Privacy Policy

The Counter (also referred to in this Privacy Policy as "we", "us" and "our") is committed to protecting your privacy and security online. We strive to do everything we can to respect the trust customers have in our brand - and our commitment to your privacy is no exception. We are committed to protecting and safeguarding the privacy of visitors to this website.

Please carefully read this Privacy Policy so that you will fully understand how your personal information will be treated as you use the thecounter.com website. This Privacy Policy outlines our personal information handling practices.

By providing The Counter with your personal information, you signify that you agree with the terms of our current Privacy Policy as posted here, which may be amended from time to time as provided below in this Privacy Policy. If you do not agree with any term in this Privacy Policy, please do not provide any personal information. However, if you choose not to provide your personal information, you may not be able to, among other things, access particular areas of our website, access and use Rewards programs ("Reward Card"), Email Clubs, order certificates, obtain franchise information, enter contests, request samples, or send us e-mail.

Please note that residents of certain jurisdictions have additional rights as set forth below in the section titled Additional Information for Certain Jurisdictions.

If you are a California resident, please refer to the Additional Information for California Residents section below for important information about the categories of personal information we collect and disclose, as well as your rights under California privacy laws, including your right to submit a request to opt-out of the sales and sharing of your personal information by us.

What Kind Of Personally Identifiable Information Do We Collect, And Who Is Collecting It?

The Counter only gathers personal information when voluntarily submitted by you. If you request information from The Counter or wish to share an experience you had at one of our franchise stores, we'll ask for personal information such as your name, address, and email address, as well as store address and any other information you may wish to share, so we can best respond to your comments. This information will help us to better customize the services at The Counter. Additionally, if you contact The Counter, we may keep a record of that correspondence.

When you access certain areas of the thecounter.com website, we may ask you for your registration or log-in information. Such information can include your name, e-mail address, residence or billing addresses and/or credit card information (to hold a reservation or for online purchases).

From time to time we and/or our partners will sponsor contests and information regarding specials and events that will require additional information. The Counter partners or third party sites that have links on our website may collect personal information about you. Please be aware that the information collected by these partners or third party sites is not covered under this Privacy Policy.

As part of customizing and personalizing your service, The Counter uses cookies to store and sometimes track information about you. A cookie is a small amount of information that is sent to your browser from a web server and stored on your computer's hard drive. The cookie stores information and is sent when you register or sign in. Cookies enable you to automatically log into your account when you visit the thecounter.com website. We also use cookies to track your use and the number of entries in our promotions and contests. Cookies also help us to estimate the size of our audience and measure traffic patterns. Additionally, our partners may also use their own cookies. Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. Click on the "Help" section of your browser to learn how to change your cookie preferences. You can also adjust your cookies settings through the cookies preference manager widget located at the bottom left of the thecounter.com website. However, your settings are browser and device specific – so, if you come back to our website from a different device or browser, or you delete cookies on your current browser, you will need to apply these settings again. If you disable all cookies, you may not be able to take advantage of all the features of this website.

The Counter may also collect certain aggregate information about you and your use of our website whenever you visit, such as various forms of "click stream" information including URLs or domains, site traffic statistics and origination information, page views, impressions, and operating system and browser types. In addition, The Counter servers automatically log your IP address when you request pages on our website. This aggregate information generally will not personally identify you or be correlated to you individually for external purposes. The Counter may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all of the aggregate information; provided that such information does not personally identify you.

How Do We Use The Information We Get, And With Whom May It Be Shared?

The Counter collects information in order to provide our users with personalized and customized service. We will often use the information we collect to notify you of important functionality changes to the thecounter.com website, new services, special offers or contests that we think you may be interested in. The Counter researches our user demographics and interests based upon the information that you provide. We do this to better customize your experience and we may share this research with our partners.

The Counter may share personal information within the The Counter organization, including, without limitation, our subsidiaries and affiliates. Use of this information by The Counter will comply with this Privacy Policy. Occasionally, with your permission, we will send marketing information to you, such as discount coupons or information about new product offerings. Further, with your permission, we will, on occasion send marketing information on behalf of one of our business partners about products or services they provide that may be of interest to you. You may be asked if you wish to receive marketing materials from The Counter business partners. If you elect to receive such materials, The Counter will not share your personal information with such partners, but rather will send a mailing or email on behalf of partners. If you do not elect to receive such materials, please contact us at customerservice@kahalamgmt.com and we will not send them to you.

Contests and promotions may be sponsored by companies other than The Counter or may be co-sponsored by The Counter and one of our partners. Our promotions and contests may often request additional information from participants. Some of the data collected may be shared with that partner or sponsor. When you participate in a contest or promotion or request information, you give The Counter permission to transfer your information to the sponsor so that they may answer your request. If you would rather not receive such information or have such information shared, please contact us at customerservice@kahalamgmt.com. If you have more than one The Counter account, make sure you change your preferences for each account or e-mail name you have with us.

Companies may be engaged by The Counter to perform a variety of functions, such as assisting with promotions or providing technical services for our websites. These companies may have access to personal information, if needed, to perform such functions. However, these companies are only authorized to use such personal information for the purpose of performing such functions and improving services.

Further, the information collected through our website is considered a trade secret of The Counter. As the owner of such information, we may disclose or sell such information as an asset of the company in conjunction with the sale of our company, our assets or a portion of our assets to a third party.

The Counter reserves the right to use or disclose any information when we have your permission or in special circumstances, such as when we have a good faith belief that such disclosure is necessary to comply with a legal requirement, regulation or legal request, to protect the integrity of our website, to fulfill your requests, to cooperate in any law enforcement investigation or an investigation on a matter of public safety, or to respond to claims that any files or data violate the rights of third-parties, or protect the rights, property, or personal safety of The Counter, its users or the public. For example, The Counter will make such disclosures necessary under the reporting procedures of the Digital Millennium Copyright Act (see the Terms of Use).

Choice/opt-out

Our website provides users the opportunity to choose how information you provide to us can be used by The Counter. If you are getting promotional e-mail from us and would like to be removed from our list, simply click the link at the bottom of any e-mail you receive to unsubscribe. You can opt into or out of emails from us by logging into your account and updating your preferences.

How Does The Counter Protect Your Information?

When you submit any files, information, or access your account, The Counter uses a secure server. The secure server software (SSL) encrypts all of the information that you provide before it is sent to us. Additionally, we take commercially reasonable measures to prevent unauthorized access to your data.

Your The Counter account is password-protected so that only you have access to this personal information. We recommend that you do not divulge your password to anyone. The Counter will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail.

Unfortunately, no data transmission can ever be 100% secure. While we try to protect your personal information, we cannot insure or warrant the security of the personal information that you transmit. You transmit such information at your own risk.

How Do We Address The Privacy Of Children?

The Counter is committed to protecting the privacy of children who visit our website. For this reason, The Counter does not collect personal information from children under 13. Children 12 years old and younger may visit the The Counter website under the supervision of a parent or guardian without disclosing any personally identifiable information. Our subsidiaries and affiliates may need to access and use your child's personal information in order to respond to a service request, prevent fraud, or assist us in the management and improvement of our website. We encourage parents of children under 13 to regularly check and monitor their children's use of e-mail and other activities online.

When Do We Make Changes To Our Privacy Statement?

From time to time, it may be necessary for The Counter to change this Privacy Policy and the revised Privacy Policy will be posted at the thecounter.com website. You should check here periodically for changes. Your continued use of the thecounter.com website should be deemed your acceptance of the revised Privacy Policy.

Does The Counter Allow Customers To Update Or Change Their Personally Identifiable Information?

Users of the thecounter.com website may, at any time, review the personally identifiable information they have provided about themselves (and their family members) and make changes to that information. Users can also request that their account be closed. Furthermore, users can request that The Counter delete all account information from our databases by writing to customerservice@kahalamgmt.com provided that The Counter may retain a copy of such information for business archive purposes.

Additional Information For Certain Jurisdictions

Residents of Virginia, Colorado, Connecticut, and Utah have additional rights under applicable privacy laws, subject to certain limitations:

• Correction. The right to correct inaccuracies in their personal information, taking into account the nature and purposes of the processing of the personal information.
• Deletion. The right to delete their personal information provided to or obtained by us.
• Access. The right to confirm whether we are processing their personal information and to obtain a copy of their personal information in a portable and, to the extent technically feasible, readily usable format.
• Opt-out. The right to opt-out of certain types of processing, including:
  • To-opt out of the “sale” of their personal information.
  • To opt-out of targeted advertising by us.
  • To opt-out of any processing of personal information for purposes of making decisions that produce legal or similarly significant effects.

You may submit a request to exercise most of your privacy rights under U.S. state privacy laws online using our webform. To opt-out of targeted advertising by us, you can adjust your cookies settings through our cookies preference manager (see the Section titled, What Kind of Personally Identifiable Information Do We Collect, and Who is Collecting It? above for further information). We will respond to your request as required under the applicable privacy law(s). If we deny your request, you may appeal our decision by submitting another webform request.

Additional Information for California Residents

This section supplements the information contained in our Privacy Policy above and provides, in general, our policies and practices under the California Consumer Privacy Act (“CCPA”). This section applies solely to individuals who reside in California (“consumers” or “you”). If you do not reside in California, this section does not apply to you. All terms defined by the CCPA have the same meaning when used here. This section does not address or apply to our handling of publicly available information made lawfully available by state or federal governments or other personal information that is subject to an exemption under the CCPA.

This section was last updated: July 1, 2023

Categories of Personal Information Collected and Disclosed

We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with particular California consumers, households, or devices (“Personal Information”). Our collection and handling of Personal Information varies with our relationship and interactions with You. For example, we may collect different categories of Personal Information from customers, potential customers, employees, employee applicants, other workforce members, and potential franchisees.

Sales and Sharing of Personal Information

The CCPA defines a "sale" as disclosing or making available Personal Information to a third party in exchange for monetary or other valuable consideration, and “sharing” broadly as disclosing or making available personal information to a third party for purposes of cross-context behavioral advertising. While we do not disclose Personal Information to third parties in exchange for monetary compensation from such third parties, we may “sell” or “share” the following categories of Personal Information in order to receive certain services, information, or benefits from third parties: identifiers; customer records; commercial information; internet or other electronic network activity information; and inferences. We share these categories with third-party advertising networks, social networks, data analytics providers, and franchise owners (such as when we allow third-party tags to collect browsing history and other information on our websites to improve and measure our ad campaigns).

We do not sell or share sensitive Personal Information as that term is defined by the CCPA (“Sensitive Personal Information”), nor do we sell or share any Personal Information about individuals who we know are under sixteen (16) years old.

Sources of Personal Information

We may collect the Personal Information identified in the categories above from the following sources:

• Directly from you. For example, from information you provide in the course of obtaining products or services from us, from information provided in employment applications, or in from information on franchise applications or forms.
• Indirectly from you. For example, through our use of cookies and pixels on our websites.
• Our business vendors.
• Advertising networks.
• Data analytics providers.
• Social networks.
• Internet service providers.
• Operating systems and platform.
• Data brokers.
• Our franchisees.

Use of Personal Information

We may use the Personal Information that we collect for the following business or commercial purposes and as otherwise directed or consented to by you:

• To provide or fulfill the reason for which you provided the Personal Information. For example, we may use such information to add you to our rewards program, to create and secure your account with us, or to process and complete online purchases and transactions.
• To correspond with you. For example, if you request information or wish to share an experience that you had at one of our stores, we may ask for your name, address, and email address, so that we can best respond to your comments.
• To improve or customize our services and products.
• For marketing and advertising purposes.
• To evaluate and process inquiries from interested potential franchisees.
• To detect fraud and prevent loss.
• To provide you with information about our products and services through periodic emails or text messages.
• To respond to requests from law enforcement or court order as required by applicable or governmental regulations.
• To evaluate your application and eligibility for employment.
• To manage your compensation and benefits.
• To manage your development, performance, and conduct.
• To protect us against illegal activity and other misconduct.
• To comply with our legal obligations.
• As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our website users/consumers is among the assets transferred.
• Other business purposes allowed by the CCPA.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes from those listed above without providing you notice.

Our use of your Personal Information may vary depending on whether you are a customer, potential customer, employee, employee applicant, or potential franchisee.

Sensitive Personal Information

We only use and disclose Sensitive Personal Information as reasonably necessary: (i) to perform our services requested by you, (ii) to help ensure security and integrity, including to prevent, detect, and investigate security incidents, (iii) to detect, prevent and respond to malicious, fraudulent, deceptive, or illegal conduct, (iv) to verify or maintain the quality and safety of our services, (v) for compliance with our legal obligations, (vi) to our service providers who perform services on our behalf, and (vii) for purposes other than inferring characteristics about you. We do not use or disclose your Sensitive Personal Information other than as authorized pursuant to section 7027 of the CCPA regulations (Cal. Code. Regs., tit. 11, § 7027(m)).

Retention of Personal Information

We retain the Personal Information we collect only as reasonably necessary for the purposes described above or otherwise disclosed to you at the time of collection.

Your Rights Under the CCPA

In general, if you are a California resident you have the following rights under the CCPA:

• Right to Know/Access: With respect to personal information we have collected about you in the prior 12 months, subject to certain exceptions and up to twice per twelve (12)-month period, you have the right to require us to tell you:
  • Categories of Personal Information we collected about you.
  • Categories of sources of Personal Information we collected about you.
  • Whether we sold or shared Personal Information about you.
  • Business or commercial purposes for which we collected, sold, or shared Personal Information about you.
  • Categories of third parties with whom we share Personal Information about you.
  • Specific pieces of Personal Information collected about you.
• Right to Delete: You have the right to request that we delete any of your Personal Information that we collected and retained, subject to certain exceptions. We may deny your deletion request if retaining the Personal Information is necessary for us or our service providers and/or contractors to:
  • Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

  We will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers and contractors to take similar action.

• Right to Opt-Out of Sale/Sharing: You have the right to opt-out of the sale or sharing of your Personal Information.
• Right to Correct: You have the right to correct the Personal Information we may have collected about you if that information is inaccurate. We reserve the right to request identifying documentation from you in certain circumstances, as permitted by law.
• Right to Limit: You have the right to limit our use or disclosure of your Sensitive Personal Information to certain purposes permitted by law. As further explained above in the section titled Sensitive Personal Information, we only use and disclose Sensitive Personal Information as permitted by the CCPA, thus this right is not available.
• Right to Non-Discrimination: You have to right to not be discriminated against for exercising your rights under the CCPA. Unless permitted by the CCPA, we will not, as a result of you exercising your rights under the CCPA:
  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Financial Incentives

The CCPA allows us to offer certain financial incentives for providing us with your Personal Information that can result in different prices or rates for our goods or services. Any financial incentive we offer will reasonably relate to your Personal Information’s value. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. If we provide a financial incentive, we will provide you with the details here, including how the incentive is related to your data before you participate so that you may make an informed decision about whether and how to participate. However, if you choose to opt-out, do not provide certain necessary Personal Information, or request that we delete this Personal Information, we will not be able to administer the program and provide you with the financial incentive.

Exercising Your Rights to Know/Access, Correct, or Delete

You may submit requests on your own behalf or have your legally authorized agent do so for you by:

• Calling us Toll-Free at 866-452-4252; or
• Completing the request form available here.

When you submit your request, you must provide us with enough detail so that we can verify you are the person about whom we collected Personal Information (or that you are a legally authorized representative), and also understand, evaluate, and respond to your request. At a minimum, we need the following information:

• What you are requesting: You must describe your request with sufficient detail that allows us to understand, evaluate, and respond to it. For example, if you are submitting a request to know, you must let us know whether you are requesting to know categories or specific pieces of Personal Information.
• Who you are: You must let us know who you are, and whether you are a California resident submitting the request on your own behalf or whether you are an authorized agent submitting the request for a California resident. Specific requirements for authorized agents are detailed under the section titled How We Verify Requests below. We will only use Personal Information provided in the request to verify your identity or your authority to make the request on behalf of a California resident.
• Information regarding the California resident for whom the request is made: You must provide us enough identifying information so that we can begin processing the request. We may need further information to verify the request, as detailed under the section titled How We Verify Requests below.

Exercising Your Right to Opt-Out of Sale and Sharing

You may opt out of most third-party tags and cookies on our website using our cookie preference manager, by adjusting the settings in your browser (i.e., disabling cookies), or by clicking the “Do Not Sell or Share My Personal Information” link located at the bottom of the thecounter.com website. Your settings are browser and device specific—so, if you come back to our website from a different device or browser, or you delete cookies on your current browser, you will need to apply these settings again. In addition, our website responds to global privacy control—or “GPC”—signals, which means that if we detect that your browser is communicating a GPC signal, we will process that as a request to opt that particular browser and device out of sales and sharing (i.e., via cookies and tracking tools) on our website. Note that if you come back to our website from a different device or use a different browser on the same device, you will need to opt out (or set GPC for) that browser and device as well. More information about GPC is available at: https://globalprivacycontrol.org/.

How We Verify Requests

We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation of your request with the 10-day timeframe, please contact us at the toll-free number provided above or by using our webform.

When you submit a request to know/access, delete, or correct, we will take steps to verify your identity and the request by matching the information you provide with the information we have in our records. We may send an email to the email address that we have in our records asking you to verify that you made the request. We may also require additional information from you that is necessary to verify and respond to your request and you must provide us with all information that we request. You can provide us this information either through our toll-free telephone number or the webform provided above. We work to respond to a verifiable consumer request within forty-five (45) days of receiving it. If we require more time (up to ninety (90) days in total), we will inform you of the reason and the extension period in writing.

If we verify your request to know/access, we will provide you a report responding to your specific request, subject to the exceptions provided for in the CCPA. This report will include any Personal Information that our service providers or contractors have collected about your pursuant to their contractual obligations to us.

If we verify your request to delete, we will delete, and instruct our service providers, contractors, and all third parties with whom we have shared your Personal Information to delete, any Personal Information we have collected about you, subject to the exceptions provided for in the CCPA.

If we verify your request to correct, we will correct, and instruct our service providers and contractors to correct, the incorrect Personal Information at issue, subject to the exceptions provided for in the CCPA.

We will inform you if we cannot verify your request. If we cannot verify your request, the CCPA prohibits us from deleting, correcting, or providing you any information regarding what Personal Information we may have collected.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded and as permitted under the CCPA. If we determine that the request warrants a fee that is permitted under the CCPA, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We accept requests from authorized agents of California residents. If you are an authorized agent, we may require additional information and documentation, such as a valid power of attorney or written and signed authorization from the consumer. We may also require a valid email address for the consumer so that we can directly confirm the request and your authorization.

California Privacy Rights under California’s Shine-the-Light Law

Under California’s "Shine the Light" law, California residents who provide us their personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we may from time-to-time share with third parties for their own direct marketing use; such requests may be made once per calendar year for information about any relevant third party sharing in the prior calendar year. If you are a California resident and would like to make such a request, please submit your request in writing at customerservice@kahalamgmt.com, using the subject line "California Privacy Information." In your request, please attest to the fact that you are a California resident and provide a current California address. We will reply to valid requests by sending a response to the email address from which you submitted your request. Our response to you will be limited to information on covered sharing and the relevant details required by the Shine the Light law.

Changes to Our Privacy Policy

We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated policy on our website or mobile application and update the policy’s effective date. Your continued use of our website or mobile application following the posting of changes constitutes your acceptance of such changes.

How to Contact Us for More Information

We welcome your questions and comments about privacy. If you would like to contact us, or if you need to access this policy in and alternative format due to having a disability, please send us an e-mail at customerservice@kahalamgmt.com, or contact us at:

The Counter
9311 E. Via de Ventura
Scottsdale, AZ 85258
Phone: 866-452-4252
Fax: 480-362-4812