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FSC Privacy Policy

Last Updated: July 2021

This Privacy Policy applies to your access and use of the FSC, Beef O Brady’s, The Brass Tap and The Hatchery websites, mobile applications, loyalty program, digital stored value system, and other online programs (“FSC Online Services”). By accessing or using any of the FSC Online Services, you agree you have read and agree to be bound by this Privacy Policy.  If you don’t agree, please do not use any of the FSC online services.

When you use any of the FSC Online Services, we may collect information about you and we may share some of that information with third parties in certain circumstances.  This Policy will give you more details and information about such collection, use and sharing.

Our businesses are located in the United States.  Our online privacy practices are governed by the laws of the United States and the State of Florida.  By using any of the FSC Online Services, you understand and agree any information you submit or is gathered about you will be transmitted to and stored in the United States.  You further consent to the use and disclosure of that information accordance with applicable U.S. Federal and State laws and with this Privacy Policy.

This Privacy Policy may be updated and changed from time to time.  Please check periodically for changes.  Continued use of FSC Online Services after the effective date of changes indicates agreement to the new terms.
This Policy does not apply to the practices of companies, web sites, or apps that Breeze Thru does not own or control.

By using our Services, you consent to the collection and use of personal information as described in this Privacy Policy.

LIST OF TOPICS:

INFORMATION WE COLLECT

Personal Information. The types of information we collect that identify you or relate to you as an individual (“Personal Information“) may include things such as the following:

  1. Name, Date of Birth, mailing address, telephone number, e-mail address, username and password (for account administration), when you supply this information voluntarily
  2. Device ID, including IP address, which are automatically collected and, while they don’t identify you as an individual, do identify a particular computer
  3. Geolocation (if you are using a mobile application and you consent to this function, or if you activate the “find-a-store” function)
  4. Financial account information and other payment information (that you submit to us for order processing)
  5. Additional Personal Information you may submit as necessary for the administration of particular promotional events, such as sweepstakes or contests
  6. If you are applying for a franchise, date of birth, social security number, contact and employment information

Non-Personal Information. Other types of data will also be collected periodically, such as:

  1. Type of browser and operating system, mobile application usage data, and aggregated information such as “click stream” information which means entry and exit points (including referring URLs or domains), traffic statistics, page views, and impressions, all of which are collected automatically
  2. Demographic information you choose to submit and which we may combine on an anonymous basis with similar information from other users
  3. Information collected through cookies, web beacons, pixel tags and other technologies described in more detail later in the Cookies and Web Beacons section of this Privacy Policy
  4. Device Information – Device type, OS and identifier

HOW WE USE INFORMATION

  • Provide products and services to you;
  • Provide customer support and respond to your inquiries;
  • Send you surveys, contests, promotions or other programs;
  • Process orders and payment transactions;
  • Manage delivery services;
  • Offer promotions or conduct other marketing efforts;
  • Send you newsletters and other email communications if you sign up to receive them;
  • Create and manage your FSC loyalty program account;
  • Provide location-based services to you, such as to help you find a FSC location or send you notifications or messages based on your location (see “Location” section below for more information);
  • Enable your use of social-media functions via our mobile applications, such as sending information or offers to friends and family via the app or other social media — when you use this functionality, you acknowledge and agree you are permitted to use and provide us with your friend’s or family’s name and e-mail address;
  • Customize your experience, such as by providing personalized product information, purchase information, coupons and other offers;
  • Post your comments or statements when you participate on message boards or in our online forums;
  • Protect against and prevent fraud, unauthorized transactions, claims and other liabilities;
  • Assess your application for a FSC franchise;
  • If you submit information as a job applicant, evaluate your interest in employment and contact you regarding possible employment and continue to communicate with you regarding employment;
  • Operate, evaluate and improve our business (including developing new products and services; enhancing and improving our products and services; managing our communications; analyzing our products, services and customer base; performing data analytics; and performing accounting, auditing and other internal functions); and
  • Comply with and enforce applicable legal requirements, industry standards and FSC policies and terms, including our Terms of Use.
  • We also may use the information in other ways for which we provide specific notice at the time of collection.

We may operate a version of our website specifically designed to work with mobile devices.  The mobile website and our application may include a feature that uses geographic location information provided by your mobile device to identify stores in your vicinity.

THIRD-PARTY ANALYTICS SERVICES

We may use third party analytics services, such as Google Analytics.  The analytics providers that administer these services use technologies such as cookies, web beacons and web server logs to help us analyze your use of the FSC Online Services.  The information collected through these means (including IP address) may be disclosed to these analytics providers, and other relevant third parties who use the information to evaluate use of the FSC Online Services.  To learn more about Google Analytics and how to opt out, please visit:
https://www.google.com/intl/en/analytics/learn/privacy.html or
https://support.google.com/analytics/answer/181881?hl=en

TRACKING AND INTEREST-BASED ADVERTISING

We and third parties may collect information about your online and in-store activities to provide you with advertising about products and services tailored to your interests.  This section of our Privacy Notice provides details and explains how to exercise your choices.

You may see our ads on other websites or mobile apps based on your interactions with us because we participate in advertising networks.  Advertising networks allow us to target our messaging to users considering demographic data, users’ inferred interests and browsing context.  These networks track users’ activities over time by collecting information through automated means, including through the use of cookies, web server logs, web beacons and other technologies.  The networks use this information to show ads that may be tailored to individuals’ interests, to track users’ browsers or devices across multiple websites, and to build a profile of users’ activities.  The information our advertising networks may collect includes data about users’ visits to websites that participate in the relevant advertising networks, such as the pages or ads viewed, and the actions taken on the websites.  Accordingly, we and our third-party vendors may collect information about our visitors’ online activities, over time and across third-party websites.  This process also helps us track the effectiveness of our marketing efforts.  To learn about how to opt out of interest-based advertising in the U.S., click here and review the “Opt-Out Choices” section below for additional information about how to exercise your opt-out choices.  On your mobile device, your device settings may allow you to prohibit mobile app platforms (such as Apple and Google) from sharing certain information obtained by automated means with app developers such as FSC.

CROSS-DEVICE TECHNOLOGIES

We and third parties may use collected information to establish connections among related web browsers and devices (such as smartphones, tablets, and computers) for targeted advertising, analytics, attribution, and reporting purposes.  This information may be used to 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 they are used by the same person or household.  This means your online behavior (information about your activity on websites or apps on your current browser or device and your device’s geolocation) may be combined with information collected from your other browsers or devices.  For example, this information may be used 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.

LOCATION

We or our vendors may collect the geolocation (which may include specific longitude and latitude) of your mobile device based upon information identified by your mobile device by, for example, accessing your devices location services, when you allow such access, or by WiFi signals, beacons, Bluetooth or near field communication protocols.  We may use and share your mobile device’s geolocation together with personal information or other information to identify your local FSC restaurant, to provide you with personalized notifications or messaging (for example, you have a reward available) by email, push notification, online or in-app advertising, or by other means described in this Privacy Notice. See “Opt-Out Choices” section below to opt-out of location collection.  If you choose to opt out of location collection, certain functionality of the FSC Online Services may not be available.
Our websites are not designed to respond to “do not track” signals received from browsers.

FSC automatically receives and records information on our server logs from your browser, including your IP address, FSC cookie information, and the page you request.

USE OR SHARING OF PERSONAL INFORMATION

Except as set forth below, we will not knowingly disclose your Personal Information to anyone outside of FSC Franchise Co, LLC or our affiliated companies or franchisees (collectively “FSC”):

TO PERFORM SERVICES FOR YOU

We may disclose your Personal Information to third-party service providers to provide us with services such as website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services necessary to the FSC Online Services and services you request.

CORPORATE TRANSACTIONS OR EVENTS

We may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.

COMPLIANCE WITH LAW

We may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our affiliated companies; (6) to protect the rights, privacy, safety or property of FSC or others ; and (7) to enforce our terms and conditions.

FRANCHISE APPLICATIONS

We may disclose the personal information you submit on a franchise application to our business units, agents, parent company, Affiliates and to third parties as part of our consideration of application and to help conduct our franchise marketing efforts. We require our agents to respect our privacy practices and not use your personal information for purposes other than to carry out our instructions.

THIRD PARTY MARKETING

We may, from time to time, share the information you provide to us with selected third-party marketing partners that we believe offer products or services that may be of interest to you. If you would like us to stop providing your information to our third-party marketing partners, you may opt-out by emailing us at legal@fscfranchiseco.com  or sending a letter to 5660 West Cypress St. Suite A, Tampa, FL 33607.

OPT-OUT CHOICES

You may opt out of certain targeted marketing practices in web browsers and mobile applications by following the instructions below. Please note that you will need to opt out separately on all of your browsers and devices, as each opt-out will apply only to the specific browser or device from which you opt out.  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 some third parties may also make their own opt-out process available.  Please note even if you choose to opt-out of receiving targeted advertising, you may still receive advertising about FSC, but the ads will not be targeted based on behavioral information about you.

  • Web Browser Opt-Out  To opt out in web browsers, please visit the Network Advertising Initiative Consumer Opt-Out Page at www.networkadvertising.org/choices, and the Digital Advertising Alliance Consumer Choice page at www.aboutads.info/choices. Although our website does not respond to Do Not Track browser signals, some of our vendors may permit you to opt out using Do Not Track functionality.
  • Mobile Application Opt-Out  To opt out in mobile apps, please download the Digital Advertising Alliance’s AppChoices tool at www.aboutads.info/appchoices and adjust the advertising preferences on your mobile device.  For example, to adjust your advertising preferences in iOS, visit the tracking and advertising settings within the Settings functionality of your mobile device; to adjust your advertising preferences in Android, visit the opt-out of interest-based ads settings within the Settings functionality of your mobile device. You can also use the settings within your device to opt out of or turn off push notifications.
  • Location Opt-Out  Most mobile devices allow you to control whether a website or mobile application is allowed to collect your specific longitude and latitude information.  For example, Google and Apple provide the following links to instructions on how users can disable location services.

Some of the third parties display our ads on their services may provide you with additional choices to opt out of targeted advertising.  For example, social media providers may allow you to control your advertising preferences directly through their services.  Please review the privacy policies of the third-party services you use for more information.

YOUR OTHER CHOICES

To unsubscribe from marketing emails, click the “unsubscribe” link found in our marketing email messages. You may also contact us as described in “managing your account and communications preferences” section below to update your preferences, submit a request, or ask questions about this Privacy Notice.

USE OR SHARING OF NON-PERSONAL INFORMATION

Non-personal information may be used for any purpose not prohibited by law. For example, we may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all information that does not identify an individual (or that has been modified to remove individual identification).

COOKIES, WEB BEACONS AND ONLINE ADVERTISING

WHAT ARE COOKIES?

FSC and its agents use small text files called cookies, (collectively, “Cookies”). Cookies are small pieces of data we and our agents place in your computer’s browser to store your preferences. Cookies are not themselves personally identifiable, but may be linked to Personal Information you provide to us through your online interaction with us.  A Cookie will typically contain the name of the domain (internet location) from which the Cookie has come, the “lifetime” of the Cookie (i.e. when does it expire), and a value, usually a randomly generated unique number.

HOW WE USE COOKIES

We use Cookies so we can improve your online experience – for example, by remembering you when you come back to visit us, making the content you see more relevant to you, and the recognize your location if you choose to activate our “find-a-store” function or the function to remember your favorite location. Cookies also enable us to track online purchases made through the FSC Online Services.

YOUR CONTROL OF COOKIES

Web browsers allow some control of most Cookies through the browser settings. To find out more about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. Please understand, however, if you disable Cookies, some features of the FSC Online Services may not work as well (or at all) for you.

ONLINE ADVERTISING

We use Cookies and other technologies, such as pixel tags, web beacons, and clear GIF files, to help manage our online advertising program.  These technologies may enable us (or third-party advertising services we work with) to learn which advertisements bring users to the FSC Online Services.  They also may enable us (or third-party advertising services we work with) to track the actions of users online over time and across different web sites or platforms to measure statistics of our marketing efforts, and to deliver electronic advertisements that may be more relevant to individual consumers and that will improve the consumer experience.  For information about how tracking works for online advertising purposes, and what happens when you elect a do-not-track option, visit http://www.aboutads.info/choices.

ANALYTICS ON THE SITE

We also use third-party analytics such as Google Analytics to gather and analyze anonymous user information. Google Analytics is a web analytics service provided by Google, Inc. ("Google"), to collect information about use of the Site and Services. Google may use cookies to collect information about your purchase history, the content you view, what websites you visit immediately prior to and after visiting the Site, and your system information and geographic information. The information generated by the Google cookies about your use of the Services will be transmitted to and stored by Google. The information collected by Google allows us to analyze the use of our Site and Services, but does not identify you

SOCIAL NETWORKING AND THIRD-PARTY SITES

When you sign in or link to the FSC Online Services through any social networking service, such as Facebook, any information you supply (or have supplied) to us becomes subject to the privacy policy of that social network/service.  We do not control, and are not responsible for, the privacy practices of such networks or services.  You should consult the privacy policy of such networks/services.  If you post information in a public forum it becomes public information.  In addition, we may disclose your Personal Information in order to identify you to anyone to whom you send communications through the FSC Online Services, including through our gifting program.  The FSC Online Services may provide links to other sites or services.  If you use such other sites or services, check their privacy policies.  We are not responsible for the privacy practices of any other site or service.

CALIFORNIA RESIDENTS

Under California Civil Code sections 1798.83-1798.84, also known as the “Shine the Light Law,” any of our users who are California residents are entitled to request and receive once a year, free of charge, a notice from us describing what categories of personal customer information (if any) we shared with third parties or corporate affiliates for their direct marketing purposes during the preceding calendar year.  If applicable, the notice will identify the categories of information shared, the names and addresses of the third parties and affiliates with which information was shared.  If you are a California resident and would like to request a copy of this notice, please submit a written request to the following address: FSC Franchise Co, LLC, 5660 West Cypress St. Suite A, Tampa, FL 33763.  In your request, please specify that you want a “California Privacy Rights Notice.” Please allow at least thirty days for a response.

CHILDREN

The FSC Online Services are not intended for children under the age of 13.  We will not knowingly collect any personally identifiable information from children under the age of thirteen (13).  If we learn we have obtained any personally identifiable information about a children under the age of 13, we will delete that information.

SECURITY

We strive to use reasonable safeguards to help prevent loss, misuse and unauthorized access, disclosure or modification of Personal Information provided or collected through the FSC Online Services.  However, no system is perfect or can guarantee unauthorized access or theft might not occur.

RETENTION OF INFORMATION

Following termination or deactivation of any user account you may create, unless you request your information be deleted by contacting us, we may retain your information for back-up, archival, legal and audit purposes, and to reactivate your account upon your request.  In addition, we may retain and continue to use indefinitely all information contained in your communications to other users of the FSC Online Services posted to public or semi-public areas of the FSC Online Services after termination or deactivation of your user account.

MANAGING YOUR ACCOUNT AND COMMUNICATIONS PREFERENCES

To update or correct your Account information – or if you would like to stop receiving marketing communications from us via email or other methods – you may contact us at leagal@fscfranchiseco.com or send a letter to us at FSC Online Account Update/Correction, 5660 West Cypress St. Suite A, Tampa, FL 33607.

CHANGES AND UPDATES

We will notify you of changes to this Privacy Policy by posting the amended terms on the FSC.com website at least thirty (30) days before the effective date of the changes.  If you have provided us with your email address, we will also notify you of material changes to this Privacy Policy by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us.  We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so you may receive any notices we send to you regarding material changes to this Privacy Policy.  If you do not agree to the new terms, you should stop using the FSC Online Services, and if you are a registered user, you may cancel your account with us within the thirty (30) day period by contacting us at legal@fscfranchiseco.com and you will not be bound by the new terms.  Otherwise, the new terms will take effect after thirty (30) days.