Cracker Barrel Old Country Store, Inc.
(Effective & Last Modified January 1, 2020)
A. INFORMATION WE COLLECT
We typically collect two kinds of information about you when you use our Services: (a) information that you provide that personally identifies you and (b) information that does not personally identify you, but that we automatically collect or that you provide us and relates to you and your relationship with Cracker Barrel.
(1) Personal Information. Our definition of Personal Information includes any information that relates to a specific, unique, natural person, or as otherwise defined by applicable law. This may include information used to specifically identify or contact you, such as your name, mail or shipping address, phone number, etc. (“Identifying Information”). As a general policy, we do not automatically collect Identifying Information when you visit our Property except as necessary to carry out a transaction initiated by you. In certain circumstances, we may request, allow, or otherwise provide you an opportunity to submit your Identifying Information in connection with a feature, program, promotion, or some other aspect of our Services. We may also give you the opportunity to provide broader categories of Personal Information, depending on the relationship Cracker Barrel has with you. For instance, you may: (a) provide your name, mail/shipping address, email address, credit card number, and phone number when registering or in connection with a contest entry; (b) provide certain demographic information about you (e.g., age, gender, purchase preference, usage frequency, etc.) when using our Services or participating in a survey or poll; or (c) post a general comment and/or recommendation on our Properties or through our Applications. Whether or not you provide this information is your choice; however, in many instances this type of information is required to participate in the particular activity, realize a benefit we may offer, or gain access to certain content or features available through our Services.
(2) Transactional Information. As we are often interacting with you in a transactional way, we collect Personal Information related to your transactions with us. For example, we collect credit card information when you are making a purchase in our store or paying for a meal in a restaurant. We collect mailing information when we are shipping merchandise to you. We also, retain information related to your purchase history and preferred store locations.
(3) Technical Information and Non-Personal Information. Technical Information is any information that relates to your interaction with us electronically. This may include Personal Information, but also may include information that does not relate to you personally (“Non-Personal Information”). Non-Personal Information can include certain Personal Information that has been rendered anonymous. We obtain Non-Personal Information about you from information that you provide us, either separately or together with your Personal Information. We also automatically collect certain Technical Information from you when you access our Services through your Equipment. This information can include, among other things, your mobile device, other applications or software you are using, wireless carrier, IP addresses, the type of browser you are using (e.g., Internet Explorer, Firefox, Safari, Opera, etc.), the third party website from which your visit originated, the operating system you are using (e.g., Vista, Windows XP, Mac OS, Android, iPhone, etc.), the domain name of your Internet service provider (e.g., CenturyLink, Google, Cox, etc.), the search terms you use; and how much you use our Services. Depending on our ability to relate Technical Information to you, we will consider such information Personal Information.
(4) Location Information. When you use our Services, particularly our Application(s), we may automatically collect certain Equipment (mobile device) specific information. This includes the general or specific location of your Equipment through GPS, Bluetooth, or WiFi signals. We consider Location Information to be Personal Information. Before we collect or send location-specific information, it is our practice to ask for your consent. In some instances, your operating system may not allow you to install an Application without giving us consent. In all instances, you may withdraw your consent by disabling location features for your Equipment – the Application will still work though certain location features (e.g., Store Locator) may not function.
B. HOW WE USE & SHARE THE INFORMATION COLLECTED
(1) Personal Information. The Personal Information you submit to us is generally used to carry out your requests, respond to your inquiries, better serve you, or in other ways naturally associated with the circumstances in which you provided the information. We may also use this information to later contact you for a variety of reasons, such as customer service; providing you with promotional information for our products or those of our parent company, subsidiaries or other affiliated companies (“Affiliated Companies”); or to communicate with you about content or other information you have posted or shared with us via our Services. You may unsubscribe from receiving future promotional information from us or our Affiliated Companies or direct that we not share your information with any Affiliated Companies, as set forth below.
(2) Transactional Information and Technical Information: We use Transactional and Technical Information in a variety of ways. For example, we may use such information to evaluate use of and improve our Services (e.g., visits to our Property, use of our Applications, etc.), track purchases, gauge coupon redemption rates, understand customer needs and trends, carry out targeted promotional activities, and improve our services. We may, among other things, share Transactional or Technical Information with our Affiliated Companies, allow trusted third parties to collect Personal Information directly from you, or sell Personal Information to third parties to achieve these and any other business objectives (e.g., generate revenue, form alliances, etc.). However, it is important to remember that your Personal Information (whether standing alone or combined with non-Personal Information) is information that, while it may relate to you, does not personally identify you.
C. COOKIES AND PREFERENCE BASED ADVERTISING
(3) Opting Out. If you do not wish to participate in preference-based advertising via these third-party advertising networks, go to www.aboutads.info and follow the simple opt-out process. A couple of important notes about this opt-out tool: (1) it includes all the advertising networks that we may work with, but also many that we do not work with; and (2) it may rely on cookies to ensure that a given advertising network does not collect information about you (“Opt-out Cookies”) – an explanation of how Opt-out Cookies work can be found on www.aboutads.info. Therefore, if you use different Equipment, change web browser, or delete these Opt-out Cookies, you will need to perform the opt-out task again.
(4) Do Not Track Features. Certain browsers may offer you the option of providing notice to websites that you do not wish for your online activities to be tracked for preference-based advertising purposes (“DNT Notice”). Some browsers are, by default, set to provide a DNT Notice, whether or not that reflects your preference. Unfortunately, given how preference-based advertising works, DNT Notices may not be effective in communicating your preferences. For this and a variety of other reasons, with respect to our Property, we do not take any action based on browser-based DNT Notices. Rather, if you do not wish to participate in preference-based advertising activities, you should follow the simple opt-out process identified above.
D. OTHER USES & DISCLOSURES
(1) Social Networks: We may offer you the ability to create or login to your account with us through accounts you may have with various social network platforms, such as Facebook or Twitter (each, a “Social Network Account”). To do so, you may be required to provide, or allow our Services to access, your Social Network Account login information. By granting us access to your Social Network Account, you understand and agree that we may access, make available, and store any content that you have provided to and stored in your Social Network Account (e.g., friends, mutual friends, contacts, etc.). We may make this information available on or through our Services and to our users. You may be able to restrict what information is shared and how it is used through privacy and other settings. Also, depending on the privacy settings you have set in your Social Network Account, Personal Information may be shared with us and made available through our Services and to our users.
(2) Email Communications. If you send us an email with questions or comments, we may use your Personal Information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public Personal Information, such as passwords, social security numbers, or bank account information, to us by email. We may send you emails for a variety of reasons – e.g., emails in response to your request for a particular service or your registration for a feature that involves email communications, emails that relate to purchases you have made with us (e.g., product updates, customer support, etc.), informational emails about our other products, services or events, or when you consent to being contacted by email for a particular purpose. In certain instances, we may provide you with the option to set your preferences for receiving email communications from us; that is, agree to some communications but not to others. You may "opt out" of receiving future commercial email communications from us by clicking the "unsubscribe" link included at the bottom of most emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as order confirmations and customer service communications.
(3) Transfer of Assets. As we continue to develop our business, we may sell or purchase assets. If another entity acquires us or all (or substantially all) of our assets, the Personal Information and Non-Personal Information we have about you will be transferred to and used by this acquiring entity, though we will take reasonable steps to ensure that your preferences are followed. Also, if any bankruptcy or reorganization proceeding is brought by or against us, all such information may be considered an asset of ours and as such may be sold or transferred to third parties.
E. Your California Privacy Rights
Residents of the State of California, under certain provisions of the California Civil Code, have certain rights as it relates to how their Personal Information is handled. These are the “right to know,” the “right to delete,” and the “right to opt-out.”
(1) Right to Know. You may request us to provide you the specific pieces of Personal Information that we have about you, categories of Personal Information we have collected about you, categories of sources from which the Personal Information is collected, categories of Personal Information that we sold or disclosed for a business purpose about you, categories of third parties to whom the Personal Information was sold or disclosed for a business purpose, and the business or commercial purpose for collecting or selling Personal Information. Please note that much of the information for which you can make a request is already contained in this Policy. Should you wish to exercise this right, please contact us via one of the methods noted below under “Exercising California Privacy Rights.” If you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request.
(2) Right to Delete. California law gives residents a limited right to request deletion of their Personal Information. However, this right is limited by a number of exceptions. Fundamentally, if we have a permissible need to retain Personal Information, we are not under an obligation to delete such information, even when requested. Generally, we retain Personal Information so we may complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; debug to identify and repair errors that impair existing intended functionality of our online properties; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; comply with a legal obligation; or otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which your provided the information. As such, we generally do not accept requests to delete Personal Information. However, we will respond to requests to remove Personal Information from some of our systems as a part of a request to close or otherwise disable a membership account. If you would like to request deletion of Personal Information, please contact us via one of the methods noted below under “Exercising California Privacy Rights.” If you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request.
(3) Right to Opt-Out. If you would like to opt-out of any sale of your Personal Information, please follow the processes described in Section C(2) above (titled “Opting Out”), or contact us via one of the methods noted below under “Exercising California Privacy Rights.”
(4) Designating an Authorized Agent. California law permits California residents to designate an agent to manage their rights under California law. If you would like to designate an agent to manage your privacy preferences, you may do so using the mechanisms noted below under “Exercising California Privacy Rights.” Note that if you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request. We will also need sufficient Personal Information about your authorized agent to be able to identify them. As part of this process, you must have permission from your authorized agent to disclose their Personal Information to us for the purpose of acting as your agent.
(5) Non-discrimination. California law does not permit us to discriminate against you because you exercised any your rights under this title, including, but not limited to, by: denying you access to goods or services; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
(6) Exercising California privacy rights. If you are a California resident and would like to exercise any of your rights, you may do so by contacting us as described below or via a webform at https://crackerbarrel.exterro.net/portal/dsar.htm, or via toll-free number 1-800-333-9566. Please be aware that we will need to have sufficient information to be able to verify your identity and the rights you have in the data subject to your request.
F. PUBLIC FORUMS
The features, programs, promotions, and other aspects of our Services requiring the submission of Personal Information are not intended for children. We do not knowingly collect Personal Information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed Personal Information to us, please contact us at email@example.com. A parent or guardian of a child under the age of 13 may review and request deletion of such child's Personal Information as well as prohibit the use of that information.
H. KEEPING YOUR INFORMATION SECURE
We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse, and alteration of the information under our control (e.g., where appropriate, implementing firewalls, encryption, etc.). Please be advised, however, that while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online or through our Services, and are not responsible for the theft, destruction, or inadvertent disclosure of your Personal Information. From time to time we evaluate new technology for protecting information, and when appropriate, we upgrade our information security systems.
I. OTHER SITES/LINKS
Our Services may link to or contain links to third-party websites that we do not control or maintain, such as in connection with purchasing products we may recommend or reference via our Services and/or advertisements you may see while using our Services. We are not responsible for the privacy practices employed by any third-party website. We encourage you to read the privacy statements of all third-party websites before submitting any Personal Information through these websites.
J. CONTACT & OPT-OUT INFORMATION
K. SOLE STATEMENT