JWF Privacy Policy
We are pleased to welcome you to jackswifefreda.com (the “Website” or the “Site”), operated by JWF Management LLC and its affiliates (collectively herein referred to as “Jacks Wife Freda,” “JWF,” “We,” “Us” or “Our”). JWF recognizes the importance of safeguarding the personal information provided to us by the users of our Website and is committed to safeguarding that personal information. We have implemented this privacy policy (the “Policy”) and internal policies and practices to keep your personal and financial information secure.
The Policy covers our treatment and use of personally identifiable information and/or personal data that is collected via the Website (the “Personal Information”) from users of the Site (“Users”) when such Users electronically communicate with or otherwise access the Website. This Privacy Policy covers only Personal Information that is collected through the Website and does not govern Personal Information collected from any other source or in any other manner.
You are responsible for making sure that you are aware of JWF’s most current Privacy Policy. You can tell when we make changes to this Policy by visiting the page you’re reading now and referring to the “Last Updated” date at the top of this page to learn when this Policy was last revised.
The Privacy Policy is incorporated by reference into and made a part of our Terms and Conditions of Use of the Website, and explains how Users’ information and data is used.
Collection and Use of Information
The Personal Information We Collect. This Policy applies to all information collected by or submitted to JWF. We consider “personal information” to mean information about an identifiable individual. For example, if you place an order through the Website or agree to receive electronic communications from JWF, you will be asked to provide a variety of information which may include but not be limited to, your name, mailing address, email address, and phone number.
Financial Information. JWF will require billing and payment information such as credit and debit card information when you place food and catering orders from JWF and have food delivered to you from JWF. However, all payment transactions entered into on the Website are processed by third-party payment processors, as described in more detail below. Your payment information when you place an order online is thus provided to the third-party payment processor at the time of placing your order, and the Privacy Policy and Terms and Conditions of Use of that third party payment processor will govern use and disclosure of that information. JWF does not use or store your financial information.
Personal Information When You Order Food Online. When you order food online for pickup or delivery from one of JWF’s locations, your personal information, including your payment information, is provided to and collected by a third party platform such as, but not necessarily limited to, Toast, Inc., Uber Eats, and/or Grubhub (“third party platform”). The privacy policies and terms and conditions of use and other policies of the third party platform will govern use and disclosure of that information. We strongly encourage you to read carefully the applicable third party platform’s policies and terms, which are accessible from the third party platform when you place your order.
Catering. Catering orders for pickup or delivery are also placed on and processed by a third party platform. Currently, the third party platform managing catering orders is Toast, Inc., and its Privacy Policy and Terms and Conditions of Use govern use and disclosure of the personal information you provide when placing such orders, including your financial information. JWF may use a different third party platform in the future for catering services. Access to Toast’s and any other third party platform’s policies and terms is available when you place your catering order.
IP Address. An IP (Internet Protocol) address is a number that is automatically assigned to your computer by your internet service provider when you log on. Your IP address is not linked to your Personal Information but JWF does reserve the right to use IP addresses to identify individuals who threaten the Website or other users or Website visitors. IP addresses may also be used to help diagnose problems with the Website and to gather broad anonymized demographic information about users of its Website.
Other Information
JWF contracts with non-affiliated third parties/business partners to host the Website and to provide data collection and reports regarding users’ activities on the Website. These non-affiliated third parties/business partners use cookies and other activity tracking measures on our behalf and receive information about the Users’ browsing activity and collects anonymized information (meaning without attaching it to any personally identifiable user) and aggregates information collected from Users. These non-affiliated third parties/business partners have agreed not to use this information other than (i) in connection with providing services to us to make our Website more useful and efficient, (ii) as permitted in this Privacy Policy, or (iii) as otherwise permitted by law and/or applicable regulations. We will not share your personally identifiable Personal Information with unaffiliated third parties without your express consent.
JWF will also aggregate Personal Information and may use, share and disclose such aggregated Personal Information as permitted by law and/or applicable regulations. For example, we may use such aggregated Personal Information for research and product development purposes, and may also share such aggregated Personal Information with JWF’s business partners.
Regardless of whether a User has chosen to limit JWF’s sharing of Personal Information as collected on the Website, JWF may, without restriction, use, share and disclose aggregated statistics about Users, along with specific information concerning individual Users that is not Personal Information in any way permitted by applicable law and/or applicable regulations.
Use of Cookies and Web Beacons; Use of Google
The Website may make use of: (i) “cookies” – small data files which we may send to your computer on the basis of the information that we have collected about your visit; and (ii) “web beacons” – small strings of code that provide a graphic image that surveys visitors’ internet activity. They contain information allowing us to recognize when you are visiting the Website and to keep track of your activities on the Site and your preferences. Through the use of cookies and web beacons, we also may automatically collect information about your online activity on our Website, such as the links you click and the searches you conduct on our Website. Cookies are stored in your computer’s browser or on your hard drive and can then be retrieved by the Website.
If you want to delete any cookies that were already sent to your computer, please refer to your web browser’s “Help” facility. In addition, most web browsers can be set to prevent you from receiving new cookies, notify you before accepting cookies or disable cookies altogether. Details about this can normally be found in the “Help” facility provided with your browser. Please note that if you disable cookies you may not be able to take advantage of some of the Site‘s interactive functionality.
JWF uses a web analytics tool called Google Analytics that helps website and mobile application owners understand how visitors engage with their websites. We can view a variety of reports about how visitors interact with our Website so we can improve it. Google Analytics collects information anonymously. Google Analytics uses cookies, and IP addresses, and reports website trends without identifying individual visitors. For more information related to Google Analytics, click here: http://www.google.com/analytics/learn/privacy.html. You can opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-On. For information about, and to install, the Google Analytics Opt-out Browser Add-on, click here: https://tools.google.com/dlpage/gaoptout?hl=en.
In the future, JWF may use other similar analytics tools for similar purposes.
Do Not Track Signals
Certain web browsers provide users with an option by which you may have your browsers send a “Do Not Track” signal to websites that you are visiting, advising the recipient websites that you do not want to have your online activity tracked. However, the way browsers communicate such “Do Not Track” signals is not yet uniform and, accordingly, our Website does not take any action in response to such signals. In the event a final standard is developed and accepted, we may reassess how we should respond to such signals.
Collection In General
We only collect, use and/or disclose your Personal Information with your consent. Your consent may be implied, such as when you provide your personal information when you make place an online order, or it may be express, for example, we will ask for your consent to share your personal information with unaffiliated third parties for marketing or other purposes. You have implicitly consented to the collection of certain Personal Information, such as your IP address, when you visit the Website. If you do not consent to the collection of your Personal Information or any portion of your Personal Information, please do not use the Website.
You must be 18 years of age to use the Website and a resident of the United States. JWF does not knowingly collect or maintain any Personal Information from children under the age of 18, and no part of this Website is designed with the purpose of attracting such children. If you use the Website from any country outside the United States, the various communications will necessarily result in the transfer of information across international boundaries. By visiting the Website, you consent to these transfers.
Use of Information
In General. We use the Personal Information you provide to us for the purpose of communicating with you to process and fulfill orders you place through the Website. Personal Information may also be used in the following ways:
1. to deliver materials, information and services which may be of interest to you,
2. to provide you products and services that you order or request through the Website,
3. to give you notice of and/or resolve any problems that may arise in connection with our services,
4. to better understand the needs and interests of our customers,
5. to analyze the success of our services and Website and for research and development purposes,
6. to manage the Website‘s interactive functionality,
7. to help us improve and enhance the Website experience for all of its users and visitors, and customize the content on our Website, for compliance with our legal and regulatory obligations, which we may do without your consent,
8. as otherwise reasonably required to provide customer services and maintain the Website and to investigate potential breaches of the Terms and Conditions of Use of the Website,
9. for any other purpose outlined in this Privacy Policy and/or the Terms and Conditions of which this Privacy Policy is a part, and
10. as otherwise permitted by law.
We may also use your Personal Information to contact you via direct postal mail and/or electronically to the extent you have agreed to receive such communications, and as such activity is permitted by law and/or applicable regulations. This information may also be used to help JWF and services providers deliver information to you, and for other purposes as are reasonably necessary to provide the services requested by you. You will be given the opportunity to opt-out of receiving future mailings or other messages each time you receive such communications from us by following the instructions in the e-mail or other message you receive from us or by following the instructions set forth in the Opting Out of Electronic Communications section in this Policy.
Opting Out of Electronic Communications
In all of our electronic communications to you, you will be given the opportunity to opt out of receiving future communications.
SMS Service
We will only contact you by SMS with your consent and you may opt out of such messages at any time by following procedures in the SMS Opt-Out Procedure section. We and our third party service providers may contact you by SMS for marketing, customer service, and transactional purposes, among others. If you sign up for our SMS program, cookies may be used to personalize your experience (e.g. we and our service providers may send you personalized SMS texts such as shopping cart reminders).
If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing SMS texts unless you also unsubscribe via the above procedures. You are solely responsible for any of the foregoing misdirected communications sent as a result of your failure to update your phone number(s) with us.
When you sign up to receive SMS texts, these messages may include but are not limited to promotional offers. These messages may use information automatically collected based on your actions while on our Website and may prompt messaging such as cart reminders. To the extent you voluntarily opt to have SMS notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message, in accordance with this Privacy Policy. You may opt out of receiving SMS texts at any time by texting “STOP” to our SMS texts.
SMS Opt-Out Procedure
In order to stop receiving SMS texts from us, you can text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive message (i.e., the five-digit number from which the text messages are being sent). You will then receive confirmation of your opt-out of that SMS program. Please note that this will only opt you out of the specific SMS program associated with that five-digit short code. In order to stop receiving SMS texts from us, you can text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive message (i.e., the five-digit number from which the text messages are being sent). You will then receive confirmation of your opt-out of that SMS program. Please note that this will only opt you out of the specific SMS program associated with that five-digit short code.
Lawful Access, Legal Action and Investigations
Your Personal Information may otherwise be disclosed to non-affiliated third parties with your consent, or to comply with applicable laws and regulations. Your Personal Information is transmitted and stored only on servers located in the U.S. We may disclose Personal Information if we believe it is necessary to investigate, prevent, or take action regarding suspected illegal activities or fraud, situations involving the physical safety of any person, violations of our Terms and Conditions of Use, or otherwise in accordance with applicable law and/or regulations.
Disclosure of Personal Information to Non-Affiliated Third Parties
In addition to the above disclosures, JWF may share your Personal Information, without restriction, with companies and organizations that we retain to perform services for us, such as those that provide data processing, computer software maintenance and development, and companies providing professional, legal or accounting advice to us. In such situations, JWF requires that these companies and organizations agree to (a) maintain the confidentiality of the Personal Information and (b) limit the use of such Personal Information to the purposes for which it was provided. We will not sell, rent or market Personal Information collected on this Website to non-affiliated third parties for their marketing purposes, unless we have your consent. However, we may disclose aggregated statistics about visitors to the Website along with anonymous information concerning individual users of the Website. We may aggregate anonymized information with additional information collected from the Site and from other sources. We may share anonymized information (including, without limitation, aggregate information) we collect regarding our users with third parties (such as advisors, and/or consultants) for various business purposes including, without limitation, conducting general business analysis, and developing website content and services.
Use of Your Personal Information Within JWF and With Its Affiliates
In order to provide you with efficient and reliable services and to improve product and service options available to you, JWF may share your Personal Information with our affiliated entities, in which case your Personal Information will be collected, used, disclosed, managed and stored in accordance with this Policy as set forth herein. Our affiliates are companies controlled or owned by us, or companies that control us, or are under common control with us (“Affiliates”). The Site is intended for users in the United States and its territories and possessions, but if you use the Site from any country outside the United States, the various communications will necessarily result in the transfer of information across international boundaries, and, by visiting the Site, you consent to these transfers as required or permitted by applicable law and/or regulations. We will not share your Personal Information with unaffiliated third parties, except as stated in this Privacy Policy, without your consent. Your Personal Information will be stored on servers located in the United States.
Acquisition of Business
In the event that JWF or an Affiliate is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, or in the unlikely event that JWF goes out of business or enters bankruptcy, each User hereby acknowledges and agrees that the Website, all data collected on the Website (including, without limitation, Personal Information still within our possession, custody or control), and any of our rights and obligations under this Privacy Policy may be included in the assets of, and/or transferred pursuant to, such transaction, and that any acquirer or successor (or a third party through bankruptcy) of JWF may continue to use the Personal Information as set forth in this Privacy Policy. If that occurs, a notice will be posted to such effect on the Website and/or notification will be provided by any other media or contact method as may be required by applicable laws and/or regulations..
Retention of Personal Information
Personal Information is retained to deliver our services, to otherwise fulfill identified or apparent purposes, and Personal Information may be retained for record-keeping, unless you request deletion of it. At some point JWF may elect to destroy, erase or anonymize your Personal Information. Once anonymized, we undertake not to re-identify the information.
To protect the confidentiality of your information and respect your wishes for how it is used, JWF requests your consent for many uses of your Personal Information and offers “opt out” alternatives. Specifically, you may instruct us not to share Personal Information about you with our Affiliates and/or third-party marketers. As noted above, you may also opt-out of receiving electronic communications from us at any time. You may make your privacy choice at any time and it will remain in effect until you change it. If you would like to check, change, or confirm your privacy choices please contact us at info@jackswifefreda.com.
Links to Other Websites and Services
The Website may contain links to various other sites. These sites may seek to collect from your user information voluntarily or may otherwise collect certain information (for example, your IP address). Please be aware that these other websites may have different privacy policies that may subject users to different privacy practices. Please review the privacy policies of such other websites for information concerning what information is collected on such websites and how it is used.
Our website also includes links to social media features such as, but not limited to, Instagram. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing the feature, which we encourage you to review.
Sales, Sharing and Disclosure of Personal Information
We do not sell, rent, lease, or share or disclose your Personal Information to unaffiliated third parties for commercial or marketing purposes or otherwise, subject to the provisions set forth above or with your express prior consent.
Your Rights and Choices
Right To Know
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. When we receive your request to know what Personal Information we have collected from you, we will disclose to you: (i) the categories of personal information we collected about you; (ii) the categories of sources from which that information was collected; (iii) our purpose for collecting or selling that personal information; (iv) the categories of third parties with whom we share that personal information; (v) the specific items of personal information that we collected about you; and (vi) if we sold or disclosed your personal information for a business purpose, we will identify for sales of information, the personal information categories that each category of recipient purchased; and, where we have disclosed your personal information for a business purpose, we will identify the personal information categories that each category of recipient obtained. You may request these disclosures twice within a twelve-month period.
Right To Delete Personal Information
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your request to delete your personal information, we will delete (and direct our service providers and contractors to delete) such information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) or contractors to:
Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law and/or regulations.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546
seq.) or the laws and regulations of any applicable jurisdiction.
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws and/or regulations, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with legal obligations.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Right to Correct Inaccurate Information
You have the right to request that we correct any of your Personal Information that we collected from you and retained that is inaccurate. Once we receive and confirm your request to correct your Personal Information, we will correct (and direct our service providers and contractors to correct) such information from our records, unless an exception applies.
Verifiable Consumer Requests
If you submit a request to us to disclose how we collect and use your Personal Information or to delete your Personal Information from our records, we must be able to verify your request. To be “verifiable,” you must provide sufficient information to allow us to reasonably verify that you are the person about whom we collected Personal Information or that you are an authorized representative of that person and you must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it (a “verifiable consumer request”). To make a verifiable consumer request for disclosure of our collection and use of your personal information or to delete your personal information, you can contact us at info@jackswifefreda.com. We will try to respond to a verifiable consumer request within 45 days of its receipt. If we need more time (up to 90 days), we will let you know in writing, either by email or mail (or, if you have an account with us, through your account), why we need more time and when we will provide our response. There is no charge to you for us to respond to your verifiable consumer request, unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing.
We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Right to Non-Discrimination
We will not discriminate against you for exercising any of these rights. Accordingly, by way of example, we will not deny you goods or services; charge you different prices or rates for goods or services, including, without limitation, through granting discounts or other benefits, or impose penalties; give you a different level or quality of goods or services; or suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
We may, however, offer you certain financial incentives permitted by applicable law and/or regulations that can result in different prices, rates, or quality levels provided that such incentive is reasonably related to the value of the Personal Information. We will not include you as a participant in any financial incentive program without your prior “opt-in” consent, which you may revoke at any time.
Information Storage and Protection
JWF will maintain reasonable procedures to protect the security and confidentiality of Personal Information provided to it by Users, in accordance with applicable law and/or regulations.
There are industry standard safeguards in place to protect Users’ Personal Information, such as the use of firewalls and SSL certificates, and limiting access to such information by company personnel. Personal Information will be stored in databases and servers located in the United States. However, no transmission made through the internet can be made completely secure, and, accordingly, we will not, to the extent permitted by applicable law and/or regulations, be liable for the disclosure of any Users’ Personal Information that occurs as a result of, for example, transmission errors or the actions of any third party.
In the unlikely event that we determine that there has been or may have been a security breach that results in the unauthorized disclosure of Personal Information to a third party, JWF will promptly notify consumers whose Personal Information it reasonably believes may have been compromised by posting information on the Website and, if email contact is possible, then also by sending an email notification with respect to the situation.
Options to Review and Opt-Out Choices
In addition to having the ability to opt-out of receiving electronic communications, such as emails from JWF (to unsubscribe, click “unsubscribe” button at the bottom of such emails), Users may access, review and, in certain situations, update, revise and/or delete certain Personal Information by accessing and editing their accounts on the website or by sending an e-mail to us at info@jackswifefreda.com. Additionally, please note that while you may request the updating, revision or deletion of such information, a copy of the unrevised information may be maintained in JWF’s records after any such revision or deletion for certain purposes.
Changes in Policy
From time to time, JWF’s Privacy Policy may change. JWF will post changes to the Privacy Policy on the Website. Please review this Privacy Policy often so that you will remain abreast of our current policies. Users of the Website are responsible for making sure they are aware of the provisions of JWF’s most current Privacy Policy (see the date at the top of this Privacy Policy).
Governing Law
This Privacy Policy shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. Please click here to review the terms relating to Disputes and Governing Law for this Website.
Contact Us
If you have any questions or complaints concerning this Privacy Policy or our handling of your
Personal Information you may contact us at info@jackswifefreda.com.