Privacy Policy
Tropical Smoothie Café, LLC (“TSC”, “we”, “us” or “our”) is committed to protecting the privacy of customers and users of our Services (as defined below).
This Privacy Policy applies to information collected from users of our Services that TSC collects when users interact with us through our Services and in our corporate owned and operated restaurant located at 1155 Mount Vernon Hwy Unit #1040, Atlanta, GA 30338. This includes information collected through our website, www.tropicalsmoothiecafe.com, mobile application (including our Tropical Smoothie Cafe App), Tropical Smoothie Cafe branded social networking services, direct marketing campaigns, and any other websites and online services that we operate and that include a link to this Privacy Policy, and when you purchase our products, subscribe to our news, and offers, enter one of our promotions or contact customer support (collectively, our “Services”).
By accessing or using any of our Services or providing us with your Personal Information, you agree to our processing and handling of your Personal Information in accordance with this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not provide us with your Personal Information or use our Services.
With the exception of our one corporate owned and operated restaurant in Atlanta, Georgia, Tropical Smoothie Cafe restaurants are independently owned and operated by franchisees. We ask our franchisees to abide by our privacy practices, but each franchisee is independently responsible for its legal compliance, regulatory compliance, and related data practices for any data that they may collect.
Throughout this Privacy Policy, we refer to the term “Personal Information.” “Personal Information” means data which identifies, describes, is associated with, or for which an individual’s identity may reasonably be determined, such as a name, birthdate, postal address, email address, telephone number, driver’s license number, Social Security Number or other government-issued identification number, credit card number, or other unique identifiers. It does not include information publicly available, such as information appearing in federal, state, or local records.
Personal Information does not include anonymous or aggregated data that can no longer be used to identify a specific person, even if combined with other data. Also, we may collect information related to businesses, companies, institutions, or other entities rather than individuals (“Business Information”). We do not consider Business Information, such as title, employer’s name, work email, work phone number, work address, and other similar business information, to be Personal Information.
1. Types of Information We Collect
TSC collects Personal Information directly from you, such as first and last name, address, email address, zip code, mobile number, favorite Tropical Smoothie Cafe location, and birthdate, when submitted by you while using our Services. If you are enrolled in our Tropic Rewards® loyalty program (“Tropic Rewards”), e also track the transactions you make, including where and when you make them, purchase amount, method of payment, in connection with your Tropic Rewards account.
We also collect information about you and the devices you use to access the Services, such as your computer, mobile phone, or tablet. This includes:
- Information about your device, including your hardware model, operating system and version, device name, unique device identifier, mobile network information, and information about the device’s interaction with our Services
We also may collect certain other information automatically when you use the Services, such as the following:
- Browser and Device Information: Certain information may be automatically collected by most browsers or devices, such as information about user devices (such as IP addresses and MAC addresses), operating systems, and browsers.
- Information Stored in Cookies. The Services may also use available web-based technologies to collect Personal Information, such as cookies, pixels, or web beacons. Cookies are pieces of information stored directly on users’ computers or devices. Cookies allow us to collect information such as browser type, time spent on online services, pages visited, referring URL, and other traffic and usage data. We may also use cookies for purposes such as determining what features interest our users, revising our site features or operations, and as further described below. For more information, see the Cookies and Your Choices sections below.
- Pixel Tags and Log Files: The Services may also use other tracking systems such as log files and pixel tags. For example, pixel tags, sometimes called web beacons, are similar in function to a cookie and can tell us certain information like what content has been viewed.
- Information Collected in Connection with Analytics Technology: We may use various technologies to learn more about how visitors use the Services and as part of our marketing activities. The information collected by these technologies include your IP address and device IDs. We may also use other technologies to monitor your interactions with our Services.
- In some parts of our Services and through email messages, you will find a “click-through URL” linked to content on our Services. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click such links in our email messages.
We also offer various Services that are provided through third parties. For example, our online ordering is provided by third party vendors. Thes vendors will provide us and/or our franchisees information relating to your order so that it can be prepared for delivery or pickup – this includes the items ordered and the location and time of pickup.
If you apply for a position at the Tropical Smoothie Cafe support center, our one corporate owned and operated restaurant or one of our franchisee owned and operated restaurants, we collect the name, address, phone number, email address, employment information, and educational information you submit. We or our franchisees, as applicable, use this information for processing job applications and hiring purposes. Please note that we only hire and employ applicants for the Tropical Smoothie Cafe support center and our one corporate owned and operated restaurant located at 1155 Mt. Vernon Highway, Unit #1040, Atlanta, Georgia 30338. If you are applying for a position at a franchised restaurant, your information will be sent directly to the franchise owner who is responsible for their own hiring and employment-related policies and decisions.
If you sign up to receive Tropical Smoothie Cafe emails or creates a Tropic Rewards account, you are opting in to receive email communications from Tropical Smoothie Cafe. You may opt out of receiving email communications from Tropical Smoothie Cafe by clicking on the unsubscribe link at the bottom of one of our email communications or clicking here.
We also collect certain information automatically through the use of cookies and other tracking technologies. For more information please see the Cookies section below.
Depending upon your relationship with us, the following is a list of Personal Information that we may have collected from consumers within the last 12 months:
| Category | Examples |
|---|---|
| A. Identifiers | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. |
| B. Personal information categories |
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, credit history, credit score, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories. |
| C. Protected classification characteristics | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). |
| D. Commercial Information | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
| E. Biometric information | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. |
| F. Internet or other similar network activity | Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. |
| G. Geolocation data | Physical location or movements. |
| H. Sensory data | Audio, electronic, visual, thermal, olfactory, or similar information. |
| I. Professional or employment-related information | Current or past job history or performance evaluations, resumes, CVs, certificate or license numbers. |
| J. Non-public education information | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. |
| K. Criminal Record Information | Driving offenses, convictions, motor vehicle driving records. |
| L. Inferences drawn from other Personal Information | Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
2. How and Why We Use Your Information
We may use, disclose, transmit, transfer, store, and otherwise process the information described in the Types of Information We Collect section for various purposes, including:
- Providing, developing, maintaining, personalizing, protecting, and improving the Services we offer and provide to you and others.
- Operating, evaluating, debugging, identifying and repairing errors, effectuating similar functional enhancements, and improving our Services.
- Understanding how you and other users use our Services, performing analytics, analyzing and reporting on usage and performance of the Services, and marketing materials, and determining what features and services may interest you and our business customers.
- Managing advertising and marketing activities, including engaging in targeted and cross-context behavioral advertising and offering surveys, contests, giveaways, and other promotions.
- Communicating with you and others, including responding to your requests and providing promotional information.
- Storing information about your preferences, recognizing you when you use the Services and customizing your experience.
- Synchronizing users across devices, affiliates, business partners, business customers, and select third parties.
- Creating aggregate or deidentified data.
- Legal and safety purposes, such as maintaining the safety, security, and integrity of our Services, other technology assets, services, and our organization, preserving or enforcing our legal rights and property; protecting our users, our employees, and others, and complying with industry standards.
- Protecting against malicious, deceptive, fraudulent, or illegal activity, and participating in any prosecution or enforcement of laws or agreements meant to prevent or punish such activity.
- Enforcing our policies, terms of use, contracts, or other legal rights.
- Evaluating or participating in an actual or potential merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, including as part of bankruptcy, liquidation, or similar proceedings.
- Complying with law and legal obligations.
We only use your Personal Information for the original purposes it was given, as described in this Privacy Policy, and to further our legitimate interests, such as to provide information about our organization and services, and to communicate with visitors of our Services, and such other purposes as you may authorize or that we otherwise disclose.
Our employees and agents may view your Personal Information to perform their jobs and address your needs. We authorize their access to your Personal Information on a need-to-know basis to provide you with information or services, or for one of the other reasons listed in this Privacy Policy, and always in connection with an obligation to protect the privacy of that information.
3. Disclosure of Personal Information
We do not sell, rent, or lease any information we collect from you to others. We do not make your Personal Information available to any unaffiliated parties, unless we tell you we will do so, or as described in this Privacy Policy. TSC may disclose Personal Information with affiliated companies that we own or control, as well as our independent franchisees, in connection with providing you Services. We ask any affiliated companies and independent franchisees to comply with our Privacy Policy, but such affiliated companies and independent franchisees are responsible for their compliance with applicable laws and regulations.
We may also disclose Personal Information with service providers engaged by us to perform a variety of functions, such as fulfilling orders, assisting with promotions, conducting background checks, and providing technical support for our Services ("service providers”). These service providers may have access to Personal Information if needed to perform such functions. However, these service providers may only use such Personal Information to perform that function and may not use it for any other purpose.
We may also disclose the Personal Information we collect to our analytics vendors, such as Google Analytics, and partners to develop aggregate analysis and business intelligence for our advertising and marketing purposes. For example, we use Personal Information to create custom audiences and measure the success of promotions. For more information on Google Analytics, including how Google Analytics collects, uses, and discloses information, refer to the following page: www.google.com/policies/privacy/partners/. We may also use other technologies to monitor your activities on our Services.
We also disclose Personal Information to social media platforms and third-party advertising platforms for purposes of targeted advertising of promotions, products, and services we think may be of interest to you. In certain states, you can request that we stop such targeted advertising as noted in the Your Rights in Relation to Your Personal Information section below.
TSC reserves the right to use or disclose any Personal Information as needed to satisfy any law, regulation, legal request, or legal process, to exercise or defend legal claims, to protect the integrity of our Services, to prevent fraud, to protect the security of our systems and facilities, to fulfill your requests, to cooperate in any law enforcement investigation or an investigation on a matter of public safety.
We may disclose your Personal Information to a third-party that acquires TSC or some or all of our assets as part of a sale, merger, reorganization or bankruptcy, or other proceeding.
In the preceding 12 months, the following categories of Personal Information may have been disclosed to the categories of third parties defined above:
| Category | Examples | Disclosed for a Business Purpose in Last 12 Months? | Types of Third Parties Shared With |
|---|---|---|---|
| A. Identifiers | A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers. | Yes | Affiliates, third-party service providers, business partners |
| B. Personal information categories |
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, credit history, credit score, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories. |
Yes | Affiliates, third-party service providers, business partners |
| C. Protected classification characteristics | Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). | No | |
| D. Commercial Information | Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. | Yes | Affiliates, third-party service providers, business partners |
| E. Biometric information | Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. | No | |
| F. Internet or other similar network activity | Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. | Yes | Third-party service providers |
| G. Geolocation data | Physical location or movements. | Yes | Third-party service providers |
| H. Sensory data | Audio, electronic, visual, thermal, olfactory, or similar information. | No | |
| I. Professional or employment-related information | Current or past job history or performance evaluations, resumes, CVs, certificate or license numbers. | Yes | Affiliates, third-party service providers, business partners |
| J. Non-public education information | Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. | No | |
| K. Criminal Record Information | Driving offenses, convictions, motor vehicle driving records. | No | |
| L. Inferences drawn from other Personal Information | Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | Yes | Affiliates, third-party service providers, business partners |
4. Children’s Privacy Notice
Our services are not intended for use by children younger than age 16. If we learn that we have inadvertently collected the Personal Information of a child younger than age 16, we will take steps to delete the information as soon as possible.
If you are a parent or legal guardian and believe we may have collected information about your child, please:
- Submit a request through our Privacy Web Form
- Call us toll-free at: (855) 966-2563
You will be asked to provide proof that you are the child’s parent or legal guardian to receive any information regarding the child.
5. Data Requests
If at any time you would like to access, correct, or delete the Personal Information we have about you, or if you would like to change your preferences for contacts from us or on behalf of our business partners, please use the Privacy Web Form or toll-free number listed below. We will respond to these requests to the extent required by law, or if not required by law, in our sole discretion.
6. Cookies
a. Generally
“Cookies” are pieces of information that a website transfers to an individual’s hard drive for record-keeping purposes. Cookies allow the website to remember information that will make the individual’s use of the site more convenient. Like many websites, TSC uses cookies for a variety of purposes to improve your online experience. For example, we track the total number of visitors to our site on an anonymous aggregate basis. We also may employ cookies so that we remember you when you return to the site, to keep track of the items in your shopping cart if you purchase merchandise online, to administer certain contests and sweepstakes and to help customize your Tropical Smoothie Cafe web experience. We may associate Personal Information with a cookie file in those instances.
On our Services, we use the following types of cookies:
Essential Cookies: Essential cookies are cookies are necessary for system administration, to prevent fraudulent activity, to improve security or to enable basic features of the Site and services online.
Functionality Cookies: Functionality cookies are cookies that enable us or third-party partners to provide certain functions of the website to you. Please note that if you disable these cookies, we may not be able to provide all functions of our Services to you.
Analytics and Performance Cookies: Analytics and performance cookies are cookies that are used to assess the performance of the Services, including as part of our analytics practices to improve our content and Services.
Targeting Cookies: Targeting cookies are cookies used by us or by third-party advertising networks and content providers to deliver content, including ads, relevant to your interests on the Services, and third-party sites across your devices based on how you interact with our advertisements or content. Where required by law, we will allow users to opt-out of such cookies.
Social Media Cookies: Social media cookies are cookies set by social media services that we have added to the website to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests.
c. Usage Cookies and Similar Technology
We may use certain third-party cookies and similar usage technology on our Services, including our mobile application, which record and track usage of our Services. These cookies and technology record and track, among things, what pages you access, pages viewed, how much time you spent on a page, and how you reached our website. We also log the details of your visits to our Services and information generated in the course of using our Services, such as mouse movements, clicks, page visits, text entered, how long you spent on a page, and other details of your actions on our Services. By using our Services, you consent to the use of such cookies and technology, and tracking and recording of such information.
d. Google Cookies
Our website utilizes Google remarketing. As a visitor to our website, you should be aware that your data may be used in the following manner:
Where users have chosen to enable Google to associate their web and app browsing history with their Google account, and to use information from their Google account to personalize ads they see across the web, Google will use data from its signed-in users together with our Google Analytics data to build and define audience lists for cross-device remarketing.
To support this feature, Google Analytics will collect these users’ Google-authenticated identifiers, which are Google’s personal data, and temporarily join them to your Google Analytics data in order to populate your audiences.
e. Opting Out of All Cookies and Interest-Based Advertising
You have several ways to opt-out of cookies:
- By exercising the rights your jurisdiction provides to opt-out of cookies that are used for cross-context behavioral advertising or targeting advertising by following the contact procedures in How To Contact Us section below.
- You can use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. Click on the “Help” section of your browser to learn how to change your cookie preferences. If you disable all cookies, you may not be able to take advantage of all the features of our website.
f. Your Choices
You may choose not to provide the Personal Information we request through the Services. However, not providing information we request may restrict your ability to use certain features of the Services. For example, you may be able to restrict the collection of Personal Information or functionality through your device's operating system or by disabling cookies but doing so may prevent you from using the functionality of the Services. Some Internet browsers have a “do-not-track” feature that let you tell the Services that you do not want to have your online activities tracked. At this time, the Services do not respond to browser “do-not-track” signals.
7. Links to Other Sites
We may offer links to sites that are not operated by TSC. If you visit one of these linked sites, you should review their privacy and other policies. We are not responsible for the policies and practices of other companies, and any information you submit to those companies is subject to their privacy policies.
8. Security and Retention
We maintain reasonable security measures appropriate to the level or risk associated with processing your Personal Information to protect it from unauthorized access, use, disclosure, alteration, and destruction. We also require our third-party vendors to implement reasonable security measures to protect any data they may process on our behalf. Unfortunately, no data transmission can be guaranteed to be 100% secure. Thus, we cannot guarantee or warrant the security of any information you transmit to us, and you do so at your own risk.
We keep your Personal Information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law (such as for tax, accounting or other legal requirements).
9. Changes to Our Privacy Policy
We reserve the right to change this Privacy Policy at any time and in our sole discretion. This Privacy Policy is effective as of March 31, 2026. If we change our Privacy Policy, we will post the revised version on our website and indicate the date that the changes are effective. Your continued use of the Services after the changed Privacy Policy is posted constitutes your acceptance of the changes.
10. How to Contact Us
For privacy-related issues:
- Submit a request through our Privacy Web Form
- Call us toll-free at: (855) 966-2563
For customer service requests or other customer issues, please visit our Guest Contact Center.
11. Your Rights in Relation to Your Personal Information
You may have the certain legal rights in relation to our use of your Personal Information.
Some jurisdictions (state, federal, and national), provide individuals with certain rights regarding their Personal Information. Examples of these laws, (without limitation) are: California Consumer Protection Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”), Texas Data Privacy and Security Act (“TDPSA”) and the Virginia Consumer Data Protection Act (“VCDPA”). To exercise any rights your jurisdiction may provide, please use the contact information provided in the How To Contact Us section. Your rights will depend on the location in which you reside when your Personal Information is collected or otherwise processed. The following illustrates the rights that may be afforded under the CCPA, TDPSA, VCPDA, or your jurisdiction collectively:
- Being informed about how we obtain and process your Personal Information;
- Viewing and obtaining a copy of the Personal Information we maintain about you;
- Amending or revising Personal Information we maintain about you;
- Having Personal Information we maintain about you erased or forgotten;
- Objecting to the use of your Personal Information for direct marketing;
- Restricting our use of the Personal Information we maintain about you;
- Transferring the Personal Information we maintain about you to another entity who will provide substantially similar services;
- Objecting to our use of Personal Information we maintain about you;
- Objecting to automated decision making based on your Personal Information;
- Objecting to automated profiling based on your Personal Information;
- Knowing from where we obtained your Personal Information;
- To receive the same services (to the extent possible) at the same price regardless of whether you exercise your individual rights under this statement;
- Withdraw your previously provided consent (this right may only be available on a prospective basis); or
- Filing a complaint with us or the appropriate governmental entity.
Some states require specific information regarding our practices and that your rights be provided to you in the form of a privacy notice. These notices are provided in the State Specific Notices section below.
We may require that you verify your identity before exercising your individual rights. In most circumstances, individual rights are not absolute and where applicable law permits or requires, we may choose to limit or deny a request. If we limit or deny a request, we will provide an explanation in writing.
We will respond to your request within thirty (30) days of receipt. The period of response may be extended to forty-five (45) or sixty (60) days if more time is required. In that event, we will inform you of the reason and extension period in writing.
12. State Specific Notices
| Right to confirmation of processing | California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Texas, Utah, Virginia |
| Right to access | California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Texas, Utah, Virginia |
| Right to correction | California, Colorado, Connecticut, Delaware, Montana, Nebraska, New Hampshire, New Jersey, Texas, Utah, Virginia |
| Right to data portability | California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Texas, Utah, Virginia |
| Right to deletion | California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Texas, Utah, Virginia |
| Right to opt-out of processing for targeted advertising | California, Colorado, Connecticut, Delaware, Montana, Nebraska, New Hampshire, New Jersey, Texas, Utah, Virginia |
| Right to opt-out from a sale of personal data | California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Texas, Utah, Virginia |
| Right to opt-out from profiling for certain decisions with legal or similarly significant effect | Colorado, Connecticut, Delaware, Montana, Nebraska, New Hampshire, New Jersey, Texas, Virginia |
| Right to non-discrimination for exercising your rights | California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Texas, Utah, Virginia |
| Right to appeal the refusal of a request to exercise your rights | Colorado, Connecticut, Delaware, Montana, Nebraska, New Hampshire, New Jersey, Texas, Virginia |
| Right to confirm the third parties or categories of third parties to which personal data has been disclosed | Delaware |
| Right to limit the use and disclosure of sensitive personal data | California |
| Right to out-out from sharing for cross-context behavioral advertising | California |
A. Additional Notice for California Consumers
Tropical Smoothie Cafe is mindful of our responsibilities under the California Consumer Privacy Act (CCPA as amended by the California Privacy Rights Act (collectively,
California Privacy Laws)). This portion of our Privacy Policy applies to California Consumers within the meaning of the California Privacy Laws.
a. Notice at Collection
We collect information from users as described in our Privacy Policy. The “Personal Information,” as defined in California Civil Code § 1798.140(o), we collect includes:
- Identifiers such as name, postal and email addresses, internet protocol (IP) address, unique personal identifier, online identifier and token identifier when you submit your information to create an account with us, join Tropic Rewards, interact with us on social media, or sign up to learn more about our products and services.
- The following categories of protected classification characteristics under California or federal law: birthdate when you sign up to receive special offers as part of Tropic Rewards.
- Commercial information such as records of products or services purchased, or obtained, or considered from us.
- Internet or other similar network activity information, including, but not limited to, browsing history on our websites, search history, information on your interaction with our websites or applications.
- Geolocation data such as physical location or movements.
- Inferences drawn from other Personal Information, such as profiles reflecting consumer preferences.
- Sensitive Personal Information in the form of precise geolocation but only if you turn on location services in your Tropical Smoothie Cafe App.
We collect this Personal Information so that we can provide you Services, get your feedback, share promotions, enter you into contests, inform you about our brand, send you marketing communications, personalize your interaction, and maintain records. We do not sell this Personal Information to third parties but may disclose it to affiliated companies that we own or control, as well our independent franchisees. We may also disclose Personal Information with service providers engaged by us to perform a variety of functions, such as fulfilling orders, assisting with promotions, providing technical services for our websites, etc.
We generally retain your Personal Information for as long as you have an account or as long as required to comply with legal requirements or fulfill the purpose of the collection.
b. How We Collect, Use, and Share Personal Information
(i) Personal Information Collected on California Consumers in the Last Twelve Months
We collect information from users as described in our Privacy Policy. The “Personal Information,” as defined in California Civil Code § 1798.140(o), we have obtained on California residents within the last twelve months includes:
- Identifiers such as name, postal and email addresses, IP address, unique personal identifier, online identifier and token identifier when you submit your information to create an account with us, join Tropic Rewards, interact with us on social media, or sign up to learn more about our products and services.
- The following categories of protected classification characteristics under California or federal law: birthdate when you sign up to receive special offers as part of Tropic Rewards.
- Commercial information such as records of products or services purchased, or obtained, or considered from us.
- Internet or other similar network activity information, including, but not limited to, browsing history on our websites, search history, information on your interaction with our websites or applications.
- Geolocation data such as physical location or movements.
- Inferences drawn from other Personal Information, such as profiles reflecting consumer preferences.
- Sensitive Personal Information in the form of precise geolocation if you have allowed such tracking.
Please note that Personal Information does not include publicly available information from government records or made publicly available by you such as on social media sites, de-identified or aggregate consumer information, and Personal Information protected by certain other sector-specific federal or California statutes.
(ii) Our Use of Personal Information for Business or Commercial Purposes in the Last Twelve Months
For each of the above categories, we use the Personal Information we collect for the commercial and business purposes disclosed in this Privacy Policy. These commercial and business purposes include:
- Providing, developing and improving our Services;
- Personalizing our Services to you;
- Audits and reporting relating to particular transactions and interactions, including online interactions, you may have with us or others on our behalf;
- Detecting and protecting against security incidents, and malicious, deceptive, fraudulent or illegal activity, and prosecuting the same;
- Debugging to identify and repair errors in our systems;
- Short-term, transient use including contextual customization of ads;
- Providing services on our behalf or on behalf of another, including maintaining or servicing accounts, providing customer service, fulfilling transactions, verifying identity information, processing payments, and other services;
- Conducting internal research to develop and demonstrate technology;
- Conducting activity to verify, enhance, and maintain the quality or safety of services or devices which we may own, control, or provide;
- Preparing statistics and performing analysis to support our operations;
- Conducting marketing and surveys; and
- Receiving and responding to inquiries.
We also may use the Personal Information we collect for our own or our service providers’ other operational purposes, purposes for which we provide you additional notice, or for purposes compatible with the context in which the Personal Information was collected.
(iii) Categories of Sources of Personal Information
We collect the Personal Information listed above directly from you, from our franchisees, from our service providers, the providers of our online ordering system and app, online delivery platforms, and data analytics providers.
(iv) Sharing or Sale of Personal Information in the Past Twelve Months
Within the meaning of the California Privacy Laws, we have not sold Personal Information identified in the above categories to any third-party within the last twelve months and will not sell Personal Information to any third-party.
We may share your Personal Information with third parties for cross-context behavioral advertising, including with social media platforms, online delivery platforms, marketing agencies and third-party advertising networks.
Please note that we do not share, sell or disclose Personal Information of individuals we know to be under the age of 16 to businesses or third parties without consent.
(v) Disclosure of Personal Information in the Past Twelve Months to Third Parties
In the past twelve months, we have disclosed Personal Information to third parties for the business as described in Disclosure of Personal Information section of this Privacy Policy. The specific business or commercial purpose is to assist in providing Services and performing a variety of functions, such as fulfilling orders, assisting with promotions, providing technical services for our websites.
c. California Rights and Choices
If you are a California resident (“California Consumer”), you have certain rights related to your Personal Information. Except as otherwise provided by applicable law, you may exercise the following rights free of charge with respect to the Personal Information covered by this Privacy Policy. We endeavor to respond to your request promptly upon verification and as required by applicable law.
(i) Right to Know / Portability
You have the right to request that we disclose to you the following Personal Information we collected about you within the past twelve months:
- Specific pieces of Personal Information we have collected about you;
- Categories of Personal Information we have collected about you;
- Categories of sources from which the Personal Information was collected;
- Categories of third parties to whom we disclosed Personal Information; and
- The business or commercial purpose for collecting, selling, or sharing Personal Information.
(ii) Right to Correction
You have the right to correct inaccurate Personal Information that we maintain about you, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information. For Tropic Rewards members, you can correct your information (with the exception of your birthdate) by accessing your account.
(iii) Right to Deletion
You have the right to request that we delete (and direct our service providers to delete) Personal Information that we collected from you and retained, subject to certain exceptions. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- complete the transaction for which we collected the Personal Information, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service that you requested, or take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
- help to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for those purposes;
- debug products to identify and repair errors that impair existing intended functionality;
- exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
- comply with the California Electronic Communications Privacy Act;
- engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent;
- enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us and compatible with the context in which you provided the information; or
- comply with a legal obligation.
(iv) Right to Opt Out of Sale/Sharing
You have a right to opt-out of the sharing of your Personal Information for cross-context behavioral advertising by completing and submitting our Privacy Web Form or calling us toll-free. We will also honor opt-out preference signals that comply with the California Privacy Laws.
We do not offer a right to opt-out of the sale of your Personal Information because, within the meaning of the CCPA, we have not sold Personal Information identified in the above categories to any third party within the last twelve months and will not sell such Personal Information to any third party.
(v) Right to Limit Use and Disclosure of Sensitive Personal Information
We also do not offer a right to limit the use or disclosure of sensitive Personal Information because, within the meaning of the CCPA, we do not use sensitive Personal Information for inferring characteristics.
(vi) Right to Non-Discrimination for Exercise of a California Privacy Right
We will not discriminate against you because of your exercise of any of the above rights, or any other rights under the CCPA. This means that we may not deny you goods or services, charge you different prices or rates for services or provide you with a different level or quality of services (or suggest that we will do so), in response to a request made under the CCPA.
We may, however, charge different prices or rates, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by your Personal Information.
(vii) How to Submit a Request
You may submit a request to exercise the rights listed above by:
- Completing and submitting our Privacy Web Form
- Calling us toll-free at: (855) 966-2563
(viii) Verifiable Request
As required under applicable law, we take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. We may require you to provide information sufficient to allow us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative and to describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We may limit our response to your exercise of the above rights as permitted under applicable law.
(ix) Agent Authorization and Disability Access
You may designate an authorized agent to make a request on your behalf. You may make such a designation by providing the agent with written permission to act on your behalf. As permitted by law, we may require additional verification in response to a request even if you choose to use an agent. We may refuse a request if the agent does not provide adequate proof of their authorization. You may also make a verifiable consumer request on behalf of your minor child.
To access this Privacy Policy in an alternative format, please see our Accessibility Policy.
d. Other California Privacy Rights
(i) California “Shine the Light” Law (Civil Code Section § 1798.83)
Under the Shine the Light Law, a California resident may ask us to refrain from sharing Personal Information with third parties for their direct marketing purposes. We do not share Personal Information of California residents with third parties for their marketing purposes.
(ii) California Do Not Track Disclosure
Our website and apps are not designed to respond to “Do Not Track” requests from browsers.
e. Contact Information Regarding this California Notice
You may contact us with questions or concerns about our privacy policies or practices and your choices and rights under California law by:
- Submitting a request through our Privacy Web Form
- Calling us toll-free at: (855) 966-2563
f. Notice of Financial Incentive
Members of Tropic Rewards may receive points for every dollar spent on qualifying purchases and via participation in periodic additional points-earning opportunities. Points may be accumulated and redeemed for purchases of eligible products. We collect Personal Information in connection with providing Tropic Rewards to consumers. This includes the following categories of Personal Information:
- Identifiers such as name, postal and email addresses, internet protocol (IP) address, unique personal identifier, online identifier and token identifier when you submit your information to create an account with us, join Tropic Rewards, interact with us on social media, or sign up to learn more about our products and services.
- The following categories of protected classification characteristics under California or federal law: birthdate when you sign up to receive special offers as part of Tropic Rewards.
- Commercial information such as purchases you have made and use of loyalty program rewards.
You are given the choice to opt-in to Tropic Rewards when you register for an account in the Tropical Smoothie Cafe App. You may withdraw from Tropic Rewards at any time on the Tropical Smoothie Cafe App. We benefit financially from Tropic Rewards through increased customer loyalty, but we do not assign an independent monetary value to the Personal Information we collect in connection with Tropic Rewards. We estimate in good faith that the value of the Personal Information that we collect through Tropic Rewards would be less than the value that Tropic Rewards provides to consumers. To the extent that we calculate the value of the Personal Information we collect through Tropic Rewards, we do so in good faith based on the expenses related to the collection and retention of Personal Information in connection with Tropic Rewards.
B. Additional Notice for Virginia Consumers
TSC is mindful of our responsibilities under the Virginia Consumer Data Protection Act (VCDPA). This portion of our Privacy Policy applies to Virginia Consumers as that term is defined under the VCDPA.
a. How We Collect, Use, and Share Personal Information
(i) Personal Information Collected
We collect the following categories of Personal Information: identifiers, protected classification characteristics (such as birthdate), commercial information, Internet or other similar network activity information, geolocation data, and inferences drawn from the above.
(ii) Our Use of Personal Information for Business Purposes
The purposes for processing Personal Information are described in How and Why We Use Your Information section of our Privacy Policy.
(iii) Sharing of Personal Information
We may share the following categories of Personal Information to third parties: identifiers, protected classification characteristics (such as birthdate), commercial information, Internet or other similar network activity information, geolocation data, and inferences drawn from the above. We share each category with our franchisees and service providers and other third parties, as described in Disclosure of Personal Information section of our Privacy Policy. We also share Personal Information with social media platforms, delivery platforms and third-party advertising networks for purposes of targeted advertising.
b. Virginia Rights and Choices
If you are a Virginia resident, you have certain rights related to your Personal Information. Except as otherwise provided by applicable law, you may exercise the following rights free of charge with respect to the Personal Information covered by this Privacy Policy. We endeavor to respond to your request promptly upon verification and as required by applicable law.
(i) Right to Know
You have the right to confirm whether we are processing your Personal Information and to access that Personal Information.
(ii) Right to Correction
You have the right to correct inaccuracies in Personal Information, taking into account the nature of the Personal Information and the purposes of the processing of the Personal Information. Tropic Rewards members can correct their Personal Information (with the exception of your birthdate) by accessing their account profile.
(iii) Right to Deletion
You have the right to delete personal data provided and obtained about you.
(iv) Right to Portability
You have the right to obtain a copy of your Personal Information that you previously provided to us in a portable and, to the extent technically feasible, a readily usable format. Tropic Rewards members can obtain a copy of their Personal Information by accessing their account profile.
(v) Right to Opt-Out
You have the right to opt out of the processing of the Personal Information for purposes of (i) targeted advertising, (ii) the sale of Personal Information, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer. As noted above we do not sell your Personal Information or engage in profiling and so do not offer an opt-out from such activities. We do engage in some targeted advertising for which you can exercise your opt-out rights as set forth in subsection (vi) below.
(vi) How to Submit a Request
You may submit a request to exercise the rights listed above by:
- Completing and submitting our Privacy Web Form
- Calling us toll-free at: (855) 966-2563
(vii) Verifiable Request
As required under applicable law, we take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. We may require you to provide information sufficient to allow us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative and to describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We may limit our response to your exercise of the above rights as permitted under applicable law.
To appeal our decision regarding a request related to these rights, you may call us toll-free at (855) 966-2563.
This Privacy Policy was last updated March 31, 2026.