Privacy policy

Wushiland Boba reserves the right, at its sole discretion, to change, modify, add or remove portions of this Privacy Policy at any time. It is your responsibility to check this Privacy Policy periodically for changes. Your continued use of any of the Services following the posting of changes will mean that you accept and agree to the changes.

Please also note that Preferred Patron Loyalty LLC (“Preferred Patron”) is our Program provider.  As such, your use of the Program is also subject to Preferred Patron’s Terms and Conditions  and Privacy Policy, which are both incorporated herein by reference.

BY ACCESSING AND USING ANY OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS PRIVACY POLICY, OUR TERMS OF USE, AS WELL AS ANY OTHER TERMS AND CONDITIONS APPLICABLE TO EACH OF THE SERVICES, WHICH ARE ALL INCORPORATED HEREIN BY REFERENCE.  IF YOU DO NOT AGREE TO THE TERMS IN ANY OF THE ABOVE, DO NOT USE ANY OF THE SERVICES.  THIS PRIVACY POLICY CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT.

1. Collection and Use of Personal Information

“Personal information” means information that identifies any visitor/user of the Services or could reasonably be used to identify such visitor/user and which is submitted to and/or collected by the Services and maintained by Wushiland Boba, including information actively submitted by you and passively-collected information, as described below.  

E-mail addresses and other personal information of visitors/users, such as a first and last name, birthdate, home or other physical address and telephone number, are known to Wushiland Boba only when voluntarily submitted, for example, via registration for the Program and other services and purchases made through the Website or App, content submissions, suggestions or participation in online interactive activities. You may be asked to provide your personal information anytime you are in contact with us.  You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to your queries.

In addition, we may collect certain information by automated means. The information we collect may include your Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, the unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile device, the address of a referring web site (if any), the pages you visit on our Website and other information. We may use this information to operate, maintain, and manage our Services and to provide services such as technical support.  In addition, certain personal information may be collected using various technologies, such as cookies, Internet tags, and web beacons. As detailed more particularly below, the Services may use cookies and other similar technologies to track visitor/user preferences. 

The Services may collect precise information about the location of your mobile device using location awareness technologies such as GPS, Wi-Fi, Bluetooth or cell tower proximity. Wushiland Boba uses this information for location-based services that you request such as locating nearby Wushiland Boba stores or identifying special offers that may be of interest to you, or personalizing your interactions with Wushiland Boba. For most mobile devices, you are able to withdraw your permission for Wushiland Boba to acquire this information on your location through the device settings. If you have questions about how to disable your mobile device’s location services, we recommend you contact your mobile device service provider or the device manufacturer. If you would like us to delete location information we have collected, please contact us at the email or postal address listed below. Please note that some features may not function properly following deletion, and that we may be required by law to retain certain information.  If you decide to use functionalities of the Services that require transmission of personal information, you must enable the relevant functions on your browser or the App to allow for the transmission of such information. 

Here are some examples of the types of personal information we may collect and how we may use it.

A. What personal information we collect
 

• When you create an account, contact us or participate in any promotion or interactive activities, we may collect a variety of information including but not limited to your name, mailing address, phone number, email address, contact preferences, birthdate and credit card information.
• All transactions occurring via the Services will also generate a transaction history associated with your account.

B. How we use your personal information
 

• We use the information we gather in connection with the Services to provide you with the services and/or products you have requested from us and/or third parties. We also use the information we have collected to contact you with additional offers that may be of interest to you. 
• The financial information we collect is used by us and our bank to process and fulfill transactions and related functions performed via the Services
• The personal information we collect allows us to keep you notified of our latest product announcements, updates, and upcoming events. If you do not want to be on our mailing list, you can opt out anytime by e-mailing us at [email protected] or updating your preferences by accessing your account. 
• We also use personal information to help us create, develop, operate, deliver, improve our products, services, content and advertising, and for loss prevention and anti-fraud purposes.
• We may use your personal information, including your date of birth, to verify identity, assist with identification of users, and to determine appropriate services.
• From time to time, we may use your personal information to send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with Wushiland Boba, you may not opt out of receiving these communications.
• We may also use personal information for internal purposes such as auditing, data analysis, and research to improve our products, services, and customer communications.
• If you enter into a sweepstake, contest, or similar promotion we may use the information you provide to administer those programs.
• We and our affiliates may share your personal information with each other and use it consistent with this Privacy Policy. We and they may also combine your personal information with other information to provide and improve our products, services, content, and advertising.

2. Collect and Use of Non-Personal Information

We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:

• We may collect information such as race, gender, occupation, language, zip code, area code, referrer URL, location, and the time zone where a Service is being accessed, so that we can better understand customer behavior and improve our products, services, and advertising.
• We may collect information regarding customer activities in connection with the Services and from our other products and services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of the Services, products, and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Private Policy.
• We may collect and store details of how you use our Services, including search queries. This information may be used to improve the relevancy of results provided by our Services. 

If we do combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.

3. Disclosure to Third Parties

Personal information may be shared by Wushiland Boba with its vendors and service providers, but in all instances the information will be used only for the purposes enunciated in this Privacy Policy. Without limiting the foregoing, this information may be used: (1) to process payments for purchases made on the Website and App; (2) to help Wushiland Boba better understand visitors’/users’ use of the Services; (3) to respond to specific requests from visitors/users; (4) to provide notices to visitors/users, such as marketing information, discount coupons and new product offerings; and (5) to protect the security or integrity of the Services. 

4. Cookies and Other Similar Technologies

The Website and App may use “cookies” and other similar technologies. “Cookies” are small pieces of information that the Website and App and other websites may place on your computer’s hard drive to help the Website and App remember your preferences and provide information targeted to your interest and location. These technologies help us better understand user behavior, tell us which parts of the Website and App people have visited, and facilitate and measure the effectiveness of advertisement and web searches.

We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.  If you want to disable cookies, go to your browser’s preference to disable cookies. Please note that certain features of the Website and App may not be available once cookies are disabled.

As is true of most internet services, we may gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit websites and applications, operating system, date/time stamp, and clickstream data.

We use this information to understand and analyze trends, to administer the Services, to learn about user behavior on the Services, to improve our product and services, and to gather demographic information about our user base as a whole. Wushiland Boba may use this information in our marketing and advertising services.  In some of our email messages and in-App notifications and other in-App or Website functions, we use a “click-through URL” linked to content on other websites. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page. We may track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in these messages and functions.

5. Other Disclosures

It may be necessary – by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence – for Wushiland Boba to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public import, disclosure is necessary or appropriate.  We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.

6. Protection of Personal Information

Wushiland Boba takes the security of your personal information very seriously. We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. However, the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we make reasonable efforts to protect your personal information, we cannot guarantee the security of your personal information transmitted to or through the Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.

It is your sole responsibility to maintain the confidentiality and security of any personal information which you transmitted from or stored on your mobile device or computer for purposes of the Services, including financial and payment information, whether authorized or unauthorized.  It is also your responsibility to immediately notify Wushiland Boba of any unauthorized transactions associated with the Services, including any financial transactions, or any other breach of security. Wushiland Boba is not responsible for any losses arising out of the loss or theft of personal information which you transmitted from or stored on a device or from unauthorized or fraudulent transactions associated with the Services.

7. Integrity and Retention of Personal Information

We make it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless longer retention period is required or permitted by law.  

8. Access to Personal Information

You can help ensure that your information and preferences are accurate, complete, and up to date by logging into your account. In the event that Wushiland Boba decides to collect and hold personal information, we will provide you with access for any purpose including to request that we correct the data if it is inaccurate or delete the data if Wushiland Boba is not required to retain it by law or for legitimate business purposes. We may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by local law.

9. Personal Information Related to Children

We understand the importance of taking extra precautions to protect the privacy and safety of children using our products and services. Accordingly, we do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction.

Children are not eligible to use any portion of the Services that require submission of personal information, and we require that children do not submit any personal information to us. This includes submitting personal information as part of a user profile or personalization profile. If we learn that we have collected the personal information of a child under 13, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible.

Children under the age of 13, or equivalent minimum age in the relevant jurisdiction, are not permitted to create their own account or make purchases via the Services.

10. Third-Party Sites and Services

The Website and App may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties, which may include such things as location data, contact details, or payment information, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

11. Your California Privacy Disclosures

A. Shine the Light
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To make such a request, please send an email to [email protected] and please include the phrase “California Privacy Request” in the subject line, and provide us with your name, address and email address. We will respond to you within thirty days of receiving such a request.

B. Do Not Track
We do not track our customers over time and across third party websites to provide targeted advertising and therefore our servers not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you.  Third parties that have content embedded on the Website and App such as a social feature may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited the Website and App from a certain IP address. Third parties cannot collect any other personally identifiable information from the Website and App unless you provide it to them directly.

For the Website, you may opt-out of certain tracking by disabling cookies through your browser or by visiting the opt-outs provided by the Network Advertising Initiative and Digital Advertising Alliance. For the App, you may opt-out by downloading the Digital Advertising Alliance’s AppChoices tool at www.aboutads.info/appchoices and adjust the advertising preferences on your mobile device.

C. California Consumer Privacy Act (CCPA) Disclosures

If you are a resident of the State of California certain additional privacy-related rights may apply to you, including the right to opt-out of our sale of your personal information, as well as the right to know what personal information about you we have collected, whether your personal information was shared with third-parties in the preceding year and, if so, what categories of personal information were shared, as well as the categories of third parties with whom we shared that information. Please see our “Supplemental Privacy Notice for California Residents” located in Section 13 below for a more complete description of your rights as a California resident.  With respect to California residents only, to the extent there are any inconsistencies between the terms set forth in the “Supplemental Privacy Notice for California Residents” and the rest of this Privacy Policy, the terms set forth in the “Supplemental Privacy Notice for California Residents” shall control.

12. DISPUTE RESOLUTION, ARBITRATION CLAUSE AND CLASS ACTION WAIVER

You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of this Privacy Policy will be resolved in accordance with the provisions set forth in this Dispute Resolution section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. You agree that whenever you have a disagreement with Wushiland Boba arising out of, connected to, or in any way related to this Privacy Policy, you will send a written notice to Wushiland Boba (the “Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted this Privacy Policy. You must send the Demand to the following address (the “Notice Address”): Legal Department, Wushiland Boba, 10601 Tierrasanta Blvd. Ste G330, San Diego CA 92124. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 60 days after Wushiland Boba has received the Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 60 days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you and Wushiland Boba to litigate claims in court, and you and Wushiland Boba each agree to waive your respective rights to a jury trial or a state or federal judge. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow this Privacy Policy as a court would. You agree that you will not file any lawsuit against Wushiland Boba in any state or federal court. You agree that if you do sue in state or federal court, and Wushiland Boba brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Wushiland Boba in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the then-current AAA Consumer-Related Disputes Supplementary Procedure and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Wushiland Boba. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.

You agree that you will not file a class action or collective action against Wushiland Boba, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in this Privacy Policy, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you or Wushiland Boba agree to class or collective procedures in arbitration or the joinder of claims in arbitration.

13. Supplemental Privacy Notice for California Residents

This Section 13 (Supplemental Privacy Notice for California Residents) applies solely to visitors, users, and others who reside in the State of California. We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws.  Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We may collect personal information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device. In particular, we may collect the following categories of personal information from consumers within the last twelve (12) months:

 

Personal information does not include:

• Publicly available information from government records.
• De-identified or aggregated consumer information.
• Information excluded from the CCPA's scope, like:

            health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;

           personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

 

We obtain the categories of personal information listed above from the following categories of sources:

• Directly from our customers, employees or users of any of our services. For example, when a customer creates an account in connection with the Services.
• Directly and indirectly from activity on our Website or App. For example, from submissions through our website portal or website usage details collected automatically.

 

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

• To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information to purchase a product, we will use that information to fulfill the order.
• To provide you with information, products or services that you request from us.
• To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us.
• To improve the Website and App and their contents.
• As necessary or appropriate to protect the rights, property or safety of us, our customers, employees, or others.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your personal information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

 

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

 

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

 

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

 

Category A: Identifiers.
Category B: California Customer Records.
Category C: Protected classification characteristics under California or federal law.

Category D: Commercial Information.

Category F: Internet or other similar network activity.

 

We disclose your personal information for a business purpose to the following categories of third parties:

• Our affiliates.
• Service providers.
• Third parties to whom you or your representative authorize us to disclose your personal information in connection with products or services we provide to you.

 

In the preceding twelve (12) months, we have not sold any personal information.

 

Your Rights and Choices

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

 

Access to Specific Information and Data Portability Rights

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

 

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

              sales, identifying the personal information categories that each category of recipient purchased; and

              disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

 

Deletion Request Rights

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

 

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

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
5. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
6. Comply with a legal obligation.
7. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

 

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us in accordance with Section 14 below.

 

Only you may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

 

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

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

 

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

 

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

 

We do not charge a fee to process or respond to your 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 we made that decision and provide you with a cost estimate before completing your request.

 

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

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

 

14. Contact Us  

Wushiland Boba welcomes your questions or comments regarding this Privacy Policy:

Wushiland Boba

Legal Department

10601 Tierrasanta Blvd., Ste G330

San Diego, CA 92124
Email: [email protected]