THE ESTER C COMPANY PRIVACY POLICY

The terms "we", "us", and "our" used in this privacy policy (the "Policy") refer, collectively, to The Ester C Company and its subsidiaries, successors and assigns (collectively, "TEC"). "Personal information" has the meaning specified in the Personal Information Protection and Electronic Documents Act (Canada).

At TEC, we value our customers and respect the privacy of individuals. TEC recognizes that it must maintain and use personal information responsibly We have created this Policy to demonstrate our commitment to privacy and security of personal information, and to advise you about the collection, use and disclosure of personal information which may be provided to us directly by individuals or by our retail partners that distribute TEC products (our "retailers"), by our service providers, by our affiliates, or through the TEC website or any other TEC site including any of TEC's social networking websites and web pages such as Facebook, Twitter or YouTube (such websites collectively, the "Sites"). Our Policy also provides you the ability to, where applicable, "opt-out" of providing personal information that you do not wish to provide and to access, change or remove any personal information already collected. TEC will not collect, use or disclose personal information other than in compliance with this Policy. From time to time we may enter into co-venture relationships with respect to the provision of our products or services and in those cases, the co-venturer's privacy policy applies to the collection, use and disclosure of personal information by that co-venturer.

By providing any personal information to TEC and/or by accessing the Sites, you are agreeing to all of the terms and conditions of this Policy and consent to the collection, use and disclosure of your personal information as described in this Policy. You are responsible to ensure that your access to the Sites and material available on or through it is legal in each jurisdiction in or through which you access or view the Sites or such material.

OUR PRIVACY POLICY

You can find the following information in this policy:

WHAT INFORMATION IS COLLECTED BY TEC?

Any time you enter a contest, complete a ballot, or introduce or post any text, image, video, audio, or any information, content or other materials through a Site, or otherwise provide personal information to TEC, it is collected, used and disclosed by TEC for the purposes described in this Policy. In addition, every time you visit a Site, the following information may be automatically obtained and compiled: your internet protocol (IP) address and the domain name registry information associated with that IP address; identification of your internet browser, operating system and hardware platform you are using; the date and time of your visit; the name and address (URL) of the web page you viewed immediately prior to accessing the Site; your entire query (if any) that was entered into a search engine which led you to the relevant Site; and any other "click stream" data. This information is stored in log files. Occasionally, if your browser is not configured to prevent disclosure of such information, the following information may also be revealed: your name, e-mail address, home and work addresses, telephone and fax numbers and any plain text commentary.

Additionally, the complete record of your actions at a Site, including all pages visited, the time spent on each page, the information sent or received and the names of all files uploaded or downloaded can be collected. This tracking information may be compiled by us in the aggregate and made available to third parties primarily to identify demographic data regarding visitors to our Sites.

When you contact us or one of our retailers with a comment, question or complaint, you may be asked for information that identifies you (such as your name, address and a phone number) along with additional information we need to help us promptly answer your question or respond to your comment or complaint. We may also retain this information to assist you in the future and to improve our customer service and product and service offerings.

As previously stipulated, we will also collect personal information from you when you provide your personal information to us, such as by completing an entry form to participate in a contest, ballot, promotion or survey, whether online or at one of our or our retailers' stores, by signing up for our newsletter (if any), by communicating with us or our retailers by telephone, e-mail, in-store or otherwise, or by introducing or posting any text, image, video, audio, or any information, content or other materials through any of TEC's Sites. As a result of these actions, you might supply us with personal information, such as your name, date of birth, e-mail and postal addresses, telephone number(s), and product interest information and in certain circumstances, your comments, suggestions, ideas, opinions and individual preferences. We may also acquire information about you from other present and future TEC affiliates.

In light of the importance of protecting children's privacy, we do not intend the Sites for child audiences, and we do not collect, process or use on our Sites any information relating to an individual who has self-identified as being under 13 years old without the prior, verifiable consent of his or her parent or other legal representative. If a parent or guardian discovers that his or her child has provided us with personally identifiable information, such parent or guardian has the right, upon request, to view the information provided by the child and/or to require that it be deleted from our records. In such a case we ask that the parent or guardian of the child contact us at the contact information provided in the "Contacting Us" section below for such purpose.

HOW IS MY PERSONAL INFORMATION USED?

We collect personal information in order to:

  • verify your eligibility for, and to provide you with, products and services
  • help us to better understand and respond to consumer needs and preferences and to communicate special offers and promotions from TEC or our affiliates or retailers concerning our or their products and services
  • develop, improve, market and provide our products and services and manage our business
  • generate statistics and aggregate reports for internal use
  • help us to meet applicable legal and regulatory requirements; and
  • for purposes that are specified and disclosed to you at the time of collection (for example, the administration of contests)

In order to better serve you or to meet regulatory requirements, we may combine information you give us online, through our retailers, by telephone or in writing about your product interests or experiences with readily available demographic information in order to enable us to communicate with you, by telephone (including by way of automated dialing answering device) e-mail, mail or otherwise, about our products, services, surveys, promotions, special offers, and contests.

We also use information collected from our Sites to measure interest in the various areas of our Sites, to ensure that links on the Sites facilitate easy navigation and to help make the Sites more interesting and informative. Except as described in this Policy, any personal information that we disclose to third parties is done in the aggregate on a non-personally identifiable basis and is used primarily to identify demographic data regarding our consumers.

You acknowledge and agree that TEC shall also have the right to incorporate, use and reproduce any text, image, video, audio, or any information, content or other materials you provide through a Site, by email or posting on a Site, in whole or in part, in connection with the marketing and promotion of TEC's business or products. You always have the right to revoke such consent in the manner described in the section "How do I exercise my choices about the collection, use and disclosure of my personal information?" below.

TO WHOM MAY MY PERSONAL INFORMATION BE DISCLOSED?

We will not disclose your personal information to any non-affiliated third party without your prior consent, other than as provided below:

  • we may disclose your personal information to any TEC affiliate, so that it may communicate with you (whether by e-mail, telephone, post or otherwise) and provide you with promotional materials and additional information about its products, services, promotions and special offers that may be of interest to you, or collect and use that information subject to and for other purposes contemplated by this Policy

  • in the event of a merger, amalgamation or sale of all or a part of our business or another similar transaction, we may transfer or disclose your personal information to a purchaser or prospective purchaser, who may collect, use and disclose such information for the purposes of evaluating and/or effecting a proposed transaction or operating and managing the affairs of the acquired business, or for the other purposes identified in this Policy

  • we may transfer personal information to non-affiliated third parties for processing on our behalf (such as technical support and financial institutions) pursuant to agreements that prohibit the third parties from using or disclosing the personal information other than for the purpose of processing and which impose security safeguards appropriate to the sensitivity of the information. These third parties are only provided with the personal information necessary to perform their specific service

  • you acknowledge that, in the event that a third party processor or an affiliate of TEC is located in the United States, your personal information may be processed and stored in the United States and that United States federal or state governments, courts or law enforcement or regulatory agencies may be able to obtain disclosure of your personal information under the federal or state laws of the United States

  • we reserve the right to disclose your personal information as required by law, in response to legal or regulatory process or to law enforcement requests by government authorities that have asserted a lawful right to access such information, to our legal counsel, or as necessary to protect the property, interests and rights of TEC

A NOTE ABOUT CONTESTS

For any contest conducted, sponsored or authorized by TEC, your personal information will also be collected, used and disclosed as follows:

  • for contests in which entry is automatic, for example, when you complete a transaction that earns an automatic entry into a contest, your personal information will also be collected and used for the purposes of administering the contest

  • for contests in which you choose to enter by supplying your personal information, unless the contest rules clearly state otherwise, the personal information you supply when entering the contest will be used only for the administration of that contest

  • in some cases, you may also be given the opportunity to request or agree to receive information from us at the time you enter the contest, in which case your personal information may also be used to supply you with the information you have requested or agreed to receive

  • contest winners must also agree to the use of certain of their personal information, such as their name, address and photograph, in any publicity concerning the contest

Additional contest rules may apply. For contests sponsored and administered by a co-venturer or retailer, your personal information may also be collected, used and disclosed in accordance with the information provided to you about such contests and in accordance with this Policy.

HOW DO I EXERCISE MY CHOICES ABOUT RECEIVING PROMOTIONAL COMMUNICATIONS?

You always have the right to direct us not to share your information with third parties (see "How do I exercise my choices about the collection, use and disclosure of my personal information?" below). With regard to the collection and disclosure of aggregate information however, please note that you will not be able to opt out as this information simply reflects statistical analysis of various aspects of personal information and does not include personally identifiable information.

WHAT ARE "COOKIES" AND HOW DOES TEC USE COOKIES ON THE SITE?

Cookies are small data files that a website stores on your computer's hard drive or in random access memory when you are viewing the website. They keep a record of your preferences making your subsequent visits to the website more efficient. In certain cases, this information is only kept during the session and is deleted when you close your browser. In other cases, the information is stored on your hard drive and, upon your next visit to the website, the cookies are used to recall such information. Cookies may store a variety of information, including, a unique user ID that can be used to track the pages of the Site you have visited and the number of times that you view a particular page or other item on the website, login or registration information, your preferences and your purchase history, where available.

No personal information is transmitted via cookies. Cookies, by themselves, cannot be used to reveal or discover the identity of the individual user; your acceptance of our cookies will not compromise your anonymity while using the Site.

We use cookies in order to improve the online experience of users of a Site. Your cookies help us keep track of your interests. Your cookies may be used in order to monitor and maintain non-personally identifiable information about your use of our Site.

The use of cookies is a common practice adopted by most major websites to better serve their clients. Most internet browsers are designed to accept cookies, but they can be easily modified to warn you each time a cookie is being sent or to block all cookies. This is done through your browser settings; see your browser's help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. You should note, however, that without cookies, some of a Site's functions will not be available, and you may lose some of the benefits of the Site as, amongst other things, we will not recognize you as a past visitor.

Composite tracking information generated by cookies may be shared with third parties for the purpose of documenting Site activity, traffic accounting, content analysis and other trends. Statistical information is not linked to any personal information and cannot identify any individual user of the Site.

HOW DO I EXERCISE MY CHOICES ABOUT THE COLLECTION, USE AND DISCLOSURE OF MY PERSONAL INFORMATION?

We would like your consent to collect, use and share your personal information for the purposes and in the manner described herein, including in order to contact you and to provide you or have our partners, retailers or affiliates provide you with promotional communications. Nonetheless, we want you to know that you have choices and can refuse or withdraw your consent as follows.

You have the choice simply not to submit any personal information to us, however this may limit our ability to serve you or may prevent you from participating in our contests. In addition, by emailing us at the contact link below you may choose to limit how we use your personal information by not allowing us to share such information with third parties.

In the event that you have consented to the collection, use and/or disclosure of your personal information, you may later withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice, by contacting our privacy officer as described in the section entitled "Contacting Us" below, or by following any "opt-out" instructions provided in the promotional materials sent to you. Our privacy officer will also be able to provide you with more information regarding the implications of withdrawing consent.

In respect of requests not to receive promotional communications from us, please be sure to include your full name, address, telephone number and any e-mail address you used when you signed up or entered a contest on the Site, or registered with us. It may take up to two (2) weeks to process your request, during which period you may continue to receive communications from TEC. If you prefer not to receive promotional information from TEC, please follow the unsubscribe instructions set out in this Policy or in the respective privacy policies and/or communications of the applicable TEC affiliate.

HOW CAN I ACCESS OR CHANGE MY PERSONAL INFORMATION OR MAKE INQUIRIES OR COMPLAINTS IN RELATION TO TEC'S PRIVACY PRACTICES?

Subject to the conditions described below, you are entitled to request access to, and, if necessary, correct your personal information collected by us. In order to make such a request, please contact our privacy officer in writing (see "Contacting us" below).

Upon receipt by TEC of your written request, you will be informed, within a reasonable time following such request, of the existence, use and disclosure of your personal information and will be given access to that information. TEC will need to verify your identity before providing you with the personal information we hold about you. If you have a disability, then upon request, we will make reasonable accommodations to provide you with your personal information in an alternative format.

TEC may not be able to provide you with access to your personal information where the information cannot be disclosed for reasons of security or commercial confidentiality, where the information is protected by legal privilege or when access is prohibited by law. If TEC cannot provide access, TEC will inform you of the reasons why access has been denied, except when TEC is prohibited from doing so by law.

TEC may charge a reasonable fee to cover the cost of providing the information to you. If a fee is charged, TEC will inform you of the approximate cost of providing the information to you prior to processing your request and will provide you with the opportunity to withdraw your request.

You may challenge the accuracy and completeness of the information and have it amended as appropriate. Please see "Contact us" below.

You can also contact our privacy officer for any questions about or to make any complaint in relation to this Policy and TEC's privacy practices (see the "Contacting us" section below).

HOW LONG IS MY PERSONAL INFORMATION RETAINED?

We will keep your personal information only as long as is reasonably necessary for the purposes described in this Policy or such longer period as may be required by applicable law.

HOW SECURE IS MY PERSONAL INFORMATION?

We take great care in trying to maintain the security of personal information we have collected. We have adopted physical and technological processes and procedures to protect the confidentiality of personal information and to safeguard personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification, in light of, among other things, the sensitivity of the information and the purposes for which it is to be used. Furthermore, each and every TEC employee or agent must abide by this Policy. Although we do not take responsibility for any theft, misuse, unauthorized disclosure, loss, alteration or destruction of data, we take reasonable precautions to prevent such occurrences.

While we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

PRIVACY POLICY CHANGES

If we decide to change our Policy, we will post these changes on our website so that you can be updated as to what information we gather, how that information may be used and whether (and how) it may be disclosed to any third parties. Following the posting of such changes, you will be bound by such changes unless you advise us in writing, by phone or by e-mail that you wish to withdraw your consent (as per the procedure outlined above). You are responsible for regularly reviewing this Policy and any changes thereto.

SOCIAL PLUG-INS

TEC may install on the Sites various social media plug-in protocols, such as Facebook's "Like" button, which allow you to share your likes and interests in TEC products, services, and promotions with your friends and contacts. When you click on a social media plug-in protocol link, such as the Like button, a link to our Site may appear in the "Likes and Interests" section of your Facebook or other social media website profile. Your friends and contacts will be able to see the link and be led back to the Site if they share your likes and interests or if they are interested in learning more about our products, services, and promotions. We may also contact you, and those of your friends and contacts who chose to become members of TEC or TEC co-sponsored social media website webpages, with news about TEC or its retailers’ products so you and your friends and contacts can learn about TEC or its retailers’ products, services and promotions. By using a social media plug-in protocol link, you consent to receiving communications from us for all of these purposes and agree to allow us to use information on your likes and interests in connection with the marketing and promotion of our business. You understand that information about your likes and interests may be shared with your friends and contacts and the broader social-media website community. For more information about social media plug-in protocols, such as Facebook's "Like" button, and its impact on your privacy rights, please visit the appropriate social media website's help center (such as the Facebook Help Center at the following: Facebook Help Center - Social Plug-ins) to find out more.

OTHER WEBSITES

The Sites may contain links to other websites that are not operated by TEC. This Policy does not apply to the practices of third parties and TEC does not assume any responsibility for any such third party practices or for the privacy practices of the websites that it does not operate. By using our Sites and/or accessing a third party's website from our Sites, you release TEC of any responsibility for the actions, practices and omissions of third parties. By clicking on any hyperlinks to other websites from our Sites, you may automatically submit to the privacy practices of those websites. Please check the privacy policies of these third party websites. In no event will TEC or any TEC affiliates be liable to you or anyone else for any damages or injury whatsoever (including but not limited to direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with the misuse of personal information by those websites.

CONTACTING US

BY PHONE

(631) 200-5979

BY POST MAIL

2100 Smithtown Avenue
Ronkonkoma, NY 11779
U.S.A.

Attn: Legal Department

Last updated: June 26, 2012.