WHERE INFORMATION IS MAINTAINED AND USED
The Services are intended solely for users within the United States. Individuals outside of the United States should not use the Services or provide any data to FIC. By using the Services or providing us with data, you acknowledge and agree that your personal information may be transferred to, processed and/or maintained outside of your state, province or country, and where laws regarding processing of personal information may be less stringent than the laws in your location. By providing your data or using the Services, you acknowledge such transfer, processing and maintenance.
THE TYPES OF INFORMATION WE COLLECT
FIC collects information from you in various ways when you access or use the Services. We collect personal information from you in the following ways:
(a) Personal Information You Provide to Us.
We collect the information you voluntarily provide to us. For example:
- If you tell us where you are (e.g., by entering your city or zip code information), we may use that information to provide you with location-based information, such as the location of FIC restaurants near you.
- If you provide us feedback or contact us via email, we will collect your name, email address, phone number, mailing address, as well as any other relevant information, in order to send you a reply and for other purposes such as improving the quality of our products and services.
- If you sign up for the BFF club, we will collect all information you provide that relates to the BFF club registration process.
- We also collect other types of personal information that you provide to us voluntarily, such as any information requested by FIC if you contact us by phone or via email regarding support for the Services.
(b) Personal Information Collected Via Technology.
We collect certain information from you automatically when you access and use our Services as described below:
- Information Collected by our Servers. To make the Services more useful to you, our servers (which may be hosted by a third-party service provider) collect information from you, including, for example, web pages visited as well as the page visited prior to, or upon leaving, a site, your browser type, domain name, date/time stamp for your visit and your Internet Protocol (IP) address (a number that is automatically assigned to your computer or device when you use the Internet). We use this information to analyze trends, administer the Services, monitor for fraudulent activities and for the efficacy of our fraud management tools, and better tailor our Services to our users’ needs.
- Third-Party Analytics. We partner with third-party service providers to engage in analytics, auditing, measurement, research, and reporting, including, without limitation, based on person or other information collected over time, such as through your participation in the BFF club, your activity on the Services, your device’s geographic location (which may include specific longitude and latitude), and your activity on unaffiliated third-party websites, applications, or other online services (“Analytics Companies”). Our Analytics Companies may use web logs or pixel tags, and/or they may set and access cookies or other tracking technologies on your computer or other device. We may use this data in individual form, we may share information that does not, by itself, identify you individually and/or aggregated form, we may share information that does not, by itself, identify you individually and/or aggregated information and/or statistics with others outside of FIC, and we may allow third parties to collect and aggregate other information in connection with the use of tracking technologies. Your personal information may also be used for analytics related to tracking your activities on the Services, for example, whether you participated in the BFF club, and which links within our Services you clicked on. You may opt out of Google Analytics tracking by downloading the Google Analytics opt-out browser add-on, available at: https://tools.google.com/dlpage/gaoptout.
(c) Contest and Sweepstakes
Registration may be required to be eligible to enter online contests or sweepstakes. FIC may use the information you provide when registering to manage your entry; fulfill prizes; and, for other marketing and promotional purposes related to the contests or sweepstakes as disclosed on the rules applicable to a particular contest or sweepstakes.
(d) Facebook and Other Social Networking Services.
(e) Location Information.
We and/or our Analytics Companies may collect the geographic location (which may include longitude and latitude) of your mobile device based upon information identified by your mobile device by, for example, using satellite, cell phone tower, WiFi signals, beacons, Bluetooth and near field communication protocols. We may use and share your mobile device’s geographic location together with personal and other information to identify your local FIC restaurant, to provide you with personalized messaging or content and/or for marketing purposes by email, push notification, online or in-app advertising, or by other means. If you choose to opt-out of location collection, certain functionality of our Services may not be available.
(f) Categories of Information for California Customers.
In the last 12 months, FIC has collected the following categories of personal information from individuals:
|Type of Information
||Categories of Sources
||Business or commercial purposes
||Third parties with whom shared
|Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
- Indication of interest in franchise
- Social media
- Web app
- Third party Delivery
- On-line ordering
|Categories under California Civil Code Section 1798.80, which includes, in addition to some of the above information, signature, physical characteristics or description, telephone number, state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
||In addition to the above, our gift card vendor collects payment information when gift cards are purchased, the payment information is not shared with FIC
||Sell gift cards
|Characteristics of protected classifications under California or federal law.
|Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
||Comments, questions, complaints, customer feedback, on-line ordering, third party delivery
||Obtain guest feedback, respond to consumer issues
|Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
||Cookies as described in this Policy
||Tracking of web visitors
|Audio, electronic, visual, thermal, olfactory, or similar information.
|Professional or employment-related information.
||Employees, recruiters, web forms, other vendors
||Human Resources and benefits
||Vendors, third party administrators of benefit plans
|Education information that is not publicly available including personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
|Inferences drawn from any of the above information used to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
FIC has not sold [or disclosed for business purposes] any personal information subject to the CCPA in the last 12 months.
HOW WE USE YOUR INFORMATION
We use the information we collect from all of our Services for a number of purposes, including to provide, maintain, protect and improve them, to develop new ones, and to protect FIC and our users.
(a) General Use.
In general, we use your personal information to respond to your requests as submitted through the Services or to aid us in serving you better.
We use your personal information to do the following:
- identify you as a user in our system;
- provide improved administration of our Services;
- improve the quality of experience when you interact with our Services;
- solicit your feedback;
- provide customized content or personalized promotions; and
- send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of FIC.
We may combine personal information from one Service with information, including personal information, from other Services or from Affiliates.
(b) Targeted Marketing.
We and our Analytics Companies may implement and evaluate our marketing activities and the BFF club, including to engage in targeted and personalized online advertising on the Services, in third-party website, application, television, or other online or offline services operated by third parties. This marketing may be targeted to you based on personal or other information collected over time, such as through your participation in the BFF club, your activity on the Services, your device’s geographic location (which may include longitude and latitude), your activity on unaffiliated third-party websites, applications, or other online services, other marketing activities and programs, and/or from third parties with whom we work. We and our Analytics Companies may use tracking technologies to collect information for such marketing and evaluation purposes. We and our Analytics Companies may also identify whether our marketing activities and the BFF club resulted in you engaging in other activities on our Services, our advertising and/or marketing, making purchases from us and/or our franchisees, or otherwise engaging with us. In addition, we and our Analytics Companies may target FIC ads to you on your television or other online services if we or our Analytics Companies have identified you as a FIC customer using information we share with them, such as your name, email address, or mailing address.
(c) Cross-Device Technologies.
We and our Analytics Companies may use collected information to establish connections among related web browsers and devices (such as smartphones, tablets, computers, and televisions) for targeted advertising, analytics, attribution, and reporting purposes. We and/or our Analytics Companies may match your browsers or devices if you log into the same online service on multiple devices or if your devices share similar attributes that support an inference that they are used by the same person or household. This means that your online behavior (i.e., information about your activity on websites or applications on your current browser or device and your device’s geographic location, which may include specific longitude and latitude) may be combined with information collected from your other browsers or devices. For example, our Analytics Companies may use this information to deliver an ad on your tablet or smartphone, to limit the number of times you see an ad across your devices, and to help measure the effectiveness of advertising campaigns across devices.
(d) Opt-Out Choices.
You may opt out of certain of our or our Analytics Companies’ targeted marketing practices in web browsers by following the instructions below. Please note that the opt out will apply onto the specific browser or devices from which you opt out. You will need to opt out separately on all of your browsers and devices. If you delete or reset your cookies or mobile identifiers, change browsers, or use a different device, any opt-out cookie or tool may no longer work, and you will have to opt out, again. Note that some service providers may also make their own opt-out processes available. Please note that even if you choose to opt out of receiving targeted advertising, you may still receive advertising about FIC, but it will not be tailored to your interests.
- Web browser opt-out: To opt out in web browsers, please visit the Network Advertising Initiative Consumer Opt-Out page at networkadvertising.org/choices and the Digital Advertising Alliance Consumer Choice page at www.aboutads.info/consumers. You may opt out of the user cookies by Adobe Analytics tracking by visiting: http://www.adobe.com/privacy/opt-out.html.
- Location opt-out: If you do not want FIC to use your specific longitude and latitude information for target marketing purposes, you may adjust your location preferences on your computer, browser or mobile device.
If you would like to request that FIC limit the use or sharing of your personal information or other targeted marketing purposes or other online service based on your personal information, please contact us at firstname.lastname@example.org. If you are a California resident, you have additional rights as described below. If your personal information has previously been shared with other service providers or other third parties, any request to limit such sharing may not be effective with respect to such previously shared personal information. Some of the Analytics Companies that display our ads on their services may provide you with additional choices to opt out of targeted advertising. Please review the privacy policies of the third-party services you use for more information.
(e) Creation of Anonymous Data.
DISCLOSURE OF YOUR PERSONAL DATA.
NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS (AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83)
A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL INFORMATION TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY EMAILING FIC AT email@example.com; CALLING US AT 1-844-869-5650, OR CONTACTING US THROUGH OUR WEBSITE AT https://talktofriendlys.smg.com/. PLEASE NOTE THAT WE ARE ONLY REQUIRED TO RESPOND TO TWO REQUESTS PER CALIFORNIA CUSTOMER EACH YEAR.
(a) Third-Party Service Providers.
We may share your personal information with third-party service providers to: (i) provide you with the Services that we offer you through our Services; (ii) to conduct quality assurance testing; (iii) to facilitate the creation of accounts; (iv) to process payments; (v) to provide technical support; and/or (vi) to provide other services to you.
(c) Corporate Restructuring.
(d) Social Networking Sites.
(e) Other Disclosures.
A NOTE ABOUT CHILDREN
We do not intentionally gather personal information about Site visitors who are under the age of 13. Furthermore, we do not intentionally allow Site users under the age of 18. If you are under the age of 18, please do not provide us any personal information or use the Services without receiving your parent’s or guardian’s permission. If a child under 13 submits personal information to FIC and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any personal information from a child under 13, please contact us at firstname.lastname@example.org or write us at FIC Restaurants, Inc, 1855 Boston Road, Suite 200, Wilbraham, MA 01095, Attn: Guest Relations Team.
LINKS TO OTHER SITES
YOUR CHOICES REGARDING YOUR INFORMATION.
You have several choices regarding use of information on our Services.
If you decide at any time that you no longer wish to accept cookies from our Site for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Services.
(b) How We Respond to Do Not Track Signals.
Some web browsers transmit “do not track” signals to the websites and other online services with which your web browser communications. There is currently no standard that governs what, if anything, websites should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard is established, we may revise our policy on responding to these signals.
We work hard to protect FIC and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:
- We encrypt some of our Services using SSL.
- We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
- We restrict access to personal information to FIC employees, consultants, contractors and agents who need to know that information in order to process it for us and who are subject to contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.
ADDITIONAL RIGHTS OF CALIFORNIA RESIDENTS
Under the CCPA, California residents have additional rights. These include the following:
(a) You have a Right to Know About Personal Information Collected, Disclosed, or Sold.
California residents have the right to request that FIC disclose what personal information it collects, uses, discloses, and sells. This is called the “Right to Know”. Under the Right to Know, you can request a listing of the types of personal information we have collected about you, the sources of that information, how we use the information (e.g., our business or commercial purposes for collecting or selling personal information), other individuals and business with whom we share personal information, and the specific pieces of personal information that we have collected about you.
If you would like the above information or a copy of the information we have about you, you may contact us through our webpage https://talktofriendlys.smg.com/, customer service 1-844-869-5650, or via email at email@example.com. When you make a request under your Right to Know, you can expect the following:
- We will verify your identity. You will need to provide us with the email address and certain personal information like a birthdate to verify that you are who you say you are.
- We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us at the webpage or phone number listed below.
- We will respond to your request within 45 days. If necessary, we may need an additional period, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.
- In certain cases, a Request to Know may be denied, for example, if we cannot verify your identity or if providing you the information could create an unreasonable risk to someone’s security (we do not want very sensitive information disclosed inappropriately). If we deny your request, we will explain why we denied it. If we deny a request, we will still try to provide you as much of the information as we can, but we will withhold the information subject to denial.
We may choose not to supply such information more than twice in any 12-month period. We also may not provide you information that we did not retain, e.g., if it was collected for a single, one-time transaction.
More information about the types of information we collect and how we use it is provided above under the section titled Categories of Information for California Customers
(b) You have a Right to Request Deletion of Personal Information about You.
California residents have a right to request the deletion of their personal information collected or maintained by FIC. If you would like information about you to be deleted, you may contact us through our webpage or customer service number. Contact information is at the bottom of this section. When you make a request for deletion, you can expect the following:
- After you request deletion, you will need to confirm that you want your information deleted.
- We will verify your identity. You will need to provide us with the email address used to register, birthdate, and other personal information to verify you are who you say you are.
- We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us at the webpage or phone number listed below.
- We will respond to your request within 45 days. If necessary, we may need an additional period of time, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.
- In certain cases, a request for deletion may be denied, for example, if we cannot verify your identity, the law requires that we maintain the information, or if we need the information for internal purposes. If we deny your request, we will explain why we denied it, and delete any other information that is not protected from deletion.
(c) No Sale of Personal Information
FIC does not sell personal information.
(d) Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
You have a right not to receive discriminatory treatment by FIC for exercising any of your privacy rights conferred by the CCPA. FIC will not discriminate against any California resident because such person exercised any of the consumer’s rights under CCPA, including, but not limited to:
- Denying goods or services.
- Charging different prices or rates for goods and services, including through the use of discounts or other benefits or imposing penalties.
- Providing a different level or quality of goods or services.
- Suggesting that the California consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.
FIC may, however, charge a different price or rate, or provide a different level or quality of goods or services, if that difference is related to the value provided to you by your data.
(e) Authorized Agents
If you would like, you may designate an authorized agent to make a request under the CCPA on your behalf. We will deny requests from agents that do not submit proof of authorization from you. To verify that an authorized agent has authority to act for you, we may require a copy of a power of attorney or require that you provide the authorized agent with written permission and verify your own identity with us.
FIC Restaurants, Inc.
1855 Boston Road, Suite 200
Wilbraham, MA 01095
and direct all communications to the General Counsel.
If you have any general questions, please contact us at: 1‑844‑869‑5650
Last Updated: January 30, 2020