OUR PRIVACY COMMITMENT TO YOU
THE INFORMATION WE COLLECT
There are several types of information we collect on the Sites. On some pages, you can voluntarily provide personally identifiable information such as your name, e-mail address and phone number when you contact us with an inquiry, request, or suggestion, provide feedback on our products, participate in a marketing program, sweepstake, contest or survey, respond to an offer, or register to receive promotional materials. If you are interested in applying for a job at Smoothie Factory®, we may collect your resume. Holders of any Factory Rewards® loyalty and Smoothie Factory®® gift card may voluntarily register their cards on the Sites. When you purchase, register or reload (as applicable) your Factory Rewards loyalty and Smoothie Factory® gift card, we may collect the personally identifiable information listed above, financial information (credit card numbers, credit card expiration dates, etc.), and user profile and preferences information. After you have registered your e-mail address on the Sites and if you have signed into the Sites with your email address and password, or with other shared methods of authentication such as your Facebook® account, Smoothie Factory® may collect Site behavior and browser information as you navigate through the Sites. This information may be used to create a profile that we keep on individual Users that details their preferences, personal information and behavior. Consequently, collected information may be tied to the User’s personally identifiable information and may be used to provide offers and improve the content of the Sites for the User. This profile may also be used to tailor a User’s visit to our Sites, and to direct pertinent marketing promotions to the User.
We may also collect personal information from other sources. For example, we may purchase third party marketing data and add it to our existing databases of User and Member information to better target our advertising and provide pertinent offers we think our Users and Members would be interested in. We use this information to enhance or overlay the ‘profile’ of individual Users. This aggregate marketing data may therefore be tied to the User’s or Member’s personally identifiable information.
We do not knowingly collect personally identifiable information from visitors to the Sites who are under 13 years of age.
INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARK NOTICE
The Sites and its contents, including but not limited to, all Site software, design, text, editorial materials, information, data, photographs, visual interfaces, user interfaces, images, graphics, illustrations, video, sound, games, clips, artwork, hyperlinks, displays, and other materials, (all such content collectively referred to as “Content”), and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, are protected under United States and international copyright laws and are the property of Smoothie Factory® or its third party licensors. All rights are reserved by Smoothie Factory®. The Smoothie Factory® name, design and related marks are registered trademarks of Smoothie Holdings, LLC. All other names, logos, splash screens, page headers, custom graphics and button icons, or other indicia of origin displayed on the Sites are either service marks, names, logos, trademarks, service marks, trade dress, or are otherwise the property (collectively, “Marks”) of Smoothie Factory® or its third party licensors.
HOW DOES Smoothie Factory® HANDLE INFORMATION FROM CHILDREN?
Please note that Smoothie Factory® has no intention of collecting personal information from individuals under the age of 13 (“children”). We are committed to protecting children’s privacy on the Internet and we comply fully with the Children’s Online Privacy Protection Act (COPPA). Where appropriate, we will instruct children not to provide such information to us. If a parent becomes aware that a child has provided us with personal information, we ask that the parent or legal guardian of the child contact us via the Contact Us section of the Sites, or in writing to Smoothie Holdings, LLC, Attn: Online Privacy, 14860 Montfort Drive, Suite 150 PMB 34, Dallas, TX 75254, to request that this information be deleted from our records.
DOES Smoothie Factory® USE COOKIE TECHNOLOGY?
WHAT OTHER MECHANISMS DOES Smoothie Factory® USE TO TRACK USER BEHAVIOR?
Some Site web pages and HTML-formatted e-mails and e-newsletters may use web beacons to compile statistics about Web Site usage. A web beacon is an electronic image, called a single-pixel (1×1) or clear GIF. Web beacons can recognize certain types of information on a visitor’s computer, such as a visitor’s cookie number, time and date of a page view, and a description of the page where the Web beacon is placed. You may render some web beacons unusable by rejecting their associated cookies.
Smoothie Factory® and its third party vendors may use web beacons to track and analyze non-personally identifiable usage information and to compile statistical information about Users in order to improve the Sites’ quality and to support our business. All data collected on behalf of Smoothie Factory® is owned and used by Smoothie Factory®. Smoothie Factory® reserves the right to publish non-personally identifiable, summary information regarding its Users for promotional purposes and as a representative audience for business partners.
We may also collect information in log files that include data such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We and our business partners may use this information to analyze trends, administer the Site, track User’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
THE WAY WE USE INFORMATION
We may sell or disclose your personally identifiable information to third parties for direct marketing purposes without providing you an opportunity to opt out or otherwise prohibit such use. Smoothie Factory® uses the personal information you provide for the purposes for which it was provided, for example, to support a Factory Rewards® program; to notify you that you have won a contest or sweepstakes; to respond to your inquiries or complaints; or to contact you or send you information about your membership. In addition, Smoothie Factory®, its subsidiaries and their franchisees may share and use information collected through the Sites to administer and manage our business, including, for example, to address customer complaints; for account maintenance purposes; in connection with information technology services; to detect, prevent, or investigate security breaches or fraud; and to maintain appropriate records for internal administrative purposes. Personal information may also be used to create a profile that we keep on individual Users that details their preferences and behavior. This profile may be used to develop and improve the products, benefits and services that Smoothie Factory®, its subsidiaries and their franchisees, and business partners offer to our Members or Users, to operate, improve, service and maintain the Sites and the associated user experience, and to develop pertinent marketing promotions to Users and Members. Further, we may access, use or disclose your personally identifiable information to provide targeted e-mails, text messages, surveys, or promotional offers to you; analyze the Sites to make it more effective; or for other general internal business purposes. If you opt in, we may send you promotions, special offers and alerts to you via text message. You may opt out to stop receiving these text messages at any time.
In connection with any Factory Rewards® loyalty and Smoothie Factory® gift cards, we will use the information collected to create an easy-to-use and convenient way to process your transactions and provide you information about your Factory Rewards® loyalty and Smoothie Factory® gift card balances. Financial information is not used for any other purpose than billing.
We may use third party contractors to help us operate our business and the Sites or administer activities on our behalf, such as authorize credit card transactions. We may share your personally identifiable information with these contractors for those limited purposes.
Please note that if you disclose your personal information in a manner that will be posted publicly, such as in a product review or photograph you post on our Sites, or share with others through media sharing applications such as Instagram®, Pinterest® or Tumblr®, your posting will be seen by others. In addition, if you elect to participate in certain community features offered from time to time, selected information about you may be shared with other participants in these community features. Also, Smoothie Factory® may make it possible for certain third party web sites to be accessed directly from our Sites and for selected information about you to be provided to these third party web sites if you are also a user of these third party web sites. If a third party web site allows other users to view information about you (e.g. through posting to a publicly available profile page), the information provided by Smoothie Factory® will be visible to other users of the third party web site.
WHEN WILL I BE CONTACTED BY Smoothie Factory®?
You may receive products and communications associated with your transactions with Smoothie Factory®, such as purchases, sweepstakes and contests. You may also receive communications from Smoothie Factory® related to transactions that appear to be from you or which appear to be fraudulent. You may be contacted in regards to an issue on your account or in response to a customer service contact initiated by you or in response to a specific request from you such as clicking on a “forgot my password” link. Any administrative communications also may be accompanied by information about products and services, special offers and upcoming promotions or events offered by Smoothie Factory®, our subsidiaries and their franchisees or our marketing partners that we think may be of interest to you (“direct marketing”).
You may periodically receive from Smoothie Factory®, its subsidiaries and their franchisees unsolicited direct marketing communications by mail (delivered via the United States Postal Service). Smoothie Factory® and its subsidiaries and their franchisees aspire to send standalone direct marketing e-mail communications to you only if you have previously opted in to receiving such communications. We support the option to not receive these types of communications. Please see the following section: How Can I Opt Out of Receiving Direct Marketing from Smoothie Factory®?
HOW CAN I OPT OUT OF RECEIVING DIRECT MARKETING FROM Smoothie Factory®?
If you would prefer that Smoothie Factory® not use your personal information for standalone direct marketing communications, subject to legal, or contractual restrictions and legal notice, you may opt out of such uses and/or disclosures by (a) checking the appropriate “Opt Out” box in any applicable e-mail communication or e-newsletter, (b) visiting smoothiefactory.com, selecting ‘Contact’ and completing the contact form, or (c) writing to us at Smoothie Holdings, LLC, Attn: Online Customer Service, 14860 Montfort Drive, Suite 150 PMB 34, Dallas, TX 75254. Once you have opted out, your subsequent registration for our direct marketing services and promotions, such as our sweepstakes and contests may void, temporarily or permanently, your prior elections to opt out of receiving direct marketing communications from Smoothie Factory®. Please consult the applicable rules of the promotion or service before participating. Note that when you elect to opt out, we do not delete your personal information.
E-mails that are sent to you as a result of you performing a business transaction with us or requesting specific information from Smoothie Factory® are not subject to an “Opt Out” process. If you have any suggestions on how to improve these e-mails, please let us know by using the Contact Us functionality on the Site. We appreciate your feedback but cannot commit to taking action.
HOW DOES Smoothie Factory® PROTECT YOUR PERSONAL INFORMATION?
Smoothie Factory® aspires to take reasonable measures to protect the personal information it collects, uses, stores or discloses. We aspire to implement physical, technological and organizational procedures designed to protect the integrity and security, and to ensure the appropriate use, of your personal information. These procedures are proportional to the nature, sensitivity and format of the personal information collected, used, stored or disclosed by Smoothie Factory®. For example, Smoothie Factory® uses Secure Sockets Layering (SSL) to encrypt your financial information, including your credit card number, before it travels over the Internet. SSL technology is the industry standard for secure online transactions.
WHAT ABOUT LINKS TO OTHER WEB SITES?
HOW CAN I ACCESS OR CORRECT MY PERSONAL INFORMATION?
If a User’s personally identifiable information changes (such as zip code, phone, e-mail or postal address), or if a User no longer desires our services, we provide a way to correct, update or deactivate Users’ personally identifiable information. You can review or change some of your personal information by visiting the Site, entering your e-mail address and password and accessing the “My Account” area of the Site. Please note that in most cases, Smoothie Factory® will retain the previously entered data, and may even be prohibited by law from expunging certain data from its systems.
If you are a California resident, you can request a notice disclosing the categories or personal information we have shared with third parties, if any, for the third parties’ direct marketing purposes. To request a notice, please submit your request by mail to: Smoothie Holdings, LLC, Attn: Customer Service, 14850 Montfort Drive, Suite 131, Dallas, TX 75254. Please specify that you are requesting a “California Privacy Rights Notice.” We will make every effort to promptly respond to your request.