SoFresh Franchising, LLC
PRIVACY POLICY
Effective Date: May 1, 2020
This “Privacy Policy” describes how SoFresh Franchising, LLC. (“SoFresh,” “We,” or “Us”) collects, uses and shares your personal information in connection with our websites (collectively, the “Site”), social media pages, mobile applications (collectively, the “Application”) and other digital platforms, including electronic devices, kiosks or tablets at SoFresh restaurant locations, that link to this Privacy Policy (together with the Site and Application, the “Services”), and in the context of certain offline activities at restaurant locations described in this Privacy Policy.
We provide important information for California residents here.
Table of Contents
Personal Information We Collect
How We Use Your Personal Information
How We Share Your Personal Information Other Sites and Services
Your Choices
Security
International Data Transfers Children
Changes to This Privacy Policy
How to Contact Us
Important Information for California Residents
Personal Information We Collect
Personal Information You Provide to Us. Personal information you may provide to Us through the Services or otherwise includes:
Contact data, such as your first and last name, email address, mailing addresses and phone number.
Profile data, such as your username and password that you set to establish an online account with Us, and other information you may submit or include in your account profile, such as your birthday.
Order and transactional data, such as the information necessary to process your orders when you place an order at one of our restaurants or through the Services for delivery, outpost or pick up, information about your payment transactions, and your order history.
Communications that we exchange when you communicate with Us, such as when you request support, contact Us with questions or feedback, complete our surveys, engage with Us on social media or otherwise interact with Us.
Marketing data, such as your preferences for receiving communications about our Services, restaurants, products, activities, events, and publications; details about how you engage with our communications; demographic information such as your gender; and information you provide when you participate in an event, contest or promotion.
Other information that is not specifically listed here, which We will use in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.
Automatic Collection. We, our service providers and third party partners may automatically log information about you, your computer or mobile device, and your activity over time on the Site, the Application and other online Services, including:
Cookies and Similar Technologies. Like many online services, We use the following cookies and similar technologies to facilitate some of our automatic data collection:
How We Use Your Personal Information
We use your personal information for the following purposes and as otherwise described either in this Privacy Policy or at the time of collection:
To Provide the Services. We may use your personal information to:
Services and communications to you;
Communicate with you about the Services, including sending you
announcements, updates, security alerts, and administrative e-mail
notifications such as security or support and maintenance advisories; and
Enable security features of the Services, such as by sending you security
codes via email or SMS, and remembering devices from which you have previously logged in.
Research and Development. We may use your personal information to administer surveys and other market research, analyze audience online activity on the Services, and for other research and development purposes, including to analyze and improve the Services and our business. As part of these activities, We may create anonymous data (including aggregated and/or de-identified data) from personal information We collect by removing information that makes the data personally identifiable to you. We may use this anonymous data and disclose it to third parties for our lawful business purposes, including to analyze and improve the Services and promote our business.
Advertising. We may work with third party advertising companies and social media companies that display ads on our Services and other sites and online properties. These companies may use cookies and similar technologies to try to tailor the ads you see online
to your interests based on your activity over time across our Services, our Application and other sites and online properties, or your interaction with our emails. These ads are known as “interest-based advertisements.” You can learn more about your choices for limiting interest-based advertising in the Internet-Based Advertising section below.
Marketing and Promotional Communications. We may send you offers and promotions from SoFresh, our affiliates, joint venture partners and other companies that offer products or services that may be of interest to you, in each case, as permitted by law. You can opt out of our marketing and promotional communications as described in the Opt Out of Marketing Communications section below.
Compliance and Protection. Regardless of any choices you make below, We may use your personal information if We believe in good faith that such disclosure is appropriate to:
protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
enforce the terms and conditions that govern the Services; and
prevent, identify, investigate and deter fraudulent, harmful, unauthorized,
unethical or illegal activity, including cyberattacks and identity theft, or assist in preventing any violation or potential violation of the law, this Privacy Policy, our applicable Terms of Use Agreement, or any other contractual arrangement.
How We Share Your Personal Information
We may share your personal information as described below and as otherwise described either in this Privacy Policy or at the time of collection:
Third Parties Designated by You. When you use the Services, the personal information you provide will be shared with any third parties that you authorize to receive such information.
Service Providers. We may share your personal information with companies and individuals that provide services on our behalf or help us operate the Service or our business (such as customer support, hosting, payment processing, order and menu processing, analytics, email delivery, food delivery, marketing, and mobile application development and operation). These third parties may use your personal information only to help us operate the Service or our business as authorized under our contracts with them.
Affiliates. We may share some or all of your personal information with our parent company, subsidiaries, and other companies under common ownership or control with us for purposes consistent with this Privacy Policy.
Joint Marketing Partners and Joint Ventures. We may also share any personal information we collect with third party companies that have entered into joint marketing collaborations or other joint ventures with Us, which may use and share such information pursuant to its own privacy policy.
Advertising Partners. We may also enable third party advertising companies to collect information about your activity on the Services for the purposes described in the Advertising section above and/or use hashed customer lists that we share with them to deliver ads to them and similar users on their platforms.
Corporate Restructuring. We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution, transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, receivership or similar proceeding, personal information may also be transferred as a business asset. If another company acquires our company, business, or assets, that company will possess the personal information collected by Us and will assume the rights and obligations regarding your personal information as described in this Privacy Policy.
Third Party Platforms. Some of our Services may enable you to connect to social media or other third party platforms and authorize Us to share your personal information with them, such as when you post content or use options to access the Services by logging into the third party platform. If you choose to do this, We will provide information to such
platforms in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those third party platforms and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such platform. We will not be responsible or liable for: (i) the availability or accuracy of such platforms; (ii) the content, products or services on or availability of such platforms; or (iii) your use of any such platforms.
Authorities and Others. We may disclose personal information to law enforcement, government authorities and private parties if it believes in good faith that such disclosure is appropriate or necessary for the Compliance and Protection purposes described above.
Professional Advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to Us.
Other Sites and Services
Our Services may contain links to websites, mobile applications or other online services operated by third parties. When you click on a link to any other website, mobile application or online service, you will leave our Services and go to another site, and another entity may collect personal information or anonymous data from you. In addition, our content may be included on other online services that are not associated with Us. We have no control over, do not review, and are not responsible for, these third party online services or for their content or actions. Other online services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of other online services that you visit or use. The links to third party online services are for your convenience and do not signify our endorsement of, or affiliation with, any third party or its services.
Your Choices
Opt-Out of Marketing Communications. When you create an account and provide your email address, we will periodically send you administrative e-mails, free newsletters, and e-mails that directly promote the use of our and our Services. You may opt-out of marketing-related emails by following the unsubscribe instructions provided at the bottom
of any e-mail you receive from Us or by contacting Us directly at hello@lovesofresh.com. Despite opting out of marketing-related emails, you may continue to receive service-related and other non-marketing communications, including notices of any updates to our Terms of Use Agreement or Privacy Policy.
Text Messages. We may offer communications via SMS texts or similar technology (including via automatic telephone dialing equipment, if we received the appropriate consents from you in accordance with applicable law) sent by SoFresh or any of its service providers, such as when we send you text messages to confirm, process and notify you about the status and pickup location of an order you place with us, or for any customer service, account-related or marketing purpose. To stop receiving text messages from a short code operated by SoFresh, reply STOP to any message you receive from such short code. Note that we may send you a message to confirm receipt of your STOP request. Message and data rates may apply for this service. You can also opt-out of SoFresh marketing texts by emailing us your request and mobile telephone number to hello@lovesofresh.com.
Interest-Based Advertising. Some of our advertising partners are members of the Network Advertising Initiative (NAI) and are subject to the Self-Regulatory Principles for Online Behavioral Advertising published by the Digital Advertising Alliance (DAA). You can obtain more information about these companies’ information collection practices, and opt-out of receiving interest-based advertising from participating NAI and DAA members at http://optout.networkadvertising.org/?c=1 and/or the DAA’s website at optout.aboutads.info. Mobile app users may opt out of receiving interest-based advertising in mobile apps provided by participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available at https://youradchoices.com/appchoices. In addition, your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for targeted online advertising purposes. If you opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.
You can learn more about how Google uses data at https://policies.google.com/technologies/partner-sites and about how Facebook uses data at https://www.facebook.com/privacy/explanation. You can opt out-out of personalized ads from Google by visiting https://adssettings.google.com, or from
Facebook by visiting https://www.facebook.com/about/ads and following the instructions to manage your ad preferences.
Please note that we also may work with companies that offer their own opt-out mechanisms or do not participate in the opt-out mechanisms described above. Even after using these opt-out mechanisms, you may receive interest-based advertising from other companies.
Cookies. Most browsers let you remove and/or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Services and our Site may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.
Location Information. You can deactivate location access on your mobile device.
Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We do not currently respond to “do not track” or similar signals from web browsers. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
Choosing Not to Share Your Personal Information. If you do not provide information that We need to provide the Service, We may not be able to provide you with the Services or certain features. We will tell you what information you must provide to receive the Services when We request it.
Security
We use a variety of technical, organizational and physical safeguards designed to help protect your personal information. However, security risk is inherent in all internet and information technologies and We cannot guarantee the security of your personal information.
International Data Transfers
We are headquartered in the United States and may from time to time have service providers who operate in other countries, and your personal information may be transferred to or from the United States or other locations outside of your state, province, or country where privacy laws may not be as protective as those in your state, province, or country.
Children
Our Services are not intended for use by children under the age of 16. If We learn that We have collected personal information of a child under 16 without the consent of the child’s parent or guardian as required by law, We will delete it as soon as possible. If you believe that We might have any personal information collected online from a child under 16, please contact Us at hello@lovesofresh.com.
Changes to This Privacy Policy
This Privacy Policy may be updated from time to time for any reason. If We make material changes to this Privacy Policy we will notify you by posting the new Privacy Policy at https://lovesofresh.com/legal/privacy-policy and changing the effective date listed at the top of this Privacy Policy. If required by law We will also provide notification of changes in another way that We believe is reasonably likely to reach you, such as via e-mail or another manner through the Services. Any modifications to this Privacy Policy will be effective upon our posting the modified version as described above (or as otherwise indicated at the time of posting). In all cases, your continued use of the Service after the posting of any modified Privacy Policy indicates your acceptance of the modified Privacy Policy.
How to Contact Us
Please direct any questions or comments to:
SoFresh Franchising, LLC
200 E Madison St.
Suite 200
Tampa, FL 33602
Attention: Legal Department hello@lovesofresh.com
