Privacy Policy

Privacy Statement & Other Legal Information

Effective December 2014

 

The owner of this website is Pinkberry, Inc. (or “we”), which is located at 3130 Wilshire Blvd., Santa Monica, CA 90403. The term “you” refers to the viewer of this website.
 
We hope you will enjoy your experience at each Pinkberry™ store and visit the stores and this website often. However, if you browse and use this website, you agree to the following terms and conditions. If you do not agree, you should not use this website. The Pinkberry brand and reputation were built on a foundation of trust. This Pinkberry Privacy Policy (“Policy”) describes how Pinkberry collects, uses and discloses personal information of customers through our websites and online services, including Pinkberry.com and other Pinkberry owned or operated websites and online services that link to this policy (collectively, the “Sites”), through our programs and in our physical stores (“Services”). This Policy does not apply to websites and services that display or link to different privacy statements. Websites and services co-branded with other partners may display or link to a joint privacy statement or separate privacy statements of our partners in addition to our Policy.

 

INFORMATION FOR PARENTS ABOUT OUR PRIVACY POLICY

Our website policy is that visitors under 18 years of age should not submit or post any information on our website.
 

WEBSITE USE AND COPYRIGHT NOTICE

The information contained on our website is provided AS IS, and without any express or implied warranty of any kind. We may change the information anytime, and you understand and acknowledge that it could contain inaccuracies or errors. We try to keep your website running well, but do not warrant or guarantee its proper operation. You use this information and this website entirely at your own risk. This website contains our intellectual property. Pinkberry, Inc. is the exclusive owner of Pinkberry trademarks, service marks, copyrights, logos, trade dress and other identifiers or intellectual property. You shall not use any of these trademarks or other Pinkberry intellectual property without our express written permission. You also shall not, without our express written permission, copy, modify, upload, publish, post or otherwise distribute the graphic displays or text, which are our exclusive property.
 

LIMITATION OF LIABILITY

We are not, and shall not be, liable for any damage or injury caused by any failure of performance, error, omission, delay in operation of transmission, computer virus, or line failure, or any other events. We have no liability for any damages or injury, including but not limited to, special or consequential damages that result from the use of, or the inability to use, this website and/or the information it contains. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.
 

DMCA NOTICE PROVISIONS

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over the website and to promptly end any infringement that might occur.
 
How to Send a Notice of Copyright Infringement
In you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on our website infringes one of your copyrights, you may notify us using this procedure. In order for us to process your notice of copyright infringement, it must be sent to the agent designated below and must include the information specified below. When we receive a notice under this procedure, we will expeditiously remove or disable access to the material that is claimed to be infringing or to be the subject to our completing our investigation into any such claims.
 
Send your notice of infringement to our designated agent for receiving such notices to Pinkberry CFO. Notification should be sent to 3130 Wilshire blvd., Santa Monica CA 90403 or emailed to licensing@pinkberry.com
 
Do not send any inquiries unrelated to copyright infringement (e.g., Requests for technical assistance or customer service, reports or e-mail abuse, etc.) to the contact listed above. You will not receive a response if sent to that contact.
 

FRANCHISE TERMS OF USE

The information on this web site is not an offer to sell, or a solicitation of an offer to buy a Pinkberry store franchise. An offer to sell a Pinkberry store franchise is made by disclosure document only.
 
Pinkberry store franchises are available to qualified prospective franchisees only in certain states. Pinkberry franchising company will not offer or sell a franchise unless it is registered (or exempt) in the state where the prospective buyer resides or where the franchise will be located. This offer is not being directed to any resident of the following states, or any state, province, country or jurisdiction where Pinkberry franchising company is not currently registered to offer or sell, unless otherwise qualified or exempt:
 
Hawaii, Illinois, Indiana, Maryland, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, Wisconsin, Michigan, Nebraska, Utah, Texas, Connecticut, Maine, Georgia, South Carolina, Louisiana, North Carolina and Kentucky
 

What Type of Information Does Pinkberry Collect?

Personal Information that may be collected by Pinkberry may include:
 

  • Name, postal address, phone number, and e-mail address.
  • Financial account information, such as credit card number and other payment information.
  • If you create an account – your username, password, your city of birth, your birthday and mobile phone number.
  • If you buy goods at our stores or through our programs or otherwise – what you buy, where you buy, how frequently you buy and rewards you earn.
  • If you use our mobile applications to buy goods using a PinkCard – information such as your device ID, your location and stores near you and visited by you may be collected.
  • If you take a survey or interact with us in various other ways – demographics information and information about subjects that may interest you.

 
We may automatically collect website use information when you visit our webites. This information may include information about your Internet service provider, your operating system, browser type, domain name, Internet protocol (IP) address, your access times, the website that referred you to us, the Web pages you request, and the date and time of those requests. Our collection of website use information may involve the use of cookies and web beacons. Cookies are small data files stored on your hard drive by a website to, among other things, help us improve our Sites and your experience. In addition, this website uses targeting or advertising cookies to see which areas and features are popular and to count visits to our websites. These cookies are used by third parties such as social networks and advertisers to provide services in return for recognizing that you have visited our website. They are usually placed by advertising networks with the website operator’s permission. They remember that you have visited our websites and this information is shared with third party organizations such as advertisers. Quite often targeting or advertising cookies will be linked to website functionality provided by the third party organization.
 
Examples include:
 

  • To allow “Like” buttons and “Share” buttons to work
  • To collect information about your browsing habits and share it with other websites so they can display advertising that is more relevant to you

 
Web beacons are electronic images that may be used on our websites or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon. Pinkberry may also collect aggregated data that does not directly identify you. We may combine information we collect about you with information we receive from third parties.
 

How Does Pinkberry Use Information About You?

Pinkberry may use information about you for purposes described in this Policy or disclosed to you on our websites or in connection with our products or services. For example, we may use information about you to:
 

  • Process and manage your purchase and use of Pinkberry products and services, including your accounts and program participation.
  • Respond to your customer service inquiries, post your comments or statements on any blog or other online forum maintained on our websites, or take other actions in response to your inquiries or other website activities.
  • Create personalized promotions by combining your personal information with non-personal information about you, such as the amounts and types of purchases you make or any benefits you receive through our programs.
  • Communicate with you about your orders or purchases, your services, accounts and program participation, a contest or sweepstakes you have entered, and your requests for information.
  • Communicate with you about our brands, products, events or other promotional purposes, including co-branded offers and affiliate and partner offers.

 

Does Pinkberry Share Personal Information with Third Parties?

  • Pinkberry shares your personal information in limited ways.
  • We may share personal information about you with others only with your consent.
  • We may also share information with companies that provide support services to us (such as credit card processors, mailing houses or website hosts) and that help us market our products and services (such as email vendors). These companies may use information about you to perform their functions on our behalf.
  • We may disclose specific information (i) upon lawful request, in response to legal process, and when required to comply with laws, (ii) to enforce our agreements, corporate policies, and terms of use or (iii) to protect the rights, property or safety of Pinkberry, our employees, agents, customers, and others.
  • If you participate in any blog or other online forum on our websites, any personal information that you post on our websites may be shared with other forum participants and website visitors.
  • In the event of a merger, acquisition, financing, or sale of assets or any other situation involving the transfer of some or all of our business assets, Pinkberry may disclose personal information to those involved in the negotiation or transfer.

 

What Choices Does Pinkberry Offer About Personal Information?

Pinkberry offers choices for you to request to update or change your personal information and how we communicate with you. Here are some of the ways you can request changes:
 

  • Follow the opt-out instructions in promotional emails we send you.
  • Log in to your Pinkcard account, if you have one, and visit the profile management section to manage your contact information (SMS text, email and postal address) preferences and to update your personal information.
  • Email lovemeback@pinkberry.com if you keep getting unwanted emails and information from Pinkberry.

 
If you opt out of receiving promotional communications from us, we may still send you non-promotional communications such as emails about your accounts or our ongoing business relations.
 

How is Personal Information Secured?

Pinkberry takes reasonable steps to maintain appropriate physical, technical and administrative security to help prevent loss, misuse, unauthorized access, disclosure or modification of personal information.
 
While we take these reasonable efforts to safeguard your personal information, no system or transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
 

Privacy Policy Updates

We may update this privacy policy from time to time. When we do so, we will post the new privacy policy on this page and change the date at the top of the policy. We encourage you to check the date of our privacy policy when you visit this website for any updates or changes. We will notify you of any modified versions of the privacy policy that might materially affect the way we use or disclose your personal information.
 

Questions and Feedback

We welcome your questions, comments and concerns about privacy.
 
Pinkberry Customer Service can be contacted online at lovemeback@pinkberry.com or by postal mail at Pinkberry Customer Service, 3201 Wilshire Blvd., Ste 301 Santa Monica, CA 90403