Privacy Policy

Last Updated: February 15, 2024
GoTo Foods LLC (“GoTo Foods,” “we,” “our,” “us”) values your privacy. In this Privacy Policy, we describe how we collect, use, and otherwise process the personal information we obtain about people who use our website and the services we make available through our website, who apply to become franchisees of our brands, or who otherwise interact with us online or offline (our “Services”). By downloading, using or registering for our Services, or by otherwise providing your personal information to us, you are agreeing to this Privacy Policy and our Terms and Conditions.

This Privacy Policy does not apply to any websites or mobile apps that are created, run, or controlled by our brands, any independently owned or operated franchises of our brands, or any third party. Nor does it apply to personal information collected about our employees or job applicants.

GoTo Foods is affiliated with several brands. Information about how our individual brands use and protect your personal information and how to exercise your privacy rights can be found in each brand’s privacy policy. For the privacy policies applicable to our brands, please click on the appropriate link below:

• Auntie Anne’s®: www.auntieannes.com/privacy
• Carvel®: www.carvel.com/privacy
• Cinnabon®: www.cinnabon.com/privacy
• Jamba®: www.jamba.com/privacy
• Moe’s®: www.moes.com/privacy
• McAlister’s Deli®: www.mcalistersdeli.com/privacy
• Schlotzsky’s®: www.schlotzskys.com/privacy

California residents, please click here for our Notice at Collection under the California Consumer Privacy Act.

Personal Information We Collect About You

In this Privacy Policy, “personal information” means any information that GoTo Foods processes that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with a particular person or household.

We may collect personal information directly from users of our Services. You can use some parts of our Services without registering or directly submitting your personal information to us, but we may automatically collect certain information about your use of our Services through cookies and other tracking technologies.

Information We Collect Directly From You. To use some features of our Services (for example, to request a brand franchise kit from us), you must register with us or otherwise provide us with your personal information. We also may collect personal information that you enter through our Services or provide to us in other ways, such as through email or text message. The types of personal information that we collect from you will depend on your interactions with us and how you use our Services, but may include personal details, such as full name, mailing address, email address, phone number, and other contact information. If you submit someone else’s personal information to us, you represent that you have been authorized to provide this information.

Information We Collect Automatically. We, and the vendors we work with, may also collect other information about your use of our Services using automated tools. For example, cookies and other passive information collection technologies enable us to compile aggregate statistics concerning use of our Services, analyze trends, enhance the security of our Services, deliver content and advertisements, and otherwise administer and improve our Services. This information may include your browser type, language preference, operating system, device identifier, device type, access time, Internet Protocol (IP) address, the URLs of websites you visited before and after visiting our websites, the web search that landed you on our websites, the length of your visits to our websites, and the links you click and pages you visit within our websites. We may use certain third-party web analytics services to help us understand and analyze how visitors use our Services and to serve advertisements on our behalf across the Internet. You can set your browser not to accept cookies, to remove cookies, or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. However, please note that if you disable the use of cookies on your computer, some functionality of our website will not work.

Your web browser may have settings that allow you to transmit a “Do Not Track” signal when you visit various websites or use online services. Like many websites, our websites are not designed to respond to “Do Not Track” signals received from browsers. However, you can find information on how to opt out of their participating online advertising networks at Network Advertising Initiative and Digital Advertising Alliance. Please note that opting out does not prevent all advertising. Also, if you delete your cookies or change devices, your opt-outs may no longer be effective.

Information We Collect From Others. We may collect personal information about customers, prospective franchisees, and current franchisees of our brands from our affiliated companies, brands, franchisees, service providers, and third parties. When submitting information to a third party, you are subject to that third party’s terms of use and privacy policies. GoTo Foods may combine information about you that we already have with information we obtain from third parties.

How We Use Your Information

We may use your personal information to:

• communicate with you, including to respond to your questions and requests, provide you with documentation or communications you have requested, send you notices about our Services, offer customer support, or contact you for information or after-sales support;
• market and advertise our products and brands, including to send you news, updates, special offers and promotions, and targeted advertising;
• personalize our content, including to make recommendations to you about our Services, to tailor the information we send or show you, and to offer location-based customizations and personalization based on your purchase history or past interactions with our Services;
• provide operational support for our brands, affiliated companies, and our brands’ franchisees;
• monitor and analyze trends, usage, and the activities of users of our Services to better understand how our users access and use our Services in order to improve them, respond to user preferences, and for other research purposes;
• improve our Services and notify you about important updates;
• perform business analyses or for other business purposes, such as evaluating transactions involving our Services;
• facilitate, manage, personalize, and improve our partnerships and our brands’ franchisee relationships;
• identify, prevent, investigate, and take other actions with respect to suspected or actual fraud or illegal activity or other activity that violates our policies;
• ensure the security and integrity of our personal information processing;
• protect our rights, property, or safety and that of our brands and our confidential and proprietary information;
• comply with applicable laws, rules, regulations, and legal processes as well as our company policies, including to respond to claims asserted against us and to enforce or administer terms and agreements; and
• achieve other purposes, with your consent (when required).

How We Disclose Your Information

We may disclose your personal information within our company, and to our affiliates (including our brands), our brands’ franchisees, our business partners, and our vendors. We also may disclose your personal information to:

• provide you with products or services;
• better respond to your inquiries;
• advertise or market our products and services, and those of our brands;
• perform analytics, marketing research and for sales, support, and service-related purposes;
• protect rights, property, life, health, security, and safety;
• respond to legal process, including to disclose personal information to a court, legal authority, opposing party in litigation, our legal counsel, or other advisors in connection with a judicial proceeding, court order, subpoena, or other legal process;
• negotiate or complete any proposed or actual merger, purchase, sale, or any other type of acquisition or other transaction, including a transfer of all or a portion of our business to another organization;
• disclose personal information with your consent or at your direction; and
• achieve any other purpose consistent with our statements in this Privacy Policy or otherwise allowed by applicable law.

We may disclose your personal information to comply with applicable law, such as in response to requests from law enforcement agencies, regulators, other public authorities, courts, and third-party litigants in connection with legal proceedings or investigations.

Links to Other Websites

Our Services may include links to other websites that we do not own or operate. This Privacy Policy does not apply to those websites, which may have their own privacy policies that you should review to understand how they may collect, use, or disclose your personal information. We are not responsible for the content or privacy practices of any linked websites that are not under our control.

Security of Your Personal Information

We maintain appropriate safeguards designed to protect personal information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Nevertheless, no data security measures can guarantee 100% security.

Our Retention of Your Personal Information

We retain personal information for as long as necessary or permitted for the purposes described in this Policy or otherwise authorized by law. This generally means holding the information for as long as one of the following apply:

• your personal information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
• your personal information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the personal information was collected;
• the personal information is reasonably necessary to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case); or
• we are otherwise required or permitted to keep your personal information by applicable laws or regulations.

Where personal information is used for more than one purpose, we will retain it until the purpose with the latest period expires. For more information about our retention practices, please contact us using the contact details below.

Updating Your Information

If you wish to update your personal information, you may do so by logging in to your account with the appropriate brand, following the instructions in the relevant brand’s privacy policy (linked at the beginning of this Privacy Policy), or by contacting the relevant brand through the Contact Us page on each brand’s website.

PRIVACY OF CHILDREN
Our Services are not intended for children, and we do not knowingly collect personal information from children. If we become aware that we have collected personal information from a child, we will delete it in accordance with applicable law.

Additional Information For Our Brands’ Franchisees

GoTo Foods collects and otherwise processes personal information about our brands’ franchisees as a service to our individual brands, who each remain the controller of information submitted throughout the brands’ franchising process. If you submit your personal information to request more information from our brands about franchise opportunities, we may use that information to contact you to discuss our brands’ franchise opportunities. We may ask that you complete our brands’ franchise application, which requests the following additional types of personal information from you, including:

• franchise ownership details and history;
• financial information, including details of current assets and liabilities, annual income, investments, mortgages, insurance, ACH information, and any history of bankruptcy;
• driver’s license, state ID, social security, and passport numbers;
• criminal history (if any).

We may disclose the information provided in our brands’ franchise application with our brands and vendors as needed to process your franchise application, including to run background checks and to determine creditworthiness.

If you provide personal information related to other people, such as your spouse, investment partners, or personal references, as part of the brand’s franchise application process, you guarantee that you do so with the knowledge and permission of those people. We may use any information you provide to contact those people and share it, as necessary, with our brands and vendors during the franchise application process.

Supplemental Notice For Residents of Covered States

As a supplement to the other information provided throughout this Privacy Policy, we provide the following additional information as a notice to consumers in California, Colorado, Connecticut, Utah and Virginia, as well as California business contacts. Information for consumers who interact with our brands is found within our brands’ Privacy Policies, which are linked at the top of this Policy. If you work for us, please see our California Employee Privacy Notice for additional disclosures. California job applicants can find additional disclosures in our California Applicant Privacy Notice.

How and Why We Collect Personal Information. GoTo Foods may, and in the previous twelve (12) months, has collected and used the following categories of personal information:

Among the categories of personal information listed above, the following categories of sensitive personal information we collect may be considered “sensitive” under some state privacy laws:

In addition to the purposes described above, we may use and disclose any category of personal information or sensitive personal information we collect to comply with law, cooperate with and respond to law enforcement requests, or as otherwise required by applicable law, court order, or governmental regulations; to maintain appropriate records for internal administrative purposes; to protect our rights and interests and those of our brands’ franchisees, to resolve any disputes, to enforce this Policy or any of our other policies, to protect the rights or property of another, or to prevent harm; and to evaluate or conduct a merger, sale, or other acquisition of some or all of our organization or its assets.

Our Retention of Personal Information. We keep the categories of personal information described above for as long as necessary or permitted for the purposes described in this Policy or otherwise authorized by law. More details about our retention practices are set forth above.

Disclosure of Personal Information. The following charts summarize how we disclose personal information. Although we do not sell personal information in exchange for money, some of the ways in which we share personal information for advertising or disclose personal information to our affiliated brands and their franchisees may be considered “sales” or “sharing” under some state privacy laws. We do not have actual knowledge that we sell or share the personal information of anyone under 16 years of age.

The first chart below shows the categories of personal information that we share for purposes of targeted / cross-context behavioral advertising or otherwise “sell” for non-monetary consideration. The second chart describes the categories of personal information we disclose for a business or commercial purpose.

Sales and Sharing of Personal Information

Disclosures for a Business or Commercial Purpose

California Privacy Rights

If you are a California resident, you have the right to submit requests relating to your personal information in accordance with the California Consumer Privacy Act (“CCPA”) and other California privacy laws. Although the individual brand(s) with which you may interact control the personal information they collect about you, there are some circumstances in which GoTo Foods may operate as an independent business with respect to personal information that may be transferred to us by our brands. If you would like to submit a request regarding personal information controlled by one of our brands, please follow the instructions set out in the brand’s privacy policy. If you would like to submit a request to GoTo Foods, please follow the instructions below.

Right to Opt Out of Sales and Sharing. You have the right to direct us not to sell or share your personal information. Although we do not sell personal information in exchange for money, some of the ways in which we disclose personal information to our affiliated brands and their franchisees may be considered “sales” or “sharing” under California law. If you wish to opt out of these transfers of your personal information, you may submit an opt-out request by clicking here, or by calling us toll-free at +1-844-395-4356. Although our website is configured to recognize the Global Privacy Control (GPC) browser signal, we generally are unable to connect the information we receive from your browser with the personal information we receive from our brands. As such, if you wish to opt out of transfers of personal information from us to our affiliated brands and companies that may be classified as sales or sharing, please submit a request as outlined above.

Right to Know. You have the right to know:

• The categories of personal information we have collected about you, including:
  1. The categories of sources from which the personal information was collected
  2. Our business or commercial purposes for collecting (or selling or sharing—if applicable) your personal information
  3. The categories of recipients to which we disclose personal information
  4. The categories of personal information about you that we sold, and for each category identified, the categories of third parties to which we sold that particular category of personal information; and
  5. The categories of personal information that we disclosed for a business purpose, and for each category identified, the categories of recipients to which we disclosed that particular category of personal information.
• The specific pieces of personal information we have collected about you.

Deletion. You have the right to request that we delete personal information that we collected from you, subject to certain exceptions. In response, we will delete, and instruct any applicable service providers or contractors to delete, your personal information, unless an exception applies. Where we use deidentification to satisfy a deletion request, we commit to maintaining and using the information in deidentified form and will not attempt to reidentify the information.

Correction. If you believe that personal information we maintain about you is inaccurate, you may submit a request for us to correct that information. Upon receipt of a verifiable request to correct inaccurate personal information, we will use commercially reasonable efforts to correct the information as you direct.

Right to Limit Use and Disclosure of Sensitive Personal Information. We do not use or disclose sensitive personal information for purposes to which the right to limit use and disclosure applies under the CCPA.

Non-Discrimination Rights. You have the right not to be discriminated against for exercising any of your CCPA rights. This means that, consistent with California law, we will not deny providing our products or services to you, charge you different prices or provide a different level or quality of products or services to you unless those differences are related to the value of your personal information.

• How to Submit a Privacy Rights Request to GoTo Foods. You can submit your request using the online request form found here or call us toll-free at 844-395-4356. You are not required to create an account with us to submit a request.
• Only you, or someone you authorize to act on your behalf, may make a request related to your personal information. If you designate an authorized agent to make a request on your behalf, you will still need to verify your identity directly with us before your request can be processed. An authorized agent may submit a request on your behalf using the webform or toll-free number listed above.

Certain CCPA privacy rights requests are subject to a verification process. If you submit a request to know, request to delete, or request to correct, you will be asked to provide 2-3 pieces of personal information that we will match against our records to verify your identity. We will not fulfill a CCPA privacy rights request unless we have been provided sufficient information for us to reasonably verify that the requestor is the person about whom we collected the personal information or that person’s authorized agent. Please follow any instructions provided and promptly respond to any follow-up inquiries so that we may confirm your identity.

Privacy Rights for Consumers in Covered States Other Than California

If you are a consumer who lives in Colorado, Connecticut, Utah or Virginia, you have the right to submit certain requests relating to your personal information as described below. Although the individual brand(s) with which you may interact control the personal information they collect about you, there are some circumstances in which GoTo Foods may operate as an independent controller with respect to personal information that may be transferred to us by our brands. If you would like to submit a request regarding personal information controlled by one of our brands, please follow the instructions set out in the brand’s privacy policy. If you would like to submit a request to GoTo Foods, please follow the instructions below.

How to Submit a Privacy Rights Request to GoTo Foods. To exercise your rights, please submit a request through our webform. Please note that we may need to authenticate your identity before your request can be processed. For authentication, you will be asked to provide 2-3 pieces of personal information that we will match against our records.

Right to Access and Data Portability. You have the right to confirm whether we are processing your personal information, to access your personal information, and to obtain a copy of personal information you provided to us in a portable format.

Right to Correct. You have the right to request that we correct inaccuracies in your personal information, taking into account the nature of the personal information and our purposes for processing it.

Right to Delete. You have the right to request that we delete your personal information, subject to exceptions.

Right to Opt Out. You have the right to opt out of the following uses of your personal information: (a) targeted advertising; (b) the sale of personal information; and (c) profiling in furtherance of decisions that produce legal or similarly significant effects concerning your economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. We do not sell personal information in exchange for money or engage in practices that qualify as profiling producing legal or similarly significant effects under applicable state privacy laws. To opt out of targeted advertising and/or non-monetary “sales” of personal information, please submit a request as outlined above. If you are an authorized agent submitting an opt-out request on behalf of a consumer where allowed by law, please follow the instructions provided above and within our webform. We use commercially reasonable efforts to authenticate the identity of the consumer to whom the request relates and the authorized agent’s authority to act on the consumer’s behalf.

Right to Appeal. Sometimes we are unable to process requests relating to your personal information, in which case, your request will be denied. If your privacy rights request has previously been denied by us and you believe we denied it in error, you may appeal for reconsideration of your request using our webform.

Please note that if you make a privacy rights request, we will retain a record of your request for recordkeeping purposes.

Additional Information for Nevada Residents

Nevada law provides residents the right to opt out of the “sale” of “covered information” to third parties, including but not limited to name, address, social security number, telephone number, email address, and other information through which a person may be contacted. Our uses of your personal information are not sales under Nevada law. If you have any questions or if you would like to receive notice by email in the event we should engage in “sales” of personal information under Nevada law in the future, please contact us using the contact information provided below.

International Users

GoTo Foods is based in the United States. If you are using our Services outside the United States, please be aware that personal information we obtain about you may be transferred to and processed in the United States or other jurisdictions outside your own. Your personal information may be accessible by public authorities where it is processed. By using our Services and providing your personal information, you acknowledge that your personal information may be transferred to and processed in jurisdictions other than your own. Please be aware that the data protection laws and regulations that may apply to your personal information transferred to the United States or other countries may be different from the laws in your country of residence.

Changes to this Policy

We may update or modify this Privacy Policy from time to time at our discretion. We will indicate changes to this Privacy Policy by updating the “Last Updated” date at the beginning of the Privacy Policy. Please review this Privacy Policy periodically and especially before you provide any personal information to us. Your continued use of our Services after any update will constitute your acceptance of our changes.

Contact Us

If you have questions about this Privacy Policy or GoTo Foods privacy practices, please contact us at privacy@gotofoods.com or by mail at 5620 Glenridge Drive NE, Atlanta, GA 30342.