PRIVACY POLICY

This privacy policy (“Policy”) describes the manner in which Erma’s Frozen Custard, Inc. (“Erma’s,” “Company,” “we,” “us,” “our”) collects, uses, maintains, and discloses information when you visit our website www.ermascustard.com (the “Site”) (when referred to collectively with our products and offerings available on the site, the “Services”).

Please read this Policy carefully to understand our practices regarding your information. By accessing or using the Site, you agree to this Policy.  If you do not agree to this Policy, you may not use or access our Site.

Third-Party Links & Cookies

Our Site may contain links to other websites or may be linked from other websites or social media platforms.  We may also partner with third parties that may use technologies such as cookies, widgets, and links to gather information about users on our Site.  We do not have control over third party websites or social media platforms, and any third party website’s privacy practices are not governed by this Policy.  Any time you leave our Site to a third party website or social media platform or interact with a third party link or other technology, you should exercise caution and review the privacy statement applicable to such websites to learn more.

Collection, Use & Sharing of Information

We may collected certain information when you use or access our Site. “Personal Information” is information that can be used to identify you. Below are specific examples of the types of Personal Information we may collect.  Personal Information does not include information that has been de-identified or aggregated and that cannot reasonably be used to you.  We may use de-identified or aggregated information for any purpose and share it with any party.

Categories of Personal Information We Collect:

  • Identifiers, such as name, date of birth, postal address, e-mail address, telephone number, and internet protocol address, that you may provide when creating an account on our Site, using our Site, ordering products from our Site, or applying for employment with us through our Site.
  • Demographical information, such as citizenship status and gender, that you may provide when creating an account on our Site, using our Site, or applying for employment with us through our Site.
  • Educational information, such as current or past institutions and degree status, that you may provide when creating an account on our Site, using our Site, or applying for employment with us through our Site.
  • Professional and employment information, such as current or past employment information, work authorization status, and criminal history that you may provide when creating an account on our Site, using our Site, or applying for employment with us through our Site.
  • Textual and photographic content that you may provide when creating an account on our Site, using our Site, or applying for employment with us through our Site.
  • Internet or other similar network activity, including browsing history, search history, links, and information regarding your interaction with an internet website, application, or advertisement may be collected when creating an account on our Site, using our Site, ordering products from our Site, or applying for employment with us through our Site.
  • Geolocation data, including IP addresses which provide information about users’ approximate location, may be collected when creating an account on our Site, using our Site, ordering products from our Site, or applying for employment with us through our Site.

Sources for Personal Information We Collect:

  • We receive Personal Information from individuals through their direct interactions with and access to our Site, including when ordering products from our Site and when applying for employment with us through our Site.
  • We receive Personal Information, such as technical data, usage data, and internet and other similar network activity, through automated technologies, such as cookies, flash cookies, and web beacons, and other interactions with our Site.
  • We receive Personal Information from our service providers, including platform service providers such as Shopify, business partners, and other third parties, such as third party delivery platforms and apps.

Our Business or Commercial Purposes for Collecting Personal Information and Categories of Third Parties to Whom the Information is Disclosed:

    • Identifiers are collected to provide individuals with our Services, to improve the quality, safety, and security of the Services, to customize and improve the Services, to administer and process requests related to the Services, to respond to direct inquiries, to evaluate your candidacy for employment in connection with a job application, and for any other purpose to which you consent. We may share identifiers with our subsidiaries and affiliates, our employees, our contractors, our service providers, including our platform service providers such as Shopify, third party partners that assist us in providing the Services, such as third party delivery platforms and apps, and to any party with your consent.
    • Demographical information is collected to provide individuals with our Services, to improve the quality, safety, and security of the Services, to customize and improve the Services, to administer and process requests related to the Services, to respond to direct inquiries, to evaluate your candidacy for employment in connection with a job application, and for any other purpose to which you consent. We may share identifiers with our subsidiaries and affiliates, our employees, our contractors, our service providers, including our platform service providers such as Shopify, third party partners that assist us in providing the Services, such as third party delivery platforms and apps, and to any party with your consent.
  • Educational information is collected to provide individuals with our Services, to improve the quality, safety, and security of the Services, to customize and improve the Services, to administer and process requests related to the Services, to respond to direct inquiries, to evaluate your candidacy for employment in connection with a job application, and for any other purpose to which you consent. We may share identifiers with our subsidiaries and affiliates, our employees, our contractors, our service providers, including our platform service providers such as Shopify, third party partners that assist us in providing the Services, such as third party delivery platforms and apps, and to any party with your consent.
  • Professional and employment information is collected to provide individuals with our Services, to improve the quality, safety, and security of the Services, to customize and improve the Services, to administer and process requests related to the Services, to respond to direct inquiries, to evaluate your candidacy for employment in connection with a job application, and for any other purpose to which you consent. We may share identifiers with our subsidiaries and affiliates, our employees, our contractors, our service providers, including our platform service providers such as Shopify, third party partners that assist us in providing the Services, such as third party delivery platforms and apps, and to any party with your consent.
  • Textual and photographic content is collected to provide individuals with our Services, to improve the quality, safety, and security of the Services, to customize and improve the Services, to administer and process requests related to the Services, to respond to direct inquiries, to evaluate your candidacy for employment in connection with a job application, and for any other purpose to which you consent. We may share identifiers with our subsidiaries and affiliates, our employees, our contractors, our service providers, including our platform service providers such as Shopify, third party partners that assist us in providing the Services, such as third party delivery platforms and apps, and to any party with your consent.
  • Internet or other similar network activity is collected to provide individuals with our Services, to improve the quality, safety, and security of the Services, to customize and improve the Services, to administer and process requests related to the Services, to respond to direct inquiries, to evaluate your candidacy for employment in connection with a job application, and for any other purpose to which you consent. We may share identifiers with our subsidiaries and affiliates, our employees, our contractors, our service providers, including our platform service providers such as Shopify, third party partners that assist us in providing the Services, such as third party delivery platforms and apps, and to any party with your consent.
  • Geolocation data is collected to provide individuals with our Services, to improve the quality, safety, and security of the Services, to customize and improve the Services, to administer and process requests related to the Services, to respond to direct inquiries, to evaluate your candidacy for employment in connection with a job application, and for any other purpose to which you consent. We may share identifiers with our subsidiaries and affiliates, our employees, our contractors, our service providers, including our platform service providers such as Shopify, third party partners that assist us in providing the Services, such as third party delivery platforms and apps, and to any party with your consent.

In addition, where consistent with applicable laws and regulations, we may disclose Personal Information in all categories above:

  • to prepare, negotiate, or perform a contract with you;
  • to respond to subpoenas, court orders, or other legal process or otherwise as required by law or the competent government or judicial authorities;
  • to establish or preserve a legal claim or defense;
  • as part of corporate restructuring, sale of assets, merger, or divestiture; or
  • to prevent fraud or other illegal activities, such as willful attacks on our information technology systems.

Sale and Marketing of Personal Information 

We do not sell Personal Information collected on our Site to third parties for their direct marketing purposes. We do not disclose Personal Information to third parties for their direct marketing purposes.

Choices and Access Concerning Your Personal Information

Your choices regarding our use and disclosure of Personal Information

We give you certain choices regarding our use and disclosure of your Personal Information for promotional purposes.  You may opt out from receiving electronic communications from us by contacting us at [email protected]  If you no longer want to receive promotional-related emails from us, you may opt out according to instructions in such communications.  Please note that if you opt out of receiving marketing-related messages, we may still send you important administrative messages and alerts.

Access, change, or deletion of Personal Information

To the extent applicable law provides you with the right to review, correct, update, or delete Personal Information that you previously have provided to us, please contact us using our contact information below should you wish to do so.  We will respond to your request consistent with applicable law.

California Shine the Light Law

Under California law, California residents have the right to request in writing from businesses with whom they have an established business relationship certain information pertaining to third parties to which the business discloses personal information for marketing purposes. If you are a California resident and wish to request information pursuant to the California Shine the Light Law, please contact us using the information below.

Data Integrity 

The security of your Personal Information is important to us.  We employ a number of organizational, technical, and physical safeguards designed to protect the Personal Information we collect. However, security risk is inherent in all internet and information technologies and we cannot guarantee the absolute security of your Personal Information. Your submission of any Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

Data Retention

We will only retain your information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for your information, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure of your information, the purposes for which we process your information and whether we can achieve those purposes through other means, and the applicable legal requirements.

Data Relating to Children Under the Age of 13

Children under the age of 13 are prohibited from using or accessing the Site. Our Site is not intended for or directed at anyone under the age of 13 (or such other age as may be restricted under local law). If we are made aware that we have received information in violation of this provision, we will use reasonable efforts to locate and remove it from our records.

If you believe that we maintain your child’s information in violation of this provision and wish to have it removed, please contact us using the information listed below.

Changes to Our Privacy Policy

This Privacy Policy may change from time to time. We reserve the right to make any changes, modifications, additions, or deletions to this Policy at any time. If we make material changes to privacy practices, we will notify you by email or through a notice on this page. We encourage you to periodically check this page for updates.

Contact Information

To ask questions or comment about this Policy and our privacy practices, contact us at [email protected] or 6451 Auburn Rd. Shelby Twp., MI 48317.

Last modified: August 25, 2021

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