SPECIAL PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

California’s Shine the Light Law

Subject to certain limits under California Civil Code section 1798.83, California residents may ask Wow Wow Hawaiian Lemonade to provide them with (i) a list of certain categories of personal data that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. California residents may make one request per calendar year.

To make this request, you may contact Wow Wow Hawaiian Lemonade at the mail or email address listed in the “Contact Us for More Information” section below. In your request, please state that you are a California resident and provide a current California address for our response. Please allow up to thirty (30) days for a response. Wow Wow Hawaiian Lemonade reserves its right not to respond to such requests submitted to addresses other than those specified in the “Contact Us for More Information” section below.

CALIFORNIA’S CONSUMER PRIVACY ACT

1. CALIFORNIA RESIDENTS’ RIGHTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT

If you are a California resident, you have certain rights regarding information that is treated as Personal Information under the California Consumer Privacy Act of 2018, California Civil Code sections 1798.100 et seq. (“CCPA”).

• The right to know what categories of Personal Information are being collected, sold, or disclosed and the categories of sources of that Personal Information.

You have the right to know what categories of Personal Information we collect, sell, or disclose about you, as well as the categories of third parties who purchased or received your Personal Information and the categories of sources of that Personal Information. These categories are described below in the “Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed” section below. We are also required to provide to you, before or at the point of collection, a general notice about the categories of Personal Information collected by us and how we intend to use the collected Personal Information.

• The right to access collected Personal Information

You have the right to request that we provide a copy of your Personal Information that we collected, sold, or disclosed in the preceding twelve (12) months. Only you, or someone you legally authorize to act on your behalf, may make a request related to your Personal Information. You may submit a maximum of two requests in a 12-month period.

You must provide sufficient information to enable us to reasonably verify your identity or that of your authorized agent. We will only use the Personal Information provided in your request to verify your identity or that of your authorized agent. Please note that we cannot provide any Personal Information in response to a request if we cannot verify your or your authorized agent’s identity or your authorized agent’s authority to make the request on your behalf and/or if we cannot confirm that the collected Personal Information relates to you.

After receiving and verifying your request, we will provide the following information (depending on your request):

• The categories of Personal Information collected about you in the preceding twelve (12) months.
• The sources of that Personal Information by category.
• The business or commercial purpose(s) for collecting or selling that Personal Information.
• The categories of third parties with whom we shared that Personal Information.
• The specific pieces of Personal Information collected about you.

If we sold your Personal Information or disclosed it for a business purpose, we will provide:

• The categories of Personal Information sold in the previous twelve (12) months and the categories of third parties to whom the Personal Information was sold.
• The categories of Personal Information disclosed for a business purpose in the previous twelve (12) months and the categories of third parties to whom the Personal Information was disclosed.

See the “Methods for Submitting CCPA Requests to Wow Wow Hawaiian Lemonade” section below for information on how you can exercise your right to access collected Personal Information. For more information, see also the “Response Timing and Format” section below.

• The right to request deletion of Personal Information

With certain exceptions, you have the right to request that we and our service providers delete Personal Information we or our service provider collected or maintained. Once we receive and verify your request, we will delete and instruct any applicable service providers to delete your Personal Information from our records, unless an exception applies.

We and our service providers may deny a verified deletion request if we must maintain your Personal Information to:

• Complete the transaction or provide a good or service requested by you for which we collected the Personal Information, or otherwise perform a contract between us.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity.
• Debug to identify and repair errors that impair existing intended functionality of our systems.
• Exercise a legal right provided for by law, including exercising or ensuring free speech rights.
• Comply with the California Electronic Communications Privacy Act (California Penal Code sections 1546 to 1546.4).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest if:
  • the research adheres to all other applicable ethics and privacy laws;
  • deleting the Personal Information is likely to make the research impossible or seriously impair it; and
  • you provided informed consent during the initial data collection.
• Enable our internal use in a manner that you would reasonably expect based on your relationship with us.
• Comply with our legal obligations.
• Otherwise use your Personal Information internally in a lawful manner that is compatible with the context in which you provided the information.

See the “Methods for Submitting CCPA Requests to Wow Wow Hawaiian Lemonade” section below for information on how you can exercise your right to delete collected Personal Information.

• The right to opt-out of the sale of Personal Information

You have the right to opt-out of the “sale” of your Personal Information to other businesses or third parties. The CCPA defines “sell,” “selling, “sale,” and “sold” to include selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means.

Once we receive an opt-out request, we will act upon the request as soon as commercially reasonable, but no later than fifteen (15) days from the date we receive the request. We will also notify all third parties to whom we have sold the Personal Information within the ninety (90) days prior to receiving the request that you have exercised your opt-out right and instruct them not to resell the Personal Information.

However, if we have a good-faith, reasonable, and documented belief that the request is fraudulent, we will deny the request and provide you with an explanation of our rationale.

You may elect to opt-in to the sale of Personal Information after opting-out. In the event that a transaction requires the sale of your Personal Information as a condition of completing the transaction, we will inform you of this and provide instructions on how you can opt-in. See the “Do Not Sell My Personal Information” section below for more on how to opt-out of the sale of Personal Information.

• The rights of California consumers who are less than 16 years of age

We do not sell the Personal Information of California consumers who we actually know are less than 16 years of age unless we receive affirmative authorization from either the consumer who is between 13 and 16 years of age or the parent or guardian of a consumer less than 13 years of age.

• The right to be free from discrimination

You have the right to equal service, and we will not discriminate against you if you exercise your rights under the CCPA.

2. CATEGORIES OF CALIFORNIA CONSUMERS’ PERSONAL INFORMATION COLLECTED, SOLD, OR DISCLOSED

We collect a variety of categories of Personal Information about California consumers, their household, and/or their devices, from both online and offline sources. We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated, or incompatible purposes without providing advance notice.

In particular, we may collect the following types of Personal Information about California consumers:

• Identifiers, such as names, email addresses, IP addresses, or other similar identifiers.
• Internet activity information.
• Professional or employment-related information.
• Educational information.
• Financial information.
• Characteristics of protected classifications under California or federal law.

We may obtain the Personal Information listed above from the following sources:

• Cookies and other tracking technologies:We may automatically collect the following Personal Information or other information about your use of our Sites through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; device ID; the length of time you visit our Sites; page views; and the referring URL or webpage that led you to our Sites. Please see the section “Our Use of Cookies and Other Tracking Mechanisms” below to learn more about our use of cookies and other tracking mechanisms.

We may collect, share, and/or sell the Personal Information described above for one or more of the following business or commercial purposes:

• To respond to your inquiries and for other customer service purposes.
• To tailor the content and information that we may send or display to you, to offer location customization and personalized help and instructions, and to otherwise personalize your experiences while using the Sites.
• To administer sweepstakes, contests, and other promotions we may conduct from time to time through the Sites.
• For marketing and promotional purposes. For example, we may use your Personal Information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about information we think may interest you. We also may use the information that we learn about you to assist us in advertising on third-party websites.
• To manage the Careers page on the Sites, which is a tool used by Wow Wow Hawaiian Lemonade and our franchisees to assist in employee recruiting efforts.
• To better understand how users access and use our Sites, both on an aggregated and individualized basis, in order to improve our Sites and respond to user desires and preferences, and for other research and analytical purposes.
• If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
• We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms and Conditions of Use or this Policy, or as evidence in litigation in which Wow Wow Hawaiian Lemonade is involved.
• We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

Please note that we may combine information that we collect from you and about you (including automatically-collected information) with information we obtain about you from our affiliates, vendors, and/or other non-affiliated third parties and use such combined information in accordance with this Policy.

We may aggregate and/or de-identify information we collect. We may use de-identified and/or aggregated data for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties or affiliates.

We may share or sell the Personal Information listed above with the following categories of third parties:

• Affiliates. We may disclose the information we collect from you to other Wow Wow Hawaiian Lemonade franchisees, affiliates, or subsidiaries; however, if we do so, their use and disclosure of your Personal Information will be subject to this Policy.
• Vendors. We may disclose the information we collect from you to third-party vendors, service providers, contractors, or agents who perform functions on our behalf. For example, we may disclose your email to a third-party vendor or service provider for the purpose of sending you updates about a specific Wow Wow Hawaiian Lemonade location.

3. METHODS FOR SUBMITTING CCPA REQUESTS TO Wow Wow Hawaiian Lemonade

You have the right to submit a verifiable request to us using the following methods:

• Online Request Form.You may submit a request to know by completing the online CCPA Consumer Request to Know Form located here or a request to delete by completing the online CCPA Consumer Request to Delete Form located here.

See the “Do Not Sell My Personal Information” section below for more on how to submit a request to opt-out of the sale of Personal Information.

4. VERIFICATION PROCESS

Once we receive a request to know or to delete, we must verify your identity before we can respond.

You may be required to provide the following information for verification purposes:

• Your first and last name.
• Home city, state, and zip code.
• Your email address.
• Your telephone number.
• Any other data point that is reliable for the purpose of verifying identity.

If you submit either a request to know specific pieces of Personal Information collected, or a request to delete sensitive, irreplaceable, or otherwise valuable Personal Information, you (or your authorized agent, if applicable) will be required to provide a signed declaration affirming your identity (or your authorized agent’s identity, if applicable). The declaration is included on the online CCPA Consumer Request to Know Form located here and online CCPA Consumer Request to Delete Form located here.

5. AUTHORIZED AGENTS

An authorized agent is either a natural person or a business entity registered with the California Secretary of State that a consumer has authorized to act on his or her behalf.

You may use an authorized agent to submit a request to know, to delete, or to opt-out. Your agent will need to provide: either (1) a power of attorney; or (2) your written permission to allow the authorized agent to submit the request on your behalf and verification of your identity.

6. RESPONSE TIMING AND FORMAT

Acknowledgement of receipt of request

We will confirm receipt of a request from you within ten (10) days. This confirmation will provide information about how we will process the request, including a description of our verification process and an approximation of when we will send you a substantive response.

Substantive Response

We will respond to a verifiable request from you within forty-five (45) days. If we cannot respond in that time, we will notify you in writing that we need an additional forty-five (45) days and explain the reason for the needed additional time. We will deliver the written response by mail or email, at your option.

Any disclosures we provide will cover only the 12-month period preceding our receipt of your verifiable request. If we cannot comply with your request, we will explain why. If you have requested to know specific Personal Information we collected, we will provide that information to you via email.

We do not charge a fee to process or respond to a verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why and provide you with a cost estimate before completing the request.

Acting upon opt-out requests

We will act upon an opt-out as soon as commercially reasonable, but no later than fifteen (15) days from the date we receive the request.

7. DO NOT SELL MY PERSONAL INFORMATION

You have the right to direct us not to sell your Personal Information and you may exercise this right at any time. Once you opt-out, we will not sell your Personal Information unless you give us authorization to do so. We will not ask you to reauthorize such sales until 12 months have passed since complying with request to opt-out.

If you are a California consumer and wish to opt-out of the sale of your Personal Information, you may submit an opt-out request by clicking on the following link: Do Not Sell My Personal Information.

8. CONTACT US FOR MORE INFORMATION

California consumers who have questions or concerns about our privacy policies and practices may contact a trained customer service representative through one of the following method:

Email: [email protected]

When contacting our customer service, please include in the communication or have available the information listed under the “Verification Process” section above. If using an authorized agent, please include in the communication or have available proof of authorization.

Last updated on: 8/4/2021