PRIVACY POLICY
All references to our Web Site in this Privacy Policy means US.NEWYORKFRIES.COM
Last Updated and Effective Date: December 15, 2023
Recipe Unlimited Corporation (“Recipe”) values and respects your privacy. We have prepared this Privacy Policy to describe our personal information practices when you visit one of our corporate websites at https://www.recipeunlimited.com, https://www.recipefranchising.com or the website of one of our restaurant brands (each, a “Website” and collectively, the “Websites”), use our mobile application or a mobile application of one of our restaurant brands (each, an “App” and collectively, the “Apps”), visit or make a purchase at one of our restaurants (each a “Restaurant”), or otherwise contact or interact with us. Our restaurant brands subject to this Privacy Policy are: Anejo®, Bier Markt®, Blanco Cantina®, The Burger’s Priest®, DurtyDawgs™, Elephant and Castle®, East Side Mario’s®, Fresh®, Harvey’s®, Kelsey’s®, Marigold & Onions®, The Landing Group™, Montana’s®, New York Fries®, Original Joe’s®, The Pickle Barrel®, State & Main®, Ultimate Kitchens™, and Swiss Chalet® (collectively, the “Brands”).
CONTENTS
You can jump to particular topics by going to the headings below:
COLLECTION AND USE OF PERSONAL INFORMATION
We collect and use your personal information in a variety of ways depending on how you interact with us and our Websites, Apps, including:
Directly from you when you provide it to us, such when you:
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Visit one of our Restaurants
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Order Online on our Websites and/or Apps
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Join one of our Brand’s loyalty programs
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Make a reservation or plan an event at one our Restaurants
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Use our in-store Wi-Fi
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Sign-up to receive our marketing communications
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Enter a contest or participate in a promotion
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Apply for a job with us
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Apply for a franchise opportunity
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Contact us with a comment, question or complaint
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Use the Find a Location feature on our Websites
Automatically through the use of cookies, server logs, and other similar technologies when you interact with our Websites, Apps, advertisements, and emails.
From other sources, including, for example, our affiliates, business partners, service providers, online social media networks, and other third parties, or from publicly available sources.
The following provides examples of the type of personal information that we collect in a variety of contexts and how we use that information.
Restaurant Purchases:
You do not have to provide us with any personal information when you pay using cash at one of our Restaurants. If you use a credit or debit card, we collect your debit or credit card-related information and your signature, if required, to process and administer your payment. Your credit, debit, or other card used for payment is tokenized in order to process and administer your payment. We store this tokenized information in order to identify purchase behaviours across online and in-store orders. We may also use video surveillance in our Restaurants for loss prevention and security purposes.
Ordering Online:
If you place an order through one of our Websites or Apps, you may be asked to create an account by entering your first and last name, password, email address, and phone number. When you place an order online, we will collect further information from you, including your order, location and billing information in order to complete your order. Your credit, debit, or other card used for payment is tokenized in order to process and administer your payment. We store this tokenized information in order to (a) allow you to re-use the card for future payments and (b) identify purchase behaviours across online and in-store orders. We may offer you the ability to order through a third-party food delivery service, in which case we obtain the necessary transaction information from the third party in order to fulfill your order.
Loyalty Program:
If you choose to join a loyalty program of one of our Brands, you may be required to create an online account and provide your name (optional), email address, a password you create, and you may be prompted to enter further information, such as your favourite store and other information specific to the particular program. We use this information to create your loyalty account, administer your participation in the program and issue you an electronic or paper loyalty card to use when you make a purchase. If you wish to load money onto your card, we will also collect your payment card details and billing address, as well as optional information such as your consent to auto-reload your card and birth date to receive a reward on your birthday. If you choose to send a loyalty program e-gift card to a friend or family member, we will also require and collect the recipient’s first and last name and email address so that we can send the e-gift card on your behalf.
Reservations and Events:
If you wish to make a reservation or book an event at one of our Restaurant locations by phone or online (either through our Websites or Apps or through a third-party reservation platform), you will be asked to provide information such as your first and last name, phone number, email address, and any additional information required to make the reservation or other booking (e.g. the preferred date and time of dining, and number of guests in your party). We may send you an email confirming your reservation once your reservation request is accepted.
The Ultimate Dining Card:
“Ultimate Dining Card” is the Recipe-owned and administered gift card program. An Ultimate Dining Card may be used at a selection of Restaurants within the Recipe family as described at https://theultimatediningcard.ca. When you purchase an Ultimate Dining Card, we collect your name, address and payment information in order to process your payment and deliver your cards. You may also choose to create an account in order to track your Ultimate Dining Card activity and receive communications regarding the latest promotions, events and updates about the Ultimate Dining Card. When you create an account, we collect your first and last name, mailing address, email address, phone number, language preference and a password that you choose. If you choose to create a customized Ultimate Dining Card, you may also provide us with further personal information such as an image and/or a personalized message/text to be placed on the face of your Ultimate Dining Card. If you are buying the Ultimate Dining Card for another individual, you may also be required to provide that individual’s name and email address so that we can deliver the Ultimate Dining Card to the proper recipient.
In-Store Wi-Fi:
Some of our Restaurants may provide you with access to free public Wi-Fi. If you choose to connect to a Restaurant’s Wi-Fi, we will receive personal information about you and your device, including your device ID (MAC address), Internet Protocol address (IP address), received signal strength indicator (RSSI) and technical details about your device such as its: operating system, device type (including make and model) and technical capabilities. If you have given your device a name or title, we may also receive the name of your device. When you connect to the Wi-Fi, we also receive your email address as well as information about how you use the Wi-Fi, including the store location where you connect to the Network; the areas of the store you visit; the date, time, length and frequency of your visit(s); your bandwidth usage; the names and urls of the websites you visit and/or the applications you use while connected to the Wi-Fi; and how long you interact with such sites or applications. We collect this information each time you subsequently visit our Restaurants after connecting to the Wi-Fi, regardless of whether you connect to the Wi-Fi during those subsequent visits, and combine such information for the purposes set out below. We and our service providers use this information to connect your device to the Wi-Fi and to enforce our Wi-Fi Terms. We also use the Wi-Fi usage data we collect on an aggregate basis in order to better understand and improve our stores and your shopping experience. You should have no expectation of privacy with respect to use of the free in-store Wi-Fi. If your mobile device Wi-Fi is turned on, we may also collect your device ID before you connect to the Wi-Fi, however, we only use this information for the purpose of sending a signal to your device indicating that the Wi-Fi is available.
Sign-up to receive our Mailing List or Newsletter:
If you subscribe to our or one of our Restaurants’ email mailing list or newsletter, we collect your name and email address as well as other information on an optional basis (such as your city, postal code, date of birth) to help us tailor our communications to you such as sending you a birthday message, a sign-up anniversary message, regional offers and promotions, and other relevant communications. If you no longer wish to receive these communications, you can unsubscribe at any time by clicking the “unsubscribe” link included at the bottom of the newsletter. Please note that you may continue to receive certain transactional or account-related communications from us, such as your receipt or online order confirmation. We may also use services provided by third-party platforms (such as social networking and other websites) to serve targeted advertisements on such platforms to you or others. If you have signed-up for our marketing list, we may provide a hashed version of your email address or other information to the platform provider for such purposes.
Contests and Promotions:
When you enter a contest or participate in a promotion, we may collect your name, address, email address, phone number, and any additional information or content required for the contest or promotion (such as information you post on social media). We use this information to administer your participation in the contest or promotion, including prize fulfillment. As part of a contest or promotion, we may obtain your consent to share or otherwise publish the content you submit.
Social Media:
We may offer you the opportunity to engage with us on or through third-party social networking websites, plug-ins and applications, such as by logging in to your account on a Website or App using your social media account credentials. In doing so, you may allow us to have access to certain information associated with your social media account (e.g., name, username, email address, profile picture) to deliver the content or as part of the operation of the website, plug-in or application. When you provide information from your social media account, we may use this information to personalize your experience on our Websites or Apps and on the third-party social networking websites, plug-ins and applications.
Careers:
If you apply for a job with us, you may provide us with certain personal information about yourself, such as information contained in a resume, cover letter, or similar employment-related materials. We use this information for the purpose of processing and responding to your application for current and future career opportunities and assessing your suitability for employment.
Contact Us:
When you contact us with a comment, question or complaint through email, telephone, or the “Contact Us” form on our Websites or Apps, you may be asked for information that identifies you, such as your name, address and a telephone number, along with additional information we need to help us promptly answer your question or respond to your comment. We may retain this information to assist you in the future and to improve our customer service and service offerings.
Find a Location:
If you search for a Restaurant on our Websites or Apps, we collect your postal code/ZIP code or city and province/state in order to provide you with information on nearby Restaurants. We do not use this information for other purposes. If you consent, we may also collect your location automatically in order to provide you with tailored content and restaurant suggestions.
Diversity, Equity and Inclusion (DEI):
When using certain pages of our Website or App, for example, the “Contact Us” page, or through communications we may send you from time to time, you may be invited to provide certain self-identifying information that is particularly sensitive by nature, e.g. information with respect to your ethnicity, gender, sexual orientation, and whether or not you have a disability. Whether you choose to provide us with this information, and to what extent, is completely at your discretion. We collect, use, and store this information to inform and improve our DEI initiatives. Only certain designated employees of Recipe will have access to this information. We will not share this information with anyone outside of Recipe, unless legally required to do so (see “Sharing of Personal Information, Legal and Compliance” below) or if we decide to sell our business (see “Sharing of Personal Information, Sale of Business” below). We may also use the anonymized, aggregated data received from your DEI information for reporting and advertising purposes.
Other Uses:
In addition to the purposes and uses described above, we use personal information in the following ways:
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To improve our services and product offerings.
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To conduct analytics.
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To communicate with you, such as to respond to and/or follow-up on your requests, inquiries, issues, or feedback.
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To detect and protect against malicious, deceptive, fraudulent, or illegal activity, including violation of our policies and terms and conditions, security incidents, and harm to the rights, property, or safety of our company and our users, employees, or others.
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To debug, identify and repair errors that impair existing intended functionality of our Websites, Apps, and services.
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To comply with our legal or regulatory obligations, to establish or exercise our rights, and to defend against a legal claim.
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For internal administrative purposes, as well as to manage our relationships.
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For such other purposes as you may consent (from time to time).
To the extent we maintain and use personal information in a deidentified form, we will not attempt to reidentify the information, except for the purpose of determining whether our deidentification processes satisfy our legal obligations.
SHARING OF PERSONAL INFORMATION
We disclose personal information in the following situations as permitted by applicable law:
Affiliates:
We disclose your personal information to our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control) consistent with the purpose identified in this Privacy Policy.
Service Providers:
Your personal information may be transferred (or otherwise made available) to third parties or affiliates that provide services on our behalf. We use service providers to provide services such as administering our surveys and gift cards, hosting Websites and Apps, providing advertising services, and sending our marketing communications. Our service providers are only provided with the information they need to perform their designated functions and are not authorized to use or disclose personal information for their own marketing or other purposes. Our service providers may be located in the U.S., Canada or other foreign jurisdictions.
Legal and Compliance:
We and our Canadian, US and other foreign affiliates and service providers may disclose your personal information in response to a search warrant or other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise may be required or permitted by applicable Canadian, U.S. or other law or legal process, which may include lawful access by US or foreign courts, law enforcement or other government authorities. Your personal information may also be disclosed where necessary for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.
Sale of Business:
We may transfer any information we have about you as an asset in connection with a proposed or completed merger, acquisition or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of any or all of our restaurant brands, Recipe as a whole, or as part of a corporate reorganization or other change in corporate control.
Partner Programs:
We may share transaction data (such as the date and amount of your purchase) with third party partner programs that you participate in (such as SCENE and CAA/AAA Rewards), in order to administer your participation in such programs and in accordance with the terms of such third-party partner programs.
Your Consent:
We may disclose your personal information to third parties when we have your consent or direction to do so.
For a description of the categories of information we disclose for a “business purpose” and share for purposes of cross-context behavioral advertising (also referred to as “targeted advertising”) (as those terms are defined by applicable law), please refer to the “Information Collection and Sharing Disclosure” section below. We do not “sell” your personal information for money. As discussed elsewhere in this Privacy Policy, we use cookies and similar tracking technologies for purposes of targeted advertising.
INFORMATION ABOUT OUR WEBSITES AND APPS
Visiting our Websites and Apps:
In general, you can visit our Websites and Apps without telling us who you are or submitting any personal information. However, we collect information about the computer or device you use to access our website or one of our mobile applications, including operating system, IP address, mobile device identification number, MAC address, device identifiers, the make and model of your device, its operating system, information about the screen size, page requests, browser type, average time spent on our Websites or App and date and time of your use. We use this information to determine which settings are appropriate for your computer or device, to provide or enhance digital functionality, to help us understand our Website and App activity and to monitor and improve our Websites and Apps.
Location Data:
If you choose to use a location-based service, such as locating a restaurant near you, you may also provide us with permission to track your device location in order to provide you with the services you request. You can opt-out of sharing location data with us at any time by turning off location data in your device settings.
Cookies:
Our Websites uses a technology called "cookies". A cookie is a tiny element of data that our Websites sends to a user’s browser, which may then be stored on the user’s hard drive so that we can recognize the user’s computer or device when they return. Cookies may provide us and our service providers with information that we will use to personalize our Websites in accordance with your preferences. You may set your browser to notify you when you receive a cookie or to not accept certain cookies. Additionally, you may manage cookies by clicking on the “Cookies Settings” link on the applicable Website homepage. However, if you decide not to accept cookies from our Websites, you may not be able to take advantage of all of the Website features.
Analytics Cookies:
We may use a third party such as Google Analytics to help us gather and analyze information about the areas visited on our Websites (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the Websites. For more information or to opt-out using the Google Analytics opt-out browser add-on, see “How Google uses data when you use our partners’ sites or apps” and “Google Analytics and Privacy”.
Third Party Links:
Our Websites and Apps may contain links to other websites that Recipe does not own or operate. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy policies, notices and terms of use. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat personal information. We encourage you to read the privacy policy of every website you visit.
INTEREST-BASED ADVERTISING
We work with third-parties such as ad networks and other advertising companies that use their own tracking technologies (including cookies and pixel tags) on our Websites in order to provide you with tailored advertisements across the Internet. These companies may collect information about your activity overtime and across different websites, including on our Websites and third-party websites (such as web pages you visit and your interaction with our advertising and other communications), and use this information to make predictions about your preferences, develop personalized content and deliver ads that are more relevant to you on third party websites. This information may also be used to evaluate the effectiveness of our online advertising campaigns.
Opting-out of Interest-Based Advertising: For more information about interest-based advertising and to understand your options, including how you can opt-out of receiving behavioural ads from third-party advertising companies participating in the Digital Advertising Alliance of Canada, please visit the Digital Advertising Alliance of Canada website at http://youradchoices.ca/choices.
Please note that even if you opt out of interest-based advertising by a third party, these tracking technologies may still collect data for other purposes including analytics and you will still see ads from us, but the ads will not be targeted based on behavioural information about you and may therefore be less relevant to you and your interests.
To successfully opt out, you must have cookies enabled in your web browser (see your browser’s instructions for information on cookies and how to enable them). Your opt-out only applies to the web browser you use so you must opt out of each web browser on each computer you use. Once you opt out, if you delete your browser’s saved cookies, you will need to opt out again.
SAFEGUARDS AND RETENTION
We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. We restrict access to personal information on a need-to-know basis to employees and authorized service providers who require access to fulfill their job requirements. Please note, however, that no method of transmission over the internet, or method of electronic storage, is fully secure, and 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.
We have record retention processes designed to retain personal information for no longer than necessary for the purposes set out herein or as otherwise required to meet legal or business requirements.
YOUR CHOICES
You may make the following requests regarding your personal information. Please note, the choices described below are not always available. We may limit or deny a request because the law permits or requires us to do so, the laws of the jurisdiction in which you reside do not provide you with one of the choices identified below, or we are unable to adequately verify your identity. We will not discriminate against individuals who exercise their privacy rights under applicable law.
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Access to your Personal Information. You may request access to your personal information or confirmation that we have information about you. In certain circumstances, you may also request access to your data in a portable, machine-readable format.
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Changes to Your Personal Information. You may request that we correct information that is inaccurate or incomplete. Note that we may keep historical information in our backup files as permitted by law.
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Deletion of Your Personal Information. You may request that we delete your personal information. 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 business purposes.
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Opt-Out of Targeted Advertising/Sharing. You may opt-out of the processing of your personal information for targeted advertising/sharing of your personal information for purposes of cross-context behavioral advertising. To opt-out, please click the “Cookies Settings” link on the applicable Website homepage.
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Do Not Track (“DNT”) Feature. We do not currently recognize the “Do Not Track” signal.
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Promotional Emails. As indicated above, if you have signed up to receive email communications, you can unsubscribe any time by clicking the “unsubscribe” link included at the bottom of the newsletter. Alternatively, you can opt out of receiving our marketing communications, and of having your contact information used for custom audience purposes, by contacting us at the contact information under “Contact Us” below.
Submitting Requests:
You may submit requests relating to your personal information by contacting us as indicated in the “Contact Us” section below. In order to process your request, we must be able to verify your identity to make sure you are the person about whom we have collected personal information or an authorized representative. Depending on the type of request, we may conduct the verification process by email or phone using information that matches our records. The information you must provide as part of the verification process may include your name, contact information, residency, and any additional relevant information based on your relationship with us.
If you are a California resident, you may designate an authorized agent to submit a request on your behalf. To do so, you must (1) provide that authorized agent written and signed permission to submit such request, and (2) verify your own identity directly with us.
If you are submitting a request on behalf of another person, you must provide written proof that you have been authorized by the individual to act on his or her behalf. Please note, we may deny a request from an authorized agent that does not submit proof that they have been authorized to submit such request.
In some jurisdictions, if we deny or fail to take action on your request, you may appeal our decision by contacting us as indicated in the “Contact Us” section below with the subject line “Appeal.”
PARENTAL NOTICE
We are very sensitive to privacy issues and are committed to protecting the online privacy of children and making the Internet safe for all our users. As a result, no personal information should be submitted to or posted on this site by children under the age of 18 without their parent’s or guardian’s permission. In addition, if a user younger than 18 wishes to send us personal information, he or she must first give us his or her parent’s or guardian’s email address so that we can obtain their permission, or have the child’s parent or guardian consent on his or her behalf. No personal information will knowingly be accepted from a child under the age of 18 before this permission is obtained.
If your child has already provided us with personal information, you may ask to see this information for the purpose of correcting it, or ask us to delete this information from our record entirely (see “Contact Us” below).
UPDATES TO THE PRIVACY POLICY
We may update this Privacy Policy periodically to reflect changes to our privacy practices, legal requirements, or other factors. When changes are made to this Privacy Policy, they will become immediately effective when published. We encourage you to periodically review this page to ensure you are familiar with those changes. We will indicate at the top of this Privacy Policy when it was most recently updated. If we make material changes to this Privacy Policy, we will attempt to provide you with additional reasonable notice (such as adding a statement to our Websites’ homepages or sending you a notification).
CONTACT US
If you have any questions or comments about this Privacy Policy, need to access this Privacy Policy in an alternative format due to having a disability, or to submit a request regarding your personal information in our records, please contact our Privacy Officer at privacy@recipeunlimited.com or by regular mail at:
199 Four Valley Drive
Vaughan, Ontario
L4K 0B8
905-760-2244
ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS
California law requires us to disclose the following additional information related to our privacy practices. If you are a California resident, the following privacy disclosures apply to you in addition to the rest of the Privacy Policy.
Categories of Information We Collect, Use, and Disclose:
California law indicates that organizations must disclose the categories of personal information they collect, disclose for a “business purpose,” and/or “share” for purposes of cross-context behavioral advertising (as those terms are defined by California law). You can find a list of the categories of information that we collect and how we share that information in the “Information Collection and Sharing Disclosure” section below. As discussed elsewhere in the Privacy Policy, we do not “sell” personal information for money.
Sensitive Information Disclosure:
Some of the personal information we collect is considered “sensitive personal information” under California law. We collect the following categories of sensitive personal information (as defined under California law): Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; Racial or ethnic origin; information concerning health; and information concerning sexual orientation (if voluntarily provided as described in the “Diversity, Equity and Inclusion (DEI)” section above. This information is collected in order to process transactions, provide you with services, and to manage our business. Note that we do not use this information for any purposes that are not identified within the Cal. Civ. Code Section 1798.121. We do not “sell” or “share” sensitive personal information for purposes of cross-context behavioral advertising.
California Shine the Light:
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 Us” section above.
California Notice of Financial Incentive:
We offer loyalty programs that provides certain perks, such as rewards, discounts, and exclusive offers (the “Loyalty Programs”). When you sign up for a Loyalty Program, we will ask you to provide your name and email address. Under California law, our Loyalty Programs might be interpreted as “financial incentive” programs as they involve the collection of personal information. We do not assign a monetary value to the information we collect. Based on our reasonable estimate, the value of your personal information to us is related to the value of the free or discounted products or services that you obtain when you redeem points. This value is based on the expense related to offering those free or discounted products or services. You may withdraw from participating in the Loyalty Programs at any time by contacting us at the address described in the program terms and conditions.
INFORMATION COLLECTION AND SHARING DISCLOSURE
Pursuant to applicable law, the following chart describes the categories of information we collect, disclose for a “business purpose” and share for purposes of cross-context behavioral advertising (also referred to as “targeted advertising”) (as those terms are defined by applicable law). Please note, in addition to the recipients identified below, we may disclose any of the categories of personal information we collect with government entities, as may be needed to comply with law or prevent illegal activity, or professional services organizations (such as auditors and law firms).
Category of Personal Info | Disclosure for a Business Purpose | Sharing for Cross-Context Behavioral Ads |
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