Privacy Policy

Phillips™ Pet Food and Supplies Privacy Policy

Last Updated: January 14, 2019

Thank you for visiting the Phillips™ Pet Food and Supplies website located at www.phillipspet.com (the “Site”).  The Site is an Internet property of Phillips Feed Service, Inc. (“Phillips™,” “we,” “our” or “us”).  This Phillips™ Privacy Policy (“Privacy Policy”) covers our treatment of personal information and other information that we collect when an end-user visitor to the Site (“User,” “you” or “your”): (a) accesses or uses the Phillips™ websites located at www.phillipspet.com and www.shop.phillipspet.com (collectively, the “Site”); (b) downloads, attempts to download and/or uses the Phillips™ ordering mobile application (the “App”) and associated Software (as defined below), as made available on the iPhone®, iPad® and iPod Touch®, as well as Android® and other mobile devices, where and to the extent available (collectively, “Mobile Devices”) by and through the Apple® App Store, the Google Play® store (where available) and other applicable venues (collectively, “Download Venues”); (c) accesses and/or views any of the videos, audio, text, photographs, graphics, artwork, information and/or other content featured on the Site, as made available by Phillips™ (collectively, the “Content”); (d) accesses information pertaining to, and/or gains access to, the Endless Aisles Special Ordering™ platform/API, which contains product fulfilment solutions for retail outlets, as same is provided by our corporate affiliate, PHIDO, Inc. (“Endless Aisles™”); (e) utilizes the contact form and/or other functionality as a means to request being contacted by Phillips™ (collectively, “Contact Services”); and/or (f) accesses links to Phillips’s™ social media pages/accounts on third-party social media websites including, but not limited to, Facebook®, LinkedIn® and Twitter® (collectively, “Social Media Pages”).  Users can purchase wholesale pet-related products and/or services as featured on or through the Site and/or App (“Wholesale Products”).  End-user customers of Users (“Customers”) purchase wholesale pet-related products and/or services as featured on the Endless Aisles™ platform Customer interface, with the associated fulfilment and shipping handled by Phillips™ (collectively, the “Consumer Products” and together with the Wholesale Products, the “Products”).  The Site, App, Content, Endless Aisles™ platform, Contact Services, Social Media Pages and Products shall be referred to, collectively, as the “Phillips™ Offerings.”  

Capitalized terms not defined herein shall have the meanings set forth in the Phillips™ Pet Food and Supplies Website Terms and Conditions and Mobile Application End-User License Agreement (“Terms”).  IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE OFFERINGS.

Apple®, Apple App Store®, iPhone®, iPad® and iPod Touch® are registered trademarks of Apple, Inc. (“Apple”).  Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Android®, Google®, Google Analytics®, Google+® and Google Play® are registered trademarks of Google, Inc. (“Google”).  LinkedIn® is a registered trademark of LinkedIn Corporation (“LinkedIn”).  Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that the Phillips™ is not in any way affiliated with Apple, Facebook, Google, LinkedIn or Twitter, and the Phillips™ Offerings are not endorsed, administered or sponsored by any of the foregoing entities.

1. Personal Information Collected

For the purposes of this Privacy Policy, “personal information” shall mean individually identifiable information from or about an individual.  We collect personal information when you access certain of the Phillips™ Offerings and complete the required information request form and/or otherwise provide such information to us.  For example, in connection with placing an order, obtaining access to the App, obtaining access to the Endless Aisles™ platform and/or otherwise completing the Site registration process, Phillips™ will collect the following information applicable to the User: (a) the name of the User’s business entity (“Entity”) (as well as any applicable Entity’s trade name and business entity type (e.g., corporation, limited liability company, partnership, etc.)); (b) the Entity’s street address; (c) the Entity’s primary contact’s full name; (d) the Entity’s primary contact’s e-mail address, as well as the e-mail address of every employee of the Entity that will access the Endless Aisles™ platform; (e) the Entity’s primary contact’s telephone number; (f) the Entity’s primary contact’s fax number; (g) the Entity’s billing address; (h) the Entity’s federal tax ID number (“FEIN”); (i) the Entity’s sales tax exempt number (if any); (j) the primary type of business that the Entity engages in (e.g. pet store, vet clinic, kennel retail/non-retail, shelter and rescue, etc.); (k) whether the Entity is part of a chain of stores; (l) whether the Entity has a website and, if so, the website’s address; and/or (m) any other information requested on the applicable form. For purposes of this Privacy Policy, items (h) and (i) in the preceding sentence shall be referred to as “Sensitive Information.”

2. Use of Personal Information

Other than as set forth in this Privacy Policy, Phillips™ will never share, sell, rent, exchange or barter your personal information to or with any third party for financial gain or marketing purposes.  By making that personal information available to Phillips™, you grant Phillips™ the right, subject to applicable state and federal law, to use that personal information (other than Sensitive Information) to contact you by telephone, email and to send you various marketing messages that contain promotional offers from Phillips™, as well as offers from Phillips’s™ third party partners, that Phillips™ believes may be of interest to you.  If you wish to stop receiving future communications from us, please follow the instructions at the end of each such marketing message, or see the “Opt-Out/Unsubscribe” section below.

Where you submit personal information, we use the personal information that you make available to personalize your experience with the Site and to facilitate the delivery of the applicable Phillips™ Offerings to you, including to respond to any inquiries made by you.  

You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the Phillips™ Offerings, and to keep you informed of our other products and services.    

We may also employ other companies and individuals to perform certain functions on our behalf.  Examples include sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis.  The agents performing these limited functions on our behalf shall have access to our Users’ personal information as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.

We will also use your personal information for customer service, to provide you with information that you may request, to customize your experience with the Phillips™ Offerings and/or to contact you when necessary in connection with your use of the Phillips™ Offerings.  We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the Phillips™ Offerings. We may also combine the information we have gathered about you with information from other sources.    

By submitting your personal information by and through the Phillips™ Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations.  As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

We reserve the right to release current or past personal information, including Sensitive Information: (a) in the event that we believe that the Phillips™ Offerings are being or have been used in violation of the Terms or to commit unlawful acts; (b) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; or (c) if we are sold, merge with a third party, are acquired or are the subject of bankruptcy proceedings; provided, however, that if Phillips™ is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site and in the App of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.  

You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be appropriate including, without limitation, sharing your e-mail address with third-parties for suppression purposes in compliance with applicable law, including the CAN-SPAM Act of 2003, as amended from time to time.  Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third parties without permission.

3. Non-Personal Information Collection and Use

IP Addresses/Browser Type

We may collect certain non-personally identifiable information about you and your desktop computer and/or Mobile Device when you visit many of the pages of the Site.  This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T).  We use the non-personally identifiable information that we collect to improve the design and content of the Phillips™ Offerings and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze usage of the Phillips™ Offerings.

Mobile Device Information

We may collect certain non-personally identifiable information about you and your Mobile Device when you access the App and/or visit certain App pages.  This non-personally identifiable information includes, without limitation, the following information pertaining to your Mobile Device and your use of the App: (a) Mobile Device platform type; (b) Mobile Device identifier; (c) SDK version; (d) API key (identifier for the App); (e) App version; (f) iOS Identifier for Advertising (if applicable); (g) iOS Identifier for Vendors (if applicable); (h) Media Access Control (MAC) address; (i) International Mobile Equipment Identity (IMEI); (j) the model type, manufacture and iOS version and/or Android version of the Mobile Device; (k) your App session start/stop time and date; (l) session ID; and (m) the actions taken while utilizing the App.  We use the non-personally identifiable information identified in this paragraph to improve the design and content of the Phillips™ Offerings and to enable us to personalize your App experience. We also may use this information in the aggregate to analyze Phillips™ Offerings usage, alter existing Phillips™ Offerings and/or develop new or different Phillips™ Offerings.

Geolocation Tracking

Through use of our Site/App analytics tools, Phillips™ tracks Users’ general geographical location, at the city and state level, using publicly available IP addresses that are detected through use of the analytic tools.  Phillips™ does not share your geolocation information with third-parties for any purpose. To find out more about how we use analytics tools, and for information concerning how to opt-out from having your general geographic location tracked, please see the “Behavioral Tracking” section below.  Other than as mentioned in this paragraph, Phillips™ does not track your geolocation for any other purposes.

Cookies

When a User visits the Site and/or activates the App, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable User’s computer.  A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you.  Cookies have many benefits to enhance your experience at the Site. To find out more about Cookies, please visit www.cookiecentral.com.  We use Cookies to improve the quality of the Phillips™ Offerings, including for storing User preferences and tracking Site-User trends (such as Site pages opened and App-session length).

Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent.  To disable and reject certain Cookies, follow the instructions associated with your Internet browser. Even in the case where a User rejects a Cookie, he or she may still use the Phillips™ Offerings; provided, however, that certain functions of the Phillips™ Offerings may be impaired or rendered inoperable if the use of Cookies is disabled.  We reserve the right to retain Cookie data indefinitely.

Behavioral Tracking

Neither Phillips™, nor any third party, uses cookies, pixels or other tracking technology (collectively, “Tracking Technology”) on the Site and/or in connection with the App for purposes of tracking Users’ activities after they leave the Site and/or exit the App, as applicable.  However, Phillips™, as well as third party entities, including Google® and Mixpanel®, use Tracking Technology for purposes of tracking Users’ activities while they are on the Site and/or have the App open (such as general geographic location and Site/App pages visited).  

In general, Users may be able to disable some, but not all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers.

In addition, Users can opt-out of certain Google®-related Tracking Technology by visiting the Google® Ads Settings at: http://www.google.com/settings/ads.  Google® also recommends installing the Google® Analytics Opt-out Browser Add-on for your web browser, which is made available here: https://tools.google.com/dlpage/gaoptout.  Further, Users can opt-out of certain Mixpanel®-related Tracking Technology by making certain Mixpanel® privacy setting selections at: https://mixpanel.com/legal/privacy-overview/.  

To the greatest extent permissible under applicable law, we are not responsible for the tracking practices and/or Tracking Technology of third-parties in connection with the Site/App.

Mixpanel® is a registered trademark of Mixpanel, Inc. (“Mixpanel”).  Please be advised that Phillips™ is not in any way affiliated with Mixpanel, nor are the Phillips™ Offerings endorsed, administered or sponsored by Mixpanel.

Cross Device Tracking

Phillips™ may track Users’ use of the Phillips™ Offerings across various devices, including Users’ personal computers and Mobile Devices, in order to optimize and personalize use of the Phillips™ Offerings.  Phillips™ may collect certain User personal information across various devices.

Aggregate Data

Phillips™ reserves the right to transfer and/or sell aggregate or group data about Users of the Phillips™ Offerings for lawful purposes.  Aggregate or group data is data that describes the demographics, usage and other characteristics of Phillips™ Offerings Users as a group, without disclosing personally identifiable information.

4. Social Media Websites

If you engage in any interaction with Phillips™, other Users or any third party on any Social Media Pages, you should be aware that: (a) the personal information that you submit by and through such Social Media Pages can be read, collected and/or used by other users of these websites/services (depending on your privacy settings associated with your accounts with the applicable Social Media Websites), and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire; and (b) where Phillips™ responds to any interaction on such Social Media Pages, your account name/handle may be viewable by any and all members/users of Phillips’s™ social media accounts.  

We are not responsible for the personal information that you choose to submit on any Social Media Websites.  The Social Media Websites operate independently from Phillips™, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices.  We encourage you to review the privacy policies and settings of the Social Media Websites with which you interact to help you understand those Social Media Websites’ privacy practices.  If you have questions about the security and privacy settings of any Social Media Websites that you use, please refer to their applicable privacy notices or policies.

5. Social Media Features and Widgets

Our Site includes social media features, such as the Facebook® “Share” button.  These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the social media company providing same.  Below is information concerning some of these social media widgets:

Facebook®

The Facebook® Social Media Website and associated social plug-ins are operated by Facebook Inc., 1601 South California Ave, Palo Alto, CA 94304, USA and is available at www.facebook.com. The Facebook® plug-in used on the Site can be identified by one of Facebook’s® logos. The list of Facebook® social plug-ins and their appearances and functions can be found at: developers.facebook.com/docs/plug-ins.  We have no control over the data that Facebook® collects via its social plug-ins.  Please note, where you use a Facebook® social plug-in on our Site, this allows Facebook® to know that you have visited the underling Site page, even if you are not a registered Facebook® user or if you are not logged in to your Facebook® account, if any, at the time. Your browser will transfer this information, as well as your IP address, to Facebook’s® server in the USA where such information is stored.  If you are logged in to Facebook®, Facebook® can associate your visit to our Site to your Facebook® account. To find out more about the reasons why and the extent to which Facebook® collects data, how the data is further processed and used, your rights associated with the matter, and the settings options that you can select to protect your privacy, please read Facebook’s® Data Protection Policy, which can be found at: www.facebook.com/about/privacy.  It may also be possible to block Facebook® social plug-ins by using add-ons for your browser, e.g. with the Facebook® blocker www.webgraph.com/resources/facebookblocker/.

Google+®

The Google+® Social Media Website and associated social plug-ins are operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.  The Google+® social media plug-in can be identified by the Google+® logo. We have no control over the data that Google® collects via its social plug-ins.  According to the information provided by Google®, no personal data will be collected if the User does not click on the plug-in. Such data shall only be collected and processed from Google+® members that are logged in to their respective Google® accounts. If you are logged in to your personal Google+® or Google® account, Google® can associate your visit to our Site to this account. If you interact with the plug-ins, for example by clicking the button, the information that you provide is then sent directly to Google® and saved there. Furthermore, we cannot rule out that other Google® services that are also integrated into our Site may also link data with your Google® account. If you want to prevent such data transmission, you must log out of your Google+® or Google® account before visiting our Site. To find out more about the reasons why and the extent to which Google® collects data, how the data is further processed and used, your rights associated with the matter, and the settings options that you can select to protect your privacy, please read Google’s® Data Protection Policy regarding the “+1” plug-in, which can be found at: www.google.com/intl/de/+/policy/+1button.html, as well as the FAQs, which can be found at: www.google.com/intl/de/+1/button.

Twitter®

We use plug-ins on the Site that are provided by Twitter Inc.,1355 Market St, Suite 900, San Francisco, CA 94103, USA, which can be identified by the Twitter® logo.  The Twitter® plug-ins enable the User, among other things, to share a blog post, article or other page of the Site on Twitter®. If you access a website that includes this plug-in, your browser sets up a direct connection to Twitter’s® servers. We have no control over the data that Twitter® collects via its social plug-ins.  Additional information is available in Twitter’s® privacy policy, which can be found at: https://twitter.com/privacy..

6. Third-Party Websites

The Site and App may contain links to third-party owned and/or operated websites including, without limitation, the Social Media Websites.  Phillips™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites.  In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Phillips™ has no responsibility or liability relating to them.

7. Security

We endeavor to safeguard and protect our Users’ personal information.  When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline).  Where we ask Users to enter Sensitive Information, if ever, and when we store and transmit such Sensitive Information, that information is encrypted with advanced TLS (Transport Layer Security).  

Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public.  All of our Users’ personal information is restricted in our offices, as well as the offices of our third-party service providers. Only employees or third-party agents who need User personal information to perform a specific job are granted access to User personal information.  Our employees are dedicated to ensuring the security and privacy of all User personal information. Employees not adhering to our firm policies are subject to disciplinary action. The servers that we store User personal information on are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.  

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure.  Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law.  For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure. Any transmission of data at or through the Site, App, other Phillips™ Offerings or otherwise via the Internet or wireless networks, is done at your own risk.

In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information.  You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

8. Minors

Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the Site.  Phillips™ does not knowingly solicit or collect information from visitors under eighteen (18) years of age. Phillips™ encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.

9. Opt-Out/Unsubscribe

To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: customerservice@phillipspet.com.

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Phillips™ Offerings, as well as to respond to any inquiry or request made by you.  To opt-out of receiving Phillips™ Offerings-related and/or inquiry response-related messages from Phillips™, you must cease requesting and/or utilizing the Phillips™ Offerings and/or cease submitting inquiries to Phillips™, as applicable.

10. Deleting, Modifying and Updating Your Information

At your request, we will: (a) inform you of what personal information we have on file for you; (b) amend the personal information that we have on file for you; and/or (c) remove personal information that you have provided to us, or that we have collected.  You may do so by e-mailing us at: customerservice@phillipspet.com.  We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and, to the extent permitted by applicable law, we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others or would be extremely impractical (for instance, requests concerning information residing on backup tapes).

Please be advised that deleting your personal information may terminate your access to certain of the Phillips™ Offerings.  If you wish to continue using the full complement of Phillips™ Offerings, you may not be able to delete all of the personal information that we have on file for you.

Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems.

11. Transfer of Personal Information Internationally

If you are visiting the Site and/or App from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting the Site, accessing the App and/or otherwise communicating electronically with us, you consent to such transfers.  Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

12. Changes to this Privacy Policy

Phillips™ reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site and in the App that we are changing our Privacy Policy.  If the manner in which we use personal information changes, Phillips™ will notify Users by: (a) sending the modified policy to our Users via email; and/or (b) by any other reasonable means acceptable under applicable state and federal law.  You will have a choice as to whether or not we use your information in this different manner, and we will only use your information in this different manner where you opt-in to such use.

13. Contact Us

If any User has any questions about this Privacy Policy or our privacy practices in general, the User can utilize the Contact Services forms made available on the Site and in the App, call customer service at 1-800-451-2817 and/or call, e-mail or send mail to Phillips™ utilizing the Phillips™ contact information applicable to that User’s geographical area, as listed on the Site’s “Contact Us” page.