Marco’s Privacy Policy

This Privacy Policy describes the information practices of Marco’s Franchising, LLC and, as applicable, its affiliates, subsidiaries, parents, and other related entities (collectively, “Marco’s” and referred to herein as “we”, “us”, or “our”, as applicable). Please read this Privacy Policy carefully to understand how Marco’s uses and shares the information it may collect from you, and your choices regarding the collection and use of such information.

This Privacy Policy applies to this website located at www.marcos.com and any other online and mobile websites, blogs, social media pages, and mobile applications operated by Marco’s on behalf of itself and its franchisees (collectively, the “Sites”). The terms of this Privacy Policy apply to all users of the Sites.

This Privacy Policy does not apply to any website, product, or service of any third-party companies, advertisers, partners, or service providers, even if the website links to (or is linked from) our Sites. Our Sites may contain links to other third-party websites not owned, operated, maintained by or related to Marco’s (“Third-Party Sites”). Any such hyperlinks are to be accessed at the user’s own risk. We are not responsible for the content, privacy practices, data collection, policies, or any other aspect of a Third-Party Site, even if our Sites contain a link to such site. This Privacy Policy does not apply to Third Party Sites, and we encourage you to independently read and understand each Third-Party Site’s own privacy policies. The presence of a link to a Third-Party Site does not necessarily indicate that such Third-Party Site is sponsored by or affiliated with Marco’s in any way.

CONSENT FOR USE OF SITES

By accessing or using the Sites, you agree to this Privacy Policy and our Terms of Use, which are incorporated by reference into this Privacy Policy. If you do not agree with our policies and practices, you may choose not to use our Sites. Your use of the Sites, and any dispute over privacy, is subject to this Privacy Policy and our Terms of Use, including its applicable limitations on damages and the resolution of disputes.

We or third parties we work with may automatically collect certain information using technologies such as cookies, web beacons, clear GIF, pixels, internet tags, web server logs, and other data collection tools. By using our Sites, you consent to third parties obtaining data about your visits to the Sites, including, but not limited, to via technologies like Meta Pixel and Google Analytics.

If you are a California resident, please also review our California Privacy Rights Notice, which supplements this Privacy Policy and explains additional rights you may have under California law regarding our use of your Personal Information.

COLLECTING INFORMATION

Some of the information we may collect is personally-identifiable information that either identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). The following provides examples of the type of Personal Information that we may collect from you and how we may use that Personal Information:

• Contact: name, address, telephone number(s), e-mail addresses, and other contact information that is collected when you create an account or if you place an order with us so we can contact you. When you sign up for one of our mailing lists, we also collect your email address, mobile phone number, or postal code to keep in touch with you and send product offers.
• Account: username, passwords, and other information that we require in order for us to authenticate and securely provide account access.
• Payment: credit/debit card information, gift card information, payment method, postal code, billing address and other information necessary to process your payment.
• Order: product selections, customizations, payment information, contact information, and other order-related data necessary to process your order.
• Applicant Information: name, telephone number(s), e-mail address, postal address, education history, employment record eligibility.
• Use of our Sites: information about your use of our Sites, including your equipment, browsing actions, and patterns, so that we can provide advertising about products and services tailored to your interests on our Sites, or on other websites.
• Service usage: views and engagement with our features, emails and advertisements, Sites, and products, including the date and time the services are viewed and/or used, the internet address of the website from which you linked directly to the Sites, and other similar information so we can understand how you interact with our Sites.
• Device: operating system and browser used on your device, your internet service provider, regional and language settings, IP address, MAC address, device advertising ID, and other unique identifying information broadcast from your device when visiting our website. This allows us to remember your preferences, identify unique visitors to our Sites, and helps us understand how users interact with us on their devices.
• Geo-location: device location, whether through latitude/longitude coordinates or derived from an IP address or other data that provides a city or postal code location in order for us to provide you region-specific menu options and to direct you to the nearest Location to you.
• Feedback: contents of feedback, comment cards, customer support requests, social media posts and interactions, and other messages you send to us, which will include your name, e-mail address, as well as any other content that you send to us, in order for us to reply to you.
• Partner Promotion: We may collect information that you provide as a part of a co-branded promotion with another company.
• Sweepstakes or contests: When you participate in a sweepstakes or contest we may collect information about you which includes contact information to notify you if you are selected.

In addition to the information that we may collect from you directly, we may also receive information about you from other sources, including third parties, business partners, our affiliates, or publicly available sources.

USING INFORMATION

We use Personal Information for the following business purposes: (i) processing your orders and sending related communications; (ii) providing services and support to users; (iii) improving our services and product offerings; (iv) administering user accounts; (v) identifying consumers when they visit our websites or our stores; (vi) responding to customer feedback, questions, and comments; (vii) responding to inquiries related to support, employment opportunities, or other requests; (viii) maintaining and protecting the security and integrity of our systems; (ix) improving our Sites, advertisements, products, and services; (x) sending marketing communications and promotional offers; (xi) providing digital advertisements tailored to consumers’ interests; (xii) conducting performance and marketing analytics; (xiii) enforcing our Terms of Use; (xiv) resolving disputes or troubleshoot problems; (xv) preventing potentially prohibited or illegal activities; (xvi) responding to subpoenas, court orders, or other legal processes; (xvii) establishing or exercising our legal rights; (xviii) defending against legal claims; and (xix) any other lawful purposes.

STORING INFORMATION

We store all information we collect, including Personal Information electronically in our computer databases. We own, maintain, and operate our computer servers containing our databases. Access to our computer servers is controlled by firewalls and security gatekeepers. However, no method of electronically transmitting or storing data is ever completely secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure, we cannot guarantee the security of your Personal Information. By using our Sites, you accept that risk. In the event that we are required by law to inform you of a breach to your Personal Information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

Where our Sites permit you to create an account, you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.

SHARING INFORMATION

We do not sell Personal Information to third parties. Nonetheless, in addition to the specific situations discussed elsewhere in this policy, we may disclose Personal Information in the following situations:

• Affiliates and Acquisitions. We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control). If another company acquires, or plans to acquire, our company, business, or our assets, we may also share information with that company, including at the negotiation stage.
• Other Disclosures with Your Consent. We may ask if you would like us to share your information with other unaffiliated third parties who are not described elsewhere in this policy.
• Other Disclosures without Your Consent. We may disclose information in response to subpoenas, warrants, or court orders, or in connection with any legal process, or to comply with relevant laws. We may also share your information in order to establish or exercise our rights, to defend against a legal claim, to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, safety of person or property, or a violation of our policies, or to comply with your request for the shipment of products to or the provision of services by a third-party intermediary.
• Public. Some of our Sites may provide the opportunity to post comments, or reviews, in a public forum. If you decide to submit information on these pages, that information may be publicly available.
• Partner Promotion. We may offer contests, sweepstakes, or other promotions with third party partners. If you decide to enter a contest, sweepstakes, or promotion that is sponsored by a third-party partner, the information that you provide may be shared with us and with them. Their use of your information is not governed by this Privacy Policy.
• Service Providers. We may share your information with service providers. Among other things service providers help us to administer our Sites, conduct surveys, provide technical support, fulfill orders, and process payments.

cookies & Other Tracking Technology

Our Sites may use “cookies,” web beacons, and other tracking technologies (collectively, “Cookies”) to automatically collect users’ information (including Personal Information). Cookies are small data files that are transferred to users’ web browsers and/or stored on their devices as they are browsing. We may use Cookies to improve our services and make your user experience online more customized and efficient. Among other uses, Cookies help us recognize repeat users, facilitate users’ access to and use of the Sites, and track users’ behavior on websites they visit. We may compile aggregate data for statistical purposes to improve the content of our Sites or to better administer the web pages available on the Sites.

The information collected by these tracking technologies may include (i) your internet protocol (IP) address, unique device identifiers, location, browser type, and Internet service provider information; (ii) information about when and how you access and use our Sites or services, such as the domains you visit, what features you used and for how long, the website that referred you to us, and date/time stamps associated with your usage; (iii) information about the device you use to access the Sites or services, such as device type, device ID, and device/browser settings; and (iv) location of the device used to access the Sites or services derived from GPS or WiFi use.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser. We differentiate between Cookies that are essential for the technical features of our Sites and optional analytics and advertising Cookies, as follows:

For information on how you can manage Cookies, please see the “Your Choices and Rights” section below.

YOUR CHOICES and rights

You may be entitled to certain choices regarding your Personal Information, as follows:

• Communications: If you do not wish to receive promotional communications from Marco’s, you can opt out at any time by following the unsubscribe instructions provided in those communications, or by contacting us as provided in the “Contact Us” section below. Please note that Marco’s may still continue to send you non-promotional emails, such as those regarding your orders, feedback submissions, and other service-related matters.
• Promotional Emails: You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third parties. You can opt out of receiving promotional emails by following the unsubscribe instructions in emails that you receive. If you decide not to receive promotional emails, we may still send you service-related communications.
• Promotional Mailings: If at any time you do not want to receive offers and/or circulars from us by mail, you can remove yourself from our mailing lists by emailing us (our contact information is below) with “NO SNAIL MAIL” in the subject line along with your name, address, and zip code. Please note that our mailings are prepared in advance of their being sent. Although we will remove your name from our mailing list after receiving your request, you may still receive mailings from us that had been initiated prior to your name being removed.
• Promotional Text Messages: You can opt-out of receiving text messages at any time by replying “STOP,” or following the unsubscribe instructions contained in the text messages that you receive.
• Cookies: Web browser applications (such as Microsoft Internet Explorer, Google Chrome, Firefox and Apple Safari) typically have features that prevent cookies from being sent or notify you when they are sent. You will need to update your browser’s cookie settings in accordance with your preferences. Your ability to limit cookies is subject to your browser settings and limitations. If you use multiple browsers on your device, you will need to update each browser’s settings separately. Some web browsers incorporate a “Do Not Track” (“DNT”) or similar feature that signals to websites that a user does not want to have his/her online activity and behavior tracked. Marco’s does not respond to DNT signals or other similar mechanisms. If you are using a mobile device, you can reset your device settings to limit the use of information collected about you, including your location data. This is typically done by disabling your location settings/permissions. Please contact Apple Support or Google for Android (as applicable) for more information on how to do this on your device. You can stop all collection of information via our mobile application by uninstalling the application from your device.
• Analytics: Google provides users choices 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.
• Advertising: The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes by third parties that participate in the program. To opt out of having your online behavior collected for advertising purposes, please visit YourAdChoices at http://www.aboutads.info/choices/. Choices you make are both browser and device-specific. Some services also offer their own opt-out choices for the use of cookies for analytic services, interest-based advertising, and other advertising-related services. You are encouraged to learn more about these tools if you wish to limit the use of cookies and other related services. Marco’s is not responsible for the accuracy, effectiveness, or compliance with, any third party opt-out tools and does not necessarily endorse these tools or represent that they will be suitable for your needs.

In certain jurisdictions, such as California, you may also have the following rights regarding your Personal Information:

• Right to Request Access to Your Personal Information. You may request access to your Personal Information by contacting us at the address described below. If required by law, upon request, we will grant you reasonable access to the Personal Information that we have about you. Note that residents of certain jurisdictions may be entitled to ask us for a notice describing what categories of Personal Information (if any) we disclose with third parties or affiliates for direct marketing.
• Request to Request Deletion of Your Personal Information. Typically we retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law. You may, however, request that we delete your Personal Information by contacting us at the address described below. If you revoke your consent for the processing of personal information, we may no longer be able to provide you certain services. If required by law we will grant a request to delete information, but you should note that in many situations we must keep your Personal Information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.
• Right to Request Correction of Your Personal Information.You have the right to request that we correct or supplement any inaccurate or incomplete Personal Information we process about you. Depending on the purposes of the processing, you may have the right to have incomplete Personal Information completed, including by means of providing a supplementary statement.
• Right to Data Portability. In certain circumstances you have the right to request that we provide the Personal Information which you provided to us in a structured, commonly used, and machine-readable format; and you have the right to transmit such Personal Information to another entity.
• Right of Non-Discrimination/Retaliation. We do not discriminate against individuals who exercise any of their rights described in this Privacy Policy, nor do we retaliate against individuals who exercise these rights. However, Marco’s may require use of your Personal Information to provide access to the services. Therefore, when you exercise your deletion right, in particular, you may lose access to certain aspects of the services that require your Personal Information.
• Right to Opt Out of Our Use of Your Sensitive Personal Information (in certain instances and if permissible under applicable law). You have the right to request the restriction of processing of your Sensitive Personal Information. However, we do not use or disclose Sensitive Personal Information for purposes other than those expressed in this Privacy Policy or as otherwise permitted by applicable law, and these uses cannot be limited under applicable law.

Many of the above rights are subject to exceptions and limitations. For example, you may be located in a jurisdiction that does not give you the right to make these requests. In such a case, your request may not be fulfilled. To the extent permitted by applicable law, we may reject requests that are unreasonably repetitive, unduly burdensome, risk the privacy of others, or would be very impractical to honor. If we are not able to provide the requested information or make the change you requested, you will be provided with the reasons for such decisions.

To exercise these rights, your request must: (i) provide sufficient information that allows us to reasonably verify that you are the person about whom we collected Personal Information or an authorized representative of that person; and (ii) describe the request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We may need additional information to confirm your identity or your authorized agent’s identity (such as your name, email address and date of birth) or to obtain proof that you have given your authorized agent permission to act on your behalf. If our verification process is successful, we will respond to your request within the time and in the manner required by applicable law. If we cannot validate the identity of you and/or your authorized agent or obtain proof that you have given your authorized agent permission to act on your behalf, we will attempt to contact you to inform you.

If you designate an authorized agent to submit requests to exercise certain privacy rights on your behalf, we will require verification that you provided the authorized agent permission to make a request on your behalf. You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us. If you are an authorized agent submitting a request on behalf of an individual, you must attach a copy of a completed Authorized Agent Designation Form (or equivalent form) indicating that you have authorization to act on the individual’s behalf.

Marco’s provides two mechanisms that allow you to submit requests to exercise these rights. You can submit such requests by (1) email to [email protected] or (2) calling our toll-free number at 1-833-509-0285. California residents may also exercise their rights by submitting a CCPA rights request form here. For information regarding additional rights California residents may have regarding our use of your Personal Information, please review our California Privacy Rights Notice.

CHILDREN’S PRIVACY

Our Sites are directed toward and designed for use by persons aged 16 or older. We do not solicit or knowingly collect personal information from children under the age of 16 (or the relevant age as defined by applicable law) (“Children” or “Child”). Unless otherwise specified, Children are not permitted to use our Sites, and we request that Children not submit any Personal Information through the Sites. If you believe your Child has impermissibly submitted Personal Information, please contact us to request that such information be removed. Once we are aware of information impermissibly entered by a Child, we will exercise reasonable efforts to remove such information from our systems. We do not knowingly sell the Personal Information of minors under 16 years of age.

POLICY CHANGES

Marco’s reserves the right to change this Privacy Policy and the Sites at any time. If we make any material changes to this Privacy Policy, we will post a notice at www.marcos.com along with a link to the updated Privacy Policy. Your continued use of the Sites and/or provision of your information after we make changes constitutes your acceptance of those changes, so please check the Privacy Policy periodically for updates. Please contact us if you would like information regarding any changes.

MISCELLANEOUS

If a different policy is provided on a particular site, the terms of this Privacy Policy shall control in all respects.

CONTACT US

If you have any questions or comments about this Privacy Policy, Marco’s data practices, or your interaction with our Sites, or, where by required by law, you would like to submit a request based on a right listed in this Privacy Policy, please contact us via one of the following methods:

By email: [email protected]
By mail: Marco’s Franchising, LLC, Attn: Data Privacy, PO Box 23210,
Toledo, OH 43623
By phone: 1-833-509-0285

Effective Date: February 7, 2024