PRIVACY NOTICE

Last Updated: December 31, 2019

Monster Energy ("we", "us", "our"), 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 "Websites"), through the software applications made available by us for use on or through computers and mobile devices (the "Apps") through our social media pages that we control from which you are accessing this Privacy Notice (collectively, our "Social Media Pages"), 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 "Services").

Personal Information

Personal Information We Can Collect

"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:

Name
Gender
Postal address (including billing and shipping addresses)
Telephone number
Email address
Date of birth
Credit and debit card number
Profile picture
Social media account ID
Username and password
Demographic information

"Automatically-Collected Personal Information" is any Personal Information that is automatically collected by our or third-party systems, such as:

Device information
App usage data
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.

How We Collect Provided Personal Information

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.

How We Collect Automatically-Collected Personal Information

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 Cookies 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.

How We Can Use Personal Information

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:
- 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:
- To respond to your inquiries and fulfill your requests, such as to send you non-marketing communications such as newsletters.
- 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.
- To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies.
- 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.
- 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.
- 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.
For purposes which are required by law:
- 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):
- 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;
- We place cookies and use similar technologies as described under the ’Other Information’ section in this Privacy Notice;
- On other occasions where we ask you for consent, we will use the data for the purposes which we explain at that time.

How Personal Information Can Be Disclosed

Your Personal Information can be disclosed:

To our affiliates for the purposes described in this Privacy Notice. For Personal Information originating from Japan, Monster Energy Company is the party responsible for the management of the jointly-used Personal Information.
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

Other Information We Can Collect

"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:

De-identified information
Aggregated information

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).

How We Can Use and Disclose Other Information

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.

THIRD PARTY SERVICES

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.

SECURITY

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;.

CHOICES AND RIGHTS

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.