Privacy Policy

Welcome, and thank you for your interest in Fos, Inc., a Nevada corporation (together with its parent(s), subsidiaries, and affiliates, “Fos”, “we,” or “us”), our website (a “Site,” and collectively, the “Sites”), and all related web sites, downloadable software, mobile applications (including tablet applications), and other products and services provided by us and on which a link to this Privacy Policy is displayed, and all other communications with individuals though written or oral means, such as email or phone (collectively, together with the Sites, our “Service” or “Services”).

This Privacy Policy (“Policy”) describes the information that we gather on or through our Service, how we use and disclose such information, the steps we take to protect such information, the choices available to you regarding our use of information, and how you can access and update this information. It is intended to meet our duties of transparency under the European Union “General Data Protection Regulation” or “GDPR.” By visiting the Sites, using the Service, and/or purchasing products through the Service, you accept the privacy practices described in this Policy.

This Policy is incorporated into, and is subject to, the Fos Terms of Use & Conditions of Sale (“Terms of Use”). Capitalized terms used but not defined in this Policy have the meaning given to them in the Fos Terms of Service.

Who We Are & How To Contact Us

Fos, Inc. is the Controller (for purposes of the GDPR) of your Personal Data (as such term is defined below). Our address is: [address to be updated]. The Fos group of companies is made up of different legal entities, including one based in the Cayman Islands, called Fos International, Inc. With respect to privacy or data issues you can contact us at

Explanation of Service

We manufacture, distribute and sell health-orientated products and dietary supplements including, without limitation, our Fos brand. Our products may be purchased on a one-time or subscription basis, either directly from us or through one or more of our resellers, distributors or marketing affiliates.

Privacy Shield Commitment

As set forth in more detail herein, we have submitted an application (the “Privacy Shield Application”) to the U.S. Department of Commerce in order self-certify compliance with the EU-US Privacy Shield Framework and Swiss-US Privacy Shield Framework (collectively, “Privacy Shield”), as set forth by the U.S. Department of Commerce. Subject to approval of the Privacy Shield Application, (i) Fos will comply with the EU Data Protection Directive 95/46/EC framework as set forth by the European Union regarding the collection, use, and retention of personal data from European Union member countries and Switzerland to the United States, and (ii) Fos has certified that it adheres to the requirements of notice, choice, onward transfer, security, data integrity, access and enforcement. Any statement set forth in this Privacy Policy that states or implies that Fos is in compliance with Privacy Shield shall be deemed to mean that such compliance is subject to review and approval of the Application by the U.S. Department of Commerce.

Personal vs. Non-Personal Data

  • Personal Data:

We collect Personal Data from you, which data may include data received from within the European Union. “Personal Data” means any information relating to an identified or identifiable natural person. Examples of this kind of information include, as applicable, your name, organization name, email address, phone number, billing address, mailing address, credit card and payment details (which are collected and stored for recurring subscriptions), and other similar kinds of information that may be used for the same purpose. Fos will not rent or sell your Personal Data to others. We may store Personal Data in locations outside the direct control of Fos (for instance, on servers or databases co-located with hosting providers including, without limitation, Limelight, Shopify, Recharge, MCS fulfillment, Five9, Zendesk, Klaviyo, Stripe, Braintree, PayPal, Refersion, FlexPay and Hallmark fulfillment services (“Hosting Providers”). Fos’s Hosting Providers may physically have servers located anywhere in the world (i.e. including outside the European Union). Any Personal Data you elect to make publicly available on our Sites or through the Service, such as posting comments on a blog page, will be available to others. If you remove information that you have made public on our Sites or through the Service, copies may remain viewable in cached and archived pages of our Sites or the Fos Service, or if other users have copied or saved that information. If you wish to post a comment on our blog, registration may be required.

  • Non-Personal Data:

We may gather and share non-Personal Data (such as anonymous usage data, referring/exit pages and URLs, IP address, browser and platform types, referring/exit pages, operating system number of clicks, etc.) with interested third parties to help them understand the usage patterns of Fos’s Service and those of our partners and affiliates. If you remove information that you have made public through the Fos Service or Sites, copies may remain viewable in cached and archived pages of the Fos Service or Sites, or if other users have copied or saved that information. Non-Personal Data may be stored indefinitely.

Use of Information

We use information that we collect in a variety of ways in providing our Service and operating our business, including, with respect to operations, improvements and communications. Such uses include facilitating the functioning of our business and Sites, complying with applicable law, providing you with products and services, or as otherwise as appropriate in connection with a legitimate business need, including, without limitation:

  1. enabling, providing and enhancing the efficacy of Fos’s Sites, products, or services (including the Service and for any other purposes as may be further set forth in agreements between Fos and its customers, including acting as a data processor on behalf of its customers to the extent such customers act as data controllers);
  2. customer service activities (including via email and telephone), including administering your account, processing / fulfilling / confirming orders, billing, providing technical support, responding to your requests, providing updates, and customizing, enhancing, upgrading and improving our Sites, products, services and offerings;
  3. sales, marketing and promotional activities (including sales tracking, affiliate tracking, and administering contests), and customer relationship management (including newsletters, notices and sending you requested product or service information); and
  4. internal business processes and management, analysis (including usage trends and preferences), crime/fraud detection and prevention, security, protecting Fos’s legal rights, and compliance with governmental, legislative, and regulatory requirements.

    California residents may have additional personal information rights and choices. Please see the section entitled “Your California Privacy Rights” below for more information.

Integrated Services

You may be given the option to access or register for Fos’s Service through the use of your user name and passwords for certain services provided by third parties (each, an “Integrated Service”), such as through the use of your Google or Facebook account, or otherwise have the option to authorize an Integrated Service to provide Personal Data or other information to us. By authorizing us to connect with an Integrated Service, you authorize us to access and store information that the Integrated Service makes available to us (including, without limitation, your name, email address(es), date of birth, gender, current city, profile picture and URL), and to use and disclose it in accordance with this Policy. You should check your privacy settings on each Integrated Service to understand what information that Integrated Service may make available to us, and make changes as appropriate. Please review each Integrated Service’s terms of use and privacy policies carefully before using their services and connecting to our Service.

Choice / Opt-Out

You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at .

Information Sharing

We will share your Personal Data with third parties only in the ways that are described in this privacy statement. We may provide your Personal Data to companies that provide services to help us with our business activities such as shipping your order or offering customer service. These companies are authorized to use your Personal Data only as necessary to provide these services to us.

We may also disclose your Personal Data

  • as required by law such as to comply with a subpoena, or similar legal process;
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;
  • if we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our site(s) of any change in ownership or uses of your Personal Data, as well as any choices you may have regarding your Personal Data;
  • to any other third party with your prior consent to do so.

Non-personally identifiable information may be provided to other parties for marketing, advertising, or other uses.

Storage and Processing.

As set forth in more detail above, but subject to appropriate safeguards: (i) your information collected through the Fos Service may be stored and processed anywhere in the world (including, without limitation, in the United States, Europe, or any other country in which Fos or its subsidiaries, affiliates or service providers maintain facilities), and (ii) Fos may transfer information that we collect about you, including Personal Data, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world.

How We Protect Your Information.

The security of your Personal Data is important to us. But while Fos is concerned with protecting your privacy and data, but we cannot ensure or warrant the security of any information you transmit to Fos or guarantee that your information on the Fos Service may not be accessed, disclosed, altered or destroyed by breach of any of our industry standard physical, technical or managerial safeguards. When you enter sensitive information (such as log in credentials or credit card numbers) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). No method of transmission over the Internet or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at . We may use an outside help platform, and a credit card processing company to bill you if you purchase Services. These companies do not retain, share, store or use Personal Data for any other purposes.

You shouldn’t install any specific software to use Fos’s Services, and our Site pages don’t install any software to your system. If you have any questions about security on our Sites, you can contact us at .

Federal Trade Commission.

Subject to approval of the Privacy Shield Application (i) we are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). and (ii) we may be required to disclose Personal Data that we handle under the Privacy Shield in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

Cookies and Other Tracking Technologies

We may use cookies, for example, to keep track of your preferences and profile information. Cookies are also used to collect general usage and volume statistical information that does not include Personal Data.

We may use other companies to place cookies on your computer to collect non-Personal Data to compile aggregated statistics for us about visitors to our site.

Web Beacons

Our web pages may contain electronic images known as web beacons (sometimes called single-pixel gifs) which may be used along with cookies to compile aggregated statistics to analyze how our site is used and may be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our customer communications and marketing campaigns.

Our web pages may also contain electronic images known as web beacons (sometimes called single-pixel gifs) that are set by our third-party partners. Web beacons may be used along with cookies enabling our partners to compile aggregated statistics to analyze how our site is used.

Cross Border Transfer

Subject to approval of the Privacy Shield Application, (i) we will comply with the requirements of the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks, as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data from European Union member countries and Switzerland to the United States, and (ii) we adhere to the Privacy Shield Principles of notice, choice, onward transfer, security, data integrity and purpose limitation, access and recourse, enforcement and liability with respect to all Personal Data transferred from the EU to the US, and from Switzerland to the US, within the scope of its Privacy Shield certification. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. Subject to approval of the Privacy Shield Application, to learn more about the Privacy Shield program, and to view our certification (if and when the Application is approved), please visit

Certain Personal Data may be subject to our more specific privacy policies, which are also consistent with the requirements of the EU-U.S. and EU-Switzerland Privacy Shield Frameworks.

We also collect Personal Data concerning our (and our affiliates’) employees, consultants and candidates for employment (Human Resources Data) in connection with administration of our human resources programs and functions and for purpose of communicating with our employees and consultants. We also apply the EU-U.S. Privacy Shield Principles to this data. Further information in this regard can be found in our Human Resources Privacy Policy available for employees and consultants by contacting our Human Resources (HR) department.

Unless we tell you differently, companies who work on our behalf do not have any right to use the Personal Data we provide to them beyond what is necessary to assist us. We ensure that those companies are contractually bound to confidentiality and use the data received on our behalf in line with this Privacy Policy and guarantee an adequate level of data protection. We will remain liable for any failure by the third party that receives Personal Data on our behalf, unless we prove that the event giving rise to the damage was solely caused by the third party.

Your Choices – Access, Correction & Deletion

We respect your privacy rights and provide you with reasonable access to the Personal Data that you may have provided through your use of the Services. If you wish to access or amend any other Personal Data we hold about you, or to request that we delete or transfer any information about you that we have obtained from an Integrated Service, you may contact us as set forth in the “Contact Us” section below. At your request, we will have any reference to you deleted or blocked in our database.

You may also update, correct, or delete your account information and preferences at any time by contacting us as set forth in the “Contact Us” section below. Please note that while any changes you make will be reflected in active user databases instantly or within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

You may decline to share certain Personal Data with us, in which case we may not be able to provide to you with our Service, including, without limitation, the products that we sell.

At any time, you may object to the processing of your Personal Data, on legitimate grounds, except if otherwise permitted by applicable law. If you believe your right to privacy granted by applicable data protection laws has been infringed upon, please contact Fos’s Data Protection Officer at . You also have a right to lodge a complaint with data protection authorities.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit CCPA Privacy Notice for California Residents.

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to  

To the extent there is any conflict between applicable law (including, without limitation, California law) and the provisions contained in this Privacy Policy, the terms of such applicable law shall control and the terms of this Privacy Policy shall be deemed to be amended to the extent necessary for such terms to comply with such applicable law.

Do Not Sell My Personal Information

We will not sell your personal information. California law requires that, to the extent we sell your personal information, we maintain a separate webpage that allows you to opt out of the sale of your personal information, which can be accessed by clicking the link below: 

Data Retention

We only retain the Personal Data collected from you for a limited period of time as long as we need it to fulfill the purposes for which we have initially collected it, unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:

  • unless you request otherwise, we keep your contact details for our future marketing and customer retargeting campaigns;
  • backups are kept for twelve (12) months;
  • billing information is retained for a period of seven (7) years as of their provision to Fos in accordance with applicable accounting and taxation laws;
  • information on legal transactions between you and Fos is retained for a period of seven (7) years as of their provision to Fos in accordance with the general limitation period set for civil claims in applicable law.

Correcting and Updating Your Personal Data

To review and update your Personal Data to ensure it is accurate, contact us at .

Notification of Privacy Statement Changes

We may update this privacy statement to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Dispute Resolution

If you believe your Personal Data has been used in a way that is not consistent with this Privacy Policy, we invite you to contact us first at . We will make all efforts to resolve your complaints timely and accurately. Further, we have committed to cooperate with EU and Swiss Data Protection Authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC), and to comply with the information and advice provided by such authorities with regard to data transferred from the EU and Switzerland.

Under certain conditions, EU individuals may seek redress from the Privacy Shield Panel, a binding arbitration mechanism.

Modification of Privacy Policy

We reserve the right to modify the provisions of this Privacy Policy if deemed necessary. We will inform you of these changes on our website.

Contact Information

You can contact us by writing or email us at the address below:

Fos, Inc.
Attn: Data Protection Officer
[to be updated]

Email for General Support:

Email for Privacy Issues:


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