California Privacy Rights Notice

Last updated: January 31, 2024

If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. California privacy laws require that we provide California residents information about how we use their Personal Information, whether collected online or offline. This Notice supplements our Privacy Policy.

Please note our data collection practices set forth below are not different than those described in our Privacy Policy; the California Consumer Privacy Act (“CCPA”) specifies particular information that we must disclose for California residents, and in this Notice, we have reorganized the discussion in our Privacy Policy into the categories as outlined by the CCPA.

Notice at Collection. We are required to notify California residents, at or before the point of collection of their Personal Information, the categories of Personal Information collected and the purposes for which such information is used.

Categories of Personal Information We Collect, Disclose, and Sell. Below we identify the categories of Personal Information that we may collect about California consumers and households, the purposes for which we may use each category, and to whom we may disclose the information within each category. Please note that because this list is comprehensive it may refer to types of information that we share about people other than yourself.

Purposes of Collection. We may collect the above categories of Personal Information for the following general purposes:

• Processing orders and sending related communications.
• Providing services and support to users.
• Improving our services and product offerings.
• Administering user accounts.
• Identifying consumers when they visit our Sites or stores.
• Responding to customer feedback, questions, and comments.
• Responding to inquiries related to support, employment opportunities, or other requests.
• Maintaining and protecting the security and integrity of our systems.
• Improving our Sites, advertisements, products, and services.
• Sending marketing communications and promotional offers.
• Providing digital advertisements tailored to consumers’ interests.
• Conducting performance and marketing analytics.
• Enforcing our Terms of Use.
• Resolving disputes or troubleshoot problems.
• Preventing potentially prohibited or illegal activities.
• Responding to subpoenas, court orders, or other legal processes.
• Establishing or exercising our legal rights.
• Defending against legal claims.
• Any other lawful purposes.

Sources of Collection. We may collect your Personal Information in the following ways, pursuant to applicable law:

• Directly from you, when you use or purchase our products or services; register for an account or create a profile; contact us; respond to a survey; and sign up to receive emails, text messages, and/or postal mailings.
• Through our use of cookies and other automatic data collection technologies, when you visit our Sites; open or click on emails we send you; or interact with our advertisements. We or third parties we work with automatically collect certain information using technologies such as cookies, web beacons, clear GIF, pixels, internet tags, web server logs, and other data collection tools.
• From third-party sources, such as our independent franchisees, social networks (when you either reference Marco’s or grant permission for us to access your data on one or more of these services), partners with which we offer co-branded services, sell or distribute our products, or engage in joint marketing activities, and publicly-available sources.
• Other sources, including data analytics providers or publicly available sources.

Retention of Information. Typically, we retain Personal Information for the period necessary to fulfill the purposes outlined in our Privacy Policy and this Notice or as otherwise needed to provide products and services you have ordered from us, unless a longer retention period is required or permitted by law. Please note that in many situations, we must retain all, or a portion of, your Personal Information to comply with our legal obligations; resolve disputes; to protect against fraudulent, deceptive, or illegal activity; or for another one of our business purposes.

Right to Limit Processing of Sensitive Information. California residents have the right to request that we limit the processing of their Sensitive Personal Information that we have collected, subject to certain exemptions. “Sensitive Personal Information” includes:

• Government identifiers, such as Social Security Numbers and drivers’ license numbers.
• Account log-in information, including payment information in combination with any required security or access code, password, or credentials allowing access to an account.
• Precise geolocation information.
• Content of postal mail, email, and text messages, unless the business is the intended recipient of the subject communications.
• Genetic data.
• Biometric information that uniquely identifies a consumer or information concerning a consumer’s health, sex life, or sexual orientation.

However, we may still process all or part of your Sensitive Personal Information as reasonably necessary to perform certain business services, including but not limited to:

• Complete the transaction for which the information was collected, provide a good/service requested by you (or reasonably anticipated within the context of an ongoing business relationship with you), or otherwise perform a contract with you.
• Maintain and service your account and verify your information.
• Process payments, provide financing, or provide similar services.
• Show non-personalized advertisements during your visit(s) to our Sites.
• Verify or maintain the quality or safety of our services or products and to improve, upgrade, or enhance the services or products.
• Detect security incidents or otherwise protect against malicious, deceptive, fraudulent, or illegal activity, up to and including pursuing prosecution of those responsible for the illegal activity.

Right to Opt-Out of Sale/Sharing. California residents have the right to opt-out of the “Sale” of their Personal Information. California defines the term “Sale” broadly to include the selling, renting, releasing, disclosing, disseminating, making available, transferring or otherwise communicating California residents’ Personal Information to another business or third party for monetary or other valuable consideration. Please note that while some of our sharing of Personal Information may be a “Sale” as defined by CCPA, we do not sell consumers’ Personal Information for monetary compensation. California residents may exercise their right to opt-out the Sale of their Personal Information by completing our CCPA rights request form at https://www.marcos.com/data-request-form/ or by emailing us at datainquiry@marcos.com.

Right to Opt-In. We do not sell or share Personal Information about California residents who we know are younger than 16 years old.

Verifiable Requests to Delete, Requests to Correct, and Requests to Know. Subject to certain exceptions, California residents have the right to make the following requests, at no charge, up to twice every 12 months:

Right to Deletion: California residents have the right to request deletion of their Personal Information that we have collected about them, subject to certain exemptions, and to have such Personal Information deleted, except where necessary for any of a list of exempt purposes, including but not limited to: completing a transaction requested by you, detecting and protecting against security incidents, debugging information to identify and repair errors impacting functionality, exercising other rights provided for by law, complying with the California Electronic Communications Privacy Act, engaging in public or peer-reviewed research, complying with a legal obligation, or otherwise internally using your Personal Information in a lawful manner that is compatible with the context in which you provided the information.

Right to Correct Inaccurate Information: California residents have the right to request that we correct any inaccurate Personal Information about them that we have collected.

Right to Know & Access: California residents have the right to request a copy of the specific pieces of Personal Information that we have collected about them and to have this delivered, free of charge, either (a) by mail or (b) electronically in a portable and, to the extent technically feasible, readily useable format that allows the individual to transmit this information to another entity without hindrance.

Right to Know – Right to Information: California residents have the right to request that we provide them certain information about how we have handled their Personal Information, including the:

• Categories of Personal Information collected;
• Categories or sources of Personal Information;
• Business and/or commercial purposes for collecting or selling their Personal Information;
• Categories of third parties/with whom we have disclosed or shared their Personal Information;
• Categories of Personal Information we have disclosed or shared with a third party for a business purpose;
• Categories of third parties to whom the residents’ Personal Information has been sold and the specific categories of Personal Information sold to each category of third party. 

Right to Non-Discrimination, and Incentives. The CCPA prohibits discrimination against California residents for exercising their rights under the CCPA and imposes requirements on any financial incentives offered to California residents related to their Personal Information.

Discrimination: Businesses may not discriminate against residents who exercise their rights under CCPA. Discrimination may exist where a business denies or provides a different level or quality of goods or services, or charges (or suggests that it will charge) different prices or rates or impose penalties on residents who exercise their CCPA rights, unless doing so is reasonably related to the value provided to the business by the residents’ data.

Disclosure of Incentives: If businesses offer any financial incentives for the collection, sale or deletion of California residents’ Personal Information, residents have the right to be notified of any financial incentives offers and their material terms, the right not be included in such offers without prior informed opt-in consent, and the right to be able to opt-out of such offers at any time. Businesses may not offer unjust, unreasonable, coercive, or usurious financial incentives. We do not offer any financial incentives at this time.

Submitting Requests. Requests to exercise your rights may be submitted by California residents on our CCPA rights request form at https://www.marcos.com/data-request-form/, as well as by emailing us at datainquiry@marcos.com. or calling us at 1-833-509-0285. We will respond to verifiable requests received from California consumers as required by law.

We require correct and accurate responses on the form to confirm your identity as the requester and to identify the types of data associated with you that we have retained in our records. Please provide correct and accurate identifying information in the required fields when completing this form. Supplying incorrect or falsified identification data in any of these fields may result in denial, delay, or erroneous processing of your request.

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California residents to request certain information regarding our disclosure of their Personal Information to third parties for marketing purposes. To make such a request, please send an e-mail to datainquiry@marcos.com. or write us at:

Marco’s Franchising, LLC
Attn: Data Privacy
P.O. Box 23210
Toledo, OH 43623