Privacy Policy

Last modified: 7/27/2018

INTRODUCTION AND SCOPE

EAST COAST WINGS CORPORATION (“ECW”), as well as (a) its affiliates and (b) franchisees that own and operate franchises pursuant to a franchise agreement with ECW (collectively, “we,” “us” and/or “ECW”) respect your privacy and are committed to protecting it through our compliance with this Privacy Policy (“Policy”).

This Policy applies to us and endeavors to: (i) describe the types of information that we may collect from you or that you may provide when you (a) visit the websites http://www.eastcoastwings.com/, http://www.eastcoastwingsfranchise.com, including any interior pages to the foregoing sites that are actively controlled by ECW (each, a “Website”), and/or (b) use any mobile applications or communicate with us as set forth below; and (ii) describe our practices for collecting, using, maintaining, protecting and disclosing that information or any of the restaurants operating as part of our EAST COAST WINGS+GRILL system (each, a “Restaurant Location”).

This Policy is not meant to apply to any websites and/or restaurant locations owned or operated by franchisees. All franchised restaurant locations are independently owned businesses and use of a franchised restaurant location and/or its related website shall be governed by the franchisee’s respective policy.

This Policy applies to information we collect:

• On or via any Website;
• In connection with any mobile application that we develop and control;
• In email, text, and other electronic messages between you and any Website and/or us.
• Through information you may provide to us in any form, application and/or agreement you submit or provide directly during any visit to a Restaurant Location that is owned and operated by one (1) of our Affiliates. Please note that any information collected directly by our system franchisees at or through their Restaurant Location will be subject to that specific franchisee’s own privacy policy for its independently-owned restaurant operations.

This Policy does not apply to information collected by any third-party sites that are not owned or controlled by us, including through any application or content (including advertising) that may link to or be accessible from or on our Website. Please be aware that we are not responsible for such third-party service providers’ privacy practices or contents. Therefore, we advise you to be aware when you leave our Website and to read carefully the privacy policies of such third parties.

You are expressly advised that by accessing and/or using our Website, you accept and agree to be bound by this Privacy Policy and our Terms of Use, which can be accessed via a link on the Website(s) once said policy is reduced to writing (and subject to any updates the we subsequently post to the Website), with said policy hereby incorporated by reference as if set forth fully in this Paragraph.

If you have any questions or concerns about this Policy, contact us by email at [email protected], or by mail at the following address:

East Coast Wings Corporation

100 Cambridge Plaza Drive

Winston-Salem, NC 27104

Attention: Legal Department

CONSENT NOTICE

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website and/or creating an account with us or allowing someone to use the Websites on your behalf, you agree to be bound by all of the terms and conditions of this Privacy Policy.

This Policy may change from time to time (see content under the heading “Policy Changes”). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

ARBITRATION CLAUSE NOTICE

Please note that this Policy is subject to an arbitration provision, requiring you to arbitrate any claims you may have against us on an individual basis. Arbitration on an individual basis means that you will not have, and you waive, the right for a judge or jury to decide your claims, if any, and that you may not proceed in a class, consolidated or representative capacity.

NO INFORMATION FROM CHILDREN UNDER THE AGE OF 13

Our Website is not intended for children under 13 years of age. No one under age 13 may register or provide any personal information to or on the Website. We do not knowingly collect personal information from children under 13. If you are under 13: (i) do not use or provide any information on this Website or on or through any of its features, (ii) register on the Website, (iii) make any purchases through the Website, (iv) use any of the interactive or public comment features of this Website, or (v) provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13, we will delete that information.

If you believe we might have any information from or about a child under 13, please contact us at by email at [email protected] or by mail at the following address:

East Coast Wings Corporation

100 Cambridge Plaza Drive

Winston-Salem, NC 27104

Attention: Legal Department

MORE DETAIL ON INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We may collect several types of information from and about users of our Website and our clubs, which may include:

• Information you provide by filling out forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our services, posting material or public comments, or requesting further services, and includes information by which you may be personally identified, such as name, home and/or postal address, e-mail address, telephone number, gender, date of birth, user ID, password, and/or any customer loyalty/rewards account number. This is personally identifiable information (“PII”) and, among other uses, it allows us to contact you and distinguish you from other users and/or customers.

• If established and utilized by ECW, information set forth in an application that can be completed and submitted online (via a Website) by those persons interested in being considered for franchise opportunities.

• You may also provide information when you carry out transactions through our Website. For example, if you buy products and/or services through our Website we gather information such as what you are purchasing, your method of payment, and your billing and shipping information. We will use this information to complete the transaction, to provide you with an order history and to facilitate future orders. This information may also be used for aggregate reporting (which summarizes the data in a report but does not contain your PII).

• Information we receive via devices from you (including mobile devices) and related mobile application (or “app”) data. We may also collect data about the devices and applications used when connecting to/or accessing our Website, including but not limited to, IP address and browser type. We can usually infer geographic data based on a subscriber’s IP address. If you visit our Websites from an external source (like another website or via email link), we might record information about the source that referred you to us.

• Information from cookies and web beacons: we use third party tracking services such as Google Analytics that use cookies and web beacons to collect aggregated and anonymized data about visitors to our Websites. This data may include usage and subscriber statistics. Detailed information collected can relate to and/or identify audience location, audience engagement, mobile traffic behavior, traffic sources, social media traffic, site content trends, page bounce rates, site search behavior, events and funnel visualization.

• We may provide tracking tools through a third-party service provider that is designed to allow you to save, view and/or track your past visits, purchases and/or any loyalty or rewards program statistics, as we determine appropriate. Once we separate this data from any PII submitted with said data so that it cannot be linked back to you, we may use the aggregated information for other purposes.

• We may also ask you for information when you enter and/or participate in certain sweepstakes and contests sponsored by us. If you enter a contest, we may record your entry and link it to your registration information. Your PII may be used to contact you for winner notification, prize delivery and related purposes. Please note, however, that each sweepstakes and contest will be held pursuant to its own individual rules and regulations, consistent with applicable laws where the sweepstakes/contest is being offered.

• We may receive additional PII from you through communications with the Website. For example, if you email the Website to ask about a product or service, we will use that information to respond to your inquiry, to have a history of our service to you and to make better our service by reporting your request, without any PII, in our customer service totals.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies.
• From third parties that we work with to facilitate our provision of products and services to you. While we have access to the data you provide to such third parties and our use and access to such information is described herein, your information is also subject to such third party’s privacy policies and terms of use at the links set forth below:

OTHER INFORMATION

In order to maintain and improve the Website, we gather some statistical data when you visit the Website. The exact information we collect may vary but can include the date and time of an access to our Website, the Internet Protocol (“IP”) address of a computer requesting a page, the pages requested, and computer and connection information such as browser type and operating system. We do not associate this statistical information with your PII.

We may request PII from you via surveys or voting polls. If you respond to a survey or poll, we may aggregate your responses with those of other customers, but we do not associate your response with any PII.

PUBLIC INFORMATION

Please note that we may provide you with various ways to submit information to be published or displayed (hereinafter, “posted”) on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions”). In each of these circumstances, we or our designee will gather information from you. Your User Contributions are posted and transmitted to others at your own risk. Anything you submit to our Website through these services may be made public, so you should not include information you want kept private.

Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

COOKIES

When you visit or use our Website we send one or more “cookies” to your computer or other device. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies. We use cookies to improve the quality of our service, including for storing user preferences, tracking user trends and providing relevant advertising to you. We do not process “do not track” signals.

We may also use Google Analytics to help facilitate the delivery of relevant content and have implemented Google’s advertising features.  Google Analytics also uses cookies in order to report user interactions on the Website and provides that information to us for our use.  You can opt-out from Google Analytics’ service from using your information by installing the Google Analytics Opt-out Browser tool: tools.google.com/dlpage/gaoptout. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page at http://www.google.com/policies/privacy

ACTIVITY TAGS

We may also use “activity tags” (sometimes referred to as “spotlight tags”). These invisible tags provide information to third parties about the flow of users on our Website and other websites. We may receive reports generated from that information. Information collected from the use of activity tags on our Website is not linked to any PII you provide to our Website.

PHYSICAL LOCATION

We may collect the physical location of your device by, for example, using satellite, cell phone tower, Wi-Fi signals or your IP address. We may use your device’s physical location to provide you with location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing service providers to enable them to provide you with more localized content and to study the effectiveness of advertising campaigns. You may be able to allow or deny such uses and/or sharing of your device’s location by changing your device’s location settings, but if you choose to deny such uses and/or sharing, we and our marketing service providers may not be able to provide you with the location-based services and content.

HOW WE USE YOUR INFORMATION

We own the information collected via our Website and at or through any Restaurant Location. Among other things, we use information that we collect about you or that you provide to us to or that is provided to us by third parties:

• Provide services and products to you.
• Set up your online ordering, customer loyalty and/or customer rewards program accounts, as we establish and determine appropriate.
• Inform you about offers, contests or surveys.
• Contact you regarding promotions, new menu items, new Restaurant Locations and/or services.
• Monitor or improve the Website.
• Customize advertising and content.
• Provide special offers to you.
• Send you promotional materials on behalf of our business partners.
• Fulfill any other purpose for which you provide it.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and Restaurant Locations owned by us or our affiliates such as catering agreements, including for billing and collection purposes.
• Notify you about changes to our Website or any products or services we offer or provide through it.
• We may also use your information in connection with our marketing service providers to enhance the content we provide to you and create a better user experience.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

Except as otherwise disclosed in this Policy, we do not rent, sell, transfer or otherwise disclose your PII to any third party. We may aggregate information supplied by users during the site registration process and information about their use of our Website to maintain our services and describe our Website user base to potential partners and advertisers. This information is used to supply summary data about our community of users. There are certain circumstances in which we may need to disclose PII personally identifiable information about you, and we want you to know about them.

We may employ other businesses, certain services, and individuals to perform functions on our behalf, such as fulfilling orders, delivering packages, providing customer service, sending mail, processing credit card payments, holding live chats, providing marketing assistance, data analysis and customer service. We may share your PII with these companies. We will provide them with only the information necessary to perform their functions.

We may form partnerships with other companies. Some of these partnerships include the sharing of some of your personal information with our partners to extend these services to you. We require that our partners not disclose your information to other organizations without your consent. However, our partners’ use of your information is governed by their privacy policies (some of which are identified above in this Policy).

We may reveal user information if we believe that a user is harming or interfering with other Website users, anyone else, or violating our Terms of Use, or infringing any of our rights. Further, to the extent we believe it is required by law, we may reveal information, including PII, as we or our counsel determine appropriate. If we are asked by subpoena or other legal means to disclose any of your PII we will, if permitted by law, attempt to notify you via the email address you supplied during registration at least ten days before we respond to the request.

The Website may be sold in connection with a sale of a substantial portion of the assets of our company or other transactions may occur in which your PII is one of the business assets transferred. In such a case, your PII, which we have gathered, may be one of the business assets we transfer and, you agree to such transfer and acknowledge and agree that any successor to or acquirer of us will continue to have the right to use your PII and other information in accordance with the terms of this Policy.

We may also share your PII with our subsidiaries and/or affiliates consistent with this Policy.  Our subsidiaries and affiliates will be bound to treat and maintain any PII in accordance with this Policy.

We may also use and share your PII for other legitimate business reasons not specified herein. We will periodically update this Policy to inform you of any changes to our data use and sharing practices.

DATA SECURITY

No data transmissions over the Internet can be guaranteed to be entirely secure. We cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we will make all reasonable efforts to ensure security on our systems. We use secure server software and firewalls to protect your information from unauthorized access or disclosure. So, while we strive to protect your data, we cannot guarantee that unauthorized access, hacking, data loss or a data breach will never occur.

You should be aware that your information may be accessed or disclosed in connection with a breach of such firewalls and secure server software. By using this Website or providing PII to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Website. We may post a notice on our Website if a security breach occurs. In these circumstances, we may also send an email to you at the email address you have provided to us so that you can take appropriate steps.

Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at [email protected]

EMAIL COMMUNICATION

We may use your email address to contact you with required email messages about the Website. We may also use your email address to send you newsletters or other communications you request. We will do our best to provide you with an opportunity to opt-out of receiving such further communications at the time you are contacted.

DISPUTES AND AGREEMENT TO ARBITRATE 

By using the Website, you and we agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Website, or the breach, enforcement, interpretation, or validity of this Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.

Notice shall be sent:

• To us at:

EAST COAST WINGS CORPORATION®

100 Cambridge Plaza Drive

Winston-Salem, NC 27104

Attention: Legal Department

With a copy to:

Fisher Zucker, LLC

Attn: William Graefe, Esq.

21 S. 21^st St.

Philadelphia, PA 19103

• To you at:

Your last-used billing address or the billing and/or shipping address that we may have on file for you.

Both you and we agree that the internal dispute resolution procedure described above is a condition precedent that must be satisfied before initiating any arbitration as described more fully below.

IF ANY DISPUTE CANNOT BE RESOLVED BY THE INTERNAL DISPUTE RESOLUTION PROCEDURE DESCRIBED ABOVE, YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDIAUL BASIS. THE LOCATION OF SUCH ARBITRATION SHALL BE WINSTON-SALEM, NORTH CAROLINA AT ECW’S CORPORATE HEADQUARTERS OR OTHER LOCATION ECW APPROVES IN WRITING.

Arbitration on an individual basis means that you will not have, and you hereby waive, the right for a judge or jury to decide your claims, and that you may not proceed in a class, consolidated, or representative capacity. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Policy, including any claim that all or any part of this Policy is void or voidable.

CHOICE OF LAW

This Policy has been made in, and shall be construed in accordance with, the laws of the State of North Carolina, without giving effect to any conflict of law principles.

CALIFORNIA PRIVACY RIGHTS (IF AND AS APPLICABLE)

It is vitally important for you to keep your personal information accurate, current and complete at all times, as well as for you to be able to reach us should you have any questions or concerns regarding this Policy. If we are unable to address your issue immediately, we will respond as soon as possible.

Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of PII that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, that law provides that consumers may request a copy of the PII that we hold about you.

Consumers may also request information regarding the categories of PII that have been shared with third parties, the names and addresses of those third parties and examples of the types of services or products marketed by those third parties. To request either a copy of the PII maintained by us about you or to request a copy of the information disclosure provided by us during the preceding calendar year pursuant to Section 1798.83 of the California Civil Code, please contact us via email to [email protected] or by writing us at the address at the bottom of this Policy. Please allow 30 days for a response.

POLICY CHANGES

It is our policy to post any changes we make to our Policy on our Website. If we make material changes to how we treat our users’ personal information, we will notify by sending an email or in another conspicuous manner reasonably designated to notify you. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Policy to check for any changes. Any changes to this Policy will become effective upon posting. Changes will not be applied retroactively to information obtained under a previous policy without your express consent.

RETENTION OF YOUR INFORMATION

We retain your PII and other information as long as it is necessary and relevant for our operations. We may retain information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Service, and/or take any other action permitted by law. The information we retain about you will be handled in accordance with this Policy to the maximum extent permitted by law, after which it will be fully deleted or, alternatively, anonymized.

CORRECTING/UPDATING PERSONAL INFORMATION

If your PII (such as your address) changes, or you no longer desire access to our Website, you may correct, update or remove personal data you have provided to us by making changes to your profile, by using an opt out message in your email, or by emailing us with your request.

QUESTIONS ABOUT THIS POLICY

We hope that this Policy is straightforward and clear, but if you have any questions regarding it, please email [email protected] or contact us via mail at:

East Coast Wings Corporation

100 Cambridge Plaza Drive

Winston-Salem, NC 27104

Attention: Legal Department