Privacy
Last Updated: January 3, 2020
PRIVACY POLICY
I. SCOPE OF THIS POLICY
This Privacy Policy applies to all users of this website (the “Site”). The terms “We”, “Us”, and “Our” refer to MADE by Wendy. The term the “Site” refers to https://www.madebywendynyc.com/. The term “User,” “You” and “Your” refers to site visitors and any other Users of the Site. By visiting and using Our Site, You are consenting to our Privacy Policy (“Policy”). You should not use Our Site if you do not agree with the terms and conditions contained in this Policy.
This website is owned and operated by MADE by Wendy LLC. We respect Your privacy and want You to understand how We collect, use, and share any data about You, Our visitor. This Policy applies only to information collected through this Site. We also respect Your right to make choices about how We collect, use, and disclose Your information. This Policy describes some of Your choices, such as Your choice to opt-in to receiving Our newsletter or to opt out of receiving “cookies.” Note that this Policy does not apply to information collected through other channels, such as over the phone or in person.
By accessing the Sites, You acknowledge this Privacy Policy and agree to be bound by the terms hereof, the Terms of Service, and any other terms or policies we post on the Sites. If there is anything that you do not understand, please email any inquiry to info@madebywendynyc.com. If at any time you do not agree to this Privacy Policy, please do not use the Sites or provide us with any personal information.
We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Sites or emailing you notice of the changes. Amendments to this Privacy Policy will be posted at this URL and will be effective when posted. You can tell if this Privacy Policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Sites following the posting of any amendment, modification or change shall constitute your acceptance thereof.
II. MINORS
Minors should not use this Site. We do not knowingly collect, use or disclose personal information about visitors under 13 years of age. Parents who believe that We may have collected the personal information from a minor can submit a request that it be removed by contacting Us at info@MADEbywendynyc.com.
III. THE INFORMATION WE COLLECT
When You engage in certain activities on the Site, such as registering for Our newsletter, placing an order, requesting information, or contacting Us directly, We may ask You to provide personal “identifying information.” Identifying information might include Your name and email address and credit card information. If You contact Us (via email, phone, text, messaging platform, or through our social media channels), We may collect and store Your name, email address, the content of Your message, information about Your business and any other data You provide.
If You purchase a product or service, We collect certain data about Your purchase as necessary to process Your request. You must provide certain payment and billing data directly to Our third-party payment processing partners, including your name, credit card number, security code, expiration date, billing address, and zip code. For Your security, We do not have access to or store sensitive cardholder data, such as full credit card numbers or card authentication data.
If You submit this information via a third-party platform, the collection, use, and sharing of Your data will also be subject to the privacy policies and other agreements of that third party. Please keep in mind that We do not sell, license, or otherwise disclose Your personal information to third-parties for their marketing purposes without Your consent.
Additionally, We may also invite You to complete a survey, provide feedback, or participate in a promotion (such as, a flash sale or giveaway), either through e-mail, Our Site or a third-party platform. If You participate, We will collect and store the data You provide Us as part of Your participation, such as Your name and email address and any other requested feedback.
IV. HOW WE USE YOUR INFORMATION
Generally, We use the information We collect through this Site:
To process and fulfill purchases of products and services and keep You informed about the status of Your order(s);
Where you have asked us to do so, or consented to us doing so
Where we need to do so in order to perform a contract we have entered into with you
To communicate about and administer Our products, services, events, programs and promotions (such as by sending transactional emails about Your purchases, promotional materials, newsletters and other marketing communications);
To conduct and facilitate surveys, contests, promotions, sales, and giveaways;
To contact You to answer requests for customer support, technical support, and other inquiries;
To contact You with information and notices related to Your use of this Site;
To improve the content, functionality, and usability of this Site;
To better understand Your needs and interests;
To improve Our marketing and promotional efforts;
For good faith compliance with the law
V. RIGHT TO MAKE A CHOICE
When providing Us with Your information, We will ask You to Consent to Your information being collected and to opt-in to Our emailing lists. You will also have the option to change previously expressed preferences regarding how We use Your information. If at any time You wish to be taken off Our mailing lists, You will have the option to unsubscribe via the link in the email You have received.
VI. HOW LONG WE RETAIN YOUR INFORMATION
We retain Your information only as long as reasonably necessary to provide You with content and/or updates from Our newsletters, Site, or to comply with applicable law. If You wish to delete Your information, please contact Us at info@MADEbywendynyc.com
VII. HOW INFORMATION IS COLLECTED
Automated Information from Your Browser or Device. Note that the information We receive may depend on Your browser or device settings. The information We receive from Your web browser and device typically is not, in and of itself, personally identifiable. However, We may combine it with other information in an attempt to identify You or We may combine it with information that does identify You.
The Site collects information, some of which may be Personal Information, through automated means when you visit our Sites (“Automated Information”) such as:
1. The IP address of the device you use to connect to the internet (which may include information about your geographic location)
2. The unique identifiers of your device
3. Your browser characteristics
4. Your device characteristics
5. Your operating system
6. Your language preferences
7. The URLs through which you were referred to our Site
8. Information on actions taken by you on our Site
9. Dates and times of your visits to our Site
10. The pages you accessed on our Site
Information You Manually Enter. The Site collects the information You manually enter or provide when You use this Site.
The Personal Information you provide to us is generally:
1. Contact details including name, email, telephone number and shipping, billing address
2. Login and account information, including unique user ID and password
3. Personal details including gender, hometown, date of birth and purchase history
4. Payment or credit card information
5. Personal preferences including your wish list as well as marketing preferences
6. Employment and education history and other information that you provide to us if you apply for employment with us through our Sites
We collect Personal Information directly from you when you provide it to us. This typically occurs when you:
1. Sign up for our email list
2. Place an order with us online
3. Buy a product at any of our retail locations
4. Send us an email or other communication
5. Register for an account with us
6. Participate in our promotions, surveys, and/or contests
Information Collected by Cookies and Other Technologies. We collect data about the way You interact with Our Site. We use “cookies” and other technologies to collect information and support certain features of this Site. Specifically, “cookies” are small text files that are placed on Your device by a web server when You access Our Site. We may also use cookies to monitor aggregate usage and web traffic routing on Our Site and to customize and improve Our Site.
Cookies also (a) Allow third-parties to use these tracking technologies to track Your behavior on Our behalf on Our Site (including when You use multiple devices), (b) Enable third-parties to collect data about the way You interact across sites outside of Our Site, And (c) Collect anonymous statistical information about how You use the Services (including the length of Your web or application session) and the location from which You access the services, so that We can improve the Services and learn which elements and functions of the Services are most popular with Our users. You have a number of options to control or limit how We and Our partners use cookies.
Web Beacons or Pixels. We may also use Web beacon or other technologies to better tailor Our Site to provide better customer service. Web beacons are tiny graphics with a unique identifier that usually work in conjunction with cookies and are used to understand browsing activity. In contrast to cookies, web beacons are invisible on web pages when You open a web page. If You do not want cookie information to be associated with Your visits to these pages, You can set Your browser to disable cookies. However, Web beacon and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.
Social Media Widgets. Social media widgets are buttons or icons provided by third-party social media providers (i.e. Instagram, Twitter, Facebook, etc.) that allow You to interact with those social media services when You view a web page or a mobile app screen. These social widgets may collect browsing data, which may be received by the third party that provided the widget and are controlled by the third parties.
Online Advertising. We may use third-party advertising services, such as, Instagram and Facebook to deliver advertising about Our Site. The ads may be based on information We have collected (as outlined above) and information these advertising providers know about You based on their tracking data. The ads can be based on Your recent activity or activity over time and across other sites and services and may be tailored to Your interests.
We may collect information, which may include certain Personal Information data such as your IP address, from your browser when you use our Sites. We use a variety of methods, such as cookies and pixel tags to collect this information, which may include your (a) IP-address; (b) unique cookie identifier, cookie information and information on whether your device has software to access certain features; (c) unique device identifier and device type; (d) domain, browser type and language; (e) operating system and system settings; (f) country and time zone; (g) previously visited websites; (h) information about your interaction with our Sites such as click behavior, purchases and indicated preferences; and (i) access times and referring URLs. Most web browsers automatically accept cookies. If you do not wish to have cookies on your system, you can set your browser to refuse them. Please review the specific instructions from your browser in order to do this. However, please note that not accepting cookies may make certain features of our Sites unavailable or difficult to view or use.
In some of our email messages we may use a “click-through URL” linked to content on our Sites. When you click one of these URLs, you will pass through our web server before arriving at the destination web page. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our Sites. If you prefer not to be tracked through our emails, simply avoid clicking text or graphic links in the email.
Third parties may also collect information via our Sites through cookies, third party plug-ins and widgets in order to deliver our targeted advertisements to you across the Internet.
Our web server may collect clickstream information such as the address (or URL) of the website that you came from before visiting the Sites, which pages you visit on the Sites, which browser you used to view the Sites, and any search terms you may have entered on our site, among other things. The Sites may also use other technologies to track which pages our visitors view.
VIII. THIRD-PARTY COOKIES
In addition to the cookies We deliver to Your computer or mobile device through this Site, certain third-parties may deliver cookies to You for a variety of reasons. For example, We use Google Analytics, a web analytics tool that helps Us understand how visitors engage with Our Site.
You can opt out of Google Analytics. For more information on opting out of being tracked by Google Analytics across all websites You use, visit this Google page: https://tools.google.com/dlpage/gaoptout.
Other third parties may also use “cookies” or web beacons to measure the effectiveness of their ads and to personalize advertising content. We do not have access to or control over “cookies” or other features that such third-party advertisers may use and the information practices of such third-party advertisers and third-party websites are not covered by this Policy.
IX. SHARING PERSONAL INFORMATION WITH THIRD PARTIES
We are committed to maintaining your trust and we want you to understand when and with whom we may share Personal Information and information collected about you. We do not share your Personal Information with any third parties except as set forth herein.
We may disclose your Personal Information to outside individuals and/or companies that help us bring you the products and services we offer and to create, operate, and maintain our Sites. For example, we may work with third parties to: (a) manage a database of customer information; (b) assist us in distributing e-mails; (c) assist us with direct marketing and data collection; (d) provide data storage and analysis; (e) provide fraud prevention; (f) provide customer service; (g) provide order fulfillment and/or delivery services; and (h) provide other services designed to assist us in developing and running our Sites and maximizing our business potential. We require that these outside companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us.
If we seek investors or go through a business transition, including but not limited to, a merger, acquisition by another company, or a sale of all or a portion of our assets, your Personal Information may be shared as part of the negotiation of the transaction and will likely be among the assets transferred in the event of a sale or partial sale of our assets.
We may disclose your Personal Information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of Users of the Sites or the public.
X. Targeted Advertising and Marketing
You may see advertisements for our products/services on other websites and mobile applications because we work with third party advertisers to engage in remarketing and retargeting activities. Through our relationships with these advertisers, we can target messaging to our users by interest-based, demographic, contextual, and other means. These third party advertisers track your online activities over time and across websites and mobile applications by collecting information through automated means, including through the use of third-party cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites and mobile applications that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on the websites or apps. This data collection takes place both on our Sites and on third-party websites and mobile applications that participate in the advertising networks. This process also helps us track the effectiveness of our marketing efforts. Some third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offer a single location to opt out of ad targeting from member companies (www.networkadvertising.org).
If you are a California resident, you may ask us to refrain from sharing your information with certain of our affiliates and other third parties for their marketing purposes. See the below for “Privacy Notice for California Residents”.
XI. OTHER WEBSITES
Our Sites may contain links or references to websites operated by third parties, or you may have come to our Sites using a link found in another website. This does not mean that we endorse these websites or the goods or services they provide. We do not make any representations or warranties about any website that may be linked to the Site. Such other websites are independent from us, and we have no control over, or responsibility for, their information, products or activities. Our privacy practices may differ from those of these other websites. If you provide Personal Information at one of these third party websites, you are subject to the privacy policy of the operator of that website, not our Privacy Policy. Please make sure you understand the other website's privacy policy before providing such website with any Personal Information.
If you use a third-party website or application (e.g. Facebook, Google +, Twitter) to access our Sites or your account on our Sites, your activities on such third-party sites or apps are governed by the privacy practices of those sites or apps. The privacy policies of other sites and apps may differ significantly from ours, and we have no control over the operation of those sites or apps or the manner in which the collect, store, or process data.
XII. HOW WE PROTECT YOUR INFORMATION
We strive and will do Our best to protect Your personal information. However, We cannot guarantee the security of Your information transmitted through the Site or over email; any transmission is at Your own risk. Whenever We collect sensitive information from You, that information is encrypted and transmitted to Us by secure servers. We have included common indications of such secured features when appropriate such as a closed lock icon in Your web browser. The computers/servers in which We store personally identifiable information are kept in a secure environment. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. All payment transactions will be handled through our third party payment processors, and we do not have access to your credit card number or other such financial data.
Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Sites, any transmission of Personal Information is at your own risk. We cannot guarantee that such information will not be intercepted by third parties, and we will not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism, and we are not responsible for unauthorized circumvention of any privacy settings or security measures contained on the Sites.
XIII. UNDERSTANDING YOUR RIGHTS
You have rights in relation to the personal information We collect about You. You have the right to contact Us regarding any of these rights. However, before responding to Your inquiries, We will require You to verify Your identity. Additionally, We may have valid legal reasons to refuse Your request. In such cases, We will let You know. After verification of identity You have the right to:
Know what personal information and data We maintain about You;
Request a copy of Your personal information in a structured, commonly used format;
Request updates to Your personal information if it is incorrect or incomplete;
Request that We cease Our processing of Your personal information and data;
Request that We delete or restrict how We use Your personal information, but this right; is determined by applicable law and may impact Your access to some of Our Services.
XIV. HOW TO OPT OUT OF COMMUNICATIONS
You can unsubscribe from receiving emails from Us at any time. You can unsubscribe by clicking on the “Unsubscribe” link in Your MADE by Wendy email(s) and following the instructions provided.
There are ways by which you can control how your Personal Information is used.
Tracking
You can set your browser to refuse some or all cookies or to alert you when cookies are being sent. Please visit your specific browser’s instructions for doing this. The “Help” function on most browsers contains information on how you can set your browser to notify you before accepting cookies, or you can disable them entirely. If you opt out of cookies, you will not be able to take advantage of various features of the Sites that are available to other users. For example, we may use cookies to recognize you by name when you return to this site so you don’t have to login again and provide your password each time. If you use more than one browser, you will need to change each browser’s settings in order to refuse cookies.
Promotional Offers
If you do not wish to receive our email promotional offers, you may opt-out by checking the relevant box when we collect your information, logging into your account to update your preferences, or clicking on the “unsubscribe” link found in emails we send to you. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving our communications will not affect your receipt of service-related communications, such as payment confirmations and delivery status updates, if we have a data breach, or other such communications for which we have a legal obligation to inform you and/or to prevent fraud or harm to our Sites, our business, and/or third parties
Advertising
If you do not want us to use information that we collect for us to deliver advertisements to you, you can opt-out of receiving such advertising.
You may opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTe’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/, the Digital Advertising Alliance’s consumer choice page, currently available at http://www.aboutads.info/choices/, or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/.
When using the ad industry opt out tools described above, note that: (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention), but it will not be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt out on each browser or device; and (c) other ad companies’ opt-outs may function differently than our opt-out, and we have no control over the practices of any third-parties. We do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.
Analytics
Our products and services use Google Analytics and its associated tracking technologies to help display our ads you see on other sites, and to help us manage and optimize our online advertising efforts. To opt out of Google Analytics Advertising Features, visit https://support.google.com/analytics/answer/181881?hl=en or you may access the Google Analytics Opt Out Browser Add-on, currently located at https://tools.google.com/dlpage/gaoptout.
We may also use other analytics companies to learn more about our users such as Magneto Business Intelligence/RJ Metrics and Google Search Console.
XV. TESTIMONIALS
We may ask You to provide Us with personal testimonials that will be displayed on Our Site. We will first request Your permission to use any testimonials. If You would like the Site to remove Your testimonial or customer review at any time, please contact Us at the information included in this Policy and We will promptly do so.
XVI. CHANGE OF OWNERSHIP
We reserve the right to transfer to relevant third-parties any information We have about You in the event of a potential or actual sale or transfer of all or a portion of Our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation) or other business combination. In such case, We will require the relevant third parties to provide comparable levels of protection as We provide with respect to the information We share.
XVII. LEGAL COMPLIANCE
We may disclose personal information about You (1) if We are required or permitted to do so by applicable law or legal process (such as a court order or subpoena), (2) to law enforcement authorities or other government officials to comply with a legitimate legal request, (3) when We believe disclosure is necessary to prevent physical harm or financial loss, (4) to establish, exercise or defend Our legal rights, (5) in connection with an investigation of suspected or actual fraud or illegal activity or (6) otherwise with Your consent.
XVIII. California Users
A separate privacy notice is available for California residents at the end of this policy.
XIV. GOVERNING LAW
This Policy will be governed by the laws of the State of New York without regard to its conflicts of law provisions.
DISPUTES
This Privacy Policy will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions. By visiting the Sites, you agree that, except as otherwise specified herein, the laws of the State of New York without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of the Sites.
We and you agree that in the event of any dispute, the party wishing to address the dispute must contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. We may send you notices via the email address or physical address you provide to us, and all notices to us shall be sent to the following email address: info@bakedbymelissa.com and include the words “DISPUTE NOTICE” in the subject. The parties shall then make a good faith effort to resolve the dispute before resorting to more formal means of resolution. In the event that the dispute is not resolved through this procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.
Arbitration
ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Privacy Policy, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Privacy Policy, including with respect to the interpretation of any provision of this Privacy Policy or other agreements between you and us, or concerning the performance or obligations of you and us, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:
1. Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in New York, New York.
2. Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
3. Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
4. Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
5. Costs and Fees. You will be subject to a filing fee, set by JAMS, to initiate the arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, and we will remain responsible for its share of costs, expenses and fees plus any costs, expenses and fees required under JAMS procedures.
6. Litigation. The Federal Arbitration Act and federal arbitration law apply to these Terms. Either party also may, without waiving any remedy under these Terms, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy).
Class-Action Waiver
Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
XX. DISCLOSURE FOR LEGAL PURPOSES
You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we are legally required to do so. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Sites, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.
XXI. UPDATES TO THIS PRIVACY POLICY
Please revisit this page periodically to remain aware of any changes to this Policy. We reserve the right, at any time and without notice, to add to, change, update or modify this Policy, by posting such change, update or modification on the Site. Any such change, update or modification will be effective immediately upon posting.
XXII. HOW TO CONTACT US
Please contact Us with any questions or concerns regarding this Policy at info@MADEbywendynyc.com. Please mark Your questions or concerns; Privacy Policy Inquiry.
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
Last Updated on January 3, 2020
The following applies to you only if you are a California resident.
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit an email request to the following email address: info@madebywendynyc.com and include the words “CALIFORNIA PRIVACY” in the subject line, and you must put the statement “Your California Privacy Rights” in the body of the request and state the name of our specific website with respect to which you are requesting the information as well as your name, street address, city, state, and zip code.
Please note the following:
1. Users can visit the Sites anonymously without providing their Personal Information, but we may collect Personal Information, such as IP addressed, automatically through the use of cookies or other tracking technologies;
2. We will add a link to this Privacy Notice on our home page, or at a minimum, on the first significant page after entering the Sites;
3. Our Privacy Policy link includes the word “Privacy” and can be easily be found on the page specified above;
4. Users will be notified of any privacy policy changes on our Privacy Policy page;
5. Users are able to change their Personal Information by emailing us, by calling us, or updating their Personal Information in their online accounts with us;
6. Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. Because uniform standards for “Do Not Track” signals have not yet been adopted, we do not process or respond to such signals in users’ web browsers at this time; and
7. We allow the collection of users’ behavioral tracking by third parties. This may include certain Personal Information, such as your IP address
Your Rights and Choices
The California Consumer Privacy Act (“CCPA”) provides consumers who are California residents with specific rights regarding their Personal Information.
Right to Know About Personal Information Collected, Disclosed, or Sold
As a California consumer, you have a right to request what Personal Information we collect, use, disclose, and sell.
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request as described below, we will disclose to you:
1. The categories of Personal Information we collected about you
2. The categories of the sources for the Personal Information we collected about you
3. Our business or commercial purpose(s) for collecting or selling that Personal Information.
4. The categories of third parties with whom we shared that Personal Information.
5. The specific pieces of Personal information we collected about you
In addition, if we sold or disclosed your Personal Information for a business or commercial purpose, we will provide you with two separate lists disclosing:
1. Disclosures for a business purpose, identifying the Personal Information categories disclosed that each category of recipient obtained; and
2. Sales and/or disclosures for a commercial purpose, identifying the Personal Information categories that each category of each category of recipient obtained.
Right to Request Deletion of Personal Information
As a California consumer, you have the right to request that we delete any or all of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request to delete your Personal Information if retaining the Personal Information is necessary for us or our service providers to:
1. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities
3. Debug products to identify and repair errors that impair existing intended functionality
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.)
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us
8. Comply with a legal obligation
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it
Right to Non-Discrimination if You Exercise any of Your Rights
As a California consumer, you have the right not to be discriminated against for exercising any of your CCPA rights. Unless permitted by the CCPA, if you exercise any of your California rights, we will not:
1. Deny you goods or services.
2. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
3. Provide you a different level or quality of goods or services.
4. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
How to Exercise Your Rights to Know and to Delete
To exercise your rights to know and/or to delete described above, please submit a verifiable consumer request to us by emailing us at info@madebywendynyc.com
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
1. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or your authorized representative.
2. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with your Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We will confirm receipt of your verifiable consumer request within ten (10) days and provide you with information about how we will process the request, describing our verification process and when you should expect a response. We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period immediately preceding our receipt of your verifiable request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is useable and should allow you to transmit the information from one entity to another entity.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Information We Collect From California Consumers
We collect Personal Information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device. Personal Information does not include:
1. Publicly available information that is lawfully made from federal, state, or local government records
2. De-identified or aggregated consumer information
3. Medical information or protected health information governed by California and federal health information privacy laws
4. Clinical trial information subject to the Federal Policy for the Protection of Human Subjects (the Common Rule)
5. Personal information regulated by the Fair Credit Reporting Act (FCRA)
Within the last twelve (12) months, we have collected the following categories of Personal Information from California consumers. Some of the categories may overlap with each other
Categories of personal information:
Identifiers; such as, a real name, postal address, IP address, email address and telephone number.
Personal Information described in the California Customer Records statute (Cal.Civ.Code §1798.80(e); such as all identifiers listed above plus credit card number (only when provided through our service providers or third party payment processors). However, We do not collect information such as signature, social security, physical characteristics or description, passport numbers, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, or any other financial information or medical information or health insurance information.
Legally Protected Characteristics, such as, age / birthday are collected. However, We do not collect race, color, ancestry, national origin, citizenship, religion, creed, martial status, medical condition, physical or mental disability, sex (including gender, gender identity, genSPINder expression, pregnancy or childbirth and related medical conditions, sexual orientation, veteran, military status, genetic information.
Commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
Biometric information are not collected, such as, Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Internet or similar network activity, such as browsing history, search history, information regarding a consumer's interaction with a website, mobile application, or online advertisement are collected
Geolocation data, such as, physical location or movements (only collect geolocation data associated with a customer’s account or email address if the customer is signed in when they browse the Site) are collected
Sensory data, such as, audio (customer calls may be recorded when customer contacts our customer service team via telephone); however, We do not collect electronic, visual, thermal, olfactory, or similar information.
Employment information is not collected, such as, professional or employment-related information.
Education information, defined as nonpublic personally identifiable information under the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g and 34 C.F.R. Part 99) are not collected, such as education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Inferences drawn of other categories of Personal Information are not collected, such as, a profile created about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We obtain the categories of Personal Information from the following categories of sources:
1. Directly from our Users. For example, from information that you provide to us through our online forms, email, or other means
2. Indirectly from activity on our Sites. For example, from website usage details collected automatically
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
1. To fulfill or meet the reason for which the information is provided. For example, if you provide us with Personal Information in order for us to fulfill your product order
2. To provide you with information, products or services that you request from us
3. To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you
4. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections
5. To improve our Sites and present the contents to you
6. For testing, research, analysis and product/service development
7. As necessary or appropriate to protect the rights, property or safety of us, our Users, or others
8. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations
9. As described to you when collecting your Personal Information or as otherwise set forth in the California Consumer Privacy Act (CCPA)
10. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred
We may also use or disclose the Personal Information we collect for the following commercial purpose: to advance our commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your Personal Information to a third party for a business and/or commercial purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
In the preceding twelve (12) months, we have disclosed the following categories of Personal Information to third parties for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories
Category C: Legally protected characteristics
Category D: Commercial information
Category F: Internet activity
In the preceding twelve (12) months, we have disclosed the following categories of Personal Information to third parties for a commercial purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories
Category C: Legally protected characteristics
Category D: Commercial information
Category F: Internet activity
Category G: Geolocation Data
We disclose your Personal Information for a business purpose to the following categories of third parties:
1. Our affiliates.
2. Our service providers, including our data analytics providers, payment processors, email distribution services, and advertising networks.
3. Third parties to whom you authorize us to disclose your Personal Information in connection with products or services we provide to you.
In the preceding twelve (12) months, we have not sold any Personal Information for monetary consideration. We do, however, disclose information for a commercial purpose by working with companies to deliver advertisements to you across the Internet. We do not sell Personal Information of minors under 16 years of age without affirmative authorization.
Grievances and Complaints
Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.
Contact for More Information
If you have any questions or concerns about our Privacy Policy or this Notice regarding your privacy or Personal Information, please contact us at info@madebywendynyc.com.