Whether it's a new beat, new dance, an epic piece of art, or the house party of a lifetime - BPM is here to help.
Whether it's a new beat, new dance, an epic piece of art, or the house party of a lifetime - BPM is here to help.
Last Updated: February 5th, 2024
Energy Beverages LLC (“weâ€, “usâ€, “ourâ€), whose details are provided in the "Contacting Us" section at the end of this privacy notice ("Privacy Notice"), is concerned about privacy issues and wants you to be familiar with how we collect, use, store, transfer and disclose information. This Privacy Notice describes our practices in connection with personal information that we collect through websites operated by us from which you are accessing this Privacy Notice (the “Websitesâ€), through the software applications made available by us for use on or through computers and mobile devices (the “Appsâ€) through our social media pages that we control from which you are accessing this Privacy Notice (collectively, our “Social Media Pagesâ€), as well as through HTML-formatted email messages that we send to you that link to this Privacy Notice and information that we collect offline, such as through forms you may fill to enter a sweepstakes or contest (collectively, including the Websites, the Apps and our Social Media Pages, the “ Servicesâ€).
California residents, please see our “California Privacy Notice†for additional information about what Personal Information we collect about you and how we use and share your information.
“Personal Information†means all information relating to you as an individual, including both Provided Personal Information and Automatically-Collected Personal Information.
“Provided Personal Information†is Personal Information that you that you provide or make available to us, including:
“Automatically-Collected Personal Information†is any Personal Information that is automatically collected by our or third-party systems, such as:
· Information collected through cookies, pixel tags, and other technologies
Please note that we may use a third-party payment service to process payments made through the Services. If you wish to make a payment through the Services, your Personal Information will be collected by such third party and not by us, and will be subject to the third party’s privacy notice, rather than this Privacy Notice. We have no control over, and are not responsible for, third parties’ collection, use, storage, transfer or disclosure of your Personal Information.
If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority and appropriate consent to do so and to permit us to use the information in accordance with this Privacy Notice.
We and our service providers collect Provided Personal Information in a variety of ways, including:
Through the Services : We collect Personal Information through the Services, e.g., when you sign up for a newsletter, create an account or make a purchase.
Offline : We collect Provided Personal Information from you offline, such as when you visit a store selling our products, attend a trade show, attend an event we sponsor, place an order over the phone or contact customer service.
From Other Sources : We can receive your Provided Personal Information from other sources, such as public databases; joint marketing partners; social media platforms; from people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. For example, if you elect to connect your social media account to your Services account, certain Personal Information from your social media account will be shared with us, which can include Personal Information that is part of your profile or your friends’ profiles.
We and our service providers can collect Automatically-Collected Personal Information in a variety of ways, including:
Through your browser or device : Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, device performance benchmarks and capabilities, installed plugins, mouse clicks or cursor position, page scroll position, time spent on the services, pages visited, referral pages and keywords used if coming from a search engine, language, Internet browser type and version, the name and version of the Services (such as the App) you are using, and other anonymous traffic data. We use this information to ensure that the Services function properly and to personalize your experience while using the Services. For example, we may use and combine such information, in combination with IP address, to create a unique ID that identifies your browser or device to us with reasonable certainty. This unique ID enables us to track your activity on our Services and to display content that we believe will interest you based on such activity.
Through your use of the App : If you download and use the App, we and our service providers track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App.
Using cookies : Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation, display information more effectively, and to personalize your experience while using the Services, as well as for online tracking purposes. We can recognize your computer to assist your use of the Services. We also gather statistical information about the usage of the Services in order to continually improve the design and functionality, understand how the Services are used and to assist us with resolving questions regarding the Services.
If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html . However, if you do not accept these cookies, you may experience some inconvenience in your use of the Services. For example, we may not be able to recognize your computer and you may need to log in every time you visit the applicable Services.
For full details on how we use cookies and other technologies, please visit our Cookie Policy.
Using pixel tags and other similar technologies : Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.
IP Address : Your “IP Address†is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. We use IP Addresses for purposes such as calculating usage levels of the Services, helping diagnose server problems, and administering the Services.
Physical Location: We may collect the physical location of your device by, for example, using IP address, satellite, cell phone tower or WiFi signals. We can use your device’s physical location to provide you with personalized location-based services and content. In some instances, you may be permitted to allow or deny such uses of your device’s location, but if you choose to deny such uses, we may not be able to provide you with the applicable personalized services and content.
We use Personal Information for the reasons set out below:
· To provide the Services, to fulfil a contract, or take steps linked to a contract. This includes:
o To complete and fulfill your purchase or redemption, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase or redemption and provide you with related customer service in the execution of a contract entered into between you and us.
· As required to conduct our business and pursue our legitimate interests, in particular:
o To respond to your inquiries and fulfill your requests, such as to send you non-marketing communications such as newsletters.
o To monitor use of our websites and online Services, and using your information to help us monitor, improve and protect our products, the Services and websites, both online and offline.
o To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies.
o To offer you information that is relevant to you, to personalize your experience on the Services by presenting content, products and offers tailored to you. For example, we may display content or send you emails that we believe may interest you based on your Personal Information, social media account profile and activity, demographic information, physical location, and activity on our Services.
o To allow you to participate in sweepstakes, contests and similar promotions and managing such sweepstakes, contests and promotions. Some of these activities have additional rules, which can contain additional information about how we use and disclose your Personal Information, so we suggest that you read those additional rules carefully.
o For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
o In compliance with legal obligations (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
· Consistent with your choices and consent (where applicable):
o We will send you direct marketing in relation to our relevant products and Services, or other products and services provided by us and our affiliates;
o We place cookies and use similar technologies as described under the 'Other Information' section in this Privacy Notice;
o On other occasions where we ask you for consent, we will use the data for the purposes which we explain at that time.
Your Personal Information can be disclosed:
· To our service providers who provide website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing and auditing services, and other similar services.
· To third parties to permit them to send you marketing communications, if you have opted in to such sharing.
· To third party sponsors or co-sponsors of sweepstakes, contests and similar promotions, if you have opted in to such sharing and to the use of your personal data for such purposes.
· By you, on message boards, chat, profile pages, blogs, and other services to which you are able to post information and materials (including, without limitation, our Social Media Pages). Please note that any information you post or disclose through these services will become public information, and can be available to users of the Services and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Services.
· To your friends associated with your social media account, to other users of the Services and to your social media account provider, in connection with your social sharing activity, such as if you connect your social media account to your Services account or log-into your Services account from your social media account. By connecting your Services account and your social media account, you authorize us to share information with your social media account provider, and you understand that the use of the information we share will be governed by the social media site’s privacy notice.
· To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
· As necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
“Other Information†is information that has been collected or modified in such a way as to not identify or tie to you as an individual, such as:
Aggregated Personal Information does not personally identify you or any other user of the Services, (for example, we can aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).
We can use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law.
In some instances, we can combine Other Information with Personal Information (such as combining your name otherwise de-identified information). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.
This Privacy Notice does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link (including links to videos on our Services hosted by third parties such as YouTube or Vimeo). The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.
Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, Yahoo!, Twitter, Pinterest, Tumblr or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media Pages.
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section in this Privacy Notice.
Where applicable under EU law, you may have a right to object to some of the processing we carry out. More information about your rights, and how to exercise them, is set out below.
We give you many choices regarding our use and disclosure of your Personal Information for marketing purposes in accordance with your legal rights. In addition to other choices we may provide, you may also opt-out from:
· Our sharing of your Personal Information with affiliates for their direct marketing purposes: If you would prefer that we do not share your Personal Information on a going-forward basis with our affiliates for their direct marketing purposes, you may opt-out of this sharing by emailing us at [email protected] .
· We will review your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages.
California residents, see our “California Privacy Notice†for more information about certain legal rights.
Nevada law permits our users who are Nevada consumers to request that their personal data not be sold (as defined under applicable Nevada law), even if their personal is not currently being sold. Requests may be sent to [email protected] .
If you would like to request to review, correct, update, suppress, restrict or delete Personal Information about you, object to the processing of Personal Information about you, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you can email us at [email protected] or write to us using the contact details set out in the "Contacting Us" section at the end of this Privacy Notice. We will respond to your request consistent with applicable law.
These rights may be limited, for example if fulfilling your request would reveal personal data about another person, or if you ask us to delete information which we are required by law to keep or have compelling legitimate interests in keeping.
If you have unresolved concerns, you have the right to complain to a data protection authority where you live, work or where you believe a breach may have occurred.
Whenever we rely on your consent, you will always be able to withdraw that consent, although we may have other legal grounds for processing your data for other purposes, such as those set out above.
We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice and during the period required or permitted by law or as long as it may be necessary for the exercise or defense of legal claims. For example, if you enter into a contract with us we will keep your personal data during the contract and, after, for a period of time for the exercise or defense of legal claims.
The Services are not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the Services.
The Services are controlled and operated by us from the United States and your personal data will be transferred outside the European Economic Area ("EEA"). Such international transfers of personal data are possible either because there is an adequacy decision issued by the European Commission or because we have put in place appropriate safeguards. You may request us to provide further information in this regard or to provide you with a copy of the appropriate safeguard by contacting us by any means of contact included within this Privacy Notice.
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, trade union membership, sex life or sexual orientation) on or through the Services or otherwise to us.
We may change this Privacy Notice. Please take a look at the “ Last Updated†legend at the top of this Privacy Notice to see when this Privacy Notice was last revised. Any changes to this Privacy Notice will become effective when we post the revised Privacy Notice on the Services. Your use of the Services following these changes means that you accept the revised Privacy Notice.
The data controller of your Personal Information is Monster Energy Company, and its representative within the EU is Monster Energy Europe Limited. Please find below their contact details:
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Data controller:
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Representative in the EU:
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You can also contact us by email at the following address: [email protected]
Please note that email communications are not always secure; so please do not include credit card information or sensitive information in your emails to us.
CALIFORNIA PRIVACY NOTICE
This California Privacy Notice (“California Noticeâ€) supplements the Energy Beverages LLC (“weâ€, "us", “ourâ€) Privacy Notice and applies solely to visitors, users, and others who reside in the State of California (“ consumers†or “youâ€). We adopted this California Notice to comply with California privacy laws, including the California Consumer Privacy Act (“CCPAâ€). Any terms defined in the CCPA and not defined here have the same meaning when used in this California Notice.
Collection and Use of Personal Information
Collection of Personal Information
We collect Personal Information as described in the Privacy Notice Broadly, the collection of Personal information is from the following sources:
From You : Through the Services, e.g. when you sign up for a newsletter, create an account or make a purchase; offline, such as when you visit a store selling our products, attend a trade show, attend an event we sponsor, place an order over the phone or contact customer service; when you provide information through the App.
Automatically Collected : Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), IP address, screen resolution, operating system name and version, device manufacturer and model, device performance benchmarks and capabilities, installed plugins, mouse clicks or cursor position, page scroll position, time spent on the services, pages visited, referral pages and keywords used if coming from a search engine, language, Internet browser type and version, the name and version of the Services (such as the App) you are using, and other anonymous traffic data. If you download and use the App, we and our service providers track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App. We also automatically collect certain information through the use of cookies, pixels, and tracking technologies, such as browser type, time spent on the Services, pages visited, language preferences, actions you take using the Services, measures of marketing campaigns (such as usage and response rates), and other traffic data. We may collect the physical location of your device by, for example, using IP address, satellite, cell phone tower or WiFi signals.
From Affiliates : We can receive your Personal Information from our affiliates, such as when you participate in sweepstakes, contests and similar promotions.
From Third Parties : We can receive your Personal Information from other sources, such as public databases; joint marketing partners; social media platforms; from people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties. For example, if you elect to connect your social media account to your Services account, certain Personal Information from your social media account will be shared with us, which can include Personal Information that is part of your profile or your friends’ profiles.
Use of Personal Information
We may use Personal Information for the business purposes below:
We will not use the Personal Information we collected for material different, unrelated, or incompatible purposes without providing you with notice and obtaining your consent.
Sharing of Personal Information
Your Personal Information can be disclosed to the following categories of third parties:
Processing of Personal Information
Within the last twelve (12) months, we have collected, used, and shared Personal Information as follows:
|
Category of Personal Information Collected |
Sources of Collected Personal Information |
Purposes for Using Personal Information |
Categories of Third Parties with whom Personal Information is Shared |
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Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers |
You, Automatically, Third Parties |
1-9
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Affiliates, Service Providers, Third Parties, Governmental Entities, Successor Relationships |
|
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code 1798.80(e)) |
You, Third Parties |
1-9 |
Affiliates, Service Providers, Third Parties, Governmental Entities, Successor Relationships |
|
Characteristics of protected classifications under California or federal law |
You, Affiliates |
1-9 |
Affiliates, Service Providers, Third Parties, Governmental Entities, Successor Relationships |
|
Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies |
You, Automatically, Third Parties |
1-9 |
Affiliates, Service Providers, Third Parties, Governmental Entities, Successor Relationships |
|
Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement |
Automatically, Third Parties |
1-9 |
Affiliates, Service Providers, Third Parties, Governmental Entities, Successor Relationships |
|
Geolocation data |
Automatically, Third Parties |
1-9 |
Affiliates, Service Providers, Third Parties, Governmental Entities, Successor Relationships |
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Audio, electronic, visual, thermal, olfactory, or similar information |
You |
1-9 |
Affiliates, Service Providers, Third Parties, Governmental Entities, Successor Relationships |
Your California Privacy Rights
California’s “Shine the Light†law, permits our users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to [email protected] , and are free of charge. However, we do not disclose personal information protected under the “Shine the Light†law to third parties for their own direct marketing purposes.
In addition, if you are a resident of California, under 18 and a registered user of the Services, you may ask us to remove content or information that you have posted to the Services by writing to by email at [email protected] or write to us by using the contact details set out in the "Contacting Us" section at the end of this California Notice.
Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.
The CCPA provides California residents with the following rights:
· The categories of Personal Information collected about you;
· The categories of sources from which we collected your Personal Information;
· The categories of Personal Information that we have sold or disclosed about you for a business purpose;
· The categories of third parties to whom your Personal Information was disclosed for a business purpose;
· Our business or commercial purpose for collecting or selling your Personal Information; and
· The specific pieces of Personal Information we have collected about you.
· Complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between our business and you.
· Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
· Debug to identify and repair errors that impair existing intended functionality.
· Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
· Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
· Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
· To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
· Comply with a legal obligation.
· Otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
· Deny you goods or services.
· Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
· Provide you a different level or quality of goods or services.
· Suggest that you my receive a different price or rate for goods or services or a different level or quality of goods or services.
Some of our Services, however, may require your Personal Information. If you choose not to provide your Personal Information that is necessary to provide any aspect of our Services, you may not be able to use those Services.
Submitting a Verified Consumer Request
To exercise your Right to Know, Data Portability, and Right to Delete, you must provide us with sufficient information to allow us to verify your identity, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Once we receive the information you provide to us, we will review it and determine if more information is necessary to verify your identity as required by law, and we may request additional information in order to do so.
To exercise your CCPA privacy rights described above, please submit a verifiable request to us by:
Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your Personal Information.
You may only make a verifiable consumer request for Right to Know or Data Portability twice within a 12-month period. The verifiable consumer request must:
We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.
Consumer Request by an Authorized Agent
If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require at a minimum an email be sent to [email protected] , and all of the below items; in addition based on the nature of the request and information, we may require additional information:
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the request’s identity or authority to make the request.
We will acknowledge receipt of the request within ten (10) days of its receipt. We will respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Sale of Personal Information
We never monetize your Personal Information or sell it to third parties for money. However, the CCPA defines “sale†broadly, and that definition could include information that we have shared with our service providers and certain technology providers. In the past twelve (12) months, we have “sold†(as defined under the CCPA) the categories of Personal Information set forth in the table under “Processing of Personal Information in this california-privacy-notice. We “sold†the Personal Information for the purposes described in this California Notice and the Privacy Notice.
We do not and will not knowingly sell the Personal Information of minors under the age of 16 without affirmative authorization.
Do Not Track
We use analytics systems and providers and participate in ad networks that process Personal Information about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. We do not currently process or comply with any web browser’s “do not track†signal or similar mechanisms.
Note, however, that you may find information about how to opt out of Google Analytics and DoubleClick online behavioral advertising, and/or block or reject certain tracking technologies in our Cookie Policy.
UPDATES TO THIS CALIFORNIA NOTICE
We may change this California Notice. Please take a look at the “Last Updated†legend at the top of the Privacy Notice to see when this California Notice was last revised. Any changes to this California Notice will become effective when we post the revised California Notice on the Services. Your use of the Services following these changes means that you accept the revised California Notice.
CONTACTING US
If you have any questions or concerns about this California Notice and/or how we process Personal Information, you can contact us at:
Monster Energy Company
FAO: Privacy
Legal Department
1 Monster Way
Corona, CA 92879 USA
You can also contact us by email at the following address: [email protected]
Please note that email communications are not always secure; so please do not include credit card information or sensitive information in your emails to us.
Welcome to the BPM website, located at http://www.bpmenergy.com (the “Siteâ€) and operated by Energy Beverages LLC (“Energy Beveragesâ€).
THIS IS A LEGAL AGREEMENT (“AGREEMENTâ€) BETWEEN YOU, THE END USER (ON BEHALF OF YOURSELF, OR YOUR COMPANY OR ORGANIZATION), AND Energy Beverages. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SITE AND CREATING YOUR ACCOUNT. BY CLICKING ON THE “YES, I ACCEPT†BUTTON, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “YES, I ACCEPT†BUTTON AND DISCONTINUE YOUR REGISTRATION. YOUR USE OF THE SITE MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.
References in this Agreement to “Energy Beverages,†“we,†“us†or “our†mean Energy Beverages. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Site, and in any event your continued use of the Site following the posting of changes to this Agreement and the Privacy Policy set forth elsewhere on the Site, the terms of which are incorporated by this reference, constitutes your acceptance of any changes. You must be at least 13 years old to use the Site. You must be at least 18 years old and obtain a user name and password for participation in the Energy Beverages Community (“Communityâ€) on the Site. You shall be exclusively responsible for the supervision, management, and control of your user login and password for the Site and you shall ensure that you properly exit the Site at the end of each session.
Intellectual Property.The content, organization, graphics, design, compilation, and other matters related to the Site are protected under applicable U.S. and international copyright, trademark and intellectual property laws. “Energy Beverages†and our logos and other marks are either trademarks or registered trademarks of Energy Beverages (“Trademarksâ€). We exclusively own all worldwide right, title and interest in and to all the Trademarks, documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,†compilations, magnetic translations, digital conversions and other materials included within the Site and related to the Site, and all modifications and derivative works thereof, and all intellectual property rights related thereto (the “Intellectual Propertyâ€). The posting of information or materials on the Site by us does not constitute a waiver of any rights in any Intellectual Property or such information and materials. You shall not challenge, contest or otherwise impair Energy Beverages’s ownership of the Site and the content therein or the validity or enforceability of Energy Beverages’s rights in the Intellectual Property. We reserve the right in our sole discretion to edit or delete any information or other content appearing on the Site at any time without notice. Nothing contained in this Agreement shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in the Intellectual Property or any copyright, trademark, patent or other intellectual property right of Energy Beverages or any third party.
Copyright Policy.None of the material on our Site may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of Energy Beverages, which permission may be withheld in our sole and absolute discretion. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide us with the following information: a description of the copyrighted work that you claim has been infringed and where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a signed statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Energy Beverages’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Energy Beverages, Attn: Legal Department, 2390 Anselmo Drive, Corona, CA 92879.
Accuracy of Information.While we use reasonable efforts to include accurate and up to date information in the Site, we make no and disclaim all warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assume no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the information contained on the Site.
Energy Beverages Community.You must be at least 18 years old and obtain a user name and password for participation in the Community. Each user has a unique user account on the Site and on our internal network. Your user account allows you to view the information that you are authorized to access. Therefore, it is important that you protect your user account and password. By accepting this Agreement, you authorize us to respond to a request for a new password via email. The new password will be delivered to the email of record in your system profile maintained in your Account Information.
Our Rights To Your Content.Any communication or material you transmit or post will be treated as non-confidential and non-proprietary by Energy Beverages. You are solely responsible for any content, discussions, chats, postings, transmissions, news, messages, photos, videos, comments, blogs or profiles (collectively, “Contentâ€) that you publish or display (hereinafter, “postâ€) on the Site or any material or information that you transmit to other users of the Site. By posting Content on any public area of the Site, you automatically grant, as well as represent and warrant that you have the right to grant, to Energy Beverages, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, distribute, publish, and/or broadcast, in whole or in part, in any medium and in any manner on this Site or otherwise such information and Content and that Energy Beverages has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You understand and agree that Energy Beverages may review and delete any Content that in the sole judgment of Energy Beverages violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of Energy Beverages or any user of the Site.
Posting On The Site.You represent and warrant that: (i) you own any Content posted by you on the Site or otherwise submitted to us in connection with the Site, and have the right to grant the applicable license set forth herein, and (ii) posting and publishing any such Content on or in connection with the Site does not violate any third-party intellectual property, publicity, privacy or contract rights. You shall not submit any Content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability, or violates any law or obligation of confidentiality. We may screen or monitor submitted Content for legal or other purposes, though we have no obligation to do so. We assume no and disclaim all responsibility or liability arising from the Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy of any such information. Do not post personally identifiable information in areas other than within your profile. We reserve the right, in our sole discretion, to reject, refuse to post or remove any profile or posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. Your participation in any offline Energy Beverages event is at your sole risk.
Privacy.You hereby acknowledge and agree that you have no expectation of privacy with regard to any Content you submit, transmit, or post on to or through the Site. Since we cannot guarantee security of information on the Site, all use thereof is at your own risk and without recourse against us. We will not be responsible for the accuracy of any Content contained on our Site. Please choose carefully the information and Content you post on the Site and that you provide to others. Your Energy Beverages profile may include personally identifiable items, including last names, email addresses, telephone numbers, and street addresses.
Any and all information that we obtain from you, or from transactions processed through the Site, including names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the Site may be collected and used by us as provided in our Privacy Policy. You confirm that you have read and agree to the terms of our Privacy Policy, the terms of which are incorporated herein. We make no and disclaim all representations or warranties with regard to the sufficiency of the security measures used for data handling and storage. We will not be responsible for any actual, consequential special or incidental damages that result from a lapse in compliance with our Privacy Policy because of a security breach or technical malfunction.
Securities Laws.This Site may contain statements, estimates or projections that constitute “forward looking statements†as defined under U.S. Federal Securities laws. Generally, the words “believe, expect, intend, estimate, anticipate, project, will†and similar expressions identify forward looking statements, which generally are not historical in nature. Forward looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from Energy Beverages’s historical experience and Energy Beverages’s present expectations or projections. These risks include, but are not limited to, Energy Beverages’s ability to finance expansion plans, share repurchase programs and general operating activities; changes in the non-alcoholic beverage business environment, including actions of competitors and changes in consumer preferences; regulatory and legal changes; interest rate and currency fluctuations; changes in economic and political conditions; Energy Beverages*’s ability to penetrate and develop new markets, the effectiveness of Energy Beverages’s advertising, marketing and promotional programs; litigation uncertainties; adverse weather conditions; inability to achieve volume growth through product and packaging initiatives; changes in the cost and availability of raw materials and the ability to maintain favorable supply arrangements and relationships and procure timely and/or adequate production of all or any products; the marketing efforts of distributors of Energy Beverages’s products, most of which distribute products which are competitive to Energy Beverages; unilateral decisions by stores or other customers to discontinue carrying all or any of Energy Beverages’s products that they are carrying at any time; changes in product category consumption; possible recalls of Energy Beverages’s products; and other risks discussed in the Energy Beverages LLC’s filings with the Securities & Exchange Commission (“SECâ€), including the Energy Beverages LLC’s annual report on Form 10K, which filings are available from the SEC. The aforegoing list of important factors is not exhaustive. You should not place undue reliance on forward looking statements, which speak only as of the date they are made. We undertake no obligation to publicly update or revise any forward looking statements and expressly disclaim any duty to do so.
International Users.If you use the Site from outside of the United States, your connection will be through and to servers located in the United States, your orders placed through the Site will be fully processed in and shipped from the United States and all information you provide will be processed and maintained in our web servers and internal systems located within the United States. By using the Site, you authorize the export of personal information to the United States and its storage and use as specified above when you provide such information to us.
Merchandise and Purchases.Through the e-Store section of the Site (“e-Storeâ€), we offer a variety of merchandise for sale. We cannot guarantee the availability of a particular product at any particular time. We reserve the right to change our merchandise offerings on the Site, without notice, at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility, of the Site from time to time in our sole and absolute discretion. When you visit the Site or the e-Store or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site or the e-Store. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Your e-Store Account.Access to the e-Store is granted to a customer upon completion of a user profile in the e-Store account information page. Accessing the e-Store account information and user profile acknowledges authorization to contractually bind the user and user’s review and acceptance of this Agreement and the Privacy Policy. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We do not sell products to children. If you are under 18, you may use the e-Store only with involvement and consent of a parent or guardian. We and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Safe and Secure Online Transactions.Shopping at the e-Store is safe. We wouldn’t have it any other way, nor would we sell our products online without safe, secure and confidential credit card transactions. Our Secure Sockets Layer (“SSLâ€) software is industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read as the information travels over the Internet. We are concerned about the safety and security of our customers. As such, we have put into practice a number of protections to ensure that your transactions with us process safe and secure and your information is secure and confidential. We will never email or call a customer to ask that they disclose or verify personal information such as credit card number, address, password or such. Such information should only be submitted when ordering products online, contacting us directly, or updating account information online.
Product Descriptions.We and our affiliates attempt to be as accurate as possible when describing products. We do not warrant that product descriptions or other content of the e-Store is accurate, complete, reliable, current, or error-free. If a product offered by the e-Store itself is not as described, please contact customer service at [email protected] or at the address listed at the end of this Agreement.
Pricing and Delivery.Except where noted otherwise, the list price displayed for products in the e-Store represents the full price for the product itself excluding shipping and tax. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. With respect to products sold by the e-Store, we cannot confirm the shipping charges for any item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be priced incorrectly. If we discover that an item is priced incorrectly, we will do one of the following: (a) if an item´s correct price is lower than our stated price, we will charge the lower amount and ship you the item; or (b) if an item´s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Please note that this policy applies only to products sold and shipped by the e-Store. All items purchased from the e-Store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We reserve the right to limit quantities of any product/s that may be purchased from the e-Store in our sole discretion and to decline to ship any product/s to any person outside the continental United States.
Payment.Except to the extent we permit purchases with promotional or discount codes prior to the purchase of any products on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, and (iv) the date of expiration. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience, but within thirty (30) days of credit card authorization. Purchase transactions are subject to our return policies as they may be in effect from time to time; otherwise, all charges from sales are nonrefundable, and all merchandise purchases are final. You hereby represent, warrant and agree that you will not use any credit card or other form of payment unless you have all necessary and legally required authorization to do so. We shall not be liable in the event your children or others acting with or without your permission use your credit card to make purchases on the Site (and to the extent your minor children make any such purchases, you hereby represent and warrant that they are authorized to do so); however you may report any unauthorized use to us, and we will undertake reasonable measures within our control to help prevent future unauthorized use of your card.
YOU REPRESENT AND WARRANT THAT (I) THE CREDIT CARD INFORMATION SUPPLIED TO US IS TRUE, CORRECT AND COMPLETE, (II) PAYMENTS MADE YOU WILL BE HONORED BY YOUR CREDIT CARD COMPANY, AND (III) YOU SHALL PAY FOR ALL CHARGES INCURRED THROUGH USE OF YOUR LOGIN CREDENTIAL.
Returns and Refunds.Due to the nature of our products, we do not accept returns for products ordered through the e-Store on the Site. If you have any questions, please contact customer service at [email protected] or 1-866-322-4466. We will only process refunds with respect to products purchased from our e-Store. Refunds are only authorized on incorrect shipments where the error is on our part or on the part of the carrier. The product cannot have been purchased at a grocery store, club store, distributor, or any other location. Any issues or concerns with such products must reported to where the product was purchased.
Remedies.You hereby acknowledge that if we, in our sole discretion, determine you to be in breach of this Agreement, we may restrict, suspend, or terminate your access to all or any part of the Site or terminate your membership with the Community, with or without notice. Termination shall be without prejudice to any other right or remedy to which we or our affiliates may be entitled under this Agreement or at law.
Disclaimer.THE SITE AND ALL CONTENT, MATERIALS AND PRODUCTS CONTAINED IN THE SITE, ARE PROVIDED ON AN “AS IS†BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, Energy Beverages DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE SITE; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE SITE OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. Energy Beverages SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR USE OF ANY INFORMATION ACCESSED THROUGH THE SITE OR PRODUCTS PURCHASED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Energy Beverages THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND.
Energy Beverages IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY INFORMATION POSTED BY ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO INFORMATION APPEARING ON ANY COMMUNITY PAGES, ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
Limitation of Liability.Energy Beverages SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT, ANY VIRUSES AFFECTING THIS SITE, THE USE OR INABILITY TO USE THIS SITE, INCLUDING THE COMMUNITY, THE RESULTS GENERATED FROM THE USE OF THIS SITE, INCLUDING THE COMMUNITY, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS, HOWEVER CHARACTERIZED, AND/OR FROM ANY OTHER CAUSE WHATSOEVER. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Energy Beverages’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, TO Energy Beverages IN THE SIX (6) MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.
Indemnity.You will indemnify and hold us, our subsidiaries, parents, affiliates, officers, directors, shareholders, legal representatives, agents, and other partners and employees, harmless from loss, liability, costs, damages or expenses from any and all claims, actions and suits, whether groundless or otherwise, and from and against any and all claims, liabilities, judgments, losses, damages, costs, charges, attorney’s fees, and other expenses of every nature and character by reason of (i) your use of the Site; (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement; (iii) your participation in any offline Energy Beverages event; and (iv) any acts or omissions by you or on your behalf with respect to any Content posted on the Site by you and/or any third party (including but not limited to on the Community pages).
No Solicitation. While we love to hear from our fans, it is the policy of Energy Beverages LLC (“MECâ€) not to accept unsolicited submissions of ideas or other creative material. This is to avoid any misunderstandings if MEC’s products or marketing that we develop independently seem similar to ideas submitted to us. We must therefore request that you do not send to us any original creative materials such as ideas for new or improved products, advertising campaigns, or product names, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by MEC or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, MEC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, and marketing products using such information.
Miscellaneous.This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Subject to the arbitration provision below, any legal actions related to this Agreement and/or the Site, or your use thereof, shall be brought and conducted in Orange County, California, and each user hereby consents to such jurisdiction and authorizes and accepts service of process sufficient for personal jurisdiction in any action against him as contemplated by this section. Any dispute, controversy or claim arising out of or relating to this Agreement or the breach or termination hereof shall be settled by binding arbitration conducted by JAMS/Endispute (“JAMSâ€) in accordance with JAMS Comprehensive Arbitration Rules and Procedures (the “Rulesâ€). The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, in Orange County, California. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. Within seven (7) calendar days after appointment, the arbitrator shall set the hearing date, which shall be within ninety (90) calendar days after the filing date of the demand for arbitration unless a later date is required for good cause shown and shall order a mutual exchange of what he/she determines to be relevant documents and the dates thereafter for the taking of up to a maximum of five (5) depositions by each party to last no more than two (2) business days in aggregate for each party. All parties waive the right, if any, to obtain any award for exemplary or punitive damages or any other amount for the purpose or imposing a penalty from the other in any arbitration or judicial proceeding or other adjudication arising out of or with respect to this Agreement, or any breach hereof, including any claim that said Agreement, or any part hereof, is invalid, illegal or otherwise voidable or void. In addition to all other relief, the arbitrator shall have the power to award reasonable attorneys’ fees to the prevailing party. The arbitrator shall make his or her award no later than seven (7) calendar days after the close of evidence or the submission of final briefs, whichever occurs later.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision.
If you have any questions regarding this Agreement, please contact us:
Energy Beverages LLC
Attn: Consumer Relations
2390 Anselmo Drive
Corona, CA 92879
SELECTING “YES, I ACCEPT†WILL BE THE LEGAL EQUIVALENT OF YOUR SIGNATURE ON A WRITTEN CONTRACT, AND EQUALLY BINDING. YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THIS SITE AND/OR CREATE AN ACCOUNT.
EFFECTIVE DATE: January 5, 2012
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