Merrick Pet Care, Inc. Privacy Notice
Effective: April 5, 2012 Last Updated: September 26, 2023
Scope of This Notice
This privacy notice describes our information collection and use practices on the places where it appears or is provided to you. This includes websites and apps where it is posted. It does not apply to the practices of subsidiaries or affiliates. It does not apply to information about our employees.
NOTICE AT COLLECTION
1. Personal Data That We Collect About You
We collect various types of information from you, as described below. California law requires us to tell you if we share information for cross-contextual behavioral advertising. Described below by category is the information we may collect and if we share it for cross-contextual behavioral advertising. To learn how to modify your cross-contextual advertising preferences view our Notice of Right to Opt-out of Sale/Sharing.
- Contact Data: Any data you provide to Us that would allow Us to contact you, such as your name, postal address, email address, social network details, or phone number. In some cases, we may share this information for the purpose noted below.
- Account Login Data: Any data that is required to give you access to your specific account profile. Examples include your login ID/email address, screen name, password in unrecoverable form, and/or security question and answer.
- Device Data: Data about the computer system or other technological device that you use to access one of our websites or apps, such as the Internet protocol (IP) address used to connect your computer or device to the Internet and other online identifiers. If you access one of the sites or apps subject to this policy via a mobile device such as a smartphone, the collected data will also include, where permitted, your phone’s unique device ID, advertising ID, and other similar mobile device data. In some cases, we may share this information for the purpose noted below.
- Payment Data: Any data that We need in order to fulfil an order, or that you use to make a purchase, such as your debit or credit card details (cardholder name, card number, expiration date, etc.) or other forms of payment (if such are made available).
- Demographic Data: Any data that describes your demographic or behavioral characteristics. Examples might include your gender, geographic location (e.g., ZIP code), favorite products, hobbies and interests, and household or lifestyle data. It may include data collected when you inquire about adopting a pet through a Petfinder member adoption organization, or create a saved pet search alert. In some cases, this could include data that you give Us about someone else. For example, if you provide a friend’s email address for a tell-a-friend program. It may also include data about your pets and pet preferences. If you are a veterinary professional, We may collect data about your practice. This may include information about your specialty or degree and any professional credentials. In some cases, we may share this information for the purpose noted below.
- Third-Party Social Network Data: Any data that you share publicly on a third-party social network or data that is part of your profile on a third-party social network (such as Facebook) and that you allow the third-party social network to share with Us. Examples include your basic account data (e.g., name, email address, gender, current city, profile picture, user ID, list of friends, etc.) and any other additional data or activities that you permit the third-party social network to share. We receive your third-party social network profile data (or parts of it) every time you download or interact with a web application on a third-party social network such as Facebook, every time you use a social networking feature that is integrated within one of our sites (such as Facebook Connect), or every time you interact with Us through a third-party social network. To learn more about how your data from a third-party social network is obtained by us, or to opt out of sharing such social network data, please visit the website of the relevant third-party social network. In some cases, we may share this information for the purpose noted below.
- Site Usage Data: This includes information about how you use our websites and our other communications. For example, as you navigate through and interact with our websites/apps or emails, We use automatic data collection technologies to collect certain data about your device(s) and your actions. This includes data such as which links you click on, which pages or content you view and for how long, and other similar data and statistics about your interactions, such as content response times, download errors, and length of visits to certain pages, as well as operating system type and web browser type and version. We may also visually record your interactions with our website, including your mouse clicks, movement, scrolling, and navigation through our website. In some cases, we may share this information for the purpose noted below.
- Feedback Data: Any information that you share with Us about your experience of using our products and services. This includes any content that you create and then share with Us on third-party social networks or one of our websites or apps. Examples include photos, videos, personal stories, or other similar media or content. This may also include information you provide during your conversations with consumer affairs.
- Geolocation Data: We may collect information about your location. This may include your precise location if you request to know suggested stores or directions of where to purchase product or other location suggestions you request from us. We may also use general location information for the marketing purposes outlined in this policy.
- Inferences: In some cases we may use purchase or certain demographic data to create a profile about you. We may also use usage data in this way. The profile we create may reflect your preferences or characteristics. It may also reflect your behaviors and help us better tailor our products and services to you.
We do not use or disclose sensitive personal information, as defined by California law, for inferring characteristics or for purposes other than those permitted by law.
2. Uses for Your Personal Data
The following paragraphs describe the various purposes for which We collect and use your personal data, and the different types of personal data that are collected for each purpose. Please note that not all of the uses below will be relevant to every individual.
Consumer service. We use your personal data for consumer service purposes. Consumer service activities could be responding to your inquiries or complaints.
Contests, marketing, and other promotions. We may use your personal data to provide you with information about goods or services (e.g., marketing communications or campaigns or promotions). This can be done via email, ads, SMS, phone calls, and postal mailings to the extent permitted by applicable laws. This includes providing you with marketing messages when you are within a certain distance of a store. Some of our campaigns and promotions are run on third-party websites and/or social networks. For more information about our contests and other promotions, please see the official rules or details posted with each contest/promotion. We may use your friend’s email address to send them information you request through a “tell-a-friend” feature.
Third-party social networks. We use your personal data when you interact with third-party social networking features, such as “Like” functions, to serve you with advertisements and engage with you on third-party social networks. You can learn more about how these features work and the profile data that We obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third-party social networks.
Personalization. With your consent (where required), We may use your personal data to personalize your experience with us. For example, we may use these categories of personal information: (i) to analyze your preferences and habits, (ii) to anticipate your needs based on our analysis of your profile, (iii) to improve and personalize your experience on our websites and apps; (iv) to ensure that content from our websites/apps is optimized for you and for your computer or device; (v) to provide you with targeted advertising and content, and (vi) to allow you to participate in interactive features, when you choose to do so. For example, We remember your login ID/email address or screen name so that you can quickly login the next time you visit our site or so that you can easily retrieve the items you previously placed in your shopping cart. Based on this type of information, and with your consent (where required), We also show you specific content or promotions that are tailored to your interests.
Order fulfilment. We use your personal data to process and ship your orders, inform you about the status of your orders, correct addresses, and conduct identity verification and other fraud detection activities. This involves the use of certain personal data and payment information.
Other general purposes (e.g. internal or market research, analytics, security). In accordance with applicable laws, We use your personal data for other general business purposes, such as maintaining your account, conducting internal or market research, and measuring the effectiveness of advertising campaigns. This also includes improving our websites and services. We reserve the right, if you have Nestlé accounts, to reconcile those accounts into one single account. We also use your personal data to help identify fraud and secure our systems and site.
3. How We Collect Personal Data About You
We collect personal data directly from you, when you choose to provide it to us. For example, We collect data when you place an order with us. We collect data when you register on one of our websites or apps. We collect data when you become a member of a loyalty program. We collect data when you sign up for our emails. We collect data from printed or digital registrations and similar forms that We collect via, for example, postal mail, in-store demos, contests, and other promotions or events. We collect data when you inquire about adopting a pet through a Petfinder member adoption organization, or create a saved pet search alert. We collect data if you fill out a survey or use other tools on your websites or apps. We also collect data if you contact Us through our websites or apps, via email, or through social media.
We collect data from you passively. For example, We use tracking tools like browser cookies and web beacons. To learn more about cookies visit the FTC’s Online Tracking page. We do this in our digital platforms and in emails that We send to you. We collect data about users over time when you use this website. This includes usage and browser data. We may have service providers or other third parties collect data this way. We also collect data from our mobile apps.
We get data about you from other sources. For example, our affiliates and business partners may give Us data about you. We may receive data from companies who compile information about shoppers and their preferences. Social media platforms may also give Us data about you. We may get data about your interactions with our ads on third-party sites.
4. Personal Data of Children
We do not knowingly solicit or collect personal data from children below the age of 13. If you are a parent or legal guardian and think that your child under 13 has given Us data, you can contact Us in writing or by email as provided below under the section titled CONTACT. Please mark your inquiries “COPPA Information Request.”
5. Disclosure of Your Personal Data
The following paragraphs describe how and to whom We disclose your data.
Service providers. These are external companies that We use to help Us run our business (e.g., order fulfilment, payment processing, fraud detection and identity verification, website operation, market research companies, support services, promotions, website development, data analysis, CRC, etc.). For individuals in California, this information may have been shared in the last 12 months. We may disclose all categories of information with our service providers.
Shelters, Rescues and Other Petfinder Member Organizations. On the Petfinder website or app you can introduce yourself to a particular pet. You can also submit an inquiry or application to a shelter or other Petfinder member organization. When you do that you authorize Us to share the information you provided on your inquiry or application form with those organizations. Information shared might include your contact and demographic data. It may also include other details you have provided about why you might be a good fit for a particular pet. If you do not want to share this information, you should not introduce yourself to a pet or submit an inquiry or application. For individuals in California, this information may have been shared in the last 12 months.
We may share information for cross-contextual behavioral advertising. We may share information with third parties in order to provide cross-contextual behavioral advertising. In the Notice at Collection (above) we outlined which categories of information are shared for cross-contextual behavioral advertising.
Credit reporting agencies/debt collectors. To the extent permitted by applicable law, credit reporting agencies and debt collectors are external companies that We use to help Us to verify your creditworthiness (in particular for orders with invoice) or to collect outstanding invoices. We may provide contact, demographic and payment data to them. For individuals in California, this information may have been shared in the last 12 months.
Sharing personal data for legal reasons or due to merger/acquisition. In the event that Merrick or its assets are acquired by, or merged with, another company including through bankruptcy, We will share all categories of your personal data with any of our legal successors. We will also disclose your personal data to third parties (i) when required by applicable law; (ii) in response to legal proceedings; (iii) in response to a request from a competent law enforcement agency; (iv) to protect our rights, privacy, safety, or property, or the public; or (v) to enforce the terms of any agreement or the terms of our website.
6. Data Protection and Retention
We use reasonable security measures as required by applicable law. The transmission of information via the Internet is, unfortunately, not completely secure and despite our efforts to protect your personal data, We cannot guarantee the security of the data during transmission through our websites/apps. It is important that you also play a role in keeping your personal data safe and secure. When signing up for an online account, please be sure to choose an account password that would be difficult for others to guess and never reveal your password to anyone else. You are responsible for keeping this password confidential and for any use of your account. If you use a shared or public computer, never choose to have your login ID/email address or password remembered and make sure to log out of your account every time you leave the computer. You should also make use of any privacy settings or controls We provide you in our websites/apps.
Retention of personal data. We keep personal data as long as it is necessary or relevant for the practices described in this Notice. We also keep personal data as otherwise required by law.
7. Your Choices About How We Use and Disclose Your Personal Data
We strive to provide you with choices regarding the personal data that you provide to Us. The following mechanisms give you the following control over your personal data:
Advertising, marketing, and promotions. You can opt out of marketing emails by following the instructions provided in each such communication. Please note that even if you opt out from receiving marketing communications, you will still receive transactional communications from Us, such as order or other transaction confirmations, notifications about your account activities (e.g., account confirmations, password changes, confirmation of pet adoption inquiry and submission, etc.), and other important non-marketing-related announcements.
8. Third-Party Websites and Services
We may link to third-party websites or apps, including social media platforms. This Notice does not apply to, and We are not responsible for, the privacy practices of these third-party websites or apps. Please read their privacy policies carefully.
9. Your Privacy Rights
Depending on the state in which you reside, you may have certain privacy rights regarding your personal data. Those rights are listed below.
- Access and Portability. You may request, up to two times each year, that We disclose to you the personal information that We collect, use, and disclose about you. In response to a verified request, We will provide (1) the categories and specific pieces of personal data that we have collected, (2) the categories of sources from which that data is collected, (3) the business or commercial purpose for collecting it, (4) the categories of third parties with whom We shared that data, and (5) the business or commercial purpose for sharing that data.
- Delete. You may request that We delete any personal information that We have collected from or about you. Note that there are some reasons we will not be able to fully address your request, such as if We need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, to use the data for solely internal purposes, or to comply with a legal obligation.
- Correction. You may request that We fix or update information you have provided to us.
- Opt Out. The right, if applicable, to opt out of the processing of your personal data for purposes of (1) targeted advertising; (2) the “sale” of your personal data (as that term is defined by applicable law); and (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you;
- Sensitive Personal Data. If we are required by applicable law to obtain your consent to process sensitive personal data, the right to withdraw your consent; and
- No Discrimination. The right not to receive discriminatory treatment by us for the exercise of your privacy rights.
How it works. To take advantage of any of the rights to access, port, delete or correct, or if you have any questions or concerns, please contact us at 800-664-7387. For verification purposes, We may request your first and last name, email address and any email address you may have used when registering with Us; phone number including any other phone number used at registration; and a physical mailing address. If you are submitting on someone else’s behalf we may ask for additional verification. This may include providing a signed letter verifying your right to make this request. We will not discriminate against you in response to your exercise of your privacy rights. We will respond to your access or deletion request within 45 days of receipt of your request, after proper verification, unless we need additional time, in which case we will let you know.
Notice of Right to Opt-out of Sale/Sharing. Under California law We are required to tell you if We “sell” information including information of Californians under 16. While We do not believe we engage in “selling” information, it is possible that certain of our sharing activity may be construed as a sale. We do not sell information of Californians under 16. You can opt out of this activity by visiting the Do Not Sell or Share My Personal Information page. You can also opt out by calling us at 800-778-7462. Some browsers or browser extensions also allow you to tell websites not to share your information for cross-contextual behavioral advertising through a “global privacy control” or equivalent signal. We will respond to this kind of signal in a frictionless manner. If you configure this setting on your browser, certain features on our site may not work and you will receive less targeted advertising. To learn how to configure this setting, view here. Selections are browser and device specific.
Nevada residents may also opt out of the future sale of their information to a third party by emailing us as noted at the end of this policy.
Financial Incentives. We may offer benefits to consumers enrolled in certain reward programs. The terms of the financial incentive will be presented to you at the time you sign up. You may withdraw from the financial incentives by contacting us at ContactUs@merrickpetcare.com. The value of your data is the value of the offer presented to you. We have calculated the value of the incentive by using the expense related to the offer.
10. Changes to This Notice
If We change the way We handle your personal data, We will update this Notice. We reserve the right to make changes to our practices and this Notice at any time as permitted by law. You can check back to see if there have been any updates or changes to our Notice.
To contact us about this Notice and/or our privacy practices, please contact Us at ContactUs@merrickpetcare.com or call our Office of Consumer Affairs at 1-800-664-7387 or write to us at
Merrick Pet Care, Inc.
P.O. Box 340
Neenah WI 54957