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PRIVACY POLICY

Last Updated: December 2016

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

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

Our business is located in the United States. Our online privacy practices are governed by the laws of the United States and the State of Mississippi. By using any of the Newk’s Online Services, you understand and agree that 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 United States 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 Newk’s Online Services after publication of changes indicates agreement to the new terms.

Links to Specific Topics

Information We Collect

How We Use Information

Use or Sharing of Personal Information

Use or Sharing of Non-Personal Information

Cookies, Web Beacons and Online Advertising

Social Networking and Third Party Sites

Children

Security

Retention of Information

Changes/Update

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:

  • Name, date of birth, mailing address, telephone number, e-mail address, username and password (for account administration), when you supply this information voluntarily
  • Device ID, including IP address, which are automatically collected and, while they don’t identify you as an individual, do identify a particular computer
  • Geolocation (if you are using a mobile application and you consent to this function)
  • Financial account information and other payment information (that you submit to us for order processing)
  • Additional Personal Information you may submit as necessary for the administration of particular promotional events, such as sweepstakes or contests
  • 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: 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
  • Demographic information you choose to submit and which we may combine on an anonymous basis with similar information from other users
  • 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
  • Device Information – Device type, OS and identifier

HOW WE USE INFORMATION

We may use Personal Information about you for purposes described in this Privacy Policy or as otherwise disclosed to you through the Newk’s Online Services. This includes the following:

  • Process and manage your purchase and use of our products and services
  • Respond to your inquiries or requests, and to post your comments or statements on message boards or in our online forums
  • Create and deliver personalized promotions based on your purchases and other interactions with us
  • Send you communications about offerings from Newk’s and our affiliated companies
  • Enable your use of social-media functions via our mobile app, 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 that you are permitted to use and provide us with your friend’s or family’s name and e-mail address
  • Improve our online services, including to perform data analysis, audits, fraud monitoring and prevention, identify usage trends, determine the effectiveness of our promotional campaigns, and to operate and expand our business activities
  • Assess your application for a Newk’s Eatery franchise

If you provide contact information to us, such as a postal or e-mail address, we may use this information to contact you with information about us and/or our special offers. You can opt-out of receiving these communications from us at any time by (1) following instructions in the communication, if any or (2) by emailing us at mynewks@newks.com or sending a letter to 2680 Crane Ridge Drive, Jackson, Mississippi 39216, Attention: Marketing Department.

USE OR SHARING OF PERSONAL INFORMATION

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

  • 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 Newk’s 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 Newk’s 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 that 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. If you opt-in to receive marketing communications from third parties, we may, from time to time, share the information you provide to us with a few carefully 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 mynewks@newks.com  or sending a letter to 2680 Crane Ridge Drive, Jackson, Mississippi 39216, Attention: Marketing Department.

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? Newk’s and its agents use small text files called cookies (“Cookies”). Cookies are small pieces of data that 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 that 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 that we can improve your online experience – for example, by remembering you when you come back to visit us, and making the content you see more relevant to you. Cookies also enable us to track online purchases made through the Newk’s 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 Newk’s 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 Newk’s 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 opt-out information, 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.

SOCIAL NETWORKING AND THIRD PARTY SITES

When you sign in or link to the Newk’s 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 Newk’s Online Services, including through our gifting program. The Newk’s 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.

CHILDREN

The Newk’s 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 that we have obtained any personally identifiable information about a children under age 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 Newk’s Online Services. However, no system is perfect or can guarantee that unauthorized access or theft might not occur.

RETENTION OF INFORMATION

Following termination or deactivation of any user account you may create, unless you request that 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 Newk’s Online Services posted to public or semi-public areas of the Newk’s Online Services after termination or deactivation of your user account.

CHANGES AND UPDATES

We will notify you of changes to this Privacy Policy by posting the amended terms on the Newk’s.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 that 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 Newk’s 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 mynewks@newks.com and you will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days.