Privacy policy

M.I. Industries, Incorporated d/b/a Instinct Pet Food (“we” or “us” or “our”) respect the privacy of every person who visits our websites, online stores, or otherwise provides information to us. We operate this online store and website, including all related information, content, features, functionalities, tools, products and services (collectively, the "Services"). The Services are powered by Shopify, which enables us to provide the Services to you. This Privacy Policy describes how we collect, use, and disclose your personal information when you visit, use, or make a purchase or other transaction using the Services or otherwise communicate with us.

Use of the Services is also subject to our Terms of Service [https://instinctpetfood.com/policies/terms-of-service]. If there is a conflict between our Terms of Service and this Privacy Policy, this Privacy Policy controls with respect to the collection, processing, and disclosure of your personal information.

This Privacy Policy details our specific practices and policies regarding the collection and use of your personal information. Use of the Services indicates your acceptance of this Privacy Policy. If you do not agree with our policies and practices, your choice is not to use our Services, purchase our products or services, provide us with your personal information, or otherwise interact with us.

This Privacy Policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Services. Further, this Privacy Policy does not apply to any personal information collected from or about any of our employees. Personal information collected from any such employees will be protected by our employment policies and handbook.

Collection and Use of Information

Through our Services, we collect several types of information from and about users of the Services, including information:

by which you may be personally identified, such as name, postal address, e-mail address, or telephone number;
that is about you but individually does not identify you, such as job history, skills, and/or general resume information; and
about your internet connection, the equipment you use to access our Services, and usage details.

For example, we collect and store the name of the domain and host from which you access the Internet (for example, aol.com or princeton.edu); the Internet protocol (IP) address used to access our Website; the browser software you use and your operating system; the date and time you access our Services; and the Internet address of the website from which you linked directly to our Services. We use this information to measure the number of visitors to the different sections of our Website, and to help us make our Services more useful.

We may collect such information automatically using cookies and similar tracking technologies, such as web beacons or pixels, to help us design and optimize web content for you. A cookie is a message given to a web browser by a web server. The browser stores the message in a text file. The message is then sent back to the server each time the browser requests a page from the server. Cookies are used to store data about a user while browsing and using our Services. Web beacons and pixels are small electronic files (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us to track certain activities, for example, to count users who have visited certain webpages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We use cookies and similar tracking technologies to improve our products and your experience on our Services by evaluating the use of our Services, products and services, to personalize content and ads, to provide social media features and to analyze our traffic. For example, we use cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information may be used to determine when to send cart reminder messages via text message. We also share information about your use of our website with our social media, advertising and analytics service providers. By agreeing to the use of cookies and tracking technologies on our website, you direct us to disclose your personal information to these service providers for those purposes.

You may refuse to accept browser cookies by activating the appropriate setting on your browser or in our cookie consent tool. However, if you select this setting you may be unable to access certain parts of our Services.

We may also collect personal information directly or indirectly from you when you use our Services or other services or buy our products. We may use or disclose the personal information we collect for one or more of the following purposes:

Presenting our Services and their contents to you.
Processing and following up on your requests, orders, transactions, and preventing transactional fraud.
Communicating with you, including providing you with support and responding to your inquiries, comments, or requests for information, as well as investigating and addressing your concerns.
Reviewing and responding to your job applications and making hiring decisions.
Notifying you about promotions and other information regarding our products. For example, we may send you educational information, promotional offers, or other information regarding our retailer education portal, including via email or text (with your consent, where required by law).
Personalizing your experience on our Services and delivering advertisements, content, and product and service offerings relevant to your interests, including based on your Pet Profile, to make your online experience smooth and meaningful.
Fulfilling the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry. Similarly, if you share your name, email address, and zip code as part of a Pet Profile, we will use that personal information to set up your Pet Profile. Also, if you share your information to enter a contest sponsored by us, we will use such information in connection with running the contest.
To provide, support, personalize, and develop our Services, products, and services.
Helping maintain the safety, security, and integrity of our Services, products and services, databases and other technology assets, and business.
Testing, research, analysis, and product development, including developing and improving our Website, products, and services.
Responding to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in applicable law.
Evaluating or conducting a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our consumers is among the assets transferred.
For any other purpose with your consent.

When we ask for your personal information, our primary goal in collecting such information is to give you a meaningful experience on our Services and to allow us to better develop new products and services which are relevant to consumers like you.

We may also enhance or merge personal information that we collect with data obtained from third parties.

In certain circumstances, we may disclose your personal information to third parties for legitimate purposes subject to this Privacy Policy. Such circumstances may include:

· With Shopify, vendors and other third parties who perform services on our behalf (e.g. IT management, payment processing, data analytics, customer support, cloud storage, fulfillment and shipping).

· With business and marketing partners to provide marketing services and advertise to you. For example, we use Shopify to support personalized advertising with third-party services based on your online activity with different merchants and websites. Our business and marketing partners will use your information in accordance with their own privacy notices. Depending on where you reside, you may have a right to direct us not to share information about you to show you targeted advertisements and marketing based on your online activity with different merchants and websites. You can exercise your rights to opt-out of those uses here .

· When you direct, request us or otherwise consent to our disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations.

· With our affiliates or otherwise within our corporate group.

· In connection with a business transaction such as a merger or bankruptcy, to comply with any applicable legal obligations (including to respond to subpoenas, search warrants and similar requests), to enforce any applicable terms of service or policies, and to protect or defend the Services, our rights, and the rights of our users or others.

There are additional disclosures for residents of certain states in the Special U.S. Privacy Information Section below. Relationship with Shopify

The Services are hosted by Shopify, which collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide and improve the Services for you. In addition, to help protect, grow, and improve our business, we use certain Shopify enhanced features that incorporate data and information obtained from your interactions with our Store, along with other merchants and with Shopify. To provide these enhanced features, Shopify may make use of personal information collected about your interactions with our store, along with other merchants, and with Shopify. In these circumstances, Shopify is responsible for the processing of your personal information, including for responding to your requests to exercise your rights over use of your personal information for these purposes. To learn more about how Shopify uses your personal information and any rights you may have, you can visit the Shopify Consumer Privacy Policy . Depending on where you live, you may exercise certain rights with respect to your personal information here Shopify Privacy Portal Link.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

Links to Other Websites

Our Services may contain links to other websites that are not operated by us, including websites of our subsidiaries and affiliates that are not operated by us. If you click a link to another website, you will be directed to that website. We strongly advise you to review the privacy policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services, including websites of our subsidiaries and affiliates that are not operated by us.

Children Under the Age of 16

The Services are not intended for children under 16 years of age. No one under age 16 should provide any personal information to or on the Services. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on our Services or through any of their features or provide any information about yourself to us, including your name, address, telephone number, or email address. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16 please contact us at https://instinctcontactus.powerappsportals.com/.

Communication Choices

You may opt in to receive emails, newsletters or other communications from us. If you wish to discontinue receiving this information, you may update your preferences by using the “Unsubscribe” link found in the emails that we send to you or by contacting us at https://instinctcontactus.powerappsportals.com/.

You may also opt in to receive text messages from us. By providing such opt in, you agree to receive recurring text messages from and on behalf of us through your wireless provider to the mobile number you provided. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You are not required to provide such opt in as a condition of purchasing any property, goods, or services from us. Message and data rates may apply. Message frequency varies. Carriers are not liable for delayed or undelivered messages. You can opt out of receiving text message at any time by texting “STOP”. You may receive a one-time opt-out confirmation text message. You can text “HELP” for additional information. To submit a request to opt-out, you can also contact us at https://instinctcontactus.powerappsportals.com/ or 888-519-7387.

Special U.S. Privacy Information This Special U.S. Privacy Information supplements the information contained this Privacy Policy. Certain U.S. state laws may provide you with additional rights regarding our use of your personal information. As described more herein, some of the personal information we collect information constitutes “personal information” or “personal data” as define under these state laws, including the California Consumer Privacy Act of 2018 (as amended, the “CCPA”) or other similar state laws.

Information We Collect

In particular, within the last twelve (12) months, we collected (whether directly, indirectly (e.g., by observing your actions on the Services or from third parties) the categories of personal, which constitute “personal information” under the CCPA or “personal data” under other similar state laws, listed in the table below. Any such collection has been for of the purposes included in the appropriate section of the Collection and Use of Information Section above.

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name and address for customers. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	YES
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	YES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	YES
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES

For the purposes of this Section, personal information does not include information specifically excluded from the scope of applicable data protection laws, such as publicly available information from government records, lawfully obtained, truthful information that is a matter of public concern, deidentified or aggregated consumer information or information specifically excluded from the scope of applicable data protection laws, such as health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data or other biomedical research study or personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), the Federal Farm Credit Act of 1971, and the Driver’s Privacy Protection Act of 1994.

In the last 12 months, we have not collected any “sensitive personal information” as the CCPA defines such term or any “sensitive data” or “sensitive personal data” as other similar state laws define such terms.

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this policy unless a longer retention period is required or allowed by law. The criteria used to determine our retention periods include:

The length of time we have an ongoing relationship with you and provide requested products or services to you;
Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

We obtain the categories of personal information listed above from the following categories of sources:

Directly from you. For example, from forms you complete or products and services you purchase.
Indirectly from you. For example, from observing your actions on our Services.
From our affiliates and subsidiaries.
From third-party business partners such as Shopify, social media sites, ad networks, and analytics providers.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the business purposes or uses listed above in the Collection and Use of Information section. In addition, we may use or disclose such personal information as described to you when collecting your personal information or as otherwise set forth in applicable law.

Disclosing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. Notwithstanding the foregoing, text messaging originator opt-in data and consent will not be disclosed to any third parties, excluding aggregators and providers of text message services.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category D: Commercial information.
Category F: Internet or other similar network activity.
Category G: Geolocation data.
Category I: Professional or employment-related information.
Category J: Non-public education information.
Category K: Inferences drawn from other personal information.

We disclose your personal information for a business purpose to the following categories of third parties:

service providers, including email service providers, consumer relations service providers, customer support service providers, communications service providers, employee recruitment and application processing service providers, our marketing service providers, and the provider of our retailer education portal;
our affiliates and subsidiaries; and
legal representation and other advisors, including with regard to prevention harm to our company, our products or services, or a person or property (e.g., fraud prevention).

Personal Information Sales or Sharing

As described herein, we collect personal information from your interactions with us and our Services, including through cookies and similar tracking technologies. We may also disclose this personal information to third parties, including advertising partners. We do this in order to show you ads on other websites that are more relevant to your interests and for other reasons outlined in this Privacy Policy. This disclosure of personal information to third parties based on your interaction on different websites may be considered a "sale", "sharing" for “cross-context behavioral advertising” or "targeted advertising" under certain state privacy laws.

In the preceding twelve (12) months, we have sold or shared the following categories of personal information for cross-context behavioral advertising or targeted advertising:

Category A: Identifiers.
Category D: Commercial information.
Category F: Internet or other similar network activity.
Category K: Inferences drawn from other personal information.

We sell or share your personal information for cross-context behavioral advertising or targeted advertising to the following categories of third parties:

Advertising partners.
Social media companies.
Analytics providers.
Internet cookie information recipients, like Google.

Your Rights and Choices

As applicable, certain state privacy laws provide their residents, respectively, with specific rights regarding their personal information. This section describes your these rights and explains how to exercise those rights if they are available to you under law.

Access to Specific Information and Data Portability Rights

You may have the right to request that we disclose certain information to you about our collection and use of your personal information. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, Correction, and Deletion Rights), we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting that personal information.
The categories of third parties with whom we disclose that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we disclosed your personal information for a business purpose, a list disclosing the categories that we disclosed for a business purpose and for each category identified, the categories of third parties to whom we disclosed that particular category of personal information.
If we sold your personal information, a list disclosing the categories that we sold and for each category identified, the categories of third parties to whom we sold that particular category of personal information.

Correct Specific Information.

You may have the right to request that we correct inaccurate personal information about you. Once we receive a and confirm your verifiable consumer request (see Exercising Access, Data Portability, Correction, and Deletion Rights), we will use commercially reasonable efforts to correct the information to comply with your request. Not all state privacy laws may afford this right to their residents.

Deletion Request Rights

You may have the right to request that we delete your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, Correction, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information , unless an exception applies.

We may deny your deletion request if retaining the personal information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Help to safeguard security and integrity of your personal information to the extent the use of your personal information is reasonably necessary and proportionate for those purposes.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.

Personal Information Sales and Sharing Opt-Out and Opt-In Rights.

Pursuant to applicable law, you have the right to direct us to not sell or share your personal information at any time (the “right to opt-out”). As used herein, “share” refers to sharing for purposes of cross-context behavioral advertising or targeted advertising, as contemplated under applicable law.

We do not have actual knowledge that we sell or share the personal information of individuals under 16 years of age. We will not sell or share the personal information of individuals we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the individual who is between 13 and 16 years of age, or the parent or guardian of an individual less than 13 years of age. Individuals who opt-in to personal information sales or sharing may opt-out of future sales or sharing at any time.

To exercise the right to opt-out, you (or your authorized agent) may submit a request to us by visiting this webpage: Do Not Sell or Share My Personal Information. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales or sharing. You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Please note that if you visit our website with the Global Privacy Control opt-out preference signal enabled, depending on where you are, we will automatically treat this as a request to opt-out for the device and browser that you use to visit the website. If we are able to associate the device sending the signal to a Shopify account, we will apply the opt out request to the account as well. To learn more about Global Privacy Control, you can visit https://globalprivacycontrol.org/. Other than the Global Privacy Control, we do not recognize other "Do Not Track" signals that may be sent from your web browser or device.

Exercising Access, Data Portability, Correction, and Deletion Rights

To exercise the access, data portability, correct, and deletion rights described above, please submit a verifiable consumer request to us by either:

Calling us at 888-519-7387.
Emailing cservice@instinctpetfood.com.

When you use a request method above, we will request certain information for verification purposes, such as your name, address, and e-mail address. We will use this information to verify this is a permitted request, such as by matching your name and address with information in our records. Depending on the type of request, we may require a certain number of data points to allow for verification.

Only you, or a person properly authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. If you use an authorized representative to submit a consumer request, we may require the authorized representative to provide proof that you gave the representative signed permission to submit the request. We may also require you to verify your own identity directly with us or directly confirm with us that you provided the authorized representative permission to submit the request.

The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative; and
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

If we deny your request, you may have the right to appeal our decision. Further, if you appeal and your appeal is denied, you may have the right to complain to your state’s attorney general. You may appeal your decision by contacting us at cservice@instinctpetfood.com.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days of receipt or within such other period permitted by applicable law. We endeavor to respond to a verifiable consumer request within 45 calendar days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing.

The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

You may make a consumer request for access or data portability free of charge twice within a 12-month period. Additional requests may be subject to a fee. We may charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your rights under law. Unless permitted by applicable law, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by applicable law that can result in different prices, rates, or quality levels. Any legally-permitted financial incentive we offer will reasonably relate to the value to us of your personal information and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website 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 cservice@instinctpetfood.com or write us at: Instinct Pet Food, 2 Cityplace Dr., Suite 400, St. Louis, MO 63141.

“Do Not Track” Signals

Do Not Track (“DNT”) is a privacy preference that users can set in their web browsers. At this time, our website does not support DNT codes.

International Transfers

Please note that we may transfer, store and process your personal information outside the country you live in.

If we transfer your personal information out of the European Economic Area or the United Kingdom, we will rely on recognized transfer mechanisms like the European Commission's Standard Contractual Clauses, or any equivalent contracts issued by the relevant competent authority of the UK, as relevant, unless the data transfer is to a country that has been determined to provide an adequate level of protection.

Changes to our Privacy Policy

We reserve the right to modify our Privacy Policy in the future as we deem necessary at any time. Any such modification will result in this Privacy Policy being modified to reflect this change on or before the date the change takes effect. Please refer to the online version of this Privacy Policy for the latest information regarding our privacy policy and practices. Your continued use of our Services following the posting of any modifications constitutes your acceptance of such modifications.

Limitations of Medical Information

The material available on all our Services is, without limitation, provided for informational and educational purposes only; it is not intended to take the place of advice from a licensed, practicing veterinarian. Only a practicing veterinarian who examines your pet can give effective veterinary advice or diagnose your pet’s medical problems. Your reliance on the information you get on any website is solely at your own risk. If your pet has a specific health problem, please contact your veterinarian immediately.

Your Consent to this Privacy Policy

By using the Services, you signify your assent to the terms of this Privacy Policy. If you do not agree with any terms of this Privacy Policy, you must not use the Services or submit any personal information to us.

Contact Information

If you have any questions or comments about this Privacy Policy or the ways in which we collect and use your information, please do not hesitate to contact us at: https://feedback.naturesvariety.com/clientform.php or Instinct Pet Food, 2 Cityplace Dr., Suite 400, St. Louis, MO 63141.

Last updated: July 7, 2026

Authorized Resale Policy

M.I. Industries, Incorporated dba Instinct Pet Food (“Instinct”) hereby adopts this Resale Policy (this “Policy”) and requires that each person, firm or entity (as applicable, a “Reseller”) that purchases Instinct’s products (the “Products”) for resale or other distribution agree to comply with this Policy.

All Resellers must contact Instinct to seek authorization to resell the Products and execute an Instinct Authorized Reseller Agreement, if authorized by Instinct in Instinct’s sole discretion. Any Reseller that fails to execute an Instinct Authorized Reseller Agreement and comply with this Policy will be deemed an unauthorized reseller of the Products. Instinct does not grant any unauthorized reseller any right to: (i) sell the Products; (ii) use Instinct’s intellectual property, including any of its trademarks or copyrights; or (iii) offer Instinct’s consumer warranty applicable to any of the Products.

Applicability. This Policy applies to all resales of the Products. Regardless as to where the Products were acquired, either directly from the Instinct, through an authorized distributor, or some other procurement method, a Reseller must comply with the terms of this Policy.
Sales to End Users Only. Unless otherwise agreed with Instinct in writing, Reseller may only purchase Products for resale to consumers and end user customers, and Reseller may not resell Products to other Resellers, distributors or for further distribution in any manner.
No Sales on Online Marketplaces. Without the Instinct’s express written consent, Reseller may not utilize Instinct’s trademarks or copyrights to advertise or sell the Products online on any e-commerce platform, specifically including, but not limited to, Amazon, eBay and Walmart. An authorized Reseller may sell Products on its own website so long as the Reseller complies with the terms of this Policy and any agreed contract terms at all times.
Handling and Storage. Reseller agrees to handle and store the Products in a safe manner and in compliance with Instinct’s storage and handling guidelines, as made available from Instinct from time to time. Reseller will ensure that any Products it purchased are stored in secure, climate-controlled warehouses. Reseller agrees to grant Instinct inspection and audit rights to ensure quality control standards and compliance.
Product Packaging and Display. Reseller shall sell Products in their original packaging. Relabeling, repackaging (including the separation of bundled Products or the bundling of Products), and other alterations to Products or their packaging are not permitted. Tampering with, defacing, or otherwise altering any serial number, UPC code, batch or lot code, SKU or other identifying information on Products or their packaging is prohibited. Reseller may not remove, translate, conceal or modify the contents of any label or literature on or accompanying the Products. Reseller shall not advertise, market, display, or demonstrate non-Instinct Products together with the Products in a manner that would create the impression that the non-Instinct Products are made by, endorsed by, or associated with Instinct. Reseller shall not advertise or market the Products in a way that creates a false designation of origin or false impression of affiliation with any third-party.
Trademarks; Copyrights. Resellers that comply with this Policy have a limited, non-exclusive, non-sublicensable, revocable license to use Instinct’s trademarks and copyrights in connection with the sale of the Products. Reseller agrees that all intellectual property rights and good will shall inure to the benefit of Instinct. Reseller shall not alter, modify, conceal or change any of Reseller’s trademarks or copyrights, whether registered or unregistered, as depicted on the Products or product packaging or packaging inserts, nor shall Reseller use any of Reseller’s trademarks or copyrights, whether registered or unregistered, other than for the promotion and sale of the Products as authorized by Instinct, nor shall Reseller use any trademark or copyright in any manner that negatively impacts Instinct’s trademarks or copyrights or the Instinct. Failure to comply with the Policy will result in the automatic revocation of the license granted herein and a total forfeiture of the rights granted herein. Instinct reserves the right to revoke this license at any time for any or no reason and seek all available remedies.
Locations / Reporting. Reseller agrees to track the Products it purchases and to store all such Products at locations in compliance with this Policy. At Instinct’s request, Reseller will provide Instinct with (a) a list of all storage locations utilized by Reseller, (b) an inventory of Products maintained at each such storage location, and (c) physical access for Instinct to perform an inventory to confirm the amounts and locations of Products at Reseller’s stated locations.
Product Inspection. Promptly upon receipt of the Products, Reseller agrees to inspect the Products for damage, defects, evidence of tampering, or other non-conformances (a “Defect”). If any Defect is identified, Reseller must not offer the Product for sale and must promptly report the Defect to Instinct.
Recall and Consumer Safety. To ensure the safety and well-being of the end users of the Products, Reseller agrees to cooperate with Instinct with respect to any Product recall or other consumer safety information dissemination efforts.
Customer Service. Reseller will maintain customer service phone and email response functions to handle customer complaints, returns and other customer service functions. At Instinct’s request, Reseller will provide any reports or other information related to such customer services.
Product Loss and Theft. If any significant quantity of Products purchased by Reseller are lost or stolen, Reseller will promptly report such event to Instinct.
Report Unauthorized Resellers. If Reseller has information or reasonably suspects that any person is purchasing and reselling or distributing Products in a manner not authorized by Instinct or in violation of this Policy, Reseller must promptly notify Instinct.
Support of Manufacturer’s Warranty. Reseller may extend to any proper end-user purchaser of the Products the original manufacturer’s warranty in accordance with its terms. Reseller may not modify or alter the original manufacturer’s warranty, represent or characterize the original manufacturer’s warranty in any misleading manner, or extend its own warranty with respect to the Products. Failure to comply with this Policy will result in the total forfeiture of Reseller’s right to offer Instinct’s consumer warranty.
Other Information, Documents and Reports. Reseller must provide Instinct with any supplemental information, documents and reports that Instinct may request in order to validate Reseller’s compliance with this Policy and to support Instinct’s warranty support and customer support obligations and initiatives.

RESELLERS WHO FAIL TO COMPLY WITH THE FOREGOING TERMS FORFEIT THE RIGHT TO SELL THE PRODUCTS.

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