PRIVACY POLICY

Last modified: March 12, 2018

Frenchies, LLC (“we” or “us”) respects the importance of the privacy of your personal information. This Privacy Policy outlines our current policy on personal information concerning studio customers, website visitors, and franchisees, and covers the operations of our nail salons, franchise operations, business development and use of our web sites under frenchiesnails.com (the “Site”) and mobile software applications, including our Frenchies® application (“Application(s)”).

 

Through the Site and/or the Application(s), we are providing you with information about products and services offered at independently owned and operated Frenchies® franchised locations (“Franchised Locations,” and each, a “Franchised Location”), including nail services, along with (a) the ability to schedule, modify, and/or cancel appointments with any Franchised Locations; (b) provide information to and complete forms with your Franchised Location regarding nail services; (c) enter into and use benefits under any member agreement entered into with your Franchised Location; (d) purchase and/or redeem gift cards at Franchised Locations; (e) purchase services or product at any Franchised Location as a guest; (f) view information about and find the Franchised Location nearest you; (g) request franchise information; and (h) complete customer satisfaction surveys about any Franchised Location (collectively, the “Service(s)”).

 

This Privacy Policy applies to our use of Your Information as a result of you using the Site, Application(s), and Service(s), and does not apply to the following:

  • information collected through mediums other than the Site, Application(s), and /or Service(s);
  • information collected through the Site, Application(s), and /or Service(s), where a separate privacy policy expressly applies in lieu of (and not in addition to) this Privacy Policy, such as a sweepstakes entry (you should refer to the official rules and privacy policy for each individual sweepstakes for specific policies regarding information sharing and disclosure pursuant to sweepstakes entry);
  • information collected by any person or entity other than us, even if related to the Site, Application(s), and /or Service(s) (such as a third-party website, content, application or lead form), unless and until such other person or entity provides such information to us; or
  • non-personally identifiable information, which standing alone, cannot be used to determine your identity; provided, however, that if we link such non-personally identifiable information with Your Information in a manner that can be used to determine your identity, then this Privacy Policy will apply.

 

Please read this Privacy Policy and our other Terms and Conditions carefully prior to accessing or using the Site, Application(s), and /or Service(s). By accessing or using the Site, Application(s), and /or Service(s), or by clicking to accept or agree to be bound by this Privacy Policy or our other Terms and Conditions, as applicable, you agree to our Terms and Conditions, including the practices described in this Privacy Policy. If you do not want Your Information used or disclosed in the manner described in this Privacy Policy, or if you do not agree to be bound by the terms and conditions of this Privacy Policy, or our other Terms and Conditions, then you should not use the Site, Application(s), and /or Service(s) or provide us with Your Information.

 

INFORMATION COLLECTION

We and/or Franchised Locations may collect information about you directly from you and from third parties, as well as automatically through your use of the Site, Application(s), and/or Service(s).

 

Information collected directly from you:

When you use the Site, Application(s), and/or Service(s), certain areas or features may require you to provide personal information. If you request an appointment at a Franchised Location, that Franchised Location collects your name, email address, phone number, etc. (“Personally Identifiable Information” or “PII”), and information about your desired appointment (e.g., your desired date, time, and services). If you make a purchase through the Sites, we will collect your payment information, including your PII and billing and shipping information. We also collect information from you when you contact us such as if you request information about an independently owned and operated Franchised Location. When you contact us, we may request your PII, geographic location, and information about the purpose of the contact and collects this information.

 

If you make a reservation through the Application(s), the Franchised Location at which you make a reservation will collect your PII and payment information. If you contact a Franchised Location, that location may also collect information, including your PII. When you contact a Franchised Location, that location may request your name and other PII, geographic location, and information about the purpose of your contact.

 

Other instances where you may provide Your Information include purchasing memberships or gift cards, creating, manipulating or updating accounts on or through the Site or Application(s), completing surveys, purchasing other products or services, participating in forums or submitting User Generated Content, accessing our or a Franchised Locations Wi-Fi System or other systems and platforms in connection with the Site, Application(s), and/or Service(s), signing up for promotions or to receive newsletters or other materials about or otherwise for any reason associated with our business.

 

We invite you to post content on the Site, including your comments and any other information that you would like to be available on the Site, which may become public. If you post content on the Site, all of the information that you post will be available to authorized personnel of us and Franchised Locations. You expressly acknowledge and agree that we may access in real-time, record and store archives of any User Generated Content on our servers to make use of them in connection with the Site, Application(s) and /or Service(s).

 

In addition, if you are a prospective franchisee, we may collect detailed information about you including PII, and general financial information such as liquidity and assets, to evaluate your qualifications for a Frenchies® franchise.

 

Information collected from third parties:

We and/or Franchised Locations also may collect Your Information from third parties. For example, if someone purchases a gift card through the Site, we may collect the recipient’s and the purchaser’s PII and the purchaser’s payment information.

From time to time, you may interact with third-party sources in connection with the Site, Application(s), and/or Service(s), and we may therefore collect information about you from these sources. Third-party sources may include social media websites (i.e., Facebook, LinkedIn, Twitter, Instagram, Snapchat or others), blogs, other users, our third-party service providers and our other business partners. For example, if you use, access or interact with the Site or Application(s)on or through a social media website or any features of such social media website (such as a Facebook Like button), then we will receive certain information about you from the social network automatically. The information that we will receive depends on the social network and your privacy settings.

 

Any information about you that we collect from such third-party sources will be subject to the terms and conditions of this Privacy Policy and may also be subject to the privacy policies and practices of such sources. You should review all terms of use and privacy policies of such sources prior to disclosing information to them. If you have any questions about how these sources use your information or their respective terms of use or privacy policies, you should contact them directly.

 

We and/or a Franchised Location may also supplement or verify information about you from a service provider.

Information collected automatically:

We may automatically collect the following information about your use of the Site, Application(s), and/or Service(s) through cookies, web beacons, and other technologies: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit the Site, Application(s), and/or use the Service(s); and the referring URL or the webpage that led you to the Site. In addition, we may collect information regarding application-level events, such as crashes, and associate that temporarily with your account to provide customer service.

 

We and/or Franchised Locations may combine this information with other PII collected from you (and third-party service providers may do so on behalf of us or Franchised Locations). Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. Visitors to the Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.

 

HOW YOUR INFORMATION IS USED

We and/or Franchised Locations may use Your Information, including your PII, for the following purposes:

  • To provide the Service(s) to you, to communicate with you about your use of the Service(s), to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
  • To tailor the content and information that we and/or Franchised Locations may send or display to you, to offer location customization and personalized help and instructions, and to otherwise personalize your experiences while using the Site, Application(s), and/or the Service(s).
  • For marketing and promotional purposes. For example, we and/or Franchised Locations may use your information, such as your email address and/or cellular phone number, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information that may interest you. We and/or Franchised Locations also may use the information that is collected from you to assist in advertising the Service on third-party websites.
  • To better understand how users access and use the Site, Application(s), and/or Service(s), both on an aggregated and individualized basis, in order to improve the Site, Application(s), and/or Service(s) and respond to user desires and preferences and for other research and analytical purposes.
  • To protect the rights and interests of us and/or Franchised Locations, such as to resolve any disputes, enforce the Terms and Conditions, or to respond to legal process (such as a summons in a lawsuit or subpoena).
  • To allow you to participate in interactive features on our Site and /or Application(s), and in any other manner we describe when you provide Your Information.

 

SHARING INFORMATION

Neither we nor Franchised Locations will share your credit card number or any other financial information with any third party except to complete your transaction and to verify your credit card information. We and/or Franchised Locations may share your personal information with third parties in the following instances:

 

Legal Disclaimer:

We and/or Franchised Locations shall disclose PII when required by law or under the good-faith belief that such action is necessary under applicable law. We and/or Franchised Locations may disclose PII in order to establish or exercise its or their legal rights or defend against legal claims. We and/or Franchised Locations also may share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, to protect our and/or Franchised Locations’ property or interests or that of their agents and employees, and to protect guests of a Franchised Location, personal safety, and/or the public.

 

In addition, since our database is a business asset, in the event we are reorganized or sold to or merged with another company, we may sell, assign, or transfer Your Information to a purchaser of all or substantially all of our business assets, or to an affiliate, as applicable. We also may provide your information to our affiliates and related entities without restriction.

 

Aggregate Information (non-personally identifiable):

We and/or Franchised Locations may share some aggregated demographic information (age, zip codes) with some of their partners. This is not linked to any PII. We and/or Franchised Locations may use third-party advertising companies to serve ads on its/their behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness.

 

Third-Party Service Providers:

We and/or Franchised Locations may disclose information about individual users to third parties who provide services to us and Franchised Locations or have a contractual relationship with us or a Franchised Location. These third parties provide a variety of services to us and/or Franchised Locations, including, without limitation, processing and verifying credit card information, tracking internet marketing campaigns, and processing credit card transactions. In addition, these third-party services may include enhancing the information we and/or Franchised Locations collect about customers of the Franchised Locations. We and/or Franchised Locations may also use third-party email providers to assist with sending marketing emails for us or on behalf of Franchised Locations.

 

Third-Party Analytics:

We use automated devices and applications, such as Google Analytics, to evaluate usage of the Site and, to the extent permitted, the Application(s). We and/or Franchised Locations also may use other analytic means to evaluate the Service(s). We use these tools to help it improve the Service(s), performance, and user experiences. These third-party entities may use cookies and other tracking technologies to perform their services. We and Franchised Locations do not share your PII with these third parties, however.

 

Do-Not-Track:

Currently, the Site and Application(s) do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third-Party Ad Networks section below.

 

Third-Party Ad Networks:

We may use third parties, such as network advertisers, to serve advertisements on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to you for products offered by us and products and services offered by Franchised Locations in which you might be interested. Third-party ad network providers, advertisers, sponsors, and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs, and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. Certain third-party advertising networks that deliver behavioral advertising are members of the Network Advertising Initiative (“NAI”). You can prevent NAI member companies from collecting preference data about you by going to this site http://optout.aboutads.info/?c=2#!/ and following the NAI’s directions. Note that if you opt-out through the NAI, you will still receive advertising. In addition, if you opt-out through the NAI and later delete your cookies, use a different browser or buy a new computer, you will need to renew your opt-out choice.

 

COMMUNICATIONS FROM THE SITE AND/OR APPLICATION(S) AND YOUR CHOICES

Transactions and Service Announcements:

 

Users who make a purchase or reservation through the Site and/or Application(s) will receive a number of emails throughout the transaction process and they may sometimes receive phone calls from our Customer Service Department and/or Franchised Locations to ensure smooth transactions. We and Franchised Locations may also occasionally send out service-related announcements, for instance, if service on the Site is temporarily suspended for maintenance. Generally, these communications are not promotional in nature, and users will receive them as long as their accounts are open.

 

Special Offers, Newsletters, and Updates:

Out of respect for the privacy of users, we and Franchised Locations present the option to not receive these types of communications, as explained in the Choice and opt-out section below.

 

Choice and opt-out:

A user can change their opt-in or opt-out status in several ways:

  • Communications. If you do not wish to receive notifications, text messages, alerts, posts, notices, emails or other communications from us, you can opt-out of receiving such communications from us (other than service-related communications, such as those communications related to the completion of your registration, correction of user data, change of password and other similar communications essential to your transactions on or through the Site, Application(s) and /or Service(s) through your account settings or, to the extent applicable, by using the unsubscribe process at the bottom of such communication or by e-mailing us at info@frenchiesnails.com. We will remove you from our marketing lists within a reasonable period of time and as required by applicable law. If you opt-out from receiving our marketing communications, you may continue to receive service-related communications, such as communications that are essential to your transactions on or through the Site, Application(s) and /or Service(s)).
  • Accessing and Correcting Account Information. If any Site or Application allows you to create an account with us, then you may be able to review or update some or all of your Information (as applicable) by logging into that Site or Application, visiting your account profile page and making changes.

 

SECURITY

We and Franchised Locations take reasonable precautions to protect users’ information. When users submit information via the Site and/or Application(s), we and Franchised Locations take steps to protect users’ information both online and off-line.

 

Although we and Franchised Locations endeavor to create secure and reliable Sites and Application(s) and to safeguard against unauthorized disclosures of information, neither we nor Franchised Locations can assure you that PII that we and/or Franchised Locations collect will never be disclosed in a manner that is inconsistent with this Privacy Policy. You hereby acknowledge and agree that the Frenchies Entities (as defined in the Terms and Conditions) are not responsible for any intercepted information sent via the internet or through the Application(s), and you hereby release the Frenchies Entities from any and all claims arising out of or related to the use of any intercepted information in a manner that may violate this Privacy Policy, the law, and/or your personal privacy.

 

EXTERNAL LINKS

The Site and/or Application(s) may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and the Frenchies Entities (as defined in the Terms and Conditions) are not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information. You hereby acknowledge and agree that the Frenchies Entities (as defined in the Terms and Conditions) are not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release the Frenchies Entities (as defined in the Terms and Conditions) from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.

 

SPECIAL INFORMATION FOR CALIFORNIA CONSUMERS

Individuals who are residents of California and have provided their personally identifiable information to us may request information regarding our disclosures, if any, of their personally identifiable information to third parties for direct marketing purposes. Such requests must be submitted to us at: info@frenchiesnails.com.

 

California privacy rights requests must include the reference “Request for California Privacy Information” on the subject line and in the body of the message and must include the e-mail address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified above.

 

CHILDREN UNDER 13

You may only access and participate in the Site, the Application(s) and /or the Service(s) you are either (i) 18 years of age or older or have reached the age of majority by your respective state or territory of residence, if such age is greater than 18 years of age; or (ii) the parent or legal guardian of a minor at least 13 years of age and have the legal right to consent to and do hereby consent to this Privacy Policy and our Terms and Conditions on behalf of that minor.

 

We do not knowingly collect personally identifiable information by anyone under the age of 13 and you should not provide us with any information regarding any individual under the age of 13. If we learn that we have inadvertently gathered information from anyone under the age of 13, we will take reasonable measures to promptly remove that information from our records.

 

CONTACT US

Users with questions or concerns regarding their privacy or this Privacy Policy should contact info@frenchiesnails.com.

 

CHANGES IN THIS PRIVACY POLICY

If we decided to change this Privacy Policy, we will post those changes to this page on the Site and other places we deem appropriate so that you are aware of what information we and/or independently owned and Franchised Locations collect, how it is used, and under what circumstances, if any, it is disclosed or shared.

 

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we make material changes to this Policy, we will notify you here, by email at the most recent email address, if any, you provided to us, or by means of a notice on the Site and/or Application(s).