PRIVACY POLICY
Melvin’s Homemade Ice Cream and Espresso Bar
Last Updated: March 31, 2025
INTRODUCTION
At Melvin’s Homemade Ice Cream and Espresso Bar (“Melvin’s,” “we,” “us,” or “our”), we value your privacy and are committed to protecting your personal information. This Privacy Policy describes how we collect, use, store, share, and protect the information we gather about you when you visit our website (https://ilovemelvins.com/), use our services, or interact with us in person at our location in San Antonio, TX.
This Privacy Policy complies with applicable privacy laws, including the Texas Data Privacy and Security Act (TDPSA), which became effective on July 1, 2024.
By visiting our website, making a purchase, signing up for our loyalty program, or otherwise engaging with our services, you agree to the practices described in this Privacy Policy.
INFORMATION WE COLLECT
Personal Information
We may collect the following personal information:
- Contact Information: Name, email address, phone number, and postal address
- Payment Information: Credit card details, billing address (note that we process payments through secure third-party payment processors)
- Order History: Records of your purchases and preferences
- Loyalty Program Information: Membership details, points accumulated, rewards redeemed
- Communication Records: Emails, messages, or other communications between you and us
- Account Information: Login credentials (if you create an account on our website)
- Feedback and Reviews: Any reviews, comments, or feedback you provide
Sensitive Personal Data
Under the Texas Data Privacy and Security Act (TDPSA), certain information is classified as “sensitive data” and requires special handling. This includes:
- Precise Geolocation Data: Location data that is accurate within 1,750 feet
- Biometric Data: Data used to identify an individual based on biological characteristics
- Data from Known Children: Personal information from individuals under the age of 13
- Health Information: Information about health conditions or medical treatments
- Specific Demographic Information: Data revealing racial or ethnic origin, religious beliefs, or sexual orientation
We only collect sensitive data with your explicit consent or as permitted by law.
Information Collected Automatically
When you visit our website, we may automatically collect:
- Device Information: IP address, browser type, operating system.
- Usage Information: Pages visited, time spent on pages, links clicked.
- Location Information: General location based on your IP address.
- Cookies and Similar Technologies: We use cookies and similar technologies to enhance your experience on our website. For more information, please see the “Cookies and Similar Technologies” section below.
Information from Third Parties
We may receive information about you from third parties, such as:
- Social media platforms (if you interact with us through social media)
- Online review platforms
- Business partners or service providers
HOW WE USE YOUR INFORMATION
We use your personal information for the following purposes:
- To provide our products and services to you
- To process and fulfill your orders
- To manage your loyalty program membership
- To personalize your experience
- To communicate with you about your orders, account, or requests
- To send you marketing communications, promotions, and updates about our menu items (with your consent)
- To improve our website, products, and services
- To respond to your inquiries, comments, or concerns
- To maintain the security of our website and physical location
- To comply with legal obligations
- To prevent fraud and protect our rights and the rights of others
Limitation on Collection and Use
In accordance with the Texas Data Privacy and Security Act (TDPSA), we limit our collection of personal data to what is adequate, relevant, and reasonably necessary in relation to the purposes for which such data is processed, as disclosed to you. We will not process personal data for purposes that are neither reasonably necessary to nor compatible with the disclosed purposes for which such personal data is processed, unless we obtain your consent.
Processing of Sensitive Data
We will not process sensitive data without first obtaining your consent, or in the case of a known child, without first obtaining parental consent in accordance with the Children’s Online Privacy Protection Act (COPPA).
HOW WE SHARE YOUR INFORMATION
We may share your personal information with the following recipients:
- Service Providers: Third-party vendors who provide services on our behalf, such as payment processing, website hosting, email delivery, and marketing assistance
- Business Partners: Companies we partner with to offer joint promotions or services
- Legal Authorities: When required by law, court order, or governmental regulation
- Business Transfers: In connection with a merger, acquisition, or sale of all or a portion of our assets
We do not sell, rent, or lease your personal information to third parties.
DATA SECURITY
As required by the Texas Data Privacy and Security Act (TDPSA) and other applicable laws, we implement appropriate technical and organizational measures to protect your personal information against unauthorized access, accidental loss, destruction, or damage. We establish, implement, and maintain reasonable administrative, technical, and physical data security practices that are appropriate to the volume and nature of the personal data we process.
Our security measures include:
- Using secure, encrypted connections for payment processing
- Limiting access to personal information to authorized personnel
- Regularly updating our security practices and technology
- Employee training on data security and privacy
- Physical security measures at our business location
- Secure disposal of data when no longer needed
However, no method of electronic transmission or storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
COOKIES AND SIMILAR TECHNOLOGIES
Our website uses cookies and similar technologies to enhance your browsing experience, analyze website traffic, and personalize content. Types of cookies we use may include:
- Essential Cookies: Necessary for the website to function properly
- Analytical/Performance Cookies: Help us understand how visitors interact with our website
- Functionality Cookies: Allow the website to remember choices you make
- Targeting Cookies: Record your visit to our website, the pages you visit, and the links you follow
Opt-Out Rights and Universal Opt-Out Mechanisms
In accordance with the Texas Data Privacy and Security Act (TDPSA), we respect your right to opt out of the sale of your personal data, targeted advertising, and profiling. Beginning January 1, 2025, we honor universal opt-out mechanisms that clearly communicate your choice to opt out of the sale of your personal data and targeted advertising.
You can control cookies through your browser settings. However, disabling certain cookies may affect your experience on our website. Additionally, you can exercise your opt-out rights by:
- Adjusting your preferences in the Cookie Consent Banner when you first visit our site
- Contacting us directly using the information in the “Contact Us” section
YOUR PRIVACY RIGHTS
Rights Under the Texas Data Privacy and Security Act (TDPSA)
If you are a Texas resident, the Texas Data Privacy and Security Act (TDPSA) provides you with specific rights regarding your personal information. These rights include:
- Right to Confirm and Access: You have the right to confirm whether we are processing your personal data and to access that data.
- Right to Correction: You have the right to correct inaccuracies in your personal data.
- Right to Deletion: You have the right to request the deletion of personal data provided by you or obtained about you.
- Right to Data Portability: You have the right to obtain a copy of your personal data in a portable and readily usable format, when technically feasible.
- Right to Opt Out: You have the right to opt out of the processing of your personal data for purposes of targeted advertising, the sale of personal data, or profiling.
- Right to Appeal: You have the right to appeal our decision if we decline to take action on your request.
We will respond to your requests within 45 days. If necessary, we may extend this period by an additional 45 days when reasonably necessary, provided we inform you of the extension within the first 45-day period.
Additional Privacy Rights
Depending on your location, you may have additional rights regarding your personal information, which may include:
- Right to Restrict Processing: Request that we restrict the processing of your information
- Right to Object: Object to our processing of your personal information
- Right to Withdraw Consent: Withdraw consent where we rely on consent to process your information
To exercise any of these rights, please contact us using the information provided in the “Contact Us” section below.
RETENTION OF INFORMATION
We retain your personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. The criteria used to determine our retention periods include:
- While we have an ongoing relationship with you
- Whether there is a legal obligation to which we are subject
- Whether retention is advisable considering our legal position
CHILDREN’S PRIVACY
Our services are not directed to individuals under the age of 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information, please contact us. If we learn that we have collected personal information from a child under 13, we will take steps to delete such information as soon as possible.
CHANGES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. The updated policy becomes effective when posted, and the date of the latest revision will appear at the top of this page. We encourage you to review this Privacy Policy periodically.
THIRD-PARTY LINKS
Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of these third-party sites. We encourage you to read the privacy policies of these websites before providing any personal information to them.
DATA PROTECTION ASSESSMENTS
In accordance with the Texas Data Privacy and Security Act (TDPSA), we conduct and document data protection assessments for certain processing activities that may present a heightened risk of harm to consumers. These activities include:
- Processing personal data for targeted advertising purposes
- Selling personal data
- Processing personal data for profiling purposes
- Processing sensitive data
- Other processing activities that present a heightened risk of harm to consumers
These assessments help us evaluate and minimize potential risks to your privacy while ensuring compliance with applicable laws.
CONTACT US
If you have any questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us at:
Melvin’s Homemade Ice Cream and Espresso Bar
226 W Bitters Rd, Ste. 124
San Antonio TX 78216
Phone: 210-483-7600
Email: info@ilovemelvins.com
For inquiries specifically related to exercising your rights under the Texas Data Privacy and Security Act, please email info@ilovemelvins.com or call our dedicated privacy line at 210-483-7600.
CALIFORNIA PRIVACY RIGHTS
If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA). These rights include:
- The right to know what personal information we collect and disclose
- The right to delete certain personal information
- The right to opt-out of the sale of personal information
- The right to non-discrimination for exercising your privacy rights
To exercise these rights, please contact us using the information in the “Contact Us” section.
TEXAS DATA PRIVACY RIGHTS
If you are a Texas resident, the Texas Data Privacy and Security Act (TDPSA) provides you with specific privacy rights as detailed in the “Your Privacy Rights” section above. In addition:
- We will not discriminate against you for exercising any of your TDPSA rights
- We will maintain a process for you to appeal a decision we make regarding your request to exercise your rights
- We will provide information you request at least twice annually per consumer without charge, unless the request is manifestly unfounded, excessive, or repetitive
- If we deny your appeal, we will provide you with a method to contact the Texas Attorney General to submit a complaint
For more information about your rights under the TDPSA, please visit the Texas Attorney General’s website.
INTERNATIONAL TRANSFERS
If you are accessing our services from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located. By using our services, you consent to transferring your information to the United States, which may have different data protection laws than those in your country.
This Privacy Policy was last updated on April 3, 2025.