SPARTAN WAY LABS, INC.

PRIVACY POLICY

Spartan Way Labs, Inc., a Florida corporation (“Spartan Way Labs,” “Company,” “we,” “our,” or “us”), respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you, or that you may provide, when you visit our websites at spartanwaylabs.com, spartancreatine.com, and rapidcreatine.com (collectively, our “Websites”), purchase our products, or otherwise interact with us, and our practices for collecting, using, maintaining, protecting, and disclosing that information. Our Websites are powered by Shopify, which provides the underlying commerce platform that enables us to offer the Websites and related services to you (see Section VIII).

This policy applies to information we collect: (i) on our Websites; (ii) in email, text, and other electronic messages between you and us; (iii) through our marketing and advertising activities; and (iv) when you contact our customer service team.

This policy does not apply to information collected: (i) by any third-party marketplace or platform through which our products are sold, including Amazon.com, TikTok Shop, and any retail partner — those platforms collect and process your information under their own privacy policies, and we receive only the limited information they choose to share with us; or (ii) on any third-party website we may link to.

Please read this policy carefully. If you do not agree with our policies and practices, do not use the Websites or provide us with your personal information. By accessing or using the Websites, purchasing our products, or providing us with personal information, you consent to the practices described in this policy. If there is a conflict between our Terms of Service and this policy, this policy controls with respect to the collection, processing, and disclosure of your personal information.

We may update this policy from time to time, including to reflect changes to our practices or for operational, legal, or regulatory reasons. The date at the top reflects the last revision. If we make material changes to how we treat personal information, we will notify you by email (if we have your address on file) and by posting a notice on the Websites. Please keep your contact information current and check this page periodically.

Our products are dietary supplements intended for adults. Our Websites are not directed to children, and we do not knowingly sell products to, or collect personal information from, anyone under 18 years of age. In accordance with the Children’s Online Privacy Protection Act (“COPPA”), we do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will delete it. If you are a parent or guardian and believe we may hold information from or about a child under the age of majority in your jurisdiction, contact us at support@spartanwaylabs.com to request that it be deleted.

We do not knowingly sell or share the personal information of consumers under 16 years of age for cross-context behavioral advertising. We do not collect date of birth or any other age identifier on our Websites, and therefore do not have actual knowledge of any user’s age.

When we use the term “personal information,” we mean information that identifies or can reasonably be linked to you or another person. Personal information does not include information that has been aggregated, anonymized, or de-identified so that it cannot reasonably be linked to you. We collect several categories of personal information, including inferences drawn from it, depending on how you interact with us:

A. Information You Provide Directly

•    Identifiers and contact information — name, billing and shipping address, email address, and telephone number.

•    Order and transaction information — items you view, add to your cart or wishlist, purchase, return, exchange, or cancel; order value and history; subscription plan and delivery cadence; discount or promotional codes used; and returns or refunds.

•    Payment information — payment card and billing details are collected and processed by our payment processors (Shopify Payments, Shop Pay, PayPal, and other payment methods enabled at checkout). We do not store full payment card numbers on our systems. We receive limited information such as the last four digits, card brand, and authorization status.

•    Account information — if you create an account, your username, password, security questions, saved addresses, preferences, and settings.

•    Communications — records and copies of your correspondence with us, including customer service emails, text messages, chat sessions, and social media messages.

•    Marketing and program participation — newsletter signups, SMS opt-ins, survey responses, product reviews, contest and giveaway entries, and information you provide as an affiliate, ambassador, or referral program participant.

•    Any other information you choose to provide, including in product reviews or support requests. Please do not send us health, medical, or other sensitive information; we do not request it and do not need it to fulfill your order.

B. Information Collected Automatically

As you navigate and interact with our Websites, we use automatic data collection technologies to collect information about your device and browsing activity, including IP address, device and browser type, operating system, network connection, other unique identifiers, referring URLs, pages viewed, items viewed and added to cart, search terms used on the Websites, session duration, and approximate location derived from IP address.

C. Information from Other Sources

We may receive information about you from: our e-commerce, subscription, and fulfillment platforms (Shopify, Recharge, and Davinci, our third-party logistics provider); marketplaces and social commerce platforms (Amazon and TikTok Shop), to the extent they share order and customer contact data with us; our affiliate and referral platform (Social Snowball); our email and SMS platform (Klaviyo); marketing, analytics, and advertising partners; and fraud prevention and address verification services.

We and our third-party partners use the following technologies on our Websites:

•    Cookies (browser cookies). Small files placed on your device. For specific information about the cookies used to power our store with Shopify, see shopify.com/legal/cookies. You may refuse browser cookies through your browser settings, but parts of the Websites may not function properly.

•    Pixels and web beacons. Small electronic files on our pages and in our emails that allow us to count visitors, measure email opens and clicks, and record engagement with content and advertisements. These include advertising and conversion pixels from Meta (Facebook and Instagram), TikTok, Google, Pinterest, and Snap.

•    Analytics tools. Including Google Analytics and Shopify Analytics, which help us understand how our Websites are used.

•    Local storage and similar technologies. Used to remember your preferences, cart contents, and session state.

Several of these technologies are operated by third parties, including advertising networks. These parties may use them to collect information about your online activity over time and across different websites and services (behavioral tracking) and to serve you interest-based advertising, including advertising for our products. We do not control these third parties’ technologies or how they use the information they collect.

Your Tracking Choices

•    You can set your browser to refuse some or all cookies, or to alert you when cookies are being sent. Disabling cookies may render some features of the Websites unusable.

•    You may opt out of certain interest-based advertising through the Digital Advertising Alliance (optout.aboutads.info), the Network Advertising Initiative (optout.networkadvertising.org), or your mobile device’s advertising settings.

•    Global Privacy Control (GPC). We honor the Global Privacy Control signal. When we detect a GPC signal from your browser or device, we treat it as a request to opt out of the sale and sharing of the personal information associated with that browser or device. To learn more, visit globalprivacycontrol.org.

•    Do Not Track. Our Websites do not currently respond to browser “Do Not Track” signals, as no common industry standard for those signals has been adopted.

We use the information we collect, including personal information, to:

1.   Provide, tailor, and improve the Websites and Services — including to perform our contract with you, process payments, fulfill and ship your orders, manage returns, exchanges, and refunds, remember your preferences, enable reviews, create and manage your account, and provide a customized shopping experience such as recommending products;

2.   Manage subscription orders, including recurring billing and delivery scheduling;

3.   Provide customer service and respond to your inquiries, and otherwise maintain our business relationship with you;

4.   Send transactional messages, including order confirmations, shipping notifications, subscription reminders, and account notices;

5.   Send marketing and promotional communications by email, text message, telephone, or postal mail about our products, promotions, and offers, where permitted by law and consistent with your consent;

6.   Display and measure advertising for our products on our Websites and on third-party platforms, including interest-based and retargeting advertising;

7.   Administer contests, promotions, sweepstakes, referral programs, and affiliate programs;

8.   Authenticate accounts, provide a secure payment and shopping experience, and detect, investigate, and prevent fraud, abuse, and other unsafe or malicious activity;

9.   Conduct analytics, research, benchmarking, and product development. When we disclose the results of such work externally, we do so only in aggregated, anonymized, or otherwise de-identified form;

10.       Comply with legal obligations and respond to valid legal process, including tax, product safety, adverse event reporting, and dietary supplement labeling and advertising requirements, and to enforce our terms and policies; and

11.       Fulfill any other purpose disclosed at the time you provide the information, or for which you give consent.

You may opt out of marketing communications at any time by clicking “unsubscribe” in any marketing email, replying STOP to any marketing text message, or contacting us at support@spartanwaylabs.com. If you opt out, we may still send you non-promotional messages relating to your account or orders you have placed.

If you opt in to our text message program, you consent to receive recurring automated marketing and transactional text messages from us at the number you provide. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. Reply STOP to cancel and HELP for help. We do not sell, rent, or share mobile telephone numbers or SMS consent with third parties for their own marketing purposes. Klaviyo processes these messages on our behalf. Additional terms are available in our SMS Terms, posted on our Websites.

We may disclose aggregated or de-identified information, which does not identify any individual, without restriction.

We may disclose personal information:

•    To Shopify, service providers, and vendors that perform services on our behalf and are contractually required to use the information only for that purpose — including payment processing, our e-commerce and subscription platforms (Shopify and Recharge), our third-party logistics provider (Davinci), shipping carriers, our email and SMS platform (Klaviyo), our affiliate platform (Social Snowball), IT and cloud storage, customer service tools, analytics providers, and review platforms;

•    To advertising and marketing partners, including Meta, TikTok, Google, Pinterest, and Snap, to provide marketing services and personalized advertising based on your activity across different merchants and websites, which constitutes a “sale” or “sharing” of personal information under certain state privacy laws (see Sections X and XI). These partners use your information under their own privacy notices;

•    At your direction or with your consent, such as when you use social media widgets or login integrations, or ask us to share information with a third party;

•    To our affiliates and others within our corporate group, for purposes consistent with this policy;

•    To a buyer or successor in the event of a merger, acquisition, financing, divestiture, restructuring, reorganization, dissolution, bankruptcy, or other sale or transfer of some or all of our assets, in which personal information held by us is among the assets transferred;

•    To fulfill the purpose for which you provided it, or with your consent;

•    To comply with any court order, subpoena, search warrant, law, or legal process, including responding to government, regulatory, or law enforcement requests, and to participate in civil discovery or litigation;

•    To enforce our Terms of Service and other agreements, including for billing and collection; and

•    Where we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Spartan Way Labs, our customers, or others, including for fraud prevention and product safety purposes.

Our Websites are hosted by Shopify, which collects and processes personal information about your access to and use of the Websites in order to provide and improve the underlying commerce platform. Information you submit through the Websites is transmitted to and shared with Shopify, and with third parties that may be located in countries other than where you reside — including Canada, where Shopify is headquartered, and the United States — in order to provide and improve the Services.

To help operate, protect, and improve our business, we use certain Shopify enhanced features (such as Shop Pay and Shopify’s personalized advertising features) that incorporate data from your interactions with our store together with data from your interactions with other Shopify-powered merchants and with Shopify itself. When Shopify processes personal information for these purposes, Shopify acts as an independent controller of that information and is responsible for handling it, including for responding to your requests to exercise your privacy rights over those uses.

To learn how Shopify collects, uses, and discloses personal information, and about the privacy rights you may have with respect to Shopify, see the Shopify Consumer Privacy Policy and Shopify Privacy Portal at privacy.shopify.com/en.

We retain personal information for as long as necessary to fulfill the purposes described in this policy, including to maintain your account, provide the Services, maintain order and warranty records, resolve disputes, enforce our agreements, and comply with legal, tax, accounting, and product safety recordkeeping obligations. [Order and transaction records are generally retained for seven (7) years. Marketing contact information is retained until you opt out, and for a reasonable period thereafter to honor your opt-out. Website analytics and advertising identifiers are retained according to the retention settings of the applicable platform.]

We share personal information with third-party advertising and analytics partners in ways that may be considered a “sale” or “sharing” of personal information under the California Consumer Privacy Act, as amended, and comparable state privacy laws. These laws define “sale” and “share” broadly to include disclosures made for cross-context behavioral advertising, whether or not money changes hands.

Specifically, when you visit our Websites, advertising and analytics technologies operated by Meta, TikTok, Google, Pinterest, and Snap — and Shopify’s personalized advertising features — may collect identifiers (including online identifiers, cookie identifiers, and IP address), commercial information (including products viewed and purchased), internet or network activity, and inferences drawn from that information. These partners may use that information to deliver interest-based advertising to you and to measure the performance of our campaigns.

We do not sell or share sensitive personal information, and we do not knowingly sell or share the personal information of consumers under 16 years of age.

How to Opt Out of the Sale or Sharing of Your Personal Information

You may opt out of the sale and sharing of your personal information at any time, free of charge, by any of the following methods:

12.       Clicking the “Do Not Sell or Share My Personal Information” link in the footer of any of our Websites;

13.       Enabling the Global Privacy Control (GPC) signal in your browser or browser extension, which we will honor as an opt-out request for the browser or device transmitting the signal;

14.       Emailing us at support@spartanwaylabs.com with the subject line “Do Not Sell or Share”; or

15.       Calling us at 201-835-8361.

An opt-out submitted through the Websites applies to the browser and device you are using. If you clear your cookies or use a different browser or device, you will need to opt out again. You may also authorize another person to submit an opt-out request on your behalf, subject to our verification of that authorization.

Depending on where you live, you may have some or all of the rights below in relation to your personal information, under laws including the California Consumer Privacy Act as amended by the California Privacy Rights Act (“CCPA”), the Utah Consumer Privacy Act, and comparable laws in Virginia, Colorado, Connecticut, Texas, Oregon, Montana, and other states. These rights are not absolute, may apply only in certain circumstances, and in certain cases we may decline a request as permitted by law:

•    Right to access / know — the categories and specific pieces of personal information we have collected about you, the categories of sources, the business or commercial purposes for collecting or disclosing it, and the categories of third parties to whom we disclose it;

•    Right to delete personal information we have collected from you;

•    Right to correct inaccurate personal information we maintain about you;

•    Right of portability — to receive a copy of your personal information in a portable format and, in certain circumstances, to have it transferred to a third party;

•    Right to opt out of the sale or sharing of your personal information and of targeted advertising (see Section X);

•    Right to limit the use of sensitive personal information — we do not collect, use, or disclose sensitive personal information for purposes that would give rise to a right to limit;

•    Right to non-discrimination — we will not deny you goods or services, charge you different prices, or provide a different level of service because you exercised your privacy rights;

•    Right to manage communications — you may opt out of promotional emails using the unsubscribe link in any such email; we may still send non-promotional messages about your account or orders; and

•    Right to appeal a denial of your request, where provided by applicable state law.

Additional Rights for UK and EEA Residents

If you reside in the United Kingdom or the European Economic Area, and subject to exceptions and limitations under local law, you may also have the right to object to or request that we restrict certain processing of your personal information, and, where we rely on consent, the right to withdraw that consent at any time (which does not affect the lawfulness of processing before withdrawal).

Categories of Personal Information Collected in the Preceding 12 Months

Statutory Category	Examples We Collect
Identifiers	Name, postal address, email address, telephone number, IP address, account and order identifiers, cookie and device identifiers
Customer records (Cal. Civ. Code § 1798.80(e))	Name, address, telephone number, and payment card information (processed by our payment processors)
Commercial information	Products purchased or considered, order and subscription history, returns, product reviews
Internet or network activity	Browsing and search activity on our Websites, and interactions with our emails and advertisements
Geolocation data	Approximate location derived from IP address and shipping address
Inferences	Preferences, interests, and characteristics used for marketing segmentation

We collect these categories from the sources described in Section III and disclose them for the business purposes described in Sections V and VII. The categories we sell or share for cross-context behavioral advertising are identified in Section X.

How to Exercise Your Rights

To exercise the rights described above, email us at support@spartanwaylabs.com or call 201-835-8361. Your request must (1) provide sufficient information to allow us to verify that you are the person about whom we collected personal information, and (2) describe your request with sufficient detail to allow us to understand, evaluate, and respond to it. We may require additional information to verify your identity. An authorized agent may submit a request on your behalf with written proof of authorization and verification of your identity. To learn about rights you may have with respect to personal information processed by Shopify, visit privacy.shopify.com/en.

We will respond to a complete and verifiable request within the timeframe required by applicable law, generally 45 days from receipt, which may be extended by an additional 45 days where reasonably necessary and with notice to you. There is no charge for submitting a request unless it is excessive, repetitive, or manifestly unfounded, in which case we will notify you before charging any fee. We will not discriminate against you for exercising any of these rights.

There may be information we cannot provide or delete, such as information we must retain to complete a transaction, to comply with a legal obligation, or where doing so would affect the privacy of others.

Complaints

If you have a complaint about how we process your personal information, please contact us using the details in Section XV. Depending on where you live, you may have the right to appeal our decision, or to lodge a complaint with your local data protection or privacy authority.

California “Shine the Light”

California Civil Code § 1798.83 permits California residents to request information regarding our disclosure of personal information to third parties for those third parties’ direct marketing purposes. To make such a request, email support@spartanwaylabs.com or write to us at the address in Section XV, with “Your California Privacy Rights” in the subject line or on the envelope. Include your name, street address, city, state, ZIP code, and email address, and indicate whether you would like our response by email or postal mail. We do not accept these requests by telephone or facsimile.

Our Websites may provide links to websites or other online platforms operated by third parties, including our marketplace listings and social media pages. If you follow links to sites not operated by us, you should review their privacy and security policies and other terms; we do not control and are not responsible for the privacy, security, or content of those sites. Information you share on public or semi-public venues, including third-party social networking platforms, may be viewable by others without limitation on its use. Our inclusion of a link does not imply our endorsement of the linked site or its operator.

We have implemented commercially reasonable measures designed to protect your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Payment transactions are encrypted and processed by PCI-DSS compliant payment processors. However, no security measures are perfect or impenetrable, and no transmission of information over the Internet is completely secure. We cannot guarantee the security of your personal information, and any transmission is at your own risk. We recommend that you do not use unsecure channels to send us sensitive or confidential information, and that you keep any account password confidential.

Our Websites are operated in the United States and are intended for users located in the United States, and we ship only to addresses within the United States. Because our Websites are powered by Shopify, your information may nonetheless be transmitted to, stored, and processed by Shopify and our service providers in countries other than your own, including Canada and the United States, where data protection laws may differ from those of your country. By using the Websites or submitting information to us, you consent to that transfer, storage, and processing. If we or Shopify transfer personal information out of the United Kingdom or the European Economic Area, we rely on recognized transfer mechanisms such as the European Commission’s Standard Contractual Clauses (or the UK equivalent), unless the destination has been determined to provide an adequate level of protection.

To ask questions or comment about this privacy policy or our privacy practices, or to exercise any of the rights described above, contact us at:

Spartan Way Labs, Inc.

Attn: Privacy

50 East Ridgewood Avenue, #260

Ridgewood, NJ 07450 USA

Email: support@spartanwaylabs.com

Telephone: 201-835-8361

For the purposes of applicable data protection laws, Spartan Way Labs, Inc. is the controller of your personal information.