Sharky’s Privacy Policy

Passion Foods, Inc. and its subsidiaries, licensees, franchisees and affiliated companies, including Sharky’s (collectively “Sharky’s”, “Sharky’s,” “we”, or “us”) is committed to letting you know how we will collect and use your personal information. This Privacy Policy is applicable to all of Sharky’s websites, applications or online services that link to this Privacy Policy (collectively, the “Sites”). We have established this Privacy Policy to let you know the kinds of information we may gather, why we gather your information, what we use your information for, when we might disclose your information, and how you can manage your information.

This Privacy Policy does not apply to information that you may submit to us offline, or to third-party websites and mobile applications that may be linked to on the Sites. We are not responsible for the actions and privacy policies of these third-party websites and applications.

By visiting our Sites, you are accepting the practices described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Sites. We reserve the right to modify the terms of this Privacy Policy from time to time without notice. Your continued use of our Sites following the posting of changes will mean you accept those changes.

If you have any questions about this Privacy Policy, you should contact us by email on our Talk to Us form.

What Information About Me Is Collected and Stored?

We collect two basic types of information from you: (1) personally identifiable information (“PII”) and (2) non-personally identifiable information (“non-PII”). PII is any information that you supply to us that can individually identify you. PII includes, among other things, your name, contact information (e.g., email address, postal address, telephone number), payment information (e.g., credit/debit card information, bank account number), driver’s license or state identification number, social security number, and photographs in which you may be recognized. Non-PII includes information that does not personally identify you. Non-PII includes, among other things, information about your use of the Sites, such as your IP address, device identifiers, general location information, and demographic data.

Personally Identifiable Information

As a general matter, you can browse the Sites without submitting your PII to us. However, there are a number of circumstances in which you may supply us with your PII. The following lists the most common ways in which we may collect your PII:

Registration for an account or creating a profile
Request for customer service or other assistance
Signing up to receive e-mail offers, newsletters or alerts
Submission of a Franchise Request Form or a Fundraiser Registration Request
Participation in surveys, panels, or market research
Participation in special events, contests or sweepstakes
Purchases on the Sites
Participation on social media accounts involving Company
Any other place on the Sites where you knowingly volunteer information

Collection of Personally Identifiable Information From Social Media Sites

When you interact with any Sharky’s page or account on a social media platform, we may collect the PII that you make available to us on that page, including your account ID or username. If you choose to log in to your Sharky’s account with or through a social networking service, Sharky’s and that service may share certain information about you and your activities. With your permission, we also may share information about your activities, including what you view on the Sites, with that social network’s users.

Non-Personally Identifiable Information

As stated above, we also collect non-PII when users interact with the Sites. Non-PII does not personally identify you. Generally, we collect and store the following categories of non-PII:

Demographic data such as age, gender, and five-digit ZIP code.
Device information about devices used to access the Sites.
Usage and traffic information such as pages viewed on the Sites, the date and time of access, and referring website addresses.
Aggregate data regarding the use of the Sites.

Collection of Your Location Information

You may send us information which may disclose the general location of your device at the time you access the Sites. Advertisements and certain content may be directed to you as a result of the collection of this data. In addition, in some cases the Sites can deliver content based on your specific location if you choose to enable that feature.

Collection of Information From Other Sources

We also may collect information about you that we may receive from other sources or from our offline interactions with you to, among other things, enable us to verify, update information contained in our records and to better customize the Sites for you.

Use of Cookies, Web Beacons and Other Technologies

Like many websites, we may use “cookies”, which are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences and actions. We use cookies to track use of our Sites and exposure to our online advertisements.

We may also use cookies to monitor traffic, improve the Sites, and make it easier to use and more relevant. Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or if you set your browser to decline cookies, some features of the Sites may not work or may not work as designed. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.

We may also use web beacons or other technologies. A web beacon (also known as “action tags”, “tracer tags”, or “single-pixel gifs”) is an invisible graphic on a web page that is programmed to collect non-PII about your use of a given website. We do not share or provide PII we may collect through such web beacons, such as names, e-mail addresses and phone numbers without your express permission.

The Sites also use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies or other tracking technologies to help us analyze how users interact with and use the Site, compile reports on Site activity, and provide other services related to Site activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring website. The Site does not use Google Analytics to gather any PII. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies.

Some content or applications on the Sites are served by unaffiliated third parties. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.

Your browser or device may include “Do Not Track” functionality. Sharky’s information collection and disclosure practices, and the choices that we provide to customers, will continue to operate as described in this Privacy Policy, whether or not a Do Not Track signal is received.

How Do We Use Your Information?

We use the information we learn from you to help us personalize and continually improve your experience on the Sites. We may use your personally and non-personally identifiable information in the following ways:

General Uses

We may use the information to:

Provide you with the content, products and services you request,
Communicate with you about your account or transactions with us and send you information about features and enhancements on or to our Sites,
Communicate with you about changes to our policies,
Send you newsletters, offers, promotions, or other communications about our products and services, including special or promotional events, including services, products, or events for which we collaborate or co-offer with a third party,
Advertise, including advertising based on your activity on the Sites,
Administer contests, sweepstakes, promotions, and surveys,
Administer loyalty programs,
Detect, investigate, and prevent activities that may violate our policies or be illegal,
Optimize or improve our products, services and operations, or
Perform statistical, demographic, and marketing analyses of users of the Sites and their viewing patterns.

Combination of Your Personally Identifiable Information

We may use the information from one portion of the Sites on other portions of the Sites, and we may combine information gathered from multiple portions of the Sites into a single record. We may also use or combine information that we collect offline or we collect or receive from third-party sources to enhance, expand, and check the accuracy of our records.

Who Do We Provide Your Information To?

We may disclose your PII collected on the Sites to our service providers, affiliates, partners, and other third parties as described below.

Third-Party Service Providers

We have third-party service providers, agents, franchisees, subsidiaries, and affiliates that perform functions on our behalf, including, but not limited to: hosting, content syndication, content management, technical integration, marketing, analytics, customer service, and fraud protection.

These entities may have access to PII if needed to perform their functions. If such access is required, the third parties will be contractually obligated to maintain the confidentiality and security of that PII. They are restricted from using, selling, or distributing this data in any way other than to provide the requested services to the Sites.

Assignment

We may change our ownership or corporate organization while providing the Sites. We may also sell certain assets associated with the Sites. In such event, we may transfer some or all of your information to an entity acquiring all or part of our assets or to another entity with which we have merged. Under such circumstances, we would request the acquiring party to follow the practices described in this Privacy Policy. Nevertheless, we cannot promise that an acquiring party or the merged entity will have the same privacy practices or treat your information the same as described in this Privacy Policy.

Law Enforcement, Legal Process, and Emergency Situations

We may also use or disclose PII if required to do so by law or on the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Sites; (b) protect and defend our rights or property, the Sites or our users, or (c) act to protect the personal safety of us, users of the Sites or the public.

Use of Non-Personally Identifiable Information

We may disclose your non-PII in any other manner that we deem appropriate. Among other things, we will disclose non-PII to third parties to help us determine how people use parts of the Sites and how we can improve our Sites. We will also disclose non-PII to our service providers and other third parties about how our users collectively use the Sites.

What Steps Are Taken to Keep Personally Identifiable Information Secure?

We are concerned about ensuring the security of your PII and take certain security measures to help protect such information. Our security procedures mean that we may occasionally request proof of identity before we disclose your PII to you. Please understand, however, that while we try our best to safeguard your PII once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

You need to help protect the privacy of your own information. You must take precautions to protect the security of any PII that you transmit over any public or untrusted network by using encryption and other techniques to prevent unauthorized interception of your PII. You are responsible for the security of your information when using unencrypted, public or otherwise unsecured networks.

How Long Do We Keep Personally Identifiable Information?

The time period for which we keep information varies according to what the information is used for. In some cases, there are legal requirements to keep data for a minimum period. Unless there is a specific legal requirement for us to keep the information, we will retain it for no longer than is necessary for the purposes for which the data was collected or for which it is to be further processed.

Children’s Information

The Sites are not intended for children under 13 years of age. Unless otherwise disclosed during collection and with parent or guardian consent, Sharky’s does not knowingly collect personal information from children under 18 years of age. If you are under 13 years of age, do not provide personal information to Sharky’s. If you are between 13 and 18 years of age, do not provide personal information to Sharky’s without a parent or guardian’s consent.

If Sharky’s discovers that a child under the age of 13 has provided Sharky’s with personal information and we do not have parental consent, Sharky’s will promptly delete that child’s information from the Sites. If you believe that a child under the age of 13 has provided Sharky’s with personal information without parental consent, please notify us immediately via email on our Talk to Us form.

Public Areas, Interactive Features and Activities

Please remember that any information you share in public areas becomes public and anyone may take and use that information. Please be careful about what you disclose and do not post any information that you expect to keep private. Please consult the applicable guidelines, if any, for use of these features. Sharky’s cannot control who views information that you post in public areas and is not responsible for how third parties may use or disclose information that you post in public areas.

When we run a contest, sweepstake or game relating to our Sites, it will be accompanied by a set of rules. The rules for each contest, sweepstakes or game will specify how the information gathered from you for entry will be used and disclosed if it is different than as described in this Privacy Policy. In conjunction with your entry in such contest or sweepstakes, PII will be collected if you voluntarily submit it.

Governing Law

These Sites are published in the United States. Our Sites are located and directed to individuals located in United States and our policies are directed at compliance with those laws. If you are uncertain whether this Privacy Policy conflicts with the applicable local privacy laws where you are located, you should not submit your PII to Sharky’s.

Notice to Non-US Users

If you use our Sites outside of the United States, you understand and consent to the transfer of your personal information to, and the collection, processing and storage of your personal information in, the United States and other countries. The laws in the U.S. regarding personal information may be different than the laws of your state or country.

Accessing and Correcting Your Information

If you have an account with Sharky’s or the Sites, you may review and change your information by logging into your account and editing your profile, via email through our Talk to Us form, by calling 805-496-8489, or via the “Need Help” section within the app. Be advised that we may not be able to delete your PII without also deleting your user account. You will not be permitted to examine the PII of any other person or entity and may be required to provide us with PII to verify your identity prior to accessing any records containing information about you. We may not accommodate a request to change or delete PII if we believe doing so would violate any law or legal requirement, or cause the information to be incorrect.

You may always opt-out of receiving future e-mail marketing messages and e-mail newsletters from Sharky’s. We provide you with the opportunity to opt-out of receiving communications from us by submitting an email via the unsubscribe link.

California Residents

In accordance with the CCPA, California residents have the right to request that we disclose the following information about our collection and use of “Personal Information,” over the twelve months prior to your requests:

- The categories of Personal Information we collect about you.
- The categories of sources for the Personal Information we collect about you.
- Our business or commercial purpose for collecting or selling that Personal Information.
- The specific pieces of Personal Information collected about you.
- If we disclosed your Personal Information for a business purpose, a list of the categories of Personal Information we have disclosed in the prior twelve months.
- If we sold your Personal Information for a business purpose, a list of the categories of Personal Information we have sold in the prior twelve months.
- You also have the right to request that we delete any of your Personal Information. In some circumstances we may not be able to honor your request for deletion – for example, if we need to hold on to your information to protect the security or functionality of our operations, to service your account, or to comply with legal obligations.

To ask for a record of the information we hold about you, or to ask us to delete your information, please email us at privacy@sharkys.com. You must provide enough information that we can verify who you are and that you are a California resident. We will only use personal information provided in a request to verify the requester’s identity and authority to make the request.

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