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Gatorade Jamaica/Privacy Notice

Privacy Notice

We know that your personal data matters to you and how it is used. We want you to trust that CBC handles your personal data carefully. This Privacy Notice will help you understand what personal data we collect, why we collect it, and what we do with it.

When reading this Notice, please note that it applies to “Compañía de Jarabes y Bebidas Gaseosas La Mariposa, Sociedad Anónima” as defined below.

Please take a moment to familiarize yourself with our privacy practices and tell us if you have any questions by using the “Contact us” section on each of our sites or by emailing datospersonales@cbc.co.

You have the right to object to certain uses of your personal data, including the use of your personal data for direct marketing. See what your rights are and how you can exercise them below.

Who is collecting your data?

All personal data provided to or collected by CBC is controlled by “Compañía de Jarabes y Bebidas Gaseosas La Mariposa, Sociedad Anónima”, as the controller of personal data.

This Privacy Notice applies to personal data collected by CBC in connection with the products and services we offer. References to “CBC” in this Notice mean “Compañía de Jarabes y Bebidas Gaseosas La Mariposa, Sociedad Anónima” and any company directly or indirectly owned and/or controlled by it with which you interact or have a business relationship.

This Privacy Notice also applies to CBC marketing content, including offers and advertisements for CBC products and services, that we (or a service provider acting on our behalf) send you on third-party websites, platforms, and applications based on your use of the site. Those third-party websites usually have their own Privacy Notice and Terms and Conditions. We recommend that you read them before using those websites.

What personal data is collected?

Personal data means any information that can be used to identify a specific individual directly or indirectly. This definition includes personal data collected offline through direct marketing campaigns, raffles, and competitions; and online through our websites, applications, and brand pages on third-party platforms and applications that you access or use through third-party platforms.

You are not required to provide CBC with the personal data we request, but if you choose not to, we may be unable to provide our products or services, or unable to do so with a high quality of service, or to respond to any questions you may have.

We may collect personal data from various sources. This includes:

  • Personal data you provide to us directly,
  • Personal data we collect automatically, and
  • Personal data we collect from other sources.

You may be asked to provide your personal data when you contact us. “Compañía de Jarabes y Bebidas Gaseosas La Mariposa, Sociedad Anónima” may share this data with Group companies and use it consistently with this Privacy Notice. We may also combine it with other information to improve our products, services, content, and advertising.

How we collect your personal data

We may collect personal data from a variety of sources. This includes:

Personal data you provide directly. We collect data about how you use our services and products, such as the types of content you view or interact with, or the frequency and duration of your activities. We also collect personal data you provide when you subscribe to a marketing newsletter, complete a survey, or register for an account to purchase our products. In doing so, we may request personal data such as your name, gender, date of birth, address, email address, phone number, or credit card details. Some CBC brands may collect “special categories of personal data” about you with your explicit consent. For more information about the special categories of data we collect and how we use them, see the relevant section below.

Personal data we collect automatically. We also receive and store certain types of personal data whenever you interact with us online. For example, we use cookies and tracking technologies (for more information, see our key privacy terms) to obtain personal data when your web browser accesses our websites or ads and other content supplied by or on behalf of CBC on other websites. Your personal data is also collected when you search, purchase, post, take part in a contest or quiz, or communicate with our customer service teams. Examples of the types of personal data we collect include: IP address (for more information, see our key privacy terms), device identifiers, location data, computer and connection information such as browser type and version, time zone settings, browser plug-in types and versions, operating system, and purchase history. During some of your Internet searches on CBC websites, we may also use software tools to measure and collect session information, including page response times, download errors, length of visits to certain pages, page interaction information, and methods used to leave the page. We may also collect technical information to help us identify your device for fraud prevention and diagnostics.

Personal data we collect from other sources. We collect personal data from other sources, including our trusted partnerships with third parties and CBC accounts on third-party platforms: for example, when you use the “Like” feature on Facebook or Instagram. In addition, we receive information about you and other visitors’ interactions with our advertising to measure whether our advertising is relevant and successful. We also collect information about you and your activities offered by third parties when we jointly offer services or products, or from third-party data enrichment providers (for more information, see our key privacy terms) that may provide CBC with information about the personal data we hold.

When and why we collect “special categories of data”

Certain categories of personal data, such as race, ethnicity, religion, health, sexuality, or biometric data, are classified as “special categories of data” and enjoy additional protection under national and international data protection laws.

We limit the circumstances in which we collect and process these special categories of data.

How do we protect children’s privacy?

We understand the importance of taking extra precautions to protect the privacy and security of children who use CBC products and services.

Most CBC websites are designed and intended to be used by adults. When one of our websites is intended for a younger audience, we will obtain consent from the person with parental responsibility or guardianship before collecting personal data when required by applicable laws and regulations (the age at which consent is required varies from country to country).

If you are a child of an age that requires parental consent in your country, you must review the terms of this Privacy Notice with your parent or guardian to ensure that you understand and accept them. If we discover that we have collected personal data from a child without parental or guardian consent in a case where such consent should have been obtained, we will delete that personal data as soon as possible. Access to certain parts of CBC websites and/or eligibility to receive prizes, samples, or other rewards is generally limited to users of legal age.

Sometimes we use your personal data to carry out age checks and implement age restrictions.

What do we use your data for?

We collect, process, and disclose your personal data only for specific and limited purposes. For example, to process your payments, assess and manage claims, develop and improve our products, services, communication methods, and website functionality, provide personalized products, send communications and targeted advertising, and product recommendations.

We also create profiles by analyzing information about your online browsing, search and purchase behavior, and your interactions with our brand communications by creating segments (groups that share certain common characteristics) and placing your personal data in one or more segments.

In addition, CBC processes your personal data by automated means. An automated decision is a decision made solely by automatic means, where no humans are involved in the decision-making process related to your personal data.

We collect, process, and disclose your personal data only for the following purposes:

  • To process your payments if you buy our products, provide order status, handle your inquiries and requests, and assess and manage any claim;
  • To process and respond to your inquiries or contact you to answer your questions and/or requests;
  • To develop and improve our products, services, communication methods, and website functionality;
  • For general marketing purposes, including communicating upcoming promotions, new product launches, events, or commercial information about the brands;
  • For contests or promotions you have entered;
  • To communicate information to you and manage your registration and/or subscription to our newsletter or other communications;
  • To manage our day-to-day business needs regarding your participation in our contests, raffles, or promotional activities or requests;
  • To authenticate the identity of individuals who contact us by phone, electronic means, or other channels;
  • For internal training and quality-control purposes;
  • To understand and assess consumers’ changing interests, wishes, and needs, improve our website, current products and services, and/or develop new products and services; and
  • To provide personalized products, communications, and targeted advertising, as well as product recommendations.

When we collect and use your personal data for the purposes above or for other purposes, we will inform you before or at the time of collection.

Where applicable, we will ask for your consent to process personal data. When you give consent for processing activities, you have the right to withdraw your consent at any time.

In some cases, CBC may process your data without your consent where it arises from a contractual relationship. For example, when you register for a loyalty program of one of our brands and we use the personal data collected to perform data analysis to improve our products or services. This information will only be used when necessary, for example to help perform a contract or optimize a service, and without overriding your rights as an individual.

PROFILING

CBC uses your personal data to create profiles. We also create profiles by analyzing information about your online browsing, search and purchase behavior, and your interactions with our brand communications by creating segments (groups that share certain common characteristics) and placing your personal data in one or more segments. CBC uses these segments to personalize the website and our communications for you (such as showing relevant content when you visit our site or in a newsletter we send you) and to show relevant offers and advertising from CBC brands on CBC websites and through third-party websites. Segments may also be used for third-party campaigns on CBC sites. CBC builds a profile of your data when you have given consent for us to do so; for example, by accepting cookie settings in your online browser or by subscribing to email newsletters from one of our brands.

You may withdraw your consent to prevent your personal data from being used in this way at any time using the cookie management section of our Cookie Notice or by unsubscribing from the use of your email address if you have registered on one of our websites or subscribed to a marketing newsletter. By way of example:

CBC collects data, with your consent, from:

  • Our websites about what you view and how you interact with our content
  • Our digital display advertising that we provide to you on social media platforms and other publishers’ websites; and
  • Forms you complete online and send to us about your interests.
  • If you have asked us to send you emails or SMS messages, we track whether you open, read, or click content to see what interests you and provide more content we believe you are more likely to enjoy.

We use this information to profile what you like and dislike.

Based on this profile information, we may also provide you with advertising we believe you will like and want to see while viewing our content or that of our publisher network where we advertise. Sometimes, with your consent, we may use your current location to send you advertising related to nearby promotions or events we believe may interest you.

We may also use information you have provided to selected third parties and, with your consent to share it, such as your age, gender, life stage, lifestyle, and broader interests to identify people we believe have similar interests to you and who we believe will be interested in similar advertising.

With whom will your personal data be shared?

As a global company, “Compañía de Jarabes y Bebidas Gaseosas La Mariposa, Sociedad Anónima” shares your personal data within the Group and with selected third parties in the following circumstances:

All information collected on CBC websites may be shared for strategic, marketing, and research purposes with strategic partners such as PepsiCo.

External service providers. To process your requests, respond to your inquiries, deliver your orders, redeem coupons, provide samples, allow you to participate in raffles, or perform other functions and services and make materials available through our websites, we share your personal information with external service providers that perform functions on our behalf, such as companies that: host or operate CBC websites, process payments, analyze data, provide customer service, postal or delivery services, and sponsors or other third parties that participate in or administer our promotions. They have access to the personal data needed to perform their functions, but may not use it for other purposes. In addition, they must process this personal data in accordance with this Privacy Notice and as permitted by applicable data protection laws and regulations.

Other business partners and third parties. Your personal data will also be used by us or shared with our sponsors, advertisers, advertising networks, advertising providers, social networks, and analytics companies or other third parties in connection with data enrichment, as well as to communicate upcoming promotions or new product launches, events, or commercial brand information and to carry out general marketing activities.

Business transfers. Your personal data will be used by us or shared with Grupo Empresarial Mariposa for internal reasons, primarily for business and operational purposes. As we continue to develop our business, we may sell or buy assets, subsidiaries, or business units. In such transactions, your personal data is generally one of the business assets transferred but remains subject to the promises made in any preexisting Privacy Notice (unless, of course, you consent otherwise). If another entity acquires us, or acquires our businesses or all or a substantial part of our assets or assets related to CBC websites, your personal data will be disclosed to that entity as part of due diligence and transferred to that entity as one of the transferred assets. In addition, if a bankruptcy or reorganization proceeding is filed by or against us, all personal data will be considered an asset of ours and, as such, may be sold or transferred to third parties.

Legal disclosure. We may transfer and disclose your personal data to third parties:

To comply with a legal obligation;

When we believe in good faith that an applicable law requires it;

At the request of government authorities conducting an investigation;

To detect and protect against fraud, or any technical or security vulnerability;

To respond to an emergency; or

To protect the rights, property, safety, or security of third parties, visitors to CBC websites, CBC, or the public.

International data transfers

CBC shares personal data internally or with third parties for the purposes described in this Privacy Notice.

CBC will only send personal data collected within the data subject’s country to foreign countries in circumstances such as:

To follow instructions you give us,

To comply with a legal obligation; or

To work with our agents and advisors we use to help perform our business and services.

If we transfer personal data outside your country, CBC will ensure that it is protected in the same way as if it were being used in the country of origin.

How do we protect your personal data?

CBC takes the security of your personal data very seriously. We do everything possible to protect your personal data from misuse, interference, loss, unauthorized access, modification, or disclosure.

Our measures include implementing appropriate access controls, investing in the latest information security features to protect the IT environments we use, and ensuring that we encrypt, pseudonymize, and anonymize personal data whenever possible.

Access to your personal data is only allowed among our employees and agents on a need-to-know basis and is subject to strict contractual confidentiality obligations when the data is processed by third parties.

How long will we keep your personal data?

We will retain your personal data for as long as we need it for the purpose for which it is processed. For example, when you make an online purchase with us, we will retain data related to your purchase so that we can establish the specific contract you entered into and thereafter retain the personal data for a period that allows us to manage or respond to any complaint, inquiry, or concern related to the purchase.

Your data may also be retained so that we can continue to improve your experience with us and ensure that you receive the loyalty rewards you are entitled to.

We will retain identifiable information we collect directly for targeting purposes for the shortest time possible, and after that time we will take steps to permanently delete it.

What are your rights?

When we process your personal data, you have a number of rights regarding how the data is processed and you may exercise these rights at any time. We have provided an overview of these rights and what they mean for you. You may exercise your rights by emailing datospersonales@cbc.co.

The right to be informed. You have the right to receive clear, transparent, and easily understandable information about how we use your personal data and your rights. Therefore, we provide the information in this Notice.

The right of access and rectification. You have the right to access, correct, or update your personal data at any time. We understand the importance of this and if you wish to exercise your rights, please contact us.

The right to data portability. The personal data you have provided to us is portable. This means it can be moved, copied, or transmitted electronically under certain circumstances.

The right to be forgotten. In certain circumstances, you have the right to request that we delete your data. If you wish to delete the personal data we hold about you, let us know and we will take reasonable steps to respond to your request in accordance with legal requirements. If the personal data we collect is no longer needed for any purpose and the law does not require us to retain it, we will do our best to permanently delete, destroy, or de-identify it.

The right to restrict processing. In certain circumstances, you have the right to restrict the processing of your personal data.

The right to object. In certain circumstances, you have the right to object to certain types of processing, including processing for direct marketing (that is, receiving notices from us by email or being contacted about different potential opportunities).

The right to lodge a complaint with a supervisory authority. You have the right to lodge a complaint directly with the local supervisory authority about how we process your personal data.

The right to withdraw your consent. If you have given consent to any action we take with your personal data (that is, we rely on consent as the legal basis for processing your personal data), you have the right to withdraw your consent at any time (although if you do so, it does not mean that anything we have done with your personal data with your consent up to that point is unlawful). You may withdraw your consent to the processing of your personal data at any time by contacting us using the details below.

Rights related to automated decision-making. You have the right not to be subject to a decision based solely on automated processing that produces legal effects concerning you or similarly significantly affects you. In particular, you have the right to:

obtain human intervention;

express your point of view;

receive an explanation of the decision made after an assessment; and

challenge the decision

You can obtain more information and advice about your rights via datospersonales@cbc.co.

CBC will respond to requests within the timeframes prescribed by applicable law.

You also have the right to file a complaint at any time with the supervisory authority in your jurisdiction.

How can you contact CBC?

If you have any questions or concerns about CBC’s Privacy Notice or data processing, or if you wish to file a complaint about a possible breach of privacy laws, please email us at datospersonales@cbc.co or through our “Contact us” form on the website https://cbc.co/marcas/#contact.

How do we keep this notice up to date?

We will update this Privacy Notice when necessary to reflect customer feedback and changes in our products and services.

When we post changes to this statement, we will revise the “last updated” date at the bottom of this Notice. If the changes are significant, we will provide a more prominent notice (including, for certain services, an email notification of changes to the Privacy Notice). We will also keep previous versions of this Privacy Notice on file so you can review them.

We will not reduce your rights under this Privacy Notice without your consent.

Additional privacy terms or notices

In addition to this Privacy Notice, there may be specific campaigns or promotions governed by additional privacy terms or notices. We recommend that you read these additional terms or notices before participating in such campaigns or promotions, as you will be asked to accept them if you wish to participate. Any additional privacy terms or notices will be available in a clearly visible form for you.

Last updated February 2022