As mentioned, Oakberry may offer loyalty programs or other promotional incentives that provide benefits to consumers in exchange for collecting or retaining personal information. For example, Oakberry Rewards is a program where customers can earn points on purchases and redeem them for discounts or free items. To administer this program, we must collect and retain certain personal information, such as your name, contact information, and purchase history. Because these programs involve a value exchange (personal data for rewards), privacy laws like the CCPA/CPRA require us to make certain disclosures and, in some cases, obtain your consent.
Notice of Financial Incentive (California): If you are a California consumer and you join an Oakberry loyalty or rewards program, the CCPA/CPRA considers this a “financial incentive” program. California law requires that we provide you with a Notice of Financial Incentive at the point of data collection, explaining the material terms of the incentive in clear language. This notice will describe, for example, what data you need to provide (e.g. your email and purchase history), the benefits you will receive (e.g. a discount or free item), and how you can opt out of the program. Importantly, California requires that participation in such programs be opt-in (we will only include you if you affirmatively sign up), and that we inform you that you may withdraw at any time without penalty. The law also asks that we explain, in a general way, how the value of the incentive is reasonably related to the value of the data you provide. Oakberry assesses the value of your personal data based on the expense related to providing the program (for instance, the approximate additional sales generated by loyalty members versus the cost of rewards given). We value our customers’ trust and provide loyalty benefits in good faith to thank you for your patronage.
If you do not agree to the terms in the Notice of Financial Incentive, you should refrain from joining the program or you may opt out (unsubscribe) from the program at any time. Opting out of the loyalty program will stop any further collection of new data for the program and you will forfeit unused rewards, but we will retain past data as required for accounting and to prevent fraud, or as required by law.
Data Practices in Loyalty Programs: The personal information collected through Oakberry Rewards or similar programs will be used only as described in the program terms and this Privacy Policy. Typically, we (and our service provider running the program) use your data to track your purchases, allocate points, inform you of rewards, and tailor offers. We may also analyze loyalty members’ purchase trends to help with product development and marketing strategies (for example, if many members in a region redeem rewards for a certain new topping, we know it’s popular). We do not sell loyalty program data to third parties, and we do not share it with anyone except service providers and, if applicable, the Oakberry franchise location you frequent for purposes of awarding your points or delivering your benefits.
If you request deletion of your data (see Your Privacy Rights below), please note that deleting certain data may mean we can no longer verify your eligibility for rewards; in such cases, deletion may require that we close your loyalty account. California and other states allow businesses to offer a different price or service level if it is part of a voluntary loyalty program, as long as the difference is reasonably related to the value of the consumer’s data and users have given informed consent. Oakberry’s incentives (like a free bowl after 10 purchases) are designed to comply with these rules. We will never discriminate against you for exercising privacy rights (no denying service or charging higher prices), except that if you ask us to delete or stop selling/sharing your data, we may not be able to provide benefits that rely on that data (for example, we can’t award points on past purchases if those records are deleted).
Virginia and Colorado Loyalty Requirements: Other states also have provisions regarding loyalty programs. For instance, the Colorado Privacy Act has specific rules for bona fide loyalty programs, including requirements to disclose what data is collected and how third parties are involved, and it does not require opt-in consent (Colorado residents are opted in by joining, and can opt out by leaving the program). Virginia’s law similarly permits loyalty programs but requires that if you exercise your privacy rights (like opting out of sale or requesting deletion), we cannot refuse you the loyalty benefits unless the data at issue is necessary for the program. Oakberry’s policy is to follow all such requirements. This means, for example, if a Virginia customer in our loyalty program requests deletion of their data, we will either (a) delete the data and inform them that this will terminate their participation in the program (since we can’t run it without their data), or (b) offer an alternative solution allowed by law. We also provide a way for you to appeal any decision we make regarding your loyalty data (see Exercising Your Rights below, which applies to loyalty programs as well).
In summary, our loyalty and incentive programs are fully optional. We will give you required details upfront and obtain any necessary consent. You can withdraw at any time. We will not penalize you for opting out – you will simply miss out on the promotional benefits on a going-forward basis, which is the standard consequence of not participating. We view these programs as a win-win: you get rewards and personalized perks, and we get to build a stronger relationship with our customers. We are committed to running these programs in a transparent, fair, and privacy-conscious manner.