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Privacy Policy

Smoothie King Franchises Inc. Privacy Policy

The following statement discloses the privacy practices of Smoothie King Franchises, Inc.., and its parent, affiliates, subsidiaries and related entities including, but not limited to SK USA Inc. and Smoothie King Co., Inc. (collectively, “Smoothie King” or “we” or “us”). We respect your privacy and are 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 through various channels such as our websites, mobile apps, visiting our stores and other interactions (collectively “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. By using our Services, you agree to this Privacy Policy and all applicable laws governing its use. Be sure to check this page periodically for updates, as your continued use of the Services signifies your acceptance of any changed terms. Smoothie King reserves the right to revise this Privacy Policy at any time and without notice. Any such revision will be effective immediately upon its posting on this website.

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 that we might ask you to complete for research purposes. Some information collected is about you but individually does not identify you, such as your age, occupation or place of residence and 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 the 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.

Purchasing Gift Cards. We may receive your contact information (e.g. name, address, phone number, email address) when you purchase a Smoothie King gift card. If you purchase a gift card, you are purchasing through Givex whose privacy policy can be found here: https://beta-wwws.givex.com/cws4.0/global-unix/cookies/privacy-en.html.

Order & Payment Data. When you make a purchase online, you will be re-directed to our PCI-compliant payment processor WorldPay Limited ("World Pay"). Any information that you provide directly to World Pay is governed by World Pay’s privacy policy, not this Policy found here https://online.worldpay.com/te.... Company does not receive your credit card, debit card or other financial information when you make a payment- such information is provided directly to World Pay. However, Company does receive information about your purchase and your contact information (e.g. name, email address, mailing address, phone number). Company will keep a record of your purchases. We may collect tax identification numbers you submit for tax-exempt purposes.

Marketing Communications; Opt-Out. If you opt-in to receive marketing communications from us, you must submit your name, email address, mailing address, and phone number. We use this data 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 [guestfeedback@smoothieking.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 of non-marketing communications, such as emails about your account or transactions.

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 and 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.

Applying to Work with Company. To submit job application materials online to work with Company, you will be redirected from our Site to a website operated by a third party. You may be required to create an account with that vendor. We encourage you to review the terms and privacy policy posted on that vendor's website since this Policy does not govern your use of that website. If you send us your job application materials directly, we will only use and share those job application materials to evaluate your qualifications to work with Company and its affiliates.

Sweepstakes & Contests. We may offer sweepstakes or contests. To participate you must submit certain data, which may include your name, email address, organization name and type, phone number, physical address, and other Personal Information. Data 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 Company.

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 examples, we may collect information such as the websites you visit before or after you visit the Site, pages you click-on 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 about you.

Cookies & Other Tracking Technologies.

What types of online tracking mechanisms do we use? We may use cookies, web beacons, pixel tags and other tracking technologies (collectively “Cookies”) on our Site.

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.

Why do we collect Cookies? We use Cookies to:

  • 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.

To learn more about how Google uses data, visit Google’s Privacy Policy and Google’s page on “How Google uses data when you use our partners’ sites or apps.” You may download the Google Analytics Opt-out Browser Add-on for each web browser you use, but this does not prevent the use of other analytics tools. To learn more about Google Analytics cookies, visit Google Analytics Cookie Usage on Websites.

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, cookies, and similar identifiers (e.g., pixel tags) 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. From time to time 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 remarketing services of Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”) on our website. We use Facebook Custom Audiences to deliver targeted advertisements to website visitors on Facebook based on email addresses that we have collected. You may learn more about Facebook Custom Audiences by visiting https://www.facebook.com/help/381385302004628/. To learn more about Facebook's Privacy Policy including their services and your rights, please click here https://www.facebook.com/privacy/explanation.

To change your preferences with respect to certain online ads or to obtain more information about ad networks and online behavioral advertising, visit 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.

Video Content. The Site contains videos and embedded content provided by Company and other parties, including visible content and/or feeds scripts embedded in the Site's code. Company and such other parties may collect data about how you interact with such content. For example, YouTube may collect usage data on videos embedded on the Site as described in YouTube’s Privacy Policy. By watching the videos and interacting with such content, you agree to the collection and use of such data. Even if you do not watch videos, YouTube may still collect certain information about your interactions with our Site if you are signed into your YouTube account or Google account when accessing our Site. YouTube, LLC is owned by Google. Please see Google's Privacy Policy for more information.

Mapbox. The Site contains maps provided by third parties and/or service providers for your convenience. Company and such other parties may collect data about how you interact with the maps. For example, Mapbox may collect usage data on maps embedded on the Site. Please see Mapbox's Privacy Policy for more information.

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 (e.g., adding address data), improves our ability to contact you, and enhances our marketing capabilities.

USE OF INFORMATION

We will not sell the information to any unaffiliated third parties in any way not described in this statement, or authorize any of our third party partners to sell any such personal information. We only gather personal information as disclosed in this policy. We do not explicitly authorize third parties unaffiliated with Smoothie King to make independent use of your information for their own purposes, such as for direct marketing.

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 a guest 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. We do not make any of the information collected available to third parties other than solely on our behalf.

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

We may share your information between and among Smoothie King, its parent, subsidiaries, franchisees, licensees, lenders, affiliated companies, investors and/or third party service providers. Smoothie King may share your information with vendors who provide services to us, such as fulfilling orders, managing promotions, contests, and sweepstakes, and carrying out research and analysis. We may share your information for marketing purposes. If we decide to sell or transfer all or part of our business, we may share your information to anyone involved in the sale or transfer. 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. 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.

AGE RESTRICTIONS

We love having your children visit our websites 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 parents register any Smoothie King Gift Cards purchased for their children in the name of the 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 personally identifiable information or otherwise made posts to this website, the parent or guardian should contact us so that we can delete such information.

SOCIAL MEDIA

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.

The Site allows you to connect and share data with Social Media platforms. These features may require us to use cookies, plug-ins, and APIs provided by such Social Media platforms to facilitate those communications and features. The Site may use advertising networks and services offered by Social Media platforms to deliver advertising content. Use of these services requires Social Media platforms to implement cookies or pixel tags to deliver ads to you while you access the Site.

Your use of Social Media is governed by the privacy policies and terms of the providers that own and operate those websites and not by this Policy. We encourage you to review those policies and terms.

DATA SECURITY

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.

CONTROLLING YOUR PERSONAL INFORMATION

We will use reasonable efforts to keep your personal information private except as otherwise provided in this Privacy Policy. We will not share the personal information with any unaffiliated third parties, unless such disclosure is necessary to (a) comply with a court order or other legal process, (b) protect your rights or our property; or (c) enforce the Legal Statement of this website. You can also request access to, correct or delete any personal information that you have provided to us. You can control your personal data that Smoothie King has obtained, and exercise your data protection rights, by contacting Smoothie King at the following link: privacy@smoothieking.com. Although we take reasonable measures to safeguard against unauthorized disclosures of personal information, we cannot assure you that personally identifiable information that we collect will only be disclosed in a manner that is consistent with this Privacy Policy.

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. In this Section only, any capitalized terms not defined in this Policy have the meanings set forth in the California Consumer Privacy Act of 2018 (the “CCPA”).

Categories Of Personal Information Sold

  • Category A: Identifiers

  • Category B: Customer Records

  • Category C: Protected Classifications

  • Category D: Commercial Information

  • Category F: Internet Activity

  • Category G: Geolocation Data

  • Category I: Employment Information

  • Category J: Education Information

  • Category K: Inferences

Categories Of Personal Information Disclosed For A Business Purpose

In the last 12 months we disclosed the following categories of Personal Information for our Business Purposes, where “Business Purposes” has the definition set forth in the CCPA. See the section above titled “Categories of Personal Information We Collect” for more detail on the type of Personal Information in each category.

  • Category A: Identifiers

  • Category B: Customer Records

  • Category C: Protected Classifications

  • Category D: Commercial Information

  • Category F: Internet Activity

  • Category G: Geolocation Data

  • Category I: Employment Information

  • Category J: Education Information

  • Category K: Inferences

Your Rights to Access and Deletion.

California residents have certain rights under the CCPA, such as the right to request certain information or request deletion of their personal information. Subject to certain limitations such as (a) exceptions permitted by applicable law and (b) verification of your identity, California residents may exercise the following rights with regard to their Personal Information:

Right to Access. You have the right to access any of the following which occurred in the prior 12-month period: (a) the categories of Personal Information we collected from you, (b) the categories of sources from which the Personal Information was collected, (c) the business or commercial purpose for collecting or Selling your Personal Information, (d) the categories of third parties with whom we shared your Personal Information, (e) the specific pieces of Personal Information we collected from you (i.e. "data portability"), and (f) a list of categories of Personal Information we Sold or disclosed for a Business Purpose in the last 12 months.

Right to Deletion. You have a right to request that we delete Personal Information we collected from you. We will comply with such request, and direct our service providers to do the same, subject to certain exceptions permitted by applicable law.

How to Exercise Your Rights of Access and Deletion. To exercise your California rights described in this Section, you may submit your request to us by contacting us at any of the following:

https://www.smoothieking.com/contact-us

privacy@smoothieking.com

More on Submitting a Request to Delete. You may submit your request to delete here: https://www.smoothieking.com/contact-us

Who May Exercise Your Rights. If you are a California resident, only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a request related to your Personal Information. See the section titled "Using an Authorized Agent" for more information. A parent or legal guardian may make a request on behalf of their child.

Verifiable Consumer Request. In order to verify your request, you must provide sufficient information to allow us to reasonably verify you are the person about whom we collected Personal Information, and you must describe your request with sufficient detail to allow us to properly understand, evaluate, and respond to your request.

When we receive your request to exercise your rights under the CCPA: (a) we will acknowledge receipt of your request; (b) we will try to match the information you provide in making the request with information we already maintain about you; (c) if required to verify your identity, we may ask you to provide additional information, including personal information; (d) we will consider various factors when determining how to verify your identity, such as the sensitivity and value of the data, the risk of harm, the likelihood of fraud, etc.

We will only use Personal Information we collect during the verification process for the purpose of verifying your identity. If you maintain an account with us, we may use that account to respond to your request and/or verify your identity. If we are unable to verify your identity as required by applicable laws and regulations, we will decline to comply with your request, and let you know why.

When We Will Respond. We will try to respond to your request for access or deletion within 45 days. If we require additional time, we will inform you of the reason and extension period. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. For data portability requests, we will select a format to provide your Personal Information to you. We may charge a fee to process or respond to your request if it is excessive, repetitive, or manifestly unfounded.

Your Rights to Opt-Out of the Sale of Personal Information. California residents may direct us not to Sell their Personal Information at any time (this is your right to “opt-out”). You may submit your opt-out request here: [ttps://www.smoothieking.com/contact-us. Other ways you may opt-out include emailing your request to privacy@smoothieking.com.

Non-Discrimination. California residents have the right to not receive discriminatory treatment for exercising any of their rights under the CCPA. If we choose to offer a financial incentives program in the future, additional terms will apply which may be an exception to this Section.

Using an Authorized Agent. You have a right to submit requests to exercise your rights under the CCPA through an authorized agent. An authorized agent must be registered with the Secretary of State in California to conduct business in California. If you choose to use an authorized agent, you must either (a) verify your identity directly with Company, or (b) directly confirm with Company that you granted permission to the authorized agent to submit the request on your behalf. For clarity, you are required to verify the identity of both yourself and the authorized agent.

We may deny a request from an authorized agent if we do not have proof that they are authorized by you to act on your behalf.

Furthermore, a parent or legal guardian may make a request on behalf of their child.

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.

1. CONTACT US

    If you have any questions you may contact us as set forth below:

    Smoothie King
    Attn: Smoothie King Digital Committee
    Address 9797 Rombauer Road, Suite 150, Dallas, Texas 75019

    https://www.smoothieking.com/contact-us

    privacy@smoothieking.com