Cupbop Website Privacy Policy

Last modified: November 30, 2023

Introduction

Cupbop Inc. and our affiliated entities ( "Cupbop," "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 when you visit the website https://cupbop.com and the Cupbop mobile application systems (individually or collectively, the “Sites”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• When you download, install, register with, access, or use the Sites.
  ● In email, text, and other electronic messages between you and the Sites.
  ● Through mobile and desktop applications you download from the Sites, which provide dedicated non-browser-based interaction between you and the Sites.
  ● When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
  ● Any third party, including through any application or content (including advertising) that may be linked to or be accessible from or through the Sites.

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 the Sites. If you do not agree with our policies and practices, do not download, register with, or use our App.

By downloading, registering with, or using the Sites, 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 Sites after we revise this policy means you accept those changes, so please check the policy periodically for updates.

Children’s Privacy

The Sites are not intended for children under 13 years of age. No one under age 18 may provide any personal information to or on the Sites without the permission of a parent or guardian.

We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Sites or through any of its features, register on the Sites, make any purchases through the Sites, use any of the interactive or public comment features of the Sites, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use without the permission and supervision of your parent or legal guardian.

If we learn we have collected or received personal information from a child under 18 without parental consent, we will delete that information.

If you believe we might have any such information from or about a child under 18, please contact us at info@cupboptruck.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of the Sites, including information:

• By which you may be personally identified, such as name, postal address, email address, telephone number, or any other identifier by which you may be contacted online or offline ("personal information")
  ● That is about you but individually does not directly identify you, such as your loyalty rewards points, dates and times of your visits to the Sites or Cupbop locations; and/or
  ● About your internet connection, the equipment you use to access the Sites, and usage details.

We collect this information:

• Directly from you when you provide it to us.
  ● Automatically as you navigate through the Sites. Information collected automatically may include usage details, unique device identifiers, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  ● From third parties, for example, our business partners that conduct operational, marketing, promotional, or IT services that assist us with conducting our business.

Information You Provide to Us

The information we collect on or through the Sites may include:

• Information that you provide by filling in forms on the Sites. This includes information provided at the time of registering to use the Sites, subscribing to our service, posting material, or requesting further services.
  ● Information you provide when you enter a contest or promotion sponsored by us, or when you report a problem with the Sites.
  ● Information when you request to join or sign up to our loyalty program or receive mobile alerts.
  ● 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 the Sites and fulfillment of your orders. You may be required to provide financial information before placing an order.
  ● Your search queries on the Sites.

You also may provide information to be published or displayed ("posted") on public areas of the Sites or transmitted to other users or third parties ("User Contributions"). Your User Contributions are posted and transmitted at your own risk.

Although we limit access to certain pages and/or you may set certain privacy settings by logging into your account profile, please be aware that no security measures are perfect or impenetrable.

Additionally, we cannot control the actions of other users 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 the Sites, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to the Sites, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Sites.
  ● Information about your computer and internet connection, including your IP address, operating system, and browser type.

When you download, access, and use the Sites, it may use technology to automatically collect:

• Usage Details.When you access and use the Sites, we may automatically collect certain details of your access to and use of the Sites, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Sites.
  ● Device Information. We may collect information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information, and the device's telephone number.
  ●  Stored Information and Files.  The Sites also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
  ●  Location Information.  If you have granted permission for us to use your location, our Sites may collect real-time information about the location of your device. This technology helps us inform you of your proximity to our Cupbop locations.

If you do not want us to collect this information, you may opt out at any time by changing the permissions in the Sites. Note, however, that opting out of the Sites’ collection of location information will disable its location-based features.

We also may use the above-described technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected.

At this stage, no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.

If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

The information we collect automatically when you visit the Sites may include personal information and 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 the Sites 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 the Sites and loyalty program according to your individual interests.
  ● Speed up your searches.
  ● Recognize you when you return to the Sites.

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

• Cookies (or browser cookies).A cookie is a small file placed on your smartphone or on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your smartphone or your computer’s browser. However, if you select this setting, you may be unable to access certain parts of the Sites. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Sites.
  ● Web Beacons. Pages of the Sites and our emails 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 or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
  ● Flash Cookies. Certain features of the Sites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Sites. 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 .

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Sites are served by third parties.

When you use the Sites or their content, certain third parties may use automatic information collection technologies to collect information about you or your device.

These third parties may include advertisers, ad networks and servers, analytics companies, your mobile device manufacturer, your mobile service provider, content providers, and application providers.

These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Sites.

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 .

How We Use Your Information

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

• To provide you with the Sites and their contents, and any other information, products, or services that you request from us.
  ● 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 and loyalty program, 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 the Sites or any products or services we offer or provide through it.
  ● To allow you to participate in interactive features on the Sites.
  ● 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 our own and third parties' goods and services that may be of interest to you.

If you do not want us to use your information in this way, please follow the instructions outlined under  Choices About How We Use and Disclose Your Information .

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences.

Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

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

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
  ● To contractors, service providers, and other third parties we use to support our business and 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.
  ● To our point of sale (POS) system, which processes payment information and loyalty account information for payment and loyalty redemption purposes and to assist us in managing our loyalty program.
  ● 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 Cupbop Co.'s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Cupbop Co. about the Sites users is among the assets transferred.
  ● To our third-party delivery providers, like DoorDash, with which we contract for order fulfillment and delivery.
  ● To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see  Choices About How We Use and Disclose Your Information .
  ● To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature of the Sites, we will transmit the contents of that email and your email address to the recipients.
  ● For any other purpose disclosed by us when you provide the information.
  ● With your consent.

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 our rights arising from any contracts entered into between you and us, including the App End User License Agreement and to enforce or apply our Terms of Useand for billing and collection purposes.
  ● If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Cupbop Co., our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

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.
• Disclosure of Your Information for Third-Party Advertising.If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by checking the relevant box located on the form on which we collect your data (e.g., the order form, registration form). You can also opt-out by logging into the Sites and adjusting your user preferences in your account profile or by sending us an email with your request to info@cupboptruck.com.
• Promotional Offers from the Company.If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt-out by checking the relevant box located on the form on which we collect your data (e.g., the order form, registration form) or at any other time by sending us an email stating your request to info@cupboptruck.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions or use the unsubscribe feature at the end of the email. This opt-out does not apply to transaction related communications from the Company.
• 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 logging into the Sites and adjusting your user preferences in your account profile or by sending us an email with your request to info@cupboptruck.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.

Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Sites and visiting your account profile page.

You may also send us an email at info@cupboptruck.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account.

We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Sites, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other users of the Sites.

Proper access and use of information provided on the Sites, including User Contributions, is governed by our Terms of Use.

Residents of certain states, such as California, Nevada, Colorado, Virginia, and Utah may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Sites 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 info@cupboptruck.com or write us at:

Cupbop Co.
12184 S. Business Park Dr.
Draper, UT 84020

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

• Confirm whether we process their personal information.
  ● Access and delete certain personal information.
  ● Data portability.
  ● Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

• Correct inaccuracies in their personal information, taking into account the information's nature and processing purpose.
  ● Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights please email us at info@cupboptruck.com.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out right may submit a request to this address: info@cupboptruck.com.

However, please know we do not currently sell data triggering that statute's opt-out requirements.

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 the Sites, 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 Sites like message boards. The information you share in public areas may be viewed by any user of the Sites.

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 the Sites.

Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites.

Changes to Our Privacy Policy

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 and/or through a notice on the Sites home page.

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 the Sites 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:

Cupbop Co.
12184 S. Business Park Dr.
Draper, UT 84020
info@cupboptruck.com
801-916-8968