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Terms and Conditions

NAME THAT FLAVOUR CONTEST TERMS AND CONDITIONS: August 17,2015

Schedule to Conditions of Entry:

Promotion Name:                 The Orange Leaf New Flavor Contest

Promoter:                              Orange Leaf Franchising Australia Pty Ltd (ACN 153 681 120)

                                              P.O. Box 2072, Mildura, VIC 3502, in cooperation with Orange Leaf Holdings LLC, 14201 Caliber Dr., Suite 200, Oklahoma City, OK 74134 USA

 

Social media pages:             www.orangeleafyogurt.com.au, Orange Leaf Australia Facebook.

 

Promotion type:                    Game of skill

 

Promotion period:                Starts: August 17, 2015 at 12:00:01 a.m.

                                             Ends:  August 28, 2015 at 11:59:59_p.m.

 

Method of entry: 
To enter the promotion, entrants must submit a proposed name via a Wufoo link on the Orange Leaf Australia Facebook page.  Entrants must provide the proposed name, as well as their own name, address, email address, the location of the Orange Leaf store they usually visit and date of birth.  In addition, each entry must be accompanied by a statement, in 25 words or fewer, why the entrant suggested the proposed name.

 

Judging criteria:                   
An entry consists of the proposed name and the 25 words or fewer statement supporting the proposed name.  Entries will be judged on individual creativity and originality by a panel of judges comprised of franchise owners in Australia as well as Orange Leaf Holdings (US) marketing personnel.

 

Judging details:                   
The judges will review all entries and select their top 5 favourite submissions.  The judges will then select a provisional winner from the top 5 favourites.  The winner will be announced August 31, 2015.

 

Entry eligibility:                     
Australian residents aged 18 years and over; and not an employee or immediate family of the Promoter or its affiliate companies, agencies or anyone connected with the Promotion; and compliance with these Conditions of Entry and Orange Leaf Australia general promotion Terms and Conditions.

 

                                                VOID WHERE PROHIBITED BY LAW OR REGULATION.

 

Maximum number of entries:          
Unlimited, but each entry must be unique.

Prize:                                      
One year of free Orange Leaf Frozen Yogurt.  (Two Hundred Sixty Dollars ($260) in $5/week coupons).

Prize restrictions:                
Non-transferable.  May not be redeemed for cash.  May not be duplicated.  Prize cards will be dated, with one $5 card per week usable at an Orange Leaf Frozen Yogurt Store of the winner’s choice.

Total prize pool:                  
$260.00

Notification and publication of winners:  
The provisional winner will be notified by email within 1 day of selection by the judges.  The provision winner must sign an affidavit of eligibility release and liability waiver with 3 days of notification in order to be declared the final winner.

Prize delivery:                       
The prizes will be delivered via postal service.

Other conditions:                
Entrants must be at least 18 years of age. 

The judges’ top 5 favourite submissions will each be assessed for potential trademark infringement in Australia and the United States.  If any of these are determined to be confusingly similar to a current registered or common law mark, in the sole opinion of the Promoter, it will be disqualified.       

The winning proposed name will be used to promote the Orange Leaf flavor in all Australian Orange Leaf stores from September 7 through September 27, 2015.  The winner must assign, license or otherwise grant Orange Leaf exclusive rights to use their submitted names during this time and thereafter.

All entries become the property of the Promoter.

STANDARD TERMS AND CONDITIONS

Information on how to enter and prizes form part of these Conditions of Entry. By entering this Promotion, you accept these Conditions of Entry and the Schedule.

All references to times and dates are to times and dates in Melbourne, which may be Australian Eastern Standard Time (“AEST”)_or Australian Eastern Daylight Time (“AEDT”) depending on the date.

Any capitalized terms used in these Conditions of Entry have the same meaning as the Schedule, unless otherwise stated.  All references to dollars or “$” are references to Australian dollars.

The Promotion is a game of skill, and chance plays no part in the selection of the winner.  All valid entries will be judged on their creativity, promotional value for Orange Leaf, and originality by a panel of judges appointed by the Promoter.  The judges will select the top 5 favourites and from these the winner.

The provisional winner will be contacted via email.  Promoter will then provide the provisional winner with the required documents and request the provisional winner to review, sign and return them in the specified time.

If the provisional winner fails to satisfy any or all of the Conditions of Entry of the Promotion, the Promoter may choose to award the Prize to the next entrant in the Top 5 list.  Once a provisional winner’s entry is verified under these Conditions of Entry, the Prize will be delivered to the address provided by the winner.

If a Prize is unavailable for any reason beyond the reasonable control of the Promoter, the Promoter may offer an alternative prize of equal value and specification.

It is a condition of accepting a Prize that the winner must comply with all of the conditions of use for the Prize, and the Prize supplier’s requirements, if any.

If for any reason the conduct or operation of the Promotion is interfered with or disrupted in any way by a cause outside the reasonable control of the Promoter (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, tampering, computer bugs or viruses or technical failures), the Promoter reserves the rights to withdraw, cancel, terminate, modify or suspend or recommence the Promotion.

You warrant and agree your entry will:

  1. Comply with the terms and conditions of Facebook and Wufoo;
  2. Comply with all applicable laws and regulations, including, without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others’ computer or communications systems;
  3. Be your original and sole work and not based in whole or in part on or copied from the work of any other person or entity;
  4. Not have been previously published or accepted for publication;
  5. Not advertise or promote any goods or services;
  6. Not contain any material which the entrant does not have permission to use;
  1.  Not contain any material which the entrant does not have permission to use;
  2. Not contain any viruses or any other components with harmful or contaminating effects on the Facebook page, or any other social media page, or any equipment connected to any such social media page;
  3. Acquire permission to use the entry involving any other person apart from the entrant; and
  4. Not contain or link to any:
    1. pornography, sexually explicit, obscene or indecent content;
    2. reference to dangerous or illegal acts or contain any instructions that if followed could be injurious to the reader;
    3. violence;
    4. private or confidential information or reveal personal information belonging to others or other sensitive information;
    5. unlawful, harmful, threatening, harassing, defamatory, libelous, tortuous, misleading or any otherwise objectionable content; and/or
    6. "hate speech" intended to stereotype a particular gender, sexual orientation, race or religion.

Without limiting any other terms herein, you hereby indemnify the Promoter for a breach of any warranty contained within these Conditions of Entry, including those set out above.

This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. By participating in the Promotion, entrants release Facebook from any liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any person in connection with the Promotion or Prize.

If you tamper with, or subvert, the processes relating to participation in the Promotion, or may benefit from such tampering or subversion by any other person, the Promoter reserves the right in its sole discretion to disqualify you from the Promotion. The Promoter reserves the right to verify your details and request identification to establish your age or identity.

The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failures, theft or destruction or unauthorised access to, or alteration or non-receipt of an entrant’s communications. The Promoter is not responsible for any problems or technical malfunctions (such as problems with telephone networks or lines, computer systems or software or internet service providers) or any failure of any internet communication or telephone communication to be received by the Promoter (whether as a result of technical problems or traffic congestion on any carrier network, on the internet or at any website). To the full extent permitted by law, the Promoter is not liable for any injury or damage to any entrant’s (or any other person’s) computer or resulting from or otherwise relating to participation in this Promotion (including by downloading materials relating to this Promotion).

CAUTION: ANY ATTEMPT TO CAUSE DAMAGE TO ANY WEBSITE OR THE INFORMATION ON ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR TO OTHERWISE UNDERMINE THE FAIR AND LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE PROMOTER RESERVES THE RIGHT TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EVENT THAT ANY SUCH ATTEMPT IS MADE, WHETHER OR NOT THAT ATTEMPT RESULTS IN ANY SUCH DAMAGE, INTERFERENCE OR UNDERMINING.

Unless otherwise stipulated, rights to receive any Prize are not transferable or exchangeable and cannot be taken as cash.

All of the Promoter’s decisions are final and no correspondence will be entered into in respect of the judging criteria or any other aspect of the Promotion. The Promoter reserves the right not to select a winner for any or all of the prizes at its absolute discretion.

The Promoter accepts no responsibility for any tax liability incurred as a result of an entrant winning a Prize. Entrants should obtain independent tax and financial advice.

No responsibility is accepted for late, lost, or misdirected entries or submission by you.

The Promoter is not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilised in this Promotion which may occur in the course of the administration of this Promotion.

Any costs associated with accessing Facebook are your responsibility and are dependent on the internet service provider you use.

To the fullest extent permitted by law, the Promoter, its related companies and agencies and all those entities' personnel (the "Relevant Parties") exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any person in connection with the Promotion or Prize, including: (i) any indirect, economic or consequential loss; (ii) any loss arising from the negligence of a Relevant Party; (iii) any liability for personal injury or death. Nothing in these Conditions is intended to exclude, restrict or modify a person’s rights under the Competition and Consumer Act 2010 (Cth) (the “Non-Excludable Rights”).

The winner of the Prize consents to: (i) the Promoter using their name, likeness, image and/or voice (including any photograph, film and/or recording of the same) in any media worldwide for an unlimited period of time without remuneration for the purpose of promoting this Promotion, the Promoter; and (ii) the Promoter authorising its related companies and to do anything that the winner consents to the Promoter doing under this condition.

All entries become the property of the Promoter. Entrants' personal information will be collected by or on behalf of the Promoter to enable it to administer and promote the Promotion and the winner of the Promotion. The personal information of entrants may be provided to others assisting in the conduct of the Promotion, including the Promotion administrator, suppliers and deliverers, and to authorities that regulate the Promotion. Consumers may contact the Promoter by calling the toll free number +1 888 883 1004 or by emailing social@orangeleafyogurt.com to request access to, or corrections of, any of their collected personal information that is held by the Promoter. If an entrant does not provide accurate personal information, the Promoter may determine that they are not eligible to win a Prize. Visit www.orangeleafyogurt.com.au to view the Promoter’s privacy policy. Entrants acknowledge that their personal information may be supplied to organisations outside of Australia and they provide their consent for this to occur by participating in the Promotion.



The Orange Leaf Frozen Yogurt Australia Email Club Terms and Conditions

 

The following Orange Leaf Frozen Yogurt Australia Email Club agreement describes the terms and conditions that apply to your submission of your email address to Orange Leaf Australia. By providing us with your email address and joining the Email Club, you agree to the terms of this agreement.

 

Sponsor

The Email Club is sponsored by Orange Leaf Frozen Yogurt Australia under authorisation from Orange Leaf Holdings LLC, 14201 Caliber Dr., Suite 200, Oklahoma City, OK, USA 73134.  OrangeleafAustralia@orangeleafyogurt.com.

 

Promotions

From time-to-time, Orange Leaf Frozen Yogurt Australia and/or Orange Leaf Frozen Yogurt will run special promotions just for those who have joined the Email Club. You may be automatically entered into these promotions (1) if your Email Club registration information is correct and current at the time of the promotion and (2) if you are over the age of 18 at the start of the promotion. Please note, some promotions may be run for all stores. In that case, all registered holders may be, but are not necessarily, automatically entered. Some promotions may be for certain stores only or may have specific entry methods. Information on how to enter any promotion will always be available in the Terms and Conditions of each promotion. These promotions may involve the award of prizes to randomly drawn names of email subscribers.  We will let you know when we are planning to start a promotion by sending you an email at your registered email address. Full rules as well as Terms and Conditions for each promotion will be available at www.orangeleafyogurt.com.au/terms. You may withdraw from any promotion by following the instructions you will receive in the email notice of each promotion. Of course, if you want to participate in all of the promotions, be sure to keep your registration information current.

 

Registration, Liability for Unauthorised Transactions

Privacy Policy

For information concerning how we collect, use, and disclose information concerning the Email Club and how to select privacy preferences regarding certain promotional communications, you should refer to our privacy policy at http://orangeleafyogurt.com.au/rewards.

 

Changes to This Agreement

Orange Leaf Frozen Yogurt Australia may amend the terms of this agreement at any time, including any rights or obligations you or we may have. If you have registered for the Email Club, we will notify you of any change, addition, or deletion by email. In addition, we will post the terms to the modified agreement on our website at www.orangeleafyogurt.com.au/rewards. As permitted by applicable law, any change, addition, or deletion will become effective at the time we post the revised agreement to our website or as otherwise stated in our notice to you. You are deemed to accept the changes, additions, or deletions if you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice.

Cancellation of This Agreement

Orange Leaf Frozen Yogurt Australia may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, or a state or territory thereof, as applicable.

Tax Liability 

Orange Leaf Frozen Yogurt Australia will not be held responsible for any tax liability incurred by a consumer in connection with this program, including in relation to any reward, discount or entitlement offered.

 

Decisions: 

Orange Leaf's decisions in relation to all matters arising under this Program are final and binding, and no correspondence will be entered into.

 

Disclaimers and Limits of Liability

Orange Leaf Frozen Yogurt Australia and its affiliates make no representations, warranties, or conditions of any kind, express or implied, with respect to the Email Club, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Orange Leaf Frozen Yogurt Australia does not represent or warrant that your Email Club membership will always be functional.

 

In the event that Orange Leaf Frozen Yogurt Australia or its affiliates is found liable to you, you shall only be entitled to recover actual and direct damages, and such damages shall not exceed Five Dollars ($5). Orange Leaf Frozen Yogurt Australia and its affiliates shall have no liability for any incidental, indirect, or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorised representatives have been advised of the possibility of such damages.

 

In the event that the laws of any state or territory does not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such state or territory, our liability is limited to the greatest extent permitted by law.

Assignment

We may assign all or part of this agreement without such assignment being considered a change to the agreement and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.

Entire Agreement, Construction

This agreement is the complete and exclusive statement of agreement between you and Orange Leaf Frozen Yogurt Australia, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.

Inquiries or Questions

If you have any questions regarding this agreement or the Email Club, please email OunceBackAUS@orangeleafyogurt.com.


The Orange Leaf Frozen Yogurt Australia Rewards Card Program Terms and Conditions

 

The following Orange Leaf Frozen Yogurt Australia Rewards Card agreement describes the terms and conditions that apply to the account of your Orange Leaf Frozen Yogurt Australia Rewards Card (the “Rewards Card”). By using your Rewards Card, you agree to the terms of this agreement.

 

Sponsor

This loyalty program is sponsored by Orange Leaf Frozen Yogurt Australia under authorisation from Orange Leaf Holdings LLC, 14201 Caliber Dr., Suite 200, Oklahoma City, OK, USA 73134.  OrangeleafAustralia@orangeleafyogurt.com.]

 

What Do I Get?

Every time you visit your local Orange Leaf and purchase a frozen yogurt cup or frozen yogurt product, you will get one punch or stamp on your Rewards Card.  When you have 10 punches or stamps, you get up to [300] grams off the price of your next purchase.

  • Every 1  visit in which you purchase a frozen yogurt cup or frozen yogurt product = 1 punch or stamp
  • Every 10 visits = Free froyo up to 300 grams on your next visit
  •  Sign up for our Email Club at www.orangeleafyogurt.com/rewards to get the latest on all our Orange Leaf Frozen Yogurt Australia promotions!
  • Contact ouncebackAUS@orangeleafyogurt.com if you have any questions.

 

How Do I Use my Rewards Card?

  • Present your Rewards Card to the cashier with every cup of frozen yogurt or frozen yogurt product purchase. After you have paid, the cashier will ask you for your Rewards Card  to stamp or punch.
  • You will receive one stamp/punch per purchase.

 

Fees and Expiration of Card

Orange Leaf Frozen Yogurt Australia does not charge any fees for the issuance or use of the Rewards Card. Your Rewards Card has no expiry date.

 

Changes to This Agreement

Orange Leaf Frozen Yogurt Australia may amend the terms of this agreement at any time, including any rights or obligations you or we may have. If you have registered for the Email Club, we will notify you of any change, addition, or deletion by email. In addition, we will post the terms to the modified agreement on our website at www.orangeleafyogurt.com.au/rewards. As permitted by applicable law, any change, addition, or deletion will become effective at the time we post the revised agreement to our website or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Rewards Cards. You are deemed to accept the changes, additions, or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use your Rewards Card after such notice period. If you do not accept the changes, additions or deletions, your Rewards Card will be cancelled and no credit will be given of accrued punches or stamps..

Cancellation of This Agreement

Orange Leaf Frozen Yogurt Australia may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, or a state or territory thereof, as applicable.

Lost or stolen card

Orange Leaf Frozen Yogurt Australia cannot be responsible for any lost or stolen cards.   Orange Leaf Frozen Yogurt Australia reserves the right not to accept a Rewards Card should we believe that the use is unauthorised, fraudulent or otherwise unlawful.

Tax Liability 

Orange Leaf Frozen Yogurt Australia will not be held responsible for any tax liability incurred by a consumer in connection with this program, including in relation to any reward, discount or entitlement offered.

 

Decisions: 

Orange Leaf's decisions in relation to all matters arising under this Program are final and binding, and no correspondence will be entered into.

 

Disclaimers and Limits of Liability

Orange Leaf Frozen Yogurt Australia and its affiliates make no representations, warranties, or conditions of any kind, express or implied, with respect to the Rewards Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Orange Leaf Frozen Yogurt Australia does not represent or warrant that your Rewards Card will always be accessible or accepted.

 

In the event that Orange Leaf Frozen Yogurt Australia or its affiliates is found liable to you, you shall only be entitled to recover actual and direct damages, and such damages shall not exceed the maximum value of one Rewards Card with 10 punches and/or stamps. Orange Leaf Frozen Yogurt Australia and its affiliates shall have no liability for any incidental, indirect, or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorised representatives have been advised of the possibility of such damages. In no event shall Orange Leaf Frozen Yogurt Australia or its affiliates have any liability for unauthorised access to, or alteration, theft or destruction of a Rewards Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.

 

In the event that the laws of any state or territory does not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such state or territory, our liability is limited to the greatest extent permitted by law.

Assignment

We may assign all or part of this agreement without such assignment being considered a change to the agreement and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.

Entire Agreement, Construction

This agreement is the complete and exclusive statement of agreement between you and Orange Leaf Frozen Yogurt Australia, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.

Inquiries or Questions

If you have any questions regarding this agreement or your Rewards Card, please email OunceBackAUS@orangeleafyogurt.com

 


 

Privacy Policy

 

  1. Scope

 

This Privacy Policy, together with the Privacy Act 1988 (Cth) (“Privacy Act”) and the Australian Privacy Principles contained within Schedule 1 of the Privacy Act (“Australian Privacy Principles”), applies to the collection, use and storage of personal information collected by Orange Leaf Australia  ("Orange Leaf Australia”), including information collected via the website located at  www.orangeleafyogurt.com.au (“the Website”) .

To comply with the Privacy Act of 1988, please be aware that information you submit to Orange Leaf Australia is collected, used and stored by Orange Leaf Holdings LLC, the parent company of Orange Leaf Australia.  Orange Leaf Holdings is responsible for compliance with the Privacy Act and will, as needed, respond to any inquiries and complaints about information you may provide to this site.

 

To be clear, all information you provide to Orange Leaf Australia is sent overseas to Orange Leaf Holdings in the United States of America. If you have any complaints about privacy regarding Orange Leaf Australia, or if you would like to make an inquiry about our privacy practices, please contact:

 

Orange Leaf Holdings, LLC

14201 Caliber Dr., Suite 200

Oklahoma City, OK 73134.

 

Phone:  +1 888.883.1004

 

Email:  OunceBackAUS@orangeleafyogurt.com________________

 

The Website contains links to other (third party) sites. Please be aware that Orange Leaf Australia is neither responsible nor liable for the privacy practices or lack of such practices of such other sites. We want our users to be aware of this when they leave our Website to visit linked sites. We encourage our users to read the privacy policies of each and every site that collects personally identifiable information. This privacy statement applies solely to information collected by and/or through the Website.

 

Orange Leaf Holdings maintains a phone App which is accessible in Australia.  However, the features of the App are not currently set for Australia.  If you choose to download the App, please be aware that all features are set for the United States.

 

  1. Collection and use of personal information

 

a)       Registration for Orange Leaf Emails, Surveys, Contests, Sweepstakes, and Promotions

 

Registration information (generally including your name, email, birthday and any other personal information you input into the Website) is collected and used by Orange Leaf Australia for billing, shipping, and to contact users about services on the Website, such as Orange Leaf Australia sweepstakes, contests, and other special offers or promotions. 

b)      Log Files

 

We use Internet Protocol ("IP") addresses to analyse trends, administer the sites, track a user's movement, and gather broad demographic information for aggregate use. IP addresses may or may not be linked to personally identifiable information.

c)       Social Media Content

 

From time to time Orange Leaf Australia may incorporate and display content from social media sites on the Website (“Social Media Content”).  The Social Medial Content may include text, images and video.  As an example, Orange Leaf Australia may display tweets from Twitter (including tweets containing images and video), Facebook posts, images and video, and images and video from Instagram as well as other social media and networking sites.  Orange Leaf Australia may also create and encourage the general public to use hashtags (#) to identify, sort and categorize material on social media sites such as Instagram, Facebook and Twitter.  Material marked with a hashtag created by Orange Leaf Australia may be displayed on the Website.  

 

Orange Leaf Australia aggregates and displays only Social Media Content that is publicly available.  The Social Media Content is generated on third-party web sites over which Orange Leaf Australia has no control.  Orange Leaf Australia is neither responsible nor liable for the privacy practices or lack of such practices from such other sites.  It is possible that materials you post on social media sites may end up on the Website (or an associated Orange Leaf Australia website) and may be further re-posted to another social media site.  Neither you nor Orange Leaf Australia can control this further re-posting.

 

If you do not want your posts, images or videos to be posted on the Website (or an associated Orange Leaf Australia website), do not associate any Orange Leaf Australia hashtag with your posts, images or videos.  By using or associating any of your social media posts, images or videos with any Orange Leaf Australia hashtag, you give consent for Orange Leaf Australia to repost your materials on the Website (or an associated Orange Leaf Australia website).

d)      Social Media Widgets

 

The Website includes social media features, such as the Facebook “Like” button and Widgets, and “Share” button and interactive mini-programs that run on the Website. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on the Website. Your interactions with these features are governed by the privacy policy of the company providing it.

e)       Surveys, Contests, Sweepstakes, and Promotions

 

From time to time, we may request personal information from users of the Website in connection with surveys, contests, sweepstakes, or promotions. Participation in these surveys, contests, sweepstakes, or promotions is completely voluntary. The user has a choice whether to disclose any personal information by answering the surveys, entering the contests or sweepstakes, or participating in the promotions. Personal information requested may include contact information (such as user's name, email address and/or mailing address) and demographic information (such as post code and age level). Personal information will be used to notify the winners and award prizes or may be used as stated at the time the personal information is collected. Survey information will be used for purposes of monitoring or improving the use and services offered by the Website.

 

You may, of course, decline to submit personally identifiable information through the Service, in which case Orange Leaf Australia may not be able to provide certain services to you.  You may also use a pseudonym, but this may also limit your ability to participate in some promotions or other offerings.  You may update or correct your account information at any time by emailing OunceBackAUS@orangeleafyogurt.com account.  

 

If we receive personal information from any person that was not solicited by Orange Leaf Australia, we will delete that information within a reasonable time period.

 

  1. Security

 

We take appropriate precautions on the Website to protect personal information. Personal information collected by us on the Website is maintained and secured in the offices of Orange Leaf Holdings in the United States. Only employees who need the information to perform a specific job (for example, marketing professional or a database specialist) are granted access to personally identifiable information. Employees are kept up-to-date on our security and privacy practices. Periodically, as well as any time new policies are added, our employees are reminded about the importance we place on privacy and are instructed regarding our policies and procedures for proper use and safeguarding of our users' personal information. Finally, the servers that we use to store personally identifiable information are kept in a secure environment.

  1. Disclosure

We may share aggregated demographic information with our franchisees or business associates. This information is not linked to any personal information that can identify any individual person. We may use an outside fulfillment company, but it does not retain, share, store, or use personally identifiable information for any secondary purposes. We may use or require the assistance of another party to provide specific services. When a user signs up for these services, we will share names or other contact information that is necessary for the other party to provide these services. These other parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Processing payment transactions requires that we share your personal information with third parties, including but not limited to:

  • Service providers who provide us a range of essential operational services, including fraud prevention, transaction processing, collections, direct marketing, and managed technology services. Our contracts dictate that these service providers use your personal information only in connection with the services they perform for us and not for their own benefit.

•  Financial institutions that allow us to offer you payment processing services, and partner with us to develop new offerings for you and other Orange Leaf Australia members.

•  Law enforcement authorities or government representatives who may require us to share information in order to comply with court orders and other legal mandates, or when we believe that disclosure is necessary to report suspicious activities, prevent physical harm, financial loss, or violations of our agreements and policies.

•   Other third parties, subject to your prior consent or direction.

As we develop our business, we may buy or sell assets or business offerings.  Customer, transaction, email, and visitor information are generally some of the transferred business assets in these types of transactions.  We may also transfer such information in the course of corporate divestitures, mergers, or dissolution.

[In some instances, personal information may be transferred to third party suppliers, including those based in foreign jurisdictions where such disclosure is necessary for the optimal operation of the business, the Website and/or the delivery of goods/services to you. Orange Leaf Australia and Orange Leaf Holdings take reasonable steps to ensure any personal information transferred to a foreign jurisdiction will not be held, used or disclosed by the recipient of that information inconsistently with the Australian Privacy Principles.]

Except as described above, Orange Leaf Australia will not disclose personal information to any third party unless required to do so by law or subpoena or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and (c) to exercise or protect the rights, property, or personal safety of Orange Leaf Australia, our users or others.

  1. Direct marketing

 

Email subscribers may occasionally receive information on products, services, or special offers. Out of respect for the privacy of our users, we present the option to subscribers to avoid receiving these types of communications. Please see our Choice and Opt-out section below.

 

  1. Service & Site Updates

 

We send registered users site and service announcement updates, such as the launch of new products, promotions or new sections or features added to the Website. We communicate with registered users to provide requested services and to respond to various inquiries and issues using e-mail or direct mail. Out of respect for the privacy of our users, we present the option to registered users to avoid receiving these types of communications. Please see our Choice and Opt-out section below.

 

  1. Choice and Opt-out

 

Email Subscribers who no longer wish to receive promotional materials or updates from us or our business associates may opt-out to avoid receiving these communications by following the unsubscribe instructions contained within each communication. Subscribers have the opportunity to opt-out of receiving special promotions and offers, or from involvement in focus groups, or may request that their personal information be removed completely from the Website section and list.  To opt-out, simply contact us through Orange Leaf Holdings at the address, email address or phone number above (or in section 9 below).

  1. Children

 

Orange Leaf Australia is very sensitive to children's privacy issues and does not associate cookie data with personal information about children. Orange Leaf Australia encourages parents and guardians to supervise their children's online activities and consider using parental control tools available from online services and software manufacturers. These tools can prevent children from disclosing their name, address, and other personal information online without parental consent. It is Orange Leaf Australia's policy that visitors under 13 years of age should not submit any information on the Website without parental consent.

 

  1. Contact Us

 

If you have any questions, comments or concerns regarding this Privacy Policy or Orange Leaf Australia practices please contact us at:

 

Orange Leaf Holdings, LLC

14201 Caliber Dr., Suite 200

Oklahoma City, OK 73134

 

Phone:  +1 888.883.1004 ___________

 

Email:  OunceBackAUS@orangeleafyogurt.com_________________

 

This privacy statement is effective as of 7/2014

 

If you do not consent to Orange Leaf Australia collecting, using and storing your personal information, or you would prefer to remain anonymous, you can contact us to opt-out.

 

If you wish to make a complaint against Orange Leaf Australia for a breach of the Australian Privacy Principles, you can raise the complaint by contacting us at the address, email address or phone number above. We will endeavour to respond to you within a reasonable period.

 

  1. Notification of Changes

 

We will use private information in accordance with the privacy policy under which the information was collected. If we change our Privacy Policy, we will post those changes on the Website so that our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we will disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by e-mail. Users will have a choice whether we may use their information in this different manner.

  1. Cookies

 

A cookie is a piece of data stored on the user's hard drive containing information about the user. Our use of a cookie is in no way linked to any personally identifiable information while on our sites. Once the user closes his or her browser, the cookie simply terminates. If a user rejects the cookie, he or she may still use our sites. Cookies enable us to track and target the interests of our users to enhance the experience on our sites. Some of our business associates, for example advertisers, may use cookies on our sites. However, we have no access to or control over those cookies. Therefore, Orange Leaf Australia and its affiliated entities will not be liable for any damages, injuries, costs, expenses, or privacy issues of any kind directly or indirectly related to our business associates' use of such cookies.12.          Compromise of Personal Information

 

In the event that personal information is compromised as a result of a breach of security, Orange Leaf Australia or Orange Leaf Holdings, as applicable, will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Privacy Policy, by email, or as otherwise required by applicable law.