PopUp Drink Thru Privacy Policy  

Introduction

This Privacy Policy outlines PopUp Original Drink Thru LLC (" we ", " our " or " the Company ") practices with respect to information collected from users who access our website at drinkpopup.com, " Site ", or otherwise share personal information with us (collectively: " Users "). 

Grounds for data collection 

Processing of your personal information (meaning, any information which may potentially allow your identification with reasonable means; hereinafter " Personal Information ") if necessary for the performance of our contractual obligations towards you and providing you with our services, to protect our legitimate interests and for compliance with legal and financial regulatory obligations to which we are subject.

When you use the Site, you consent to the collection, storage, use, disclosure and other uses of your Personal Information as described in this Privacy Policy.

We encourage our Users to carefully read the Privacy Policy and use it to make informed decisions. 

What information we collect?

We collect two types of data and information from Users. 

The first type of information is un-identified and non-identifiable information pertaining to a User(s), which may be made available or gathered via your use of the Site (“ Non-personal Information ”). We are not aware of the identity of a User from which the Non-personal Information was collected. Non-personal Information which is being collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information (e.g. the type of browser and operating system your device uses, language preference, access time, etc.) in order to enhance the functionality of our Site. We may also collect information on your activity on the Site (e.g. pages viewed, online browsing, clicks, actions, etc.).

The second type of information Personal Information which is individually identifiable information, namely information that identifies an individual or may with reasonable effort identify an individual. Such information includes:
  • Device Information: We collect Personal Information from your device. Such information includes geolocation data, IP address, unique identifiers (e.g. MAC address and UUID) and other information which relates to your activity through the SiteRegistration information: When you register to our Site you will be asked to provide us certain details such as: full name; e-mail or physical address, and other information.   

How do we receive information about you?

We receive your Personal Information from various sources:
  • When you voluntarily provide us your personal details in order to register on our Site;
  • When you use or access our Site in connection with your use of our services;
  • From third party providers, services and public registers (for example, traffic analytics vendors).

What information we collect?

We do not rent, sell, or share Users’ information with third parties except as described in this Privacy Policy.

We may use the information for the following:
  • Communicating with you – sending you notices regarding our services, providing you with technical information and responding to any customer service issue you may have;
  • To communicate with you and to keep you informed of our latest updates and services;
  • To serve you advertisements when you use our Site (see more under "Advertisements"); 
  • To market our websites and products (see more under "Marketing"); 
  • Conducting statistical and analytical purposes, intended to improve the Site.In addition to the different uses listed above, we may transfer or disclose Personal Information to our subsidiaries, affiliated companies and subcontractors.
In addition to the purposes listed in this Privacy Policy, we may share Personal Information with our trusted third party providers, who may be located in different jurisdictions across the world, for any of the following purposes: 
  • Hosting and operating our Site
  • Providing you with our services, including providing a personalized display of our Site;
  • Storing and processing such information on our behalf; 
  • Serving you with advertisements and assist us in evaluating the success of our advertising campaigns and help us retarget any of our users;
  • Providing you with marketing offers and promotional materials related to our Site and services; 
  • Performing research, technical diagnostics or analytics;
We may also disclose information if we have good faith to believe that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies (including our Agreement), including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) to establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (vi) for the purpose of collaborating with law enforcement agencies and/or in case we find it necessary in order to enforce intellectual property or other legal rights.

User Rights

You may request to: 
  1. Receive confirmation as to whether or not personal information concerning you is being processed, and access your stored personal information, together with supplementary information. 
  2. Receive a copy of personal information you directly volunteer to us in a structured, commonly used and machine-readable format. 
  3. Request rectification of your personal information that is in our control.
  4. Request erasure of your personal information. 
  5. Object to the processing of personal information by us. 
  6. Request to restrict processing of your personal information by us.
  7. Lodge a complaint with a supervisory authority.

However, please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements. 

If you wish to exercise any of the aforementioned rights, or receive more information, please contact our Data Protection Officer (“DPO”) using the details provided below:
hello@drinkpopup.com

Retention

We will retain your personal information for as long as necessary to provide our services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time. Under applicable regulations, we will keep records containing client personal data, account opening documents, communications and anything else as required by applicable laws and regulations. 

We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion.

Cookies

We and our trusted partners use cookies and other technologies in our related services, including when you visit our Site or access our services. 

A "cookie" is a small piece of information that a website assign to your device while you are viewing a website. Cookies are very helpful and can be used for various different purposes. These purposes include allowing you to navigate between pages efficiently, enable automatic activation of certain features, remembering your preferences and making the interaction between you and our Services quicker and easier. Cookies are also used to help ensure that the advertisements you see are relevant to you and your interests and to compile statistical data on your use of our Services. 

The Site uses the following types of cookies:

a. 'session cookies' which are stored only temporarily during a browsing session in order to allow normal use of the system and are deleted from your device when the browser is closed; 

b. 'persistent cookies ' which are read only by the Site, saved on your computer for a fixed period and are not deleted when the browser is closed. Such cookies are used where we need to know who you are for repeat visits, for example to allow us to store your preferences for the next sign-in; 

c. 'third party cookies' which are set by other online services who run content on the page you are viewing, for example by third party analytics companies who monitor and analyze our web access.

Cookies do not contain any information that personally identifies you, but Personal Information that we store about you may be linked, by us, to the information stored in and obtained from cookies. You may remove the cookies by following the instructions of your device preferences; however, if you choose to disable cookies, some features of our Site may not operate properly and your online experience may be limited.

We also use a tool called “Google Analytics” to collect information about your use of the Site. Google Analytics collects information such as how often users access the Site, what pages they visit when they do so, etc. We use the information we get from Google Analytics only to improve our Site and services. Google Analytics collects the IP address assigned to you on the date you visit sites, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Third party collection of information

Our policy only addresses the use and disclosure of information we collect from you. To the extent you disclose your information to other parties or sites throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party that you choose to disclose information to. 

This Privacy Policy does not apply to the practices of companies that we do not own or control, or to individuals whom we do not employ or manage, including any of the third parties which we may disclose information as set forth in this Privacy Policy. 

How do we safeguard your information?

We take great care in implementing and maintaining the security of the Site and your information. [ explain about your security practices, such as: we employ industry standard procedures and policies to ensure the safety of the information we collect and retain, and prevent unauthorized use of any such information, and we require any third party to comply with similar security requirements, in accordance with this Privacy Policy] . Although we take reasonable steps to safeguard information, we cannot be responsible for the acts of those who gain unauthorized access or abuse our Site, and we make no warranty, express, implied or otherwise, that we will prevent such access.

Transfer of data outside the EEA 

Please note that some data recipients may be located outside the EEA. In such cases we will transfer your data only to such countries as approved by the European Commission as providing adequate level of data protection, or enter into legal agreements ensuring an adequate level of data protection.

Advertisements

We may use a third-party advertising technology to serve advertisements when you access the Site. This technology uses your information with regards to your use of the Services to serve advertisements to you (e.g., by placing third-party cookies on your web browser). 

You may opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative ("NAI") and the Digital Advertising Alliance ("DAA"). For more information about this practice by NAI and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: http://optout.networkadvertising.org/#!/ and http://optout.aboutads.info/#!/.

Marketing

We may use your Personal Information, such as your name, email address, telephone number, etc. ourselves or by using our third party subcontractors for the purpose of providing you with promotional materials, concerning our services, which we believe may interest you.  

Out of respect to your right to privacy we provide you within such marketing materials with means to decline receiving further marketing offers from us. If you unsubscribe we will remove your email address or telephone number from our marketing distribution lists. 

Please note that even if you have unsubscribed from receiving marketing emails from us, we may send you other types of important e-mail communications without offering you the opportunity to opt out of receiving them. These may include customer service announcements or administrative notices.

Corporate transaction

We may share information in the event of a corporate transaction (e.g. sale of a substantial part of our business, merger, consolidation or asset sale). In the event of the above, the transferee or acquiring company will assume the rights and obligations as described in this Privacy Policy.

Minors

We understand the importance of protecting children’s privacy, especially in an online environment. The Site is not designed for or directed at children. Under no circumstances shall we allow use of our services by minors without prior consent or authorization by a parent or legal guardian. We do not knowingly collect Personal Information from minors. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at [add applicable email address] .

Updates or amendments to this Privacy Policy

We reserve the right to periodically amend or revise the Privacy Policy; material changes will be effective immediately upon the display of the revised Privacy policy. The last revision will be reflected in the "Last modified" section. Your continued use of the Platform, following the notification of such amendments on our website, constitutes your acknowledgment and consent of such amendments to the Privacy Policy and your agreement to be bound by the terms of such amendments.

How to contact us

 End User Privacy Notice – PopUp Original Drink Thru, LLC 


This Privacy Notice explains the types of information the PopUp Original Drink Thru, LLC collects when you use its Services and how it processes, transfers, stores, and discloses the information collected, as well as your ability to control certain uses of the collected information. If not otherwise defined herein, capitalized terms have the meaning given to them in the Terms of Service, available at https://legal.comosense.com/business-end-user-terms-of-service ("Terms"). "You" means any user of the Services. 


If you are an individual located in the European Union ("EU Individual"), some additional terms and rights may apply to you, as detailed herein. The PopUp Original Drink Thru, LLC is the data controller in respect of the processing activities outlined in this Privacy Notice. 


Privacy Notice Key Points
The key points listed below are presented in further detail throughout this Privacy Notice. You can click on the headers in this section in order to find out more information about any topic. These key points do not substitute the full Privacy Notice.

Personal Data the PopUp Original Drink Thru, LLC Collects and How it is Used
Additional Uses 
Legal Basis (GDPR only)
Sharing the Personal Data
Security
International Transfer
Your Rights Under GDPR
Your Rights as a California Resident
Data Retention
Third-Party Applications and Services
Communications
Children
Changes to the Privacy Notice
Comments and Questions

 
***


Personal Data the PopUp Original Drink Thru, LLC Collects and How it is Used


Registration Information. When you submit a registration form or otherwise provide information in order to register to the PopUp Original Drink Thru, LLC 's loyalty or customer engagement program, the PopUp Original Drink Thru, LLC will collect certain Personal Data about you, such as your name, phone number, email address, and home address. Some fields may be mandatory, while others may be optional. If you specifically opt-in to permit access and collection of information from your social network account(s), then your basic Personal Data in your social network account will be collected (such as your name, photo and email address) as well as your social network user ID (but not your password). Please refer to the social network's privacy policy for more details on how you can set the privacy preferences of your account to control the information that may be accessed and retrieved. The PopUp Original Drink Thru, LLC collects this information for the purpose of enabling your registration to the Services and providing you with the Service's functionalities, features and services (including, without limitation, personalized content) and to send you push notifications, SMS text messages, commercial emails and/or other communications.
 
Personal Data Collected Automatically through the App. If you use the App offered as part of the Services, the PopUp Original Drink Thru, LLC automatically collects the following information about your mobile device: your mobile device identifier and/or account identifier (Android UDID, iOS UUID; Advertising ID: IDFA for iOS devices and AAID for Android devices, or their equivalent), the Internet protocol (IP) address of the device used to access the Internet, device type and its operating system version. The PopUp Original Drink Thru, LLC collects this information in order to enable you to use the Services and App and in order to analyze your usage of the Services to improve its offerings.


Usage Information. The PopUp Original Drink Thru, LLC also collects information regarding the features, content, services or websites accessed, clicked or interacted with through the App as well as information regarding the interactions made with the Service's interface and features such as logging info, tabs, banners, or pages that are clicked on or accessed, ads and/or promotions viewed through the Services and receipt of notifications sent through the Services. The PopUp Original Drink Thru, LLC uses this information in order to understand how participants use its Services in order to improve them and develop new products and services.


Communication and Participation Information. If you are a member of the PopUp Original Drink Thru, LLC 's customer loyalty program, the PopUp Original Drink Thru, LLC collects information regarding (i) receipt of SMS text messages or emails sent to you through the Services; (ii) your participation in, or use of the loyalty features available to you (such as: scratch card, point accumulation plans, punch card, coupons, gift card, cash back, "Pay with Budget" or their equivalents); and (iii) details of purchases made online or offline by using the Services (e.g., time and date of your purchase, place where purchase was made, the amount paid, information about the items purchased and payment method information, including to allow automatic identification). The PopUp Original Drink Thru, LLC collects this information in order to enable you to use the Services and in order to analyze your usage of the Services to improve its offerings and allow seamless identification and usage.


Location Information. Subject to your consent, the PopUp Original Drink Thru, LLC may collect your geo-location information in order to provide you with location-based offerings and promotions. Subject to your consent, location may be collected through various methods, including beacons, which is a technology that use Bluetooth low energy signals in order to measure your proximity to a physical beacon. In some cases, the PopUp Original Drink Thru, LLC may place beacons in or nearby its premises in order to collect your approximate location. Additionally, if you use the Services at the PopUp Original Drink Thru, LLC 's premises, the PopUp Original Drink Thru, LLC will have information about your physical location. 


Additional Uses. 

Aggregate and Anonymous Information. Through the Services, the PopUp Original Drink Thru, LLC may collect aggregated and anonymous information, which cannot identify you. The PopUp Original Drink Thru, LLC may aggregate this information with information about other individuals and may use this information without restriction, including for statistical and analytical purposes.

Direct Marketing. As described above, the PopUp Original Drink Thru, LLC may use Personal Data to let you know about products and Services that it believes will be of interest to you. It may contact you by email, post, text, or telephone or through other communication channels. In all cases, the PopUp Original Drink Thru, LLC will respect your preferences for how you would like it to manage marketing activity with respect to you. To protect privacy rights and to ensure you have control over how the PopUp Original Drink Thru, LLC manages marketing with you:

The PopUp Original Drink Thru, LLC will take steps to limit direct marketing to a reasonable and proportionate level and only send you communications which it believes may be of interest or relevance to you.

You may ask us to stop sending email marketing by following the "unsubscribe" link you will find on all the email marketing messages or follow the “unsubscribe” instructions for other messages. Alternatively, you can contact the PopUp Original Drink Thru, LLC directly.

No Share of SMS opt-in. The PopUp Original Drink Thru, LLC will not sell your SMS opt-in to third parties, nor will it share it with third parties to allow such third parties or affiliates to use it for their own marketing purposes.


Legal Basis (GDPR only). If you are an EU Individual, please note the following legal bases under the GDPR on which the PopUp Original Drink Thru, LLC relies for collection and processing of your Personal Data:


When the PopUp Original Drink Thru, LLC uses the Personal Data collected in order to provide you with the Services or manage the administrative and operational aspects of the Services, it does so based on performance of a contract with you, namely the Terms you have entered with the PopUp Original Drink Thru, LLC . 


When the PopUp Original Drink Thru, LLC uses the Personal Data collected to review usage and operations, including in an aggregated non-specific analytical manner, develop new products or services and improve current offerings, products, and Services, it does so based on its legitimate interest.


When the PopUp Original Drink Thru, LLC es uses your geo-location, it does so based on your consent.


If the PopUp Original Drink Thru, LLC uses the Personal Data collected in order to enforce the Terms and this Privacy or to prevent unlawful activities and misuse of the Services, it does so based on its legitimate interest or for compliance with applicable laws.


If the PopUp Original Drink Thru, LLC uses the Personal Data collected in order to comply with applicable law or assist law enforcement agencies, which it will do when it has a good faith belief that its cooperation with them meets the applicable legal standards, it does so for the purpose of compliance with laws.


Sharing the Personal Data. The PopUp Original Drink Thru, LLC shares your information, including Personal Data, as follows:

Affiliates. The PopUp Original Drink Thru, LLC may share information, including your Personal Data, with its affiliated companies, where this is necessary to provide you with Products and Services, and for the purpose of management of its PopUp Original Drink Thru, LLC .

Service Providers, and Subcontractors. The PopUp Original Drink Thru, LLC discloses information, including Personal Data it collects from and/or about you, to its trusted service providers and subcontractors and who use such information solely on its behalf in order to: (1) help it provide you with the Services; (2) aid in its understanding of how users are using its Services; (3) for the purpose of direct marketing (see above for more details).

Such service providers and subcontractors provide the PopUp Original Drink Thru, LLC with IT and system administration services, hosting, data backup, security, and storage services, data analysis, assist with online ordering, ecommerce services, games, payments, communications, plugins or APIs, help the PopUp Original Drink Thru, LLC serve advertisements and provide other marketing services.

PopUp Original Drink Thru, LLC Transfers. Your Personal Data may be disclosed as part of, or during negotiations of any merger, sale of company assets or acquisition (including in cases of liquidation). In such case, your Personal Data shall continue being subject to the provisions of this Privacy Notice.

Law Enforcement Related Disclosure. The PopUp Original Drink Thru, LLC may share your Personal Data with third parties: (i) if it believes in good faith that disclosure is appropriate to protect its or a third party's rights, property or safety (including the enforcement of the Terms and this Privacy Notice); (ii) when required by law, regulation subpoena, court order or other law enforcement related issues, agencies and/or authorities; or (iii) as is necessary to comply with any legal and/or regulatory obligation. 

Legal Uses. The PopUp Original Drink Thru, LLC may use your Personal Data as required or permitted by any applicable law, for example, to comply with audit and other legal requirements. 

Advertisers. When you click on an ad, the relevant advertiser will be alerted that someone has visited the page on which the relevant advertisement was displayed and may be able to identify that it was you by using certain mechanisms, like cookies. 
If you have any general questions about the Site or the information we collect about you and how we use it, you can contact us at [add applicable email address] .
Other Uses or Transfer of Your Personal Data. If you use the Services with or through a third-party service, site and/or mobile application, we may receive information (including Personal Data) about you from those third parties. Please note that when you use third parties outside of our Services, their own terms and privacy policies will govern your use of those services.

Security. The PopUp Original Drink Thru, LLC make efforts to follow generally accepted industry standards to protect the Personal Data it collects, both during transmission and once it is received. However, no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while the PopUp Original Drink Thru, LLC strive to use commercially acceptable means to protect your Personal Data, its absolute security is not guaranteed. As the security of information depends in part on the security of the computer you use to communicate with the PopUp Original Drink Thru, LLC and the security you use to protect user IDs and passwords, please take appropriate measures to protect this information.


International Transfer. The PopUp Original Drink Thru, LLC may use subcontractors and service providers who are located in countries other than your own and send them information it receives (including Personal Data). The PopUp Original Drink Thru, LLC conducts such international transfers for the purposes described above.


Your Rights Under GDPR. Depending on which laws apply, you have certain legal rights over your data. Below is some general information about rights that may apply to you. It is recommended that you check the law or consult with a lawyer to understand what applies in your specific case. To exercise your rights, please contact the PopUp Original Drink Thru, LLC . The PopUp Original Drink Thru, LLC may ask for reasonable evidence to verify your identity before it can comply with any request. 

Right of Access. You may have a right to know what Personal Data the PopUp Original Drink Thru, LLC collects about you. The PopUp Original Drink Thru, LLC may charge you with a fee to provide you with this information, if permitted by law. If the PopUp Original Drink Thru, LLC is unable to provide you with all the information you request, it will do its best to explain why. See Article 15 of the GDPR for more details, if your Personal Data is subject to GDPR.

Right to Correct Personal Data. You may have the request that the PopUp Original Drink Thru, LLC update, complete, correct or delete inaccurate, incomplete, or outdated Personal Data. See Article 16 of the GDPR for more details, if your Personal Data is subject to GDPR.

Deletion of Personal Data ("Right to Be Forgotten"). If you are an EU Individual, you may have the right to request that the PopUp Original Drink Thru, LLC delete your Personal Data. Note that the PopUp Original Drink Thru, LLC cannot restore information once it has been deleted. Even after you ask the PopUp Original Drink Thru, LLC to delete your Personal Data, it may be allowed to keep certain data for specific purposes under applicable law. See Article 17 of the GDPR for more details, if your Personal Data is subject to GDPR.

Right to Restrict Processing. If you are an EU Individual, you may have the right to ask the PopUp Original Drink Thru, LLC to stop processing your Personal Data. See Article 18 of the GDPR for more details, if your Personal Data is subject to GDPR.

Right to Data Portability. If you are an EU Individual, you may have the right to request that the PopUp Original Drink Thru, LLC provide you with a copy of the Personal Data you provided to it in a structured, commonly used, and machine-readable format. See Article 20 of the GDPR for more details, if your Personal Data is subject to GDPR.

Right to Object. If you are an EU Individual, you may have the right object to certain processing activities. See Article 21 of the GDPR for more details, if your Personal Data is subject to GDPR.

Withdrawal of Consent. If the PopUp Original Drink Thru, LLC 's activities are processing your data based on your consent, you are always free to withdraw your consent, however, this won't affect processing the PopUp Original Drink Thru, LLC have done from before you withdrew your consent.

Right to Lodge a Complaint with Your Local Data Protection Authority. If you are an EU Individual, you have the right to submit a complaint to the relevant data protection authority if you have any concerns about how the PopUp Original Drink Thru, LLC are processing your Personal Data, though the PopUp Original Drink Thru, LLC asks that as a courtesy you please attempt to resolve any issues with it first.

Your Rights as a California Resident. If you are a resident of the State of California, depending on the applicability of certain laws and exemptions, you may have certain rights over your data. Below is some general information about rights that may apply to you. It is recommended that you check the law or consult with a lawyer to understand what applies in your specific case. To exercise your rights, please contact the PopUp Original Drink Thru, LLC . The PopUp Original Drink Thru, LLC may ask for reasonable evidence to verify your identity or to verify that you have been authorized to act on behalf of the relevant individual. You may only request to exercise your right of access twice within a 12-month period. 

Right to Know. You may the right to request that the PopUp Original Drink Thru, LLC discloses to you any or all of the following, subject to applicable law: 
The categories of Personal Data it has collected about you. 
The categories of sources from which it has collected the Personal Data about you. 
Its PopUp Original Drink Thru, LLC or commercial purpose(s) for collecting, selling, or sharing your Personal Data. 
The specific pieces Personal Data it has collected about you. 
The categories of third parties to whom it discloses Personal Data about you. 
The categories of Personal Data about you it has sold or shared and the categories of third parties to whom it has sold or with whom it has shared such Personal Data, by category or categories of Personal Data for each category of third parties to whom the Personal Data was sold or shared.
The categories of Personal Data about you it has disclosed for a PopUp Original Drink Thru, LLC purpose and the categories of third parties to whom it has disclosed such Personal Data. 

Right to Delete. Subject to certain exceptions, you have the right to request that the PopUp Original Drink Thru, LLC and any of its service providers delete your Personal Data.

Right to Correct. You have the right to request that the PopUp Original Drink Thru, LLC corrects any inaccurate Personal Data it maintains about you, considering the nature of the Personal Data and the purposes of the processing of the Personal Data.

Right to Opt-Out of the Sale or Sharing of Personal Data. If you are 16 years of age or older or have consented to the sale of your Personal Data, you have the right to direct that the PopUp Original Drink Thru, LLC not to sell or share your Personal Data at any time. You may change your mind and opt back into the sale of your Personal Data at any time by contacting the PopUp Original Drink Thru, LLC . The PopUp Original Drink Thru, LLC may deny any request to opt-out of the sale of Personal Data that its deem in its good-faith, reasonable and documented belief is fraudulent.

Right to Limit Use and Disclosure of Sensitive Personal Data. You have the right to direct us to limit the PopUp Original Drink Thru, LLC 's use of your sensitive Personal Data, to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services and as otherwise permitted by applicable law.

Right to Non-Discrimination for Exercising your Consumer Privacy Rights. You have the right not to be discriminated against for exercising any of your consumer privacy rights, such as, not being denied any goods or services or charged different prices or rates.


Data Retention

Please contact the PopUp Original Drink Thru, LLC if you would like details regarding the retention periods for different types of your Personal Data. Note that the PopUp Original Drink Thru, LLC may delete information from its systems without notice to you once the PopUp Original Drink Thru, LLC deem it is no longer necessary for the purposes described above. Retention by any of its processors may vary in accordance with the processor's retention policy. 

In some circumstances, the PopUp Original Drink Thru, LLC may store your Personal Data where it is required to do so in accordance with legal, regulatory, tax, audit, accounting requirements and so that the PopUp Original Drink Thru, LLC has an accurate record of your dealings with it in the event of any complaints or challenges, or if the PopUp Original Drink Thru, LLC reasonably believes there is a prospect of litigation relating to your Personal Data or dealings.

Please note that deletion of the App from your device does not cause deletion or anonymization of the information you voluntarily provided or information that the PopUp Original Drink Thru, LLC collected in accordance with this Privacy Notice. You should contact us if you would like your data to be deleted.


Third-Party Applications and Services. All use of third-party applications or services is at your own risk and subject to such third party's terms and privacy policies. 
 
Communications. The PopUp Original Drink Thru, LLC reserves the right to send you service-related communications, including service announcements and administrative messages, without offering you the opportunity to opt out of receiving them. Should you not wish to receive such communications, you may terminate the Services. 

Children. The PopUp Original Drink Thru, LLC does not knowingly collect Personal Data from children under the age of sixteen (16). In the event that you become aware that an individual under the age of sixteen (16) has enrolled in the Services without parental permission, please advise the PopUp Original Drink Thru, LLC immediately. 
 
Changes to the Privacy Notice. The PopUp Original Drink Thru, LLC may update this Privacy Notice from time to time to keep it up to date with legal requirements and the way the PopUp Original Drink Thru, LLC operates its PopUp Original Drink Thru, LLC , and the PopUp Original Drink Thru, LLC will place any updates on this webpage. Please come back to this page every now and then to make sure you are familiar with the latest version. If the PopUp Original Drink Thru, LLC makes material changes to this Privacy Notice, it will seek to inform you by notice on its website, App, or via email. 


Comments and Questions. If you have any comments or questions about this Privacy Notice or if you wish to exercise any of your legal rights as set out herein, please contact the PopUp Original Drink Thru, LLC . 


Last update: January 2024

PopUp Original Drink Thru, LLC
P.O. Box 1913 
Fayetteville, AR 72702

PopUp Original Drink Thru, LLC
2001 SW Regional Airport Blvd
Bentonville, AR 72713

End User Terms of Service – PopUp Original Drink Thru, LLC 


These End User Terms of Service ("Terms") govern your engagement with the applicable PopUp Original Drink Thru, LLC ("Business") in connection with its offering of certain services and benefits, which may include participation in a customer membership or loyalty club, use of a mobile application, provision of informative materials, benefits, features, events, sales or promotions, all to the extent available from time to time ("Services"). Additional terms or documents may govern the use of specific features or benefits and such specific terms will take precedence over these Terms. The Business's End User Privacy Notice explains the Business's practices regarding collection, processing and transfer of any personal data. "You" means an individual using the Services.

Please read these Terms carefully. By indicating that you agree or by joining the Business's membership club, you assent to these Terms. The PopUp Original Drink Thru, LLC may change these Terms from time to time and by continuing to use the Services following any changes, you agree to the amended Terms. If you do not agree to any of these Terms, please do not use the Services.

If you are registering on behalf of any entity or company, you represent that you are authorized to enter into, and bind such company to these Terms and register for the Services. 

Services

Subject to these Terms, the PopUp Original Drink Thru, LLC allows you to access and use the Services on a non-exclusive basis for your own privacy, personal, non-commercial use. 

Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (d) you shall comply with applicable laws, regulations, and these Terms throughout your use of the Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where these Terms or use of the Services is prohibited.

The PopUp Original Drink Thru, LLC may, at any time and without prior notice, change the scope or availability of the Services, the benefits, content, and functionalities, and may add or remove features.

PopUp Original Drink Thru, LLC may use information that you provide to let you know about products and Services that it believes will be of interest to you and will offer you the opportunity to unsubscribe from any such messages. For more information, see the End User Privacy Notice.

Termination

Subject to applicable law, the PopUp Original Drink Thru, LLC may, at any time, at its sole discretion, terminate or suspend the operation of the Services, its components, features, or any part thereof, temporarily or permanently. Efforts will be made to publish a termination or suspension notice a reasonable time beforehand. You may request termination of your account at any time by sending an email to the PopUp Original Drink Thru, LLC or via means provided through the Services. Upon termination, you must discontinue any use of the Services.

The PopUp Original Drink Thru, LLC may suspend or terminate your account at any time by providing three (3) days' prior notice. In addition, the PopUp Original Drink Thru, LLC may suspend or terminate your account with immediate effect and may take any other corrective action it deems appropriate if it believes that you have abused your rights, violated the letter or spirit of these Terms, or engaged in any behavior that is fraudulent, harassing, abusive, illegal or harmful to other users, third parties, or to the Business. If your account is terminated, you may not rejoin without permission. 

To the maximum extent permitted by law, upon termination of the Services or any features provided by the Services, any benefits or rights to benefits which you have earned when using the Services will expire immediately, all, at the sole discretion of the Business. To the extent a mobile application is provided as part of the Services ("App"), removal of the App does not automatically unsubscribe you from the Business's customer membership club, for which you should unsubscribe separately.

Suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Use Restrictions. 

You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Services, including framing or mirroring any part of the Site or Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content available through the Services; (3) use the Services or content thereon in connection with any personal or commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (5) use or access another user's account without permission; (6) use the Services or content thereon in any manner not permitted by these Terms or applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws.

To the extent you are provided with login details as part of your use of the Services, you are solely responsible for keeping them confidential and not sharing them with any third party. The PopUp Original Drink Thru, LLC shall not be liable for any loss or damage arising from unauthorized access to or use of your account or benefits from your failure to keep your information confidential.

Payments and Products.

The Services may include an online or physical store through which you can purchase certain goods or services ("Products"). In order to make purchases through the Services, you will be asked to provide customary billing information such as name, billing address and credit card information to the PopUp Original Drink Thru, LLC or to the Business's third-party payment processor(s). Depending on the Business's configuration, the Services may save these details for future purchases. Information of payment methods used by you may be used by the Services to allow automatic identification. You hereby authorize the collection of such amounts by charging the credit card provided, via a third-party payment processor. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's Personal Data collection practices. Please review such terms and conditions and privacy policy before using such services. 

Products, offerings, appointment, reservations, bookings, scheduling, dealings, transactions and interactions that may be available through the Services are customized and handled by the PopUp Original Drink Thru, LLC and may be supported or enabled by third parties' services linked to, embedded in or integrated with the Services (for example: e-commerce platforms, scheduling service providers, payment services providers, etc.). The PopUp Original Drink Thru, LLC is not responsible for the independent actions of any of its service providers.

The Products shall be offered in compliance with applicable law, including applicable consumer protection laws. Any returns of Products shall be conducted in accordance with the required conditions under applicable consumer protection laws. 

The Services may include promotions, advertisements and commercial information. By clicking advertisements you may be transferred to an advertiser's website and may choose to receive any other messages, information or offers from the advertiser and from others. To the maximum extent permitted by law, the PopUp Original Drink Thru, LLC is not responsible for any of the advertisers' practices including their privacy practices, or for the content of their websites, information, messages, or offers.

Customer Loyalty Features Description. Through the Services you may be offered the ability to participate in certain customer loyalty features, to the extent available from time to time. The PopUp Original Drink Thru, LLC does not guarantee that any of these features will be offered at any time. You may be required to be a member of the Business's customer membership club to use certain features. To the extent provided, these customer loyalty features are subject to applicable law and may be subject to additional terms, as follows: 

Scratch Cards. Digital scratch cards allow you to click to unveil rewards, discounts, or other benefits ("Benefits") that are hidden behind virtual scratch panels. Some scratch cards may entitle you to a prize within an individual game. The Benefits available may change from time to time. The PopUp Original Drink Thru, LLC may need to key in a code into your device, scan a QR code, or use another feature available to you on the Services in order to enable you to redeem your Benefit. Do not click the "Redeem" button or otherwise try to redeem a Benefit unless you are at the Business' premises and actively presenting your Benefit to the Business.

Point Accumulation Plans. This feature allows you to earn points for each purchase you make in the Business's premises and/or other actions taken by you on the Services and/or for other activities, as determined by the Business. The points that you earn can be redeemed at a conversion ratio pre-determined by the Business. Your aggregate number of points will be presented to you via the Services.

Punch Card. This feature allows you to collect "punches" on a virtual punch card. When you've collected a number of punches in the amount pre-determined by the Business, you will be eligible to get a Benefit. A punch may be earned for a purchase in Business' premises, an action on the Services (e.g. sharing something on social media), or another action as determined by the Business. Subject to any specific punch card rules and the setup of the Services, your punch card may be punched automatically when you make certain purchases, or you may be provided with a code to be used in order to register the punch.

Pre-paid Card. This feature allows you to purchase a pre-paid punch card entitling you to a fixed number of items that you may redeem at the PopUp Original Drink Thru, LLC premises, via the Services or otherwise as solely determined by the Business. Items from a pre-paid card are redeemable until the expiration date indicated on the card.

Pay with Budget. This feature allows you to charge (and recharge) your Services with certain amount of credit by purchasing it ("Budget"). With the Budget, you may purchase items from the PopUp Original Drink Thru, LLC until such credit reaches a balance of zero (0). Your current Budget will be displayed on the Services.

Coupons. This feature offers you a coupon code (e.g. a number, barcode, or QR). To use the coupon, the coupon code needs to be keyed, scanned and/or read at checkout/payment page or by the cashier in the PopUp Original Drink Thru, LLC premises. Only one coupon may be used for each transaction, unless stated otherwise on the coupon. Each coupon can be used only within the valid dates thereon. Expired coupons will not be accepted. Coupons may be subject to certain limitations and/or preconditions as indicated thereon. Coupons cannot be exchanged for cash or gift cards. The PopUp Original Drink Thru, LLC reserves the right to limit the use of or revoke any coupon. The PopUp Original Drink Thru, LLC may decide at its sole discretion not to honor coupons which it does not recognize, which are not present in the Services database/lists, or which have allegedly already been used. Coupons that have been applied are non-refundable.

General Club Deals. The PopUp Original Drink Thru, LLC may, at its sole discretion, determine that certain Benefits shall apply to registered club members, or to certain groups of members. In order to receive Benefit(s) you may have to identify yourself to the PopUp Original Drink Thru, LLC as a registered member and may have to provide identification details (such as name or phone number). If you do not actively identify yourself to the Business, you may not be able to receive the Benefit to which you would otherwise be entitled.

Customer Loyalty Features – Termination; Disclaimer.

Subject to applicable law, Customer Loyalty Features on your Services will automatically expire upon any of the following events: (a) use of the specific feature, including use of Budget or redemption of a Benefit; (b) upon the expiration date indicated; (c) if you remove the Services from your device; (d) if the PopUp Original Drink Thru, LLC has decided to cancel that feature and/or Benefit for any reason; or (e) if the Services are terminated generally or the App becomes unavailable. 

The PopUp Original Drink Thru, LLC may, at any time and without notice: (a) suspend or cancel any Customer Loyalty Features and/or Benefits if you have violated these Terms or part thereof in the event of violation of these Terms or any part thereof by you; or (b) terminate any Customer Loyalty Feature in its entirety. In addition, the PopUp Original Drink Thru, LLC may decrease the number of points or other Benefits which you (allegedly) earned for various reasons such as: (a) if they have been granted to you by mistake or as a result of an error or bug in the Services or the Business's point of sale system; (b) if you returned a purchased Product; or (c) if they were not earned in accordance with these Terms. In some cases, the PopUp Original Drink Thru, LLC may choose to offer you an equivalent alternative benefit.

In any event, no refunds or cash compensation will be available to you for unused points, coupons, virtual money on your gift card or any benefit that was not redeemed for any reason.

If a purchased item is returned by you to the Business' premises, then the PopUp Original Drink Thru, LLC may, subject to applicable law: (a) charge you for the same amount of points earned by you when purchasing such item; (b) cancel your entitlement to a Benefit; or (c) cancel your related punches, coupons, discounts etc.

Intellectual Property. The PopUp Original Drink Thru, LLC or its licensors, as the case may be, have all right, title, and interest in the Services, and any content thereon, including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the content of the Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms should be construed as granting you any right to use any trademark, service mark, logo, or trade name of the PopUp Original Drink Thru, LLC or any third party. If you provide PopUp Original Drink Thru, LLC with any feedback regarding the Services, PopUp Original Drink Thru, LLC or its service providers may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

Disclaimers and Disclaimer of Warranty

Your use of the Services is at your sole discretion and risk. The Services are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. The PopUp Original Drink Thru, LLC does not represent or warrant that Services will be of good quality or useful for your needs. 

THE PopUp Original Drink Thru, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE APP AND/OR SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. THE PopUp Original Drink Thru, LLC DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE APP AND/OR SERVICES; (II) THAT THE APP OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED. 

No advice or information, whether oral or written, obtained by you, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

LIMITATION OF LIABILITY. 

Without derogating from any of the above, the PopUp Original Drink Thru, LLC assumes no responsibility for any error, interruption, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any materials or Services. The PopUp Original Drink Thru, LLC is not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer systems or equipment, servers, software, failure due to technical problems or traffic congestion on the Internet or on the Services.

IN NO EVENT SHALL THE BUSINESS, ITS AFFILIATES, ITS SERVICE PROVIDERS (INCLUDING COMO, AS DEFINED BELOW), OR THEIR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, ASSIGNEES, OR AGENTS ("INVOLVED PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, OR TERMINATION THEREOF, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION OR BENEFITS PROVIDED, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER THE INVOLVED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT SHALL THE MAXIMUM CUMULATIVE LIABILITY OF THE INVOLVED PARTIES TO YOU EXCEED US$50.

Indemnification. To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, the Involved Parties and anyone acting their behalf, at your own expense and immediately after receiving a written notice thereof, from and against any damages, losses, liabilities, costs and expenses, including attorney's fees and legal expenses, resulting from any plea, claim, or demand, arising from, or in connection with, your use of the Services, your breach of the Terms, your violation of applicable laws, any other terms, rules or regulations applicable to the Services, or your violation, or infringement of other persons rights, including, without limitation, the rights of any Involved Parties. You may not settle or compromise such suit without the Business's prior written consent. the PopUp Original Drink Thru, LLC may be represented in any such suit by counsel of its own choosing at its own expense.

Application Marketplace. To the extent an App is provided, the App may be subject to additional third-party terms relating to the marketplace or store from which the App was downloaded. The third parties providing such marketplaces may be beneficiaries of these Terms, pursuant to the marketplace's Terms. The following terms apply if you downloaded the App from Apple's App Store. 

Apple Inc. ("Apple") is not a party to these Terms and is not responsible for the App.

Your license to use the App is not transferrable and is limited to use on iOS Products that you own or control, and as permitted by the Usage Rules in the App Media Services Terms and Conditions, except as permitted via Family Sharing, volume purchasing, or Legacy Contacts.

In the event of a failure to conform to any applicable warranty (if any warranty is applicable), you may notify Apple, and Apple will refund the purchase price for the App to you (if you paid any). Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, will not be at Apple's responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.

Apple will not be responsible for the investigation, defense, settlement, or discharge of a claim that your use of the App infringes a third party's rights.

Apple and its subsidiaries are third party beneficiaries of these Terms and Apple will have the right to enforce these Terms against you as a third-party beneficiary. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Como. The Services are powered by Como AI Malta Ltd. ("Como") and Como will be considered a beneficiary under these Terms. Como may, at its sole discretion, enforce any rights and/or obligations against you at law or in equity and is entitled to rely upon all rights, representations, warranties and covenants made by you in these Terms to the same extent that the PopUp Original Drink Thru, LLC is. Como is not responsible for the provision of the Services, App, Products, or Benefits to you and does not control the Business's configuration of the Services, its offerings, or its administration of its customer loyalty program. Como is not responsible for the actions of the PopUp Original Drink Thru, LLC in connection with the Services or otherwise. Nothing herein or through the Services shall be considered a recommendation, endorsement, or encouragement by Como to engage with the PopUp Original Drink Thru, LLC in any transactions or to procure any Products.

Governing Law, Jurisdiction. These Terms shall be governed solely by the laws of the country where the PopUp Original Drink Thru, LLC is incorporated and the competent courts in the city of its establishment shall have exclusive jurisdiction to hear any disputes arising hereunder, provided however, that the PopUp Original Drink Thru, LLC or any Involved Parties may lodge a claim against you pursuant to the indemnification clause above, in any court adjudicating a claim, in which case the law that governs that claim shall also govern the indemnification claim against you and/or the Business, the Involved Parties and its service providers may also seek injunctive relief in any court of competent jurisdiction in any country where the infringement, violation or action takes place. 

Miscellaneous In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and the PopUp Original Drink Thru, LLC or enables you to act on behalf of Business. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between you and the PopUp Original Drink Thru, LLC pertaining to the subject matter hereof, and any and all other agreements existing between you and the PopUp Original Drink Thru, LLC relating thereto are hereby canceled. The PopUp Original Drink Thru, LLC may assign and/or transfer its rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. 

Last updated: January 2024