PRIVACY POLICY

Introduction

TUPELO HONEY HOSPITALITY CORPORATION, and its affiliates and subsidiaries (collectively, “Company”, “TUPELO,” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy applies to information collected from you by us through any and all web properties owned and/or controlled by us including, but not limited to, our main corporate website at https://tupelohoneycafe.com/ (collectively, “Websites”), mobile application(s) (“Apps”), our Facebook, Twitter, Pinterest, Instagram, and YouTube pages, blogs, and other social media pages and sites (collectively, “Social Media Pages”) (the Websites, Apps, and Social Media Pages are collectively, “Sites”).

This policy also applies to information collected when you visit any of our restaurants (each a “Restaurant”), sign up for our SMS texting program, or that is provided to us through your interaction with our third-party business partners (each a “Business Partner”).

This policy does not apply to (i) data collected in connection with employment applications or employment with the Company (except for your phone number), (ii) how any of the providers of Social Media Pages or how our Business Partners collect, use, or disclose data, and (iii) non-consumer, business to business data collected, used, or disclosed to Business Partners or other of our suppliers.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Sites, not to participate in our SMS texting program, or visit the Restaurants. You also have certain opt-out rights you can choose to exercise (see Choices About How We Use and Disclose Your Information). By accessing or using the Sites, visiting the Restaurant, signing up for or participating in our SMS texting program, or providing information to, or using the goods and services of, our Business Partners, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Site or the goods and services of our Business Partners, continued participation in the SMS texting program, or continued visitation of the Restaurants after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

As we use the term “personal information” throughout this policy, it refers to information that relates to an identified or identifiable individual.

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Children Under the Age of 13

Our Sites are not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Sites. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on the Sites, make any purchases through the Sites, sign up for or participate in the SMS texting program, create an account on the Apps, join the loyalty program, or provide any information about yourself to us, including your name, address, telephone number, birthday, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected].

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Information We Collect About You and How We Collect It

We collect and use personal information in a number of ways, depending on how you interact with us. We may combine the information we collect from you through different means into a single database and use that information to communicate with you. We may share any of the information we collect with certain third parties (described below under “Disclosure of your Information”) for certain purposes (described below under “How We Use Your Information”).

We have identified the types of information collected through the various forms of interaction:

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Websites and Apps

  • Information that you provide by filling in forms on our Websites and Apps. This includes information provided at the time of creating an account on the Website and Apps, requesting further information, registering for a newsletter, placing an online order, making an online reservation, or uploading or posting any type of information to the Websites and Apps.
  • Details of transactions you carry out through placing an order on our Website and Apps and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website or Apps. The ordering process is assisted by our Business Partners and you may provide information to them.
  • Details of a reservation you place through the Website and Apps. You may be required to provide financial information before placing an order through our Website or Apps. The reservation process is assisted by our Business Partners and you may provide information to them.
  • Information that you provide when you join a rewards or loyalty program on the Website and Apps.
  • Information that you provide when you participate in a contest or promotion sponsored by us,
  • Information that you provide when you report a problem with our Website and Apps
  • Your responses to surveys that we might ask you to complete for research purposes on our Website or Apps.
  • Your search queries on the Website or Apps.

Specifically, this data may include:

  • Personal identifiers such as name, postal address, e-mail address, telephone number, birth date, age, and anniversary date.
  • Transaction data such as your preferred Restaurant location, purchase history, promotion and gift card redemption history, frequency, date, and time of Restaurant orders, and order in information and preferences.
  • If you use a credit or debit card to complete a transaction on the Website or Apps, you will be required to provide us or our Business Partner with financial information (such as your credit or debit card numbers). In some circumstances we do not directly receive your card numbers and our Business Partner will provide us with a token associated with your payment and transaction. We securely store and restrict access to the credit or debit card numbers we receive.
  • Information that is about you but individually does not identify you, such as gender, marital status, education status, income range, and food interests, and/or general location.
  • About your internet connection, the equipment you use to access our Website or Apps, usage details and information collected through cookies and other tracking technologies.
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Restaurants

Generally you do not need to provide personal information to dine at a Restaurant.

If you choose to pay with methods other than cash, such as a credit or debit card, you will be required to provide us or our Business Partner with financial information (such as your credit or debit card numbers) to complete the transaction. In some circumstances we do not directly receive your card numbers and our Business Partner will provide us with a token associated with your payment and transaction. We securely store and restrict access to the credit or debit card numbers we receive.

The Restaurants are equipped with security cameras that may record you and other guests as you dine at the Restaurant or interact with Restaurant personnel. The recordings may include personally identifiable information, such as your image. Generally, we do not review the security footage nor corroborate or compare it with other information we may have about Restaurant guests, though we reserve all rights to do so. We will review security footage to comply with our legal or regulatory obligations, to protect the rights, property or safety of us, our customers, or others, and to respond to law enforcement requests, among other reasons.

If you elect to use the wireless internet (Wi-Fi) available at a Restaurant, we may require you to provide information to connect to the network and then collect data about your internet use and devices while you are connected to the network.

Specifically, this data may include:

  • Personal identifiers such as name, postal address, e-mail address, telephone number, birth date, age, and anniversary date.
  • Information that is about you but individually does not identify you, such as gender, marital status, education status, income range, and food interests, and/or general location.
  • Media access control address (MAC address) of the device(s) you use to connect to the network.
  • Website and online service traffic data for the device while it is connected to the network.
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Business Partners

  • Information you provide a Business Partner as part of your interactions and transactions with us, such as placing an order from the Website or App, responding to a survey, or making a reservation for a Restaurant.
  • Information about your response to a marketing, advertising, or promotional communication message or advertisement sponsored by us.
  • Information you provide to create an account on the Website and Apps and/or join our rewards, loyalty, and/or or SMS texting program.
  • Information you provide in communications with the Business Partner that relates to us, your transaction, or a Restaurant.

Specifically, this data may include:

  • Personal identifiers such as name, postal address, e-mail address, telephone number, birth date, age, and anniversary date.
  • Transaction data such as your preferred Restaurant location, purchase history, promotion and gift card redemption history, credit or debit card numbers, frequency, date, and time of Restaurant orders, and order in information and preferences.
  • Information that is about you but individually does not identify you, such as gender, marital status, education status, income range, and food interests, and/or general location.
  • Information about your use of the platforms provided by the Business Partners as they provide services for us, such as the technology used to place orders or make reservations.
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Social Media Pages

  • Information you provide to enter a contest or promotion sponsored by us.
    Information you provide directly to us by sending us a message through the Social Media Page.
  • We may collect information you publish or display (“post”) on the Social Media Pages, or transmit to other users of the Social Media Pages or third parties (collectively, “User Contributions“).
  • Information in User Contributions you post in response to a post by us. We may collect personal identifiers such as your username or email address as well as information visible on your social media accounts such as interests, activities, or relationships to other users.
  • Information about our audience’s response to an advertisement, marketing message, or post on the Social Media Pages. We may collect personal identifiers such as your username or email address as well as information visible on your social media accounts such as interests, activities, or relationships to other users.
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Communications with You

  • If you contact us, we may collect records and copies of your correspondence and your name, email address, postal address, phone number, as well as information you provide about your dining experience or orders.
  • Any other information you choose to provide when you contact us.
  • We may ask you for additional contact information to respond to your requests or correspondence.
  • We may ask you for information when you enter a contest or promotion sponsored by us or if you sign up for and/or participate in our SMS texting program.
  • Your responses to surveys that we might ask you to complete for research purposes.

If you opt-in or request to receive communications from us, you may need to provide the following information:

  • Personal identifiers such as name, postal address, e-mail address, telephone number, birth date, age, and anniversary date.
  • Transaction data such as your preferred Restaurant location, purchase history, promotion and gift card redemption history, frequency, date, and time of Restaurant orders, and order information and preferences.
  • If you use a credit or debit card to complete a transaction with us, you will be required to provide us or our Business Partner with financial information (such as your credit or debit card numbers). In some circumstances we do not directly receive your card numbers and our Business Partner will provide us with a token associated with your payment and transaction. We securely store and restrict access to the credit or debit card numbers we receive.
  • Information that is about you but individually does not identify you, such as gender, marital status, education status, income range, food interests and general location.
    Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with the Website and Apps, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to the Website and Apps, including traffic data, location data, logs, and other communication data and the resources that you access and use.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). To opt out of or limit third-party websites or tracking, do not accept cookies and/or clear the cache on your internet browser.

The information we collect automatically does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and Apps and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website, Apps, and dining experience according to your individual interests.
  • Understand how you came to access the Website and Apps.
  • Recognize you when you return to our Website and Apps.
  • Facilitate promotions and a rewards and loyalty program and SMS texting program.
  • To create more effective communications and marketing messages about our products and services you may be interested in.
  • To understand our customer’s preferences and interests.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website or Apps. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website or Apps.

Pixel Tags. Pages of the Website and our e-mails may contain small electronic files known as pixel tags that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

Please note that we have separate terms for the Tupelo Honey SMS Texting Program, which can be found here: https://tupelohoneycafe.com/sms-policy/ or at the bottom of this page.

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Targeted Advertising

We may use the services of Business Partners who conduct targeted advertising to provide you with promotional or advertising messages about us and the Restaurants. These Business Partners may use cookies alone or in conjunction with other tracking technologies to collect information about you when you use the Sites and other websites or sign up for or participate in the SMS texting program. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services.

We do not control the opt-out processes for our Business Partners who provide targeted advertising services. If you do not want to be the recipient of targeted advertising, you must not accept cookies, clear the cache on the internet browser, and/or contact the Business Partner directly for instructions and information on your options. Another option is to use the services of Digital Advertising Alliance (optout.aboutads.info) to opt-out of the targeted advertising services by participating companies.

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Third-Party Use of Cookies and Other Tracking Technologies

We permit third parties to use cookies alone or in conjunction with other tracking technologies to collect information about you when you use the Sites and other websites. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties, their use of tracking technologies, nor the information they collect. To opt out of or limit third-party websites or tracking, do not accept cookies, clear the cache on the internet browser, and/or contact the third party directly for instructions and information on your options. Another option is to use the services of Digital Advertising Alliance (optout.aboutads.info) to opt-out of the targeted advertising services by participating companies.

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How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present the Sites and the contents to you.
  • To improve the Sites and the goods and services we provide you.
  • For everyday business management purposes.
  • To provide you with information, products, or services that you request from us.
  • To provide promotions, contests, and rewards programs to you, if you choose to participate.
  • To provide you with promotional, marketing, and advertising content.
  • To provide you with notices about your account and transactions.
  • To provide you with general notices about the Restaurants, goods and services.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to the Sites, Restaurants, or any products or services we offer or provide.
  • To respond to any questions or comments you have about the Sites, your reservations and orders, the Restaurants, us, or other related topics.
  • To analyze our users and customers’ responses to our products and services and to improve the products and services we provide.
  • To contact you about our own and third parties’ goods and services that may be of interest to you.
  • To protect the rights, property or safety of us, our customers or others.
  • To help maintain the safety, security, and integrity of our Sites, products, and services, technology assets, and business.
  • To seek feedback, reviews, or ratings regarding the Sites, Restaurants, or any products or services we offer or provide.
  • To customize or enhance your dining experiences.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.
  • To fulfill any other purpose for which you provide it.
  • To comply with our legal or regulatory obligations or to respond to law enforcement requests.
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Disclosure of Your Information

We may disclose aggregated or deidentified information about users of the Sites, users of our Business Partners’ products and services, and guests of the Restaurant without restriction.

We may disclose personal information that we collect or you provide:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business, including the Business Partners.
  • To complete a transaction you have initiated.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users and guests is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.
  • To protect the rights, property or safety of us, our employees, our customers, or others.
  • To help maintain the safety, security, and integrity of our Sites, products, and services, technology assets, and business.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply any terms of sale and other agreements, including for billing and collection purposes.

Except as otherwise stated in this section, we do not share your personal information with any third parties. In the preceding 12 months, we have not sold any personal information to third parties. We do not sell or share your personal information with third parties for monetary consideration.

In the event the Sites or the goods and services we provide require or permit you to interface with a Business Partner, you may be subject to that Business Partner’s separate terms of use and privacy policy. We are not responsible for that Business Partner’s use of your information under the separate terms of use or their privacy policy. These Business Partners include providers of online reservation systems, online ordering of food and beverages, merchandise, and gift cards, and services to administer our promotions, advertising, survey, marketing, SMS texting program, or loyalty or rewards programs.

We will not share your User Contributions or other information on our Social Media Pages unless you have directed your comments to us or about us, as indicated by tagging or hash tags. Your User Contributions are posted on and transmitted to others at your own risk and may be publicly available. We cannot control the actions of other users of the Social Media Pages with whom you may choose to share your User Contributions.

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Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You may be able set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of the Sites may then be inaccessible or not function properly.
  • Promotional Offers, Notices, and Marketing Communications from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties’ products or services, you can opt-out by following the instructions on the communication or at any other time by sending us an email stating your request to [email protected]. To opt-out of the SMS texting program, please refer to the Tupelo Honey SMS Texting Program Terms and Conditions at https://tupelohoneycafe.com/sms-policy/

This opt-out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

We do not control third parties’ collection or use of your information to serve interest-based or targeted advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way.

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Accessing and Correcting Your Information

You can review and change your personal information that we retain by contacting us at [email protected] or 1200 Ridgefield Blvd., Ste 290, Asheville NC 28806.

We are not responsible for access or correction of information you provide directly to our Business Partners or the Social Media Page providers including any User Contributions. Contact these third parties directly for any questions or concern.

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Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Your personal information is accessible by a limited number of persons who have special access rights. In some circumstances we do not directly receive your card numbers used in financial transactions and our Business Partner will provide us with a token associated with your payment and transaction. We securely store and restrict access to the credit or debit card numbers we receive.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information disclosed to us. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites. We are not responsible for data security on the Social Media Pages or responsible for our Business Partners’ data security practices.

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Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the policy has been updated on the Website and App home page.

If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address we have on record if you have provided us with an email address and/or through a notice on the Website home page.

The date the policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the Website and App and this privacy policy to check for any changes.

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Your Rights If You Reside in Certain States

Colorado: Residents of Colorado have the following rights: rights to know, access, and confirm personal data; right to correct personal data; right to delete personal data; right to obtain a copy of personal data in a usable format (to extent feasible); right to opt-out of processing of personal data for targeted advertising purposes; right to opt-out of the sale of personal data; and right to opt-out of certain profiling activities based upon personal data. Parents or legal guardians may invoke these rights on behalf of their children.

You may exercise these rights by contacting us at [email protected] or 1200 Ridgefield Blvd., Ste 290, Asheville NC 28806. We have the right to require authentication before responding to your request.

If you desire to appeal a decision we have made about the exercise of your rights, you may contact us at [email protected] or 1200 Ridgefield Blvd., Ste 290, Asheville NC 28806. If you have further concerns about our decisions you may contact the Colorado Attorney General.

We will not process your sensitive data without obtaining your consent. Under Colorado law, “sensitive data” means (1) personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sex life or sexual orientation, or citizenship or immigration status; (2) the processing of genetic or biometric data for the purpose of uniquely identifying you; or (3) the personal data collected from a known child. Currently we do not collect or process any sensitive data.

Nevada: Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: [email protected]. However, please know we do not currently sell data triggering that statute’s opt-out requirements. Virginia: Residents of Virginia have the following rights: rights to know, access, and confirm personal data; right to correct personal data; right to delete personal data; right to obtain a copy of personal data in a usable format (to extent feasible); right to opt-out of processing of personal data for targeted advertising purposes; right to opt-out of the sale of personal data; and right to opt-out of certain profiling activities based upon personal data. Parents or legal guardians may invoke these rights on behalf of their children.

You may exercise these rights by contacting us at [email protected] or 1200 Ridgefield Blvd., Ste 290, Asheville NC 28806. We have the right to require authentication before responding to your request.

If you desire to appeal a decision we have made about the exercise of your rights, you may contact us at [email protected] or 1200 Ridgefield Blvd., Ste 290, Asheville NC 28806. If you have further concerns about the results of an appeal, you may contact the Virginia Attorney General in the following ways: https://www.virginia.gov/agencies/office-of-the-attorney-general/; [email protected]; (804) 786-2071; 202 North Ninth Street, Richmond, VA 23219.

We will not process your sensitive data without obtaining your consent. Under Virginia law, “sensitive data” means (1) personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status; (2) the processing of genetic or biometric data for the purpose of uniquely identifying you; (3) the personal data collected from a known child; or (4) precise geolocation data. Currently we do not collect or process any sensitive data.https://tupelohoneycafe.com/sms-policy/add

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SMS Policy

TUPELO HONEY TEXT PROGRAM TERMS AND CONDITIONS

IMPORTANT! PLEASE READ THESE TUPELO HONEY TEXT PROGRAM TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY TEXT MESSAGING PROGRAM BY TUPELO HONEY HOSPITALITY CORPORATION OR ITS affiliates AND licensees (collectively and individually “TUPELO HONEY” OR “WE” OR “US”). BY SIGNING UP FOR ONE OR MORE OF TUPELO HONEY’S TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE TERMS AND CONDITIONS.

By signing up for one or more Tupelo Honey text messaging programs (each individually and collectively the “Program”), you expressly consent to receive recurring marketing or informational text messages, as applicable, from Tupelo Honey and others texting on its behalf, at the telephone number(s) that you provide. By participating in the Program, you agree to receive autodialed or prerecorded marketing text messages (whether short message service (SMS) or multimedia message service (MMS)) at the telephone number provided by you and associated with your opt-in.  While you consent to receive messages sent using an auto-dialer, the foregoing shall not be interpreted to suggest or imply that any or all text messages are sent using an automatic telephone dialing system (“ATDS” or “auto-dialer”). You may opt-out of these communications at any time. Consent to receive text messages is not a condition of any purchase or job application.

Program Description. Tupelo Honey text messages are intended to provide you with marketing and information regarding Tupelo Honey products and services or job opportunities with Tupelo Honey. Tupelo Honey may also provide you with transaction-related information.

The number of Tupelo Honey text messages that you receive will vary depending on which Tupelo Honey text messaging programs for which you sign up to receive messages, the frequency of the messages sent by those programs, and the frequency of your interactions with Tupelo Honey. Tupelo Honey reserves the right to alter the frequency of messages sent at any time to increase or decrease the total number of sent messages.

Message and data rates may apply to each text message sent or received in connection with Tupelo Honey text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans or questions), in addition to any applicable roaming charges. Tupelo Honey does not impose a separate fee for sending Tupelo Honey text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.

How to Opt-In. To opt-in to receive text messages from a Tupelo Honey text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages.

How to Opt-Out. To stop receiving text messages from a specific Tupelo Honey text messaging program, text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five-digit number from which its text messages are being sent). You acknowledge that you may then receive one (1) final message from Tupelo Honey confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging program associated with that five-digit short code. You will remain opted in to other Tupelo Honey text messaging programs.

Two-Way Texting: If you are participating in the Program because you applied for a job with Tupelo Honey, you may have the option to respond to text messages with more than key words. You cannot send us any of the following content:

  • Any fraudulent, libelous, defamatory, scandalous, threatening, or harassing content;
  • Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
  • Pirated programs, viruses, worms, Trojan horses, or other harmful code;
  • Any content that implicates and/or references personal health information that is protected by law; and
  • Any other content that is prohibited by applicable law in the jurisdiction from which the message is sent.

Your Mobile Telephone Number. You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying Tupelo Honey immediately if you change your mobile telephone number. You may notify Tupelo Honey of a number change by contacting [email protected]. You agree that before changing your mobile number or transferring your mobile number to another individual, you will either reply “STOP” from the original number or notify us of your old number at [email protected]. The duty to inform us based on the above events is a condition of participating in the Program.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Access or Delivery to Mobile Network is Not Guaranteed. The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier. You acknowledge and agree that Tupelo Honey is not responsible or liable for delivery issues arising from network services (e.g., delayed or undelivered messages or the security of any messages).

To participate in the Program, you must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Supported Carriers. The short codes we use for the Program are supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice, and the particular Program you join, including those operated through a different number, may be limited to specific carriers.

Support/Help. To request more information or to get help with opting out, text HELP to the five-digit short code for the text messaging program about which you have questions. You may also receive help by contacting Tupelo Honey at [email protected].

Eligibility. You may not use or engage with the Program if you are under 13 years of age.  If you use or engage with the Program and are between the ages of 13 and 18 years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the Program, you acknowledge and agree that you are eligible under these terms. By using or engaging with the Program, you also acknowledge and agree that you are a resident of the United States and are permitted by your jurisdiction’s applicable law to use or engage with the Program. Tupelo Honey reserves the right to require you to prove that you comply with the above age restrictions.

Changes to Terms and Conditions. Tupelo Honey may revise, modify, or amend these Terms and Conditions at any time.  Any such revision, modification, or amendment shall take effect when it is posted to Tupelo Honey’s website: [ADDRESS]. You agree to review these Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Tupelo Honey text messages will indicate your acceptance of those changes. Tupelo Honey also reserves the right to change the short code or phone number where messages are sent.

Termination of Text Messaging. We may suspend or terminate your receipt of Tupelo Honey text messages for any reason at any time, including if you breach these Terms and Conditions. Your receipt of Tupelo Honey text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Tupelo Honey reserves the right to modify or discontinue, temporarily or permanently, all or any part of Tupelo Honey text messages, with or without notice.

Privacy. Your privacy is important to us. Please see https://tupelohoneycafe.com/privacy-policy/ to review our privacy policy.

Choice of Law, Dispute Resolution, Class Action Waiver and Waiver of Jury Trial. All matters relating to the Program, these terms, any separate agreements between you and Tupelo Honey, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule and must be brought exclusively in a court having jurisdiction for Asheville, North Carolina. You consent to the exercise of exclusive jurisdiction of, and exclusive venue in, such courts. Any claim brought by you in connection with the Program may not and will not be made the subject of a class action. To the fullest extent allowable by applicable law, you and Tupelo Honey waive the right to a jury trial.

Limitation of Liability. To the fullest extent permissible pursuant to applicable law, Tupelo Honey (including Tupelo Honey Hospitality Corporation, and its affiliates and licensees) and the respective officers, directors, employees, agents, successors, or assigns of Tupelo Honey  are not responsible and will not be liable for any damages of any nature, including without limitation any direct, indirect, incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

 Severability. If any term of these Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.

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