GNC Privacy Statement – EU Residents

Updated: May 25, 2018

This policy is applicable to residents and individuals located in the European Union. 

Your privacy is as important to us as it is to you! We treat the information you provide us (such as your name or email – aka "Personal Data" as further defined below) with the highest level of integrity and responsibility. This statement describes what we collect, what we do with it and how you can manage it, plus some information about how the site operates and the security safeguards we have in place.

The policies below are applicable to Personal Data collected through GNC websites (including any versions optimized for viewing on a wireless or tablet device) (“GNC Websites”), all apps published by GNC (“GNC Apps”), all email newsletters published or distributed by GNC, all other interactive features and communications provided by GNC, and to any and all Personal Data provided by you to GNC at GNC stores, call centers, events, or promotions, and all Personal Data provided by you or collected through your membership in the GNC Loyalty Program (“GNC Programs”)(collectively, “GNC Outlets”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by General Nutrition Corporation, 300 Sixth Avenue, Pittsburgh, PA 15222, USA (collectively “GNC” or “we”, “us”, or “our”).  THESE POLICIES DO NOT APPLY TO FRANCHISEES OF GNC.  OUR FRANCHISEES OPERATE THEIR OWN STORES AND WEBSITES AND MAY ENGAGE IN OTHER DATA COLLECTION AND USE PRACTICES OR MAY PARTNER WITH OTHER THIRD PARTIES WHO MAY TREAT YOUR DATA DIFFERENTLY OR USE OTHER TRACKING METHODS AND TECHNOLOGIES.  WE DO NOT CONTROL THESE WEBSITES OR THE BUSINESS PRACTICES OF THESE FRANCHISEES.  IF YOU HAVE A QUESTION ABOUT THE PRIVACY PRACTICES OF A GNC FRANCHISEE, YOU SHOULD CONTACT THAT FRANCHISEE DIRECTLY.

By using our GNC Outlets, you are accepting the practices described in this Privacy Statement.  If you do not agree to the terms of this Privacy Statement, please do not use the GNC Outlets and/or supply us with your Personal Data.  We reserve the right to modify or amend the terms of this Privacy Statement from time to time. We will provide you with specific notice of the modifications or amendments, particularly if we intend to apply the modifications or amendments to this Privacy Statement retroactively or to Personal Data already in our possession. Your continued use of the GNC Outlets following the posting of changes to these terms will mean you accept those changes.

1. What Data We Collect and How We Use It:

You can browse our Websites, download our App, pay with cash at a store, or use certain of our other GNC Outlets without telling us anything personal about yourself. But we need some information from you to do many things on or at the GNC Outlets. Therefore, we may collect various types of information from you in conjunction with your use of the GNC Outlets, including Personal Data.  Personal Data is information that can directly or indirectly identify you.  Such Personal Data is information that you may supply to us, as described more fully below, i.e., when you make a purchase, obtain a subscription, complete a survey or participate in a promotion, attend or participate in a program, register on the GNC Outlets, upload content to a website or app, participate in a community, or provide your e-mail address.

In order to provide you with the best customer experience, we occasionally ask you to tell us a little about yourself.

1.1 Registration

The type of Personal Data we may collect when you register on our GNC Outlets, check out online or pay at the register may include the following:

• Your name, address, telephone number, and email address.
• Passwords and usernames associated with our GNC Outlets.

We collect and process this Personal Data to perform administrative services to provide you with the respective underlying services, e.g. faster purchasing process, facilitate an easier, customized online or in-store experience and facilitates your participation in communities, forums, or other areas where you contribute content, reviews, or other feedback.

The legal basis for the processing is the performance of a contract.

We will retain this Personal Data for as long as you use our services, e.g. purchase via our Outlets.

1.2 Loyalty Programs

The type of Personal Data we collect when you subscribe to one of our GNC Outlets as a GNC Loyalty Program member may include the following:

• Your name, address, telephone number, birthdate, and email address.
• Loyalty Program Membership number.
• Passwords and usernames associated with our GNC Outlets.
• We collect and process this Personal Data to perform administrative services to provide Loyalty Program members with the respective underlying services, e.g. faster purchasing process, facilitate an easier, customized online or in-store experience, with customized mailings and email sand special offers, information and notices.

We will retain this Personal Data for as long as you use our services, e.g. remain a Loyalty Program member.

1.3 Purchases

The type of Personal Data we collect when you check out online or pay at the register on our GNC Outlets may include the following:

• Your name, address, telephone number, and email address.
• Credit or debit card information.
• Loyalty Program Membership number.
• Passwords and usernames associated with our GNC Outlets and/or to authenticate your participation in a program or purchase of goods or services.

We collect and process this Personal Data to process a purchase made online or with a credit card in a store, to process a return or exchange a previously purchased item, send email receipts, order confirmations and delivery confirmations

The legal basis for the processing of this Personal Data is the performance of a contract.

We will retain this Personal Data for three years from the date of your last purchase.

1.4 Websites, apps and interactive communications

When you interact with the GNC Outlets, we may collect and process certain data. For the GNC Outlets that are our websites, interactive communications, or apps, our servers may automatically keep an activity log of your use of our GNC Outlets. Generally, we collect and store the following categories of data that may be considered Personal Data:

• Demographic data such as age, gender, and five digit zip code.
• Device information about your computer, browser, mobile device, or other device that you use to access certain of the GNC Outlets. This information may include IP address, geolocation information, unique device identifiers, browser type, browser language, and other transactional information.
• Analytics and usage information about your use of the GNC Outlets.
• Additional “traffic data” and log files such as time of visit, date of visit, software crash reports, session identification number, access times, and referring website addresses.

We collect and process this Personal Data to evaluate, improve and administer our services, products and programs.

The legal basis for the processing of this Personal Data is your consent.

We will retain this Personal Data for as long as you show interest in our services (e.g. by surfing on our website) or until you withdraw your consent.

1.5 Newsletters, Offers and Marketing Communications

We collect your e-mail address when you sign up for our newsletter.

We collect and use that Personal Data to send you newsletters and to address you personally in the newsletters.

The legal basis for the processing of this Personal Data is your consent. You may withdraw your consent to receive such information, change your marketing preferences, or remove yourself from our mailing lists by clicking on the "unsubscribe" link in the footer of promotional emails, by e-mailing us at customerservice@gnc.com or by contacting us at: GNC, Customer Service, 300 Sixth Avenue, Pittsburgh, PA 15222 or by phone at 1-888-462-2548. Please note, however, that you generally cannot opt-out of service related announcements, e.g if delivery of a product or service is delayed.

We will process this Personal Data for as long as you show interest in our services and newsletters or until you withdraw your consent. If you have not shown interest in our services for more than three years, we will delete this Personal Data.

1.6 Collection of Personal Data Through Social Media Platforms or Using Your Social Media Logon

When you interact with any GNC page or account on a social media platform, including, but not limited to, Facebook, Twitter, Google+, Tumblr, LinkedIn, YouTube, Instagram, or Pinterest, we do not collect the Personal Data that you make available to us on that page or account. However, the social media platform or another third-party may collect your Personal Data through plug-in information. You should refer to the privacy policy for the respective social media platform for additional information.

1.7 Collection of Personal Data Through Surveys, Sweepstakes and Promotions

From time to time we may provide you with the opportunity to participate in surveys, sweepstakes or other promotions through the GNC Outlets, which might be sponsored or conducted by us or a third party. If you participate, we will request certain Personal Data from you. Participation in these sweepstakes and promotions is completely voluntary and you therefore have a choice whether or not to disclose this Personal Data. The requested Personal Data typically includes your name and contact information. If there is a third-party sponsor involved please make sure to review that party's privacy policy.

We collect and process this Personal Data to administer your participation in a contest, sweepstakes, survey, or other event, such as [________________].

Where the processing relates to conducting the contests, sweepstakes etc. and to determine the winner, the legal basis for this is the performance of a contract. Where we use your Personal Data in connection with surveys, sweepstakes, contests etc. for marketing purposes, we will inform you about this and base the processing on your consent.

We will retain your Personal Data for as long as this is necessary to conduct the contest, ´sweepstake, survey etc., i.e. until all prizes have ultimately been distributed.

1.8 Customer Service

When you contact our customer service you may provide us with your name, email address, information on your request and optionally with your telephone number.

We collect and process this Personal Data to assist you with questions about products, delivery, billing or other issues.

The legal basis for processing this Personal Data is the performance of a contract or quasi-contract.

We retain this Personal Data for six years.

1.9 Transfer and Combination of Your Personal Data

We use the information from one of the GNC Outlets on or in other GNC Outlets or elsewhere in our network of stores, distribution channels, websites, apps, and other interactive features, or in reports and analysis, all of which are owned and operated or franchised by GNC, and we may combine information gathered from multiple GNC Outlets into a single customer record or analysis or report. We also use and/or combine information that we collect or receive from third party sources to enhance, expand, and check the accuracy of your customer records. This information is provided to data vendors for the purposes of administering the Loyalty Programs, fulfilling customer orders, and providing customer service.

The basis for the processing of your personal data is contract performance.

2. How Do We Share Your Personal Data:

We do not disclose any of your Personal Data collected by us to any companies except (a) to GNC’s parent, subsidiaries, or related entities or (b) to GNC franchisees or their parent, subsidiaries or related entities or (c) as otherwise disclosed in this Privacy Statement. In no event will we sell or rent your Personal Data as part of a customer list or similar transaction. When Personal Data is shared with a third party, that party is instructed to use your Personal Data only to the extent necessary to perform their contracted functions. They are instructed to maintain the security of your Personal Data. Where your Personal Data is transferred to third countries that do not provide for an adequate level of data protection, there are appropriate safeguards in place, namely a combination of standard contractual clauses and Privacy Shield. Please contact GDPRRequests@gnc-hq.com to obtain copies of these safeguards.

We may share your Personal Data with:

2.1 Our service providers

We share your Personal Data with the following data processors (i.e. service providers that help us to perform the above tasks):

• A contracted service provider (or an affiliate of a contracted service provider) in the administration or performance of any aspect of our business operation or GNC Outlets
• Advertisers or other companies with whom we have a marketing relationship in order to send you information/offers that we believe will be of interest to you based on your consent.
• Appropriate persons or entities in conjunction with fraud protection.

2.2 Other Recipients

We share your Personal Data with the following third parties that process your data for their own purposes (i.e. these third parties are no processors; they rather use your Personal Data because they have an own interest). We will inform you about such disclosures in case they are necessary:

• Payment processors such as PayPal.
• A delivery service (e.g. UPS, U.S. Postal Service) when a purchase or return is being shipped.
• Law enforcement or other agencies if we are required to do so by law, or by a warrant, subpoena or court order to disclose your Personal Data, or as otherwise required or admissible (e.g. for claims) by law.
• A business party in case of transactions of GNC assets, where permitted by law.
• Appropriate persons in emergency situations as we determine reasonably necessary to protect and defend our rights or property, you, or any of our other customers, employees, agents, or users.
• Appropriate persons or entities to assist in debt collection where you owe a debt to us.

3. Your Rights

If certain requirements are fulfilled, you have the following rights:

• Obtain from us confirmation as to whether or not we process Personal Data from you and, where that is the case, access to your Personal Data;
• Rectification of inaccurate Personal Data;
• Erasure of Personal Data;
• Objection to the processing of Personal Data;
• Restriction of processing of Personal Data; and
• Portability of Personal Data - receive the Personal Data you have provided to us in a structured, commonly used and machine-readable form and transmit those data it to another data controller.

Also, where our processing of your Personal Data is based on your consent, you may withdraw consent at any time for the future. Please note that withdrawing your consent will not affect the lawfulness of the processing before the withdrawal.

To make a Data Subject Rights Request, contact us via:

• e-mail: GDPRRequests@gnc-hq.com, or
• Post: GNC Live Well Ireland, Unit F3 Nutgrove Office Park, Rathfarnham, Dublin 14 Ireland

You may lodge a complaint with the competent supervisory authority if you think that the processing of Personal Data by us infringes data protection laws.

For additional information: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en

3.1 Cookies:

The GNC Websites and interactive features use cookies so that we (1) know who you are and (2) can personalize the GNC Websites according to your preferences.

3.1.1 What are cookies?

Cookies are text files that are downloaded to and stored on your device when you surf the internet (e.g. smartphone or computer), whenever you access a website. Cookies can store a variety of information.

There are basically two types of cookies:

Persistent cookies - these cookies are stored on your device until you delete it or until its lifespan expires.

Session cookies - these cookies are temporary and are deleted once you close your browser.

Cookies help to improve your user experience when using the GNC Outlets by remembering your preferences and providing you with relevant information. You can learn more about cookies at www.youronlinechoices.eu.

3.1.2 Categories of cookies

Strictly Necessary means the cookies are essential for the provision of the site and any requested services, e.g. purchases, but do not perform any additional or secondary function. If these cookies are enabled, not all functions are available and your website experience might be impaired.

Performance Cookies are those that provide statistical information on site usage, i.e. web analytics.

Functionality Cookies These cookies allow the provision of better functionality and personalization, as they store your preferences. If you enable these cookies, some or all of these functions may not work properly.

Targeting/Advertising Cookies are used to create profiles or personalize content, e.g. advertisement based on your interests.

3.1.3 How do we use cookies?

Any pages on the GNC Websites where you are prompted to log in or that are customizable require you to accept cookies. Cookies are also required in order for you to add multiple items to your shopping cart before checking out. You may set your Web browser to notify you when you receive a cookie. However, if you do not accept cookies from the GNC Websites, you will limit the functionality of the GNC Websites.

We may use various services of third parties to collect and use anonymous information about your visits to and interactions with the GNC Outlets through the use of technologies such as cookies to tailor advertisements for goods and services. Some of these advertisements will impact your experience on the GNC Websites and interactive features. To learn more, or to withdraw consent for receiving online display advertisements tailored to your interests by our third party partners, visit the Network Advertising Initiative at www.networkadvertising.org/choices.

Outside Links:

This Privacy Statement only applies to GNC Outlets. The GNC Websites, GNC Apps and GNC interactive features may include links to the websites of business partners, vendors and advertisers. These other sites and the information you submit to them are outside of our control. These websites may collect Personal Data about you and operate according to their own privacy practices, which may differ from those in this Privacy Statement. Consult that website's privacy policy for more information about their practices and policies.

3.1.4 Collection of Your Source IP Address/Location Data

We may collect and store location data about you associated with your account on or at a GNC Outlet or enable to be collected through certain of the GNC Outlets on your device.

We collect and process this Personal Data to improve product offerings or services in your area or in-store. Further, we use your location data specifically to:

• Personalize content on or in the GNC Outlets, including providing you reports, recommendations and feedback based on your preferences.
• Optimize or improve our products, services and operations.
• Perform statistical, demographic, and marketing analyses of users of the Website, App, and interactive communications and their purchasing patterns as well as targeted communication via our mobile devices.

The legal basis for the processing of this Personal Data is your consent.

We will retain this Personal Data for as long as you show interest in our services (e.g. by visiting our stores or using our apps) or until you withdraw your consent.

3.1.5 Google Analytics

We use Google Analytics, which is a web analytics service from Google Inc. Google Analytics drops a cookie on your device to recognize you on an anonymous basis, once you return to a specific website. Google uses the information received from the cookie to store a profile of the pages you have accessed within a session.

However, Google Analytics truncates your IP address by the last three digits prior to storage and further processing, so that you cannot be identified. Google acts as our external data processor and analyzes the data collected only on behalf of us. We use the data received from Google Analytics for our business planning, for our own business operations as well as for marketing activities in order to better understand how to improve the contents of our web-based services and the associated user experience.

You may refuse the collection of your data by this cookie by downloading and installing the following browser plug-in: https://tools.google.com/dlpage/gaoptout?hl=en

Further information on this cookie is available under https://policies.google.com/privacy?hl=en.

Assignment

We may change our ownership or corporate organization while providing the GNC Outlets. We may also sell certain assets associated with the GNC Outlets. As a result, please be aware that in such event we may transfer some or all of your Personal Data to a company acquiring all or part of our assets or to another company with which we have merged. Under such circumstances we would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Statement, as it may be amended from time to time. Nevertheless, we cannot promise that an acquiring company or the merged company will have the same privacy practices or treat your Personal Data the same as described in this Privacy Statement.

Policy Changes and Getting More Information; Our Local Representative in Europe

From time to time, we may modify or amend this Privacy Statement in order to comply with new laws or regulations or to reflect changes in our business practices. Any changes in our policies will be communicated on this page. We may also post a notice on or in the relevant GNC Outlets or send an email describing any changes.

If you have any questions about our handling of Personal Information, you may e-mail us at: GDPRRequests@gnc-hq.com, call us toll-free at +1(888)462-2548 or send correspondence to:

GNC
Customer Service
300 Sixth Avenue
Pittsburgh, PA 15222

If you wish, you can also reach our Local Representative in Europe at: GNC Live Well Ireland, Unit F3 Nutgrove Office Park, Rathfarnham, Dublin 14 Ireland

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