Effective Date: 10/08/21
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH MAY REQUIRE, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST LA MADELEINE DE CORPS, INC. AND ITS AFFILIATES AND SUBSIDIARIES ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
What kind of information does La Madeleine collect from Users?
Information We Collect Directly From You
You can browse our Sites without registering or submitting Personal Information to us. However, to use our Apps and certain services, you must register with us or otherwise provide us with your name and other information. We may also collect 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 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 We Collect Automatically
We may automatically collect certain information about your use of our Sites and Apps through cookies and other 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; domain name; and referring URL. We may combine this information with other information that we have collected about you.
Most browsers automatically accept Cookies. You have the choice to set your browser to accept or reject Cookies. Each browser is different, so check the “Help” menu of your browser to learn how to change your Cookie preferences. You can also learn more about Cookies at the following websites:
- For Microsoft Internet Explorer: http://www.microsoft.com/info/cookies.mspx;
- For Mozilla Firefox: https://support.mozilla.org/en-US/products/firefox/protect-your-privacy/cookies;
- For Safari: http://support.apple.com/kb/HT1677; and/or http://support.apple.com/kb/HT1677
If you choose to decline Cookies, you may not be able to fully experience the interactive features of our La Madeleine Digital Platforms or programs, features, and services made available. The Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit www.networkadvertising.org to learn more. Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns.
In particular, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), on certain La Madeleine Digital Platforms. Google Analytics collects information such as how often you visit La Madeleine Digital Platforms, what pages you visit, and what other sites you visited prior to coming to our site. We use the information provided by Google Analytics to improve La Madeleine Digital Platforms. For more information regarding how Google collects, uses and shares your information please visit http://www.google.com/policies/privacy/partners/. Google provides users more choice on how their data is collected by Google Analytics by developing an Opt-out Browser Add-on which can be located at: http://tools.google.com/dlpage/gaoptout?hl=en. By installing this Add-on, no information is being sent to Google Analytics.
Use of Personal Information
We use your information that we collect, including Personal Information, for a variety of business purposes, including:
- providing our products and services to you;
- facilitating payments through our mobile applications for in-store purchases;
- facilitating payments through our retail platform for online purchases;
- arranging for shipping of products purchased from our retail site;
- communicating with you regarding our restaurants, products, services, events, promotions, other offers;
- improving, developing and tailoring our products, services, promotions, communications and advertisements to your interests;
- creating and managing your accounts with us;
- administering our promotions and other offers;
- responding to your inquiries, comments, stories, or postings;
- for internal operations such as enhancing our product and service offerings, marketing efforts, and to conduct research and analysis;
- to prevent, detect, and investigate fraud, security breaches, and potentially prohibited or illegal activities.
- to protect the security and integrity of our business.
Sharing and Disclosure of Personal Information
We may share or disclose your information to the following categories of third parties and for the following reasons:
- To third party service providers, agents or independent contractors who help us maintain the La Madeleine Digital Platforms and provide other administrative services to us, such as helping us to manage our marketing distribution lists.
- We may share your Personal Information in the course of any reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
- We may disclose your Personal Information to law enforcement, government agencies, and other related third parties, in order to comply with the law, enforce our policies, or protect our or others’ rights, property or safety.
When you place an order through a La Madeleine Digital Platform, we will retain your personal information for our records unless and until you ask us to erase this information. For more information on your right of erasure, please see the “International Data Transfers” and “Your California Privacy Rights” sections below.
If you are a resident of the EEA, you have the right to object to processing based solely on automated decision-making (which includes profiling), when that decision-making has a legal effect on you or otherwise significantly affects you. We do not engage in fully automated decision-making that has a legal or otherwise significant effect using customer data.
Our third party processor Shopify uses limited automated decision-making to prevent fraud that does not have a legal or otherwise significant effect on you. Services that include elements of automated decision-making include:
We provide you the opportunity to opt-out of marketing communications by clicking the “unsubscribe” link in email communications or by contacting us at the address provided below. We will process your request as soon as possible in accordance with applicable law, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed.
Additionally, we may send you information regarding the La Madeleine Digital Platforms, such as information about changes to our policies and other notices and disclosures required by law. Generally, users cannot opt out of these communications, but they will be primarily informational in nature, rather than promotional.
Plug-ins and Social Media
La Madeleine does not knowingly collect information about children under the age of 13. In the event that we receive actual knowledge that we have collected Personal Information from a child under the age of 13, we will delete that information from our database as quickly as is practical. Please contact us via the Contact Information provided below if you believe we may have collected such information, and we will work to remove it.
We contract with one or more third parties to maintain and host our la Madeleine Digital Platforms. Therefore, any information you submit, including Personal Information, shall be placed and stored on a computer server maintained by this third party. Your use of the La Madeleine Digital Platforms and any provision of Personal Information you submit to the La Madeleine Digital Platforms constitute your acknowledgement that such information or content could pass through and may be stored in servers outside the control of la Madeleine. La Madeleine has no liability or responsibility for any such pass-through or storage of same.
International Data Transfers
If you are a resident of the EEA, you have the right to access the Personal Information we hold about you, to port it to a new service, and to ask that your Personal Information be corrected, updated, or erased. If you would like to exercise these rights, please contact us through the contact information below.
For retail purchases made through Shopify on our La Madeleine Digital Platforms Personal Information will be initially processed in Ireland and then will be transferred outside of Europe for storage and further processing, including to Canada and the United States. For more information on how data transfers comply with the GDPR, see Shopify’s GDPR Whitepaper: https://help.shopify.com/en/manual/your-account/privacy/GDPR.
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personal information collected via the La Madeleine Digital Platforms.
Dispute Resolution and Agreement To Arbitrate
- Us, at 12201 Merit Drive, Suite 900, Dallas, TX 75251, or
- You, at the address we have on file for you.
Both you and we agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
Choice Of Law
How We Respond To “Do Not Track” Signals
At this time our Sites do not recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
Your California Privacy Rights
California residents may request a list of certain third parties to which we have disclosed Personal Information about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response. You may request this information in writing by contacting us at email@example.com. Please allow up to thirty (30) days for a response.
Attn: Guest Relations
12201 Merit Drive, Suite 900
Dallas, TX 75251