your personal information.

Bobo’s reserves the right, at any time, to modify this Privacy Policy. If we modify how we collect, use, or share personal information, we will post the updated Privacy Policy on this page. In some cases, we may notify you about an update by sending you an email, posting a notice about the update on the Service, or other means as may be required by applicable law. In all cases, your continued use of the Service following posting or other notification of changes constitutes your acknowledgement of such changes. Please review this Privacy Policy periodically to keep up to date on our most current policies and practices.

This Privacy Policy covers the following topics:

PERSONAL INFORMATION WE COLLECT

HOW WE USE PERSONAL INFORMATION

HOW WE SHARE PERSONAL INFORMATION

YOUR CHOICES

INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

CHILDREN’S PRIVACY

SECURITY OF PERSONAL INFORMATION

THIRD PARTY WEBSITES AND SERVICES

NOTICE TO CALIFORNIA RESIDENTS

NOTICE TO NEVADA RESIDENTS

CONTACTING US

 

PERSONAL INFORMATION WE COLLECT

Personal Information You Provide. We collect personal information when you provide it to us, which may include the following:

  • Contact Information, such as first and last name, email address, phone number, shipping address, or social media handle.
  • Account Information, such as your account name and log-in details, order history, subscription information, participation in our Love Mitts box-top or similar programs, and other details about your use of the Service or information stored in your account.
  • Transaction Information, such as credit or debit card number, billing address, and payment details. Please note, all payment processing services are provided to you by third-party payment processors. Bobo’s does not access or keep full credit or debit card numbers or other sensitive financial data.
  • Preferences, such as any preferences you set in your account and any marketing or communications preferences.
  • Survey Responses, such as the information you provide in response to our surveys, questionnaires, or contests.
  • User Content, such as reviews that you submit via the Service, information that you provide via social media, and other content that you share with us.
  • Communications, such as the information associated with your requests or inquiries (including for support, assistance, or order information), social media interactions, chats, and any feedback you provide when you communicate with us. If you contact our customer care team, this may also include customer service call recordings.

Unless we specifically request it, we ask that you not provide us with any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Service, or otherwise to us.

Personal Information From Third Parties. We may obtain personal information about you from third parties, such as social media platforms and other public sources, third parties that help us advertise our services and find new customers, joint marketing partners, event co-sponsors, online retail partners, and other third parties. For example, when you make a purchase through one of our retail partners, they may provide us with information about your purchase and other order or shipping details.

Personal Information Collected Automatically. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your activity over time on our Service and on other sites and online services, such as:

  • Device Information, such as your computer or mobile device operating system type and version number, wireless carrier, manufacturer and model, browser type, screen resolution, IP address, unique identifiers, and general location information such as city, state, or geographic area.
  • Online Activity Information, such as the website you visited before browsing to the Service, pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.

Like many online services, we use cookies and similar technologies to facilitate some of our automatic data collection, such as:

  • Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.
  • Flash cookies, or locally-stored objects, which are used on websites for purposes similar to cookies but allow storage of a larger amount of data.
  • Web beacons, also known as pixel tags or clear GIFs, which are typically used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked, typically to compile statistics about usage of websites and the success of marketing campaigns.
  • Local storage, which is used to save data on a visitor’s device. We may use data from local storage to, for example, turn on web navigation, store multimedia preferences, customize what we show you based on your past interactions with our Service, and remember your preferences.
  • Session replay technologies, which are third-party software used to record a video replay of user interactions with the Site. The video replay may include users’ clicks, mouse movements, scrolls, typing, and other activity taken during the session. We may use these replays for research and development purposes, such as to help us troubleshoot problems with the Service, understand how users interact with and use the Site, and identify areas for improvement.

Referrals. Users of the Service may have the opportunity to refer friends or other contacts to us and share their contact information with us. Please do not refer someone to us or share their contact information with us unless you have their permission to do so.

HOW WE USE PERSONAL INFORMATION

Bobo’s uses personal information for the purposes set forth below and as otherwise described in this Privacy Policy or at the time of collection.

To Provide the Service. We use personal information to provide our Service, including our related products and services, and to operate our business. For example, we use personal information to:

  • process your transactions, monitor and deliver your orders and subscriptions, coordinate with shipping partners, and otherwise manage your purchases;
  • establish, manage, monitor, and maintain your account and any related subscriptions;
  • improve and personalize your experience on or with the Service;
  • verify your identity or determine your eligibility for offers and promotions;
  • communicate with you, including providing notices about your account or transaction (e.g., order confirmations, shipping updates, subscription reminders, technical notices, and security alerts) and responding to any of your requests, feedback, or questions;
  • provide any contests, surveys, sweepstakes, or other promotions you participate in;
  • provide customer support; and
  • fulfill any other purpose for which you provide personal information.

Research and Development. We use personal information to understand and analyze the usage trends and preferences of our users to make our Service and other offerings better, diagnose technical issues, and develop new products, services, features, and functionality. As part of these activities, we may create aggregated, de-identified or other anonymous data from the personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.

Direct Marketing. We may send you Bobo’s-related or other direct marketing communications as permitted by law, including materials, updates, information, special offers, and promotional material from us and our business partners. You may opt-out of our marketing communications as described in the “YOUR CHOICES” section below.

Interest-Based Advertising. We work with third-party advertising companies and social media companies to help us advertise our business and to display ads for our Service and the products and services we offer. These companies may use cookies and similar technologies to collect information about you (including the online activity information and device information described above in the section called “Personal Information We Collect”) over time across our Service and other websites and services or your interaction with our emails, and use that information to serve ads that they think will interest you. In addition, some of these companies may use hashed customer lists that we share with them to deliver ads to you and to similar users on their platforms. You can learn more about your choices for limiting interest-based advertising in the “YOUR CHOICES” section below.

To Comply with Laws and Regulations. We will use personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

For Compliance, Fraud Prevention, and Safety. We may use personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) maintain the safety, security, and integrity of the Service, business, databases, and other technology assets; (b) protect our, your, or others’ rights, privacy, safety or property (including by making and defending legal claims); (c) audit our internal processes for compliance with legal and contractual requirements and internal policies; (d) enforce the terms and conditions that govern the Service; and (e) prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

With Your Consent. We will disclose your personal information in accordance with your prior direction or, in some cases, we may specifically ask you for your consent to collect, use, or share your personal information, such as when required by law.

HOW WE SHARE PERSONAL INFORMATION

In addition to the specific situations discussed elsewhere in this Privacy Policy or at the point of collection, Bobo’s may share your personal information with the following entities or persons:

Related Companies. We may share your personal information with our affiliates, subsidiaries, and other related companies.

Service Providers. We may share your personal information with third parties who perform services on our behalf that are necessary for the orderly operation of the Service and our business. For example, we work with service providers that help us perform website hosting, maintenance services, database management, analytics, fraud protection, marketing, customer relationship management, finances, and other purposes.

Other Users of the Service and the Public. The Service may provide functionality that enables you to disclose personal information to other users of the Service or the public. For example, you may be able to submit a review, rating, or other content, and we will identify you by displaying information such as your name, username, or social media handle along with the content you submit. We do not control how third parties use any personal information that you make available to other users or the public.

Advertising Partners. We may also share personal information with third parties who we partner with for advertising campaigns or that collect information about your activity on the Service for the purposes described in the “Interest-Based Advertising” section above.

Contest and Joint Marketing Partners. We may also share your personal information with other partners in order to provide you with content and other features through the Service, and such partners may send you promotional materials or otherwise contact you regarding products and services that they offer. When you choose to enter a contest or sign up for a promotion, if applicable, we may share the personal information you provide as part of the offer with the named co-sponsors or other third parties affiliated with such offer.

Professional Advisors. We may share personal information with persons, companies, or professional firms providing Bobo’s with advice, consulting, or other professional services in accounting, administrative, legal, tax, financial, debt collection, and other matters.

Law Enforcement. Under certain circumstances, we may be required to disclose personal information to law enforcement, government authorities, and other parties if required to do so by law or in response to valid subpoenas or other requests by public authorities (e.g., a court or a government agency).

Authorities and Others for Compliance, Fraud Protection, and Safety. We may disclose personal information in the good faith belief that such action is necessary to comply with a legal obligation or for the purposes described above in the section titled “For Compliance, Fraud Prevention, and Safety.”

Business Transaction Participants. We may disclose personal information to third parties in connection with any business transaction (or potential transaction) involving a merger, acquisition, sale of shares or assets, financing, consolidation, reorganization, divestiture, or dissolution of all or a portion of our business (including in connection with a bankruptcy or similar proceedings).

YOUR CHOICES

You can make the following choices regarding your personal information:

Access, Update, Correct, or Delete Personal Information. You may have a right, in accordance with applicable laws, to access, update, correct, and in some cases request deletion of the personal information that we hold about you. When updating your personal information, we may ask you to verify your identity before we can act on your request. Please note that we may need to retain certain information for recordkeeping purposes, as required under applicable legal obligations, to complete any transactions that you began prior to requesting such change or access, or as otherwise permitted by applicable. In addition, you can access and update your personal information directly by accessing your account and profile information. If the Service does not permit you to update or correct certain personal information, please submit a request to us using the contact information listed at the end of this Privacy Policy.

Marketing Emails. You may opt-out of marketing-related emails by clicking the “unsubscribe” link at the bottom of the email or by contacting us as described below. Please note, after opt-ing out you may still receive service-related communications, such as those about your account, order updates, or related communications.

Text Messages. We may offer communications via text messages sent by Bobo’s or any of our service providers. To stop receiving text messages from us, reply STOP to any text message you receive from us, or send your request and mobile telephone number to the email address listed at the end of this Privacy Policy. Note that we may send you a message to confirm receipt of your STOP request.

Cookies. Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Service and they may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.

Analytics. The Site may use Google Analytics to help us analyze how our website properties are being accessed and used. You can learn more about Google Analytics cookies by clicking here and about how Google protects your data by clicking here. To opt-out of Google Analytics, you can download and install the Google Analytics Opt-out Browser Add-on, available here.

Advertising Choices. You can limit the use of your information for interest-based advertising by blocking third-party cookies in your browser settings, using browser plug-ins/extensions, or using your mobile device settings to limit the use of the advertising ID associated with your mobile device. You can also opt out of interest-based ads from companies participating in the following industry opt-out programs by visiting the linked websites: the Network Advertising Initiative (http://www.networkadvertising.org/managing/opt_out.asp) and the Digital Advertising Alliance (https://optout.aboutads.info). Some of the companies we work with may offer their own opt-out mechanisms. For example, you can learn more about how Google uses cookies for advertising purposes by clicking here and opt-out of ad personalization by Google by clicking here.

Many of the opt-out preferences described in this section must be set on each device or browser for which you want them to apply. Please note that some of the advertising companies we work with may not participate in the opt-out mechanisms described above, so even after opting-out, you may still receive interest-based advertisements from other companies. If you opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.

Do Not Track. Some browsers may be configured to send “Do Not Track” signals to the online services that you visit. The Service currently does not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

Bobo’s is based in the United States, and we have service providers in the United States and potentially other countries. Your personal information may be collected, used, and stored in these countries or other locations outside of your home country. Privacy laws in the locations where we handle your personal information may not be as protective as the privacy laws in your home country. By providing your personal information, where applicable law permits, you specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein.

CHILDREN’S PRIVACY

The Service is not intended for use by anyone under the age of 18, and we do not knowingly collect personal information from children under 18.

SECURITY OF PERSONAL INFORMATION

No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from the risks presented by unauthorized access or acquisition, we cannot guarantee the security of your personal information.

THIRD PARTY WEBSITES AND SERVICES

The Service may contain links to other websites and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or online services that are not associated with us. We do not control third party websites or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use, and sharing of your personal information. We encourage you to read the privacy policies of the other websites and online services you use.

NOTICE TO CALIFORNIA RESIDENTS

This section applies only to California residents and supplements the practices described in this Privacy Policy. It describes how we collect, use, sell, share, and retain personal information of California residents, and their rights with respect to their personal information. For purposes of this section “personal information” has the meaning given in the California Consumer Privacy Act of 2018, as amended (the “CCPA”), but does not include information exempted from the scope of the CCPA. In some cases, we may provide a different privacy notice to certain categories of California residents, in which case that notice will apply instead of this section.

Personal Information Collected and Purposes of Collection and Use. The list below summarizes the personal information we collect, or have collected in the 12 months preceding the last updated date of this Privacy Policy, by reference to the categories specified in the CCPA. Examples in the list refer to the types of personal information described in the section titled “PERSONAL INFORMATION WE COLLECT,” which also describes the categories of sources from which we collect this information.

  • Individual Identifiers, such as Contact Information (including about referrals) and Device Information.
  • Commercial Information, such as Account Information, Transaction Information, Preferences, Survey Responses, User Content, and Communications.
  • Internet or Network Activity, such as Online Activity Information and Device Information.
  • Audio, Electronic, Visual, or Similar Information, such as recorded customer service calls or chats.
  • Inferencesdrawn from the personal information identified above to create a profile reflecting your preferences, characteristics, or behavior.

The purposes, including the specific business and commercial purposes, for which we collect and use these categories of personal information are described in the section titled “HOW WE USE PERSONAL INFORMATION.”

To the extent that we may collect sensitive personal information (as defined under the CCPA), we only use or disclose it for purposes permitted under the CCPA (e.g., to provide the Service, detect security events and prevent fraud, or to verify and maintain the quality of the Service). We do not collect or use sensitive personal information for the purpose of inferring characteristics about California residents.

Personal Information Disclosed for a Business Purpose, “Sold,” or “Shared.” Each of the categories of personal information listed above may have been disclosed for business purposes in the preceding 12 months to any of the third parties set forth in this Privacy Policy under the section titled “HOW WE SHARE PERSONAL INFORMATION.”

The CCPA defines a “sale” of personal information as disclosing a California resident’s personal information to a third party for monetary or other valuable consideration. Where such disclosure is for cross-context behavioral advertising, whether or not for monetary or other valuable consideration, it qualifies as “sharing” under the CCPA.

Bobo’s will “sell” or “share,” and in the preceding 12 months has “sold” or “shared” Individual Identifiers and Internet or Network Activity to our Advertising Partners and Contest and Joint Marketing Partners for purposes of advertising our products and services or other promotional efforts (such as when our advertising partners collect data on the Site for the interest-based advertising purpose described in this Privacy Policy), for identifying new or potential customers, or for operating our contests or sweepstakes and other joint marketing arrangements. We do not knowingly “sell” or “share” the personal information of California residents under 16 years of age.

Retention of Personal Information. We will retain your personal information for as long as necessary to fulfill the purpose of collection, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish and defend legal claims, for fraud prevention purposes, or as long as required to meet our legal obligations. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Your California Privacy Rights. As a California resident, in addition to the choices described elsewhere in this Privacy Policy, you have the rights listed below. Please note, these rights are not absolute, and, in some cases, we may not be able to respond to your request, such as when a legal exemption applies or if we are not able to verify your identity.

  • Right to Know/Access. You can request the following information about how we have collected and used your personal information:
    • the categories of personal information we collected;
    • the categories of sources from which we collected personal information;
    • the business or commercial purpose for collecting, selling, or sharing (as applicable) that personal information;
    • the categories of third parties to whom we disclose personal information; and
    • the specific pieces of personal information that we collected about you.
  • Right to Delete. You can request that we delete the personal information we have collected from you and retained.
  • Right to Correct. You can request that we correct inaccurate personal information that we maintain about you.
  • Right to Opt-Out of Sales/Sharing. If we “sell” or “share” your personal information, you can opt-out.
  • Right to Nondiscrimination. You are entitled to exercise the rights described above without receiving discriminatory treatment.

You may request to exercise the rights described above as follows:

  • Know/Access, Delete, or Correct. You may exercise these California privacy rights by calling us toll free at (855) 948-2253 or by emailing us at info@eatbobos.com with the subject line “California Consumer Request.”
  • Opt-Out of Sales/Sharing. You can request to opt-out of the “sale” or “sharing” of your personal information by updating your preferences here:
  • You may also broadcast the Global Privacy Control (GPC) signal when visiting the Site to opt-out of cookie-based “sales” or “sharing.” Note that due to technological limitations, if you visit our Site from a different computer or device, or clear cookies on your browser that store your preferences, you will need to rebroadcast the GPC signal.

If you direct us not to sell/share your personal information, we will consider it a request pursuant to California’s “Shine the Light” law to stop sharing your personal information covered by that law with third parties for their direct marketing purposes.

We reserve the right to confirm your California residence to process your requests and will need to confirm your identity to process your requests to exercise your right to know/access, delete, and correct. This is a security measure to, for example, help ensure we do not disclose information to a person who is not entitled to receive it. The identity verification process may vary depending on how you submit your request.

Consistent with California law, you may designate an authorized agent to make a request on your behalf. If you do so, we may require proof of your identification, the authorized agent’s proof of identification, and any other information that we may request in order to verify the request, including evidence of valid permission for the authorized agent to act on your behalf. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee or decline to comply with your request if your request is clearly unfounded, repetitive, or excessive.

We try to respond to all legitimate requests to know/access, delete, and correct within 45 days of your request. Occasionally it may take us longer than 45 days to respond, for instance if your request is particularly complex or you have made a number of requests. In this case, we will notify you of the delay, and may continue to update you regarding the progress of our response.

California Notice of Financial Incentive. We may offer certain financial incentive programs that can result in different price or service levels, provided that such programs are reasonably related to the value of your personal information to us. For example, we may offer additional content to users who sign up for our mailing list, or giveaways, sweepstakes, contests, or other similar promotional campaigns. We typically ask you to provide your email address or other contact information in order to participate in these programs or campaigns.

We offer these programs and campaigns because, among other things, the value of your personal information to us is related to the value of the free or discounted services, or other benefits that you obtain or that are provided as part of the applicable program or campaign. This value is based on the expense related to offering those services and benefits to participants, along with other factors such as whether and to what extent you take advantage of (or opt-out from) any offerings and whether we are able to use the data we collect from you.

When we offer any program or campaign, you may withdraw at any time by contacting us using the designated method set forth in the applicable program rules or in the “CONTACTING US” section below. Please review the applicable program or campaign offering or terms to view full details, including how to join or enroll.

NOTICE TO NEVADA RESIDENTS

Nevada Revised Statutes Chapter 603A allows Nevada residents to opt-out of the “sale” of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to another person. If you are a Nevada resident who wishes to exercise your “sale” opt-out rights, you may submit a request to us using the contact information listed at the end of this Privacy Policy.

CONTACTING US

If you have any questions or concerns about our Privacy Policy or any other privacy or security issue, please contact us at info@eatbobos.com or contact us at the following address:

Simply Delicious, Inc. dba Bobo’s Oat Bars
4501 Viking Way
Loveland, CO 80538 USA