1. Types of Information We Collect

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.

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:

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:

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.

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.

We collect information from users as described in our Privacy Policy. The "Personal Information," as defined in California Civil Code Section 1798.140(o), we collect includes:

California residents may have specific rights regarding Personal Information. Where applicable law allows, these requests may be submitted at no cost. We review and respond after completing identity verification and within the timelines required by law.

You may ask us to provide details about Personal Information collected during the prior 12 months, including:

You may request correction of inaccurate Personal Information we hold, considering the nature of the information and processing purpose. Tropic Rewards members can update profile details directly, except for birthdate.

You may request deletion of Personal Information collected from you, and we will also direct service providers to delete where required, subject to legal exceptions. We may retain information when necessary to:

You may opt out of sharing Personal Information for cross-context behavioral advertising by submitting our request form or calling our toll-free number. We also honor valid opt-out preference signals recognized under California law.

We do not offer a sale opt-out mechanism because we do not sell Personal Information under the CCPA definition and have not done so within the prior 12 months.

We do not provide a separate limitation right for sensitive Personal Information because we do not use sensitive Personal Information to infer consumer characteristics under CCPA standards.

We will not discriminate against you for exercising privacy rights. This means we will not deny services, reduce service quality, or apply punitive pricing solely because you submitted a lawful privacy request.

You may submit a request using either method below:

Before processing certain requests, we may ask for sufficient information to verify identity, validate authorization, and clarify the scope of the request.

You may authorize an agent to submit requests on your behalf. We may require proof of authorization and additional verification. To access this policy in an alternative format, please see our Accessibility Policy.

California residents may request that we not share Personal Information with third parties for their direct marketing purposes. We do not disclose California residents' Personal Information to third parties for that purpose.

Our websites and apps are not configured to respond to browser Do Not Track signals.

You may contact us about California privacy rights by:

Tropic Rewards members may earn points per qualifying purchase and through promotional point opportunities. Points can be redeemed for eligible items. We collect Personal Information to administer Tropic Rewards.

You may enroll in or leave Tropic Rewards at any time through the Tropical Smoothie Cafe App. We estimate in good faith that consumer benefit from rewards generally exceeds the value of Personal Information collected for program operation.

TSC is mindful of its responsibilities under the Virginia Consumer Data Protection Act (VCDPA). This section applies to Virginia Consumers as defined by that law.

Categories may include identifiers, protected classification information such as birthdate, commercial information, internet/network activity data, geolocation information, and inferences derived from those categories.

Our processing purposes are described in the How and Why We Use Your Information section.

We may share these categories with franchisees, service providers, and other third parties as described in the Disclosure of Personal Information section, including certain advertising-related partners where permitted by law.

Virginia residents may have rights to know, correct, delete, receive copies of data, and opt out of specific processing activities, subject to statutory limits and verification.

You may request confirmation of processing and access to Personal Information we process about you.

You may request correction of inaccuracies based on the nature and purpose of processing.

You may request deletion of personal data you provided and data we obtained about you.

You may request a portable and reasonably usable copy of Personal Information previously provided to us, where technically feasible.

You may opt out of processing for targeted advertising and other activities covered by VCDPA, as applicable.

We may request information needed to verify identity, authority, and request details before completing responses. To appeal a decision regarding your request, please call our toll-free number.