Privacy Statement & Other Legal Information
Effective December 2014
The owner of this website is Kahala Franchising, L.L.C. (“Kahala” or “we” or “Pinkberry”), which is located at 9311 E. Via De Ventura, Scottsdale, AZ 85258. The term “you” refers to the viewer of this website.
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. Kahala is the exclusive owner of the Pinkberry trademarks, service marks, copyrights, logos, trade dress and other identifiers or intellectual property in the United States. 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 Legal Dept.. Notification should be sent to 9311 E. Via de Ventura, Scottsdale, AZ 85258 USA or emailed to firstname.lastname@example.org
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.
The information on this website is for informational purposes only and is not intended as an offer to sell, or the solicitation of an offer to buy, a franchise; nor is it directed to the residents of any particular jurisdiction within the U.S. or elsewhere. The following states currently regulate the offer and sale of franchises: CA, HI, IL, IN, MD, MI, MN, NY, ND, RI, SD, VA, WA, and WI. If you are a resident of one of these states, we will not offer you a franchise until we have completed the applicable registration or obtained the exemption from registration, and completed the applicable disclosure requirements. Regardless of what state you reside in, an offering can only be made by a franchise disclosure document.
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.
- 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.
- 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 email@example.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.
Questions and Feedback
We welcome your questions, comments and concerns about privacy.
Pinkberry Customer Service can be contacted online at firstname.lastname@example.org or by postal mail at Pinkberry Customer Service, 9311 E. Via De Ventura, Scottsdale, AZ 85258