Privacy Policy

Updated as of November 3, 2015

FOCUS Brands Inc. and its affiliates and subsidiaries (“FOCUS Brands,” “we” or “us”) value your privacy. For a list of many of the FOCUS Brands companies, see the end of this Privacy Policy (the “Policy”). In this Policy, we describe how we collect, use, and disclose information that we obtain about users of our websites (each a “Site” and together the “Sites”), our mobile applications (each an “App” and together the “Apps”), and the services available through our Sites and Apps (collectively, the “Services”). This Privacy Policy will apply to each FOCUS Brands Site or App that displays it; it does not apply to any websites, webpages, or mobile apps that are run or owned by any franchisees of one of the FOCUS Brands entities.

By using any of our Sites, Apps or Services, you agree that your personal information will be handled as described in this Policy. Your use of our Sites, Apps, and Services, and any dispute over privacy, is subject to this Policy and the Terms of Service for each Site or App.

Information We Collect About You

How We Use Your Information

How We Share Your Information

Our Use of Cookies and Other Tracking Mechanisms

Targeted Advertising and Ad Networks

User Generated Content

Plug-ins and Social Media Widgets

Testimonials

Third-Party Links and Plug Ins

Special Notice to California Consumers

Security of My Personal Information

Access to My Personal Information

What Choices Do I Have Regarding Use of My Personal Information?

Children Under 13

Security

Contact Us

Changes to this Policy

FOCUS Brands Entities

Information We Collect About You

We collect information directly from users, such as when they sign up to receive special offers or information from us, sign up for our rewards programs, download franchise kits, or register for an account with us. We also collect certain information automatically through your use of our Site or Services.

Information We Collect Directly From You. You can browse our Sites and our App, without registering or submitting your personal information to us. However to use certain Services (e.g., to sign up for rewards programs, enter contests, make a purchase or request a franchise kit form us), you must register with us or otherwise provide us with your name and other information. We may also collect information that you enter on our Site or provide to us in any other ways, such as through email or forms on our Sites. The type of information that we collect from you depends on your interaction with our us and your use of our Services, but may include: full name, mailing address, billing address, email address, payment information (if you make a purchase), location data, and any other information that you choose to provide.

Other Information about Your Activities and Interactions. We also collect information from you when you submit a review, comment or other content to our Site or App or on one of our social networking pages, and when you contact us. In addition, we track when you like us or share our content through Facebook, Twitter or other social networking platforms. Blogs on many of our sites are hosted by WordPress (to review their privacy policy, click here), or other third parties.

Information from Third Parties. We may collect lead information from third parties, including name, contact and other information. We also may collect information about any comments or reviews you post about us on third party sites.

Your Location . Our Apps may access your geolocation information (with your permission), and our Sites may also track your location information.

Other Information We Collect Automatically. We may automatically collect the following information about your use of our Sites and App through cookies and other technologies: log files; domain name; browser type and operating system; page views and related activities; IP address; the length of time you use our Services; access date and time; browser type; device ID or other mobile or app identifier; domain name; and referring URL. We may combine this information with other information that we have collected about you. Please see “Cookies and Other Tracking Mechanisms” section below for more information.

How We Use Your Information

We use your information, including your personal information, for the following purposes:

· To provide our Services to you, to communicate with you, to respond to your inquiries, and for other customer service purposes.

  • To process your orders or purchases.

· To make recommendations to you, to tailor the information that we send or display to you, to offer location customization, and to otherwise personalize your experiences.

· To send you targeted advertising, on our Sites, in our Apps, or on third party Sites.

· For marketing and promotional purposes, such as to send you news and newsletters, special offers and promotions, or to otherwise contact you about information we think may interest you.

· To better understand how users access and use our Sites, Apps and Services, in order to improve them, respond to user desires and preferences, and for other research, marketing and analytical purposes.

How We Share Your Information

We may share your information, including personal information, as follows:

· Other Users. Any information that you post on public areas of our Sites, such as reviews, comments, and photos, may be available to, and searchable by, all users of the Services. Reviews may also be viewable by non-registered visitors to our Sites.

· Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries for their own marketing, research, and other purposes. For example, if you request information about one of our franchises, we may share your information with other affiliated franchise companies that we think you may be interested in. In addition, if you sign up to receive information or updates from one of our affiliates, we may send you information from other affiliates if we think you may be interested.

· Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.

· Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.

· In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, subpoena, or other legal process.

· To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.

  • Aggregate Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

Our Use of Cookies and Other Tracking Mechanisms

We and our third party service providers use cookies and other tracking mechanisms to track information about your use of our Sites, App and Services. We may combine this information with other personal information we collect from you.

Cookies . Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Sites and Services, while others are used to enable a faster log-in process or to allow us to track your activities. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to manage how websites place cookies through your browser.

Clear GIFs, pixel tags and other technologies . Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Sites and App to, among other things, help us manage content, and compile statistics about usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Local Storage Objects . We may use Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions.

Third-party Analytics . We use third party analytics tools, including, but not limited to, Google Analytics and ClickDimensions, to collect, monitor and analyze this information in order to improve functionality and user-friendliness, and to better tailor the Services to our visitors’ needs. Accordingly, usage data is shared withGoogle and ClickDimensions, each of which have their own privacy policy addressing how they such information and any choices you may have about their collection and use of information. We encourage you to review these privacy policies.

Targeted Advertising and Ad Networks . We may send users targeted ads, based on their location and activities on our Sites and in the Apps. We may also participate in third party ad networks (including but not limited to Google Ads and Facebook Ads) and allow third parties to use cookies, pixel tags and other tracking technologies on the Sites to collect usage information and display targeted ads; these third parties may be able to associate the information they collect with other information they have about you from other sources.

We use third parties such as network advertisers to display advertisements on our Site and App, to assist us in displaying advertisements on third-party sites, and to evaluate the success of our advertising campaigns. Network advertisers are third parties that display advertisements based on your visits to our Site as well as other websites. This enables us and these third parties to target advertisements by displaying ads for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs, and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information about your usage of our Site, App, and Services.

Do-Not-Track. Our Sites does not honor browser do-not-track requests. However, you can find information on how to opt out of many website participating ad networks at the following sites: Network Advertising Initiative, and Digital Advertising Alliance. Please note that opting out does not prevent all targeted ads from being displayed to you. Also, if you delete cookies after opting out, your opt out may no longer be effective.

Special Notice to California Consumers

California residents may request a list of certain third parties to which we have disclosed personally identifiable information about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at contactus@focusbrands.com. Please allow up to thirty (30) days for a response.

Mobile App Users

If you download or use any of our Apps, and you agree to share your location information with us and receive push notifications from us, we will use your location information to send you customized notices, offers, and coupons. You can later opt out of push notifications or of sharing your location information. If you use an Apple iOS device, you can disable push notifications by turning them off for App you are using within the “Notifications Center” under the “Settings” menu; you may disable location information for an App by going to “Settings,” “Privacy,” and then “Location Services,” and turning off sharing for the particular App. For Android users, you can turn off these notifications through the Menu settings within our App.

User Generated Content

We invite you to post content to our Sites and Apps, including your comments, pictures, and reviews. Any content you post may be available to all Site visitors and App users, and we cannot prevent such information from being used in a manner that violates this Policy, the law, or your personal privacy.

Plug-ins and Social Media Widgets

Our Site may include social media features and widgets, such as the Facebook Like button and the “Share this” button, as well as other interactive mini-programs that run on our Site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. These features are displayed on our Site, but are hosted by third parties, and are subject to their own privacy policies, not this one. Your interactions with these features are governed by the privacy policy of the company providing them.

Testimonials

We display personal testimonials of satisfied customers on our site, in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at contactus@focusbrands.com.

Third-Party Links and Plug Ins

Our Sites and Apps may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.

Access To My Personal Information

You may modify certain personal information that you have submitted to us. If you wish to correct or delete any information you have provided to us, you may contact us by email at: contactus@focusbrands.com. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Sites or App for a period of time, and we may maintain records in our systems of this information as well.

What Choices Do I Have Regarding Use of My Personal Information?

We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.

Children Under 13

Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

Security

We have taken steps to help protect the information we collect about you from loss, misuse, unauthorized access, disclosure, alteration, and destruction. However, no data security measures can guarantee 100% security.

Contact Us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at contactus@focusbrands.com.

Changes to this Policy

This Policy is current as of the Last Updated date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Sites. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Sites.

FOCUS Brands Entities

FOCUS Brands owns a number of popular franchise brands. Our affiliates and subsidiaries include, but are not limited to: FOCUS Brands Holdings Inc.; Carvel Corporation; FOCUS Brands Rewards, Inc.; Schlotzsky’s Stores LLC; Moe’s Franchisor LLC; Cinnabon LLC; Schlotzsky’s Franchise LLC; Moe’s Stores LLC; Auntie Anne’s LLC; Auntie Anne’s Food; McAlister’s Louisiana LLC; and McAlister’s Corporation.