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The General Data Protection Regulation (“GDPR”) and other European privacy laws provide individuals located within the European Union (i.e., data subjects) with specific rights regarding Personal Data. This EU Privacy Notice has been compiled to assist you (“you,” “your,” or “User”) to understand how NewAge Industries (“we”, “our,” “us,” or “NewAge”), and our affiliates and subsidiaries, collect, use and disclose your Personal Data.

This EU Privacy Notice describes our practices in connection with information that we collect under the GDPR and the EU-US Privacy Framework (“Privacy Framework”) through your use of the NewAge website (the “Site”) and the NewAge official social media pages that we control (our “Social Media Pages”), as well as through email messages that we send to you (collectively, the Social Media Pages, and Site, the “Sites”). Additionally, this Privacy Notice describes your privacy rights and how to exercise those rights.

For our general Privacy Notice, please click here. NewAge is subject to the authority of the Federal Trade Commission as a self-certifying entity under the EU-US Privacy Framework.

Notice of Data Collection

We collect the following categories of personal information when you interact with us: identifiers/contact information, business information, geolocation data, and inferences drawn from the data collection. This information is collected to provide our services to your business.

We may also collect personal information about you if you are interested in becoming employed by NewAge. A more detailed description of the categories of data and the legal purpose for collection of that data is located in our Privacy Policy under “Use of Your Information” section of NewAge’s Privacy Policy. If you are a prospective employee, NewAge will provide you with a separate Employee Privacy Notice that explains how we collect, use, store, and share your data.

Data Privacy Framework

NewAge complies with the Privacy Framework as set forth by the U.S. Department of Commerce. NewAge has certified under the Privacy Framework that it adheres to the EU-U.S. Data Privacy Framework Principles (Privacy Framework Principles) with regard to the processing of personal data received from the European Union for any sales and/or employment. If there is a conflict between the terms in this privacy policy and the Privacy Framework Principles, the Privacy Framework Principles shall govern. To learn more about the Data Privacy Framework (DPF) Program, and to view our certification, please visit the website: dataprivacyframework.gov.

European Data Protection Authority

In compliance with the Privacy Framework, NewAge commits to cooperate and comply with the advice of the panel established by the Dutch Data Protection Authorities (“DPA”) with regard to unresolved complaints concerning our handling of human resources data received in reliance on the Privacy Framework within the context of the employment relationship. Click here to find out more and/or to contact the Dutch DPA.

Privacy Rights

EU Data Rights

If you are an employee or user in the EU, you have the following rights with respect to our handling of your Personal Data.

  1. Right of access

    Data subjects can request details of their personal data, including its source, automated decision-making, and whether it has been transferred to a third country. The controller must provide a copy of the data in a commonly used electronic form, and may charge a reasonable fee for additional copies.

  2. Right of correction

    Data subjects can request that incorrect or incomplete personal information be edited or updated.

  3. Right to be forgotten

    Data subjects can request that their personal information be deleted in certain circumstances.

  4. Right to restrict processing

    Data subjects can request that the processing of their personal information be limited in certain circumstances.

  5. Right to data portability

    Data subjects can obtain and reuse their personal data for their own purposes across different services. This includes receiving their data in a structured, commonly used, and machine readable format, and likewise requesting that a controller transmit it directly to another controller.

  6. Right to withdraw consent

    Data subjects have the right to withdraw their consent to the processing of their personal data at any time. The withdrawal should be as easy as consenting, and the lawfulness of processing carried out before its withdrawal is unaffected.

    Users in the EU also have the right to file a complaint relating to our handling of your Personal Data with the National Supervisory Authorities. The organization’s contact information can be found at https://edpb.europa.eu/about-edpb/board/members_en.

You may also submit questions, comments, or complaints to us at the address below.

Exercising Your Data Rights

To exercise the data rights described above, please submit a request to us by contacting us at: info@newageindustries.com.

Only you or a person authorized to act on your behalf may initiate a request related to your Personal Data. You may also make a request on behalf of your minor child.

Please be advised that we cannot respond to your request or provide you with your Personal Data if we cannot verify your identity or authority to make the request and correspondingly confirm the Personal Data relates to you. Making a data rights request does not require you to create an account with us. We will only use Personal Data provided in a data request to verify the requestor’s identity or authority to make such a request.

Access, Choice, Recourse, Enforcement, and Liability

As explained above, you have the right to access the Personal Data NewAge holds about you. If the Personal Data is inaccurate or processed in violation of the Data Privacy Framework Principles, you may request that Personal Data be corrected, amended, or deleted.

You have the right to opt-out of:

  • Disclosures of your Personal Data to third-parties not identified at the time of collection or subsequently authorized; and/or
  • Uses of Personal Data for purposes materially different from those disclosed at the time of collection or subsequently authorized.

NewAge, or one of its recruitment agents, is responsible for informing You of these rights.

NewAge’s participation in any frameworks are subject to investigation and enforcement by the Federal Trade Commission (“FTC”) under its certification to the Privacy Framework. NewAge agrees to periodically review and verify any compliance and to remedy any issues arising out of failure to comply.

Right to Arbitration

Under certain conditions, You may be able to invoke your right to binding arbitration related to an alleged or yet to be proven violation by NewAge of its obligations under the Privacy Framework. Under the Privacy Framework, NewAge is obligated to arbitrate claims and follow the terms as set forth in Annex I of the Privacy Framework Principles, provided that an individual has invoked binding arbitration by delivering notice to NewAge and following the procedures and subject to conditions set forth in Annex I of Privacy Framework Principles.You can find Annex I of the Privacy Framework Principles HERE.

Accountability for Onward Transfer

In the event NewAge transfers Personal Data covered by this Privacy Policy to a third-party acting as a controller, we will do so consistent with any notice provided to you and any consent you have given, and only if the third-party has given NewAge contractual assurances that it will fulfill the following:

  • Process the Personal Data for limited and specified purposes consistent with any consent provided by you;
  • Provide at least the same level of protection and notify NewAge if it makes a determination that it cannot do so; and
  • Remediate if it makes such a determination.

If NewAge becomes aware that a third-party acting as a controller is processing Personal Data covered by this Privacy Policy in a way that is contrary to the Privacy Framework Principles, NewAge will take reasonable steps to prevent such processing.

Disclosures and Transfers

We do not disclose an individual’s personal data to third-parties, except when one or more of the following conditions is true:

  • The third-party is part of NewAge.
  • We have your permission to make the disclosure.
  • The disclosure is required by lawful request by public authorities, including to carry out national security or law enforcement requirements.
  • The disclosure is required by law or mandatory professional standards.
  • The disclosure is reasonably related to the sale or other disposition of all or part of our business.
  • The information in question is publicly available.
  • The disclosure is reasonably necessary for the establishment of legal claims.
  • The disclosure is reasonably necessary and/or required to fulfill our business relationship with you. The business relationship can either be as a prospective employee, current employee, terminated employee, or customer.

How to Contact NewAge

To make a request pursuant to any of the above-referenced rights including access or deletion, please email info@newageindustries.com. In order to complete a request, NewAge may need to verify your identity. We will send you a link to verify your email address and may request additional documentation or information solely for the purpose of verifying your identity.

You may also write to us at:

EU/US Privacy Framework
NewAge Industries
℅ Josh Fredericks
145 James Way
Southampton, PA 18966

Please be advised that we will respond to a request within thirty (30) days of receipt, or notify you that we require more time to respond and the corresponding reason for the extended response time. In addition, we will deliver our written response by mail or electronically, depending on the method you originally contacted NewAge.

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