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I Heart Mac and Cheese ® (“IHMC”) Privacy Statement

Your privacy is important to us. To protect the personal information of our guests and customers, we have developed a Privacy Statement that describes how we collect, use, disclose, transfer, and store your information. It will also tell you about your rights with regards to your personal data.

HOW TO CONTACT US

If after reviewing this Privacy Statement, you would like to submit a request or you have any questions or privacy concerns, please contact:

Mac and Cheese Franchise Operations, LLC

621 NW 53 Street, #360

Boca Raton, Florida 33487


Telephone Number: (561) 300-5343

Email Address: Info@iheartmacandcheese.com

Our Privacy Policy Statement

The I Heart Mac and Cheese® Group (“IHMC”) is made up of a variety of companies including, Mac and Cheese Holdings, LLC (the owner of our Intellectual Property), Mac and Cheese Franchise Group, LLC, (the owner of our proprietary system for establishing and operating restaurants), and Mac and Cheese Franchise Operations, LLC (the worldwide licensee tasked to develop IHMC restaurants worldwide and serves as the Franchisor).

This Privacy Statement applies to the personal information that IHMC collects when you interact with the IHMC brand online and offline. This includes information collected through our websites, WiFi services, or similar technology provided in IHMC restaurants, branded pages on third party platforms (i.e. social networking services), mobile applications, and through our direct marketing campaigns or other communications, as well as, when you purchase our products, subscribe to our news and offers, enter into one of our promotions or contact customer support (collectively, “IHMC Services”).

This statement does not apply to (1) IHMC Services that show a different privacy statement and (2) third party websites including websites that are operated by IHMC franchisees. IHMC restaurants are owned and operated by both independent IHMC franchisees and the company affiliates. Each restaurant owned and operated by a franchisee, is solely and independently responsible for its legal and regulatory compliance and this Privacy Statement does not apply to IHMC franchisees or to websites or mobile apps they operate. Please see IHMC franchisees’ privacy notices for information on how they use customer information. We may include links to third party website on the IHMC website or platforms. If you choose to visit those websites, we are not responsible for the privacy practices or the content of those websites. We encourage you to review the privacy policies of those websites before submitting your personal information. Some third parties may choose to share information about their users with us; sharing by third parties is governed by their privacy policy and not this Privacy Statement.

In the event we make changes to this statement, which we reserve the right to do from time to time, we will make previous versions available upon request. If we make any material changes to this statement, we will notify you via a notice on this site or by an email (sent to the email address you specify in your profile). Where we are required by applicable data protection laws, we will also seek your consent to any material changes that affect how we use your personal information. We encourage you to periodically review this page for the latest information on our privacy practices.

Personal Information Collected

The personal information we collect falls into three classifications: (a) information you provide to us directly; (b) information we collect through automated methods; and (c) information we collect from third parties.

Information You Provide To Us Directly

When you use IHMC Services, we may ask you to provide certain personal information to obtain our products or use our services. The personal information we collect depends on the nature of your interaction with us or the IHMC Services you use, but may include, but not be limited to the following:

•Contact information, which may include but not be limited to persona or business information, such as your first name, last name, mailing address, telephone number, fax number, email address, and other similar data.

•Payment information will be collected if you make a purchase online. You will be required to provide a credit/debit card number and related financial information (such as expiration date, security code and billing address), or other form of payment (such as a gift card), depending on the form of payment you choose.

•Account information will be required. We collect information such as your username and password when you create an account, access our online services, or buy our products. Account information may also include how you purchased or signed up for IHMC Services, your transactions, billing and support history the IHMC Services you use and anything else related to the account you create.

•We collect usage data about you when you are using IHMC Services, which may include information about the date and time of your logins and details of your use of third-party applications and advertising you receive.

•We may collect your marketing and communication preferences in receiving marketing from us and our third parties.

•We collect user IDs, passwords, email, and similar security information required for authentication and access to your IHMC® accounts.

•You may also be given the option to link to your Facebook or other social media accounts through IHMC Services. Your use of these features may result in the collection or sharing of information about you, depending on the feature. For example, these Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. They may also allow third-party social media services to provide us information about you, including your name, email address, and other contact information. The information we receive is dependent upon your privacy settings with the social network. We encourage you to review the privacy policies and settings on the social media sites you use to make sure you understand the information that is collected, used, and shared by those sites.

•There may be times you provide us additional personal information when you interact online or by phone or mail with our customer support channels; when you participate in our customer surveys or promotions; or to facilitate delivery of IHMC Services or to help us respond to your inquiries. Types of additional personal information may include voice recordings, photographs and videos.

•You may decide to provide us with another person’s information (such as their name, email, address or phone number) so that we may recommend or send products or services to that person. Local law may require you to get the consent of that person to provide their information to the IHMC Group. We may in turn use the information you provide in accordance with this Privacy Statement.

•Where we need to collect your personal information by law, or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, in order to provide you with our products or services). In this case, we may have to cancel the contract and notify you accordingly.

Information Collected Automatically

Whenever you visit or interact with IHMC Services as well as any third party advertisers and/or service providers, we may use a variety of technologies that automatically or passively collects information about your online activity. This information may be collected in the following ways:

• We collect technical information when you visit our websites or use our mobile applications or services. This includes information such as your Internet Protocol address, your login data, the type of mobile device you use, your device operating system and browser type, time zone setting and location, language, a unique device identifier, the address of a referring website, the path you take through our websites, and other information about your session on our websites.

•We and our third-party service providers use technologies such as cookies, web beacons, unique advertising identifiers, and mobile device identifiers to collect information about the use of our websites and mobile services. This includes, for example, information from public databases or data aggregators that may include your demographic information, media consumption, previous purchases, shopping habits, loyalty program information or lifestyle preferences. For more information, including the types of cookies found on IHMC® websites and how to control cookies, please read The IHMC Group’s Cookie Policy and the “Targeted Advertising” section below.

•Geolocation Data. We may collect information about your location when your device is set to provide location information. For example, your device’s GPS signal allows us to show you the nearest IHMC® restaurant. To assist us in providing proximity based marketing and other location-based services we utilize our Service Provider Google’s Maps API per Google’s Terms of Service which you consent to. For most mobile devices and computer systems, you are able to withdraw your permission for us to collect this information by using your browser or device settings. To withdraw your Google Maps API permission setting please follow the procedures in Google’s Terms of Service. If you have any questions about how to prevent us from collecting exact information about your location, we recommend you contact your mobile-device provider, the device manufacturer, or your web-browser provider. Some online services and in-restaurant technology may not work properly without information about your location.

Information Received from Third Parties

We may collect information about you from other companies and organizations, including public databases, social media platforms, our third party marketing partners or various independent purchasing organizations which may be established for the benefit of IHMC® franchisees.

We may also collect information that is publicly available. For example, we may collect public information about you when you interact with us through social media. By collecting additional information about you, we can correct inaccurate information, enhance the security of your transactions, and give you product recommendations and special offers that are more likely to interest you.

We may combine the information we receive about you, including information you provide directly to us and information we automatically collect through IHMC Services, as well as information collected across other computers or devices that you may use, from other online or offline sources, and from third parties. If we combine your personal information and non-personal information, we will treat the combined information as personal information in accordance with this Privacy Statement.

HOW WE USE YOUR PERSONAL INFORMATION

We may use the information we collect in the following ways.

To provide our services and contract with you. To carry out your requests, fulfill orders, and process payments for our products and services. To communicate with you about your orders, purchases or accounts with us, including handling any requests, questions or comments you may have. To provide online services to you, which includes our websites and/or mobile applications. To provide customer support, including processing any concerns about our services.

We also may use the information to market to you, improve our services, and to tell you about our products and services, competitions, offers, promotions or special events that we believe may interest you when you are part of a IHMC® loyalty program, We may try to personalize your experience in our restaurants and on our online services. We will verify your identity or communicate with you about your activities with respect to IHMC Services. We use your information to help manage our business, including developing new products and services, conducting consumer and operations research, and assessing the effectiveness of our sales, marketing and advertising. We also use analytics and profiling technology to personalize your experience; deliver content (including advertising) tailored to your interests and let you know how to use IHMC Services (see “TARGETED ADVERTISING” below for more information).

We may link or combine your information with information we receive from others to help understand your needs, use for interest-based or targeted advertising or re-targeting on your computers or other devices. We also use your information to ensure the security of our networks and systems, including to help diagnose technical and service issues, troubleshoot issues, bugs or defects related to your account or activities.



We will also use your personal information to comply with applicable law and to protect against fraud and other crime, claims and liabilities. We will use your information to comply with legal obligations and our policies as well as to establish or defend a legal claim and monitor and report compliance issues.

We may use your personal information if we reasonably believe that there is an inherent security or product issue that we must either disclose to you or the authorities and the use of your information will prevent or potentially minimize the danger to you or others.

With your consent (where required by applicable law), we may use the information we collect for the following purposes: (a) to send you emails or text messages about the products and services, competitions, offers, promotions or special events we believe may interest you; (b) to send you emails or text messages about the products and services of our business partners; (c) to provide location-based services; and (d) to use cookies and similar technologies.

If we use the information we collect about you in other ways, which we will tell you about at the time we collect it and for which we will seek your consent if required by law.

Data Sharing

We do not sell any of your personal information including your name, address, email address or credit card information to any third party. We may share the information collected from or about you with the following categories of companies in the following ways:

Within the IHMC Group - The IHMC Group may share your information amongst our entities in order to administer our loyalty programs, process orders and requests, and expand and promote our product and service offerings. Members of the IHMC Group who receive your personal information are not authorized to use or share the information, except as set out in this Privacy Statement.

With Third Parties - IHMC® Franchisees and Development Agents. If you choose to contact us or submit a survey about your experience in a IHMC® franchisee’s restaurant, we may share your information to the IHMC® franchisee in order for them to address your request, compliment or complaint. We may also share your information with any Development Agent who oversees the operations of the restaurant. Development Agents are independent contractors of the IHMC® franchisor who are responsible for the growth of the franchise in a specific territory.

In the event we choose to utilize Independent Purchasing Organizations, we may share your personal information with the applicable independent Purchasing Organization in your market and their subsidiaries in connection with online purchases, registration of gift cards and the administration of loyalty programs.

We may share your personal information with vendors and other third-party service providers who we work with, such as business, professional or technical support functions. This includes but is not limited to: service providers that host or operate IHMC Services; payment processors; data processing or other information technology services; carrying out research and analysis, providing customer experience management services and personalizing individual customer experiences. We do not allow these vendors to use or share this information for any purpose other than to provide services on our behalf.

Your personal information may also be shared with our sponsors, partners, advertisers, advertising networks, advertising servers, and analytics companies or other third parties in connection with marketing, promotional, and other offers, as well as product information. Your information may also be shared with third parties we identify at the time you provide your personal information or otherwise with your consent.

If you choose to enter into one of our sweepstakes, contests, or other promotions, we may disclose your information to third parties or the public in connection with the administration of such promotion, as required by law, as otherwise permitted by the Promotion’s official rules, or otherwise in accordance with this Privacy Statement.

Your Personal Information is considered a company asset and may be disclosed or transferred to a third party in the event of a proposed or actual purchase, any reorganization, sale, lease, merger, joint venture, assignment, amalgamation or any other type of acquisition, disposal or financing of all or any portion of our business or of any of the business assets or shares (including in connection with any bankruptcy or similar proceeding) of the IHMC Group or a division thereof, in order for you to continue to receive the same products and services from, or to continue the same or similar relationship with, the third party.

We may disclose your information if we believe that the disclosure is required by law, a subpoena or other legal process, if we believe that the disclosure is necessary to enforce our agreements or policies, or if we believe that the disclosure will help us protect the rights, property or safety of the IHMC Group or our customers or partners.

We may also share your information with other companies if you give us permission or direct us to share the information.

The IHMC Group remains responsible for the personal information that we share with third parties for processing on our behalf in connection with the operation of our business, and we remain liable under this privacy statement if our third parties process your personal information in a manner inconsistent with the Privacy Shield Principles, unless the IHMC Group proves that it is not responsible for the matter giving rise to the damage.

Targeted Advertising

We use third parties’ analytics and tracking tools, such as Google Analytics, Adobe Marketing Cloud, Facebook Customer Audience and others, to help us track, segment and analyze usage of the IHMC Services, and to help us or those third parties serve more targeted advertising to you on the IHMC Services and across the Internet. Those tools may use technology such as cookies, web beacons, pixel tags, log files, Flash cookies, or other technologies to collect and store non-personal information.

At our request, these third parties collect, and share with us, usage information about visits to our websites, measure and research the effectiveness of our advertisements, track page usage and paths followed during visits through our websites, help us target our Internet banner advertisements on our websites and on other sites, and track use of our Internet banner advertisements and other links from our marketing partners' sites to our websites. They may also combine information they collect from your interaction with IHMC Services with information they collect from other sources.



We do not have access to, or control over, these third parties’ use of cookies or other tracking technologies. To learn more about your advertising choices in relation to the collection and use of your information, please see the IHMC Group’s Cookie Policy. You can also visit the Adobe website for more information on cross-device tracking and/or to unlink your devices.

OPTING OUT

To learn how to opt-out of Cookies and other services, please see the IHMC Group’s Cookie Policy.

If you have agreed to receive marketing communications from us, you can later opt out by following the opt-out instructions in the marketing communications we send you or you can also contact us by using the contact details provided under the “How to Contact Us” section above. Depending on the IHMC Services you use, you may also have the ability to change your communication preferences in the profile section of the online services that you use or in your device settings. Where our mobile applications allow for the delivery of “push notifications”, you can also opt out of receiving these notifications by going into your mobile phone settings and toggling the “Notifications” switch within our mobile application to “off”.

If you do opt out of receiving marketing communications from us, we may still send communications to you about your transactions, any accounts you have with us, and any contests, competitions, prize draws or sweepstakes you have entered. Opting out of one form of communication does not mean you’ve opted out of other forms as well. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. Please note that if you are receiving communications from a IHMC® franchise, then you will need to opt out from them directly.

Loyalty Program

Participation in the IHMC® loyalty program is voluntary; you may end your participation in the IHMC® loyalty program by using the contact details provided under the “How to Contact Us” section above, in which case any data gathered through the program will be deleted except what we are legally required to keep.

You may opt out of all information collected via our app(s) by uninstalling the app(s). You may use the standard uninstall, application, and data management processes available through your mobile device. Once you have uninstalled the app, all the information that is stored in the app is deleted, including any preferences you previously set for location permissions and whether you have allowed us to send you push notifications. Once the app is uninstalled and preferences are deleted, push notifications from the app will stop. You may also refrain from using application features that collect specific types of data.

You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.



Legal Rights Information

Under certain circumstances, you have rights under applicable data protection laws in relation to your personal information.

You have the right to:

(a) Access Your Personal Information. You can request access to your personal information. This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it. You may reasonably access your personal information by contacting the IHMC Group regarding the accuracy of your personal information. Please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information we have about you. Note that your right to access the personal information that we hold about you is not absolute. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information, we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

(b) Modify Your Personal Information. We aim to ensure that personal information in our possession is accurate, current and complete. If you believe that the personal information about you is incorrect, incomplete or outdated, you may request the revision or correction of that information. We will use reasonable efforts to revise it and, if necessary, to use reasonable efforts to inform agents, service providers or other third parties, which were provided with inaccurate information, so records in their possession may also be corrected or updated. However, we reserve the right not to change any personal information we consider accurate.

(c) Delete / Erase Your Personal Information. You may ask us to delete or remove personal information where there is no legal reason for us to continue using it. You also have the right to ask us to delete or remove your personal information where you successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with law. Please note that we may not always be able to comply with your request of erasure for specific legal reasons which we will notify you, if applicable, at the time of your request.

(d) Object to Processing Your Personal Information. You may have the right to object to us processing your information in certain circumstances. This right applies when we are processing your personal information based on a legitimate interest (or those of a third party), which you may challenge if you feel it impacts your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. However, in some cases, we may demonstrate that we have compelling legitimate ground to process your information or legal obligations which override your rights and freedoms.

(e) Transfer of Information. You may request the transfer of your personal information to you or a third party. We will provide to you, or a third party you have chosen, your information in a structured, commonly used, machine-readable format. Please note this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

(f) California Resident Privacy Rights. California law permits residents of California to request certain details about how their personal information is shared with third parties or affiliated companies for direct marketing purposes. If you are a California resident and would like to make such a request, please contact us as per the information set forth in this statement.

Please note that if you opt out of receiving marketing communications from us, we may still send communications to you about your transactions, any accounts you have with us, and any contests, competitions, prize draws or sweepstakes you have entered. Opting out of one form of communication does not mean you’ve opted out of other forms as well. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them. Please note that if you are receiving communications from a IHMC® franchisee, then you will need to opt out from them directly.

If you wish to exercise any of the rights set above, please contact us. We will need you to provide specific information to help us confirm your identify. This is a security measure to help ensure that your personal information is not disclosed to someone that does not have the right to receive it.

Applicability of International Privacy Laws

IHMC currently operates in the United States of America only. In the event IHMC expands operations to other countries, your personal information may be transferred to and processed in the United States and other countries that may not provide the same level of data protection as your home country.

IHMC commits to cooperate with EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) and comply with the advice given by such authorities with regard to human resources and non-human resources data transferred from the EU and Switzerland.

In compliance with the EU-US and Swiss-US Privacy Shield Principles, IHMC commits to resolve complaints about your privacy and our collection or use of your personal information. European Union or Swiss individuals with inquiries or complaints regarding this Privacy Statement should first contact the IHMC’s Office at the office referenced in this statement.

Retention of Information

To the extent permitted by applicable law, we retain your personal information as long as (1) it is needed for the purposes for which we obtained it and in accordance with this Privacy Statement or (2) we have another lawful basis, stated in this Privacy Statement or at the point of collection, for retaining that information beyond the period for which it is necessary to serve the original purpose for obtaining the personal information. If the lawful basis for processing that data is based solely on consent, we will delete the personal information if that consent is revoked.

Accessibility of Minor and Minor Information

Our services are not intended for use by children under the age of 13 or equivalent minimum age depending on the jurisdiction.

If you are a parent or legal guardian and believe we may have collected information about your child, please contact us.

If we learn that we have inadvertently collected the personal information of a child under 13, or equivalent minimum age depending on the jurisdiction, we will take steps to delete the information as soon as possible.

Maintaining Security

We recognize the importance of maintaining the security of your personal information. We protect your information using security measures, including physical, administrative, and technical safeguards to reduce the risk of loss, misuse, unauthorized access, disclosure or modification of your information. While we have employed security technologies and procedures to assist safeguarding your personal information, no system can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us. You use IHMC Services and provide us with your information at your own risk.

Thank you for reading our Privacy Statement. If you have any questions about this Statement or about how we process personal information, please contact us.


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