This Policy describes our collection, use, and disclosure of personal information and other information collected from Users.
In this Policy, “personal information” means any information that Focus Brands has collected and that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with a particular person or device.
We collect personal 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 (including personal information) automatically through Users’ use of our Sites and Services. If you would like to use our Sites and Services, but decide not to provide this personal information, certain Services may not be available to you.
Information We Collect Directly From You
You can browse our Sites without registering or submitting your personal information to us, but we will automatically collect certain information about your use of our Sites through web tracking technologies.
To use certain Services you must register with us or otherwise provide us with your name and other personal information. We may also collect personal information that you enter on our Sites or provide to us in any other ways, such as through email or forms on our Sites. The type of personal information that we collect from you depends on your interaction with us and your use of our Sites and Services, but may include:
Other Information about Your Activities and Interactions
We collect information from you when you submit a review, comment or other content to our Sites and when you contact us.
Information from Third Parties
We may collect personal information about potential customers and franchisees 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 websites.
Our Sites may access and collect your geolocation information in order to facilitate our Services, such as enabling the functionality of our Sites that provide you with information about stores near you. We may also use information about the location of the device you are using to help us understand how our Sites and other Services and functionality are being used and to deliver more relevant advertising. For most mobile devices and computer systems, you are able to withdraw your permission for us to collect this information by using the device or web-browser settings.
Other Information We Collect Automatically
We may automatically collect certain information – including personal information – about your use of our Sites through web tracking technologies, including, but not limited to: log files; domain name; browser type and operating system; page views and related activities; IP address; the length of time you use our Sites and Services; access date and time; browser type; device ID or other mobile identifier; and referring URL. We may combine this information with other information that we have collected about you.
We process and use your personal information if there is a legal justification for doing so. Below is an overview of the legal justifications for processing personal information, and why we use your personal information. Additional details on how we process your personal information may be provided to you in a separate notice or contract.
We do not sell or rent your personal information. We may share your information, including personal information, as follows:
Any information, including personal 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 Sites. Reviews may also be viewable by non-registered visitors to our Sites.
With your consent, we may disclose the personal information we collect from you to our affiliates or subsidiaries for their own research, and other purposes.
We may disclose the personal information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf, such as payment processors, hosting providers, auditors, advisors, consultants, customer service, and support providers.
In the event that we are involved in a potential or actual bankruptcy, merger, acquisition, reorganization, sale of assets, or similar event, your personal information may be sold or transferred as part of that transaction or anticipation of a possible transaction. This Policy will apply to your personal information as transferred to the new entity.
In Response to Legal Process
We may disclose the personal information we collect from you to a court, legal authority, adverse litigation party, legal counsel, and other advisors in connection with a judicial proceeding, court order, subpoena, or other legal process.
To Protect Us and Others
We may disclose the personal information we collect from you to a court, legal authority, government agency, adverse litigation party, legal counsel and other advisors where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the rights, property, and safety of Focus Brands or any other person; to enforce or administer our Terms and Conditions, this Policy, or another Focus Brands policy; or as evidence in litigation in which we are involved.
We or our third-party providers may share information that does not identify you. For example, we may share anonymous, aggregated statistics about Users with third parties for marketing, advertising, research, or similar purposes.
With Your Consent or at Your Direction
In addition to the sharing described in this Policy, we may share information about you with third parties whenever you consent to or direct such sharing, for example, to provide information about franchise opportunities with Focus Brands affiliates.
We and our third-party service providers may use tracking mechanisms to collect and track information about your use of our Sites and Services. We may combine this information with other personal information we collect from you. For example, we may use these technologies to:
Clear GIFs, pixel tags and other technologies
Clear GIFs are tiny graphics with unique identifiers, similar in function to cookies, which are alphanumeric identifiers transferred to a computer’s hard drive through a web browser for record-keeping purposes. 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 to, among other things, help us manage content, and compile statistics about usage. We and our third party service providers 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.
We may use local storage technologies, such as HTML5 or Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Typically, you cannot control, delete, or disable the acceptance of HTML5 or Flash LSOs through your web browser. For more information on HTML5 and Flash LSOs, or to learn how to manage your settings for HTML5 and Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions.
Our Sites do not honor browser do-not-track requests. However, you can find information on how to opt out of many participating website ad networks at the following websites: 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 or change devices, your opt-out may no longer be effective.
Nevada law allows consumers to direct certain businesses not to sell their personally identifiable information to third parties to license or sell that information to additional third parties. If you are a Nevada resident, you may submit such opt-out requests to firstname.lastname@example.org. To be effective, your request must include your full name, address, phone number, and email address. We will endeavor to respond to your verified request within 60 days of receiving the request. However, due to unforeseen circumstances, we may need to extend this period by up to 30 days. If an extension is reasonably necessary, we will notify you of this during the initial 60-day period.
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 our response. You may request this information in writing by contacting us at email@example.com. Please allow up to thirty (30) days for a response.
Any content you post to our Sites, may be available to all Users, and we cannot prevent such content from being used in a manner that violates this Policy, the law, or your personal privacy. We may review such User Generated Content, remove it, or combine such User Generated Content with other information we have collected about you and use it as described in this Policy. All User Generated Content is subject to our Terms and Conditions and the User Generated Content Terms and Conditions.
We display personal testimonials of satisfied customers on our Sites, 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 firstname.lastname@example.org.
Our Sites and Services 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. Please read their respective privacy policies for information about how these third parties handle the processing of personal information and other information. If you delete your account, to the extent permitted by applicable law, we will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements.
As a general rule, your personal information may be stored as long as the information is required to fulfill our legitimate business needs or the purposes for which the information was collected, or for as long as is required by law.
You can contact us by email at: email@example.com with questions or concerns regarding the retention period of your personal information.
You may modify certain personal information that you have submitted to us. If you wish to correct or delete any of the personal information you have provided to us, you may contact us by email at: firstname.lastname@example.org. 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.
Our Services are not targeted at children under 13 years of age.
No one under the age of 13 may provide any information to us through our Sites. We do not knowingly collect personal information from children under 13. If you are under 13, do not access, use, or provide any information on our Sites, or on or through any of their features.
If we discover that a child under 13, or equivalent minimum age depending on the jurisdiction, has provided us with personal information, we will delete such information from our systems. If you are a parent or legal guardian of a child under 13, or equivalent minimum age in the relevant jurisdiction, whom you believe has submitted personal information to us, please contact us at email@example.com.
The Services are headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of the Services may be collected in your country and subsequently transferred to, maintained, accessed and otherwise processed in the United States or another country by us or our service providers for the purposes mentioned above in accordance with applicable law. The privacy laws of these countries may not always offer the same level of protection as in your country.
We are committed to taking appropriate measures designed to keep your personal information secure. We have taken reasonable steps to help protect the information we collect about you from loss, misuse, unauthorized access, disclosure, alteration, and destruction. While we make considerable efforts to protect our information systems, no data security measures can guarantee 100% security. We encourage you to safeguard your passwords, ID numbers, or other special access features on our Sites.
If you have questions about the privacy aspects of our Sites or Services or would like to make a complaint, please contact us at firstname.lastname@example.org.
This Policy is current as of the “Updated as of” date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. The modified Policy will be effective immediately upon posting. 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, or by contacting you via email, if we have your email on file.
If you are interested in reviewing the privacy policies applicable to our brands, please click on the applicable link below:
Auntie Anne’s®: www.auntieannes.com/privacy
McAlister’s Deli®: www.mcalistersdeli.com/privacy