ZOUP! PRIVACY POLICY

Last Updated on Augut 4, 2023

Zoup, and its parent company, WOWorks, (“we,” “our,” or “us”) are committed to protecting your privacy.

This Privacy Policy describes the personal information we collect on Zoup.com and any other authorized sites, services and tools where this Privacy Policy appears (collectively, this “Site”), how we use it, and when we share it with third parties. Program terms applicable to Programs not described herein or in the Terms of Use Statement provide additional information about information collected related to that Program(s) and how it is used in connection with the applicable Program. This Privacy Policy applies to activities we engage in on this Site, information collected via this Site, and activities that are offline or unrelated to this Site, as applicable. This Privacy Policy does not apply to information collected on third party sites (see Third Party Sites section below). Please note that not all of the features/functionality described are available on or through each portion of the Site.

By using this Site, you agree to this Privacy Policy and to the Terms of Use Statement (“Statement”) governing its use and Program terms applicable to various Programs. If you have questions, comments or concerns about this Privacy Policy, please Contact Us. Be sure to check this page periodically for updates, as your continued use of this Site and/or participation in any Program signifies your acceptance of any changed terms.

INFORMATION COLLECTED AND HOW IT IS USED

While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you.  We may also collect personal information that we are authorized to obtain by you or by law.  The types of personal information we collect will depend on how you are interacting with us using our Site and services.  For example, we may collect different information from you if you contacted us regarding services provided at a restaurant owned and operated by one of our franchisees, or if you contact us with a question about employment opportunities at Zoup. Depending on how you interact with our websites, the information we may have collected from you and others within the past 12 months may include:

  1. email address,
  2. first name and last name,
  3. birthday,
  4. phone number,
  5. street address, state/province, zip/postal code, city,
  6. user name and password
  7. Internet Protocol address,
  8. usage data, and
  9. user image information.

Information is collected about you (directly and/or through the activities of third-party suppliers and service providers (“suppliers”) and/or franchisees) from various sources. including without limitation the following:

  1. information you provide when you Contact Us through this Site,
  2. information you provide on the Program/account registration and other online pages, surveys, or other submission through this Site and/or in connection with Programs and services available through this Site,
  3. information recorded as a result of your interaction with us and/or franchisees and/or use of the Site (including without limitation information we receive when you use your Program member card(s), historical sales information, information about your location and the device you are using, through this Site or any other website or in any other manner),
  4. information you provide when you respond to surveys conducted by or on behalf of us and/or franchisees,
  5. information we gather about you through our marketing activities (see the Site Usage and Targeted Marketing Information section below),
  6. information we collect about you from outside of this Site, including without limitation information we receive from you in person and/or from third parties (including without limitation from franchisees and referrals from third parties),
  7. information we collect about you from third parties in order to supplement our existing information about you, and
  8. as described elsewhere in this Privacy Policy and applicable Program terms.

The information collected may be combined with other information and may be used and disclosed in a number of ways by us (directly and/or through the activities of franchisees and/or supplier(s)), to help us better understand and serve our customers, or as otherwise described, including without limitation as described below.

  • To provide you with, or otherwise respond to your requests for, information and/or services, including but not limited to e-newsletters, access to our webcasts concerning quarterly earnings, marketing and other programs, identifying a Zoup location and letting you know if you qualify for an Operation Donation program.
  • To administer Programs and services, including without limitation providing you with services and Program benefits, features and related communications, to verify your participation in the Program or service, to process orders placed and applicable payments, to track submissions, to make your historical ordering information available to you for your future ordering purposes. Note that third party information you provide (for example, your friend in a forward-to-a-friend program) may be maintained in connection with your submission.
  • To provide you with information about new products or services, events in our Zoup restaurants, events that Zoup or its franchisees sponsor, including but not limited to contests, sweepstakes and surveys, and other special offers and marketing programs, which may include information about our affiliated company(ies), franchisees and/or other programs with which any of us or them are involved.
  • To enhance our customers’ and Site users’ experiences in our Zoup restaurants, on this Site or in a Program and enhance the sales efforts of Zoup and/or its franchisees.
  • To provide Site and Program functionality.
  • To conduct research and analysis and to otherwise measure the effectiveness of this Site, our online and offline marketing efforts and to develop and implement products, services, and marketing programs. This analysis may include combining personal data drawn from online and offline sources.
  • To work with third parties to append data to our records or enable other parties to append your non-personal data to their records.
  • In connection with certain submissions by you as described in the Statement.
  • To coordinate Program activities and communications with other marketing programs conducted by us and/or franchisees.
  • To process your online job application and related information.
  • For purposes of targeted or customized advertising or messaging to you, as further described in Site Usage and Targeted Marketing Information.
  • To learn more about potential investors in our company, and to allow you to ask questions and receive responses during our webcasts for investors.
  • As otherwise described in this Privacy Policy, the Terms of Use Statement and/or Program terms or on this Site at the time such information is collected.

HOW WE SHARE PERSONAL INFORMATION:

We do not sell or rent to third parties any of the personal information that you provide to us through this Site. We do not authorize third parties unaffiliated with Zoup to make independent use of your personal information for their own benefit, such as for their own direct marketing, without your consent. When we do provide your information to our suppliers who are performing services for us, they are only permitted to use that information to assist us.  Additionally, aggregated and/or anonymous information about our users may be shared with any number of third parties. Additionally, we may share your information with our affiliates, subsidiaries, franchisees, lenders, investors and/or third-party providers. In addition to the uses described above, we share information with these third parties primarily to respond to your specific request or to obtain their service and/or advice on how to improve our business. Your personal information may be transferred to and within the United States and Canada, and certain of your personal information may be transferred to other countries. Please also see Security of Your Personal Information below.

Additional categories of personal information will not be collected and personal information will not be used for additional purposes without providing you with notice and/or first updating our Privacy Policy.

GIFT CARDS

We use third party service providers to make gift card and e-gift card services available to you. The information that you submit while placing a gift card order is collected by our third-party gift card service providers. Please review the privacy policy on the gift card service site. Please also see the Third-Party Sites section below.

FRANCHISE INQUIRIES

Information and forms available on the Franchise Information section of this Site are applicable only to prospective franchisees in the United States and Canada. If you would like to inquire about becoming a franchisee outside of the United States and Canada, please contact our FRANCHISE DEVELOPMENT DEPARTMENT.

Information on a submitted online form will become part of any application for a Zoup franchise that you might later submit. We may disclose your personal information to our business units, agents, affiliates and to other third parties as part of our consideration of any subsequent franchise application. We do not authorize unaffiliated third parties to use your personal information for any purpose other than consideration of your application.

CONTESTS/SWEEPSTAKES

On occasion, Zoup may conduct or sponsor contests/sweepstakes with the opportunity to win prizes. As part of entering a contest or sweepstakes on-line through this Site or through a third-party provider site, certain personal information may be required. This information will be used as described in the applicable Official Contest/Sweepstakes Rules.

SURVEYS

From time-to-time Zoup, directly or utilizing the services of third-party provider(s), may ask you to participate in surveys. If you provide personal information, this information will be utilized as described in the privacy policy applicable to the site collecting the information, and any information transferred to Zoup shall be utilized as described in Information Collected and How It Is Used. Survey responses received by Zoup may not be in an anonymous format and may be associated with your Program account number or the like.

JOB APPLICATION INFORMATION

It may be possible to apply for certain jobs at Zoup through this Site. If you choose to apply through this Site, you will be required to provide certain personal information, to complete questionnaires related to evaluation of your qualifications for certain positions, or provide a resume or other similar employment experience description. You may also be asked to provide your gender and racial/ethnic origin on a voluntary basis, which information will not be provided to anyone involved in the hiring decision and will be used solely for EEO tracking purposes. Zoup uses suppliers to provide certain of these services. We encourage you to review their privacy policies. (See Third Party Sites provisions below). Information you submit online through this Site or through supplier sites may be made available to suppliers and/or franchisees of Zoup, as well as certain employees and contractors of Zoup. This Privacy Policy does not apply to information sent to us by emails or faxes as such information is sent and received outside of this Site.

Please note that certain suppliers’ sites may also allow you to submit your resume and/or otherwise apply for jobs at franchisee locations. Zoup is not responsible for the hiring or employment practices of its franchisees. As described in the Our Business Structure section in the Statement, Zoupassumes no responsibility for the privacy practices of our franchisees in their handling of the personal information they collect from you online or offline. If you have questions or concerns about a Zoup franchisee, please contact that franchisee directly. If you need assistance reaching a franchisee, please Contact Us or see the For More Information section below.

PRESS INFORMATION

If you are a member of the press, Zoup will collect your name and contact information in order to respond to you. We may store your personal information and inquiries for future reference.

SITE USAGE AND TARGETED MARKETING INFORMATION

Like most web sites, this Site gathers traffic patterns, site usage information and similar data. This usage data may identify you individually and we may associate it with other personal information that we collect from you on this Site and related to any Program(s) you participate in and as otherwise described in this Privacy Policy (see Information Collected and How It Is Used section of this Privacy Policy and any applicable individual Program terms for more details on how this information is used). This usage data may also be used in anonymous and/or aggregated form. We may share anonymous and/or aggregated statistics about visitors to this Site with others outside our Company, and we may allow third-parties to collect and aggregate non-personal information through this Site and/or supplier sites accessible from or through this Site.

This Site may use cookies, pixels, web beacons (described below) or other similar technology to enhance the browsing and usage experience on this Site. The information captured about your activities on this Site will make it possible for us, among other things, (i) to speed navigation and provide you with custom tailored content; (ii) to remember information you gave to us so you don’t have to re-enter it each time you visit this Site; (iii) to monitor the effectiveness of certain of our marketing campaigns; (iv) to monitor total number of visitors, pages viewed, web address you came from and type of browser you are using, and (v) enforce limitations on downloads described for on-line coupons and other similar offers.

We may from time to time use your information and third-party service providers to implement and evaluate our marketing activities and programs, including without limitation activities on our Site and to engage in targeted and personalized online advertising on third party websites or other online or offline services operated by third parties. This marketing may be completed using data collected about you over time in connection with Programs you participate in, on this Site and other sites on the Internet, from our other marketing activities and programs, and from third parties with whom we work. This data may be collected on an individual basis, such as through information you have provided to us on this Site or through a Program, or based on the use of cookies, pixels, web beacons and other technology, as described below. This information may also be available to and/or shared with the third-party service providers and others outside our Company on an anonymous basis for their own business purposes. For information about opting out of our third party service provider cookies/pixels/web beacons and certain other targeted advertising, please visit the Network Advertising Initiative website NETWORKADVERTISING.ORG  and ABOUTADS.INFO/CONSUMERS .

“Cookies” are small files or records that are stored on your computer’s hard drive when you visit a website. To opt out of receiving most cookies related to this Site, including cookies used for targeted advertising, you can clear your browser(s) of all existing cookies, and set your browser(s) to refuse cookies. The “help” functionality of your browser(s) will explain how to do this. If you refuse cookies, your experience on this Site, some Programs, and some of our online advertising may be affected — for example you may not be able to utilize all of the functions on this Site. If you delete your cookies, change browsers or use a different computer, any opt-out cookie may no longer work and you will have to opt-out again.  We may also use a “pixel” or “web beacon” which is a line of code used by a website or third party ad server to cause a cookie to track a user’s activity on particular sites and/or using particular advertising/links, for example, to record that a user has visited a particular webpage and to collect other information about that user on that site, including without limitation the IP address of the computer (and therefore infer information, such as geolocation), web pages being viewed, date/time viewed, and user activity on a particular page.

Some web browsers allow you to turn on Do Not Track (“DNT”), which sends signals to websites you visit, telling those sites that you do not want your online activities to be tracked. Our Site is not designed to respond to DNT signals received from web browsers.

We may also use JavaScript to help our Site, especially pictures, function better. You can turn JavaScript on or off in your browser functions, but if you turn it off, you may not be able to use all of the options on our websites.

Sometimes we use technology to collect the information that your browser uses to auto-fill.  We use this to tell you if there is a mistake in registration or if the registration cannot be submitted.  You can stop this technology by turning it off in your browser, and you will still be able to use all of the options on our websites.

PROTECTING OUR COMMUNITY

The law requires that we and our suppliers may be required to share your personal information and non-personal information pursuant to judicial or governmental subpoenas, warrants or other like orders and in other ways necessary to comply with applicable law. If we are required to do so, we will, of course, obey the law. In addition, notwithstanding any term to the contrary in this Privacy Policy, we and our suppliers reserve the right to use and disclose your personal and non-personal information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, violation of third party rights, situations involving potential threats to the physical safety of any person, or any other similar situation, violations of the Statement, any Program terms and/or as required by law.

CHILDREN’S PRIVACY

This Site is not directed toward children under the age of thirteen, and we do not knowingly collect any personal information from children under the age of thirteen. We do not knowingly sell any personal information of individuals under 18 years old. If you are between the ages of 13 and 18, please ensure that you use this Site with the permission of a parent or guardian. If a child under thirteen provided this Site with personal information, we ask that a parent or guardian “Contact Us,” via email at [email protected].

SECURITY OF YOUR PERSONAL INFORMATION

Zoup maintains reasonable physical, electronic and procedural safeguards to protect your personal information. Unfortunately, though we can’t guarantee that any safeguards or security measures will be sufficient to prevent a security problem. If you believe your account(s) have been compromised, please immediately Contact Us and take immediate action to remove the credit card, Zoup gift card or other payment information associated with your account(s).  Personal information and non-personal information are stored on computers and servers located in the United States. The United States may not offer a level of privacy protection for personal information as great as that offered in other jurisdictions. Therefore, the disclosure of personal information is at your own risk. Email submissions over the Internet may not be secure. Please consider this fact before emailing any personal or confidential information.

TRANSFER OF ASSETS OR BUSINESS

In the event of a transfer or sale of some or all of our business or assets, Zoup may disclose your personal information to those involved in such a transfer or sale of business or assets. We may also disclose your personal information to a third party in the event of any reorganization, merger, joint venture, or assignment of our assets or ownership interest (including any bankruptcy or similar proceedings).

CHANGING YOUR INFORMATION

Please notify us immediately of a lost or stolen member card.  If you need to update, verify or delete your personal information related to a particular Program or service, please edit your account in the area provided, if available as part of a Program, Contact Us, or contact us at 303.573.2433. Note that not all fields are able to be changed. If you need to update or verify your personal information related to a job application, or wish to remove yourself from future consideration for other career opportunities, please go to the Careers section of this Site, and use your username and password to update or verify your personal information or to indicate that you no longer want to receive emails regarding other career opportunities. Please, note, however, that changes made either in an account area or by contacting us directly may not remove your personal information from specific uses for which it was previously provided or active marketing or other programs. This information will be updated as soon as reasonably possible, subject to retention for Program administration, dispute resolution, troubleshooting and other valid legal or business reasons. Please note that your historical usage information may remain in our records.

OPT-OUT

To opt-out of email marketing communications, unsubscribe using the “unsubscribe” choices at the bottom of an email marketing communication from us, or refer to the applicable account page.  To opt-out of certain site and online advertising tracking, see Application/Site Usage and Targeted Marketing Information. To opt-out of future offline uses of your personal information, do not use your Program member card(s) or account(s) and Contact Us and request that your personal information be deleted.  Please, note, however, that changes made either in an account area or by contacting us directly may not remove your personal information from specific uses or active marketing or other programs. This information will be updated as soon as reasonably possible, subject to retention for Program administration, dispute resolution, troubleshooting and other valid legal or business reasons.

THIRD PARTY SITES

This Site may provide links to web sites not operated by Zoup, including without limitation our supplier(s) related to certain Programs or services offered through this Site. Zoup assumes no responsibility for third-party websites, including but not limited to, the privacy practices of these third-party sites. We encourage you to be aware of this when you leave this Site, and we recommend that you review the privacy policies of every web site that collects personal information from you. This Privacy Policy applies only to this Site.

Although this Site may open a new browser window when you click on a link to a third party’s site, we do not guarantee that you will receive this alert when you leave this Site. It is your responsibility to determine when you have left this Site.

We may also provide you with access to third party functionality that allows you to post certain content from this Site to your social media account(s). Any information that you post to a third-party site is governed by the applicable third party’s site terms and privacy policy.

CALIFORNIA PRIVACY NOTICE

If you are a California resident you may have the following rights or choices that we will accommodate where your requests meet legal and regulatory requirements and do not risk making our other data less secure or changing our other data. You may also designate an authorized agent to make a request on your behalf. You may have the right to request that we disclose the following about personal information that we collect, use or disclose to third parties for their direct marketing activities:

  1. The categories of personal information we have collected about you,
  2. The categories of sources from which the personal information was collected,
  3. The business purpose for collecting personal information,
  4. The categories of third parties with whom we share personal information, and
  5. The specific pieces of personal information we have collected about you.

“Legal Categories” of Personal Information: The law requires us to tell you about the personal information we collect about you in a certain way – specifically, we need to tie it back to “legal categories” of personal information that are listed in the law. To do this, we bundled up the information we gave you above in our Privacy Policy and matched the different types of personal information we collect about you with the legal category. To make things easier to understand, we’ve put this information in a chart that shows you these things:

  1. The category of personal information, and types of personal information we collect about you for each legal category,
  2. The source of the information, and
  3. The business purposes for which we collect and may share your personal information and with whom.

We’ve included these things in the California Privacy Chart at the end of this California Privacy Notice.

Access, Erase: You may have the right to know what information is being collected about you, to access your personal information, to receive a copy of your information, and to know whether your personal information is disclosed and to whom.  You may also request that we delete any personal information about you that we have collected from you.

To make such requests, please “Contact Us” via email at: [email protected].  We verify requests for disclosures about personal information, and requests for the deletion of personal information.  Your request must include your first and last name, address, phone number and an email address.  If you have an account with us, you must provide the account information with your request.  We will compare the information you provide with your request with previous information provided by you to verify it is you making the request.  We may also contact you by telephone, text or email to complete this verification.  If you authorize an agent to make a request on your behalf, the agent must also provide documentation such as a power of attorney or other signed and notarized authorization from you to verify your agent’s right to request (and in the case of disclosure requests, right to receive information) on your behalf.  Any personal information we collect in connection with verifying your request will solely be used for that purpose.

Non-Discrimination: You have the right not to receive discriminatory treatment by us because you exercise your privacy rights. We will not discriminate against a consumer because the consumer exercised their rights described above, including but not limited to, by:

  1. denying goods or services to the consumer,
  2. charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties,
  3. providing a different level or quality of goods or services to the consumer,
  4. suggesting that the consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.

Due to the value of consumer data, we derive from consumers who provide personal information though our customer loyalty App Programs, which are not offered through our Site, but are offered through an online App, we may offer consumers who participate in these Programs discounts on purchases.  The difference in price for consumers who participate in these Programs will be reasonably related to the value of the consumer data we derive.

California Shine the Light: California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits California residents to annually request, free of charge, information about the personal information (if any) disclosed to third parties for direct marketing purposes in the preceding calendar year. We do not share personal information with third parties to market third party products and services or for their own marketing purposes.

California Privacy Chart: The following chart describes the categories of personal information covered by this California Privacy Notice that we may collect about you and have collected in the past 12 months and, for each category, where and why we collected it, and the categories of entities with which we shared the personal information. Our products and services are provided through independently-owned and operated franchises and we obtain information from them.

Categories of Consumers’ Personal Information Categories of Sources Purpose(s) for Collection of Consumers’ Personal Information Categories of Third Parties With Which Personal Information Was Shared for a Business Purpose
Personal Identifiers – such as, name, postal address, Internet Protocol address, mobile ad ID address, email address, account name, image information, or other similar identifiers ·       Franchises

·       Consumers

·       Third-party data sources (such as data aggregators)

 

·       Questions and Communications

·       Products and Information

·       Marketing

·       Business Operations

·       Data Analytics

·       Safety and Security

 

·       Service providers (vendors that provide services to us in connection with our business operations, including vendors that process payments, verify customer information, manage customer information, advertise and market our products and services and those of our affiliates, provide security services, cloud-based data storage, host our website and assist with other IT- related functions, provide analytics information, legal and accounting services, among other business functions)

·       Franchises

Protected Characteristics – such as age (over 40); sex/gender; or marital status ·       Third-party data sources ·       Marketing and internal analysis ·       Service Providers
Commercial information – such as products or services purchased, obtained or considered, or other purchasing or consuming histories or tendencies ·       Franchises

·       Consumers directly

·       Consumers interacting with our Site

·       Providing products and services

·       Marketing

 

·       Franchises

 

Internet or other electronic network activity information, including browsing and search history ·       Consumers interacting with our Site ·       Security processes

·       Customer service and support

·       Marketing

·       Service Providers
Geolocation data ·       Consumers interacting with Sites or advertisements

·       Third-party data sources

·       Provision of products and services

·       Customer service and support

·       Marketing

·       Franchises

·       Service Providers

 

 

Inferences drawn from personal information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, and attitudes ·       Third-party data source ·       Marketing ·       Service Providers

We Do Not Sell Your Personal Information: In the last 12 months we have not sold any personal information. We do not and will not sell personal information.

PRIVACY RIGHTS IN CANADA

If you are a resident of Canada, through your access and use of our Site that is available in Canada, you signify your consent to the collection, use and disclosure of your personal information as described in this Privacy Policy.  We collect, use and share your personal information with your consent (express or implied) or as we are otherwise permitted or required by applicable laws or regulations.  If our collection and use is based on your consent, then you may change or withdraw your consent at any time. To make such a request, please “Contact Us”, via email at [email protected].

When you withdraw or vary your consent, our ability to provide you with rights to use our Site may be affected.

Subject to legal limitations and exceptions, you may request to review and/or correct your personal information.  To make such a request, please “Contact Us”, via email at [email protected]  and submit your request to review and/or correct this information.  We will require proof of your identity before providing access to your personal information to you.

We will only send you commercial electronic messages if we have obtained your express opt-in consent to receive such messages from us, our franchisees and marketing partners as applicable.  Commercial electronic messages will only relate to the specific purpose for which you consented.  You may withdraw your consent and opt-out or unsubscribe from commercial electronic messages at any time by following the instructions contained in the message or that are available through our Site.  All requests to opt-out or unsubscribe from receiving commercial electronic messages will be processed promptly.

If you expressly consent, we may provide notifications to you via short message service (“SMS”)/text messages regarding our products, services and promotions.  You can unsubscribe from the SMS/text message service at any time by texting “STOP” or “ARRÊT” to us.  If you require further information, text “HELP” or “AIDE” and we will respond with customer service information, cost and message frequency information and instructions on how to unsubscribe from SMS/text messaging from us.

Your personal information collected through our Site or when you otherwise engage with us may be stored in the United States, Canada or any other country in which we or our service providers maintain facilities.  When your personal information is stored outside of Canada, it may be accessed by foreign governmental authorities and otherwise in accordance with the laws applicable in the jurisdiction in which it is stored.  The data protection laws of other countries or jurisdictions may be more or less restrictive than Canadian data protection laws.  For additional information regarding the collection, use, disclosure or storage of personal information by our service providers located outside of Canada, please “Contact Us”, via email at [email protected].

 MISCELLANEOUS

  • This Privacy Policy is subject to, and incorporated by reference into, the Statement.
  • Capitalized terms referenced in this Privacy Policy but not defined herein shall have the same meaning as identified in the Statement.

FOR MORE INFORMATION

If you have any questions regarding our Privacy Policy, please Contact Us or write to us at:

Attn:  Legal Department
WOWorks, LLC
3135 1st Ave. N Suite 15459

St. Petersburg, FL 33733

Zoup ® trademarks and others are owned by WOWorks, LLC.

All Rights Reserved.