Privacy Policy

Last Revised: July 2017

OUR PRIVACY COMMITMENT TO YOU

Smoothie Holdings, LLC and its subsidiaries and affiliated companies (collectively, “Smoothie Factory,” “we,” or “us”), operates a variety of websites or mobile applications, including smoothiefactory.com, the Smoothie Factory mobile application (“Application”), and any other site, mobile application, or online service where Smoothie Factory Terms and Conditions of Use are posted (collectively, the “Sites”), and is committed to protecting the privacy of our Site users (“Users”) and Factory Rewards® members (“Members”) [when available]. This notice applies only to information collected or submitted on the Sites.  To that end, we offer this privacy policy to inform our Members and Users (referred to individually, or collectively, as “you”) of how we collect, use and disclose your personal information (“Privacy Policy”).  Smoothie Factory strives to take reasonable steps to protect your personal information in accordance with this Privacy Policy and applicable laws. By using the Sites, you agree to the collection and use of your information as described herein regardless of whether or not you have read this Privacy Policy. If you do not agree to this Privacy Policy, do not access the Sites. We reserve the right to change the terms of this Privacy Policy and will post any changes on this page so that you are aware of what information we collect and how we use it. We encourage you to check this page regularly. Your continued use of any of the Sites following any changes will constitute your acceptance of such changes.

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.

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, 2811 McKinney Ave Ste 354, Dallas, TX 75204, to request that this information be deleted from our records.

DOES SMOOTHIE FACTORY USE COOKIE TECHNOLOGY?

Smoothie Factory may use cookie technology to make your use of the Sites more convenient and to support our internal business purposes. A cookie is a piece of information that is transferred to a User’s hard drive for record-keeping purposes. For example, our Sites may use cookies to remember your e-mail address so that you will not have to re-enter this information each time you visit the Site. Smoothie Factory may also use cookies to help track referrals from third party web sites. Most browsers are initially set up to accept cookies, but you can set up your browser to alert you every time a cookie is offered, letting you decide whether or not to accept it. You can use and visit the Site with cookies disabled, but you will not automatically be recognized by the Site upon re-visiting. However, cookies allow you to take full advantage of some of our Sites’ best features, so we recommend that you leave them turned on.

Some of our business partners may use cookies on our Sites (for example, advertising partners). However, we have no access to or control over these cookies, once we have given permission for them to set cookies.

WHAT OTHER MECHNAISMS 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.

We may use non-identifying and aggregate information about the Sites and Users for internal purposes and we may share it with third parties to illustrate trends and user demographics.  We may periodically remove from personal information data that can be used to identify individuals for example by summarizing, aggregating or removing certain data elements. The resulting cleaned data is no longer considered personal information and is not subject to this Privacy Policy. The cleaned data may be published by Smoothie Factory and provided to various third parties.

We may transfer your personal information in the event of a corporate sale, merger, acquisition, dissolution, or similar event.  We may also use and disclose your personal information to parties connected with the contemplated or actual financing, insuring, sale, assignment or other disposal of all or part of our business or assets, including for the purposes of determining whether to proceed or continue with such transaction or business relationship or fulfilling any records or other reporting requirements to such parties. We may require such parties to treat your personal information in accordance with this Privacy Policy and to use and disclose it only for the purposes for which it was collected.  Where permitted or required by law, Smoothie Factory may collect, use or disclose your personal information without your consent, for example in response to a court order or subpoena or to comply with a legally permitted inquiry by a government agency or protect the interests or safety of Smoothie Factory or other Users.

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?

By providing us with your personal information, you consent to our collection, use and disclosure of that information as described in this Privacy Policy as amended from time to time or as described at or before the time of collection, use or disclosure, as the case may be. Smoothie Factory is the owner of the personal information collected on our Sites. If you do not want your personal information to be collected, used or disclosed in this manner, please do not submit your personal information to us.

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, 2811 McKinney Ave., Ste. 354, Dallas, TX 75204. 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?

This Privacy Policy applies solely to information collected by Smoothie Factory. However, our Sites may contain links to other web sites owned and operated by third parties. The third parties who operate these sites may treat the collection, use and disclosure of personal information differently than we do. This could be the case even for those web sites that carry Smoothie Factory’s or its affiliates’ trademarks or logos or which are framed by our Sites. Please be aware that Smoothie Factory is not responsible for the data collection, use and disclosure practices of companies or organizations to which our Sites may provide links. We encourage our Users to be aware when they leave our Sites and to read the privacy statements of each and every Web site that collects personally identifiable information.

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.

HOW DO I CONTACT SMOOTHIE FACTORY REGARDING THE SITE AND THIS PRIVACY POLICY?

If Users have any questions or suggestions regarding our Privacy Policy, please visit smoothiefactory.com, select ‘Contact Us’ and complete the contact form. You may also mail your questions or suggestions to: Smoothie Holdings, LLC, Attn: Customer Service, 2811 McKinney Ave., Ste. 354, Dallas, TX 75204.

CALIFORNIA RESIDENTS

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, 2811 McKinney Ave., Ste. 354, Dallas, TX 75204. Please specify that you are requesting a “California Privacy Rights Notice.” We will make every effort to promptly respond to your request.

 

© 2017 Smoothie Holdings, LLC. All rights reserved.