BUSINESS & CONSUMER (HYBRID) PRIVACY NOTICE- PROPELLED BRANDS
Last Updated: December 5, 2024
Effective Date: December 5, 2024
This website is targeted at, and information you submit through the website may be collected, stored, and processed in the United States.
This Privacy Notice (“Notice”) describes how Propelled Brands, Inc. and any of their subsidiaries, affiliates and related companies (collectively, “Propelled Brands,” “we,” “us,” or “our”) collects, uses, shares, stores, and protects your information and your rights and choices in relation to your information. This Notice applies to all personal information collected about you by us, including when you do any of the following (collectively the “Services”):
∙ Use our website, located at www.propelledbrands.com, and all corresponding webpages or mobile applications that link to this Privacy Notice (or any of our other websites, collectively, the “Sites”);
∙ Visit our branded social media pages;
∙ Communicate with us during any written, electronic or oral communications;
∙ Become a franchisee with us; and
∙ Purchase our products or services.
For clarity, this Privacy Policy is applicable to information collected on those parts of the Services which may be specific to a particular franchisee. This Notice does not apply to independently owned and operated brand locations, and thus we cannot and do not guarantee that they will follow the terms of this Notice. To the extent you have questions about how an independent brand location is processing your personal information, please contact them directly.
You can jump to particular topics by going to the headings below:
1. Types Of Information We Collect
2. How We Use Your Information
5. Retention
6. Your Choices
9. Other Important Information
10. Contacting Us
11. Additional Information for Residents of Certain U.S. States
1. TYPES OF INFORMATION WE COLLECT
The following provides examples of the type of information that we collect from you and how we use that information.
| Context | Types of Data | Primary Purpose for Collection and Use of Data |
| Account Registration | If we offer you the opportunity to create an account on our sites, we collect your name and contact information when you create the account. We also collect information relating to the actions that you perform while logged into your account. | We use this information to provide account related functionalities to our users, verify your identity, and comply with legal obligations. Accounts can be used for easy checkout and to save your preferences and transaction history. |
| Client Information | We collect the name and contact information of our clients and their employees with whom we may interact. | We collect our client’s and their employees’ contact information to communicate with them about business activities such as projects, services, and billing. |
| Commercial Information | In order to operate your account, process orders, or otherwise provide you Services, we may collect commercial information such as your payment history, purchase history, banking information, transactions through our Sites, and other payment processing information. | We use this information to place your transactions and the actions taken on our Sites and for legal compliance purposes. |
| Cookies and first party tracking | We use cookies and clear GIFs. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a website is viewed. | We use this information to make our website operate efficiently. |
| Cookies and Third Party Tracking | We participate in behavior-based advertising, this means that a third party uses technology (e.g., a cookie) to collect information about your use of our website so that they can provide advertising about products and services tailored to your interests on our website, or on other websites. Some of this technology may be able to track you over time and across different websites. | We use this information to improve our advertising and to provide tailored services to you. |
| Demographic Information | We collect personal information, such as your age or location. | We use this information to understand our users and provide tailored services. |
| Distance Information | When you use one of our Apps we collect your location from the GPS, Wi-Fi, and/or cellular technology in your device to determine your location and your distance from a store that sells our products. | We use this information to understand our users and provide tailored services. |
| Email Interconnectivity | If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases. | We use this information to understand how you interact with our communications to you. |
| Employment Application | If you apply for a job posting, we collect information necessary to process your application. This may include, among other things, your job or employment history. Providing this information is required to be considered for employment. | We use this information to evaluate individuals for possible employment. |
| Feedback/Support | If you provide us feedback or contact us for support, we will collect your name and email address, as well as any other content that you send to us, in order to reply. | We use this information to receive and act upon your feedback or issues. |
| Franchisee Information | We collect you or your employees’ name, and contact information, if you inquire about becoming a franchisee with us. | We collect potential franchisees or their employees’ contact information to communicate with them concerning the contemplated franchise. |
| Mailing List | When you sign up for one of our mailing lists, we collect your email address or postal address. | We share information about our products and services with individuals that consent to receive such information. We also share information about our products or services. |
| Mobile Devices | We collect information from your mobile device such as unique identifying information broadcast from your device when visiting our website. | We use this information to identify whether website visitors are accessing our website from a desktop or mobile device for purposes of data analytics. |
| Order Placement | We collect your name, billing address, shipping address, e-mail address, phone number, and credit card number when you place an order. | We use your information to provide you with products or services. |
| Partner Promotion | We collect information that you provide as part of a co-branded promotion with another company. | We use this information to fulfil our promotions. |
| Surveys | When you participate in a survey, we collect information that you provide through the survey. If the survey is provided by a third party service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information. | We use this information to understand your opinions, and to collect information relevant to our organization. |
| Sweepstakes or contests | When you participate in a sweepstakes or contest, we collect information about you which includes contact information to notify you if you are selected. | We use this information to operate sweepstakes. In some contexts, we are also required by law to collect information about those that enter into our sweepstakes. |
| Website interactions | We use technology to monitor how you interact with our website. This may include which links you click on, or information that you type into our online forms. This may also include information about your device or browser. | We use this information to understand how you interact with our website to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful. We also use this information to assist in detecting and preventing fraud. |
| Web logs | We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors. | We use this information to monitor our networks and the visitors to our websites. Among other things, it helps us understand which of our services is the most popular. |
In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, franchisees, business partners, our affiliates, or publicly available sources.
We do not directly access financial account data in unencrypted form through our Services. Rather, we use vendors to process all payment transactions for our Services. Although these vendors will notify us if your payment has cleared and may submit some of your Personal Information to us, they will not provide your credit card or other payment information to us, and the vendors will be solely responsible for any issues that may arise with your payment transaction.
2. HOW WE USE YOUR INFORMATION
In addition to the above uses, we may also use your information in the below circumstances:
To Provide and Maintain our Services. We use your personal information to provide you with information about our Services. If the Services are to be performed by a third party, then we will disclose the necessary personal information to the third party providing the Services on our behalf.
To Provide You with Franchise Opportunities. We may use your Personal Information to provide you with information about franchise opportunities with us. If the applicable information is to be provided or Service is to be performed by a third party, then we will disclose the applicable information to the third party providing the information or performing applicable Services.
To Provide Customer Support or Respond to You. We may process any information that you provide to us when you contact us, such as with questions, concerns, feedback, disputes or issues. Without your personal information, we cannot respond to you.
To Send You Marketing and Promotional Emails. We may use your personal information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you based on the Services that you already purchased or enquired about unless you have opted not to receive such information. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or the instructions provided in any email we send.
To Post Testimonials. We may use personal information to post testimonials on our Sites. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. You can request your testimonial be updated or deleted at any time by sending a request with your name, testimonial location and contact information.
To Enforce Compliance with Our Terms and Agreements or Policies. When you access or use our Site, you are bound to our Terms and this Notice. To ensure you comply with them, we process your personal information by actively monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities on our Services. We also may process your personal information to: investigate; enforce our agreements with third parties and business partners; and, as applicable, collect fees based on your use of our Services. We cannot perform our Services in accordance with our terms, agreements or policies without processing your personal information for such purposes.
Advise You of Other Services. From time to time, subject to the applicable law, we may share your personal information with third parties or partners, so that they can provide you with more information about their services and products.
For Research and Development. We may use your information to gather analysis or valuable information so that we can improve our Services and to detect, prevent and address technical issues. We may also use your information to monitor the usage of our Sites including without limitation search terms entered, pages visited and documents viewed.
Other Legitimate Business Purposes. We may use your personal information when it is necessary for other legitimate purposes such as protecting our confidential and proprietary information.
We only disclose your personal information to those who really need access to perform their tasks and third parties who have a legitimate purpose for accessing it. Unless described in this Notice, we do not share, sell, rent, or trade any of your personal information with third parties for their own promotional purposes. We may disclose your personal information as described below.
∙ Service Providers and Third Parties. We may employ third-party companies and individuals to facilitate our Services, provide the Services on our behalf, perform Service-related tasks, provide you with additional information on our franchise or assist us in analyzing how our Services are used. These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
∙ Within Our Corporate Organization. We are a part of a corporate organization that has many legal entities, business processes, management structures and technical systems. We may share your personal information within this organization to provide you with the Services, take actions based on your request, or to provide you with information about other services offered by our parts of our organization.
∙ Business Partners. From time to time, we may engage in joint sales or product promotions with selected business partners. If you purchase or specifically express interest in a jointly-offered product, promotion or service, we may share relevant personal information with those partners. While we do not control our business partners’ use of such information, we do take appropriate steps to ensure that they use appropriate safeguards to protect your personal information. Our partners are responsible for managing their own use of the personal information collected in these circumstances, including providing information to you about how they use your personal information. We recommend you review the privacy policies of the relevant partner to find out more about their handling of your personal information.
∙ Mergers and Acquisitions. If we are involved in a merger, acquisition or asset sale, your personal information may be transferred. We will inform any buyer that your information shall only be used in accordance with this Notice.
∙ Compliance with Laws or Regulatory Body. Under certain circumstances, we may be required to disclose your personal information by law or in response to valid requests by public authorities (e.g. a court or a government agency). We may disclose your personal information in the good faith belief that such action is necessary to: comply with a legal obligation; protect and defend our rights or property; prevent or investigate possible wrongdoing in connection with the Services; protect the personal safety of users of the Services or the public, or protect against legal liability.
∙ Consent. We may disclose your personal information for any purpose with your consent.
Additional SMS Terms and Conditions
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Message frequency varies per user.
Message and data rates may apply.
Text HELP for help. Text STOP to unsubscribe.
Carriers are not liable for delayed or undelivered messages.
4. SECURITY SAFEGUARDS
We maintain and require our service providers to maintain appropriate physical, technical and administrative safeguards to protect the security and confidentiality of the personal information you entrust to us. However, we cannot guarantee that loss, misuse, unauthorized acquisition, or alteration of your data will not occur. Please recognize that you play a vital role in protecting your personal information. Furthermore, we cannot ensure or warrant the security or confidentiality of the information you transmit to us or receive from us by Internet or wireless connection, including email, phone, or SMS, since we have no way of protecting that information once it leaves and until it reaches us. If you have reason to believe that your data is no longer secure, please contact us at the email address or mailing address listed at the bottom of this Notice. If we are required by law to inform you of a breach to your personal information, we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
5. RETENTION
We limit our retention of your personal information as long as necessary for the purposes set out in this Notice, but will not retain this information for a period longer than ten (10) years. We will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.
5. YOUR CHOICES
Some jurisdictions give you a right to make the following choices regarding your personal information:
Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.
Right to Know. You may request: (i) a list of the categories of personal information, such as name, address, email address, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (ii) the names and addresses of all such third parties. In addition, you may request: (i) the categories of personal information we have collected about you, (ii) the categories of sources from which personal information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third parties with whom we have shared personal information, and (v) the specific pieces of personal information we hold about an individual. In certain limited circumstances, you may also request to receive access to your data in a portable, machine-readable format.
Changes To Your Personal Information. We rely on you to update and correct your personal information. Most of our websites allow you to modify or delete your account profile. If our website does not permit you to update or correct certain information, you can contact us at the address described below in order to request that your information be modified. You may ask us to correct information that is inaccurate or incomplete. Note that we may keep historical information in our backup files as permitted by law.
Right to Delete. You have the right to request us to delete any personal information we have collected from you or maintain about you, subject to certain exceptions where we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another business purpose.
Right to Opt-Out. You may request to opt-out of our ability to share your personal information to third parties for the purposes of targeted advertising. If required by law, we will grant a request to opt-out of such sharing. You can submit a request by clicking on the Your Privacy Choices link on our Sites.
Exercising Your Rights. To exercise your rights described above, please submit a verifiable consumer request to us by submitting our online form here, or calling us at 877.778.6463. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. Your verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. Depending on the request, we may ask for additional information from you, such as your name and the last time you used a Service. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Right to Appeal. Depending on the law of your state, you may have the right to appeal our decisions about your data subject requests. If you choose to appeal, your request will move from Customer Support to our Legal Department for review. If you would like to appeal a decision regarding your data request, please click here or call 877.778.6463. Please state that your request is an “Appeal,” and describe the date and nature of your original request. We will respond to your appeal within a reasonable timeframe and in accordance with applicable law.
Authorized Agent. In certain circumstances, you are permitted to use an authorized agent to submit requests on your behalf where (i) you provide sufficient evidence to show that the requestor is an authorized agent with written permission to act on your behalf and (ii) you successfully verify your own identity with us. For California residents: if the authorized agent is a business, it must also provide proof that it is registered with the California Secretary of State and authorized to do business in California.
Do-Not-Track (DNT). DNT is a concept that has been promoted by regulatory agencies such as the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing Internet users to control the tracking of their online activities across websites by using browser settings. The World Wide Web Consortium (W3C) has been working with industry groups, Internet browsers, technology companies, and regulators to develop a DNT technology standard. While some progress has been made, it has been slow. No standard has been adopted to this date. As such, the Sites do not generally respond to “do not track” signals.
7. NOTICE TO NEVADA RESIDENTS
This section applies only to Nevada residents. Pursuant to Nevada law, you may direct a business that operates an internet website not to sell personal information the business has collected or will collect about you to third parties, who will license or sell that personal information to other parties.
8. CHILDREN'S PRIVACY
Our Services are not intended for anyone under the age of 16 (“children”). We do not target or knowingly collect personal information from children. We recognize the privacy interests of children, and we encourage parents and guardians to take an active role in their children's online activities and interests. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us. If we become aware that we have collected personal information from a child without verification of parental consent, we will take steps to remove that information from our servers.
9. OTHER IMPORTANT INFORMATION
The following additional information relates to our privacy practices:
Third Party Applications/Websites. Our Sites may contain links to third-party websites. These third-party websites and services are not related to us and may have separate privacy policies and data collection practices. We have no responsibility for these websites.
Changes To This Privacy Policy. We may change our privacy policy and practices over time. If we make a change that we believe materially affects how we process your personal information, we will provide notice of such change via email using the email we have on file for you or that you have submitted to us. Our privacy policy includes an “effective” and “last updated” date. The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified.
Accessibility. If you are visually impaired, you may access this notice through your browser’s audio reader.
10. CONTACTING US
If you have any questions about this Notice, please contact us at privacy@propelledbrands.com or send physical mail to: Propelled Brands, Inc., 2542 Highlander Way, Carrollton, Texas 75006, Attn: Privacy.
11. ADDITIONAL INFORMATION FOR RESIDENTS OF CERTAIN U.S. STATES
This Section 10 (Additional Information for Residents of Certain U.S. States) supplements the information contained in the above Sections of the Privacy Notice, as required and applicable only to Personal Information collected about consumers residing in certain U.S. States.
Notice at Collection. The table below indicates, with respect to the last twelve months, the categories of Personal Information we collect and transfer in a variety of contexts. Please note that because this list is comprehensive, it may refer to types of information that we collect and share about people other than you.
| Categories of Personal Information We Collect | To Whom We Disclose Personal Information for a Business Purpose | Sharing for Cross-Context Behavioral Advertising |
| Identifiers – this may include real name, alias, postal address, unique personal identifier, online identifier, email address, account name, or other similar identifiers. |
| N/A |
| Additional categories of personal information described in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) – this may include signature, physical characteristics or description, state identification card number, insurance policy number, education, bank account number, credit card number, debit card number, and other financial information, medical information, and health insurance information. |
| N/A |
| Commercial information – this may include information about products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
| N/A |
| Internet or other electronic network activityinformation – this may include browsing history, search history, and information regarding an individual’s interaction with an internet website, application, or advertisement. |
| Advertising networks. |
| Geolocation data |
| N/A |
| Audio, electronic, visual, thermal, olfactory, or similar information |
| N/A |
| Non-public education information (as defined in the Family Educational Rights and Privacy Act) |
| N/A |
| Professional or employment-related information |
| N/A |
| Inferences drawn from any of the information listed above |
| Advertising networks |
California Sensitive Information Disclosure. We collect the following categories of sensitive personal information (as defined under California law): Account data such as log-in, financial account, debit card number, PLUS a password or code allowing access to the account (e.g. username and password, credit card number and expiration date). This information is collected in order to process transactions, comply with laws, manage our business, or provide you with services. Note that we do not use such information for any purposes that are not identified within the California Privacy Rights Act Section 1798.121. We do not “sell” or “share” sensitive Personal Information for purposes of cross-context behavioral advertising.
Shine the Light. California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes, to the extent applicable. To make such a request, please send a letter to us at 2542 Highlander Way, Carrollton, Texas 75006 indicating that you are making a “Shine the Light” request.