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PRIVACY POLICY

 

  

EFFECTIVE DATE: December 26, 2019

Papa Murphy’s ("Papa Murphy’s" or the "Company") values your privacy and we want you to understand what information we collect from you and how we handle it. In this Privacy Policy ("Policy"), we explain how we collect, use and disclose personal information relating to your Papa Murphy’s orders and your use our “Services,” which includes our website, www.papamurphys.com (our "Website"), our Apps (our "App"), and our other online services. If you have any questions, please feel free to Contact Us.

When you interact with us or use our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Services, and any dispute over privacy, is subject to this Policy and our Terms and Conditions, available at www.papamurphys.com/terms-and-conditions, including its applicable limitations on damages and the resolution of disputes. Papa Murphy’s Terms of Use are incorporated by reference into this Policy. Use of the App is also governed by the separate user agreement, available at https://www.olo.com/terms/, of the App’s owner, Mobo Systems, Inc.

  

Overview of Our Collection and Use of personal information

This table summarizes the categories of personal information we collect and how we us it, which is further explained in our Privacy Policy below. While the actual information we collect and our use of such personal information varies depending upon the nature of our relationship and interactions, the table below provides a general overview of the categories of personal information we collect and the purposes for which we use such information. In some cases, such as where required by applicable laws, we will obtain your consent prior to collecting certain personal information. 

 

Categories of Personal Information Collected 

Use of Personal Information

 

Name, contact information and other identifiers: identifiers such as a real name, alias, address, unique personal identifier, online identifier, rewards program identifier, IP address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. 

To provide our Services

To personalize your experiences with us

For marketing and promotional purposes

To send you App notifications and text messages (with your consent)

To understand and improve our Services

To administer our loyalty program

To protect our legal rights and prevent misuse

For compliance with legal obligations

Related to our general business operations 

 

Customer records: paper and electronic customer records containing personal information, such as name, signature, physical characteristics or description, address, telephone number, education, current employment, employment history, social security number, passport number, driver’s license or state identification card number, insurance policy number, bank account number, credit card number, debit card number, or any other financial or payment information, medical information, or health insurance information.

 

Protected classifications: characteristics of protected classifications under California or federal law such as race, sex, age, disability or veteran status. (Note: any such information is collected subject to applicable law and, generally on a voluntary basis)

 

Commercial information: including records of personal property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.

 

Internet or other electronic network activity information: including, but not limited to, browsing history, clickstream data, search history, and information regarding a resident’s interaction with an internet website, application, or advertisement, including access logs and other usage data related to your use of any company websites, applications or other online services.

 

Geolocation data: precise location information about a particular individual or device.

 

Audio, video and other electronic data: audio, electronic, visual, thermal, olfactory, or similar information such as, CCTV footage, photographs, and call recordings.

 

Employment history: professional or employment-related information.

 

Education information: education information that is not publicly available personally identifiable information as defined in the federal Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).

 

Inferences and profiles: inferences drawn from personal information to create a profile reflecting a resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.

 

California residents. If you are a California resident, please be sure to review the Additional Information for California Residents section (below for important information, as required by California privacy laws, about the categories of personal information we collect and disclose and your rights under California privacy laws. 

INFORMATION WE COLLECT

We collect information from you through various sources: information that you provide to us directly; information that we collect automatically when you use our Services; and information that we collect from third parties (which often are our service providers, but also could be marketing partners, social networking sites, or other entities). We generally combine the information that we collect about you from these various sources.

Information We Collect Directly. We collect information directly from you, such as: 

· Registration: If you register with us (such as through our Website, App or loyalty programs), we collect information from you, such as your name, email, phone number, and a password and security question, as well as other relevant information you choose to provide, such as favorite store and items, birthday (MMDD), marketing preferences, billing and contact information and other demographic information.

· Orders and purchases: we maintain records of your orders and purchases, both online and in-store. 

· Marketing programs: If you join our email, text or other marketing programs, we collect your email address, mobile number other relevant contact information, your zip code, and any other information that you choose to provide to us. 

· Orders and purchases: When you make a purchase or place an order with us (online or otherwise), we collect and maintain information about your order including items, instructions, name, contact information, payment card and other billing information (including payment card and billing address), coupons and offers redeemed.

· Surveys and other information: We also will collect any information that you provide to us, including information that you submit in response to surveys, information requests from us, or other correspondence with us. We may provide you with the option of purchasing products through our App.   

Information We Collect Automatically. We may automatically collect the following information about your use of our Website, App or other Services through cookies, web beacons, and other technologies, including technologies designed specifically for Apps: your domain name; your browser type and operating system; web pages you view; links you click; your IP address and general location information; the length of time you visit our Website and App, and the referring URL, or the webpage that led you to our Website.

We also may collect the following information about your use of our App: mobile device ID; language information; device name and model; operating system type, name, and version; your activities within the App, and the length of time that you are logged into our App. With your permission, we also will collect your device’s location information, including when you are not using the App (this helps us find you appropriate offers and direct you to a nearby Papa Murphy’s). You may disable our collection of your location information in your device settings.

Please see the section Cookies and Other Tracking Mechanisms below for more information.

Information We Collect from Third Parties. We also may collect information about you from third parties, including marketing and advertising agencies, third party partners, subsidiaries and affiliates, and franchisees. For example, if you make a purchase from us, we may work with third parties to send you offers, coupons and deals; these third parties may provide us with your contact information or we may work with them to send you these offers, coupons and deals on our behalf. We also may receive order information from franchisees.

If you are a California resident, please see the Additional Information for California Residents section at the end of this Policy for information about the categories of personal information we collect from California residents. 

OUR USE OF INFORMATION

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

· To provide our Services: to operate our Website, App and other Services; to communicate with you about your use of our Website and our App; to respond to your inquiries, questions and comments; to fulfill your orders; and for other customer service purposes.

· To personalize your experiences with us: to tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Website and our App. For example, if you grant us permission to see your location while you are using our App, we might direct you to the closest Papa Murphy’s to you.

· For marketing and promotional purposes: to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information, that we learn about you, including your, to assist us in advertising our services on third party websites. We may use information such as your in-store transactional and purchase history, along with information we collect about you from third parties for marketing purposes. 

· To send you App notifications and text messages (with your consent): If you use our App, with your permission we will send you push notifications. If you use our App, we will send you push notifications, including notices about stores near your current location. You may opt-out of these notifications through the preference settings on your device. If you sign up for text offers, we also send you offers and deals via text, which may include, for example, coupons for particular locations.

· To understand and improve our Services: to better understand how you use our Website, App and other Services, both on an aggregated and individualized basis. For example, if we know what features of our Website or our App users like the most or the least, we can improve upon our Website and our App. We also will use your information to respond to user preferences as well as for research and analytical purposes.

· To administer our loyalty program: If you join our loyalty program, we also use the personal information we collect about you as necessary to track rewards and otherwise manage and administer our loyalty program.

· To protect our legal rights and prevent misuse: to protect the Sites and our business operations; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our Terms of Use or this Privacy Policy.  

· For compliance with legal obligations: to comply with the law or legal proceedings. For example, we may disclose information in response to subpoenas, court order, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements.  

· Related to our general business operations: to consider and implement mergers, acquisitions, reorganizations, and other business transactions, and where necessary to the administration of our general business, accounting, recordkeeping and legal functions

HOW WE SHARE YOUR INFORMATION

We may share your information, including personal information, as follows:

· Affiliates and franchisees: We may disclose the information we collect from you to our affiliates, subsidiaries, and franchisees; however, if we do so, their use and disclosure of your personal information will be subject to this Policy.

· 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. For example, if you place an order through our Website, you will be directed to a third party service provider’s platform to collect and process payment information.

· Business transfers: If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected about you to the other company.

· In response to legal process: We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

· To protect us and others: We also 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 of Use or this Policy, or as evidence in litigation in which we are involved.

Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

If you are a California resident, please see the Additional Information for California Residents section at the end of this Policy for information about how we share the personal information we collect about California residents. 

OUR USE OF COOKIES AND OTHER TRACKING MECHANISMS

We and our third-party service providers use cookies and other tracking mechanisms, including tracking technologies designed for mobile apps, to track information about your use of our Website and our App. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf).

Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive or your device through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Website and our App, while others are used to enable a faster log-in process or to allow us to track your activities. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you disable cookies on your web browser, you will be able to view our Website, but our ordering platform may not work properly.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, 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 Website and our App to, among other things, help us manage content, and compile statistics about usage. We and our third party service providers also 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.

Do-Not-Track. Currently, our systems do not recognize browser "do-not-track" requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions at the Network Advertising Initiative and the Digital Advertising Alliance websites.

Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate use of our Website and, to the extent permitted, our App. We also may use other analytic means to evaluate our services. We use these tools to help us improve our services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services.

Targeted Advertising and Ad Networks

We may send users targeted ads, including in-App ads and banner ads. In order to do so, we may also work with third-party ad networks, analytics companies, channel partners, measurement services and others (“third party ad companies”) to manage our advertising on our Website and App and on third-party sites, mobile apps and online services. We and these third-party ad companies may use cookies, pixels tags, and other tools to collect your IP address, device ID, cookie and advertising IDs, and other identifiers and general location information, as well as information about your use of our Services (and third-party sites and services), and, with your consent, your device’s geolocation information. We and these third party ad companies may use this information to provide you more relevant ads and content and to evaluate the success of our ad campaigns. 

You may opt-out of many third-party ad networks and obtain more information about targeting advertising through one of the following links:  

Opting out of one or more ad networks only means that those networks no longer will deliver targeted content or ads to you, but it does not mean you will no longer receive any targeted content or ads on our Website or other web sites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your opt-out may no longer be effective. 

Custom Audiences and Matching. We may disclose certain information (such as your email address) with third parties so that we can better target ads and content to our users, and others with similar interests on these third parties’ platforms or networks (“Custom Audiences”).  

THIRD PARTY LINKS

We may provide links on our Website or through our App 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.

SECURITY OF MY PERSONAL INFORMATION

We have implemented safeguards to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.

You should take steps to protect against unauthorized access to your password, phone, mobile device, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

ACCESS TO MY PERSONAL INFORMATION

California residents: Please see the Additional Information for California Residents section at the end of this Policy for information about your rights as a California Resident to access the personal information we collect from you. 

You may modify certain personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Website or App for a period of time.

YOUR CHOICES

We may send periodic promotional 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 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. If you opt-in we may also send you marketing texts; you also may opt-out of the text messaging program by texting "STOP" at any time to 90421.

Deactivation of Your App Account. At any time, you may remove the App from your phone by following the instructions on your device. In addition, you may "close" your App account by logging into order.papamurphys.com from your desktop, clicking “My Account,” clicking “cancel your account” under the “Close Account” heading and follow any instructions.

Information collected by the App is not deleted when you "close" your account, and Papa Murphy’s and its service providers may retain access to the information that you submitted through the App.

CHILDREN UNDER 13

Our services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

CONTACT US

If you have questions about our privacy practices, or if you would like to make a complaint, please contact us at:

Email: guestservices@papamurphys.com

Phone: 844-620-2501

Mail: Papa Murphy’s Intl
Guest Services Department
8000 NE Parkway Dr. Ste. 350
Vancouver, WA 98662

 CHANGES TO THIS POLICY

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on this Site. 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 Site.

ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS

In this section, we provide information for California residents, as required under California privacy laws, including the California Consumer Privacy Act (“CCPA”), which requires that we provide California residents certain information about how we handle their personal information, whether collected online or offline. This section does not address or apply to our handling of publicly available information made lawfully available by state or federal governments or other personal information that is subject to an exemption under the CCPA.

Categories of Personal Information Collected and Disclosed. Our collection, use and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. The table below sets out generally the categories of personal information (as defined by the CCPA) about California residents that we collect and disclose to others for a business purpose. We collect these categories of personal information from the sources described in the Information We Collect section above, and for the purposes described in the section Our Use of Personal Information above.

  

Categories of personal information

Do we collect?

Do we disclose for business purposes?

 

Name, contact information and other identifiers: identifiers such as a real name, alias, address, unique personal identifier, online identifier, rewards program identifier, IP address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. 

Yes

Yes

 

Customer records: paper and electronic customer records containing personal information, such as name, signature, physical characteristics or description, address, telephone number, education, current employment, employment history, social security number, passport number, driver’s license or state identification card number, insurance policy number, bank account number, credit card number, debit card number, or any other financial or payment information, medical information, or health insurance information.

Yes

Yes

 

Protected classifications: characteristics of protected classifications under California or federal law such as race, sex, age, disability or veteran status. (Note: any such information is collected subject to applicable law and, generally on a voluntary basis)

Yes

Yes

 

Commercial information: including records of personal property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.

Yes

Yes

 

Internet or other electronic network activity information: including, but not limited to, browsing history, clickstream data, search history, and information regarding a resident’s interaction with an internet website, application, or advertisement, including access logs and other usage data related to your use of any company websites, applications or other online services.

Yes

Yes

 

Geolocation data: precise location information about a particular individual or device.

Yes

Yes

 

Audio, video and other electronic data: audio, electronic, visual, thermal, olfactory, or similar information such as, CCTV footage, photographs, and call recordings.

Yes

Yes

 

Employment history: professional or employment-related information.

Yes

Yes

 

Education information: education information that is not publicly available personally identifiable information as defined in the federal Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).

Yes

Yes

 

Inferences and profiles: inferences drawn from personal information to create a profile reflecting a resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.

Yes

Yes

Categories of Personal Information Sold. The CCPA defines a “sale” as disclosing or making available to third parties personal information in exchange for monetary or other valuable consideration. While we do not disclose personal information to third parties in exchange for monetary compensation from such third parties, we do disclose or make available certain information to our franchisees and to other third parties, in order to receive certain services or benefits from them (such as when we allow third party tags to collect browsing history and other information on our Sites to improve and measure our ad campaigns), including:

· Name, contact information and other identifiers

· Customer records

· Commercial information

· Internet or other electronic network activity information

· Geolocation data

· Inferences and profiles 

California Residents’ Rights. California law grants California residents certain rights and imposes restrictions on particular business practices as set forth below.

  • Notice before collection: we are required to notify California residents, at or before the point of collection of their personal information, the categories of personal information collected and the purposes for which such information is used. You can find our notice at the top of this Privacy Policy. 
  • Do-not-sell: California residents have the right to opt-out of our sale of their personal information. Opt-out rights can be exercised by submitting as request as set out below. In addition, users may opt out of “sales” (as defined under the CCPA) of their personal information to participating third party ad companies, by using the DAA opt-out tool, available at: https://www.privacyrights.info/. We do not sell personal information about residents who we know are younger than 16 years. 
  • Request to delete: California residents have the right to request deletion of their personal information that we have collected about them and to have such personal information deleted, except where an exemption applies. 
  • Request to know: California residents have the right to request and, subject to certain exemptions, receive a copy of the specific pieces of personal information that we have collected about them in the prior 12 months and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance. California residents also have the right to request that we provide them certain information about how we have handled their personal information in the prior 12 months, including the: 

o categories of personal information collected;

o categories of sources of personal information;

o business and/or commercial purposes for collecting and selling their personal information;

o categories of third parties/with whom we have disclosed or shared their personal information;

o categories of personal information that we have disclosed or shared with a third party for a business purpose; and

o categories of third parties to whom the residents’ personal information has been sold and the specific categories of personal information sold to each category of third party.

California residents may make a request to know up to twice every twelve (12) months.

Submitting CCPA Requests. To submit a request to know, request to delete, or do-not-sell request:

· Submit a request online at https://www.papamurphys.com/contact-us (Please select “General Online Ordering Feedback” as the type of request)

· Contact as toll-free at 1-844-620-2501

We will respond to requests received from California residents as required by law. 

Right to Non-Discrimination. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA. A business may offer financial incentives for the collection, sale or deletion of California residents’ personal information, provided it is not unjust, unreasonable, coercive or usurious, and is made available in compliance with applicable transparency, informed consent, and opt-out requirements. California residents have the right to be notified of any financial incentives offers and their material terms, the right to opt-out of such incentives at any time, and may not be included in such incentives without their prior informed opt-in consent.

California Privacy Rights under California’s Shine-the-Light Law

Under California’s “Shine the Light” law, California residents who provide us their personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we may from time-to-time share with third parties for their own direct marketing use; such requests may be made once per calendar year for information about any relevant third party sharing in the prior calendar year. If you are a California resident and would like to make such a request, please submit your request in writing at guestservices@papamurphys.com, using the subject line "California Privacy Information." In your request, please attest to the fact that you are a California resident and provide a current California address. We will reply to valid requests by sending a response to the email address from which you submitted your request. Our response to you will be limited to information on covered sharing and the relevant details required by the Shine the Light law.