Effective Date: February 1, 2019, Last Updated November 17, 2022
If you use this website, you must comply with our Term of Use (“Terms”) found https://www.smoothieking.com/terms-of-use
IF YOU ARE A CALIFORNIA RESIDENT, PLEASE SEE BELOW FOR ADDITIONAL TERMS THAT MAY APPLY TO YOU.
1. INFORMATION COLLECTION
We collect several types of information from and about users of our Services. Information collected may include contact information, demographic information and opinions, including information by which you may be personally identified, such as name, postal address, e-mail address, user ID, telephone number, payment information or any other identifier by which you may be contacted online or offline ("Personal Information"). This includes information provided when you enter a contest or promotion sponsored by us, when you report a problem with our Services, if you contact us or if you respond to surveys for research purposes. Some information collected does not individually identify you, such as your age, occupation, place of residence, information about your internet connection, the equipment you use to access our Services, and usage details. We collect this information directly from you when you provide it to us, automatically as you navigate through our Site or from third parties, for example, our business partners.
We may collect all categories of Personal Information listed above from the following categories of sources:
SOURCE 1: WE COLLECT PERSONAL INFORMATION DIRECTLY FROM YOU.
We collect Personal Information that you provide directly to us. Personal Information is required to use certain Site features, for example, to create online accounts, purchase products or services, contact us via email, phone, or our Contact Us form (where we may retain the content of your message and our response), submit job application materials, receive or request data from us (e.g., catalogs and newsletters), and respond to communications from us (e.g., surveys and promotional offers).
Accounts. To create an online account through our Site, you must submit your name and email address, and create a password. This data is used to populate a profile within your account.
Order & Payment Data. When you make a purchase online, we use third party PCI-compliant payment processors to help us facilitate payment. We have contracted with both WorldPay Limited ("World Pay") and ParTech, Inc. (“ParPay”) to process payments made to Smoothie King.Smoothie King does not receive your credit card, debit card or other financial information when you make a payment- such information is provided directly to either World Pay or ParPay. However, Smoothie King does receive information about your purchase and your contact information (e.g., name, email address, mailing address, and phone number). Smoothie King will keep a record of your purchases. We may collect tax identification numbers you submit for tax-exempt purposes.
If you sign up to receive marketing communications from us, you submit information such as your name, email address, mailing address, and/or phone number. We use this information to send you promotional and other electronic and hardcopy communications. We may use third-parties or service providers to deliver communications to you. You may opt-out of such marketing emails by using the unsubscribe link in the email or contacting us at email@example.com with “Unsubscribe” in the subject line. To opt-out of other communications (e.g., postal marketing and telemarketing), please contact us as set forth below. Opting out of marketing communications does not opt you out transactional communications, such as emails about your account or purchases.
Feedback. When you provide comments or feedback about our Site, the content on the Site, or our products or services ("Feedback"), we will not treat that Feedback as confidential. We may use that Feedback for any purpose in our sole discretion so long as it does not personally identify you. Feedback will be used without attribution or compensation to you.
Sweepstakes & Contests. We may offer sweepstakes or contests. To participate you must submit certain information, which may include your name, email address, organization name and type, phone number, physical address, and other Personal Information. Information collected via sweepstakes and contests will be (i) used to contact you with promotional and related communications, (ii) shared with third parties and/or service providers, and (iii) subject to additional terms provided to you at such time.
Business Contracts with Us. When a business contracts directly with us for the purchase of our products or services, we may collect the business contact information of those involved. The processing of any information provided in such a business context is governed by the contracts between that business and Smoothie King.
SOURCE 2: WE COLLECT PERSONAL INFORMATION AUTOMATICALLY.
We automatically collect certain information from you when you access our Site.
Automated Data. We automatically collect certain Personal Information from you when you access our Site. For example, we may collect information such as the websites you visit before or after you visit the Site, pages or links that you interact with on the Site, IP address, location information, search requests, browser type, operating system, data and time you visit the Site, the amount of time spent on the Site, and the device you use to access the Site.
Account Activity. We may collect data about how you use (i) your online account, and (ii) the Site when you are logged into your account. We may combine data automatically collected from you with other Personal Information.
Cookies & Other Tracking Technologies.
What are cookies and web beacons / pixel tags? A cookie is a small text file that our Site saves onto your computer or device when you use the Site that provides us certain information about your activities. Cookies allow the Site to remember your actions and preferences and recognize you or your browser. Web beacons / pixel tags are small graphics on a webpage that monitor your activity when viewing a webpage.
- make our Site function properly;
- provide personalized experiences;
- tailor our interactions with you;
- help with our marketing efforts;
- provide us with valuable data and statistics about the usage and effectiveness of our Site and to help us improve our Site; and
- help us improve our services.
What type of information do Cookies collect? The Cookies on our Site may collect information such as:
- the IP addresses assigned to the computers and other devices you use;
- your internet service provider;
- the device ID number;
- approximate geographic location;
- the Site pages visited or clicked on;
- the date and time you visited the Site, and the amount of time spent on the Site;
- your operating system, browser type, search requests, and other similar information;
- the websites you access before and after visiting the Site, and
- data related to how and when you use the Site.
We may combine information from Cookies with Personal Information, including data obtained from other sources.
How long do Cookies last? A Cookie can either be a “session” Cookie or a “persistent” Cookie. Session Cookies exist only for so long as you are visiting the applicable Site and are typically deleted when you exit your web browser. Persistent Cookies exist for a set period of time, for example, up to several months or years. Each time you visit a Site that has implemented a persistent Cookie, the persistent Cookie is renewed, and that Cookie will remain active until its predetermined expiration date. You can manually delete persistent Cookies through your browser settings.
First-party versus third-party Cookies. Cookies may either be “first-party” or “third-party” Cookies. A first-party Cookie allows your web browser to talk to the actual Site that you are visiting (i.e., this Site). A third-party Cookie allows your web browser to talk to a third-party website, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. We do not have control over how information gathered by third-party Cookies is used by third parties.
How do you manage Cookies or opt-out? Most browsers automatically accept Cookies. You can disable this function by changing your browser settings but disabling Cookies may impact your use and enjoyment of the Site. Not all features or functions of the Site may work properly if you disable Cookies. You cannot disable all Cookies, such as Cookies that are essential to the functioning of the Site.
Google Analytics. We use Google Analytics to collect and process information about your use of the Site. Google sets Cookies on your browser or device, and then your web browser will automatically send information to Google. Google uses this information to provide us with reports that we use to better understand and measure how users interact with our Site.
We may also implement additional add-on services to Google Analytics.
Online Behavioral Advertising. We use third parties and/or service providers to provide interest-based advertising services. These services may serve advertisements on our behalf that are customized based on predictions about your interests generated from your visits to websites (including this Site) over time and across different websites. The data collected may be associated with your Personal Information. These advertisements may appear on the Site and on other websites and may be sent to you via email.
Google AdWords. We also use Google AdWords, an online advertising service provided by Google, to serve ads on our behalf across the Internet and sometimes on the Site. Google uses your Internet searches and Cookies to collect anonymous information about your visits to the Site and your interaction with our products and services to generate targeted advertisements to you on other websites that you visit across the Internet. To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Site.
Advertising Networks, Personalized Advertising, Remarketing and Retargeting. The Site may use or participate in advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms. These services collect anonymous information about your visits to and interactions with the Site and other websites and will use that information to target advertisements for goods and services. The information collected may be associated with your Personal Information. These targeted advertisements may appear on the Site or on other websites. Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of Internet browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Site and other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and a website.
We use the services of Facebook, a product of Meta Platforms Inc., 1601 Willow Road, Menlo Park, CA 94025, USA (“Meta”) on our website. We use Meta Custom Audiences to deliver targeted advertisements to website visitors on Facebook based on email addresses that we have collected. You may learn more about Custom Audiences by visiting https://www.facebook.com/business/help/744354708981227?id=2469097953376494.
To change your preferences with respect to certain online ads or to obtain more information about ad networks and online behavioral advertising, visit the National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Changing your settings with individual browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads. Opting-out of targeted advertising does not opt you out of all ads, just those targeted to you.
SOURCE 3: WE COLLECT PERSONAL INFORMATION FROM THIRD-PARTY SOURCES.
We obtain data about individuals from various third-party companies and public sources, and we may combine that data with Personal Information or other data we collect. This enhances our existing data about our users, improves our ability to contact you, and enhances our marketing capabilities.
2. USE OF INFORMATION
We may at any time administer surveys, hold contests, or supply special offers to our database of users who have elected to let us contact them by e-mail, text messaging, direct messaging, or through social media. Participation in any of these on-line programs is voluntary, and you will always have the option to not supply information and/or opt out of programs. Information may be used by third parties working on our behalf to respond to a request or contact individuals if they have won a contest, send special offers, or help us to determine the likes and preferences of consumers to better enhance our food, stores, overall customer experience, websites, and marketing.
The information collected may be combined with other information collected about you and may be used to help us better understand and serve our customers including, without limitation to, responding to your requests for information and/or services, providing you with information about new products or services, enhancing our customers’ and website users’ experiences in our locations or on this website and conducting research and analysis and to otherwise measure the effectiveness of Smoothie King’s online and offline marketing efforts.
We may use the information we collect about you to:
- Process your purchases of or requests for our products and services;
- Communicate with you about orders, purchases, accounts, services, contests, and sweepstakes;
- Respond to your customer service inquiries and requests for information;
- Inform you about our brands, products, events, or other promotional purposes;
- Maintain, improve, and analyze our websites, mobile applications, ads, and the products and services we offer;
- Detect, prevent, or investigate security breaches, fraud or other crime;
- Maintain appropriate records for internal administrative purposes;
- Deliver gift cards in accordance with your instructions; and/or;
- Comply with applicable law.
SHARING OF INFORMATION
Employees and Affiliates. We may share your information between and among Smoothie King, its parent, subsidiaries, franchisees, licensees, lenders, affiliated companies, and investors.
Professional Advisors. We may share Personal Information with our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to Smoothie King.
Third Parties and/or Service Providers. Smoothie King may share your information with vendors who provide services to us, such as fulfilling orders, managing promotions, contests, and sweepstakes, carrying out research and analysis or for marketing purposes. For example, we may share Personal Information with vendors to help us host and manage the Site; provide targeted advertising and other marketing; improve the content and functionality of the Site; perform data analysis and statistical analysis; troubleshoot problems with the Site; provide payment processing services and online storefronts; provide public relations; provide learning management systems; provide email services; provide data processing; and support or provide the security of the Site.
Change in Ownership. If a sale or transfer of all or part of our business occurs, we may share your information to anyone involved in the sale or transfer.
Use and Disclosure of De-Identified or Aggregated Information. Smoothie King may share your information when it does not directly identify you. For example, we may share anonymous, aggregated statistics about your use of our online services.
Government Officials/Law Enforcement. We may share your information as necessary if required by law, to bring or defend legal claims, or to protect the rights, interests, safety and security of our organization, our employees or partners, or our customers.
We love having your children visit our Site with you. However, child privacy law states you cannot provide us with Personal information if you are under the age of 13. If you do provide us with Personal Information, you represent that you are at least 13 years old. We ask that purchasers register any Smoothie King gift cards purchased for children in the name of their parent or guardian.
We do not knowingly request, solicit or collect Personal Information from any person we know to be under the age of 13. In the event that we receive actual knowledge that we have collected or received Personal Information from anyone under the age of 13, we will immediately delete that information from our database as soon as practicable. If a parent or guardian becomes aware that his or her child has provided Personal Information or otherwise made posts to this website, the parent or guardian should contact us as set forth below so that we can delete such information.
We are active on social media, including Facebook, YouTube, Twitter, Instagram, TikTok and LinkedIn (“Social Media”). Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Site and our Social Media pages any comments or content that you post on our Social Media pages.
We use commercially reasonable technical and organizational measures to help secure Personal Information against loss, misuse, and alteration appropriate to the type of Personal Information processed. If a breach of your Personal Information occurs, we will notify you of the breach if required under applicable law.
YOU UNDERSTAND THAT NO DATA TRANSMISSION OVER THE INTERNET OR DEVICE CAN BE GUARANTEED TO BE 100% SECURE. WHILE WE STRIVE TO PROTECT PERSONAL INFORMATION, WE DO NOT GUARANTEE THE SECURITY OF PERSONAL INFORMATION AND YOU PROVIDE PERSONAL INFORMATION AT YOUR OWN RISK.
ACCESS FROM OUTSIDE THE UNITED STATES
If you access the Site from outside the United States, please be aware that Personal Information may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Personal Information in the United States to be equivalent to that required in other jurisdictions.
CONTROLLING YOUR PERSONAL INFORMATION
Your Personal Information Rights
You may have certain rights under applicable law to:
- Confirm whether or not Smoothie King is processing any of your Personal Information and to access such Personal Information;
- Correct inaccuracies in the Personal Information we have collected relating to you;
- Delete Personal Information provided by or obtained about you;
- Obtain a copy of the Personal Information and request data portability; and
- To opt out of the processing of your Personal Information under certain circumstances, including (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
- Appeal a decision made by Smoothie King regarding your personal information by emailing firstname.lastname@example.org .
You may request to exercise the rights described in this Section, by contacting us at any of the following:
As required or permitted under applicable law, we may take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. We may limit our response to your exercise of the above rights as required or permitted under applicable law.
CALIFORNIA PRIVACY RIGHTS
This Section provides additional terms that apply to residents of California. In the event of a conflict between this Section and the remainder of this Policy, this Section shall take precedence for California residents.
Shine the Light. Pursuant to California Civil Code Section 1798.83, if you are a California resident, you have the right to obtain: (a) a list of all third parties to whom we may have disclosed your Personal Information within the past year for direct marketing purposes, and (b) a description of the categories of Personal Information disclosed, by contacting us per the “Contact Us” Section below.
California’s “Do-Not-Track” Requirement. We currently do not respond to “do not track” requests.
If you have any questions you may contact us as set forth below:
Attn: Smoothie King Digital Committee
Address 9797 Rombauer Road, Suite 150, Dallas, Texas 75019