TCBY Privacy Policy

Effective Date / Last Updated: 7/18/24 TCBY ("We", "Our" or "Us") takes your privacy very seriously. Please carefully read this Privacy Policy and familiarize yourself with our privacy practices regarding your personal information and how we will use it. This Privacy Policy applies to Our site, including mobile sites or apps (collectively, the "Sites"). Please see the “U.S. State Privacy Rights” section of this Privacy Policy for information about rights you may have pursuant to applicable privacy laws. By visiting the Sites, you accept this Privacy Policy and Cookie Disclosure Policy, which are hereby incorporated. If you do not agree with these policies, do not use the Sites.

  1. Notice at Collection: What Information We Collect

We may collect your personal information at various points throughout the Sites. We may collect personal information such as:

  • Identifiers such as your name and account login credentials;
  • Contact information such as your email address, mailing address, and phone number;
  • Information about yourself that you voluntarily provide to us, such as your communication preferences (e.g., receiving SMS messages, e-mails, or phone calls) and your birthday;
  • Financial information such as your payment card number;
  • Commercial information such as records of purchases, including dates, times and locations of purchases;
  • Precise geolocation information;
  • Internet and other electronic network activity information such as your IP address, general location information, device identifiers, session IDs, your browsing history on the Sites, the pages you visit, the length of time spent on certain pages, the website Uniform Resource Locator (“URL”) from the website you were visiting before coming to this Site, which URL you next visit, device type, what browser you are using, Internet service provider, date/time of visit information, and operating system;
  • Audio, electronic, visual, or similar information, such as customer service interactions, call recordings, transcripts, files you attach, and email, text, or other correspondence;
  • Inferences drawn from any of the information identified above.

Some of the information described above may be considered “sensitive” under the laws of certain jurisdictions (including payment information and account login credentials) (“Sensitive Information”). Whether information is Sensitive Information will depend on the laws of your jurisdiction.

  1. Notice at Collection: Uses of Personal Information

Your information may be used in several ways:

  • To enable us to process, validate and verify subscriptions;
  • To alert you to new projects, Sites features, special events and services;
  • To conduct surveys to measure your satisfaction with our service;
  • To enforce our rights arising from any contracts entered into between you and us;
  • To protect our rights or property or our safety, our members, or others;
  • To comply with any court order, legal process, or respond to any governmental or regulatory request, and to verify your identify if you make a privacy-related request;
  • To transfer information in the event of a merger, transfer of assets or other organizational restructuring;
  • To allow you to make a purchase;
  • To operate our loyalty and rewards programs;
  • To provide, support, personalize, and develop our Sites, products, and services;
  • To monitor and evaluate our Sites and identify where we should make changes or expand services;
  • To find the location nearest to you;
  • To display targeted ads about goods and services or otherwise market products and services that may be of interest to you;
  • To give our marketing and development staff information that's useful for developing new features and services that meet subscriber needs;
  • To provide customer service and support, and for quality control or training purposes;
  • As otherwise permitted by law, or for other purposes we describe at the time we collect your information.

We use Sensitive Information for necessary or reasonably expected purposes – specifically, to provide you with services on our Sites (i.e., to fulfill purchases and allow account logins) and as authorized by law. We use precise geolocation information to allow you to find the location nearest to you and navigate there.

  1. Notice at Collection: Personal Information Sold or Shared to Third Parties in the Preceding 12 Months

We sell or share the following personal information with third-party partners such as advertising networks, social networks, data brokers, agencies, other advertisers, and our affiliates which may not share common branding so that we and/or our third-party partners can deliver targeted ads and other tailored communications to you: Personal Identifiers; Commercial Information; Internet or other electronic activity information; and Inferences. If you would like to opt-out of the sale or sharing of any of the information as above, please submit an opt-out request via support@tcby.com, or by calling us at 1-800-348-6311.

  1. Notice at Collection: Retention Periods

We retain the categories of personal information we collect for the length of time necessary to provide our services and to comply with legal obligations or to protect our legal rights.

  1. Sources of Personal Information

We collect and obtain personal information from:

  • You. We collect personal information that you voluntarily provide to us, for example when you communicate with us via email or other channels, when you visit our Sites, including by submitting orders or inquiring about our services; participate in our surveys; or when you otherwise voluntarily provide information to us.
  • Service Providers. We may use third-party service providers or other third-party organizations helping to support our mission that may collect, store, or process your personal information on our behalf, such as to complete your request (e.g. completing a transaction or to outsource one or more of the functions described above).
  • Affiliates. We may get information about you from other companies that are a part of the Famous Brands International, LLC family of brands.
  • Advertising and Marketing Partners. We work with companies that help us deliver, measure, and analyze the effectiveness of our ads. These companies collect information about you when you interact with ads on our platforms and on the websites where our ads are displayed.
  1. Sharing of Personal Information

We may use third-party service providers or other third-party organizations to gather personal information and provide services on our behalf. Specifically, we will share your personal information with the following categories of third parties:

  • Within the Famous Brands International, LLC family of brands, including with our affiliate companies;
  • Service providers who help us to provide the services that you request. For example, we do not collect or process your financial information for purposes of processing payments; instead, we pass that financial information along to a third party payment processor. We require third parties who are providing services on our behalf to limit their use of your information to the limited purpose for which it was shared, and to employ reasonable security to protect your information;
  • Third parties who may use your personal information for their own independent purposes in accordance with their own privacy policies. For example, we share personal information with agencies, advertisers, our affiliates and other third parties who provide products/services that may be of interest to you or who serve ads. We work with third-party advertising networks, social networks, data brokers, and other companies to serve ads when you visit our Sites. These companies may use information about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here. Additionally, third-party advertisers may send advertisements or other marketing materials. If you would like more information about this practice and to know your choices about not having this information used by these companies, please send us an email to support@tcby.com. The “U.S. State Privacy Rights” section, below, also has information about your choices for these practices.
  • Third party analytics companies that help us to monitor traffic on the Sites, learn how users are navigating our Sites, and help troubleshoot or improve the services we provide;
  • We share precise geolocation information with Google to show you the location nearest and navigate there. Google uses precise geolocation information as described in its privacy policy, available here, and in disclosures available here;
  • Law enforcement or legal authorities, in response to lawfully served process or subpoena. Occasionally we may be required by law enforcement or judicial authorities to provide personal information. We will disclose personal information upon receipt of a court order, subpoena, warrant, or other legal process to the extent necessary to meet legal, national security, public interest, or law enforcement obligations. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful;
  • Successor company or companies in the event that we cease operations for any reason. In the event that we enter into an agreement to be purchased by another company or to merge with another company, we may share personal information with that company;
  • Market-research firms, as more fully described below.
  1. Research

We may contract with a market-research firm to conduct occasional online surveys. When you're within our sites, you may see a pop-up window offering you the optional opportunity of participating in a survey. If you do not wish to participate, simply click the "No, Thank You" link and you will not see this window again. If you choose to participate, you'll be prompted to answer a series of online questions. You will be prompted to enter your e-mail address for validation purposes but no other personal information (name, address, etc.) will be collected as part of the survey. In some cases, however, you may be offered a free gift for your participation. We will need your name and address to fulfill your gift request.

  1. Emails and Text Message Services

Emails. You can opt out of receiving our marketing emails. To stop receiving our marketing emails, you can follow the “unsubscribe” instructions in any marketing email message you get from us. Even if you opt out of getting marketing emails, we will still send you transactional messages. These include responses to your questions. Text Messages. You may opt-in to receive automated text messages from and on behalf of TCBY in a variety of ways, including, but not limited to, by entering a phone number on the Sites, or signing up at a point-of-sale location (“Text Services”). If you sign up, we may send automated text messages from and about TCBY to the mobile number you provided, such as announcements, promotions, specials, alerts, messages about our loyalty program, and administrative messages. You have the ability to opt out of our Text Services from us at any time and for any reason. You can opt out by texting or replying “STOP” or “QUIT” to any message you receive from us. You can also text “HELP” for help. To send these messages, we collect your mobile phone number, your mobile phone carrier’s name, your opt-in / opt-out status, and the date, time, and content of your and our messages (“Mobile Information”). For purposes of these TCBY Text Services, we and our service providers use and share your Mobile Information just to send text messages from and about TCBY.

  1. Cookie Technology

We also employ cookie technology to help subscribers move faster through our Sites. When you use one of our Sites, we pass several cookies to your computer. A cookie is a string of information that's sent by a website and stored on your hard drive or temporarily in your computer's memory. This avoids the potentially time-consuming task of checking our registration database each time a page is requested. The cookie is deleted when a user chooses the log out feature to terminate their session. We also employ cookie technology to store subscribers' user names and passwords. Read our cookie disclosure statement and view a cookie-by-cookie breakdown.

  1. U.S. State Privacy Rights

You have the following rights, where provided under applicable state law, regarding your personal information (each of which are subject to various exceptions and limitations): Right of Access. You have the right to know/access your personal information maintained by us. Upon receipt of a verifiable request to access personal information, we will disclose and deliver, free of charge, the personal information requested for the 12-month period preceding your request. Please note that we are not required to provide personal information to you more than twice in a 12-month period. You can request to revoke your prior consent and request to confirm the processing of your personal information. If you are an Oregon resident, you may also have the right to request a list of the third parties to which we disclosed personal information. Right of Correction. You have the right to request that we correct inaccurate Personal Information collected from you, subject to certain exceptions allowed under applicable law. We will accept, review, and consider any documentation that you provide in connection with your right to correct, provided you make a good-faith effort to provide us with all relevant information available at the time of the request. Right of Deletion. You have the right to request that we delete any personal information about you which we have collected from you. We will comply with your request to delete personal information unless certain exceptions apply. Right to Opt-Out. You have the right to opt-out of the “sale” or “sharing” of your personal information (defined very broadly to include situations where we provide personal information to partners who provide advertising services to us) and the use of personal information in connection with the display of targeted advertising across third party websites. You submit an opt-out request via support@tcby.com, or by calling us at 1-800-348-6311. We will act on your request within the timeframes set forth below. We also honor the Global Privacy Control, a browser-based opt-out signal. We do not respond to other browser-based signals that do not meet applicable state law requirements, which may include older Do Not Track signals. Right to Limit. You have the right to ask us to limit our use and disclosure of your sensitive personal information. Right to Appeal. You have a right to appeal decisions concerning your ability to exercise your consumer rights. Submission of Requests for Information. We have designated the following methods for consumers to submit requests:

  1. By submitting a request via support@tcby.com
  2. By calling 1-800-348-6311

Verification of Identity – Access, Correction, or Deletion Requests. After you submit a request, we will promptly take steps to determine whether your request is a verifiable request. We will verify that you are who you say you are by having you provide unique information relating to a recent transaction or order. For requests for access, correction, or deletion, we will first acknowledge receipt of your request within 10 business days of receipt of your request. We provide a substantive response to your request as soon as we can, generally within 45 days from when we receive your request, although we may be allowed to take longer to process your request under certain circumstances. If we expect your request is going to take us longer than normal to fulfill, we will let you know. For requests to stop the sale or sharing of your personal information, we will comply no later than 15 business days after receipt of your request. As noted below, we do not knowingly collect information from or about children, including children aged 13 and under. We do not sell or share information of minors under 16 years of age. Authorized Agent. have the right to designate an authorized agent to submit an access, correction or deletion request on your behalf. If you use an authorized agent to submit such a request, we will require that you:

  1. Provide the authorized agent written permission to act on your behalf; and
  2. Verify your own identity with us before we can honor the request.

No Discrimination. We will not discriminate against you for exercising any of the rights described herein. Notice at Collection Disclosure. For our notice at collection, see Sections 1-4 of this Policy. Notice of Financial Incentive. From time to time, we may offer financial incentives in connection with the collection or use of personal information. The material terms of the financial incentive will generally be presented to you at the time you sign up. You may withdraw from any financial incentive at any time by emailing us at support@tcby.com. California ”Shine the Light.” California's "Shine The Light" law permits California residents to annually request and obtain information free of charge about what personal information is disclosed to third parties for direct marketing purposes in the preceding calendar year. For information, please contact us at support@tcby.com.

  1. Third Party Websites

Our Sites may contain links to other websites provided by third parties. Please be aware that we do not control these third-party websites or any of the content contained on those websites. Once you have left our Sites, we cannot be responsible for the privacy practices of such other websites. We encourage you to exercise caution and to read the privacy policy for the website you visit. The inclusion of hyperlinks to third party websites on our Sites in no way constitutes an endorsement by us of such websites’ content, actions or policies.

  1. Security

We are committed to maintaining your confidence and trust, and takes steps to help protect the personal information you provide to us. However, no transmission or electronic storage of information is guaranteed to be secure. We therefore urge you to always use caution when transmitting information over the Internet.

  1. Children

The Sites are not intended or directed toward children under 13 years of age, nor do we knowingly collect information from children under 13. If you are under 13, please do not use the Sites or submit any personal information to us. If we discover that we have collected personal information from a child under 13, we will take appropriate steps to remove or disable that personal information from our systems. If you believe that we have inadvertently collected personal information from your child under 13 years of age, please contact us at support@tcby.com.

  1. Data Controller, Data Protection Officer

We are responsible for your privacy protection and is the official service provider. If you have questions regarding our website, the following information, or if you would like to contact our privacy protection representative, please contact us at support@tcby.com. Our Data Protection Officer is Dawn Capobianco and can be reached at this email support@tcby.com or by physical mail at Famous Brands International, LLC, Attention: Privacy, 1717 South 4800 West, Salt Lake City, UT 84104

  1. Changes and Updates

We may revise this Privacy Policy from time to time. We will post any material changes on this page and update the date at the top, so please check back periodically. Your continued use of the Sites after changes have been posted will constitute your acceptance of this Privacy Policy and any changes, unless otherwise required by applicable law.

  1. International Visitors

We store and process your data in the United States, and we direct our services to residents of the United States. If you are a visitor to this Site and prefer not to have your personal information transferred to the United States, or one of its territories, do not use this Site. Otherwise, by using this Site or providing any information, you consent to the transfer of personal information to the United States and other destinations outside your home country.

  1. Contact Us

If you have any questions, concerns, or suggestions regarding this Privacy Policy, or to update any information you have provided us, please send us an email at support@tcby.com.