Website and Mobile App Privacy Policy

 

Last Revised: January 5, 2023

Residents of California, Virginia, Colorado, Connecticut, and Utah, please review our Supplemental Privacy Policy.

Table of Contents

Scope of This Policy

This website and mobile app privacy policy (this “Policy”) applies to information collected through the following websites, which are owned by the indicated entity.

Einstein Noah Restaurant Group, Inc. https://www.einsteinbros.com/
https://ebcatering.com/
https://shared.einsteinbros.com/join
https://shared.einsteinbros.com/giftcard
https://bagelbrands.com
https://doughdeli.com/
Bruegger’s Enterprises, Inc. https://www.brueggers.com
https://catering.brueggers.com
https://shared.brueggers.com/join
https://shared.brueggers.com/giftcard
Noah’s New York Bagels Company, Inc. https://www.noahs.com/
https://noahscatering.com/
https://shared.noahs.com/join
https://shared.noahs.com/giftcard
Manhattan Bagel Company, Inc. https://www.manhattanbagel.com/
https://shared.manhattanbagel.com/subscribe

This Policy refers to these entities collectively as “Operator.” In addition to the listed websites, this Policy also applies to information collected through any other Operator-owned platform on which it is posted, including Operator-owned mobile apps. This Policy refers to the listed websites and all other platforms on which it is posted as our “Sites.”

This Policy does not apply to third-party platforms or to platforms owned by Operator on which it is not posted. It also does not apply to information collected through other channels, such as over the phone or in person.

Please take a few minutes to review this Policy before using our Sites. By using our Sites, you are consenting to the collection, use and disclosure of your information as set forth in this Policy. If you do not agree to be bound by this Policy, you may not access or use our Sites.

This Policy is Part of Our Terms of Use

This Policy is part of the Terms of Use that govern your use of our Sites. A link to our Terms of Use is provided at the bottom of each page of our Sites.

Types of Information We Collect

Information Collected from your Mobile App use. Personal information including your name, email address, phone number, course location, crash data, performance data, and other diagnostic data, including your date of birth and zip code, may be collected through your use of the Mobile App. The information we receive may depend on your app settings and you may opt-out of sharing this information, pursuant to methods described in this Policy. Depending on your app settings, we may share this information pursuant to the “Information About Third- Party Cookies and Interest-Based Advertising” section of this Policy.

Information You Manually Provide. Operator collects the information you manually provide (using your keyboard, mouse, or touchpad) when you use our Sites. For example, we collect your name and contact information and other data you provide when you place an order, sign up for our clubs and/or email updates, ask us a question, or otherwise interact with our Sites.

Information Others Manually Provide. At some of our Sites, users can submit information about other people. For example, if someone orders a gift or gift card or certificate online and wants to send it directly to you, they must submit your name and address. We use this information to send the gift to you. We also store this information so that the user does not have to reenter it the next time he/she wants to send a gift to you. On some of our Sites, users can also email a message to a friend by entering the friend’s name and email address. We use the information to personalize and send the message to the friend.

Information from Third-Party Social Media Platforms. You may be able to register with, log on to, or enhance your profile on our Sites by choosing to automatically populate the requested data fields with information you previously provided to a third-party social media platform (such as Facebook or Twitter). By doing this, you are asking the third-party platform to send us information, including personal information, from your profile on that platform.

Information from your browser or device. Operator collects information that is sent to us automatically by your web browser or mobile device. This information typically includes your IP address, the name of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. The information we receive may depend on your browser or device settings. The technical information we receive from your web browser and device may or may provide your name. However, we may combine it with other information in an attempt to identify you, or we may combine that technical information with other data linked to you.

Information Collected by Cookies and Other Technologies. A “cookie” is a small file placed on your device when you visit a site that can be understood by us or other parties that issued the cookie. We use cookies and other technologies, including device identifiers, to collect information and support certain features of our Sites. For example, we may use these technologies to:

  • collect information about the ways visitors use our Sites—which pages they visit, which links they use, and how long they stay on each page;
  • support the features and functionality of our Sites – for example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits;
  • personalize your experience when you use our Sites; and
  • improve our marketing efforts, including through use of targeted advertising.

If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept cookies when you visit our Sites, you may be unable to use all of the functionality of our Sites if your browser rejects our cookies.

Information About Third-Party Cookies and Interest-Based Advertising

In addition to the cookies Operator delivers to your computer or mobile device through our Sites, certain third parties may deliver cookies to you for a variety of reasons. For example, we may use Google Analytics, a web analytics tool that helps us understand how visitors engage with our Sites. To learn more about Google Analytics click here.

Other third parties may deliver cookies to your computer or mobile device for the purpose of tracking your online behaviors over time and across nonaffiliated websites and/or delivering targeted advertisements either on our Sites or on other websites. For information about how to limit the data that third parties receive about you, please see “Your Choices” below.

How We Use Information Collected Through Our Sites

Generally, we use the information we collect through our Sites:

  • to provide the information, products and services you request; for security, credit or fraud prevention purposes;
  • to provide you with effective customer service;
  • to provide you with a personalized experience when you use our Sites;
  • to contact you with information and notices related to your use of our Sites;
  • to contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
  • to invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us); to better understand your needs and interests;
  • to improve the content, functionality and usability of our Sites; to improve our products and services and to attract investors; to improve our marketing and promotional efforts; and
  • for any other purpose identified in an applicable privacy notice, click- through agreement or other agreement between you and us.

A Note about Careers Pages

Some of our Sites have “Career” areas where you can search for open positions and apply for a job with us. When you submit an employment application, we ask you to provide certain personal information, including, but not limited to, your name, address, telephone number, email address, and employment history. If you send us an email to inquire about a position, the information we receive is the information you include in your cover letter, resume and email message. Please note that by submitting your information regarding employment opportunities to us, you authorize us to transmit and store your information in our recruitment database, to circulate that information as necessary for the purpose of evaluating your qualifications for job vacancies at Operator, and to contact you about a possible employment opportunity. If you are hired by Operator, the information you provide during the recruiting process will become part of our employee records.

 

How We Share Information with Others

With Third–Party Vendors. Operator shares information collected through our Sites with third-party vendors who act on our behalf. For example, we may use third-party vendors to design and operate our Sites; to conduct surveys; and to help us with our promotional efforts. These third-party vendors may need information about you to perform their obligations. Typically, they are required by contract to keep your information confidential and to use it only to provide services on our behalf; however, as described below, we may allow them to use aggregate or de-identified data for their own purposes or to market the products and services of their other clients.

With Other Companies in Operator’s Corporate Structure. We may share information collected through our Sites with other companies in Operator’s corporate structure, including subsidiaries, parent companies, and sister companies existing now or hereafter acquired. These affiliate companies are permitted to use your information for their own marketing purposes and in a manner otherwise consistent with this Policy.

With our Franchisees. Operator may share information collected through our Sites with the owner of any one of our locations that you have used or in which you have expressed interest. These franchisees may be permitted to use your information for their own marketing purposes and in a manner otherwise consistent with this Policy.

With Third-Party Social Media Platforms. We may provide functionality on our Sites that allows you to automatically post information to a third- party social media platform (such as Facebook, Twitter, or Pinterest). If you choose to take advantage of this functionality, people with access to your profile on the third-party platform will be able to see your post. Thus, you should have no expectation of privacy in those actions. Further, if you choose to link your profile on our Sites with an account on a third-party social media platform, we may share the information in your profile with that third-party platform. If you log into our Sites using your credentials from a social media platform, that platform also may receive data about the pages or content that you viewed on our Sites. We may also use third-party social media platforms to offer you interest-based ads. To offer such ads, we may convert your email address into a unique value which can be matched by our partner company with a user on their platform.

Although we do not provide any personal information to these platform vendors, they may gain insights about individuals who respond to the ads we serve.

With Other Users of this Site. In this Policy, “User-Generated Content” or “UGC” refers to all of content that you post on or through our Sites using the social networking tools we make available to you and that does not constitute Feedback. The UGC you submit on or through our Sites is available to others who visit our Sites. Any Personal Information contained in UGC can be read, collected, or used by others, and could be used to send you unsolicited messages. In addition, we may use UGC you submit on or through our Sites for advertising campaigns and other promotions. We may or may not use your name in connection with such use, and we may or may not seek your consent before using the content for such purposes. Therefore, you should have no expectation of privacy with respect to UGC you submit on or through our Sites. You should not submit any content you do not wish to make available to the general public, and you must take special care to make sure your submissions comply with our Terms of Use. In particular, your submissions must not violate the privacy or other rights of others.

In Aggregate or De-Identified Form. We use information collected through our Sites to create a compiled, aggregate view of usage patterns. We may share aggregate information with third parties so we and they can better understand our user base. We may also share with third parties information about how particular individuals use our Sites, but only on a de-identified basis (“Individualized Data”). Individualized Data is not personally identifiable, but it does reflect the usage patterns of a particular Site user, as opposed to Site users collectively. We may provide basic demographic information (gender and age) in conjunction with providing Individualized Data. Third parties typically use this information for analytical purposes and to market their own products and services.

With Other, Carefully Selected Business Partners. From time to time, we may share your information with selected third parties for their own marketing purposes, but in such instances, we share a customer ID with these business partners, and not your actual name. For example, we may partner with third parties to sponsor contests or other promotions, and we may share with these third parties the information you submit to us to participate in the contest or take advantage of the promotion. Before doing so, however, we may offer you the opportunity to “opt out” or “opt in,” as required by applicable law.

As Part of a Business Transfer. Your information may be transferred to successor organization if, for example, we transfer the ownership or operation of our Sites to another organization if we merge with or are acquired by another organization, or if we liquidate our assets. If such a transfer occurs, the successor organization’s use of your information will still be subject to this Policy and the privacy preferences you have expressed to us.

To Comply with Laws and Protection of Our Rights and the Rights of Others. We may disclose your information when we, in good faith, believe disclosure is appropriate to comply with the law, a court order or a subpoena. We may also disclose your information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of our Sites; to enforce or apply our online Terms of Use or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others.

As Described in a Privacy Notice or Click-Through Agreement. We reserve the right to disclose your information as described in any privacy notice posted on our Sites, or as described in any click-through agreement to which you have agreed.

Your Choices

In General. We respect your right to make choices about the ways we collect, use, and disclose the information you provide on or through our Sites. We strive to provide choices to you at a meaningful time and in a meaningful place. For example, if you don’t want information about your visit to our Sites sent to Google Analytics, you may download an Opt-out Browser Add-on by clicking here. Please note that the Add-on does not prevent information from being sent to Operator.

In addition, if you would like to opt out of having participating entities collect your online behavior for advertising purposes when you are browsing our websites, click here for a “Website Opt Out.” You will be directed to an industry-developed website that allows you to choose whether each listed entity may collect and use data for interest-based advertising purposes. It may be that some of the third parties that collect interest-based information on our Sites do not participate in the Website Opt Out, in which case the best way to avoid third-party tracking of your online behaviors may be through your browser settings and deletion of cookies.

The Website Opt Out described above works only on websites. To opt out of having participating entities track your behaviors for advertising purposes when you are using a mobile app, download and use the Digital Advertising Alliance’s “App Choices” app. As with the Website Opt Out, the “Mobile App Opt Out” prevents tracking only by participating entities.

Please note that the Website Opt Out and Mobile App Opt Out are device-specific and the Website Opt Out is browser-specific. If you wish to opt-out from having interest-based information collected by participating entities across all devices and browsers, you need to take the steps outlined above from each device and browser.

Previously Expressed Preferences. You may change previously expressed preferences regarding how we use information you provide on or through our Sites. For example, if you have provided your contact information and receive periodic emails from us, you may decide to stop receiving those emails by clicking the “unsubscribe” link in an email’s footer. You may be able to change other preferences through an account you create on our Sites. Otherwise, please contact us using the information provided below.

How to Access, Update or Correct Your Information

If you have created a profile on our Sites, you may be able to access, update or correct your information through your account settings. Otherwise, you may need our help. Please contact us using the information provided below. We will respond to you within a reasonable time and, in any case, within the time limits established by applicable law. We may ask you for additional information to verify your identity.

In most cases, we will provide access and correct or delete any inaccurate information you discover. In some cases, however, we may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identity. If you seek deletion of information that you provided when you were a minor, please contact us using the information provided below.

Steps We Take to Safeguard your Information

We maintain reasonable administrative, physical and technological measures to protect the confidentiality and security of personal information you submit on or through our Sites. Unfortunately, no website, server or database is completely secure or “hacker proof.” We therefore cannot guarantee that your personal information will not be disclosed, misused or lost by accident or by the unauthorized acts of others. Further, we cannot control dissemination of personal information you post on or through our Sites using any social networking tools we may provide, and you should have no expectation of privacy in such information.

Children Under the Age of Thirteen

Our Sites are not intended for children or minors under the age of thirteen years without the permission of a parent or guardian. If you believe that a child has submitted personal information on or through our Sites without the consent and supervision of a parent or guardian, please contact us at data_privacy@bagelbrands.com so that we can take appropriate action.

Our Sites may provide links to other websites operated by third parties, including in some cases our third-party vendors. Operator does not control these websites and is not responsible for their data practices.

Any information you provide to third parties on their websites is covered under their privacy and data collection policies and is not covered by this Policy. We urge you to review the privacy policy posted on any site you visit before using the site or providing any personal information.

This Policy May Change

We are continually improving and adding to the features and functionality of our Sites and the services we offer through our Sites. As a result of these changes (or changes in the law), we may need to update or revise this Policy. Accordingly, we reserve the right to update or modify this Policy at any time, without prior notice, by posting the revised version of this Policy behind the link marked “Privacy Policy” at the bottom of each page of our Sites. Your continued use of our Sites after we have posted the revised Policy constitutes your agreement to be bound by the revised Policy. However, we will honor the terms that were in effect when we gathered data from you.

For your convenience, whenever this Policy is changed, we will update the “Last Revised” date at the top of this page. We encourage you to review this page to ensure you are familiar with our most updated Policy.

You may access the current version of this Policy at any time by clicking the link marked “Privacy Policy” at the bottom of each page of our Sites.

Contact Us

If you have any questions regarding this Privacy Policy, please contact us at and we will work with the owner of the website or mobile app at issue to answer your question. You can contact us at:

data_privacy@bagelbrands.com or
Einstein Noah Restaurant Group, Inc.
1720 S. Bellaire St.
Attn: Skybox
Denver, CO 80222