Privacy Policy

Tropical Smoothie Cafe, L.L.C. is committed to protecting the privacy of our customers and users of our websites. This page presents our Internet privacy policy.

This Privacy Policy applies to the personal information that Topical Smoothie Cafe, LLC (“Tropical Smoothie Cafe”) collects when you interact with us online and in our corporate owned and operated restaurant in Atlanta, Georgia. This includes information collected through our website and applications, Tropical Smoothie Cafe branded social networking services, through direct marketing campaigns, and when you purchase our products, subscribe to our news and offers, enter one of our promotions or contact customer support. 

With the exception of our one corporate owned and operated restaurant in Atlanta, Georgia, Tropical Smoothie Cafe restaurants are independently owned and operated by Tropical Smoothie Cafe 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.

 1. Types of Information We Collect and How It Is Used 

Tropical Smoothie Cafe gathers limited personal information, such as first and last names, addresses, email addresses and mobile numbers when voluntarily submitted by you.

For example, personal information may be collected from you to:

  • Get your feedback on our website and our products
  • Follow up with you on certain promotions and limited time offerings
  • Enter you in one of our contests or sweepstakes
  • Inform you about our brand or events
  • Maintain records for administrative purposes

If a customer signs up to receive Tropical Smoothie Cafe emails or registers an account in the Tropical Rewards App, the customer is opting in to receive email communications from Tropical Smoothie Cafe, LLC. The customer may opt out of receiving email communications from Tropical Smoothie Cafe, LLC by clicking here.

2. Sharing of Personal Information

Tropical Smoothie Cafe may share personal information with affiliated companies that we own or control, as well our independent franchisees.  We ask any affiliated companies and independent franchisees to comply with our privacy policy.

We may also share 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. These companies may have access to personal information if needed to perform such functions. However, these companies may only use such personal information to perform that function and may not use it for any other purpose.

Tropical Smoothie Cafe reserves the right to use or disclose any information as needed to satisfy any law, regulation or legal request, to protect the integrity of the site, to fulfill your requests, or to cooperate in any law enforcement investigation or an investigation on a matter of public safety.

We do not sell, transfer or disclose personal information to any other company without your permission, except as described above.

3. 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 “right to know” 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.  

a. How Does Tropical Smoothie Cafe Use the Personal Information It Collects?

We use email addresses submitted by a child in order to: respond to the child’s request, provide the parent or legal guardian notice of our information practices, and/or seek the parent’s or guardian’s consent.

b. How Does Tropical Smoothie Cafe Share Personal Information?

We may share a child’s personal information with third parties to the extent reasonably necessary to protect the security or integrity of our sites, take precautions against liability, or respond to judicial process or requests from other governmental authorities; or when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity.

We also may share personal information collected from children with vendors that perform services for Tropical Smoothie Cafe. These services may include hosting our Website, providing technical services to Tropical Smoothie Cafe, fulfilling requests or administering sweepstakes. Such vendors are obligated to protect the confidentiality of the personal information we share with them.

c. Requests from Parents Regarding Our Children’s Privacy Practices

Parents may review personal information we have collected from their child that has not been deleted, and can request that the personal information be deleted from our records if it has not been already. Parents also may refuse to permit further collection or use of their child’s personal information, when the parent has previously provided consent.

4. Access

If at any time you would like to correct 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, you can let us know by contacting us using the webform or toll-free number listed below.

5. 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, Tropical Smoothie Cafe 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 may also 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.

b. 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.

c. Opting Out of All Cookies

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 this website.

Some third-party advertising companies may collect information about you through cookies and other technologies in connection with their behavioral advertising programs. Although we do not control the policies, programs or practices of third-party advertising companies, the Network Advertising Initiative (NAI) and Digital Advertising Alliance (DAA) maintain an opt-out tool that allows you to opt out of participating in the behavioral advertising programs of NAI and DAA member companies. 

To learn more about behavioral advertising and how to opt out, visit the NAI website at www.networkadvertising.org/managing/opt_out.asp, or the DAA website at www.aboutads.info/choices/. 

6. Links to Other Sites

We may offer links to sites that are not operated by Tropical Smoothie Cafe. 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.

7. Changes to Our Privacy Policy

This privacy policy is effective as of January 1, 2019. If we change our policy, we will post the revised version here.

8. How to Contact Us

For privacy-related issues:

  • Submit a request through our Privacy Webform
  • Call us toll-free at: (855) 966-2563

For customer service requests or other customer issues, please visit our Contact Page.

9. ADDITIONAL NOTICE FOR CALIFORNIA CONSUMERS

Tropical Smoothie Cafe is mindful of our responsibilities under the California Consumer Privacy Act (CCPA). This portion of our Privacy Policy applies to California consumers within the meaning of the CCPA. 

a. 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, internet protocol (IP) address, unique personal identifier, online identifier and token identifier when you submit your information to create an account with us, join our Tropical 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 and gender when you sign up to receive special offers for your birthday as part of our Tropical Rewards® loyalty program. 
  • 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 a consumer’s 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. 

Please note that Personal Information does not include publicly available information from government records, deidentified 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 Purposes in the Last Twelve Months

For each of the above categories, we use the Personal Information we collect for the business purposes disclosed within this Privacy Policy. 

These business purposes include:  

  • 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 may also 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) Sharing of Personal Information in the Last Twelve Months

(a) Disclosures of Personal Information on California Consumers for Business Purposes

Within the last twelve months, we have disclosed Personal Information identified in the above categories only (i) for exempt activities, as part of a business-to-business transaction, (ii) at your express request, or (iii) for our business purposes.  For more information on the service providers with whom we share information, please see “Sharing of Personal Information” above.

When we disclose Personal Information for a business purpose, we execute a contract that describes the purpose and requires the recipient to keep Personal Information confidential and not use it for any purpose except performing the contract.

Please note that we do not disclosure Personal Information of individuals we know to be under the age of 16 to businesses or third parties for monetary or other valuable consideration as a “sale” under the CCPA without affirmative authorization.

(b) No Sales of Personal Information on California Consumers

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 Personal Information to any third party. 

b. California Rights and Choices

If you are a California 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 / Portability

You have the right to request that we disclose to you the following concerning 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 Personal Information we disclosed for a business purpose about you; 
  • Categories of third parties to whom the Personal Information was disclosed for a business purpose; and 
  • The business or commercial purpose for collecting Personal Information. 

(ii) 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, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
  • detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  • 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;
  • comply with a legal obligation; or
  • make other internal and lawful uses of that information that are compatible with the context in which you provided it.

(iii) Right to Opt Out 

We do not offer an opt out option 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. 

(iv) 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. 

(v) How to Submit a Request

You may submit a request to exercise the rights listed above by:

  • Submitting a request through our Privacy Web Form
  • Calling us toll-free at: (855) 966-2563

(vi) 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.  

(vii) 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. 

c. 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 your Personal Information with third parties for their direct marketing purposes. We do not share Personal Information of California Consumers 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. 

d. 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