Summary: We do not sell personally identifiable information (PII) of consumers for purposes of marketing goods or services of third parties, and we will not do so in the future unless we first ask for and obtain your verifiable consent. We do share the PII of consumers with our trusted service providers for purposes of marketing our own goods and services. We take appropriate measures to help protect PII in our control from misuse or unauthorized access.
Overview: This Privacy Policy applies to all PII and other personal information of potential or actual customers of The Human Bean (“us” or “THB”), from all sources and in all media. This Privacy Policy explains:
- what categories of information we collect and from where;
- how we use the information;
- with whom we may share the information;
- what choices you have about our collection, use and disclosure of the information;
- what security procedures are in place to protect the loss, misuse or alteration of information under our control; and
- how you can correct any inaccuracies in the information.
PII We Collect Directly from You
Our Site collects PII directly from you if you contact us to express interest in employment, to learn about franchise opportunities, or for customer service. In these cases, we will collect your PII including your name, mailing address, email address and phone number. If you are a customer of our drive-thrus and you use our loyalty rewards mobile application, we collect the information associated with your use of the application such as name, phone number, device identifier, purchases and locations. Use of the mobile application requires acceptance of the terms of service and privacy policy of the provider of the application, LevelUp. We collect your date of birth if you are a customer participating in our birthday-based promotions or giveaways. If you ask us to verify your eligibility for a THB franchise, we will collect and store additional PII regarding your income, account balances, payment history, credit history, credit scores and related financial information. We will also collect and store PII provided to us about any potential partners in your franchised business.
PII of Minors
We do not knowingly collect or maintain the PII of any persons under 13 years of age. We do not sell PII for purposes of marketing the goods or services of third parties, and in the case of persons aged 13-18, we will not do so in the future with your PII, unless we first ask for and obtain verifiable consent from you or (if required by applicable law) your parent or guardian.
PII We Collect Indirectly
We obtain PII of potential customers from third parties such as consumer data resellers, credit reporting agencies, government agencies, public records and other sources. If you do not want to be contacted by THB, we will promptly honor your do-not-contact request.
Other Information We Collect (Not PII)
Our Site use server logs to collect information that is not by itself personally identifiable (such as browser type, ISP, IP address, referring/exit pages, platform type, date/time stamp, and number of clicks) from all visitors to the Site. Our Site also uses “cookies” to collect information about how the Site is used. Information gathered through cookies may include the pages viewed and the amount of time spent at the Site. Our Site use both session ID cookies and persistent cookies. The session ID cookie terminates once you close the browser. For the persistent cookie, a text file is stored on your computer. Persistent cookies can be removed by following Internet browser help file directions. If you allow the persistent cookie, our Site can recognize your computer and your browser can remember your login information for our Site. If you reject the cookie, your user experience may be limited. We may use web beacons and similar technologies to track your use of our Site. Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web users or to access cookies. We also may include web beacons in email messages or newsletters to determine whether messages have been opened and acted upon. We use information that is not by itself personally identifiable to improve our Site, reconstruct activity from a session or by a user, and for troubleshooting. Our Site does not recognize browser do-not-track settings. If we combine your PII with information that is not by itself personally identifiable, we will treat the combined result as PII.
PII From Social Media: We may use social media websites or messaging applications to interact with you and to communicate information about THB products and services. We may collect PII from our interactions with you on social media websites and applications, and we may use this PII for the purposes and uses described in this Policy.
Our Uses of Your PII
Marketing Communications: We may send you notices about THB products or services. You may withdraw your permission to receive marketing communications from us at any time. You can opt out by following the instructions at the bottom of any THB marketing email, calling our toll-free number at (888) 262-2215, emailing to [email protected] or clicking here.
Franchise or Employment Communications: If you express interest in a THB Franchise, we will share your contact information with our franchise document service provider, and communicate with you about the application process and other aspects of the franchise. If you express interest in employment at a particular location, we will share your contact information with the manager of that location. The manager may be employed by one of our corporate affiliates or by an independent franchisee. The manager may communicate with you about the application process and other aspects of the franchise. We will use your PII to evaluate your eligibility. You may terminate your application process at any time and opt out of further communications from us. If you have consented to receive franchise or employment related communications via phone or text message (SMS), you can opt out by replying STOP to any SMS message or contacting us.
Internal Business Uses: We may use your PII for our internal business purposes, such as:
- To analyze your use of, or interest in, our services;
- To measure the overall effectiveness of our advertising and content;
- For data analysis, audits, fraud monitoring and prevention, and new product development.
Our Limited Disclosures of Your PII
THB may disclose your PII as follows:
To Service Providers: We may share your PII with professional service providers that perform services on our behalf. For customers, they include our payment processor and the provider of our mobile rewards application. For prospective franchisees and franchisees, they include our franchise document service provider. The service providers are not permitted to sell or share your PII for third-party marketing purposes.
To THB Franchisees: If you express interest in employment, we will share your PII with the independent franchisee managing the location of interest. We may share customer PII with our independent franchisees, who have agreed not to sell or misuse it.
As Required By Law or Legal Process: We may disclose your PII in response to a lawful subpoena, court order or request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as we reasonably believe is required by law. In such cases, we may raise or waive any legal objection or right available to us.
To Protect Our Business: We may disclose your PII when we reasonably believe disclosure is necessary to investigate or prevent actual or suspected unlawful activity; to protect and defend the rights, property or safety of our company, employees, customers or others; or to enforce our Site’s Terms of Service or other agreements between us and you.
Business Transition: If THB goes through a business transition, such as a merger, being acquired by another company, or sale of its assets, PII held by us will, in most instances, be part of the assets transferred. If the transferee assumes the responsibility of maintaining the PII with a policy at least as protective as this Policy, the inclusion of the PII will not be considered a sale of the PII for purposes of marketing by third parties.
Accuracy and Maintenance of Your PII
Accuracy: We will strive to ensure that your PII held by us, if any, is accurate. You will have multiple opportunities to review, update and correct your PII during the proposal and application processes. You may also contact us to inquire about or correct the accuracy of your records: call us toll-free at (888) 262-2215, emailing to [email protected] or clicking here.
Maintenance: Although we promptly honor do not contact requests, we can not offer you an unqualified right to delete your PII held by us. Federal and state laws, rules and regulations require that we store information collected for various periods of time. In order to comply with these requirements, we may be unable to delete your information from our database until the expiration of the applicable period. For California residents, see the state-specific notice at the end of this Privacy Policy.
Data Security: We take reasonable precautions in accordance with industry standards to protect PII held by us from unauthorized access. We restrict access to your PII, and we employ information security safeguards when allowing employees and service providers with proper authorization to access such information. We use firewalls and other intrusion detection and prevention controls to help prevent unauthorized persons from gaining access to your PII. We also use administrative and physical security measures. These measures include secured files and buildings. Security measures are by nature not a perfect or complete defense against malicious actors. Accordingly, we can not guarantee that your PII will be completely secured against unauthorized access.
Data Breach Notification: THB maintains procedures for notifying you in the event of a data security breach. If THB experiences a data security breach and is required to notify you under applicable law, THB will notify you by electronic mail using the e-mail address you have provided. You are responsible for ensuring that your contact information is current and correct. To review or change your information and correct any inaccuracies, call us toll-free at (888) 262-2215, email to [email protected] or click here.
Procedures
Changes to this Privacy Policy: If we decide to change this Privacy Policy, we will post the changes here and (if you have provided an email address) we will notify you by email, so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we want to sell your PII or use it in a materially different way than is stated in this Privacy Policy, we will notify you via email and give you at least a right to opt out. If state or other applicable law gives you additional rights in these circumstances, we will follow the applicable law.
Questions about this Policy: If you have questions about this Policy, our information practices or other aspects of privacy on our Sites, please call us toll-free at (888) 262-2215, email to [email protected] or click here, or send us a letter at The Human Bean, Attention: Customer Relations, 623 Rossanley Drive, Medford, OR 97501.
Special Notice Applicable to California Residents Only
You have the right to request additional information from us regarding our collection and use of PII, and to ask us to delete your PII collected or maintained by us, if any. To maintain data security, we will verify your identity before taking action on your request. Our procedure for verifying your identity is to match identifying information provided by you with PII held by us. We may need to request additional information to verify your identity, but if so we will use it only to process your request. We may also use a third-party identification service. We will not discriminate or take any adverse action against you for exercising these rights. You may designate an authorized agent to exercise these rights on your behalf. To exercise these rights, call us toll-free at (888) 262-2215, email to [email protected], click here, or send us a letter at The Human Bean, Attention: Customer Relations, 623 Rossanley Drive, Medford, OR 97501. We will respond within 10 days. We will comply with verifiable requests within 45 days (or within 90 days if we notify you of the reason for the delay).
You have the right to ask us for the following non-specific information, but our response will be the same for all consumers, because this information is already disclosed in this Privacy Policy:
- The categories of PII we collected about consumers during the preceding calendar year;
- The categories of sources of consumer PII we collected during the preceding calendar year;
- The purposes for which we collected consumer PII during the preceding calendar year;
- The categories of any third parties that received from us consumer PII that we collected during the preceding calendar year; and
- Whether we sold or shared any consumer PII for marketing purposes.
You have the right to ask us to disclose to you and/or delete your specific PII collected or maintained by us, if any. We will not disclose your PII or take action on a request to delete it unless we have first verified your identity. Applicable laws, regulations and legal obligations may prevent us from completely deleting all of your PII, but we will state the reasons for any refusal to delete, and we will retain your request to delete as a record of our compliance.
Your access to this Site is on condition that you do not violate these Terms. The Site is owned and operated by Casey Hawkins, Inc. (“THB”). AN AGREEMENT TO ARBITRATE CLAIMS AND CERTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY ARE ESSENTIAL PARTS OF THESE TERMS. If THB materially alters these Terms in a way that diminishes your rights, THB will notify you about the new Terms. Your continued use of the Site after notice of changes means you accept the changes. If you do not agree to any of the changes, you will (as your sole remedy) stop using the Site. The Terms can not be changed except as specified, and any attempt by you to modify the Terms unilaterally is void.
The Site is intended for individuals who are at least 16 years of age and residents of the United States. Products advertised for sale through the Site are only available in U.S. stores, or to ship to addresses in the U.S. If you are under 13 years of age, you should not use the Site. All discount codes, coupons and similar promotional offers must be entered prior to payment. Misuse of such codes or coupons violates these Terms.
License to Use
You may use the Site for its intended purposes as long as you comply with these Terms.
Prohibited Conduct
You may not use the Site to transmit any content or engage in any conduct which:
- Infringes any intellectual property right owned by THB or a third party;
- Violates these Terms;
- Harasses or threatens others;
- Involves the use or distribution of malware, meaning viruses, trojan horses, trap doors, easter eggs, worms, time bombs, packet bombs, ransomware, cancelbots and any other other computer programs or routines that damage, detrimentally interfere with, surreptitiously intercept or expropriate any system data or user information;
- Involves SPAM or using the Site to send unsolicited communications about any goods or services;
- Involves accessing the Site using any automated means such as bots, harvesters, scrapers, or spiders, except by permission of THB;
- Involves impersonating any person or entity, or misrepresend your affiliation with any person or entity;
- Includes denial of service attacks or other acts that unduly burden the infrastructure of our Site; or
- Is in violation of applicable law.
- We may withdraw permission to use the Site at any time, for any reason, including but not limited to your violation of these Terms. In addition to terminating your access, THB reserves all legal rights and remedies in response to a violation of these Terms.
THB Intellectual Property
The Site and their content are protected by copyright, trademark, trade dress and other intellectual property rights. You may only use the Site consistently with our rights. Our practices related to your personal information are as specified in the Privacy Policy.
The Human bean is a registered service mark of THB. Our marks include, without limitation, the following:
| Mark | USPTO Registration Number |
| THE HUMAN BEAN | 2,493,213 |
| THE HUMAN BEAN ESPRESSO COFFEE ETC. | 2,760,822 |
|
THE HUMAN BEAN DRIVE THRU |
2,805,579 |
| H2B | 3,264,873 |
 |
5,545,858 |
 |
5,545,866 |
The THB logos, and other trademarks, service marks, labels, product names and service names (“Marks”) are owned or licensed by THB. You may not otherwise copy, display or use the Marks without the prior written permission of THB. You will not use the Marks in any way likely to cause confusion, or in connection with any product or service that is not authorized or sponsored by THB. The Site, and all its content including without limitation its look-and-feel, text, graphics, multimedia content, images, illustrations, audio and video clips, content in html and other markup languages, and all scripts associated with it are owned by THB or by its licensors or content providers. Reproduction or republication of the entire THB Site is strictly prohibited. Any content copied, downloaded or printed from the Site must retain all copyright, trademark and other notices of proprietary rights. The device of a user, who is using the Site as intended, may store and display certain content from the Site.
Required Notices
You agree to receive exclusively via email, to the address last provided by you to THB, any notice that we are required to send to you. You will keep your contact information current and promptly notify THB if you discover any unauthorized use of your information.
Representations and Indemnification
You represent that any information you provide through the Site is true, current, and complete. You agree to defend, indemnify and hold harmless THB and its officers, directors, employees, and affiliates from and against any and all claims, damages, costs, and expenses (collectively “Claims”) arising from or related in any way to your misuse of the Site, or your breach of your representations, or your breach of any material provision of these Terms.
Disclaimer of Warranties
THB strives to provide the Site in accordance with industry standards for accuracy, reliability, and security. However:
- Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. THB expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to implied warranties of fitness for a particular purpose, merchantability, non-infringement, quality, performance, non-interference with information, and accuracy of informational content. There is no warranty that information provided by the Site will fulfill any of your particular purposes or needs.
- THB does not guarantee or warrant that your use of the Site will be uninterrupted, timely, secure, or error-free; that the results that may be obtained from the use of the Site will be accurate or reliable; or that any errors in the technology will be corrected.
- No information, whether oral or written, obtained by you from THB or through a THB Service will create any warranty not expressly stated in these Terms.
Limitations and Exclusions of Liability
To the extent permitted by applicable law, THB will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, or the cost of getting substitute goods or services, or the use, inability to use, unauthorized use, performance or non-performance of any third-party account (even if THB has been advised of the possibility of such damages), whether based on contract, tort or any other legal theory, resulting from your use of or inability to use the Site. If you are dissatisfied with the THB Site, or any of the information contained therein, or if you refuse to abide by these Terms, your sole and exclusive remedy is to discontinue your use. If you are a California resident, you waive the provisions of Section 1542 of the California Civil Code, which states as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor, and any other municipal, local, state, or federal law, common or statutory, which may have arisen, or which may arise, prior to, or at the time of, the execution of this Agreement.”
Disputes and Arbitration
Any claim or controversy arising out of or relating to the use of the Site, goods or services provided by THB, or to any acts or omissions for which you may contend THB is liable, including any claim or controversy as to arbitrability (“Dispute”), will be finally and exclusively settled by arbitration. The arbitration will be before one (1) arbitrator under the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA rules”). The arbitration will be venued in a location reasonably convenient to you. The arbitrator will be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties will select an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms, the parties will jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. To begin arbitration, you must make a written demand for arbitration. This agreement is not an agreement to joinder or consolidation of arbitration with arbitration of disputes or claims of any non-party, regardless of the nature of the issues involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
THIS AGREEMENT PROVIDES THAT DISPUTES BETWEEN YOU AND THB WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT BY A JUDGE OR JURY.
If this arbitration agreement is deemed inapplicable or unenforceable by a court of competent jurisdiction, or in any instance of any lawsuit between you and THB, sole jurisdiction and venue will be in the state or federal courts of Oregon. If either party employs attorneys to enforce any right in connection with any dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs, including on appeal.
General Terms
These Terms constitute the entire agreement between you and us with respect to their subject matter. If any provision of these Terms is deemed unlawful, void, voidable or unenforceable for any reason, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions. These Terms will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its rules respecting the conflicts of laws. This contract is deemed made and fully performable in Jackson County, Oregon.
We will gladly accept unopened and unused product within 30 days of the invoice date for a full exchange of the merchandise value, refunded in the original form of payment less appropriate adjustments for shipping and handling. You can expect refund within 7 to 14 days of our receiving your return in its original condition.
Packages must be returned prepaid. We do not accept COD. We recommend you insure the package with the shipping carrier of your choice.
Pack and seal your box securely and return to:
The Human Bean
623 Rossanley Drive
Medford, OR 97501
Returns will not be accepted at The Human Bean store locations.
We currently deliver to destinations within the United States. All deliveries are made via FedEx or United States Postal Service (USPS). Shipping rates vary based on destination and items purchased.
Orders are shipped on business days only. Monday – Friday, excluding United States Federal holidays. Orders will be shipped within 2 full business days of order.
Gift Cards can be shipped via USPS for standard postage rates.
PO Boxes may only be delivered via the USPS and cannot be expedited.
Credit cards will be changed for shipping at time of check out. Once your order has shipped, you will receive a shipment confirmation email.
