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Welcome

Effective Date: August 31, 2017

At Dymatize Enterprises, LLC (“we” or “our”), we want you to be familiar with how and why we collect, use, and disclose information about you. This includes information we collect through our website, www.dymatize.com. Some of this information may individually identify you.

This Privacy Policy explains our information practices with respect to information collected and the choices you can make about the collection, access, and use of your information. As part of our commitment to our community, we train our employees about the importance of privacy and how to handle and manage personal information appropriately and securely.

We collect personally identifiable information (“Personal Information”) from you if you provide it to us. The Personal Information we collect may include your:

• name;
• address;
• phone number;
• email address;
• credit card information;
• gender;
• date of birth; and
• any other information that might be used to identify you by another person.

We may use this Personal Information for the particular purposes for which it was collected or provided, as well as to:

• communicate with you regarding our products, services, promotions and news releases;
• provide you with information that you request;
• improve our product and service offerings;
• consider your job application and communicate with you about your job application;
• administer a contest, promotion, survey, market research, focus group or other feature to provide you with the relevant products and services;
• analyze visits to our websites and learn about the interests of our visitors on a personal level to better understand their interests and needs;
• respond to investor-specific inquiries;
• facilitate your transactions; and* communicate with you regarding our website, Privacy Policy and terms and conditions.

All of the above uses are considered “Services.” With respect to Personal Information covered by the Privacy Shield, as defined and discussed further below, we certify that we collect and process Personal Information solely to the extent such Personal Information is relevant in providing the Services. For our record keeping purposes, we may retain certain Personal?Information that you provide in connection with commercial transactions; however, we will only retain the information for so long as it serves the purpose of providing the Services.

We engage other companies, including, without limitation, certain of our affiliates and subsidiaries, to perform tasks on our behalf (“Agents”). We may need to share with your Personal Information with, and may transfer your Personal Information to, such Agents in order to provide products or Services to you (for example, general contests, email campaigns and similar marketing events, and in connection with investor relations matters). Other types of Agents we may share Personal Information with include those providing services to support our business functions, like analyzing contest and campaign data. Certain other Agents collect Personal Information on our behalf. For example, we use Agents for our career portal. In this context, Personal Information is collected by our Agents for a specific purpose (e.g., applying for a position) and transferred to us expressly for that purpose. In all circumstances where an Agent collects data on our behalf, it is for the purpose of providing the Services described above. All of these Agents are bound by contract to refrain from using the Personal Information we collect from you for any purpose other than providing the service to us. We are liable under the Privacy Shield Principles (as defined below) for our Agents to process transferred Personal Information in a manner consistent with the Principles.

In addition to disclosures described above, we may disclose or transfer Personal Information in connection with, or during negotiations of, any merger, acquisition, spin-off, sale of company assets, product lines or divisions, any financing or any similar transaction. We may also disclose Personal Information to prevent damage or harm to us, our services or any person or property, if we believe that disclosure is required by law (including to meet national security or law enforcement requirements), or in response to a lawful request by public authorities. Except as described in this Privacy Policy, we will not otherwise disclose Personal Information to any third parties unless you have been provided with an opportunity to opt in to such disclosure and, in the case of Personal Information collected from children, the appropriate verifiable consent is obtained.

We do not sell or share the Personal Information we collect from you to any unrelated third parties (who are not Agents) so that they may send you commercial promotions or unsolicited offers for unrelated products or services. If you would like more information about our disclosure of your Personal Information to third parties, please contact us at privacyinquiries@postholdings.com.

When we transfer Personal Information to countries other than the country where it was provided, we do so in compliance with applicable data protection laws, including, as applicable, the Privacy Shield Principles as described below. We may transfer Personal Information from persons outside of the United States (“U.S.”) to affiliates located either in the U.S. or otherwise; provided that transfers to the U.S. from the European Union (“E.U.”) or Switzerland will comply with the Privacy Shield Principles in all respects.

We engage other companies, including, without limitation, certain of our affiliates and subsidiaries, to perform tasks on our behalf (“Agents”). We may need to share with your Personal Information with, and may transfer your Personal Information to, such Agents in order to provide products or Services to you (for example, general contests, email campaigns and similar marketing events, and in connection with investor relations matters). Other types of Agents we may share Personal Information with include those providing services to support our business functions, like analyzing contest and campaign data. Certain other Agents collect Personal Information on our behalf. For example, we use Agents for our career portal. In this context, Personal Information is collected by our Agents for a specific purpose (e.g., applying for a position) and transferred to us expressly for that purpose. In all circumstances where an Agent collects data on our behalf, it is for the purpose of providing the Services described above. All of these Agents are bound by contract to refrain from using the Personal Information we collect from you for any purpose other than providing the service to us. We are liable under the Privacy Shield Principles (as defined below) for our Agents to process transferred Personal Information in a manner consistent with the Principles.

In addition to disclosures described above, we may disclose or transfer Personal Information in connection with, or during negotiations of, any merger, acquisition, spin-off, sale of company assets, product lines or divisions, any financing or any similar transaction. We may also disclose Personal Information to prevent damage or harm to us, our services or any person or property, if we believe that disclosure is required by law (including to meet national security or law enforcement requirements), or in response to a lawful request by public authorities. Except as described in this Privacy Policy, we will not otherwise disclose Personal Information to any third parties unless you have been provided with an opportunity to opt in to such disclosure and, in the case of Personal Information collected from children, the appropriate verifiable consent is obtained.

We do not sell or share the Personal Information we collect from you to any unrelated third parties (who are not Agents) so that they may send you commercial promotions or unsolicited offers for unrelated products or services. If you would like more information about our disclosure of your Personal Information to third parties, please contact us at privacyinquiries@postholdings.com.

When we transfer Personal Information to countries other than the country where it was provided, we do so in compliance with applicable data protection laws, including, as applicable, the Privacy Shield Principles as described below. We may transfer Personal Information from persons outside of the United States (“U.S.”) to affiliates located either in the U.S. or otherwise; provided that transfers to the U.S. from the European Union (“E.U.”) or Switzerland will comply with the Privacy Shield Principles in all respects.

We also use Agents to display advertising on our website or to manage our advertising on other websites. These third parties may use cookies or similar technologies in order to provide you with advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising, please visit http://preferences-mgr.truste.com/ or http://optout.aboutads.info to manage your preferences. Alternatively, if you are located in the European Union, you may visit http://www.youronlinechoices.eu/. Please note that you may continue to receive generic ads.

You may sign-up to receive emails, newsletters or other communications from us. ?If you wish to discontinue receiving this information, you may update your preferences by using the “Unsubscribe” link found in the emails that we send to you or by contacting us at privacyinquiries@postholdings.com.

Do Not Track (“DNT”) is a privacy preference that users can set in their web browsers.

• Residents of the EU or Switzerland: When our website receives a DNT code from the EU or Switzerland, except in the case of certain scenarios where a user actively and knowingly provides Personal Information (e.g. contact forms), our website will not track your use across multiple websites other than the affiliated websites listed at postholdings.com/certified, but other websites (including, without limitation, certain of our subsidiaries’, affiliates’ and third party providers’ websites) to which we link may continue to track you. When we receive web requests from a user from the EU or Switzerland who enables DNT by actively choosing an opt-out setting in their browser, we will also take reasonable efforts to disable tracking cookies/scripts (e.g. Google Analytics, Google Adwords, Facebook, Twitter and/or other third party scripts).

• All Other Users: At this time, we do not respond to browser DNT signals from places outside of the EU and Switzerland. We and other third parties, including our Agents, may collect information about your online activities over time and across different websites, including when you visit our website. You can learn about how to exercise choice regarding the collection of information about your online activities over time and across third-party website or online services by visiting http://www.aboutads.info.

We comply with the E.U.-U.S. Privacy Shield Principles and the Swiss-U.S. Privacy Shield Principles, including the Supplemental Principles (collectively, the “Privacy Shield Principles”) as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal information transferred from the E.U. to the U.S. or from Switzerland to the U.S., respectively (the programs being described herein as the “Privacy Shield”). We, along with our parent entity, Post Holdings, Inc., have certified to the Department of Commerce that we adhere to the Privacy Shield Principles. If there is any conflict between the terms in the Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov. A?list of companies that are currently certified under the Privacy Shield is available by visiting https://www.privacyshield.gov/list.

We may, but shall not be required to, also process personal information submitted relating to individuals in the E.U. and/or Switzerland via other compliance mechanisms, including data processing agreements based on the E.U.?Standard Contractual Clauses. Our Privacy Shield compliance is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (“FTC”), and we are committed to responding promptly to inquiries and requests by the United?States Department of Commerce for information relating to the Privacy Shield Principles.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Our website may contain links to the websites of our subsidiaries and affiliates (some of which have not certified to the Department of Commerce that such entity adheres to the Privacy Shield Principles) and to websites that are owned and operated by third parties. These other websites may have their own privacy policies and are not governed by this Privacy Policy. We are not responsible for the privacy practices or the content of websites owned and operated by any such third parties. Other websites may collect and treat information collected differently.

You have the right to confirm our possession of your Personal Information and/or to access, amend or delete any Personal Information we hold about you, stop receiving communications from us, and prevent any further use of your Personal Information by us, by contacting us at privacyinquiries@postholdings.com. If we are unable to satisfy your request, we will provide you with an explanation as to why such request cannot be honored. You also have the right to opt out of us using your Personal Information for a purpose that is materially different from the purpose(s) for which it was originally collected or subsequently authorized by you. We will respond to reasonable requests in an appropriate timeframe as determined by the respective authority governing the use of the applicable Personal Information.

We will also contact users whose Personal Information is within the scope of the Privacy Shield Principles to obtain prior affirmative express consent if sensitive Personal Information (i.e.,?Personal Information specifying medical or health conditions, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or Personal Information specifying the sex life of the individual) is to be disclosed to a third party, or if such sensitive Personal Information is to be used for a purpose other than those for which it was originally collected or subsequently authorized by such user. We will treat as sensitive any Personal Information received from a third party where the third party identifies and treats it as sensitive.

This website is not directed to children under age 13, and we have no intention of collecting information from children under age 13, via this website or otherwise.

All matters relating to this website are governed by the laws of the State of Missouri, U.S.A. If you are located outside of the U.S. and you contact us, please be advised that any information you provide to us will be transferred to us in the U.S. and that by submitting information, you hereby explicitly authorize and consent to its transfer to the U.S.

We maintain reasonable and appropriate security measures designed to help protect against loss, misuse, and alteration of Personal?Information collected by us. However, information transmitted on the Internet and/or stored on systems attached to the Internet is not 100% secure. As a result, we do not ensure, warrant or guarantee the security or integrity of such information. We will not be responsible for disclosure of any information due to errors in transmission or the unauthorized acts of third parties.

We may retain your information for as long as your account is active or as needed to provide you services, comply with our legal obligations, resolve disputes and enforce our agreements.

We may amend this Privacy Policy at any time. If we make any material changes in the way we collect, use, and/or share your Personal Information or to this Privacy Policy, we will notify you by prominently posting notice of the changes on the websites covered by this Privacy Policy. We encourage you to periodically review this page for the latest information on our Privacy Policy.

In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your Personal Information. E.U. and/or Swiss individuals with inquiries or complaints regarding this policy should first contact our Privacy Officer at privacyinquiries@postholdings.com.

We have further committed to refer unresolved Privacy Shield complaints to an alternative dispute resolution provider located in the U.S. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please contact the dispute resolution provider free of charge at https://feedback-form.truste.com/watchdog/request. Under certain limited circumstances, E.U. or Swiss individuals may invoke binding Privacy?Shield arbitration as a last resort if all other forms of dispute resolution have been unsuccessful. To learn more about this method of resolution and its availability to you, please visit https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint.

The FTC has committed to reviewing on a priority basis referrals alleging non-compliance with the Privacy Shield Principles received from independent dispute resolution bodies, among others. If?the FTC concludes that it has reason to believe Section 5 of the Privacy Shield Principles has been violated, it may resolve the matter by seeking an administrative cease and desist order prohibiting the challenged practices or by filing a complaint in a federal district court, which if successful could result in a federal court order to same effect.

By using this website, you signify your assent to the terms of this Privacy Policy. If you do not agree with any terms of this Privacy Policy, please do not use this site or submit any Personal Information to us.

This Cookie Policy applies to all Dymatize owned websites (which have additional Terms of Use) and all interactions with our company, brands or products.

By using this Website, you are accepting our use of cookies in accordance with this Cookie Policy. If you do not agree with the content of this Cookie Policy, you should set your browser settings accordingly or not use our websites.

A cookie is data sent from a website and stored on your computer or mobile device. From cookies, Dymatize can determine whether you have visited our websites before and recall information like your login information. To learn more about cookies, visit www.allaboutcookies.org.

Our website uses cookies to improve user experience and provide content and advertising. We use the following types of cookies on our websites:

• Session ID cookies enable certain features of our websites, determine how you interact with our websites, and monitor aggregate usage by our website users and web traffic routing on our websites. These cookies are deleted from your computer or mobile device when you log off from our websites.

• Persistent cookies save your login information for future logins to our websites. These cookies stay on your browser until you delete them manually or until your browser deletes them based on the duration period set within the cookie.

• Advertising cookies deliver content through targeted advertising that is relevant to you and your interests.

• Third party cookies are stored on our websites on behalf of third parties. Those third parties may use the data collected from these cookies to anonymously target advertising to you on other websites based on your visit to our websites.

Examples of some of the cookies used on our websites are:

Type

Cookies examples

Session ID Cookies

Google Analytics, OwnerIQ

Advertising Cookies

Google Adwords, Adroll

Third Party Cookies

Facebook, Twitter, Amazon

We also use Google Analytics to collect information about how visitors use our websites. We use this information to help improve our website and general user experience. These cookies collect information in an anonymous form, including the number of visitors to our websites, where visitors have come from, and the pages they visited. For more information about Google Analytics, visit this page. To opt out of being tracked by Google Analytics across all websites, visit this page.

If you decide at any time that you no longer wish to accept cookies from our websites, you can choose to have your computer notify you every time a cookie is being sent, or you can turn off all cookies. You would do this through your browser settings.

For help managing cookies on browsers, see below:
• Google Chrome
• Mozilla Firefox
• Microsoft Internet Explorer
• Apple Safari

If you turn off cookies, some features on our websites will be disabled, and you may not be able to use all portions of our websites or all functionality of our websites.

We will periodically update this Cookie Policy and reserve the right to make changes to this Cookie Policy any time.

IMPORTANT NOTE: If you elect to revoke your consent to receive cookies here you may also need to manage your cookie preferences in your browser. Please see Section 3 of our Cookie Policy for additional information on how to manage and remove cookies on browsers.

For more information on our use of cookies, see our Privacy Policy.

You have consented to all cookie use on this site. You can revoke your consent to non-essential cookies at any time.

IMPORTANT NOTE: If you elect to revoke your consent to receive cookies here you may also need to manage your cookie preferences in your browser. Please see Section 3 of our Cookie Policy for additional information on how to manage and remove cookies on popular browsers.

You have not consented to cookie use on this site. For full store functionality, you can opt into cookie use:

By email at privacyinquiries@postholdings.com
By mail at 1699 S. Hanley Rd., St. Louis, MO 63144; Attn: Privacy Officer

If you are a resident of a European country participating in the Privacy Shield and you believe we maintain your Personal Information within the scope of this Privacy Shield certification, you may direct any questions or complaints to the Company’s privacy officer, whose contact information is below:

Peter Hogan
VP of Enterprise Applications & Chief Privacy Officer
By email at privacyinquiries@postholdings.com
By mail at 1699 S. Hanley Rd., St. Louis, MO 63144 Attn: Privacy Officer

We are committed and required to respond to any of your inquiries on this issue within forty-five (45) days of receiving the complaint.