Privacy policy - Theobroma Chocolat

THEOBROMA CHOCOLAT PRIVACY NOTICE

We value our relationship with you and take your privacy seriously. The purpose of this Privacy Notice is to identify how we may process, collect, store, disclose, share and use your personal information that we collect from you or from
others in connection with your use of our website (www.theobromachocolat.com) and dependent pages (the “Site”), or your purchase or use of products, webinars, content or other services from us (collectively, our “Products and
Services”). California residents may access the Notice of Collection of Personal Information and Privacy Policy with information and rights required by the California Consumer Privacy Act (CCPA) through the link here. Theobroma
Chocolat (“Theobroma” or the “Company”) is committed to maintaining the privacy and security of your personal information in compliance with all applicable laws and our policy.

We may update this Privacy Notice at any time, by posting the amended version on this Site including the effective date of the updated version. We may also provide other privacy notices on specific occasions when we are collecting your
personal information in ways that materially differ from what we have described here, so that you are aware of how and why we are collecting and using such information. By accessing the Site after we make such changes to this Privacy
Notice, you are deemed to have accepted such changes.
This Privacy Notice contains the following information, which you can access by scrolling down:

1. The personal information we collect about you
2. How we may use personal information about you
3. Who we may share your personal information with
4. How we safeguard your personal information
5. How long we store your personal information
6. Your options regarding your personal information
7. Our policy on children’s information
8. Links to other websites and services
9. How to contact us with questions about our use of your personal information

1 – THE INFORMATION WE COLLECT ABOUT YOU

What is personal information?

For purposes of this Privacy Notice, we refer to personal information according to the following definition: “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or
could reasonably be linked, directly or indirectly, with an identifiable individual or household. Personal information does not include publicly available information or information that is de-identified or aggregate consumer information.
We collect personal information from you both when you provide it voluntarily and also automatically when you use our Site. By accessing our website or social media pages, submitting personal information to us, or purchasing our
products or using our online services, you consent to the collection, use, sharing and disclosure of such information as set forth in this Privacy Notice, as it may be updated from time to time.
We collect personal information that you voluntarily provide to us when you: use our Site, communicate with us, make a purchase, use our services, provide us information, engage or connect with us through one of our social media pages,
update or add information to your account, chat with a customer support specialist, or when you otherwise correspond with us.
In addition, we also automatically collect personal information about you in connection with your usage of our Site, including from third party marketers and e-commerce platforms that monitor usage of our Site.
For more information about the types of your personal information we may use, see the descriptions below.

Types of Personal Information We Collect

We may collect and use the following types of personal information in connection with your use of our Products or Services:

• Personal contact details, such as name, mailing addresses, telephone numbers, and personal email addresses
• Date of birth
• Gender
• Social media account information
• Account preferences and history
• Financial information, such as credit card or debit card numbers
• Geolocation information
• Device/browser type or identification
• Your IP address, your browsing history, and your page views

We never request or require you to provide any of the following sensitive categories of data, but through our chat services and customer services interactions, we know that sometimes customers and users of the Products and Services
choose on their own to voluntarily share the following kinds of personal information with us:

• Sensitive information about your age, race, gender or ethnicity, religious beliefs, sexual orientation and political opinions
• Sensitive information about your health or diet, including any medical conditions, diagnoses and/or injuries

Automated Collection of Personal Information

In addition to personal information you choose to provide us, we and our third-party service providers may use a variety of technologies to automatically collect certain usage information whenever you visit or interact with the Site. This
information may include information we automatically called as you browse the Site, including your IP address, device type or client/user identifier, browser type/identifier, operating system, pages visited, and other similar information.
• Cookies: Our Site use “cookies” and similar technologies. Cookies are small text files sent by your computer or device each time you visit our Site, which are unique to your browser or device. Cookies make web surfing and browsing
easier for you by saving your preferences so that we can use these to improve your next visit to our Site. Cookies help us learn which areas of our Site are useful and which areas need improvement. We use information from cookies
and tracking technologies (e.g., pixels, web beacons) in order to improve and customize your browsing experience, for analytics and metrics about your visits to our Site (e.g. the information concerning the length of your visit to our Site,
where your visit originated from) and for marketing our products to you. Other cookies are necessary for the Site to function properly or enhance the Site’s performance and functionality. By using our Site, you consent to the use of all
cookies and tracking technologies. You can choose whether to accept cookies by changing the settings on your browser. Please consult your Internet browser’s documentation for information on how to do this. However, if you choose
not to accept essential or functional cookies, the Site may not function properly and some features may not work as they were intended. When we use cookies or other similar technologies, we may set the cookies ourselves or ask third
parties to do so to help us. For example, our ecommerce and web hosting provider may collect information concerning your website usage through cookies.
Cookies we use may be either persistent or temporary (or session) cookies. A persistent cookie retains user preferences for a particular website allowing those preferences to be used in future browsing sessions and remains valid until
its set expiration date (unless deleted by the user before the expiry date). A temporary cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

• Tracking Technologies, such as Pixels, Beacons: We or third parties may use pixels or beacons on the Site to count how many users visit certain pages or content, and for analytics and metrics about your visits to the Site.

• We may use this automated collection of personal information to improve our marketing programs and content, and to target advertisements to you. We do not control and are not responsible for third party tracking technologies that
may be used on our Site. Such third parties may serve you content based on tracking you across different websites. You consent to potentially encountering third party tracking technologies when you use our Site.

2 – HOW WE MAY USE INFORMATION ABOUT YOU

We will only use your personal information for the purposes identified below, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose described here. If we need to
use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so consistent with applicable law.
Some of your personal information, such as a way to identify you, is necessary to enter into our Terms of Use or other agreement we have with you. The provision of all other personal information is voluntary, but may be necessary in order
to use our Products or Services, such as registering and viewing a webinar or receiving support and customer service through customer support chat.
In general, your personal information may be used for the following purposes:

• In connection with our provision of Services or Products to you, which may include the following:

o Managing and fulfilling your orders
o Providing webinars
o Providing programs and courses
o Payment processing and account management
o Providing customer support and responding to your questions or comments
o Operating and improving our Services

• For us to comply with our legal obligations, including assessing compliance with our regulatory requirements (e.g., using customer order information in the aggregate, including revenues generated in connection with our regulatory tax
requirements).

• For our other legitimate interests to make available and highlight content and opportunities that are relevant to you, improve our Services or Products, maintain our relationship with you, and protect users of our Services or Products
and customers. We both benefit when we use your information to:

o Improve our Services or Products
o Offer new Services or Products
o Decide which ads to show you by showing you those that “match” your past viewing, browsing and shopping activity. Many advertising services collect and use data from your web and mobile app activity both on and off the Services
to help show you ads that are more targeted to your interests
o Contact you via email or postal mail in order to offer you coupons, discounts and special promotions, poll your opinions through surveys or questionnaires and inform you about our Services or Products, as authorized by applicable
law
o Deliver targeted marketing, service updates, and promotional offers
o Contact you regarding your account or an order, to troubleshoot problems with your account or an order, to resolve a dispute, to collect fees or monies owed or as otherwise necessary to provide you customer service
o Monitor and improve the information security of our websites
o Keeping our Services safe, secure and operational
o Prevent, detect, mitigate, and investigate fraud, security breaches or other potentially prohibited or illegal activities
o Fulfill the purpose for which you provided the personal information
o Conduct analytics on who is using the Services and what they are doing. For example, by reviewing how often people read certain content, we can learn and understand which content is most valuable and helpful to you and others
o Use your geo-location to provide location based Services or advertising
o We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use our Services and other websites, apps or online services, based on
information relating to your access and use of our Services and other websites, apps and services on any of your devices, as well as information received from third parties. To do so, these companies may place or recognize a unique
cookie on your browser (including through the use of pixel tags). They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone
and a laptop.

Do Not Track Signals. We do not presently respond to browser ‘do not track’ requests. We do not control and are not responsible for third party tracking technologies that may be used on our Site. Such third parties may serve you content
based on tracking you across different websites. You consent to potentially encountering third party tracking technologies when you use our Site.

3 – WHO WE MAY SHARE YOUR PERSONAL INFORMATION WITH

In connection with our services, we may share your personal information with the following types of recipients:

• Our service providers, who we engage to help us run our business and perform the Services, including:
o Software and Information Technology service providers we use to manage and process your information (e.g., payment processing software)
o Software and Information Technology providers we use to communicate with you (e.g., e-mail marketing service providers)
o Marketing and Advertising providers we use to assist us in providing personalized advertising
o Ecommerce platforms that assist us with processing your orders
o Shipping providers for purposes of shipping products you have ordered
• Internally, among different departments and with our investors and trusted advisors
Additionally, we will share your personal information with third parties where required by law, where it is necessary in connection with our Products or Services or where we have another legitimate interest in doing so.
If we are subject to a merger or acquisition with/by another company, we may share information with them in connection with the transaction. Should such an event occur, we will require that the new combined or acquiring entity follow
this Privacy Notice with respect to your personal information.

4 – HOW WE SAFEGUARD YOUR PERSONAL INFORMATION

We have put in place appropriate security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. In addition, we limit access to your personal information to those employees, agents, contractors and
other third parties who have a business need to know. Other than third parties with whom we share personal information in connection with our performance of Services, third parties we engage in our business who may have access to your
personal information will only process your personal information on our instructions and they are required to only use your data as necessary to perform their contract with us.

5 – HOW LONG WE STORE YOUR PERSONAL INFORMATION

We may store your personal information following completion of transactions with you to the extent required to comply with our legal, accounting, or reporting requirements and to provide information about our Services (such as your
order history) requested by you. Additionally, we may continue to store your personal information contained in our standard back-ups.

6 – YOUR OPTIONS REGARDING YOUR PERSONAL INFORMATION

You have choices about how we use your personal information to communicate with you and send you marketing information. You can opt out from receiving future marketing communications from us at any time by:

• Using the unsubscribe function in the email or marketing information you receive from us; or
• Contacting us as set forth under “How to contact us” below.

In addition, you have choices available to you through the device or browser you use to access the Services regarding your cookies and other browser settings.

7 – OUR POLICY ON CHILDREN’S INFORMATION

Our Site is not intended for use by children under 13 years of age. No one under age 13 may provide any information to us through the Site. We do not knowingly collect or use personal information from children under 13. If you are under
13, do not access, use or provide any information on the Site or on or through any of its features. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete
that information. If you believe we might have any information from or about a child under 13, please contact us. We do not sell any personal information, including the personal information of minors under 13 years of age.

8 – LINKS TO OTHER WEBSITES AND SERVICES

The Site may have links to other websites that are not operated by us. We have no control over how these websites may collect your information and no liability for the practices, policies and security measures implemented on these
websites. You should read the privacy notices on those other websites before you submit your information through them.

9 – HOW TO CONTACT US

If you have any questions or concerns about our use of your personal information, please do not hesitate to contact us through any of the methods listed below. If you have a complaint or concern about how we are using your personal
information, then we will work to address such concern(s).

Mail:

Theobroma Chocolat
140 Rue de Rotterdam
Saint-Augustin-de-Desmaures, QC
G3A 1T3
Email: infos@theobromachocolat.com
Effective as of May 13, 2022
Last Updated: May 13, 2022

THEOBROMA CHOCOLAT NOTICE OF COLLECTION OF PERSONAL INFORMATION AND PRIVACY POLICY UNDER
THE CALIFORNIA CONSUMER PRIVACY ACT (CCPA)

Theobroma Chocolat (“Theobroma” or the “Company”) is committed to maintaining the privacy and security of your personal information in compliance with all applicable laws and our policy.

This Notice of Collection Of Personal Information and Privacy Policy (“CCPA Privacy Notice”) applies to the collection of personal information from California residents on and after January 1, 2020. This CCPA Privacy Notice supplements
our “Privacy Notice” to provide California residents with information and rights required by the California Consumer Privacy Act (CCPA).

This CCPA Privacy Notice describes the types and categories of personal information we collect, the business purposes for which we collect, use and share your personal information, with whom we share it, and your rights in personal
information under the CCPA.

For purposes of this CCPA Privacy Notice, we refer to personal information according to the following definition given in the CCPA: “personal information” means information that identifies, relates to, describes, is reasonably capable of
being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available information, information that is de-identified or aggregate
consumer information, or information or rights that are outside the scope of the CCPA.

By accessing our website or social media pages, submitting personal information to us, or purchasing our products or using our online services, you consent to the collection, use, sharing and disclosure of such information as set forth in
this CCPA Privacy Notice, as it may be updated from time to time.

What categories of personal information do we collect about you?
• We may collect personal information from you in various ways including:
o when you provide us with information (e.g., through your communications with us by email or telephone or through our Site’s Join Theobroma Chocolat/Join Our Mailing List features, or social media pages);
o when you communicate with us concerning our products;
o purchase one of our products; and
o through automated means when you use our website including by use of “cookies” and other similar tracking technologies.
We collect the following categories of personal information:
• Identifiers: this information may include your name, birthdate and contact details (including mailing addresses, telephone numbers, email addresses, IP address, browser identifier, geolocation data and other identifying information you
provide to us). For example, we may collect your name, email address and birthdate when you join our mailing list to receive information on our products, coupons or recipes.
• Customer Information under California Civil Code §1798.80(e): this information comprises any information that identifies, relates to, describes or is reasonably capable of being associated with you or your household in our records.
Examples include your payment related information that we use to charge for our products, including debit or credit card numbers. All debit or credit card transactions are processed by our third-party payment vendors. We do not
collect, store or maintain any credit card or debit card information on or through our website after the transaction is processed and verified. Instead, it is transiently collected, shared with and processed through these third-party payment
vendors using their platforms. We do not share your credit or debit card information with any vendors, other than our third-party payment vendors. Some personal information in this category may overlap with other categories.
Characteristics of protected classifications under California or federal law: This includes demographic information, such as age, race, gender or ethnicity, or information about your diet or health, that you may voluntarily provide to us.

• Commercial Information: this category includes information concerning the products you purchased and your purchasing history and tendencies.

o Internet and other electronic history: this category comprises electronic information concerning your use of the website (www.theobromachocolat.com) and dependent pages (the “Site”). This information may include information
we automatically collect as you browse the Site, including your IP address, device type or client/user identifier, browser type/identifier, operating system, pages visited and other similar information. We may use services provided by
third parties using third party cookies or tracking technology to provide us with information concerning your website activity. For example, our ecommerce and web hosting provider may collect information concerning your website
usage through cookies. We use information from cookies and tracking technologies (e.g., pixels, web beacons) in order to improve and customize your browsing experience, for analytics and metrics about your visits to our Site (e.g.
the information concerning the length of your visit to our Site, where your visit originated from) and for marketing our products to you. Other cookies are necessary for the Site to function properly or enhance the Site’s performance
and functionality. By using our Site, you consent to the use of all cookies and tracking technologies. If you do not want cookies placed in your browser, you may be able to turn that feature off or permit certain types of cookies by
changing the settings on your browser. Please consult your Internet browser’s documentation for information on how to do this. However, if you decide not to accept essential or functional cookies, the Site may not function properly
and some features may not work as they were intended.

o Geolocation data: we may determine your approximate geographic location through your IP address in order to market our products at locations, such as retailers, that are nearby to you. Geolocation information is provided to us
for use for marketing purposes based on third party marketers and e-commerce platforms that monitor usage of our Site.

• Inferences drawn from information you provide to create a personal profile concerning your consumer preferences, characteristics, predispositions, behavior, and attitudes. We may accumulate the information you provide to
develop a consumer profile concerning your behavior and interests, including for our marketing and advertising purposes, and to improve our products.

In the past twelve (12) months, depending on the individual circumstances, we have collected the following categories of personal information: Identifiers, Customer Information under section 1798.80(e) of the California Civil Code,
Protected Characteristics, Commercial Information, Internet History, Geolocation Data and Personal Profile.
Our Business Reasons For Collecting And Using Your Personal Information
Depending on the individual circumstances, we collect and use personal information for the legitimate business purposes of Theobroma Chocolat. These purposes include to provide you with products, to fulfill the purpose for which
you provided us with your personal information, to communicate with you, to perform on a contract between you and the Company, to market our products to you, to process payment and shipping and for account management, to improve the functionality and effectiveness of our websites, to protect the security of our website, to protect against fraud, and to comply with applicable law, rules or regulations.
Who we share your personal information with
We do not sell your personal information to third parties.
In some instances we may retain other companies and individuals to perform functions on our behalf, including, but not limited to, website developers, Information Technology and software providers, shipping or direct mail organizations,
marketing and advertising providers, and e-commerce and web hosting platforms. Such third parties may be provided with access to your personal information to perform the functions for which they have been retained.
We may disclose any information, including personal information, we deem necessary, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, to protect ourselves from fraudulent or illegal activity, and to defend against legal claims.
In the past twelve (12) months, depending on the individual circumstances, we have shared the following categories of personal information: Identifiers, Customer Information under section 1798.80(e) of the California Civil Code, Protected
Characteristics, Commercial Information, Internet History, Geolocation Data and Personal Profile with the following categories of third parties: service providers and third party businesses.

Your rights regarding your personal information

Under the California Consumer Privacy Act, you have the following rights in personal information held by us:

• You have the right to request that we disclose the personal information we collect, use, disclose and share. You may request (i) the categories of personal information that we have collected about you; (ii) the categories of sources from
which the personal information is collected; (iii) the business or commercial purpose for collecting or sharing your personal information; (iv) the categories of third parties with whom we share your personal information; and (v) the
specific pieces of personal information that we have collected about you.
• You have the right to receive your personal information in a portable format that allows you to transmit the information to another entity

• You have the right to request deletion of personal information under certain circumstances. For example, we may not be required to delete personal information if we need to retain the information to complete the transaction for which
the personal information was collected, perform on a contract with us, or to comply with a legal obligation.

• You have the right not to receive discriminatory treatment for the exercise of any of these rights. We will not discriminate against you or refuse to provide you services because you have exercised your rights.

You may submit verifiable requests concerning any of your rights by contacting us by telephone at 866-780-4250 or by e-mail to infos@theobromachocolat.com. We will use reasonable methods for verifying that the person making a
request to know, data portability or a request to delete is the individual about whom we have collected personal information. This may involve, depending on the nature of the request, confirming that the email address provided corresponds
with our records concerning the individual. Additional reasonable measures may also be required to verify the identity of the person making the request depending on the circumstances. For requests to delete made electronically, you will
be required to submit the request to delete, and then separately confirm that you want your personal information deleted. To the extent that you wish to use an authorized agent to make requests concerning the rights set forth above, you
will need to provide us either with a power of attorney or, alternatively, with signed authorization to communicate with your authorized agent, and directly confirm that you provided the authorized agent with permission to submit the
request.

We will (i) confirm receipt of requests to know, data portability or to delete within 10 business days of the request; and (ii) generally respond to requests to know, data portability or to delete within 45 calendar days of the request. If we need
additional time to respond to your request beyond the 45 calendar days, we will provide you with notice explaining the reasons we need more time, and we will then take up to an additional 45 calendar days to respond to your request.

Reasonable Safeguards To Protect Your Personal Information

We are committed to maintaining the security of your personal information in compliance with all applicable laws and our policy. We take commercially reasonable steps to protect personal information from loss, misuse, and unauthorized
access, disclosure, alteration, or destruction.

Access By Persons With Disabilities

Persons with disabilities who need assistance accessing this CCPA Privacy Notice may contact us as provided for above, and depending on your individual needs, the Company will grant reasonable requests to furnish this policy in an alternative format.

Children

California Shine the Light Law/Online Privacy Protection Act

California Civil Code §1798.83 provides that California residents may request certain information concerning the disclosure of personal information to third parties for direct marketing purposes. Pursuant to California Business Code
§§22575-22579, you may review and request changes to any of your personal information that we have collected. Should you wish to request this information or exercise these rights, please reach us at the contact information provided
below.

We do not presently respond to Do Not Track requests. We do not control and are not responsible for third party tracking technologies that may be used on our Site. Such third parties may serve you content based on tracking you across different websites. You consent to potentially encountering third party tracking technologies when you use our Site.

Revisions to This CCPA Privacy Notice

We may update this CCPA Privacy Notice at any time, by posting the amended version on this Site including the effective date of the updated version. By accessing the Site or purchasing products after we make any such changes to this
CCPA Privacy Notice, you are deemed to have accepted such changes. Please check this CCPA Privacy Notice regularly, and before you submit additional personal information via the Site.

Contact Us

If you have questions or comments regarding this CCPA Notice and Privacy Policy or if you would like to exercise your rights, please send us an email to infos@theobromachocolat.com.

Effective Date: May 13, 2022
Last Updated: May 13, 2022

Shop

About Us

Contact Us