DUTCH BROS PRIVACY POLICY

Last updated: January 1, 2023

This Privacy Policy ("Policy"), is a legally binding agreement between you ("you," "your," or "user") and Dutch Mafia, LLC and its respective subsidiaries and affiliated companies (collectively, "Dutch Bros," "we," "our," or "us"). This Policy describes how we collect, use, and disclose personally, and non- personally, identifiable information of our customers, visitors, employees, officers, and users of our websites, mobile applications, and any other websites, mobile applications, and online services operated by Dutch Bros that reference or link to this Policy, including, without limitation, dutchbros.com and shop.dutchbros.com (collectively, the "Services"). This Policy applies to our Services regardless of how you access or use them.

PLEASE REVIEW THIS POLICY CAREFULLY. BY USING THE SERVICES, YOU ARE ACCEPTING THE TERMS OF THIS POLICY AND OUR TERMS OF SERVICE, AND YOU ARE CONSENTING TO OUR COLLECTION, USE, DISCLOSURE, AND PROTECTION OF YOUR INFORMATION AS DESCRIBED IN THIS POLICY. THIS POLICY IS INCORPORATED INTO AND MADE A PART OF OUR TERMS OF SERVICE. IN ADDITION, YOUR CONTINUED USE OF OUR SERVICES CONSTITUTES CONTINUED ACCEPTANCE OF THE SAME. IF YOU DO NOT AGREE WITH ANY PART OF THIS POLICY OR OUR TERMS OF SERVICE, DO NOT USE ANY OF OUR SERVICES.

This Policy does not apply to information that you may submit to us offline or to third-party (including Dutch Bros franchisees') websites or mobile applications that may link to the Services or be linked to on the Services. We are not responsible for the actions or privacy practices of third-party websites and applications; please consult those websites and applications directly to understand their privacy practices.

California Residents: see additional Policy terms here.

Table of Contents

INFORMATION WE COLLECT

We collect, process, and retain information from you and any devices that you may use when you use, access, or interact with our Services, and in other ways described below.

HOW WE COLLECT INFORMATION

Information You Give Us: We receive and store personal information you enter on our Services or give us in any other way, including, without limitation, your name, mailing address, phone number, date of birth, and email address.

Information We Automatically Collect: We collect usage data information about your use of our Services, such as the purchases you make, the pages you view, and other interactions you have. We receive and store certain types of information whenever you interact with our Services. Our Services use "cookies," tagging, and other tracking technologies to help enable you to shop on our Services, and to enable us to enhance or personalize your online browsing and shopping experience.

Information From Social Media: When you interact with us or our Services on a social media platform, we may collect the personal information that you make available to us on that page, including your account ID or username and other information included in your posts.

Location Information: When you visit our Services, we may receive location data. Location data allows us to provide location-based services, such as advertising, search results, remote order and payment, and other personalized services. If you would like to opt out of our collection of, and access to, specific location information (including, without limitation, GPS data and/or latitude and longitude data) then you may adjust the permissions in your device. For more information, please see the section below titled "Location Tracking."

Information from Children: We do not knowingly collect personal information online from children under the age of 13. Our services are not intended for use by children under the age of 13. If you are a parent or legal guardian and believe we may have inadvertently collected information from your child, please contact us as described in the "Contact Us" section below. If we learn that we have inadvertently collected the personal information of a child under 13 we will take steps to delete the information.

HOW WE USE YOUR INFORMATION

We use your information to help us personalize and continually improve your experience on our Services, including fulfilling your orders and requests for information, analyzing and compiling trends and statistics, and communicating with you.

We may also use your information for the following purposes:

  • Providing information or services you requested, such as creating a Dutch Bros account or subscribing to programs we offer;
  • Communicating with you about our products, services, offers, events, and promotions via newsletter, email, text, or other medium;
  • Processing and fulfilling transactions, such as product purchase, and facilitating shipments;
  • Sharing the first name associated with an order, tip, or shared reward;
  • Providing customer support;
  • Gathering customer feedback about our products, services, programs, and franchisees;
  • Administering contests, sweepstakes, promotions, surveys, and community activities;
  • Complying with applicable legal requirements, industry standards, and our policies, or enforcing compliance with those requirements;
  • Providing customized content based on your use of our Services, your preferences, and/or your location, depending on the type of information you have chosen to provide to us;
  • Optimizing and improving our Services, products, and operations;
  • Detecting, investigating, and preventing activities that may violate our policies or be fraudulent or illegal; and
  • Performing statistical, demographic, and marketing analysis of users of our Services and their usage patterns.

We may use the information collected from one portion of our Services on other portions of our Services, and we may combine information gathered from multiple portions of our Services into a single record. We may also use or combine information that we collect offline or receive from third-party sources for many reasons, including to enhance, expand, and check the accuracy of our records. Additionally, information collected from a particular browser or device may be used with another computer or device that is linked to the browser or device on which such information was collected.

HOW WE SHARE YOUR INFORMATION WITH OTHERS

We share your personal information as described below. In addition, we also share information that does not specifically and personally identify you, such as aggregate information, device identifiers or other unique identifiers.

Service Providers: We engage third parties who perform functions on our behalf such as: service providers that host or operate our Services, payment processors, website hosting, content syndication, content management, marketing, analytics, data processing or other information technology services, and customer service. For example, we use third parties to process payments made to us and assist with product fulfillment, returns, and other operations. These third parties may have access to your Personal Information when needed to perform their functions.

With Your Permission: From time to time, we may get your permission to share your personal information with third parties. By participating in the sharing activity, you give us permission to share the applicable information. For example, your first name is shared when you place an order, add a tip via our app, or when you share a Dutch Reward with a friend.

Business Partners:  We may share information that personally identifies you with third parties who provide products and services that we think you may be interested in.

Sale, Assignment, or Change of Control: We may change our ownership or corporate organization while providing the Services. We may transfer to another entity or its affiliates or service providers some or all information about you in connection with, or during negotiations of, any merger, acquisition, sale of assets or any line of business, change in ownership control, or financing transaction. Under such circumstances, we will request the acquiring party to follow the practices described in this Policy with respect to previously collected information. Nevertheless, we cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Policy.

Law Enforcement, Legal Process, and Emergency Situations: We may also use or disclose your personal information if required to do so by law or on the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or our Services, (b) protect and defend our rights or property, our Services, or our users, or (c) act to protect the personal safety of us, users of our Services, or the public.

YOUR CHOICES ABOUT HOW YOUR INFORMATION IS USED

In many instances, you have choices about the information you provide and how we use your information. These choices, and any related consequences, are described in detail below.

Marketing Emails: When you create an account through our Services and sign up for certain communications, you are required to provide us with an accurate email address through which we may contact you. Such account registrations or requests through our Services constitute your express acknowledgment that we may use your email address to communicate with you about product offerings from us. If you created an account through our mobile application, then you will have the option to receive promotional and other marketing emails from us. While you cannot opt-out of receiving notifications and other communications regarding your account or your transactions, you can opt-out of receiving promotional and other marketing emails from us by: (1) unchecking, at the time of creating an account on our Services, the box that functions as your consent to receive these marketing e-mails, (2) using the "unsubscribe" feature in our marketing emails or (3) contacting [email protected].

Where our mobile applications allow for the delivery of "push notifications," you can also opt out of receiving these notifications by going into your mobile device settings and toggling the "Notifications" switch within our mobile application to "off". Opting out of "push notifications" on your mobile device will not affect your settings with respect to promotional and other marketing emails.

If you do opt out of receiving marketing communications from us, we will still send communications to you about your transactions, any accounts you have with us, and any contests, competitions, prize draws, promotions, or sweepstakes you have entered. Opting out of one form of communication does not mean you've opted out of other forms as well. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you've opted in to receiving them.

Marketing Text Messages Dutch Bros Short Code Messaging Program is subject to the terms set forth in our Terms of Service. When you opt-in to this program, we will not share your telephone number with third parties for them to send you marketing text messages unrelated to Dutch Bros.

Location Tracking: Most mobile devices allow you to control or disable the use of precise location services by any application on your mobile device through the device's settings menu. However, in order to use certain mobile application functionality, such as mobile order and payment and other location-based services and technology requiring location data, you must either (1) enable "location services" in our mobile application, or (2) set the permissions in your mobile device to allow communication of this location data information. Some services or features may not function properly without this location information.

Additional choices for residents of California and Virginia are described below in the nformation for California and Virginia Residents sections.

COOKIES, TRACKING TECHNOLOGIES, AND INTEREST-BASED ADVERTISING

Like many online services, we use tracking technologies such as cookies, web beacons, and similar technologies to record your preferences, and track the use of our Services. We may also use these technologies to monitor traffic, improve our Services, and make it easier to use and more relevant.

We work with third party advertising companies who also use these tracking tools to provide advertisements on our Services or other websites. These third parties may use these technologies to collect information about you when you use our Services. They may collect information about your online activities over time and across different websites and other online services. They may also use persistent identifiers to track your Internet usage across other websites in their networks beyond our Services. They may use this information to provide you with interest-based advertising or other targeted content. While we do not knowingly provide these entities with information that personally identifies you, such third parties may, with sufficient data from other sources, be able to personally identify you, unknown to us.

Some content or applications in our Services may be served by unaffiliated third parties. We do not control these third parties' tracking technologies or how they may be used. We are not responsible for the content or privacy practices on any website not operated by us to which our Services link or that link to our Services.

Your browser or device may include "Do Not Track" functionality. Our information collection and disclosure practices, and the choices that we provide to visitors, will continue to operate as described in this Policy, regardless of whether a Do Not Track signal is received.

You also have choices to limit some tracking mechanisms that collect information when you use our Services. Many web browsers automatically accept cookies, but you can usually modify your browser's setting to decline cookies if you prefer. If you choose to decline cookies, certain features of our Services, including the Services themselves, may not function properly or remain accessible to you. In addition, you may also render some web beacons unusable by rejecting or removing their associated cookies. Note that if you choose to remove cookies, you may remove opt-out cookies that affect your advertising preferences. To update your cookie preferences, visit Cookie Options. You may not opt-out of required cookies that are necessary for the operation of our Services.

We use Google Analytics, a web analytics service provided by Google, Inc., on our Services. Google Analytics uses cookies or other tracking technologies to help us analyze how users interact with and use our Services, compile reports on our Services' activity, and provide other services related to Services activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor, any referring website, and other information. Our Services do not use Google Analytics to gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google. To learn more about Google's partner services and to learn about its privacy policy and how to opt out of tracking of analytics by Google click here.

Many of the third-party advertisers that place tracking tools on our Services are members of programs that offer you additional choices regarding the collection and use of your information. You can learn more about the options available to limit these third parties' collection and use of your information by visiting the websites for the Network Advertising Initiative and the Digital Advertising Alliance, as well as the webpages for Facebook's ad preferences tool and privacy policy.

PRIVACY POLICY UPDATES

Dutch Bros may make changes to this Policy from time to time, and we will post any such changes to our Services and we will make the version immediately preceding this current Policy available upon request so that you can see what the changes are and when the changes occurred. If we make any material changes to this Policy, we will notify you by means of a notice on this website. Where required by applicable data protection laws, we will also seek your consent to any material changes that retroactively affects how we use your personal information that was collected under a prior version of this Policy. Your continued use of our Services following the posting of any changes constitutes your acceptance of the amended Policy. The amended Policy supersedes all previous versions.

HOW WE SECURE YOUR INFORMATION

Dutch Bros uses a variety of managerial, technical, and physical measures to protect the integrity and security of your information. These measures may vary based on the sensitivity of your information. However, no security precautions or systems can be completely secure. We cannot ensure or warrant the security of any information you transmit to Dutch Bros, and you do so at your own risk. We cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

You can help protect the privacy of your own information by using encryption and other techniques to prevent unauthorized interception of your Personal Information. You are responsible for the security of your information that you transmit to us or view, download, or otherwise access when using unencrypted, public, or otherwise unsecured networks.

OTHER IMPORTANT INFORMATION

Users Outside of the United States: If you use our Services outside of the United States, you understand and consent to the transfer of your Personal Information to, and the collection, processing, and storage of your Personal Information in, the United States and elsewhere. The laws in the United States regarding Personal Information may be different than the laws of your state or country.

INFORMATION FOR CALIFORNIA RESIDENTS

California law provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of "Personal Information," as well as rights to access and control Personal Information. The California Consumer Privacy Act ("CCPA") defines "Personal Information" to mean "information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household." Certain information we collect may be exempt from the CCPA. The terms of this section, including this definition of "Personal Information," only apply to California residents, regardless of whether you are a consumer or business contact. To the extent that we collect Personal Information that is subject to the CCPA, that information, our practices, and your rights are described below.

CALIFORNIA CONSUMERS' RIGHTS AND CHOICES

If you are a California resident, California law permits you to request Information regarding the:

  • Categories of Personal Information (as defined by applicable California law) collected, sold, shared, or disclosed by us;
  • Purposes for which categories of Personal Information collected by us are used or shared;
  • The categories of sources of information from which we collect Personal Information;
  • The categories of third parties with whom we share that Personal Information; and
  • Specific pieces of Personal Information we have collected about you, including the ability to export a copy.

In addition, if you are a California resident you may:

  • If we hold Personal Information that is not accurate, request that we correct this information;
  • Opt-out of the share of your Personal Information, in some circumstances;
  • Opt-in to certain financial incentive programs we may offer related to the collection, sale, or deletion of your Personal Information; and
  • Request deletion of your Personal Information that was collected directly from you by us and our service providers or contractors, in some circumstances.

You will not be discriminated against for exercising your rights under the California Consumer Privacy Act.

NOTICE OF FINANCIAL INCENTIVES

Financial Incentives, as defined under the CCPA, include programs, benefits, or other offerings, including payments to consumers as compensation, for the disclosure, deletion, or sale of Personal Information about them. Dutch Bros may offer certain promotional programs from time to time, as a financial incentive to consumers who allow us to retain and share their Personal Information. These incentives generally include complimentary or discounted products, and other special offers. We will only collect and add your Personal Information (defined below) to our promotional programs with your prior consent.

When exercising your rights under this Policy, if you select either the option to delete your data or opt-out of its sale, such elections will effectively prevent access to some of our Services, including, without limitation, your account, rewards program, promotional programs, or other Services that require the use of Personal Information ("Loyalty Programs"), except as necessary to complete any pending purchase transactions between you and Dutch Bros. Correspondingly, we, unfortunately, must treat such elections as a withdrawal from all of our companies' current Loyalty Programs, and your account for any Loyalty Programs will be terminated. The deletion of your data and the termination of any accounts does not prevent you from opting-in to future Loyalty Programs or the creation of a new Loyalty Programs account.

NOTICE OF COLLECTION OF PERSONAL INFORMATION FROM CALIFORNIA RESIDENTS

This Policy includes descriptions of our privacy practices, including the Personal Information we collect, the sources of that information, the purposes for which we collect the information, and whether we share that information with external parties.

We have listed below the categories of Personal Information we may have collected from California residents in the past 12 months based on how those categories are enumerated in the CCPA. Some of the categories include very different types of information and certain Personal Information may fall into multiple categories.  How we use and long we keep the information within each category will vary and not all types of information within the same category will be used for all the purposes listed.

California law also requires us to provide information regarding the criteria we use to determine the length of time for which we retain Personal Information. We use the following criteria: (1) the business purposes for which the information is used, and the length of time for which the information is required to achieve those purposes; (2) whether we are required to retain the information in order to comply with legal obligations or contractual commitments, or retention is otherwise necessary to protect our or others rights; and (3) the manner in which information is maintained in our systems and how best to manage the data in light of the volume and complexity of those systems. Individual pieces of Personal Information such as those listed below may exist in different systems that are used for different business or legal purposes. A different maximum retention period may apply to each use case of the information.

Category of Personal Information we may collect: Identifiers

Categories of sources from which we may obtain your "Identifiers" include: Directly from consumers, advertising networks, internet service providers, data analytics providers, social networks, data brokers, and other service providers and third parties.

The purposes for collecting your "Identifiers" include: to help us personalize and continually improve your experience on our Services, including fulfilling your orders and requests for information, analyzing and compiling trends and statistics, marketing and advertising, communicating with you, and for the other purposes identified above in our Policy.

Category of personal information we may collect: Additional Categories of Information Listed in the California Customer Records Statute

Categories of sources from which we may obtain your "Additional Categories of Information Listed in the California Customer Records Statute" include: Directly from consumers, advertising networks, internet service providers, data analytics providers, and other service providers and third parties.

The purposes of collecting your "Additional Categories of Information Listed in the California Customer Records Statute" include: to help us personalize and continually improve your experience on our Services, including fulfilling your orders and requests for information, analyzing and compiling trends and statistics, marketing and advertising, communicating with you, and for the other purposes identified above in our Policy.

Category of personal information we may collect: Commercial Information

Categories of sources from which we may obtain your "Commercial Information" include: Directly from consumers, advertising networks, internet service providers, data analytics providers, and other service providers and third parties.

The purposes for collecting your "Commercial Information" include: to help us personalize and continually improve your experience on our Services, including fulfilling your orders and requests for information, analyzing and compiling trends and statistics, marketing and advertising, communicating with you, and for the other purposes identified above in our Policy.

Category of personal information we may collect: Internet or Other Electronic Network Activity Information

Categories of sources from which we may obtain your "Internet or Other Electronic Network Activity Information" include: Directly from consumers, advertising networks, internet service providers, data analytics providers, and other service providers and third parties.

The purposes of collecting your "Internet or Other Electronic Network Activity Information" include: to help us personalize and continually improve your experience on our Services, including fulfilling your orders and requests for information, analyzing and compiling trends and statistics, marketing and advertising, communicating with you, and for the other purposes identified above in our Policy.

Category of personal information we may collect: Geolocation Data

Categories of sources from which we may obtain your "Geolocation Data" include: Directly from consumers, advertising networks, internet service providers, data analytics providers, and other service providers and third parties.

The purposes of collecting your "Geolocation Data" include: to help us personalize and continually improve your experience on our Services, including fulfilling your orders and requests for information, analyzing and compiling trends and statistics, marketing and advertising, communicating with you, and for the other purposes identified above in our Policy.

Category of personal information we may collect: Inferences

Categories of sources from which we may obtain your "Inferences" include: Directly from consumers, advertising networks, internet service providers, data analytics providers, data brokers, and other service providers and third parties.

The purposes for collecting your "Inferences" include: to help us personalize and continually improve your experience on our Services, including fulfilling your orders and requests for information, analyzing and compiling trends and statistics, marketing and advertising, communicating with you, and for the other purposes identified above in our Policy.

Category of personal information we may collect: Sensitive Personal Information

Categories of sources from which we may obtain your "Sensitive Personal Information" include: Directly from consumers and our service providers.

The purposes of collecting your "Sensitive Personal Information" include: to accept payment for our Services, to help us personalize and continually improve your experience on our Services, including fulfilling your orders and requests for information, analyzing and compiling trends and statistics, communicating with you, and for the other purposes identified above in our Policy. At this time, we only use your Sensitive Personal Information for those purposes that are not subject to a right to limit under California law.

We may share any of the above-listed information with our service providers and contractors. The categories of service providers and contractors with whom we share information and the services they provide are described above in our Policy.

Do Not Share My Personal Information

We do not sell personal information to third parties. However, as explained in the Cookies, Tracking Technologies, and Interest-Based Advertising section, we do share certain personal information with a third parties for cross-context behavioral advertising. You have the right to opt-out of this sharing of your personal information. To opt-out, please visit Cookie Options where you can update your cookies preferences. You may not opt-out of required cookies that are necessary for the operation of our Services.

We may share the following personal information:

Category of Personal Information we may share: Identifiers

Categories of third parties that we may share with: advertising networks, social media networks, data analytics providers, data brokers, and other third parties.

The purposes for collecting your "Identifiers" include marketing, advertising, and analytics.

Category of Personal Information we may share: Internet or other Electronic Network Activity Information

Categories of third parties that we may share with: advertising networks, social media networks, data analytics providers, data brokers, and other third parties.

The purposes for collecting your "Internet or other Electronic Network Activity Information" include marketing, advertising, and analytics.

We do not have actual knowledge that we "share" any personal information of individuals under the age of sixteen.

Requests

You can make requests related to your California privacy rights at the attached links:

You may also make those requests by calling +1-833-539-4700 (toll free).

Please be aware that we do not accept or process requests through other means (e.g., via fax, social media, email addresses, etc.).

When you make a request, we may ask you to provide verifying information, such as your name, email, or phone number. We will review the information provided and may request additional information via email or other means to ensure we are interacting with the correct individual. If you use an authorized agent to submit a request on your behalf, the authorized agent must provide proof that you gave the agent signed permission to submit the request and their proof of identity. We may also require you to verify your identity directly with us. Please also be aware that making any such request does not ensure complete or comprehensive removal or deletion of Personal Information or content you may have posted, and there may be circumstances in which the law does not require or allow us to fulfill your request. We will only use Personal Information provided in a request to verify the requestor's identity and/or authority to make the request.

Your California Shine the Light Rights: If you are a California resident, California's "Shine the Light" law permits you to request certain information regarding the disclosure of your Personal Information by us and our related companies to third parties for the third parties' direct marketing purposes. To make a California Shine the Light request, you can call +1-833-539-4700 (toll free) or email us at [email protected]. Please note that these Shine the Light requests are separate from any request made under the California Consumer Privacy Act (CCPA); if you would like to make a request under the CCPA please following the directions set forth above in the Requests subsection.

INFORMATION FOR RESIDENTS OF VIRGINIA

Virginia law provides Virginia residents with the right to access, delete, and correct certain personal data we collect about them, as well as to the restrict the use of that personal data for targeted advertising, restrict the "sale" of that personal data, and control our use of personal data that is considered sensitive. Virginia residents also have a right not to receive discriminatory treatment for the exercise of their privacy rights.

You or an authorized agent may submit a request to exercise your access, deletion, and correction rights by submitting a request using the following links:

You may also make those requests by calling +1-833-539-4700 (toll free).

To opt-out of targeted advertising, please visit, https://www.requesteasy.com/63a3-3777.

CONTACT US

Dutch Bros welcomes your questions, comments, and concerns about your privacy or this Policy. Contact us by emailing [email protected] or calling +1-833-539-4700 (toll free) for additional information.