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Privacy Policy

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THIS PRIVACY POLICY APPLIES TO YOUR ACCESS AND USE OF ANY Flaming Ice ONLINE SERVICES THAT POST A LINK TO THIS PRIVACY POLICY, INCLUDING OUR WEBSITES, APPLICATIONS, PLATFORMS, LOYALTY PROGRAM, STORED VALUE CARDS, FRANCHISEE PROGRAMS AND OTHER ONLINE PROGRAMS. BY DOWNLOADING OR USING ANY OF THE Flaming Ice ONLINE SERVICES, YOU ARE AGREEING THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS PRIVACY POLICY, OUR TERMS OF USE, AND CONSENT TO OUR COLLECTION, USE AND DISCLOSURE PRACTICES, AND OTHER ACTIVITIES DESCRIBED IN THIS PRIVACY POLICY. IF YOU DISAGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR TERMS OF USE, THEN PLEASE DO NOT USE ANY OF THE Flaming Ice ONLINE SERVICES.


This Privacy Policy describes the types of information that Flaming Ice and its affiliates (“Flaming Ice” or “we” or “us”) collects from you when you visit icecreamandelivers.com , or (“Websites”) and other parts of the Flaming Ice Online Services, and how we use, share and protect that information. Please note, this Privacy Policy does not apply to information collected by our franchisees, or through any other entity sites that link to or are accessible from the Flaming Ice Online Services. Please read on for more details about our Privacy Policy.

You can jump to specific areas of our Privacy Policy by clicking on the links below, or you can read on for the full Privacy Policy:


What Kind of Information We Collect

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Whether accessing the Flaming Ice Online Services from your home computer, mobile phone, or other device, Flaming Ice and its agents collect information you directly provide. For example, we collect information when you register an account, join our loyalty program (hereinafter “Loyalty Program”), enroll in our mailing lists or text message campaigns, locate a restaurant, apply for a job, interact with Customer Care, or otherwise communicate or transact with us through the Flaming Ice Online Services. We also collect information when you access the Flaming Ice Online Services using voice functionality services available through the microphone on a device. 

The information we collect includes information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you (“personal information”). The categories of information we collect, which includes the kinds of information we have collected in the last 12 months, include the following:

  • Name and Contact Data:  We collect your first and last name; mailing address; telephone number; e-mail address, and other similar contact data.  If you are a franchisee, we collect your contact information and that of certain of your employees to whom you direct us for a specific purpose;

  • Credentials:  We collect username and password , and similar security information (for account authentication and administration)

  • Demographic Data:  We collect information about your interests and activities, your gender, month and day of birth, and other demographic information;

  • Payment Data:  We collect data necessary to process your payments if you make purchases through the Flaming Ice Online Services, such as your financial account information and other payment information, or other forms of payment including Stored Value Cards;

  • Contacts: In some cases, and with your consent, we collect information that you provide about others, including first and last name, email address, and phone number of your personal contacts, such as when you send your contacts benefits, coupons, or gifts. We will use the information you provide to fulfill your requests, including (if applicable) sending them a text message, and we will not send marketing communications to your contacts unless they have a separate relationship with us. Such functionality is intended only for United States residents. By using this functionality, you acknowledge and agree that both you and your contacts are based in the U.S. and that you have your contacts’ consent for us to use their contact information to fulfill your request;

  • Content:  We collect the content of messages you send to us, such as feedback and information you provide to customer service.  We also collect the content of your communications as necessary to provide you with the Flaming Ice Online Services you use;

  • Contests/Promotions: We collect additional information necessary for the administration of certain promotional events or features of our Loyalty Program; and 

  • Resume Data.   We collect data as necessary to consider you for a job opening if you submit an application to us, such as your employment and education history, transcript, writing samples, and references.  

If you are accessing the Flaming Ice Online Services as a current or potential franchisee, we may ask you to provide additional Information, including your full date of birth, contact information, financial information, and employment history.

When you visit a Flaming Ice franchise, we may also collect your name from your payment card information that you input through an in-store kiosk in order to display your name when your order is ready.

You may choose to voluntarily submit other information to us through the Flaming Ice Online Services that we do not request, and, in such instances, you are solely responsible for such information. Please note that if you access the Flaming Ice Online Services using voice functionality services available through the microphone on a device, it may collect background noise or communications that you do not voluntarily provide. Therefore, you should take steps to prevent the communication of unnecessary information when accessing the Flaming Ice Online Services using voice functionality services.

Information once “de-identified” is not subject to this Privacy Policy and we may treat it as non-personal Information and use it without obligation to you except as prohibited by applicable law.  

Information Collected Automatically

In addition, we automatically collect information about your device and how your device interacts with the Flaming Ice Online Services. We also use Service Providers and business partners to collect this information. The categories of information we automatically collect, including what we collected in the last 12 months, include the following:

  • Service Use Data: We collect data about the features you use, the pages you visit, the e-mails and advertisements you view, the products and services you view and purchase, the time of day you browse, your referring and exiting pages, and other similar information.

  • Device Connectivity and Configuring Data: We collect data about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and other similar information: This data also includes IP address, MAC address, device advertising ID (e.g., IDFA or AAID), and other device identifiers.

  • Location Data: We collect data about your device’s location, which can be precise (e.g., latitude/longitude data) or imprecise (e.g., location derived from an IP address or data that indicates a city or postal code level).

We use various tracking technologies to automatically collect information (“Tracking Technologies”), when you use the Flaming Ice Online Services, including the following: 

  • Log Files: A log file is a file that records events that occur in connection with your use of the Flaming Ice Online Services, such as your service use data.

  • Cookies: Cookies are small data files stored on your device browser directories to store your information about your use of the Flaming Ice Online Services and your activities online (collectively, “Cookies”). A Cookie will typically contain the name of the domain (internet location) from which the Cookie has come, the “lifetime” of the Cookie (i.e. when does it expire), and a value, usually a randomly generated unique number. We use Cookies so that we can improve your online experience – for example, by remembering you when you come back to visit us and making the content you see more relevant to you. Cookies also enable us to track online purchases made through the Flaming Ice Online Services.

  • Pixel Tags (“Web Beacons” or “clear gifs”): Pixel Tags are small graphic images, also known as “web beacons” or “clear gifs,” embedded in web pages, e-mail messages, video, or advertisements that send information about your use to a server. There are various types of pixel tags (which contain JavaScript code). When you access or view a website, video, email, or advertisement that contains a pixel tag, the pixel tag permits us or a separate entity to drop or read cookies on your browser. Pixel tags are used in combination with cookies to track activity by a particular browser on a particular device. We incorporate pixel tags from separate entities that allow us to count the number of visitors to the Flaming Ice Online Services, to monitor how users navigate the Flaming Ice Online Services, to count content views, bring you advertising both on and off the Flaming Ice Online Services, including geographically relevant advertising based on your IP address, and provide you with additional functionality, such as the ability to connect the Flaming Ice Online Services with your social media account.

  • Embedded Scripts: An embedded script is programming code designed to collect information about your interactions with the Flaming Ice Online Services. It is temporarily downloaded onto your device from our web server or a separate entity with whom we work, is active only while you are connected to the Flaming Ice Online Services, and deleted or deactivated thereafter.

  • Location-identifying Technologies: GPS (global positioning systems) software, geo-filtering, Bluetooth, beacons, and other location-aware technologies locate you (sometimes precisely) for purposes such as verifying your location and delivering or restricting relevant content based on your location. An example of how we may use location-aware technologies is, if you have enabled location services on your device with respect to the Flaming Ice Online Services, we may use your real time geographic location data to determine if you are near a Flaming Ice Brands physical location (or another retailer), to predict your arrival time at our drive-through or pick-up counter after you have placed an order, allowing our restaurants’ crew members to better sequence your order, or to send you advertising or promotions via push notifications. We may also associate your location captured via location-aware technologies with your device identifier and combine that data with transactional information to improve the services offered to you.  You may limit access to your location data by adjusting the permissions in your device. If you grant us permission, we may collect location information when the app is running in the foreground or background.

  • Voice Processing Technologies: Voice processing technologies collect audio through the microphone on your device, for purposes such as responding to your instructions or requests, and providing you with relevant content based on your requests. We only maintain the audio long enough to complete your instruction or request and then immediately delete it. We use non-audio data associated with the collection for additional purposes such as data analytics and in accordance with this Privacy Policy.

  • Device Fingerprinting: Device fingerprinting is the process of analyzing and combining sets of information elements from your device’s browser, such as JavaScript objects and installed fonts, in order to create a “fingerprint” of your device and uniquely identify your browser, device and applications.

  • In-App Tracking Methods: There are a variety of tracking technologies that may be included in mobile apps, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifiers or other identifiers such as mobile Ad IDs to associate app user activity to a particular app and to track user activity across apps. Our apps may also include Software Development Kits or “SDKs,” code that sends information about your use to a server. These SDKs allow us to track our conversions, bring you advertising both on and off the Flaming Ice Online Services with your social media account. For example, we use the Facebook SDK to allow you to connect your Facebook account to the Flaming Ice Online Services.

  • Connected Devices: We use technology in connected devices, including your vehicle, home assistant, or smartwatch, to determine your location, serve advertising, or provide promotional offers. Information we collect through your connected devices will depend on the device and your settings, but may include voice, location, payment information, or biometric data. We also associate the information from connected devices to your device identifier and combine that with transactional information to improve the services offered to you. For more information please refer to the sections on “Location-identifying Technologies” and “Voice Processing Technologies” above.

Some information about your use of the Flaming Ice Online Services and other sites and apps may be collected using Tracking Technologies across time and services and used by us and others for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Flaming Ice Online Services and certain other sites and apps.

For further information on how we use Tracking Technologies for analytics and advertising and your rights and choices regarding them, please see the “Analytics and Advertising” and “Your Rights and Choices” sections below.

 

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e Collect

3. How We Disclose Information We Collect

We share information about you with other entities for any purposes consistent with our statements and practices described in this Privacy Policy or as permitted by applicable law. The categories of entities to whom we disclose information, including in the last 12 months, include the following:

Service Providers

We disclose information to entities that process the information on our behalf. These service providers provide us with services such as website hosting, professional services, information technology services and related infrastructure, customer service, marketing, e-mail delivery, auditing, and other similar services. We endeavor to contractually prohibit our service providers from retaining, using, or disclosing information about you for any purpose other than performing the service for us, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.

Vendors

We share information with vendors, including analytics and advertising technology companies. Vendors may act as our service providers, or in certain contexts, independently decide how to process your information. For more information on advertising and analytics, see the “Advertising and Analytics” section below.

Affiliates

We disclose information to our affiliates (“Affiliates”) for the purposes described in this Privacy Policy, including for their own direct marketing purposes (California residents and data subjects in Europe have certain rights set forth in “Additional Disclosures for California Residents” and “Additional Disclosures for Data Subjects in Europe” below), and to be consistent with our goal of providing our consumers with the superior product and consumer experience that our customers have come to expect from us around the globe. Affiliates are those companies that are under common control of our parent company Inspire Brands, Inc.

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Other Legal Reasons

In addition, we use or disclose information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our Affiliates; (6) to protect the rights, property, life, health, privacy, safety or property of Flaming Ice Brands, our Affiliates, you and others; and (7) to enforce our terms and conditions.

Facilitating Requests

We share information at your request or direction, such as when you choose to share information with a social network about your activities on the Flaming Ice Online Services.

Consent

We share information for any other purpose disclosed to you and with your consent.

Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you except as prohibited by applicable law.

For information on your rights and choices regarding how we share information, please see the “Your Rights and Choices” section below.

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