PRIVACY POLICY

Last updated: January 6, 2020

This Privacy Policy describes the information practices of Marco’s Franchising, LLC and, as applicable, its affiliates, subsidiaries, parents, and other related entities (collectively, “Marco’s” and referred to herein as “we”, “us”, or “our”, as applicable). Please take a moment to read through this Privacy Policy so you understand how Marco’s collects, uses, and shares the information it collects from you, and your choices regarding our collection and use of such information.

This Privacy Policy applies to this website located at www.marcos.com and any other online and mobile websites, blogs, social media pages, and mobile applications operated by Marco’s on behalf of itself and its franchisees (collectively, the “Sites”). The terms of this Privacy Policy apply to all users of the Sites.

TYPES OF INFORMATION WE COLLECT

Marco’s collects information on consumers from various sources, including (i) information that you directly provide via the Sites, electronic mail, social media,(ii) information automatically collected from all users of our Sites through cookies or other similar methods; and (iii) information obtained from other third-party sources, such as our independent franchisees, social networks (when you either reference Marco’s or grant permission for us to access your data on one or more of these services), partners with which we offer co-branded services, sell or distribute our products, or engage in joint marketing activities, and publicly-available sources.

Some of the information we collect is personally-identifiable information that either identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). The following provides examples of the type of Personal Information that we collect from you and how we use that Personal Information:

  • Contact: name, address, telephone number(s), e-mail addresses, and other contact information that is collected when you create an account or if you place an order with us so we can contact you.
  • Account: username, passwords, and other information that we require in order for us to authenticate and securely provide account access.
  • Payment: credit/debit card information, gift card information, payment method, postal code, billing address and other information necessary to process your payment.
  • Order: product selections, customizations, Payment information and other order-related data to process your order.
  • Applicant Information: name, telephone number(s), e-mail address, postal address, education history, employment record eligibility.
  • Cookies and first party tracking: We use cookies and clear GIFs. “Cookies” are small pieces of information that a website sends to a computer’s hard drive while a website is viewed. See the “Consumer Privacy” section for more information on cookies.
  • Cookies and third party tracking: We participate in behavior-based advertising, this means that a third party uses technology (e.g., a cookie) to collect information about your use of our website so that they can provide advertising about products and services tailored to your interests on our website, or on other websites.
  • Geo-location: device location, whether through latitude/longitude coordinates or derived from an IP address or other data that provides a city or postal code location in order for us to provide you region-specific menu options and to direct you to the nearest Location to you.
  • Device: operating system and browser used on your device, your internet service provider, regional and language settings, IP address, MAC address, device advertising ID, and other unique identifying information broadcast from your device when visiting our website. This allows us to remember your preferences, identify unique visitors to our Sites, and helps us understand how users interact with us on their devices.
  • Mailing List: When you sign up for one of our mailings lists we collect your email address or postal code to keep in touch with you.
  • Service usage: views and engagement with our features, emails/advertisements, Sites, and products, including the date and time the services are viewed and/or used, the internet address of the website from which you linked directly to the Sites, and other similar information so we can understand how you interact with our Sites.
  • Feedback: contents of feedback, comment cards, customer support requests, social media posts and interactions, and other messages you send to us, which will include your name, e-mail address, as well as any other content that you send to us, in order for us to reply to you.
  • Partner Promotion: We collect information that you provide as a apart of a co-branded promotion with another company.
  • Sweepstakes or contests: When you participate in a sweepstakes or contest we collect information about you which includes contact information to notify you if you are selected.

In addition to the information that we collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources.

USING INFORMATION

Marco’s uses Personal Information for legitimate business purposes, which include processing your orders and sending related communications, providing services and support to users, administering user accounts, responding to customer feedback, questions, and comments, maintaining and protecting the security and integrity of our systems, improving our Sites, advertisements, products, and services, sending marketing communications/promotional offers and serving you digital advertisements tailored to your interests (with your consent only), and any other lawful purposes. In addition, we use information in the following ways:

  • To identify you when you visit our websites or our stores.
  • To improve our services and product offerings.
  • To streamline the order placement process.
  • To conduct analytics.
  • To respond to inquiries related to support, employment opportunities, or other requests.
  • For internal administrative purposes, as well as to manage our relationships.

Our Sites use “cookies” and other tracking technologies, such as web beacons, to automatically collect information (including Personal Information) on all users. Cookies are small data files that are sent by a web server to be stored on our device’s hard drive. Cookies allow Marco’s to recognize your device when you are using the Sites, which makes your user experience online more customized and efficient. You do not need to enable cookies to visit our Sites; however, some aspects of the Sites may be difficult or impossible to use if cookies are disabled. For information on your rights and choices on how Marco’s uses your information, please see the “Consumer Privacy” section below.

STORING INFORMATION

We store all information we collect, including Personal Information electronically in our computer databases. We own, maintain and operate our computer servers containing our databases. Access to our computer servers is controlled by firewalls and security gatekeepers. However, no method of electronically transmitting or storing data is ever completely secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your personal information. In the event that we are required by law to inform you of a breach to your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

Where our Sites permit you to create an account, you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.

SHARING INFORMATION

Marco’s does not sell personal information to third parties. Nonetheless, In addition to the specific situations discussed elsewhere in this policy, we disclose information in the following situations:

  1. Affiliates and Acquisitions. We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we will also share information with that company, including at the negotiation stage.
  2. Other Disclosures with Your Consent. We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this policy.
  3. Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third party intermediary.
  4. Public. Some of our Sites may provide the opportunity to post comments, or reviews, in a public forum. If you decide to submit information on these pages, that information may be publicly available.
  5. Partner Promotion. We may offer contests, sweepstakes, or other promotions with third party partners. If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third party partner the information that you provide will be shared with us and with them. Their use of your information is not governed by this privacy policy.
  6. Service Providers. We share your information with service providers. Among other things service providers help us to administer our Site, conduct surveys, provide technical support, and process payments.

LINKS TO OTHER WEBSITES

Our Sites may contain links to other third-party websites not owned, operated, maintained by or related to Marco’s (“Third-Party Sites”). Any such hyperlinks are to be accessed at the user’s own risk. We are not responsible for the content, privacy practices, data collection, policies, or any other aspect of a Third-Party Site, even if our Sites contain a link to such site. This Privacy Policy does not apply to Third Party Sites, and we encourage you to independently read and understand each Third-Party Site’s own privacy policies. The presence of a link to a Third-Party Site does not necessarily indicate that such Third-Party Site is sponsored by or affiliated with Marco’s in any way.

CONSUMER PRIVACY

  • Cookies: Web browser applications (such as Microsoft Internet Explorer, Google Chrome, Firefox and Apple Safari) typically have features that prevent cookies from being sent or notify you when they are sent. You will need to update your browser’s cookie settings in accordance with your preferences. Your ability to limit cookies is subject to your browser settings and limitations. If you use multiple browsers on your device, you will need to update each browser’s settings separately. Marco’s does not respond to “Do Not Track signals or other similar mechanisms.
    If you are using a mobile device, you can reset your device settings to limit the use of information collected about you, including your location data. This is typically done by disabling your location settings/permissions. Please contact Apple Support or Google for Android (as applicable) for more information on how to do this on your device. You can stop all collection of information via our mobile application by uninstalling the application from your device.
  • Analytics: Marco’s uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”), on certain aspects of the Sites. We use the information provided by Google Analytics to improve our Sites and services. For more information regarding how Google collects, uses and shares your information, please visit http://www.google.com/policies/privacy/partners/. Google provides users choices on how their data is collected by Google Analytics by developing an Opt-out Browser Add-on which can be located at: http://tools.google.com/dlpage/gaoptout?hl=en. By installing this Add-on, no information is being sent to Google Analytics.
  • Advertising: The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes by third parties that participate in the program. To opt out of having your online behavior collected for advertising purposes, please visit YourAdChoices at http://www.aboutads.info/choices/. Choices you make are both browser and device-specific.
    Some services also offer their own opt-out choices for the use of cookies for analytic services, interest-based advertising, and other advertising-related services. You are encouraged to learn more about these tools if you wish to limit the use of cookies and other related services.
    Marco’s is not responsible for the accuracy, effectiveness, or compliance with, any third party opt-out tools and does not necessarily endorse these tools or represent that they will be suitable for your needs.
  • Communications: If you do not wish to receive promotional communications from Marco’s, you can opt out at any time by following the unsubscribe instructions provided in those communications, or by contacting us as provided in the “Contact Us” section below. Please note that Marco’s may still continue to send you non-promotional emails, such as those regarding your orders, feedback submissions, and other service-related matters.

YOUR CHOICES

You may be entitled to certain choices regarding your personal information. As applicable, please contact us by one of the methods listed below under “Contact Information” and we will assist you with your request as soon as possible. Please note that in order to exercise these rights, we may have to verify your identity to make sure you are exercising rights related to personal information belonging to you. Depending on your request, we may request certain information from you in order to verify your identity and residency using personal information already provided by you, prior to granting any data subject access request, including a request for access or deletion of data. You may also appoint an authorized agent by contacting us at the email below and verifying your identity and residency. Please note, if you elect to exercise one of your choices listed below, you will not receive discriminatory treatment by us for exercising your privacy rights that are conferred upon you by law. You may be able to make the following choices regarding your personal information:

  1. Access To Your Personal Information. You may request access to your personal information by contacting us at the address described below. If required by law, upon request, we will grant you reasonable access to the personal information that we have about you. Note that California residents may be entitled to ask us for a notice describing what categories of personal information (if any) we share with third parties or affiliates for direct marketing.
  2. Deletion Of Your Personal Information. Typically we retain your personal information for the period necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required or permitted by law. You may, however, request information about how long we keep a specific type of information, or request that we delete your personal information by contacting us at the address described below. If required by law we will grant a request to delete information, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.
  3. Objection to Certain Processing. You may object to our use or disclosure of your personal information by contacting us at the address described below.
  4. Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can stop receiving promotional emails by following the unsubscribe instructions in e-mails that you receive. If you decide not to receive promotional emails, we may still send you service related communications.
  5. Promotional Mailings. If at any time you do not want to receive offers and/or circulars from us you can remove yourself from our mailing lists by emailing us (our contact information is below) with “NO SNAIL MAIL” in the subject line along with your name, address and zip code. Please note that our mailings are prepared in advance of their being sent. Although we will remove your name from our mailing list after receiving your request, you may still receive mailings from us that had been initiated prior to your name being removed.
  6. Promotional Text Messages. If you receive a text message from us that contains promotional information you can opt-out of receiving future text messages by replying “STOP.”
  7. Revocation Of Consent. If you revoke your consent for the processing of personal information then we may no longer be able to provide you certain services. In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address described below.

California and Nevada residents: please click here to submit a data inquiry as permitted under applicable law.

CHILDREN’S PRIVACY

Our Sites are directed toward and designed for use by persons aged 13 or older. Marco’s will not establish or maintain registrations for any child whom Marco’s know to be under the age of 13. We do not solicit or knowingly collect personal information from children under the age of 13. If we discover that we have received personal information from an individual who indicates that they are, or whom we otherwise have reason to believe is, under the age of 13, Marco’s will delete such information from our systems. Additionally, a child’s parent or legal guardian may request that the child’s information be corrected or deleted from our files by contacting us as provided in the “Contact Us” section below. We also do not sell the personal information of minors less than 16 years of age without affirmative authorization.

POLICY CHANGES

Marco’s reserves the right to change this Privacy Policy and the Sites at any time. Please review this Privacy Policy periodically. If we make any material changes to this Privacy Policy, we will post a notice at www.marcos.com along with a link to the updated Privacy Policy. Your continued use of the Sites and/or provision of your information thereafter constitute your acceptance of such changes. Please contact us as described below if you would like information regarding any changes.

MISCELLANEOUS

If a different policy is provided on a particular Site, the terms of this Policy shall control in all respects.

INFORMATION FOR CALIFORNIA RESIDENTS

California Civil Code Sections 1798.115(c), 1798.130(a)(5)(c), 1798.130(c), and 1798.140 indicate that organizations should disclose whether certain categories of information are collected, “sold” or transferred for an organization’s “business purpose”(as those terms are defined under California law). You can find a list of the categories of information that we collect and share here. Please note that because this list is comprehensive it may refer to types of information that we share about people other than yourself. If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing please submit a written request to us using the information in the “Contact Information” section below. We do not discriminate against California residents who exercise any of their rights described in this Privacy Policy.

CONTACT US

If you have any questions or comments about this Privacy Policy, Marco’s data practices, or your interaction with our Sites, or, where by required by law, you would like to submit a request based on a right listed in this Privacy Policy, please contact us via one of the following methods:

Online : Data Request Form
By email: datainquiry@marcos.com
By mail: Marco’s Franchising, LLC, Attn: Data Privacy, PO Box 23210, Toledo, OH 43623
By phone: (833) 455-0118

Effective Date: January 1, 2020