1. Introduction

Welcome to the Smoothie Bar official Website family! Our Privacy Policy (“Privacy Policy”) describes how we collect, use, and share information about you when you access or use:

a) (i) Smoothie’ websites, portals, applications (including mobile applications), channels, software, and widgets (including as embedded on sites owned by third parties), and

(ii) Smoothie” social media pages and channels (collectively, the “Websites”); and

b) any services, features, media, functions, content, tools, and links contained in or offered via the Websites (collectively, the “Services”).

We may also post other privacy policies or statements on our Websites or Services where applicable. To the extent those other privacy policies or statements conflict with this Privacy Policy, this Privacy Policy shall control to the extent of the conflict with regard to the Websites or Services.

From time to time, we may make changes to this Privacy Policy. When we make such changes, we will do our best to notify you by email, notification or in-app notification, or a prominent notice on our Websites.

2. Information We Collect

We may collect certain types of information in order to better provide our Websites and Services:

1 . Information You Provide: We collect information you provide us, such as:

  • Account Information: If you create an account on any of our Websites or Services (a “User Account”), you may submit personal information such as your full name, e-mail address, home address, phone number, zip or postal code, gender, a profile bio, and birth date. Some users may also choose to submit their (i) means of age verification (e.g., driver’s license), or (ii) medical marijuana recommendation, which may include their recommending doctor’s name and license number, contact information, verification methodology, and verification number (“Medical Marijuana Information”).
  • Public Content: The information that you contribute or post on our Websites or Services (“Public Content”) is intended for public consumption, including your reviews, tips, photos, videos, check-ins, comments, likes, favorites, posts, events, bookmarks, friends, lists, compliments, and User Account name and profile photo.
  • Transactional Information – Orders: If you click the “checkout” button or take any similar action offered through any of our Websites or Services in order to initiate a transaction (an “Order”) with a participating vendor (“Retailer”), you may submit to us personal information such as your name, date of birth, telephone number, delivery address, e-mail address, and/or identification cards. Some users may also submit Medical Marijuana Information for Orders placed through our Websites or Services. Additionally, some users may submit photographs of themselves or signatures in order to process an Order. If you initiate a transaction directly with Weedmaps, including but not limited to via store.weedmaps.com, you may submit to us additional personal information such as your billing address and shipping address.
  • Transactional Information – Other Requests: From time to time, we may make available certain promotional campaigns or request your participation in surveys or advocacy efforts and require participants to provide certain personal information, such as your full name, phone number, mailing address, e-mail address, and professional information.
  • Employee/Agent Information: If you are an employee or agent of a Retailer, you may submit to us personal information such as your name, driver’s license information, and vehicle information, including transportation method, make, model, color, and license plate number.

2 . Information Created When You Use Our Websites and Services:

  • Transactional Information: If you initiate a transaction through any of our Websites or Services, in addition to the information you provide us directly, we also automatically collect certain information, such as the date and time the transaction was initiated or transaction status changes.
    • Location Information: We collect information about your precise or approximate geographic location with your consent, such as when you press a “Locate Me” button or when you act as a driver for a Retailer. We may collect this information from your mobile device if you have enabled such functionality. Some of our Services, such as our WM driver app(s), will not work without permission to track the user’s location and driving behavior. We may also collect your approximate location or IP address from your browser using cookies or other web technologies and infer your location from other information we have collected.
    • Other Browsing and Device Information: We automatically collect information about you when you use the Websites and Services. In addition to transactional and location information described above, the information we automatically collect includes log data and device information including browser type, domain name, the website that led you to our Websites, the website to which you go after leaving our Websites, the dates and times you access our Websites, device ID, and browsing activities within our Websites or Services (e.g., links you click, searches you run, the date and time of your visit or Order, the amount of time you spend on specific pages, the businesses you call, e-mail, or chat using our Websites or Services, including our mobile applications, and the Orders and purchases you make through our Websites or Services). We may collect certain information with the help of cookies and other web technologies–please see our Cookies and Other Web Technologies section below for more information.
    • Communications: From time to time, you may contact push customer support or otherwise contact us; or exchange messages with other Weedmaps users, Retailers or other brands listed on our Websites. Messages that you exchange through our Websites or Services are saved. If you send or receive messages through our Websites or Services via SMS text message, in addition to saving the messages, we may log phone numbers, phone carriers, and the date and time that the messages were processed. We may also store the information that you provide when you communicate with us, including phone calls, letters, e-mails, and other electronic messages, or in person.

3 . Information Collected from Other Sources:

  • Retailers: Retailers may provide us with information about you – either directly or indirectly through their service providers. For example, Retailers may obtain additional personal information from you in the course of fulfilling an Order and share this information directly with Weedmaps. Retailers may store this personal information about you using a point-of-sale or other service provider that enables Retailers to process and fulfill transactions, manage inventory, maintain records, and/or report transactions in accordance with applicable law. Retailers may direct their service provider(s) to share such personal information with us so we can efficiently and effectively facilitate your Order fulfillment, maintain customer records, and otherwise provide our Products and Services in accordance with our Terms of Use and applicable law. Retailers may also utilize loyalty program service providers to reward you for purchases you make with the Retailer from time to time. Retailers may share personal information they have collected relating to their loyalty program with Weedmaps, either directly or through such Retailer’s loyalty program service provider, in order to enable you to use the rewards you have collected in the past and apply them to an Order placed via any of our Websites or Services.
  • Third Party Service Providers: Some of our third-party service providers will collect information from you directly and may share that information with us.  Other third-party service providers may collect information about you via cookies or other web technologies and share that information with us. For more information about the information third parties collect via cookies and other web technologies, see Cookies and Other Web Technologies section below for more information.
  • Other Third Party Sources: If you create a User Account using a third-party log-in service (such as Facebook, Google or Apple), the provider of the third-party log-in service will share personal information about you such as your name and email address to enable us to create an User Account for you. Other third parties that use our Services on a paid or free basis may allow us to collect information about your use of their websites or share such information with us. For example, if you use a Weedmaps embedded brand or dispensary map tool, WM Orders widget, or other Service on a third-party website, we may receive information about your use of that tool, widget or other Service. Additionally, we may acquire information about you from third party sources and combine it with information in our possession. As an additional example, in certain jurisdictions, you may be given the ability to use a third-party payment processor in order to directly pay a Retailer listed on the Websites. In such an instance, the third-party payment processor may provide us with certain payment-related details, including the type of payment card used, the name on your card, the last four digits of your card, and the postal code associated with your card.

3. How We Use Your Information

We may use your information to:

  • Process your request for Services, products, or information;
  • Provide you with customer support;
  • Provide you with personalized offers;
  • Promote the Websites and Services;
  • Improve, upgrade, and enhance our Websites and Services;
  • Analyze system administration, debug and identify repairs, and back up our systems to allow for disaster recovery;
  • Detect security incidents and protect, investigate, prevent, and potentially take action against possible deceptive, fraudulent, unauthorized, malicious or illegal activities;
  • Carry out any specific purposes for which we have obtained your consent;
  • Comply with applicable legal requirements and protect our legal rights and the legal rights of our users and other third parties, including enforcing our Terms of Use, this Privacy Policy, and any other policies governing your access to or use of any of our Websites or Services; and
  • Engage in other legitimate business activities as permitted by law.

4. How We Share Your Information

We generally do not share your personal information, except in the following limited circumstances:

  1. We may share your personal information at your direction, including with third parties such as Retailers to fulfill Orders or other requests you place on our Websites or through our Services. Similarly, by participating in one of our campaigns, such as a referral campaign, you direct us to share your information as contemplated in that campaign.
  2. If you use our Websites or Services to initiate an Order from a Retailer that has designated a Weedmaps-integrated point-of-sale service provider, we will share information from or about you with such third-party service providers so that they may facilitate your requested transaction. The applicable point-of-sale service provider may use your Order-related information to facilitate your Order, including to provide tax calculations, product availability, delivery or other fees, status updates, and as required to process and report cannabis transactions under applicable law. We will only share your Order-related information with a point-of-sale service provider after you initiate your Order, which may include your delivery location, including address (if applicable), Weedmaps internal user identification number, certain Medical Marijuana Information, requested products, and any other information required for the point-of-sale service provider and/or Retailer to provide accurate tax and fee calculations or otherwise facilitate your order in the jurisdiction in which your Order is placed. Retailers may also directly share your Order-related information with their point-of-sale service provider in order to facilitate fulfillment, processing, or reporting of your Order.
  3. If you use our Websites or Services to place an Order from a Retailer that has designated a Weedmaps-integrated loyalty program service provider, we will share information from or about you with such third-party service providers so that they may facilitate your requested transaction, including by enabling you to sign up for rewards programs or use rewards you have previously earned with the same Retailer. The applicable loyalty program service provider may also use information about your Order to enable you to earn rewards for Orders placed via our Websites or Services.
  4. We may share your information with service providers who perform services on our behalf. For example, we may share your information to provide some of the features and services that are available through our Websites or Services, such as communications and hosting services, network security, technical and customer support, tracking and reporting functions, quality assurance testing, payment processing, marketing and promotional features, identification verification, product listings, and brand management. To the extent that you have the legal right to limit our sharing of your information, for example, if you choose not to receive personalized marketing, you may exercise your rights as specified in our Managing and Deleting Your Information and/or Your California Rights: Privacy Notice for California Residents section(s), below.
  5. In the event that Weedmaps is or may be acquired by or merged with another company or involved in any other business deal (or negotiation of a business deal) involving sale or transfer of all or part of our business or assets, we may transfer or assign your information as part of or in connection with the transaction and such acquirer or merged entity may thereafter utilize your personal information in accordance with this Privacy Policy. Finally, in the event of insolvency, bankruptcy, or receivership, information may be transferred as a business asset.
  6. Some of our Websites utilize framing techniques and technology (for example, iFrames) to serve content to you from our third-party service providers and other third parties. In such cases, you are sharing your information directly with the applicable third party. For example, when placing an Order on store.weedmaps.com, you are sharing your payment information with our payment processor, which processes your payment on our behalf. Where you choose to share your information directly with a third party in this way, the privacy policies of such third parties will apply. Some portions of our Websites and Services use Google Services and APIs and this Privacy Policy therefore incorporates Google’s Privacy Policy by reference.
  7. If you are in a jurisdiction where payment processing services are enabled, our Websites may also utilize framing techniques and technology when you use a third-party payment processor in order to directly pay a retailer listed on the Website. In those instances, your information is provided directly to the applicable payment processor and/or retailer, and the applicable payment processor and/or Retailer’s Privacy Policy governs the information that you provide to them.
  8. If you log into our Websites or Services through a third-party service (e.g., Facebook, Google, or Apple), we and the third party may receive and share information about you and your use of our Websites and Services. You should review the privacy policies of these third-party services for more information.
  9. We may share aggregate, anonymized user information in the aggregate with third parties, including with the general public in our marketing materials and in our non-public discussions with third parties such as advertisers, brand managers, and content distributors.
  10. We may disclose information from or about you to government officials, law enforcement or private parties if we believe that such disclosure: (i) is reasonably necessary to comply with federal, state, or local legal process and legally binding law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (ii) is helpful to prevent, investigate, or identify possible wrongdoing in connection with our Websites or Services; or (iii) protects our rights, reputation, property, or that of our users, affiliates, clients, partners, or the public. We may disclose your information if we believe doing so is appropriate or necessary to prevent any liability, or fraudulent, abusive, or unlawful uses, or to protect Weedmaps, our Websites and Services, or any rights, property, or personal safety of Weedmaps or others.
  11. We may share information from or about you (such as your age and gender, your devices, and your use of the Websites and Services) with Retailers, for example, when you initiate Orders, including via any embedded Order functionality on third party websites. Keep in mind that Retailers may see your Public Content and receive information about Orders you place with them as described in our Information We Collect section above, regardless of your settings.
  12. If you are an employee or agent of a Retailer, we may collect and share information from or about you (such as geolocation data or other personal information) with Retailers, in which case Weedmaps is acting as service provider of the Retailer.

Additionally, if you contact a Retailer through or in connection with your use of our Websites or Services, we may share basic information about your call or chat with the Retailer that you contacted, such as the date and time of your call or other contact method and your phone number or other applicable contact information. You may be able to limit our ability to collect and share your phone number through your phone’s settings or phone service provider.

We will not use your Medical Marijuana Information for marketing purposes, other than in the aggregate, or at your request, or with your consent.

5. Cookies and Other Web Technologies

We may use cookies, web beacons, tags, scripts, local shared objects such as HTML5, advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technology in connection with your use of our Websites or Services. In addition, we may allow third parties to incorporate their third-party SDKs, cookies or other technologies into our Websites and Services to perform services on our behalf, such as analytics or advertising services.

For more information about how we use cookies and other web technologies, please see our Cookie Notice.

6. Managing And Deleting Your Information

* If you are a resident of California, please see our Your California Rights; Privacy Notice For California Residents section below.

Your Right To Access and Manage Your Information

You have the right to access, review, correct, or update the information you provide to us as part of your registration for a User Account with our Websites or Services.

You can exercise this right and manage your own information by updating your User Account directly, visiting the Privacy Settings page or by submitting a data request to us pursuant to our Data Requests section below. You are responsible for the information you provide to us, and you should maintain the accuracy of the personal information in your User Account so that we can best provide products and services to you.

You may also be able to disallow our use of certain location data through your device or browser settings, for example, by disabling “Location Services” for the Weedmaps application in iOS privacy settings. Please note, however, that disabling Location Services may adversely impact your experience and the functionality of our Websites or Services, and enabling such services may be necessary in some cases to allow certain actions or transactions.

Your Right To Delete Your Information

You have the right to delete certain personal information you provide to us as part of your registration for a User Account with our Websites or Services, or that you otherwise submit to us, for example, through our Websites or Services. Keep in mind, we may need this information to provide account management and access, and if you choose to delete information, you may not be able to take advantage of certain features of our Websites and Services. Should you choose to delete information, you can exercise this right by submitting a data request to us pursuant to our Data Requests section below. We will never discriminate against you should you choose to exercise these rights.

In some circumstances, we may retain information about you for legitimate business or legal purposes, or for any purposes authorized under this Privacy Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with our Websites or Services, or to comply with legal obligations. Some information may persist in a limited internal capacity for internal administration. We strive to store your information no longer than necessary, and will take steps to delete your information where reasonably possible and permitted by law.

You also cannot delete information associated with past Orders and purchases because we, and third-party businesses listed on our Websites or Services, may be required to maintain records of Orders and purchases for a specified period pursuant to applicable federal, provincial, state, or local law. Also, any public postings or other communications you have made on our Websites or Services, such as in forums or blogs, generally cannot be removed, so please be mindful of the information you include there.

Customer Data

Third-party businesses like Retailers who use our Websites or Services may submit electronic data or information they possess about their own customers to us (“Customer Data”) for various purposes, including hosting and processing. Customer Data may include personal information, including, but not limited to, the name, location, and e-mail address of such customer. Any uses of the Customer Data by Push are conducted pursuant and subject to the terms of Push’ Terms of Use and this Privacy Policy, or as required by law.

If your personal information has been submitted to us by a third-party business using our Websites or Services as Customer Data and you wish to exercise your rights to access, revise, or delete such data, please inquire with the relevant third-party business and submit a data request to us pursuant to our Data Requests section below.

Please note that we take your privacy seriously and therefore take steps to safeguard your personal information, including ensuring an adequate level of data protection in accordance with applicable standards.

If you are not satisfied with how we have stored or processed your personal information, please contact us pursuant to our Contact Information section below.

Data Requests

If you would like to access, revise, or delete any personal information, please submit a written data request by contacting us pursuant to our Contact Information section below.

We will take such steps as we deem necessary to verify your identity before proceeding with your data request. For example, we may ask you for a piece of information held in your records that you might reasonably be expected to know. We cannot disclose personal information pursuant to a data request to anyone other than the individual in question.

Once we have verified your identity and validated your request, copies of the information will be sent to you electronically wherever possible or, if this is not technically possible, by mail.

If you submit multiple data requests and these data requests are excessive or manifestly unfounded, we will charge $20.00 to cover the administrative costs involved in dealing with each data request. We reserve the right to refuse your data requests if they are excessive or manifestly unfounded.

We will process proper and confirmed data requests in accordance with applicable law. If you are not satisfied with the way your data request was handled, you may refer your data request to your state (if in the US) or country’s data protection authority. In the European Economic Area (EEA), any such request should be directed to the appropriate Data Protection Authority in the EU Member States and in Iceland, Liechtenstein, and Norway.

Your Right To Cancel Or Modify Marketing Communications

You have the right to cancel or modify the e-mail marketing communications you receive from us. You can exercise this right by following the instructions contained within our promotional e-mails or, in some cases, by logging into your User Account and changing your communication preferences. Please note that this will not affect subsequent or different subscriptions–if your opt-out preferences are limited to certain types of e-mails, the opt-out will be so limited.

While you can manage some of your e-mail preferences, please note that you cannot opt out of receiving certain administrative, transactional, or legal messages from Weedmaps, which we may send in the course of legitimate business if you are signed up for a User Account and/or use certain features. Such announcements can be terminated by asking us to close your User Account.

You have the ability to modify certain personalized Weedmaps marketing you receive on third-party websites by visiting the Privacy Settings page. When we display Weedmaps advertising on other websites, we may use personal information for the purpose of showing you more relevant advertising that is selected based on information we have obtained or inferred over time based on your activities on our platform (“targeted advertising” or “cross-context behavioral advertising”). If you opt out of this personalized advertising, you may still see Weedmaps advertising on other websites, but it may be less relevant to you.

7. Your California Rights; Privacy Notice For California Residents

This California Privacy Notice (“CA Privacy Notice”) supplements the information contained in the Privacy Policy and applies solely to visitors, purchasers, users, and others who reside in the State of California (“California Consumers” or “you”), and who use our Services, as referenced above in the Privacy Policy. In the event of a conflict between this CA Privacy Notice and the Privacy Policy, this CA Privacy Notice will prevail only to the extent of resolving such conflict.