PRIVACY POLICY

INTRODUCTION

We at Jeni’s Splendid Ice Creams (“Company” or “we”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide to the Company and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to any information we collect during the course of providing Company services that post a link to this privacy policy, including through the website www.jenis.com and its messaging system, mobile and desktop applications, interactions with platforms, loyalty programs and stored value cards (our “Online Services”), as well as the offline collection of information we collect during the course of providing Company services that provides a link or copy to this privacy policy, such as at a Company store (our “Offline Services,” and, collectively, our “Services”).

This policy does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Online Services.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By providing information to use or accessing or using our Services, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

 

CHILDREN UNDER THE AGE OF 13

Our Online Services are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Online Services. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information to or on the Online Services or on or through any of its features. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at: contact@jenis.com.

 

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of our Services, including information:

  • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, IP address, or any other identifier by which you may be contacted online or offline (“personal information”);
  • That is about you but individually does not identify you; and/or
  • About your internet connection, the equipment you use to access our Online Services and usage details.


We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our business partners.

 

INFORMATION YOU PROVIDE TO US

The information we collect on or through our Services may include:

  • Information that you provide by filling in forms in connection with our Services. This includes information provided at the time of making a purchase through the Online Services or subscribing to our customer reward program(s). We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Services.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Services and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Services.
  • Your search queries on the Online Services.
  • You request for a digital receipt or transaction record.
  • You provide information regarding yourself or your contacts in connection with discounts or rewards program(s).
  • You submit information about yourself in connection with potential or prospective employment with the Company.

 

You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Online Services, or transmitted to other users of the Online Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Online Services with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

 

INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES.

As you navigate through and interact with our Online Services, we may use data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Online Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Online Services.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type. The information we collect automatically may include personal information or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:
  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Online Services according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Online Services.


The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Online Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Online Services.
  • Certain features of our Online Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Online Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our Online Services may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity)

 

For example, this Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help the Website analyze how users use the site. The information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on website activity for website operators, and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser; however, please note that if you do this, you may not be able to use the full functionality of the Website. By using this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

 

This Website uses cookie technology to obtain non-personal information from online visitors. We do not extract personal information in this process. Rather, cookies allow us to update and improve our Website. Even if you set your browser not to accept cookies, you can still use most of the features of the Website.

 

INFORMATION WE COLLECT THROUGH THIRD PARTIES

We may, from time to time enter into agreements with third parties to obtain data from consumers provided by other retailers, including, for use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including personal information, order level transaction data, item level transaction data, retail data, mobile application data, and other information relating to purchasing history. Any information provided to us is subject to strict confidentiality requirements of the third party provider and subject to all applicable laws relating to privacy. We use this information to improve our marketing and communications with you.

 

THIRD-PARTY USE OF COOKIES

Some content or applications, including advertisements, on the Online Services are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies to collect information about you when you use our Online Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

 

CONTROL OVER COOKIES

Except for Strictly Necessary Cookies, you can accept or decline categories at any time by selecting the Cookie Settings and confirming your cookie choices. You may withdraw your consent at any time by deleting the cookies. If you do not accept all cookies, you may still browse the Website however you may not be able to use the full functionalities of the Website. You may configure the settings of your browser to activate, disable or delete cookies. Detailed instructions are provided by your browser. If you disable or delete cookies, however, you may have to manually adjust some preferences every time you visit the Website and some services and functionalities may not work.

 

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information:

 

  • To present our Online Services and their contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Services or any products or services we offer or provide though them.
  • To allow you to participate in interactive features on our Online Services.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

 

We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please unsubscribe to our emails or reach out to contact@jenis.com; provided, however, that unsubscribing from receiving such marketing materials may also impact your eligibility to participate in the Company’s reward program(s). For more information, see Choices About How We Use and Disclose Your Information.

  

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

 

We may disclose personal information that we collect, we receive from third parties, or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, third parties we use to support our business, or other third parties, who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them or the purposes delineated in a contract between the parties.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Jeni’s Splendid Ice Creams LLC assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Jeni’s Splendid Ice Creams LLC about users of our Services is among the assets transferred.
  • To third parties and data cooperatives for purposes of marketing and to facilitate offers and advertising from others that may interest you. This information may include personal information, order level transaction data, item level transaction data, retail data, mobile application data, and other information relating to purchasing history.
  • For any other purpose disclosed by us when you provide the information.
  • We may also disclose your personal information:
    • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
    • To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
    • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Jeni’s Splendid Ice Creams LLC, our customers, or others.

 

The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third parties. 

 

INFORMATION DISCLOSED IN CONNECTION WITH BUSINESS TRANSACTIONS

Information that we collect from our users, including personal information, is a business asset.  If the Company is acquired by a third party as a result of a transaction such as a merger, acquisition, or asset sale or if our assets are acquired by a third party in the even that we go out of business or enter bankruptcy, or in the steps in contemplation of such activities (e.g., due diligence), some or all of our assets, including your personal information any other information we collect, receive or use, as described in this privacy policy, will be disclosed or transferred to a third party acquirer in connection with the transaction.  You acknowledge that such disclosures and transfers may occur, and that any acquirer of the Company may continue to use your personal information as set forth in this Privacy Policy.

 

THIRD PARTY PAYMENT SERVICE

We use a third-party payment service to process payments made through the Services, including the Online Services and Offline Services such as in retail locations.  If you wish to make a payment through the Services, your personal information will be collected by such third party and not by us, and will be subject to the third party’s privacy policy and terms of use, rather than this Privacy Policy. 

 

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties’ products or services, you can opt out by following the instructions for ‘unsubscribing’ in any marketing communication, or at any other time by sending us an email stating your request to contact@jenis.com Please note, however, that unsubscribing from marketing materials may also disqualify you from participating in the Company’s reward program(s).
  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt out by following the instructions for ‘unsubscribing’ in any marketing communication or at any other time by sending us an email stating your request to contact@jenis.com

 

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

 

ACCESSING AND CORRECTING YOUR INFORMATION

If you participate in the Company’s rewards program(s), you can review and change your personal information by logging into the Online Services and visiting your account profile page.

 

YOUR CALIFORNIA PRIVACY RIGHTS

California law allows 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 make such a request, please send an email to contact@jenis.com or write us at: 401 N Front Street, Suite 300, Columbus, OH 43215, Attn: Privacy.

 

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”) and the California Privacy Rights Act of 2020 (“CPRA”), we provide the following details regarding the categories of personal information about California residents that we have collected or disclosed within the preceding 12 months:

  

We collected the following categories of personal information:

  • Identifiers, such as name, contact information, and online identifiers;
  • Personal information, as defined in the California customer records law, such as name, contact information, and financial information;
  • Characteristics of protected classifications under California or federal law, such as age and gender;
  • Commercial information, such as transaction information and purchase history;
  • Internet or network activity information, such as browsing history and interactions with our website or other Online Services;
  • Geolocation data, such as IP location; and
  • Inferences drawn from any of the personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.

 

Depending on a California resident’s particular interactions and relationship with us, we may not have collected each of the above categories of personal information about each resident.

 

As described above in “Information We Collect About You and How We Collect It,” we collect the above personal information directly from California residents themselves, as well as from other sources, such as our business partners and other retailers. We use this personal information to operate, manage, and maintain our business, to provide our products and services, and to otherwise accomplish our business purposes and objectives, as described above under “How We Use Your Information.”

 

We disclosed the following personal information to third parties, such as our service providers and affiliates, for our operational business purposes:

 

  • Identifiers, such as name, contact information, and online identifiers;
  • Personal information, as defined in the California customer records law, such as name, contact information, and financial information;
  • Characteristics of protected classifications under California or federal law, such as age and gender;
  • Commercial information, such as transaction information and purchase history;
  • Internet or network activity information, such as browsing history and interactions with our website and other Online Services;
  • Geolocation data, such as IP location; and
  • Inferences drawn from any of the personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.

 

Depending on a California resident’s particular interactions and relationship with us, we may not have disclosed each of the above categories of personal information about each resident.

 

We reserve the right to “sell” personal information for purposes of the CCPA to third parties, such as personal information, information that is about you individually but does not identify you and/or about your internet connection, the equipment you use to access our Services and usage details.

 

We only make disclosures as noted above under written contracts that describes the purposes, require the recipient to keep personal information confidential, and prohibit the use of disclosed information for any purpose except for performing the contract. 

 

We may share information with third parties for the purpose of cross-context behavioral advertising. For opt-out options, please refer to the California Rights and Choices section below.

 

Data Retention

We will retain your personal information for no longer than is necessary for the purposes stated in this is privacy policy, unless otherwise extending the retention period is required or permitted by law or subject to our retention policies as may in place from time to time. This data storage period may vary with scenario, product, and service. The standards we use to determine the retention period are as follows: 

  • The time required to retain personal data to fulfill business purposes, including providing products/services
  • Maintaining corresponding transaction/business records
  • Handling possible user queries or complaints and locating problems
  • Whether the user agrees to longer retention period
  • Whether the law, contract, or other equivalencies have special requirements for data retention. 

 

Your California Rights and Choices

The CCPA/CPRA provides California residents with specific rights regarding their personal information. This section describes your CCPA/CPRA rights and explains how to exercise those rights.

 

Right to Limit Use and Disclosure of Sensitive Personal Information

The only sensitive personal information we affirmatively collect from you is necessary to perform the services or provide the goods you requested. We may also periodically receive unsolicited information from you that includes sensitive personal information; we make no further use or disclosure of that unsolicited sensitive personal information. If you have questions about sensitive personal information, please see Exercising Limitation, Rectification, Data Portability, Opt-Out, and Deletion Rights to contact us.

 

Right to Opt-Out of Personal Information Sharing

You will be opted in by default to the sharing of personal information as defined under the CCPA/CPRA. You can opt out of the sharing of personal information at any time by clicking on this link. Please note, we do not track users across devices, so you will have to opt-out from each device where you access our website or services.

  

Right to Opt-Out of Sale of Personal Information

If you are age 16 or older, you have the right to direct us to not sell your information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years old. Consumers who opt-in to personal information sales may opt out of future sales at any time.

 

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

 

Opt Out Request 

 

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in by contacting us.

You do not need to create an account to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

 

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

 

  • The categories of personal information we collected about you.
  • The categories of sources of the personal information we collected about you.
  • Our business or commercial purpose for collecting that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we disclosed your personal information for a business purpose, a list of the disclosures made identifying the personal information categories that each category of recipient obtained.

 

Correct/Rectify Personal Information

You have the right to rectify (correct, update, or modify) the personal information we collect about you. After making such a request, we will take commercially reasonable efforts to correct inaccurate personal information within 45 days of receiving the request. In the event an extension is needed, we may take an additional 45 days when reasonably necessary. In this case, we will provide you a notice of extension within the first 45-day period.

 

Deletion Request Rights

You have the right to request that we delete any of your personal information that we have collected from you and retained, subject to certain exceptions. Once we receive your verifiable consumer request, we will delete (and direct our service providers/contractors/other third parties to delete) your personal information from our records unless an exception applies.

 

We may deny your deletion request if retaining the information is necessary for us, our service providers, contractors, or other third parties to:

 

  • Complete the transaction for which we collected the personal information, provide a good/service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code 1546 et seq.).
  • Engage in public or peer-reviewed scientific historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, specifically if you previously provided informed consent and deleting that information may seriously impair or render impossible the research’s achievement.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of personal information that are compatible with the context in which you provided it.

 

Exercising Limitation, opt-out, Rectification, Data Portability, and Deletion Rights

To exercise limitation, opt-out, access, rectification, data portability, and deletion rights described above, please submit a verifiable consumer request to us by:

 

  • 614-488-322
  • contact@jenis.com

 

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your personal information.

 

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • 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 request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

 

Response Timing and Format 

We will try our best to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. 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. Any disclosures will only cover the 12-month period preceding the receipt of the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another and should allow you to further transmit information if you desire.

 

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or 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.

 

Non-Discrimination

We will not discriminate against you for exercising of your CCPA/CPRA rights. Based solely on the exercise of your CCPA/CPRA rights, we will not:

 

  • Deny you goods or services
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits or imposing penalties
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level of quality of goods or services.

 

However, we may offer you certain financial incentives permitted by the CCPA/CPRA that can result in different prices, rates, or quality levels. Any CCPA/CPRA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

 

DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL technology.

 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Online Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Online Services like message boards. The information you share in public areas may be viewed by any user of the Online Services.

 

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Online Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures for the Online Services.

 

CHANGES TO OUR PRIVACY POLICY, INCLUDING OUR California privacy notice

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting www.jenis.com and this privacy policy to check for any changes.

 

 

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at: contact@jenis.com

 

or

 

Jeni’s Splendid Ice Creams
Attention: Privacy
401 N Front Street
Suite 300
Columbus, OH 43215