Gx 2.0

This page explains the terms for using Gatorade’s (“Gatorade,” “we,” or “us”), Gx mobile application, and any other software provided on or in connection with the Gatorade Gx services including Mobile Software, and App-Store-Sourced Software (the “Service”), so please read these terms of use (this “Agreement”) carefully before using the Service. If you have any questions, feel free to contact us at https://contact.pepsico.com/gatorade/contact-us

Please read the Agreement carefully before using the Service. By accessing or using the Service, you agree to be bound by this Agreement and by our Privacy Policy whether or not you are a registered user of our Service. If you do not agree to all the terms and conditions of this Agreement, you shouldn’t and aren’t permitted to use the Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. YOU HAVE THE RIGHT TO OPT OUT OF THESE PROVISIONS AS FURTHER DESCRIBED BELOW.

A. Eligibility

This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under thirteen (13) is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Gatorade.

B. Gatorade Account

Your Gatorade account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You are not allowed to provide a third party access to your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Gatorade immediately of any breach of security or unauthorized use of your account. Gatorade will not be liable for any losses caused by any unauthorized use of your account.

You may control your User profile and how you interact with the Service by changing the settings in your profile settings page. By providing Gatorade your email address, you consent to receiving any notices required by law, in lieu of communication by postal mail.

You may delete your account within the app or have your account deleted by contacting our Consumer Response team directly at 1-800-884-2867 or visiting https://contact.pepsico.com/gatorade/contact-us

C. Changes to/Termination of Service; Termination of Your Account

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

A. Gatorade Service

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Gatorade reserves all rights not expressly granted herein in the Service and the Gatorade Content (as defined below). Gatorade may terminate this license at any time for any reason or no reason.

B. Mobile Software

We make software available to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Service. Gatorade does not warrant that the Mobile Software will be compatible with your mobile device. Gatorade hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Gatorade account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software or use the Mobile Software to develop a competing product, except to the extent that such restrictions are expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Gatorade may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA , if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Gatorade or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Gatorade reserves all rights not expressly granted under this Agreement. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service.

Except for your information you provide via the Service, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, and videos, (the “Gatorade Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Gatorade and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement will be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Gatorade Content. Use of the Gatorade Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United States.

If you choose to opt in upon signup, Gatorade will use your email to send you marketing communications. You can discontinue these emails at any time by unsubscribing.

You may delete your account within the app or you may have your account deleted by contacting our Consumer Response team directly at 1-800-884-2867 or visiting https://contact.pepsico.com/gatorade/contact-us

For further information, please see our Privacy Policy.

Gatorade cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

You agree to defend, indemnify and hold harmless Gatorade and its subsidiaries, agents, representatives, partners, contributors, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; or (v) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GATORADE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, GATORADE, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

YOU EXPRESSLY AGREE THAT WE ARE NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES, INCLUDING ALL TEXT, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY OTHER ACCOUNT HOLDERS OR THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (a) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, (b) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (c) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. SHOULD YOU HAVE ANY HEALTH RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE TRANSMISSION AND RECEIPT OF OUR CONTENT, IN WHOLE OR IN PART, OR COMMUNICATION VIA THE INTERNET, E-MAIL OR OTHER MEANS DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND GATORADE.

YOU EXPRESSLY AGREE THAT YOUR ATHLETIC ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, FOLLOWING A GATORADE SUGGESTED TRAINING ACTIVITY OR PLAN OFFERED ON THE SERVICES) CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF GATORADEOR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS.

YOU EXPRESSLY AGREE TO RELEASE GATORADE, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS, CONTRIBUTORS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR ATHLETIC ACTIVITIES AND/OR USE OF THE GATORADE WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL GATORADE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING HOSTED SITES).

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

The Service is controlled and operated from facilities in the United States. Gatorade makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

A. Arbitration

For any dispute you have with Gatorade, you agree to first contact us at https://contact.pepsico.com/gatorade/contact-us and attempt to resolve the dispute with us informally. In the unlikely event that Gatorade has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to your use of the Services or this Agreement or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND GATORADE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

Thirty-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration- and class-action-waiver provisions set forth in this section by sending written notice of your decision to opt out to the following address, The Gatorade Company, Attn: Gatorade Counsel, 433 W. Van Buren - 3rd Floor, Chicago, IL 60607. The notice must be sent within 30 days of registering to use the Services; otherwise, you shall be bound to arbitrate disputes in accordance with these Terms. If you opt out of these arbitration provisions, Gatorade also will not be bound by them. In addition, if you elect to opt out of these arbitration provisions, Gatorade may terminate your use of the Services.

B. Governing Law

You agree that: (i) the Service will be deemed solely based in Illinois; and (ii) the Service will be deemed a passive host that does not give rise to personal jurisdiction over Gatorade, either specific or general, in jurisdictions other than Illinois. This Agreement will be governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Illinois or the United States District Court for the District of Illinois, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.

A. Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gatorade without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

B. Changes to the Agreement

Gatorade may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ’last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree the terms of this Agreement or any future Terms of Use, do not use or access (or continue to access) the Service. Gatorade is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.

C. Entire Agreement/Severability

This Agreement, together with any amendments and any additional agreements you may enter into with Gatorade in connection with the Service, will constitute the entire agreement between you and Gatorade concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of this Agreement, which will remain in full force and effect. Headings are included for convenience only and will not be considered in interpreting this Agreement. For the avoidance of doubt, as used in this Agreement, the word including means including but not limited to.

D. No Waiver

No waiver of any term of this Agreement will be deemed a further or continuing waiver of such term or any other term, and Gatorade’s failure to assert any right or provision under this Agreement will not constitute a waiver of such right or provision.

Please contact us at https://contact.pepsico.com/gatorade/contact-us with any questions regarding this Agreement.

This Agreement was last modified on June 3, 2022

Effective Date: June 3, 2022; Last Updated: June 3, 2022

It is our aim through this GATORADE GX UNITED STATES PRIVACY POLICY (“Policy”) to explain what information we collect about you and why we collect that information. We also want to make sure you understand how we use and share your information and the choices available to you. Our goal is to earn and keep your trust as you visit websites and applications about our products and brands.

This Policy describes how we treat personal information on websites (“sites”), mobile or social media applications (“apps”), and any other services where we include an authorized link or reference to this Policy (together, the “Services”). This Policy does not describe our practices on sites or apps where it is not referenced.

Your use of our apps and sites indicates you agree to our collection, use, and sharing of your information as set forth in this Policy.

What Information Do We Collect?

We collect identifiers and contact information. For example, we may collect your name and street address if you register on our site. We may also collect your phone number or email address. We also collect online identifiers. For example, if you contact us through a social media site, we may collect your social media user identifier.

We collect payment information. If you make purchases with us, we (or our business partners who process credit cards for us) may collect your billing information. This includes your credit card number.

We collect information you submit or otherwise provide or authorize us to collect. We collect the information you post in a public space on our site. This includes comments and videos or photos. We also collect any other information you may provide to us or authorize us to collect. For example, this includes information you submit about your height, weight, age and/or location in order to have the app provide you more personal recommendations. In addition if you submit a picture of your sweat patch we will analyze that picture to determine certain information about your sweat rate and the chloride concentration of your sweat. We use this information and other information about you and your workouts to provide personalized exercise and nutrition recommendations.

We collect information from connected devices and Apps. We collect information from devices and apps you connect to our application and information from those devices will be passed along to us. We will treat the information we receive from those devices in accordance with this Privacy Policy.

We collect demographic information, including protected classifications, and interests. We may collect information such as your gender and age, household or lifestyle information, and your zip code.

We collect internet and electronic network activity information, such as device and usage information. We may collect information about the browser you are using, and we may look at what site you came from, or what site you visit when you leave us. We may also collect information about your operating system, ISP information and IP addresses and other device identifiers, such as mobile device identifiers. In addition, we may collect information about your use of our Services, including through use of tracking technologies such as cookies, pixel tags, and Flash Cookies. For additional information, please visit our About Our Ads policy here.

We collect geolocation information. Using technologies such as GPS or Wi-Fi, we may collect information about your location. For example, if you use our mobile apps, we may access your device’s location information to provide you location-enabled features.

We collect information about third parties. From time to time, we may allow you to send an email or message to a friend through one of our sites or apps. If you choose to do this, we will need that person’s name and email address.

How Do We Collect Information?

We collect information directly from you. We collect information from you when you:

• make a purchase with us;

• register on one of our sites or apps;

• sign up for our email newsletters and other notifications;

• participate in promotions such as sweepstakes or contests;

• fill out a survey;

• contact us through our sites and apps; and

• otherwise provide it to us or authorize us to collect it, including by connecting other devices or apps to our app

We collect information from you through tracking tools. We use tracking tools like browser cookies and mobile device IDs to collect information when you use the Services. We do this on our websites, in emails that we send to you, and in media advertising. We collect information about usage and browser information over time. You may learn more about the choices that may be available to you by visiting our About Our Ads policy here.

Third parties may also share information about you with us. For example, our business partners may give us information about you. We may receive information from commercial sources such as companies who compile information about shoppers and their preferences. Social media platforms may also give us information about you, and we may get information about your interactions with our ads on third-party sites.

We combine information from different sources. For example, we may combine information we have collected offline with information we collect online. We combine information we have collected across third-party sites, including social media sites. We combine information across devices such as computers and mobile devices. We may also combine information from third parties with information we already have.

How Do We Use the Information We Collect?

We use information to help us effectively provide you products and services. We use your information to respond to your questions or enable you to participate in our programs. This may include sweepstakes or contests. We also may use your information to process your registration with sites and apps. We may use your friends’ email addresses to send them information that you requested we send them. We also use your information to process orders for you. We may also contact you about products and services you have requested, or if you have won a prize or promotion.

We use information to improve our products and services. One of our goals is that you have a positive experience with our sites, apps, and products. Therefore, we may use your information to improve your experience with our sites, apps, and products. We may use information you provide or that third-party partners give us to personalize your experience.

We use information for security purposes. We may use your information to help protect you, our sites and apps, our company, our customers, and our consumers.

We use information for marketing purposes. For example, we might send you information about products, offers, features, or updates. We might also use your information to serve you ads about products and offers. Those ads may appear on third-party platforms which may include social media. These might be our own offers or products, or third-party offers or products we think you might find interesting. We may provide you with information through email or push notifications.

We use information to get feedback from you about how we’re doing and for other transactional purposes. We may contact you about this Policy or the Terms of Use posted to the sites or apps you are using. We may also communicate with you about a job application or your questions about our products or promotions.

We may aggregate the information you and others make available in site or app. We may anonymized aggregate information, including, but not limited to, about the usage of the app, demographics, data submitted by you and others to the app, and measurements made by the app. We may use, sell, license, and share this anonymized aggregated information with third parties for research, business or other purposes such as to improve the understanding of sports nutrition throughout the athletic community.

We use information as the law allows us or as we may notify you.

How Do We Share Your Information?

We share information within the PepsiCo family of companies and brands. This includes current and future PepsiCo subsidiaries, affiliates, and joint venture partners. This also includes current brands such as Pepsi, Frito-Lay, Gatorade, Quaker, and Tropicana; and all future brands. For a list of PepsiCo brands, visit http://www.pepsico.com/brands/product-information. We may also share information with third parties with which we have an ownership interest or commercial relationship, such as companies whose products we distribute.

We share information with our business partners and third-party vendors. For example, we may share information with joint promotion partners. If you register for a joint promotion, your information may be collected by both us and the third party. This might include retailers. Your information will be used by us as described in this Policy and by promotion partners as described in their policies. We may also share information with companies who serve as our vendors or third parties who perform services on our behalf. They may help us deliver products or services to you. We may share information with companies who operate our sites and apps or who run our promotions.

We will share information if we think we must in order to comply with the law or to protect our company. For example, we will share information to respond to a court order or subpoena. We may share information if a government agency or investigatory body requests it. This includes United States and non-United States law enforcement or regulatory authorities. We may also share information to help protect you, our sites and apps, our company, our customers, and our consumers. We may also share information if we are investigating potential fraud.

Third parties may collect information when you use the Services. Third parties that provide advertising, content, and/or functionality to our Services may collect information from these Services through tracking tools like browser cookies and mobile device IDs. For example, third-party advertisers may have a presence on some of our Services, and this information may be collected over time and combined with information collected across different websites and online services. You may learn more and see information about choices available to you by visiting our About Our Ads policy here.

We may share information with any successor to all or part of our business. For example, if part of our business is sold, or is involved in a merger, consolidation, asset sale, or in the unlikely event of bankruptcy, we may include your information as part of that transaction.

If there are additional reasons we may share information, we will describe those to you.

You Have Certain Choices About How We Use Your Information

You can opt out of email marketing. To stop receiving promotional emails from us, follow the instructions in any promotional email message you get from us. If you opt out of getting marketing email messages, you may continue to receive non-marketing email messages from us where permitted by law.

You can control cookies and tracking tools. To learn how to manage how we and our vendors use cookies and other tracking tools, and to read our About Our Ads policy, please click here.

Do-Not-Track Signals and Similar Mechanisms. Some web browsers transmit "do-not-track" signals to websites. Because the standards for these signals are still under development, we currently do not take action in response to these signals.

You can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone. To modify the push notifications you get from our app, you can alter your preferences in your profile.

You may have other choices under state laws. Depending on where you live, you may have certain additional rights, such as the right to request access to your personal information, or to request deletion of your personal information.

Requests should be submitted as set out in the “Feel Free to Contact Us If You Have More Questions” section of this Privacy Policy. These rights are not absolute, and we will respond to all requests we receive in accordance with applicable laws. The Your California Rights section below provides additional information for California residents.

Children's Privacy

It is not our intention to collect personal information from children under age 13. If you are a parent or legal guardian and think that your child under 13 has given us information, you can contact us at https://contact.pepsico.com/gatorade/contact-us and we will take appropriate steps. You can also write to us at the address listed below. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children’s privacy online here.

Security Measures

We use various technical and organizational mechanisms to secure our websites and apps. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be perfectly secure.

Our Services Are Intended for a United States Audience

If you are outside of the United States, please visit the site designated for you. You can find it by going here. If you live outside of the United States and choose to use this site or app, you understand that it is at your own risk. You also understand that your information will be sent to and stored in the United States. The United States may not afford the same level of protection as laws in your own country.

We May Link to Other Sites or Apps or Have Third Party Services and Tools on Our Platform We Don't Control

We may link to or allow you to access the Services from third-party websites or platforms. Our sites and apps may also include third-party content that collects information. Third party content may include tools like cookies and tracking technologies. These third parties may use your information for their own purposes. This may include behavioral advertising and analytic purposes. We do not control these third parties or their use of these technologies, so please read their privacy policies carefully.

Feel Free to Contact Us If You Have More Questions

If you have questions about this Policy or our data practices or if you would like to submit a request, please click on the “General question” box located at https://contact.pepsico.com/gatorade/contact-us to submit your question. You can also write to us or call at:

PepsiCo, Inc.

Attn: Consumer Relations

700 Anderson Hill Road

Purchase, NY 10577

1-800-433-2652

For California residents only: If you would like to exercise your rights under the California Consumer Privacy Act (CCPA), you have two options for doing so:

• Call Us: You may call us at our toll-free number, 1-800-833-548-0119; or

• Submit Through Our Portal: You may submit your request through our secure web portal, which may be accessed by clicking on this link: http://mydata.pepsico.com

We May Update This Policy

From time to time, we may change this Policy. When we do, we will notify you of any material changes as required by law. This will include posting an updated copy here and updating the “Last Updated” date. Please check periodically for updates.

Your California Rights

California “Shine the Light” Law

If you reside in California, you have the right to ask us one time per year for information about our disclosure, if any, of personal information to third parties for their direct marketing purposes in the preceding calendar year. To make a request, please contact us at

https://contact.pepsico.com/gatorade/contact-us or write to us at the address listed above. Indicate in your letter that you are a California resident making a “Shine the Light” inquiry. We reserve our right not to respond to requests submitted other than by the means specified in this section, if the request is not labeled or sent properly, or if the request does not have complete information.

California Consumer Privacy Act (CCPA)

We have tried to explain our privacy practices in full in the other sections of this Privacy Policy. In this section, we provide a list of categories of personal information as set forth in the CCPA that have been collected, disclosed for business purposes, or sold for commercial purposes (as defined by the CCPA) during the preceding 12 months, as well as certain other information. Please see the other sections of the Privacy Policy for additional information and context.

Identifiers, such as your name, street address, phone number, IP address, or email address. — We may use this information to respond to your questions, to enable you to participate in our programs (including sweepstakes or contests), to process your registration with sites and apps, and for other business purposes.

Commercial information, such as a record of your purchases. — We may use your information to provide you with products, to identity other products and offers that may be relevant to you, and for other business purposes

Biometric information, such as voice recordings, images, and information about your physical activities that you provide. — We use this information to provide you products and the Services and for our other business purposes, such as when we capture voice recordings as part of our customer support.

Internet and electronic network activity information, such as information about your interactions with our Services. — We may use this information to improve our Services, to better understand the visitors who come to our Services and what content is of interest to them, and for other business purposes.

Precise geographic location information, using technologies such as GPS or Wi-Fi. — We may use this information to improve the quality, security, and relevance of our Services to our visitors and for other business purposes.

Other electronic information, including information you post in a public space on our site (such as videos or photos). — We may use this information to provide the services you ask for on our Services, as part of sweepstakes or other competitions, and for other business purposes.

Inferences about you. — We may use this information to personalize your experience with us, and for other business purposes.

Characteristics of protected classifications under California or federal law, such as your gender. — We may use this information for our equal employment opportunity program, and for other business purposes.

For job applicants, professional and employment-related information. — We may use this information to assess candidacies for potential employment with us, and for other business purposes.

For job applicants, education information. — We may use this information to assess candidacies for potential employment with us, and for other business purposes.

As discussed in the other sections of our Privacy Policy, we collect this type of information from you, through our interactions with you and others, and from third parties, and we disclose these categories of personal information within the PepsiCo family of companies and brands, to business partners and third-party vendors that provide us hosting, advertising, and other services, and as needed to comply with legal process. Your personal information may also be shared with third parties with whom you interact and third parties that you direct us to share your information with through our Services.

We share personal information with third parties in various ways as described elsewhere in this Policy. We do not consider the ways we share your personal information to comprise the sale of your information. You may learn about ways in which you can control the collection of information about you through cookies, mobile ad IDs, and other tracking tools by third parties by visiting our About Our Ads policy here.

Information about how you may exercise your rights as a California resident can be found in the “Feel Free to Contact Us If You Have More Questions” section of our Privacy Policy.

We may verify your request by asking you to provide information sufficient to confirm your identity. If you would like to use an agent registered with the California Secretary of State to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. Subject to applicable law, you may have a right not to be discriminated against for exercising your rights over your personal information.