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HDA Privacy Policy: The Honey Dew Donuts Rewards App

Last updated: March 1, 2019

Mission Statement

The Honey Dew Donuts® Rewards App (the “App”) is offered as a downloadable addition to your cell phone. The App can track your purchases at participating Honey Dew Donuts® Shops, award “points” which can be applied to future purchases, provides location information, may provide product offerings, and may integrate Gift Card transactions through your credit card. This Privacy Policy is limited only to information collection through the App and does not cover information collected outside of the App.

Honey Dew Associates, Inc. ( “HDA,” “we,” “our” or “us”) reserves the right to, at any time, modify this Privacy Policy. If we make revisions that change the way we collect, use, or share personal information, we will post those changes in this Privacy Policy. Please review this Privacy Policy periodically to keep up to date on our most current policies and practices. We note the effective date of the latest version of our Privacy Policy at the top of this Privacy Policy.

We are committed to providing quality service. To do so, we gather information about users of our App. Because we know your privacy is important to you, it is also important to us. Therefore, we respect the confidentiality of personal information that identifies you and treat that information responsibly. Except as described in this Privacy Policy, as effective from time to time, we do not authorize the selling or renting of your personal information to third parties for their business purposes

By using the App, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy. If you do not so agree, please do not use the HDA Services.

This Privacy Policy is hereby incorporated into and forms part of the Terms of Use of the HDA Services for the App.

Please read through this Privacy Policy to learn what kinds of information we collect about you and all of our customers, users, and visitors; how we use that information and with whom we may share it; and how you can access and change our information about you.

QUICK GUIDE TO CONTENTS

INFORMATION COLLECTION
HOW WE USE THE INFORMATION COLLECTED
SHARING OF INFORMATION
YOUR CHOICES AND OPT-OUT
CHILDREN
ACCESS AND UPDATES OF YOUR INFORMATION
SECURITY OF YOUR INFORMATION
CHANGES & OTHER HDA PRIVACY POLICIES
CONTACT US

1. INFORMATION COLLECTION

Information You Provide to Us

To utilize the App, you are required to provide us your email address; We may ask for your location, so that we may easily directly you to the nearest participating location; We will track your purchases for participation in the rewards program; and at your request, you can use your credit card to effectuate Gift Card transactions (collectively, the “Information”). In general, we compile the information you give us about yourself into a profile, which we may use for purposes such as making offers of interest directed to you. We collect information about how often use our App and, if available, where you are when you do so, as well as the frequency of your purchases. Your purchases allow us to keep track of analytics and certain statistical information which enables us to provide you with more relevant promotions and improve our business.

Information You Provide When You Make a Purchase. If you utilize a credit card, you will be providing us with data related to your credit card such as the credit/debit card number and related financial information (such as CVV, expiration date, and billing address), or other payment information (such as via PayPal or Apple Pay), and billing address, depending on the form of payment you choose. Credit Card transactions are subject to the Terms and Conditions and the privacy policy applicable to your credit card, as well as to the processing company which manages credit card transactions for your purchase.

Third Party Service Providers. The App uses third party service providers to support the App and to transact business with your credit card (our “Third Party Service Providers”). These Third Party Service Providers include: Punchh, Inc. (“Punchh”) which provides the platform for the App and administers the App; and WorldPay US, Inc., which provides the platform for and permits credit card transactions to purchase or re-load Honey Dew Donuts® gift cards. From time to time, other Third Party Service Providers may be utilized. Your use of the App constitutes a license, permission and consent for such Third Party Service Providers to have access to and use any information received from you but solely in connection with performing services in connection with the App. You should contact these Third Party Service Providers directly for a copy of their own privacy policies applicable to the information they collect directly from you.

We also use third-party agents, consultants, affinity program participants, and contractors to perform business functions or to provide business, professional or technical support functions, including customer service, data analysis, credit review, gift card servicing, account servicing, payment processing, customer research, marketing, IT services, that participate in or administer any promotions, and records maintenance. We give these entities access to our customers' personal information to perform these functions for us. We DO NOT authorize them to use customers’ personal information other than in performing services in connection with the App. However, such third parties may maintain and utilize non-personal information in any lawful manner.

All of the services provided in your utilizing the App are, collectively, referred to herein as the “HDA Services”.

Information Collected by Other Third Parties

The App links to branded pages on third party platforms, such as social networking services . We do not own, operate or control such platforms and their information practices may be different than ours. We are not responsible for these sites or their content, products, services or privacy policies or practices. These other web sites may send their own cookies to your Device, they may independently collect data or solicit personal information and may or may not have their own published privacy policies. You should independently assess the authenticity of any site to which you are directed, (including those linked to through an email or social networking page). We are not responsible for the privacy or data collection policies or practices of the services from which you access our services, of services we link to, or of any services that are linked to our services. You should consult the other sites’ privacy policies. We have no control over information that is submitted to, or collected by, these third parties. If you log into such through the App, you give us and our Third Party Service Providers permission to access certain information about you from such social networking sites, such as your User ID, user profile, friends list, and profile picture.

Other Information Obtained

We and our Third Party Service Providers may use a Device Identifier to, among other things, provide the HDA Services, help diagnose problems with our servers, analyze trends, track users’ web page, email and mobile application movements/activities, help identify or gather broad demographic information for aggregate use, and retarget online and mobile advertisements to you across devices you may use. This information may include data about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots). We and our Third Party Service Providers collect information from and about the web-connected devices you use that integrate with our Products. For example, we may use information collected about your use of our App to improve personalization of content (including promotions). Some of these Third Party Service Providers may use technology such as cookies, web beacons, pixel tags, log files, or other

Device Information. We and our Third Party Service Providers may automatically collect your IP address or other unique identifier (“Device Identifier”) for the mobile device (the “Devices”) you use to access the App, including, without limitation, the hardware model, the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, mobile device manufacturer, mobile carrier and network information, phone number, operating system and version, unique device identifiers, activations, content, products you purchase, services you access, the page served, and the preceding page views or websites visited, any mobile device activity and configurations, and email contacts.

Geolocation Information. We and our Third Party Service Providers may collect information about the location of your Device when you access or use the HDA Services. In addition, if you choose to turn on your Bluetooth, Wi-Fi or other geolocation functionality when you use our mobile applications, we may collect and use your geolocation information, which may include information about nearby Wi-Fi access points, beacons and cell towers.

Cookies. "Cookies" are pieces of text a website stores on your device, for use when the revisit. Cookies enhance our ability to serve you. Although we do not use cookies, our third party providers which maintain and operate the App and which handle credit card transactions may use two types of cookies: session cookies and persistent cookies. Session cookies terminate shortly after you terminate your internet session. Persistent cookies are stored on your hard drive until they expire or are deleted. Data stored in the cookie may be linked with personally identifiable information you choose to provide to us. Cookies assist in providing you with an enhanced user experience since they recall your use of the Internet and the App, your product preferences, and password. They may also use cookies to offer you products, programs or services. If you choose to disable cookies on your browser, some of the functionality of the platforms may be lost.

Cookies and Web Beacons- Explanation. Web beacons, also known as “clear.gifs” are small transparent pieces of code placed on web pages to track how visitors arrive at a website and what they do there. We do not use web beacons. Our third party providers which maintain and operate the App and which handle credit card transactions may use web beacons to track customers' use of the App to compile sales and statistical data, such as counting the users who use the App or to deliver a promotion. This information assists them in marketing and managing our App and enhancing your experience.

Your Browser Settings. Most browsers offer built-in tools to help you manage, decline, control, or delete cookies, including cookies used for advertising. You are free to set your browser or operating system settings to limit certain tracking or to decline cookies. If you do, you may not be able to use certain features or take full advantage of all of our offerings. Please refer to your Web browser’s or operating system’s website or “Help” section for more information on how to delete and/or disable your browser or operating system from receiving cookies or controlling your tracking preferences. On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising. We endeavor to comply with any “do not track” features to the extent we are aware of them. Technologically, our system may not respond to Do Not Track requests or headers from some or all browsers.

Web Server Logs. Web server logs are activity records created by your device so that your request to access a webpage is sent to your browser. This log may record search terms or a clicked link and may also record information about your browser, such as IP address and the cookies thereon.

2. HOW WE USE THE INFORMATION COLLECTED

We and our Third Party Service Providers may use the information about you for a variety of business purposes. In general, there are two categories in which your information is used:

For Customer Service and Transactional Purposes, such as to:

  • respond to your questions or requests and provide customer service;
  • manage your account and registration, including those services and features to which you choose to participate;
  • troubleshoot issues, bugs or defects related to your account or activities;
  • provide you with access to certain features of the App;
  • to send you related information, coupons, products or samples and to administer your individual account;
  • to meet legal requirements;
  • to provide internet security;
  • verify your identity or communicate with you about your activities with respect to the App;
  • to use and disclose your credit, debit or payment card or other financial information, but only to process payments and prevent fraud;
  • contact or respond to you with regard to your use of the App and, in our discretion, changes to any HDA policy;
  • develop new Products and to enhance current Products;
  • protect the security or integrity of the App and our business, combat harmful conduct, detect and prevent spam, and maintain the integrity of our App by protecting against and preventing fraud, unauthorized transactions, claims and other liabilities, and managing risk exposure, including by identifying potential hackers and other unauthorized users;
  • for other purposes as disclosed at the time you provide your personal information or otherwise with your consent.

For Advertising, Customization and Analytics Purposes, such as to:

  • perform market research, compile statistical, compile user profile data, perform research using the compiled data (including disclosure of user information to research firms we retain) to understand and improve the App and HDA’s Products;
  • personalize and improve the HDA Products, offers and advertising made available on or outside the App (including on other sites/ applications that you visit). For example, we may provide personalized or localized content;
  • provide you with customized content, advertisements, offers and promotions offered by HDA or on behalf of our partners, franchisees and affiliates;
  • to provide you with better service;

and

  • communicate with you consistent with any permissions you may have communicated to us.

3. SHARING OF INFORMATION

The information collected or generated through your use of the HDA Services may be shared by you or by us as described below.

Sharing of Information by You

We are not responsible for any information you provide to third parties.

Sharing of Information by Us

We may share the information collected from or about you in the following ways:

We share your personal information with our Third Party Service Providers. In doing so, we require that they use your personal information they receive from us subject to the terms of this Privacy Policy. Please understand, however, that our Third Party Service Providers may also obtain your personal information directly you when you use your mobile app. Any information collected directly by our Third Party Service Providers not subject to this Privacy Policy. You may contact any of our Third Party Service Providers for a copy of their own privacy policy applicable to the information they collect directly from you. Our Third Party Service Providers may use your personal information to perform services related to the App, such as providing hosting services, marketing assistance, analyzing data, and processing payment card information.

Personal information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. By submitting your personal information to us you agree to the transfer, storage and processing of your information in a country other than your country of residence including, but not necessarily limited to, the United States.

Business Transfers. In the event that another entity acquires us or all or some of our assets, or merges with us, your information may be transferred as part of such transactions. If any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties. Information described in this paragraph may also be disclosed for due diligence purposes in connection with any proposed transaction of the sorts described in this paragraph.

Legal Disclosures; Safety. HDA may transfer and disclose your information to third parties to: Comply with a legal obligation, a court order or a subpoena; Comply with the request of a law enforcement agency or governmental authority conducting an investigation; Verify or enforce our Terms of Use or other applicable policies where we have a good-faith belief such disclosure is required to investigate, prevent, or take action regarding illegal activities, suspected fraud, or technical or security vulnerabilities, and to protect our proprietary rights; To respond to an emergency situations in which we have a good¬-faith belief that there are potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law; or otherwise to protect the rights, property, safety, or security of third parties, users of the App, HDA, or the public. Transfer and disclosure may include responding to legal requests from jurisdictions outside of the United States when we have a good- faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.

Aggregate or Anonymous Non-Personal Information. We do not share aggregate or anonymous non-personal information with third parties for their marketing or analytics uses.

In all cases, information may be shared globally in accordance with this policy. Your information may, for example, be transferred or transmitted to, or stored and processed in the United States for the purposes as described in this policy.

4. YOUR CHOICES AND OPT-OUT

Personal information is required for you to record a purchase, request information or assistance, or take advantage of certain services and features we offer. We respect the confidentiality of all your personal information as described in this Privacy Policy, whether you give it to us over App or by any other means.

We and our Third Party Service Providers, may place or recognize unique cookies or other technologies on your browser when you visit the App to collect information about your use of the App and your other online activities over time and across different websites and apps, and may use that information to serve interest-based advertisements to you as you browse the Internet.

Third Party Sites.

To learn more about such interest-based advertising, please review the information below:

  • To opt-out of such collection and use for online behavioral advertising by the Digital Advertising Alliance (DAA) participating companies in the United States, please visit: http://www.aboutads.info/choices/; DAA AppChoices
  • http://www.aboutads.info/appchoices/. To opt-out from the use of information about your online activities for online behavioral advertising by NAI member companies, visit: http://www.networkadvertising.org/choices/.
  • For more information on cross-device tracking and to unlink your devices, visit: https://cross-device-privacy.adobe.com.
  • To learn how to manage privacy and storage settings for Flash cookies, please visit: https://www.adobe.com/support/documentation/en/flashplayer/help/settings_manager.html.

5. CHILDREN

The App is not meant for or targeted to children and should not be used by children under 13.

6. ACCESS AND UPDATES TO YOUR INFORMATION

If you wish to verify, correct, or update any of the personal information you have provided to us, you may contact us at the address in the Contact Us section below.

To cancel your participation in the App:

  • Delete the App from your device and
  • Contact us by mail at Honey Dew Associates, Inc., Attention: Rewards Program; 2 Taunton Street, Plainville, MA 02762.

7. SECURITY OF YOUR INFORMATION

We use certain reasonable security measures to help protect your personal information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Therefore, we cannot ensure or warrant the security of any information you transmit to us. You use the HDA Services and provide us with your information at your own risk. If we share information with a Third Party Service Provider, as detailed in this privacy policy, we shall use all reasonable efforts to ensure that they keep the information secure and only use the information consistent with the terms of this Privacy Policy. Please keep your passwords and account information secure and notify us of any unauthorized use of your account.

8. CHANGES & OTHER HDA PRIVACY POLICIES

Any changes we may make to our Privacy Policy will be posted on this page. Please check back frequently to see any updates or changes to our Privacy Policy.

We will notify you before we make material changes to this policy and give you the opportunity to review the revised policy before you choose to continue using our Products.

If you do not agree or consent to any updates or changes, do not continue to use the HDA Services.

In addition to this Privacy Policy, there may be specific campaigns or promotions which will be governed by additional privacy terms or policies. We encourage you to read these additional terms or policies before participating in any such campaigns or promotions as you will be required to comply with them if you participate. Any additional privacy terms or policies will be made prominently available to you.

9. CONTACT US

If you have any questions or concerns regarding this Privacy Policy, please contact us at:

Honey Dew Associates, Inc., Attention: Rewards Program; 2 Taunton Street, Plainville, MA 02762. You may also have the right to complain to a governmental or regulatory body about our privacy practices.