Privacy Policy

Focus Brands and Captain Lawrence Brewing Company are concerned with privacy issues. We would like you to be familiar with how we collect information, what information we collect, and how that information will be used.  Any information collected through this Website will be used only in accordance with Focus Brands’ privacy policy below.

FOCUS Brands Inc. and its affiliates and subsidiaries (“FOCUS Brands,” “we” or “us”) value your privacy. For a list of many of the FOCUS Brands companies, see the end of this Privacy Policy (the “Policy”). In this Policy, we describe how we collect, use, and disclose information that we obtain about users (“Users”) of our websites (each a “Site” and collectively the “Sites”), our mobile applications (each an “App” and collectively the “Apps”), and the services available through our Sites and Apps (each a Services and collectively the “Services”). This Policy will apply to each FOCUS Brands Site or App that displays it; it does not apply to any websites, webpages, or mobile apps that are run or owned by any franchisees of one of the FOCUS Brands companies, or any other third party.

By using any of our Sites, Apps or Services, you agree that your personal information will be handled as described in this Policy. Your use of our Sites, Apps, and Services, and any dispute over privacy, is subject to this Policy, our Cookies Policy, our website Terms and Conditions and the terms and conditions for each Site, App or Service.

Information We Collect About You

We collect information directly from Users, such as when they sign up to receive special offers or information from us, sign up for our rewards programs, download franchise kits, or register for an account with us. We also collect certain information automatically through Users’ use of our Sites, Apps and Services. If you would like to use our Sites, Apps and Services, but decide not to provide this information, certain Services may not be available to you.

Information We Collect Directly From You

You can browse our Sites without registering or submitting your personal information to us. However, to use our Apps and certain Services (e.g., to sign up for rewards programs, enter contests, make a purchase or request a franchise kit from us), you must register with us or otherwise provide us with your name and other information. We may also collect information that you enter on our Sites or Apps or provide to us in any other ways, such as through email or forms on our Sites or Apps. The type of information that we collect from you depends on your interaction with us and your use of our Sites, Apps and Services, but may include:

  • personal details, such as full name, mailing address, email address, phone number, and other contact information;
  • transaction information (if you make a purchase), such as information about the products you buy, billing address, method of payment and payment details; and
  • location data, and any other personal information that you choose to provide.

Other Information about Your Activities and Interactions

We collect information from you when you submit a review, comment or other content to our Sites or Apps or on our social networking pages, and when you contact us. In addition, we track when you like us or share our content through Facebook, Twitter or other social networking platforms. Blogs on many of our sites are hosted by WordPress (to review their privacy policy, click here), or other third parties.

Information from Third Parties

We may collect lead information from third parties, including name, contact and other information. We also may collect information about any comments or reviews you post about us on third party sites.

Your Location

Our Apps may access and collect your geolocation information, and our Sites may also track and collect your location information.

Other Information We Collect Automatically

We may automatically collect certain information about your use of our Sites and Apps through cookies and other technologies, including, but not limited to: log files; domain name; browser type and operating system; page views and related activities; IP address; the length of time you use our Sites, Apps and Services; access date and time; browser type; device ID or other mobile or App identifier; domain name; and referring URL. We may combine this information with other information that we have collected about you. Please see “Our Use of Cookies and Other Tracking Mechanisms” section below for more information.

How We Use Your Information

We use your information, including your personal information, for the following purposes:

  • to provide our Services to you, to communicate with you, to respond to your inquiries, and for other customer service purposes;
  • to process your orders or purchases;
  • to make recommendations to you, to tailor the information that we send or display to you, to offer location customization, and to otherwise personalize your experiences;
  • to send you targeted advertising on our Sites, in our Apps, or on third party Sites;
  • for marketing and promotional purposes, such as to send you news and newsletters, special offers and promotions, or to otherwise contact you about information we think may interest you; and
  • to better understand how Users access and use our Sites, Apps and Services, in order to improve them, respond to User desires and preferences, and for other research, marketing and analytical purposes.

We may use the information we collect about you in other ways, which we will tell you about at the time we collect it or for which we will seek your consent.

How We Share Your Information

We do not sell your personal information. We may share your information, including personal information, as follows:

Other Users

Any information that you post on public areas of our Sites and Apps, such as reviews, comments, and photos, may be available to, and searchable by, all Users of the Sites and Apps. Reviews may also be viewable by non-registered visitors to our Sites and Apps.

Affiliates

We may disclose the information we collect from you to our affiliates or subsidiaries for their own marketing, research, and other purposes. For example, if you request information about one of our franchises, we may share your information with other affiliated franchise companies in which we think you may be interested. In addition, if you sign up to receive information or updates from one of our affiliates, we may send you information from other affiliates if we think you may be interested.

Service Providers

We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.

Business Transfers

In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. This Policy will apply to your information as transferred to the new entity.

In Response to Legal Process

We may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, subpoena, or other legal process.

To Protect Us and Others

We may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms and Conditions or this Policy, or as evidence in litigation in which we are involved.

Aggregate Information

We or our third party providers may share information when it does not identify you. For example, we may share anonymous, aggregated statistics about Users with third parties for marketing, advertising, research or similar purposes.

With Your Consent or at Your Direction

In addition to the sharing described in this Privacy Policy, we may share information about you with third parties whenever you consent to or direct such sharing.

Our Use of Cookies and Other Tracking Mechanisms

We and our third party service providers use cookies and other tracking mechanisms to collect and track information about your use of our Sites, Apps and Services. We may combine this information with other personal information we collect from you. For example, we may use these technologies to:

  • uniquely identify you or your device;
  • allow you to access and use our Services, where without them, our Services may not work properly;
  • improve our products and Services;
  • help us monitor the performance of our Services;
  • help us customize your experience;
  • market to you through targeted advertising; and
  • for other purposes described under the section entitled “How We Use Your Information” above.

Cookies

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Sites, Apps and Services, while others are used to enable a faster log-in process or to allow us to track your activities.

The specific types of first and third party cookies served through our Sites and Apps are categorized as follows:

Category 1 – Strictly Necessary Cookies

These cookies are essential to enable you to browse around our Sites and use their features. Without these cookies, certain Services cannot be provided.

Category 2 – Performance Cookies

These cookies collect information about how you use our Sites– for instance, which pages you go to most. This data may be used to help optimize our Sites and make them easier for you to navigate. These cookies do not collect information that identifies you. Any information collected through these cookies is aggregated and therefore anonymous.

Category 3 – Functionality Cookies

These cookies allow our Sites to remember choices you make while browsing. For instance, we may store your geographic location in a cookie to ensure that we show you our Site localized for your area. These cookies do not collect information that identifies you, and cannot track your browsing activity on websites other than our Sites.

Clear GIFs, pixel tags and other technologies

Clear GIFs are tiny graphics with unique identifiers, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Sites and Apps to, among other things, help us manage content, and compile statistics about usage. We and our third party service providers use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

Local Storage

We may use local storage technologies, such as HTML5 or Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Typically, you cannot control, delete, or disable the acceptance of HTML5 or HhhHHHHHHLWFlash LSOs through your web browser. For more information on HTML5 and Flash LSOs, or to learn how to manage your settings for HTML5 and Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions.

Third-party Analytics

We use third party analytics tools, including, but not limited to, Google Analytics and ClickDimensions, to collect, monitor and analyze this information in order to improve functionality and user-friendliness, and to better tailor the Services to our visitors’ needs. Accordingly, usage data is shared with Google and ClickDimensions, or other third parties, each of which have their own privacy policy addressing how they handle such information and any choices you may have about their collection and use of information. We recommend that you review these privacy policies.

Targeted Advertising and Ad Networks

We may send Users targeted ads, based on their location and activities on our Sites and in the Apps. We may also participate in third-party ad networks (including but not limited to Google Ads and Facebook Ads) and allow third parties to use cookies, pixel tags and other tracking technologies on the Sites and Apps to collect usage information and display targeted ads; these third parties may be able to associate the information they collect with other information they have about you from other sources.

We use third parties such as network advertisers to display advertisements on our Sites and Apps, to assist us in displaying advertisements on third-party sites, and to evaluate the success of our advertising campaigns. Network advertisers are third parties that display advertisements based on your visits to our Sites and Apps as well as other websites and apps. This enables us and these third parties to target advertisements by displaying ads for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs, and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information about your usage of our Sites, Apps, and Services.

How to Manage Cookies

Most web browsers automatically accept cookies, but if you prefer, you can control and/or delete several types of cookies – for details, please see www.aboutcookies.org.

For example, you can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. You can also delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. Doing so, however, may result in you having to manually adjust some preferences every time you visit our Sites, and some services and functionalities may not work.

Do-Not-Track

Our Sites do not honor browser do-not-track requests. However, you can find information on how to opt out of many website participating ad networks at the following sites: Network Advertising Initiative, and Digital Advertising Alliance. Please note that opting out does not prevent all targeted ads from being displayed to you. Also, if you delete cookies after opting out, your opt out may no longer be effective.

Special Notice to California Residents

California residents may request a list of certain third parties to which we have disclosed personally identifiable information about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request this information in writing by contacting us at contactus@focusbrands.com. Please allow up to thirty (30) days for a response.

Mobile App Users

If you download or use any of our Apps, and you agree to share your location information with us and receive push notifications from us, we will use your location information to send you customized notices, offers, and coupons. You can later opt out of push notifications or of sharing your location information. If you use an Apple iOS device, you can disable push notifications by turning them off for App you are using within the “Notifications Center” under the “Settings” menu; you may disable location information for an App by going to “Settings,” “Privacy,” and then “Location Services,” and turning off sharing for the particular App. For Android users, you can turn off these notifications through the Menu settings within our App.

User Generated Content

Any content you post to our Sites, Apps or social networking pages (“User Generated Content”), may be available to all Users, and we cannot prevent such content from being used in a manner that violates this Policy, the law, or your personal privacy. We may review such User Generated Content, remove it, or combine such User Generated Content with other information we have collected about you and use it as described in this Policy. All User Generated Content is subject to our Terms and Conditions and the User Generated Content Terms and Conditions.

Plug-ins and Social Media Widgets

Our Sites may include social networking features and widgets, such as the Facebook “Like” button and the “Share this” button, as well as other interactive mini-programs that run on our Sites. These features may collect your IP address, which page you are visiting on our Sites, and may set a cookie to enable the feature to function properly. These features are displayed on our Sites, but are hosted by third parties, and are subject to their own privacy policies, not this Policy. Your interactions with these features are governed by the privacy policy of the company providing them.

Testimonials

We display personal testimonials of satisfied customers on our Sites, in addition to other endorsements. With your consent, we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at contactus@focusbrands.com.

Third-Party Links and Plug Ins

Our Sites and Apps may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

Duration of Personal Information Retention

Your personal information may be stored as long as the information is required to fulfill our legitimate business needs or the purposes for which the information was collected, or for as long as is required by law.

You can contact us by email at: contactus@focusbrands.com with questions or concerns regarding the retention period of your personal data.

Access To My Personal Information

You may modify certain personal information that you have submitted to us. If you wish to correct or delete any information you have provided to us, you may contact us by email at: contactus@focusbrands.com. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Sites or App for a period of time, and we may maintain records in our systems of this information as well. If you are a user in the European Economic Area, you may have additional rights, as set forth in the “Your European Privacy Rights” section below.

What Choices Do I Have Regarding Use of My Personal Information?

We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to ten (10) business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.

Children

Our Services are not designed for children under 13 years of age.

No one under the age of 13 may provide any information to us through our Sites or Apps. We do not knowingly collect personal information from children under 13. If you are under 13, do not access, use, or provide any information on our Sites or Apps, or on or through any of their features.

Note to European Economic Area (“EEA”) users: If you are under 16, you should not access, or provide any information on our Sites or Apps, or on or through any of their features.

If we discover that a child under 13, or equivalent minimum age depending on the jurisdiction, has provided us with personal information, we will delete such information from our systems. If you are a parent  or legal guardian of a child under 13, or equivalent minimum age in the relevant jurisdiction, whom you believe has submitted personal information to us, please contact us at contactus@focusbrands.com.

International Users

The Services are headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of the Services may be collected in your country and subsequently transferred to, maintained and processed in the United States or another country by us or our service providers for the purposes mentioned above in accordance with applicable law. The privacy laws of these countries may not always offer the same level of protection as in your country.

Your European Privacy Rights

If you are a data subject in the EEA, subject to certain restrictions, you have the right to access, correct, or erase the personal data we have collected about you. In addition, under certain circumstances, you have the right to data portability and the right to restrict or object to our processing of your personal data. When processing of your personal data is based on your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

If you wish to exercise any of these rights, please contact us at contactus@focusbrands.com and specify which right you intend to exercise. We may require additional information from you to allow us to confirm your identity.

Finally, if you consider that the processing of your personal data infringes applicable law, you have the right to lodge a complaint with an EEA supervisory authority.

Security

We are committed to taking appropriate measures designed to keep your personal information secure. We have taken steps to help protect the information we collect about you from loss, misuse, unauthorized access, disclosure, alteration, and destruction. While we make considerable efforts to protect our information systems, no data security measures can guarantee 100% security. Please note that, where you use passwords, ID numbers, or other special access features on our Sites and Apps, it is your responsibility to safeguard them.

Contact Us

If you have questions about the privacy aspects of our Sites, Apps or Services or would like to make a complaint, please contact us at contactus@focusbrands.com.

Changes to this Policy

This Policy is current as of the “Updated as of” date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. The modified Policy will be effective immediately upon posting and you agree to the new Policy by continuing your use of the Sites, Apps and Services. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Sites.

FOCUS BRANDS COMPANIES

Our affiliates and subsidiaries include, but are not limited to: Auntie Anne’s LLC; Auntie Anne’s Franchisor SPV LLC; Carvel Corporation; Carvel Franchisor SPV LLC; Cinnabon LLC; Cinnabon Franchisor SPV LLC; FOCUS Brands Holdings Inc.; FOCUS Brands Rewards, Inc.; Jamba Juice Company; Jamba Juice Franchisor SPV LLC; McAlister’s Corporation; McAlister’s Franchisor SPV LLC; McAlister’s Louisiana LLC; Moe’s Stores LLC; Moe’s Franchisor LLC; Moe’s Franchisor SPV LLC; Schlotzsky’s Stores LLC; Schlotzsky’s Texas Stores LLC; Schlotzsky’s Franchise LLC; Schlotzsky’s Franchisor SPV LLC.