Effective January 2018
The The Counter Franchise System
The Counter and its third-party service providers collect information about you from a variety of sources, including information you provide directly to us, and information we collect about you when you interact with us. For example, we and our third-party service providers collect information both directly and indirectly from you when you:
- order and/or purchase any of our brand’s products or services;
- contact or communicate with us;
- create an account with us;
- request information from us;
- register for any event or program, and/or participate in any event, program, contest, surveys, or other promotion that we may offer directly or with another third party from time to time (collectively, “Promotions”);
- begin or complete the application process for a franchise opportunity, or for employment by Kahala Management, L.L.C.;
- access or use The Counter U.S. pages or accounts on any third-party social media platforms such as Facebook, Twitter, or Foursquare (“Social Media Pages”);
- sign-up for communications (e.g. social media notifications) from us;
- provide or submit comments, stories, suggestions, or other content or input to us;
- interact with The Counter U.S. Online Services via mobile, tablet or laptop device; and/or
- otherwise interact with us and The Counter U.S. Online Services.
We and our third-party service providers collect Personal Information provided by you or on your behalf, which information may include your:
- telephone numbers (including mobile numbers);
- email addresses;
- birthday details and/or age;
- demographic information;
- financial information (e.g., credit and debit card numbers).
We do not require you to provide any information related to your racial origin, religious beliefs, or sexual orientation.
When you use the fingerprint login features on your Apple or Android devices, we do not receive your fingerprint data. Your mobile phone’s authentication mechanism helps us verify that it is you.
We and our third-party service providers may also collect information, including Personal Information, relating to your purchases from The Counter locations and our Franchised Operators and Licensees, such as the authorization code of the transaction, payment method, the date and time of the transaction, items purchased, and the purchase price (“Transaction Data”).
Information Collected Automatically
We and our third-party service providers use tracking technologies such as Traffic Data, Cookies, Web Beacons, and others to automatically collect certain information from you when you use The Counter U.S. Online Services. The following are examples of information we may collect with these technologies:
- your IP address, browser type, and operating system;
- your device attributes including but not limited to device ID;
- pages you view within The Counter U.S. Online Services (including videos viewed);
- if you buy goods from us, what you buy, where you buy, how frequently you buy and rewards you earn;
- search information (e.g. terms or keywords you search for when using the The Counter U.S. Online Services);
- websites you visited before coming to The Counter U.S. Online Services;
- emails from us that you open and/or forward; and/or
- offers or links from us to which you connect.
We use this information to personalize your online experience and for marketing purposes.
The Counter U.S. Online Services tracks and collects your IP address, domain server, type of computer, and type of web browser (collectively, “Traffic Data”) for our marketing purposes and to manage and improve The Counter U.S. Online Services.
- For Microsoft Internet Explorer: http://www.microsoft.com/info/cookies.mspx;
- For Mozilla Firefox: https://support.mozilla.org/en-US/products/firefox/protect-your-privacy/cookies;
- For Safari: http://support.apple.com/kb/HT1677; and/or
If you choose to decline Cookies, you may not be able to fully experience the interactive features of our The Counter U.S. Online Services or programs, features, and services made available through any of The Counter U.S. Online Services.
Certain pages on The Counter U.S. Online Services and Social Media Pages may contain web beacons (also known as Internet tags, pixel tags, and clear GIFs), which are small bits of code embedded in pages or images on The Counter U.S. Online Services and Social Media Pages (“Web Beacons”). We may also include Web Beacons in e-mails we send to you to learn if messages have been opened, acted on, or forwarded. You can disable the ability of Web Beacons to capture such information. Please refer to the “Help” menu of your browser to learn more about Web Beacons and your ability to disable them.
We and our third-party service providers may also utilize other tracking technologies. For example, if permitted by applicable law, we may collect “referrers” and various environmental variables. A “referrer” is information the web browser passes along to our or our third-party service provider web servers, which refers to the URL from which you accessed The Counter U.S. Online Services. Environmental variables may include, among other things, the domain from which you access the Internet, the time you accessed The Counter U.S. Online Services or Social Media Pages, the type of web browsers and operating system or platform used, the Internet address of the website you left to visit The Counter U.S. Online Services or Social Media Pages, the names of the web pages you visit, and the Internet address of the website you visit next. These environmental variables are collected by many websites. We use these technologies for marketing purposes and to optimize user’s experience with The Counter U.S. Online Services.
You may encounter tracking technologies/cookies from our third party service providers that we have allowed on our The Counter U.S. Online Services. We do not control the tracking technologies used by third party providers as detailed herein.
We may target and track the videos you view on The Counter U.S. Online Services. You consent to our tracking of your video viewing through the The Counter U.S. Online Services or third party social media for up to two years or as permitted by applicable law or until you withdraw consent.
We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), on certain The Counter U.S. Online Services. Google Analytics collects information such as how often you visit The Counter U.S. Online Services, what pages you visit within The Counter U.S. Online Services, and what other sites you visited prior to coming to the applicable The Counter U.S. Online Service. We use the information provided by Google Analytics to improve The Counter U.S. Online Services. For more information regarding how Google collects, uses and shares your information please visit http://www.google.com/policies/privacy/partners/. Google provides users more choice on how their data is collected by Google Analytics by developing an Opt-out Browser Add-on which can be located at: http://tools.google.com/dlpage/gaoptout?hl=en. By installing this Add-on, no information is being sent to Google Analytics.
California’s Do Not Track Notice
At this time, there is no worldwide uniform or consistent industry standard or definition for responding to, processing, or communicating Do Not Track signals. Thus, The Counter U.S. Online Services are unable to respond to Do Not Track Signals. We do not, however, currently track your Personal Information over time and across third-party websites.
The Counter does not allow third parties to collect Personal Information about your online activities when you use The Counter U.S. Online Services for such third party use. We do use third party web analytics services on The Counter U.S. Online Services, such as Google Analytics, to help us obtain and analyze information about your browsing or usage habits but this information does not include Personal Information other than your IP address.
In addition to the information described above, we and our third-party service providers may collect additional information when you utilize any of our mobile applications, including for example, the type of mobile device you use, the temporary or persistent unique device identifiers (sometimes called UDID), the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use our mobile applications.
If you utilize any of the location-based services in our mobile applications, such as the fine a location function, we and our third-party service providers may collect, use, and share location data, including the real-time geographic location of your device. We use such information to provide and improve location-based products and services. You may opt-out from further allowing us to have access to your location data by adjusting the permissions in your mobile device.
We use your information that we collect, including Personal Information, for a variety of business purposes, including for example:
- providing our brand’s products and services to you;
- processing payments;
- communicating with you regarding our locations, products, services, events, Promotions, and other offers;
- tailoring our brand’s products, services, Promotions, communications, and The Counter U.S. Online Services, and advertisements to your interests;
- creating and managing your accounts with us (e.g., email clubs, text distribution lists, rewards programs, online registration for events, online ordering, mobile payments, etc.);
- administering our Promotions and other offers;
- responding to your inquiries, comments, stories, or postings;
- improving and customizing our brand’s products, services, Promotions, and The Counter U.S. Online Services;
- for internal operations such as enhancing our product and service offerings, marketing efforts, and to conduct research and analysis;
- developing new products, services, and Promotions;
- for marketing purposes;
- to prevent, detect, and investigate fraud, security breaches, and potentially prohibited or illegal activities;
- to enforce our Terms and Conditions of Use; and/or
- to protect the security and integrity of our business and The Counter U.S. Online Services.
Information Sharing and Disclosure
We may share and disclose your Personal Information under the following circumstances:
- with third parties that provide a variety of services on our behalf, including the development, maintenance, and support of The Counter U.S. Online Services and Social Media Pages, payment processing, online and mobile application ordering, the distribution of email and mobile messages, Promotions, ad serving, marketing, and marketing research and analysis;
- with our Franchised Operators and Licensees in order to provide our brand’s products, services, and Promotions to you, and for marketing purposes;
- to comply with law, a court order, or other legal process, or in connection with a legal investigation;
- as may be necessary to protect the safety, property, or other rights of The Counter U.S., its Affiliates, Franchised Operators and Licensees, and our and their respective employees, customers, visitors, users, or any other person or entity;
- to enforce any applicable terms and conditions and other agreements;
- in the event of a corporate transaction (for example, the sale of our company, our assets or a portion of our assets to a third party, or financing);
- in aggregated or other non-personally identifiable form; and/or
- in accordance with your consent.
We do not sell your Personal Information to third parties for their marketing purposes.
User Generated Content
Collection and Use of Personal Information of Prospective The Counter Franchised Operators
If you complete an application for a franchise opportunity with The Counter, or express interest or otherwise request information about franchise opportunities, we collect Personal Information that you provide in connection with your request for information and/or to evaluate your application for a franchise restaurant business opportunity. We may also collect Personal Information about you from third parties to supplement, update, or verify your information, and/or to process your application for consideration as a Franchised Operator. Applicable law may require that you authorize a third party to share your Personal Information with us before we can acquire it. Failure to provide any requested information may negatively impact consideration of your application to become a Franchised Operator. By expressing interest in becoming and/or applying to become a Franchised Operator, you consent to our collection, use, and disclosure of your Personal Information in this manner.
Collection and Use of Personal Information of Kahala Management, L.L.C. Employment Applicants
If you complete an application for employment with us, or request information regarding such opportunities, we collect Personal Information that you provide in connection with your request for information and/or to evaluate your application for employment with us. We may also collect Personal Information about you from third parties to supplement, update, or verify your information, and/or to process your application for consideration as our employee. Applicable law may require that you authorize a third party to share your Personal Information with us before we can acquire it. Failure to provide any requested information may negatively impact consideration of your employment application. By applying to become an employee of ours you consent to our collection, use, and disclosure of your Personal Information in this manner.
We provide you with the opportunity to update and/or delete certain information and to opt-out of having your Personal Information used or disclosed for certain purposes. For example, you may
- correct, update, and delete your online accounts;
- change your choices for subscriptions and certain communications (e.g., email clubs, text distribution lists, rewards programs, and other notifications);
- choose whether to receive Promotions and offers from us;
- request that we do not share your Personal Information with third parties for their marketing purposes; and/or
- request access to your Personal Information.
Because we plan our communications in advance, it may take several weeks for your request to become effective. If you continue to receive our communications after expressing an opt-out preference, please let us know so that we can investigate the situation.
We do not knowingly collect Personal Information online from children under the age of 13 without parental or guardian consent. Please contact us via the Contact Information provided below if you believe we may have collected such information without parental or guardian consent or other than in a manner authorized by law, and we will work to delete it. We or our Affiliates may need to access and use your child’s personal information in order to respond to a service request, prevent fraud, or assist us in the management and improvement of our The Counter U.S. Online Services. We encourage parents of children under 13 to regularly check and monitor their children’s use of e-mail and other activities online.
Links, Third-Party Websites, and Social Media Platforms
Franchised Operator and Licensee Online Services
We may, subject to certain terms and conditions, allow a Franchised Operator or Licensee to link to The Counter U.S. Online Services. The Counter, however, is not responsible or liable for any Franchised Operator or Licensee Online Services, even if it is linked to this Site, or for any Franchised Operator’s or Licensee’s online conduct and privacy practices.
- Kahala Franchising, L.L.C.
- 9311 E. Via de Ventura
- Scottsdale, Arizona 85258 USA
- Attn: Marketing Manager
- Email: firstname.lastname@example.org
- Via the Web: http://www.The Counter.com/contact/
- Phone: (480) 362-4800, (866) 4-KAHALA
©2018 Kahala Franchising, L.L.C. All rights reserved.