Mobile App Privacy Policy

Effective Date: December 3, 2018

 

Welcome to Famous Dave’s, where our mission is to consistently exceed our guests’ expectations. In order to accomplish this, we collect information to further enhance our level of service. We want to make our users’ (“you,” “your,” or “Users”) experience on our mobile application (collectively, with all documentation and updates, the “App”) satisfying and safe, and this Privacy Policy explains our data practices, defines our Users’ privacy options, and describes how your information is collected and used by Famous Dave’s of America, Inc. (“we,” us,” our,” or “Famous Dave’s”).

 

This Mobile App Privacy Policy and our End User License Agreement govern your use of the App available through the iTunes and Google Play stores.

 

By downloading, installing, or using the App, you agree to the terms of this Privacy Policy and our End User License Agreement. If you do not agree to this Privacy Policy or our End User License Agreement, do not use, access, download, or install any part of the App.

 

Famous Dave’s website has its own Privacy Policy and Terms of Use that govern the data collected through www.famousdaves.com.

 

Revisions to the Privacy Policy

We reserve the right to modify this policy from time to time and will mark new versions with a corresponding effective date. We recommend you visit the relevant App store to review any changes in our practices. Your continued use of the App constitutes your agreement to our then-current Privacy Policy.

                       

The Famous Dave’s Franchise System
The Famous Dave’s franchise system is a retail network made up of franchised and licensed Famous Dave’s businesses. Famous Dave’s franchisees are independent third parties who own and operate their own individual franchised businesses. This Privacy Policy does not apply to any such franchisee, including in connection with such franchise operator's website, mobile application, social media page, or other online service for his, her, or its franchised business.

What Information is Collected?

 

Information Collected Directly from You

We may collect personal information about you when you download, install, and use the App. The information we may collect includes, but may not be limited to

 

·         Name;

·         Username and password;

·         Email address;

·         Financial information necessary to process a purchase or other request;

·         Phone numbers;

·         Physical addresses; and

·         Other information related to your requests or inquiries.

 

Information Collected Automatically

When you download, install, or use the App, we may use automatic means to collect information about your mobile device and about your use of the App. Information we collect includes, but may not be limited to:

 

·         Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including location data, logs, and other communication data and the resources that you access and use on or through the App.

·         Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifiers, IP address, operating system and version, browser type, mobile network information, and telephone number; and hardware model.

·         Stored Information and Files. The App may also access metadata and other information associated with other files stored on your device. This may include, for example, photographs and audio and video clips.

·         Error reports.

·         If you choose to log into your account through our App via social media networking sites, we may collect information provided in your social media account, such as profile information, name, type of mobile device, phone number, email address, profile picture, and friend list. If you do not want us to have access to this information, do not utilize the social media sign-in feature.

·         If you utilize any location-based services in our App, such as the option to mark your “home” Famous Dave’s, we may collect, use, and share location data, including the real-time geographic location of your device. We use such information to provide and improve location-based products and services. You may opt-out from further allowing us to have access to your location data by adjusting the permissions in your mobile device.

·         Computer data or files, often called “cookies,” which may be sent by your web browser and stored on an individual computer to allow our server to “recognize” you through the navigation of the App, and for us to credit your account for various online transactions; and

·         Computer data files, often called “web beacons” that are collected from emails or links on third-party sites that allow our server to evaluate the popularity of those links or the information contained in emails or on third-party sites.

 

For more information, see the “Cookies and Similar Technologies” section below.

 

Collecting Information from Children Under the Age of 13

Our App is not designed for children, and we do not knowingly collect information from any person under the age of 13.

 

How Is the Information We Collect Used?

We collect information about you in order to provide you with services and products, and also to collect information that is necessary for the App to work properly. We use personal information for a variety of purposes related to our business, including but not limited to:

 

·         Providing the App and its content

Performing the essential functions of the App, including responding to inquiries, providing manuals and instructions, providing support and troubleshooting, and communicating with Users and their use of the App or regarding a user-initiated inquiry on the App.

·         Communicating with Users about products or services

Sending or initiating direct marketing programs, such as newsletters, special event notifications, mailings, or text messages with information about products or services we are offering; notifying you when App updates are available or of any changes to products or services offered through the App; using content from social media platforms where Users discuss our products or use a hashtag related to our products. It is our policy to never send text messages or mailings to Users who have asked us not to do so, either at initial registration or later through an unsubscribe process within the time period permitted under applicable law.

·         Personalizing user experiences on the App

Tailoring content on the App based on user location, preferences, and other personalization factors.

·         Analytics and App Improvement

Tracking information about your visits to and use of the App to allow us to provide better service; using certain online preferences in the aggregate across all Users to evaluate the App and develop additional products and services to offer.

·         Compliance with legal obligations

Sharing information to comply with the law or a legal proceeding, such as in response to a subpoena or court order.

·         Other purposes necessary to carry out our obligations under this Privacy Policy or our End User License Agreement.

 

Disclosure of Information

We may share information, in the aggregate, regarding your App use preferences or your App performance to evaluate our products or allow the third parties we work with to better serve our Users. We will not share personally identifiable information in these instances, other than as described in this Privacy Policy.

 

We will not share your information with third parties to directly market their products to you. We may provide user information to third-party service providers or vendors for purposes including but not limited to:

 

·         Initiating direct marketing programs on our behalf;

·         Data tracking;

·         Processing payments and facilitating orders and delivery;

·         Maintenance or development of our App;

·         Development of online products, services, or customer service, or new product development; and 

·         Other contracted promotional opportunities provided to our Users.

 

Sharing with Affiliates.
We may also share this information with any franchisees, subsidiaries, licensees, suppliers, distributors, affiliates, assigns, successors, or other related entities and their respective owners. We may also share information with local development or real estate contacts regarding Famous Dave’s development opportunities in response to a user inquiry about these opportunities. Any local contacts’ website, system, or marketing campaign is governed by the terms of the local contact’s privacy policy and terms of use. 

Legal Requirements.     
We may also share your personal information collected through the App in connection with law enforcement requests or in response to investigations, subpoenas, court orders, or other legal processes to establish or exercise our legal rights or defend against legal claims, or as otherwise required by law.

Business Transfers

We may also disclose your information to a third party as part of reorganization or a sale of the assets of Famous Dave’s, or its franchisees, subsidiaries or divisions.  Any third party to which Famous Dave’s transfers or sells the App or related assets will have the right to continue to use the personal and other information that you provide to us.

 

Cookies and Similar Technologies

We use cookies, pixel tags, and similar technologies to gather information about your use of our App and to customize your experience using the App.

 

Cookies

Cookies are small data files that help us keep track of your usage of the App. Many of the cookies we use enable the App to function as you would expect it to. Cookies enable the App to remember things like your login information so you do not have to re-enter it, items in your shopping cart when you navigate away from the page, user preferences, and other personalized settings. Cookies also enable us to track and analyze user behavior in order to improve our App. Most web browsers automatically accept cookies but you can choose to accept or decline certain types of cookies if you prefer. However, declining cookies may impact the functionality of the App and in some cases you may not be able to access the functions of the App. We use the following categories of cookies on the App:

 

·         Session cookies

Session cookies are stored on the user’s hard drive temporarily and are deleted when the user ends the browsing session. Session cookies are useful for things like keepings item in a shopping cart while the user continues to browse.

 

·         Persistent cookies

Persistent cookies stay on the user’s hard drive until they expire, even after the browser is closed. Persistent cookies are useful for remembering things like login information, so Users do not have to enter their password every time they visit the App.

 

·         Third-party cookies

Third party cookies are not installed directly by our App, but by third parties such as advertisers. Third party cookies are used to track advertising preferences from site to site, and to gather data about Users’ browsing habits in order to improve the user experience.

 

Behavioral Advertising

We may also use third-party vendors, such as Google Analytics, to advertise to our Users online. These third-party vendors may display Famous Dave’s product advertisements on other websites based on your internet usage. More specifically, these vendors use first-party cookies (such as the Google Analytic cookie) and third-party cookies (such as Facebook Connect) together to inform, optimize, and serve ads based on your past visits to the App or site affiliated with Famous Dave’s products or services. You can opt-out of Google Analytics for Display Advertising by using Google’s Ads Settings.

 

Third Party Websites and Links

Our App may contain links to other websites. These websites may have privacy policies different than our Privacy Policy. The App may also contain certain social media icons or widgets. Although you can view the material we have linked to, you may have to create an individual account or register to use these third-party social media sites to use interactive features. Any interaction on social media or other third-party websites is governed not by this privacy policy but by the terms of use and privacy policy of the particular platform.

 

How is User Information Protected?

We maintain administrative, physical, and technical safeguards for all user information collected in our App.

 

Your Options

By providing information to us or using our App, you are consenting to our use of your data as outlined in this Privacy Policy.  

 

While we work hard to use and disclose our Users’ personal information only for the purposes identified above, you can choose not to provide personal information or limit the personal information obtained by us as follows:  

 

·         You may have your contact information removed from our marketing lists to inform Users of new or relevant products, services, and special offers by clicking on the unsubscribe link in any communication received from us, or by emailing us at loyalty@famousdaves.com;

·         You can choose whether or not to allow the App to collect and use real-time information about your device's location through the device's privacy settings. If you block the use of location information, some parts of the App may then be inaccessible or not function properly;

·         You may limit the collection of “cookies” through your browser settings. However, this may disable our ability to provide you with the most relevant products or information regarding the App; and

·         You may limit the ability of Google Analytics to track your online activity, as outlined in the “Behavioral Advertising” section.

 

Your California Privacy Rights

Access and Correction Rights

California Civil Code § 1798.83 permits Users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. You may also, in certain circumstances, access and edit your personal information. To make these requests, please contact us at loyalty@famousdaves.com.

 

Do Not Track Signals

            At this time, our App does not respond to Do Not Track signals.

 

Contacting Us

For additional information pertaining to our Privacy Policy, please contact:  

           

            Famous Dave’s of America, Inc.

            www.famousdaves.com/contact

            ATTN: Guest Relations

            12701 Whitewater Drive, Suite 190

            Minnetonka, MN 55343