TERMS AND CONDITIONS

End-User License

All use of Rita’s Franchise Company’s World Wide Web pages is subject to the terms and conditions set forth below. Any use of such Web pages constitutes the user’s agreement to abide by the following terms and conditions.

In the event of a conflict between these terms and conditions and more specific terms and conditions that apply to another Web site of The Rita’s Franchise Company, the more specific terms and conditions of such other Web site shall prevail with respect to such conflict.

All information provided by Rita’s Franchise Company is owned by Rita’s Franchise Company. The Rita’s Franchise Company retains all proprietary rights to the Rita’s Franchise Company information. The Rita’s Franchise Company has the right to use all material entered into these Web pages in any of The Rita’s Franchise Company’s print or electronic publications. Except for making one hard copy print of limited portions of the Rita’s Franchise Company information on an ad hoc basis, or downloading as expressly authorized by The Rita’s Franchise Company, Rita’s Franchise Company information may not be reproduced, transmitted or distributed without Rita’s Franchise Company’s permission.

The Rita’s Franchise Company makes no guarantees or warranties as to the accuracy or completeness of or results to be obtained from accessing and using the Rita’s Franchise Company information. Rita’s Franchise Company will not be liable to any user or anyone else for any inaccuracy, error or omission, regardless of cause, in Rita’s Franchise Company information or for any damages resulting there from.

Users entering materials on any of these Web pages are responsible for the content of that material. The Rita’s Franchise Company has no responsibility for the content of any messages or information posted by users, or for the content of information of third parties on the Internet, even if accessed through The Rita’s Franchise Company’ pages. However, The Rita’s Franchise Company retains the right, which it may or may not exercise, in its sole discretion, to review third party material and to edit or delete from the service any third party material which The Rita’s Franchise Company deems to be illegal, offensive or otherwise inappropriate.

Users may through hypertext or other computer “links” gain access to other sites on the Internet which are not part of The Rita’s Franchise Company’ Web pages. The Rita’s Franchise Company assumes no responsibility for any material outside of the Rita’s Franchise Company Web pages which may be accessed through any such “link.”

The user agrees to indemnify The Rita’s Franchise Company from any damages, losses, costs or expenses which The Rita’s Franchise Company, its affiliates, their respective employees and authorized representatives may incur as a result of material entered into these Web pages by the user.

In addition, user may not:

  1. use these Web pages for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
  2. use or attempt to use any “deep-link,” “scraper,” “robot,” “bot” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of these Web pages, any data or content found on or accessed through these Web pages, or any other Rita’s Franchise Company information without the prior express written consent of The Rita’s Franchise Company;
  3. obtain or attempt to obtain through any means any materials or information on these Web pages that have not been intentionally made publicly available either by their public display on these Web pages or through their accessibility by a visible link on these Web pages;
  4. violate any measure employed to limit or prevent access to these Web pages or their content;
  5. violate the security of these Web pages or attempt to gain unauthorized access to these Web Pages, data, materials, information, computer systems or networks connected to any server of these Web Pages, through hacking, password mining or any other means;
  6. interfere or attempt to interfere with the proper working of these Web pages or any activities conducted on or through these Web pages, including accessing any data, content or other information prior to the time that it is intended to be available to the public on these Web pages;
  7. take or attempt any action that, in the sole discretion of The Rita’s Franchise Company, imposes or may impose an unreasonable or disproportionately large load or burden on these Web pages or the infrastructure of these Web pages.

PRIVACY POLICY (THIS “PRIVACY POLICY”)

Rita’s Franchise Company, LLC (“we,” “our,” or “us”) (i) owns the Rita’s® franchise system (the “Franchise System”) that operates under our trademarks (the “Trademarks”), (ii) licenses the right to use the Franchise System and Trademarks to independently owned and operated Rita’s® shops (“Franchised Shop(s)”), and (iii) licenses the right to use the Franchise System to area representatives (“Area Representatives” or “Area Developers”) in order for the Area Representatives and/or Area Developers to market and sell franchises to prospective franchise owners.

We know you care about your privacy. We value your privacy too, so we believe in being transparent about our privacy practices. In this Privacy Policy, we describe our practices in connection with our websites located at ritasice.com (https://www.ritasice.com), ownaritasfranchise.com (https://ownaritasfranchise.com) and all Franchised Shop websites linked to ritasfranchises.com (including any mobile optimized versions of our sites, the “Website(s)”); any software applications made available by us for use on or through computer and mobile devices (the “App(s)”); and any social media pages that we may control (“Social Media Page(s)”). It is important that you read this Privacy Policy carefully. By using the Website(s), App(s) and Social Media Page(s) (individually and collectively, the “Services”), you are agreeing to this Privacy Policy and all the terms and conditions contained herein. If you do not agree with this Privacy Policy, please do not use the Services or provide us with any of your Personal Information (defined below). Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of the Services.

This Privacy Policy does not apply to Franchised Shops, which are owned and operated by independent businesspeople. For example, a Franchised Shop may use email or other methods of communication with its guests. Each Franchised Shop is solely responsible for those types of communication, and you should contact a Franchised Shop directly to understand how it may treat your personal information.

This Privacy Policy does not apply to Area Representatives, which are owned and operated by independent businesspeople.For example, an Area Representative may use email or other methods of communication with prospective Franchised Shop owners. Each Area Representative is solely responsible for those types of communication, and you should contact an Area Representative directly to understand how it may treat your personal information.

We may collect personal information about you (information that identifies you as a specific person or related to you as a specific person) (“Personal Information” or “PI”), such as your:

  • Name

  • Address (billing and shipping addresses)

  • Telephone Number

  • Birthdate

  • Email address

  • Credit and debit card information

  • Employment history and/or

  • Preferences

We may also collect information related to the computer or other device that you may use to access the Services. This type of information may not identify the individual user, but instead may identify the computer or other device(s) used.

We may collect and use all information shared by franchisees and Area Representatives.

How Do We Collect Personal Information?

Submitted by You: We may collect Personal Information from you when it is voluntarily submitted by you. For example, your Personal Information may be collected when you:

  • Apply for employment

  • Contact us with a question, comment, or request

  • Initiate a search on one of the Websites or use any of the Services

  • Make a product, vendor, or real estate inquiry

  • Join the Rita’s® Birthday Club, Rewards program or any other loyalty program and/or

  • Submit an inquiry regarding owning a Franchised Shop.

Cookies: The Websites use “cookies” and the other Services may use cookies. Cookies are small pieces of information that the Websites (or the other Services) send to your computer and that are stored on your computer’s hard drive. Cookies save your preferences and record browser activity. Cookies may be used to enhance your experience using the Services. For example, a cookie may save login information so that you don’t need to login every time that you use the Services. Cookies may also be used for marketing purposes to determine how the Services are used.

Mobile Devices: When you visit the Website(s) on a mobile device or use any of the Services on a mobile device, we may collect information related to your unique mobile device ID, as well as location information. Should you download any Apps, we, as well as our service provider, may monitor, track, and collect usage data. For example, we may collect data specific to the days and times which you access the App(s) from your specific device.

Other Sources: We may also receive your Personal Information from other sources, such as social media platforms, people that you are in some way connected with on social media platforms, public databases, and the like.

Location Tracking: Additionally, when you visit our Website(s), or use any Services, we may collect information about your location using technologies like GPS, wi-fi, or cellular tower proximity. This type of information may be used to locate your proximity to nearby Franchised Shops, or to identify offers and other location specific items that may be of interest to you.

How Do We Use Personal Information that We Collect?

The Personal Information that you provide helps us understand how you use our Services, and our products and services.

We may use your information, without limitation, to: evaluate your candidacy for employment; respond to specific inquiries or requests; send notices, offers, and solicitations that may take the form of U.S. mail, telephone calls, e-mail, and other methods of contact or solicitation; and for internal analysis in order to improve our products and services (marketing research, data analysis; etc.).

We may also use your Personal Information to provide you with information concerning Rita’s® products or services which you request or which we think may interest you.

How is the Personal Information We Collect Disclosed?

In the course of carrying out our operations and seeking to improve the content on our Websites and other Services, we may transfer your Personal Information and other information that you submit through our Services, without limitation, to our offices, affiliates, Franchised Shops, Area Representatives, and service providers in the United States. We will not sell, exchange, or otherwise distribute your Personal Information without your consent, except to the extent required by law, in accordance with your instructions, or as set out below:

  • Transaction Requirements: We sometimes retain the services of third parties to perform functions or services on our behalf. We will require that these entities not retain, share, store, or use Personal Information for any secondary purposes. However, we do not undertake to confirm, investigate, or police their practices.

  • Franchisees and Area Representatives: We may share your Personal Information with our franchisees, who individually own and operate Franchised Shops. We may also share your information with our Area Representatives.

  • Affiliates: We may disclose your Personal Information to our affiliates. Such affiliates may include, without limitation, our parent companies, RGCC, LLC (our gift card affiliate), and any other related companies.

  • Vendors and Service Providers: We may share your Personal Information with vendors and service providers with whom we, our affiliates, our franchisees, or our Area Representatives have a business relationship. For example, we may share your information with travel service companies, financial service companies, insurance companies, payment and credit card processing companies, accountants, legal advisors, and email delivery services.

  • Third Party Marketing Services: We may provide your Personal Information to companies that perform marketing services on our behalf, on behalf of our affiliates, or to other institutions with whom we or our affiliates have joint marketing agreements.

  • Joint Promotions: From time to time, we may join with third parties to provide specific products or services. When users sign up for these services or order these products, we will share only the names and other information that is necessary for the third parties to provide these services or products. These third parties are not permitted to use your Personal Information except for the purpose of providing these services or products. However, we do not undertake to confirm, investigate, or police their practices.

  • Merger or Acquisition: We may share your Personal Information with a third party who acquires any part of us or our assets, or any of our affiliates, whether such acquisition is by way of merger, consolidation, or purchase of all or a substantial portion of our assets.

  • Disclosure Permitted by Law: We may share your Personal Information to government or public agencies, law enforcement authorities, regulators, and/or any other person or entity having legal authority or justification for receipt of your Personal Information if: (i) we believe that we are required to do so by law; (ii) we believe that we are permitted to do so by law or legal process; (iii) we are responding to a claim; or (iv) we are protecting our rights, property, or safety and that of our affiliates, the Franchise System, or others.

  • Demographic Information: We will share aggregated demographic information with our affiliates and other third parties. This type of information is not linked to any Personal Information that can identify any individual person.

How Do We Protect Your Personal Information?

We take reasonable steps to help protect your Personal Information. However, data transmitted over the internet is never 100% secure. While we do our best to protect your Personal Information, we cannot guarantee the security of any information that is provided to us.

Other Information

  • Changes to this Privacy Policy: We may revise this Privacy Policy from time to time, and/or use your Personal Information for new, unanticipated uses not specified in this Privacy Policy. Should this be the case, updated versions of this Privacy Policy will be posted on our Websites. You should review this Privacy Policy periodically, so that you can be up to date on our most recent privacy policy and procedures.

  • This Privacy Policy is governed by the internal substantive laws of Pennsylvania, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of this Privacy Policy shall lie exclusively with the state and federal courts within Pennsylvania. If any provision of this Privacy Policy is found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Privacy Policy, which shall remain in full force and effect.

  • UNDER NO CIRCUMSTANCES SHALL WE HAVE ANY LIABILITY WHATSOEVER FOR ANY ERRORS OR OMISSIONS IN INFORMATION PROVIDED THROUGH THE SERVICES, OR FOR ANY DAMAGES, LOSSES, OR EXPENSES THAT MAY OCCUR WHILE ACCESSING THE WEBSITES, OR ANY LINKED SITE, OR THE INABILITY TO ACCESS THESE SITES; OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING OUT OF THE BREACH OF THIS PRIVACY POLICY, HOWEVER OCCASIONED.

  • Contact Information: If, after reviewing this Privacy Policy, you have questions or concerns regarding the Privacy Policy or your Personal Information, please send an email to legal@ritascorp.com.

  • Review and Deletion: You may request to review, delete, or modify your Personal Information at any time by contacting us via email at legal@ritascorp.com. If reasonably practicable, we will comply with any such request.