Privacy Statement

Privacy Statement

Updated: March 25th, 2021

This Privacy Statement («Statement») applies to the website located at www.smoothiefactory.co.uk. In this Statement, the terms «Smoothie Factory,» «we,» and «us» refer to Smoothie Factory (UK & I) Limited. The term your device refers to any computer, tablet, smart phone or other device you are using to access our website or to operate the Smoothie Factory mobile applications. Websites that are owned and operated by Smoothie Factory (UK & I) Limited may contain links to websites that are owned and operated by other companies. This Statement does not apply to websites and services that are owned and operated by third parties.

This Statement came into effect on the date indicated at the top of this webpage. We may update this Statement from time to time. If we make material changes, we will post the updated Statement on this page and change the date at the top of this Statement webpage. We encourage you to look for updates and changes to this Statement by checking this date when you access our websites and mobile applications. We will notify you of any modifications to this Statement that might materially affect the way we use or disclose your personal information prior to the change becoming effective by means of a message on this website.

INFORMATION WE COLLECT

As you use our website and mobile application or visit one of our stores, we collect information about you and the services you use. The information we collect falls into three different categories: (1) information you give us; (2) information we collect from you automatically; and (3) information we collect from other sources. Some examples of when we collect this information include when you browse or make a purchase on one of our websites; submit information on our website for a discount offer; use our website or mobile application to purchase, reload or redeem a Smoothie Factory Gift Card; use the remote order and pay functionality in our mobile application; or participate in a survey or promotion.

INFORMATION YOU GIVE US

Some information we collect is provided when you use our services. This may include your first and last name, username, password, email address, postal address, phone number, financial account information such as a credit card number, birthday, demographic information (such as your gender), and any other information you give us. You may also provide us information about other people, including when you direct us to send a Gift Card.

INFORMATION WE COLLECT AUTOMATICALLY

Some information is collected by us automatically, including when you access our websites, download and use our Smoothie Factory mobile application or otherwise use our services or install our applications. This information includes:

Purchasing Information

– We may collect information about your transactions in our stores, on our website or via our Smoothie Factory mobile application including what products you purchase, how frequently you purchase them, and any Factory Rewards or promotions associated with a purchase.

Device and Usage Information

– We may collect information about your browser or device. This information may include the type of device you are using, your operating system, your browser, your internet service provider, your domain name, your internet protocol (IP) address, your device and mobile ad identifiers, the website that referred you to our website, the web pages you view (including the date and time you viewed them), the services or functionality you access or use (including the date and time of your access or use), and the subject of the ads you click or scroll over. To collect this information, we use cookies, web beacons and similar technologies.

Location Information

– We may collect information about the location of your device, including GPS location, for the purposes of enhancing or facilitating our services, such as enabling the functionality of our website or mobile application that provide you with information about stores near you, enabling you to order and pay remotely for our products and services, or have certain Smoothie Factory products delivered by a third-party vendor. We may also use information about the location of the device you are using to help us understand how our website, mobile application, and other services and functionality are being used and to deliver more relevant advertising. If you want to opt out of the collection of this location information, please see the section below titled «Your Choices.»

INFORMATION WE COLLECT FROM OTHER SOURCES

Some information we collect is publicly available. For example, we may collect information you submit to a blog, a chat room, or a social network like Facebook, Twitter or Google+. We may also collect information about you from other companies and organizations. By gathering additional information about you, we can correct inaccurate information, enhance the security of your transactions, and give you product recommendations and special offers that are more likely to interest you.

HOW WE USE YOUR INFORMATION

We use the information we collect about you in a variety of ways, including to:

to conclude or perform a contract with you, for example to:

process your purchases of or requests for products and services;

communicate with you about orders, purchases, returns, services, accounts, programs, contests, and sweepstakes;

for our legitimate business purposes, including to:

respond to your customer service enquiries and requests for information;

maintain, improve, and analyze our websites, mobile applications, ads, and the products and services we offer;

detect, prevent, or investigate security breaches or fraud; and

facilitate the functionality of our websites and mobile applications;

to comply with our legal obligations, for example to maintain appropriate records for internal administrative purposes and as required by applicable law, and provide important product safety information and notice of product recalls; and

on the basis of your consent, for example to send you via email and other electronic means personalized promotions and special offers or informing you about our brand, products, events, or other promotional purposes.

You can withdraw your consent at any time by modifying your promotional preferences online at https://www.smoothiefactory.co.uk/account/login or contacting us as set out below.

HOW WE SHARE YOUR INFORMATION

We share your information in the following circumstances:

When We Work Together – We may share information between and among Smoothie Factory (UK & I) Limited for the purposes of management and analysis, decision making, and other business purposes. For example, we may share your information with our franchisees to administer our loyalty programs, process orders and requests, and expand and promote our product and service offerings.

When We Work with Service Providers – We share your information with service providers that provide us with support services, such as credit card processing, website hosting, email and postal delivery, location mapping, product and service delivery, analytics services, or conducting academic research. Other service providers assist us, with your consent where required by law, to assess, develop and provide you with promotions and special offers that may interest you, administer contests, sweepstakes and events or for other promotional purposes.

When We Work on Business Transactions – If we become involved with a merger or another situation involving the transfer of some or all of our business assets, we may share your information with business entities or people involved in the negotiation or transfer. When Sharing Helps Us Protect Lawful Interests – We may disclose your information if we believe that the disclosure is required by law, if we believe that the disclosure is necessary to enforce our agreements or policies, or if we believe that the disclosure will help us protect the rights, property, or safety of Smoothie Factory or our customers or partners.

When You Give Consent – We may share information about you with other companies if you give us permission or direct us to share the information. When the Information Does Not Identify You – We may share your information in a way that does not directly identify you. For example, we may share information about your use of our websites and mobile applications in a manner that does not identify you or may combine information about the nature or frequency of your transactions with similar information about other people and share the aggregated information for statistical analysis and other business purposes.

When You Post on Our Websites – If you post information on a blog or another part of our websites, the information that you post may be seen by other visitors to our websites, including your user name.

HOW WE MAY ALLOW OTHERS TO COLLECT YOUR INFORMATION

When you use our website or mobile application, we may allow third parties to collect device and usage information and location information across your different devices through mobile software development kits, cookies, web beacons and other similar technologies. These third parties collect this information for the following purposes. Please see the «Your Choices» section of this Statement for more information about controlling the use of cookies, web beacons and other similar technologies and opting out of targeted advertising.

To Understand the Use of Our Services – We allow certain service providers to collect this information to help us understand how our websites and mobile applications are used and to assist us in improving the content and operation of our online properties. These service providers collect aggregate statistical usage data that is not matched or linked to any individual user.

To Make the Services of Other Companies Work on Our Websites – We allow companies to use cookies, web beacons, and other similar technologies to enhance the operations of particular services and functionality of our website and mobile application. For example, we allow Adobe to set and enable special cookies that are necessary to deliver video content for Adobe Flash Player. These cookies are called Flash cookies.

To Link Your Activity on Our Websites to Your Social Networks – We have added certain features to our websites and mobile applications that allow social networks (such as Facebook, Twitter, and Google+) to track the activities of their members or collect certain information when they use our website or mobile applications. These features may include technologies called «plug-ins» and «widgets.» Plug-ins create a direct link between two websites, and widgets are interactive mini-programs that provide other companies services on our websites. If you are concerned about the way a social network is tracking your activity, please contact the social network or review its privacy policy. For example, you can review Facebooks data-use policy at https://www.facebook.com/about/privacy/.

COOKIES, WEB BEACONS AND SIMILAR TECHNOLOGIES

We and others use a variety of technologies to collect information about your device and use of our websites and mobile applications. These technologies include cookies, web beacons, java scripts, entity tags, and HTML local storage. Most web browsers can be programmed to accept or reject the use of some or all of these technologies, although you must take additional steps to disable or control other technologies. For more information, please see the section of this Statement titled «Your Choices.»

Cookies – Cookies are small data files that are sent from a website’s server and are stored on your device’s hard drive either for only the duration of your visit («session cookies») or for a fixed period («persistent cookies»). Cookies contain information that can later be read by a web server.

Web Beacons – Web beacons are small, transparent images that are embedded in web pages, applications, and emails that are sometimes called clear gifs, single pixel gifs, page tags or web bugs. We use web beacons to track the web pages you visit, to test the effectiveness of our marketing, and to find out if an email has been opened and acted on.

Java Scripts – Java scripts are code snippets embedded in various parts of websites and applications that facilitate a variety of operations including accelerating the refresh speed of certain functionality or monitoring usage of various online components.

Entity Tags – Entity Tags are HTTP code mechanisms that allow portions of websites to be stored or cached within your browser and validate these caches when the website is opened, accelerating website performance since the web server does not need to send a full response if the content has not changed.

HTML5 Local Storage – HTML5 local storage allows data from websites to be stored or cached within your browser to store and retrieve data in HTML5 pages when the website is revisited.

These and similar technologies are used for the following purposes:

Services and Functionality – Some of these technologies are required to allow you to access and use our websites or mobile applications and the various services and functionality we offer. Without these technologies, some of the services and functionality on our website and mobile application would not work properly.

Performance Monitoring – Some of these technologies help us analyze and estimate traffic and assess the volume of use of services and functionality on websites and mobile applications. They show us how visitors and customers interact with our digital properties, whether there are any errors, the degree to which certain web pages, applications, services or functionality are accessed and used and how they are performing or operating. When these technologies are used for performance monitoring, no information that identifies you is collected.

User Convenience – Some of these technologies enhance the ease of use of our websites and mobile applications and the services and functionality they make available by accelerating load and refresh times and remembering information that you have provided on prior visits to our websites or when you last used a website or mobile application service or functionality.

Marketing – Some of these technologies are used to tailor your experience on our website, within our mobile applications, or across your applications or devices by controlling the promotions, advertisements and other marketing messages that may appear when you access or use these or other digital properties. These technologies also help us learn which services and functionality you are using and how you are accessing information about us. We may use this information to personalize your visit to a website or use of a mobile application or to send you relevant promotions and advertisements.

YOUR CHOICES

PROMOTIONAL COMMUNICATION CHOICES

You can opt out of receiving promotional emails and mailings by informing us of your preference at the time you sign up for a Smoothie Factory account, modifying your promotional preferences online in your accounts profile management section, or following the opt out instructions in the promotional emails we send you. Similarly, you may opt in to receive text messages, telephone calls and mailings. Where our mobile applications allow for the delivery of push notifications, you can also opt out of receiving these notifications by toggling the Notifications switches within our mobile applications to «off.» By downloading and using our mobile application, you may receive promotional messages, offers, news and information about Smoothie Factory or our business partners within the mobile application itself. These in app messages are part of our mobile application functionality and cannot be turned off. If you do not want to receive in app messages, offers, news and information, do not download or use our mobile application.

Please note that if you opt out of receiving promotional communications from us, we may still send you transactional communications, including emails about your accounts or purchases.

Location Information – You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.

Voice Transmissions – You can ensure you do not send us or any third parties any transmissions of your voice by not using the voice ordering feature. In addition, you may be able to adjust the settings of your device so that your voice transmissions cannot be sent to us or third parties by (a) disabling microphone and speech recognition services within the device settings; or (b) denying certain websites or mobile applications permission to access microphone and speech recognition services by changing the relevant preferences and permissions in your mobile device or browser settings.

Cookies, Web Beacons and Similar Technologies – You may be able to reject cookies, web beacons, entity tags and HTML5 local storage by adjusting the appropriate settings in your browser. Each browser is different, but many common browsers (Internet Explorer, Chrome, Firefox, and Safari) have preferences or options that may be adjusted to allow you either to accept or reject cookies and certain other technologies before they are set or installed or allow you to remove or reject the use or installation of certain technologies altogether. If you want to learn the correct way to modify your browser settings, please use the Help menu in your browser.

Interest-Based Ads – Many advertising companies that collect information for interest-based advertising are members of the Digital Advertising Alliance or the Network Advertising Initiative, both of which maintain websites where people can opt out of interest-based advertising from their members. To opt-out on these pages, visit www.AboutAds.info and www.networkadvertising.org.

Adobe Flash Player Technology – We allow Adobe to set and enable special cookies that are necessary to deliver video content for Adobe Flash Player. You cannot remove Flash cookies simply by changing your browser settings. If you would like to limit the websites that can store information in Flash cookies on your device, you must visit the Adobe website.

Google Analytics – We use Google Analytics to aggregate and analyze data about your use of our websites. To opt out of Google’s analytics services, please visit the Google website: https://tools.google.com/dlpage/gaoptout/ (to learn more about how Google collects and processes data, visit Google’s website: https://www.google.com/policies/privacy/partners/).

«Do Not Track» Technology – Some newer web browsers have a «Do Not Track» preference that transmits a «Do Not Track» header to the websites you visit with information indicating that you do not want your activity to be tracked. We currently do not respond to browser «Do Not Track» signals.

HOW TO MANAGE YOUR ACCOUNT INFORMATION

Information can be changed or removed from SmoothieFactory.co.uk accounts at www.smoothiefactory.co.uk/account. As required by law for taxes and other record keeping purposes, we are unable to delete an account completely.

HOW WE PROTECT YOUR INFORMATION

Smoothie Factory protects your information using technical, physical, and administrative security measures to reduce the risk of loss, misuse, unauthorized access, disclosure or modification of your information. While we have employed security technologies and procedures to assist safeguarding your personal information, no system or network can be guaranteed to be 100% secure.

Smoothie Factory will only retain your information for as long as is reasonably needed for each purpose.

USE BY CHILDREN

We do not intend for our websites or online services to be used by anyone under the age of 18. If you are a parent or guardian and believe we may have collected information about your child, please contact us as described in the «Contact Us» section of this Statement.

INTERNATIONAL TRANSFERS OF PERSONAL DATA

Some of the third parties with whom we share your personal information may be located in Texas, United States and other countries outside of the European Economic Area, including in countries that may not provide the same level of data protection as your home country.

CONTACT US

We welcome your questions, comments and concerns about privacy.

Smoothie Factory (UK & I) Limited can be contacted online, at info@smoothiefactory.co.uk.