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    Privacy Policy

    Updated as of December 29, 2019

    Changes to our Privacy Policy as of December 29, 2019: The changes include clarifying the Sites and Services (as defined below) covered by the Privacy Policy, defining “personal information” covered by the Privacy Policy, adding information related to California’s new privacy law and Nevada’s new privacy law, and updating our contact information if you have privacy-related questions.

    Moe’s Franchisor SPV LLC, Moe’s Stores LLC and their affiliates and subsidiaries (collectively, “Moe’s” “we” or “us”) value your privacy. In this Privacy Policy (“Policy”), we describe how we collect, use, and disclose or otherwise process information and personal information that we obtain about users (“Users”) of our websites (each a “Site” and collectively the “Sites”), our mobile applications (each an “App” and collectively the “Apps”), our social media networking pages, and the services available through our Sites and Apps (each a Service and collectively the “Services”). This Policy will apply to each Moe’s Site or App that displays it. This Policy does not apply to any websites, webpages, or mobile apps that are run or owned by any Moe’s franchisees, or any other third party.

    This Policy and our Cookie Policy describe our collection, use, and disclosure of personal information and other information collected from Users.

    In this Policy, “personal information” means any information that Moe’s has collected and that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked with a particular person or device.

    If you are a California resident, please click here to learn more about your consumer data privacy rights.

    Information We Collect About You

    We collect personal information directly from Users, such as when they sign up to receive special offers or information from us, sign up for our rewards programs, download franchise kits, or register for an account with us. We also collect certain information (including personal information) automatically through Users’ use of our Sites, Apps and Services. If you would like to use our Sites, Apps, and Services, but decide not to provide this personal information, certain Services may not be available to you.

    Information We Collect Directly From You

    You can browse our Sites without registering or submitting your personal information to us, but we will automatically collect certain information about your use of our Sites and Apps through cookies and other web tracking technologies – see Other Information We Collect Automatically below.

    To use our Apps and certain Services (e.g., to sign up for rewards programs, enter contests, make a purchase, or request a franchise kit from us), you must register with us or otherwise provide us with your name and other personal information. We may also collect personal information that you enter on our Sites or Apps or provide to us in any other ways, such as through email or forms on our Sites or Apps. The type of personal information that we collect from you depends on your interaction with us and your use of our Sites, Apps, and Services, but may include:

    · personal details, such as full name, mailing address, email address, phone number, and other contact information;

    · transaction information (if you make a purchase), such as information about the products you buy, billing address, method of payment, and payment details; and

    · location data, and any other personal information that you choose to provide.

    Other Information about Your Activities and Interactions

    We collect information from you when you submit a review, comment or other content to our Sites or Apps or on our social networking pages, and when you contact us. In addition, we track when you like us or share our content through Facebook, Twitter, or other social networking platforms. Blogs on many of our Sites are hosted by WordPress (to review the WordPress privacy policy, click here), or other third parties.

    Information from Third Parties

    We may collect personal information about potential customers and franchisees from third parties, including name, contact and other information. We also may collect information about any comments or reviews you post about us on third party websites.

    Your Location

    Our Sites and Apps may access and collect your geolocation information in order to facilitate our Services, such as enabling the functionality of our Sites and Apps that provide you with information about stores near you. We may also use information about the location of the device you are using to help us understand how our Sites, Apps, and other Services and functionality are being used and to deliver more relevant advertising. For most mobile devices and computer systems, you are able to withdraw your permission for us to collect this information by using the device or web-browser settings.

    Other Information We Collect Automatically

    We may automatically collect certain information – including personal information – about your use of our Sites, Apps and social networking pages through cookies and other web tracking technologies, including, but not limited to: log files; domain name; browser type and operating system; page views and related activities; IP address; the length of time you use our Sites, Apps, and Services; access date and time; browser type; device ID or other mobile or App identifier; and referring URL. We may combine this information with other information that we have collected about you. Please see our Cookie Policy for more information.

    How We Use Your Information

    We process and use your personal information if there is a legal justification for doing so. Below is an overview of the legal justifications for processing personal information, and why we use your personal information. Additional details on how we process your personal information may be provided to you in a separate notice or contract.

    • Performance of a Contract / Entering into a Contract . Processing your personal information is necessary in some cases to perform a contract with you or take steps to enter into a contract at your request:

    - Providing Support and Services - to provide our support and Services to you, to communicate with you, to respond to your inquiries, to provide you with documentation or communications which you have requested from us, to provide after-sales support, and for other customer service purposes.

    - General Business Operations - to process your orders or purchases.

    • Our Legitimate Interest . Processing your personal information is in our legitimate interests, which are not overridden by your interests and fundamental rights. When the justification for processing your personal information is our legitimate interests, those interests are to use User personal information to conduct and develop our business activities with Users and with others in order to support our reputation and increase our revenues, while limiting the use of personal information to those purposes that strictly support the conduct and development of our business within the reasonable expectation of the individuals concerned:

    - Personalize Content - to make recommendations to you about our Services; to tailor the information that we send or display to you; to offer customization, based on your location; and to otherwise personalize your experiences based on your purchase history and your interactions with the Sites, Apps, and social networking pages.

    - Advertising - to send you targeted advertising on our Sites, in our Apps, or on third party websites.

    - Marketing and Promotions - to send you news and newsletters, special offers and promotions, or to otherwise contact you about information we think may interest you.

    - Analytics and Improvement - to better understand how Users access and use our Sites, Apps, and Services, in order to improve them, respond to User desires and preferences, and for other research, marketing, and analytical purposes; to conduct research and analytics; to evaluate transactions involving the Sites, Apps, and social networking pages; to operate, evaluate, maintain, improve and develop the Site, Apps, and social networking pages (including by monitoring and analyzing trends, access to, and use); or to evaluate, improve, and develop our Services generally by tracking User interaction and review of our Services.

    - Protect Our Legal Rights and Prevent Misuse – to respond to claims asserted against us , comply with legal process (e.g. subpoenas or warrants), or enforce or administer our agreements and terms; to conduct fraud prevention, risk assessment, or investigations; to protect our rights, property, or safety and those of Users, or others; and to protect our confidential and proprietary information.

    - Comply with Legal Obligations – to comply with the law, a judicial proceeding, court order, subpoena, or other legal process.

    - Corporate Reorganization – to share your personal information with third parties in connection with potential or actual sale of our company or any affiliate, or of any of our assets or those of any affiliated company, in which case personal information held by us about our Users may be one of the transferred assets.

    • Compliance with European Union (“EU”) Law . Processing your personal information is necessary in some cases for us to comply with a relevant legal obligation:

    - EU Records - to keep accounting records and evidence of Services.

    - Protect Our Legal Rights and Prevent Misuse in the EU - to respond to claims asserted against us, comply with legal process (e.g., subpoenas or warrants), or enforce or administer our agreements and terms; to conduct fraud prevention, risk assessment, or investigations; to protect our rights, property or safety and those of Users, or others; and to protect our confidential and proprietary information.

    - Comply with EU Legal Proceedings - to comply with the law, a judicial proceeding, court order, subpoena, or other legal process.

    • Consent . We process your personal information in some cases because you have consented to that processing:

    - Testimonials - to publish your User experience with our Services on our Sites, Apps, or social networking pages.

    How We Share Your Information

    We do not sell or rent your personal information for monetary compensation. We may share your information, including personal information, as follows:

    Other Users

    Any information, including personal information, that you post on public areas of our Sites and Apps, such as reviews, comments, and photos, may be available to, and searchable by, all Users of the Sites and Apps. Reviews may also be viewable by non-registered visitors to our Sites and Apps.

    Affiliates

    We may disclose the personal information we collect from you to our affiliates or subsidiaries for their own marketing, research, and other purposes. For example, if you request information about one of our franchises, we may share your information with other affiliated franchise companies in which we think you may be interested. In addition, if you sign up to receive information or updates from one of our affiliates, we may send you information from other affiliates. For more information on how to opt-out of receiving marketing communications, please contact us at unsubscribe@moes.com.

    Service Providers

    We may disclose the personal information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf, such as payment processors, hosting providers, auditors, advisors, consultants, customer service, and support providers.

    Business Transfers

    In the event that we are involved in a potential or actual bankruptcy, merger, acquisition, reorganization, sale of assets, or similar event, your personal information may be sold or transferred as part of that transaction or anticipation of a possible transaction. This Policy will apply to your personal information as transferred to the new entity.

    In Response to Legal Process

    We may disclose the personal information we collect from you to a court, legal authority, adverse litigation party, legal counsel, and other advisors in connection with a judicial proceeding, court order, subpoena, or other legal process.

    To Protect Us and Others

    We may disclose the personal information we collect from you to a court, legal authority, government agency, adverse litigation party, legal counsel, and other advisors where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the rights, property, and safety of Moe’s or any other person; to enforce or administer our Terms and Conditions, this Policy, or another Moe’s policy; or as evidence in litigation in which we are involved.

    Aggregate Information

    We or our third-party providers may share information that does not identify you. For example, we may share anonymous, aggregated statistics about Users with third parties for marketing, advertising, research, or similar purposes.

    With Your Consent or at Your Direction

    In addition to the sharing described in this Policy, we may share information about you with third parties whenever you consent to or direct such sharing, for example, to provide information about franchise opportunities with Moe’s affiliates.

    Our Use of Cookies and Other Tracking Mechanisms

    We and our third-party service providers use cookies and other tracking mechanisms to collect and track information about your use of our Sites, Apps, and Services. We may combine this information with other personal information we collect from you. For example, we may use these technologies to:

    · uniquely identify you or your device;

    · allow you to access and use our Services, where without them, our Services may not work properly;

    · improve our products and Services;

    · help us monitor the performance of our Services;

    · help us customize your experience;

    · market to you through targeted advertising; and

    · for other purposes described under the section entitled “How We Use Your Information” above.

    For more information about our use of cookies and other tracking mechanisms, please see our Cookie Policy .

    Cookies

    Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Sites, Apps, and Services, while others are used to enable a faster log-in process or to allow us to track your activities. For more information on the specific types of first and third party cookies served through our Sites and Apps, please see our Cookie Policy .

    Clear GIFs, pixel tags and other technologies

    Clear GIFs are tiny graphics with unique identifiers, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Sites and Apps to, among other things, help us manage content, and compile statistics about usage. We and our third party service providers use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

    Local Storage

    We may use local storage technologies, such as HTML5 or Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Typically, you cannot control, delete, or disable the acceptance of HTML5 or Flash LSOs through your web browser. For more information on HTML5 and Flash LSOs, or to learn how to manage your settings for HTML5 and Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions.

    Advertising and Analytics

    We use third-party analytics tools, including, but not limited to, Google Analytics, FullStory, and ClickDimensions, to collect, monitor, and analyze information we collect from you in order to improve functionality and user-friendliness of our Sites and Apps, and to better tailor the Services to our visitors’ needs.

    In addition, we may send Users targeted ads, based on their location and activities on our Sites and in the Apps. We may also participate in third-party ad networks (including but not limited to Google Ads, Flashtalking, Quantcast, Mediamath, Dstillery, RhythmOne, and Facebook Ads) and allow third parties, including network advertisers, to use cookies, pixel tags, and other tracking technologies on the Sites and Apps to collect usage information and display targeted ads. These third parties may be able to associate the information they collect with other information they have about you from other sources. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one.

    For more information on third-party analytics and advertising practices, please visit our Cookie Policy .

    Do-Not-Track

    Our Sites do not honor browser do-not-track requests. However, you can find information on how to opt out of many participating website ad networks at the following websites: Network Advertising Initiative , and Digital Advertising Alliance . Please note that opting out does not prevent all targeted ads from being displayed to you. Also, if you delete cookies or change devices, your opt-out may no longer be effective.

    Mobile App Users

    If you download or use any of our Apps, and you agree to share your location information with us and receive push notifications from us, we will use your location information to send you customized notices, offers, and coupons. You can opt-out of push notifications or of sharing your location information by adjusting the settings in your mobile device after downloading the App. If you use an Apple iOS device, you can disable push notifications by turning them off for the App you are using within the “Notifications Center” under the “Settings” menu; you may disable location information for an App by going to “Settings,” “Privacy,” and then “Location Services,” and turning off sharing for the particular App. For Android users, you can turn off these notifications through the Menu settings within our App.

    User Generated Content

    Any content you post to our Sites, Apps, or social networking pages (“User Generated Content”), may be available to all Users, and we cannot prevent such content from being used in a manner that violates this Policy, the law, or your personal privacy. We may review such User Generated Content, remove it, or combine such User Generated Content with other information we have collected about you and use it as described in this Policy. All User Generated Content is subject to our Terms and Conditions and the User Generated Content Terms and Conditions.

    Plug-ins and Social Media Widgets

    Our Sites may include social networking features and widgets, such as the Facebook “Like” button and the “Share this” button, as well as other interactive mini-programs that run on our Sites. These features may collect your IP address, which page you are visiting on our Sites, and may set a cookie to enable the feature to function properly. These features are displayed on our Sites, but are hosted by third parties. Your interactions with these third-party features are governed by the privacy policy of the company providing them, not this Policy. You should consult their respective privacy policies for information about their information practices.

    Testimonials

    We display personal testimonials of satisfied customers on our Sites, in addition to other endorsements. We may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at privacy@moes.com.

    Third-Party Links

    Our Sites, Apps, and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites. Please read their respective privacy policies for information about how these third parties handle the processing of personal information and other information. If you delete your account, to the extent permitted by applicable law, we will retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, maintain appropriate business records, and enforce our agreements.

    Duration of Personal Information Retention

    As a general rule, your personal information may be stored as long as the information is required to fulfill our legitimate business needs or the purposes for which the information was collected, or for as long as is required by law.

    You can contact us by email at: privacy@moes.com with questions or concerns regarding the retention period of your personal information.

    How I Can Correct My Information

    You may modify certain personal information that you have submitted to us. If you wish to correct or delete any of the personal information you have provided to us, you may contact us by email at: privacy@moes.com. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Sites or App for a period of time, and we may maintain records in our systems of this information as well. If you are a user in the European Economic Area (“EEA”), you may have additional rights, as set forth in the “ Your European Privacy Rights ” section below.

    Personal Information Marketing Choices

    We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail or contacting us at unsubscribe@ moes.com. Please note that it may take up to ten (10) business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you administrative e-mails about your account or any Services you have requested or received from us.

    Children

    Our Services are not targeted at children under 13 years of age.

    No one under the age of 13 may provide any information to us through our Sites or Apps. We do not knowingly collect personal information from children under 13. If you are under 13, do not access, use, or provide any information on our Sites or Apps, or on or through any of their features.

    Note to EEA Users : If you are under 16, you should not access, or provide any information on our Sites or Apps, or on or through any of their features.

    If we discover that a child under 13, or equivalent minimum age depending on the jurisdiction, has provided us with personal information, we will delete such information from our systems. If you are a parent or legal guardian of a child under 13, or equivalent minimum age in the relevant jurisdiction, whom you believe has submitted personal information to us, please contact us at privacy@ moes.com.

    Notice to Nevada Residents

    Nevada law allows consumers to direct certain businesses not to sell their personally identifiable information to third parties to license or sell that information to additional third parties. If you are a Nevada resident, you may submit such opt-out requests to privacy@moes.com. To be effective, your request must include your full name, address, phone number, and email address. We will endeavor to respond to your verified request within 60 days of receiving the request. However, due to unforeseen circumstances, we may need to extend this period by up to 30 days. If an extension is reasonably necessary, we will notify you of this during the initial 60-day period.

    International Users

    The Services are headquartered in the United States. Please be aware that information you provide to us or that we obtain as a result of the Services may be collected in your country and subsequently transferred to, maintained, accessed and otherwise processed in the United States or another country by us or our service providers for the purposes mentioned above in accordance with applicable law. The privacy laws of these countries may not always offer the same level of protection as in your country.

    Your European Privacy Rights

    If you are a data subject in the EEA, subject to certain conditions and restrictions set out in the General Data Protection Regulation (“GDPR”) and other applicable laws, you have the following rights with regard to our processing of your Personal Data (as defined in the GDPR):

    Right of access, erasure and rectification. You have the right to request access to and obtain a copy of any of your Personal Data that we may hold, and to request the deletion of your Personal Data under certain circumstances. If the Personal Data we hold about you is inaccurate or incomplete, you are entitled to request to have it corrected. If you are entitled to have information corrected and if we have shared your Personal Data with others, we will let them know about the rectification where possible. If you ask us, we will also tell you, where possible and lawful to do so, with whom we have shared your Personal Data so that you can contact them directly.

    Your Right to Restriction of Processing. You can ask us to restrict the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of that Personal Data or you object to our use or stated legal basis Where your Personal Data is subject to restriction, we will only process it with your consent or for the establishment, exercise or defense of legal claims. If you ask us, we will also tell you, where possible and lawful for us to do so, with whom we have shared your Personal Data so that you can contact them directly.

    Right to Data Portability. Where we are relying (as the justification for processing) upon your consent, or the fact that the processing is necessary to perform a contract to which you are party or to take steps at your request prior to entering a contract, and the Personal Data is processed by automated means, you have the right to receive a copy of the Personal Data we have obtained from you in a structured, commonly used and machine readable format, and to reuse it elsewhere or to ask us to transfer this to a third party of your choice.

    Right to object to processing (including profiling) based on legitimate interest grounds - Where we are relying upon legitimate interests to process Personal Data you have the right to object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or we need to process the Personal Data for the establishment, exercise, or defense of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.

    Right to object to direct marketing (including profiling) - You have the right to object to our use of your Personal Data (including profiling) for direct marketing purposes, such as when we use your Personal Data to invite you to our promotional events.

    Your right to withdraw your consent. In the event your Personal Data is processed on the basis of your consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

    Your right to lodge a complaint. You have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work, or place of alleged infringement, if you consider that the processing of your Personal Data infringes applicable law.

    Please note that some of these rights may be limited, such as where we have an overriding interest or legal obligation to continue to process your Personal Data. If you wish to exercise any of these rights or for any other inquiries or complaints regarding the processing of your Personal Data by us, please contact us at privacy@moes.com.

    Please also note that Moe’s Franchisor SPV LLC is a data controller with respect to the data of franchisees, prospective franchisees and franchisee applicants it collects or otherwise processes.

    Security

    We are committed to taking appropriate measures designed to keep your personal information secure. We have taken reasonable steps to help protect the information we collect about you from loss, misuse, unauthorized access, disclosure, alteration, and destruction. While we make considerable efforts to protect our information systems, no data security measures can guarantee 100% security. We encourage you to safeguard your passwords, ID numbers, or other special access features on our Sites and Apps.

    Contact Us

    If you have questions about the privacy aspects of our Sites, Apps or Services or would like to make a complaint, please contact us at privacy@moes.com.

    Changes to this Policy

    This Policy is current as of the “Updated as of” date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. The modified Policy will be effective immediately upon posting. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change through commercially reasonable efforts available to us.

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