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Franchise Application Privacy Notice

JBM LLC FRANCHISE APPLICATION PRIVACY NOTICE

Effective Date: August 11, 2023

Introduction

JBM LLC and its affiliates (collectively, “Jollibee,” “we,” or “our”) recognize and respect your privacy and are committed to protecting it.  We have developed certain privacy practices to maintain these standards and comply with applicable laws, rules, and regulations.  

This Franchise Application Privacy Policy describes our privacy practices with respect to the personal information we may collect directly from you when you submit a franchise application or provide information to us in connection with the franchise application process.  This Privacy Policy also describes the purposes for which we collect such personal information and how we use or process such information.

This Franchise Application Privacy Policy applies to information we collect from you as part of the franchise application process.  Please review Jollibee’s general Privacy Policy to learn more about our privacy practices applicable to your use of our Online Services (as defined in Jollibee’s Privacy Policy).  This Franchise Application Privacy Policy is incorporated into our Privacy Policy, which applies whenever you use our Online Services. 

Please read this Franchise Application Privacy Policy carefully.  By submitting information to us in connection with the franchise application process, you agree to the terms of this Franchise Application Privacy Policy.  If you do not agree with the terms of this Franchise Application Privacy Policy, please do not submit a franchise application, or provide any other information to us in connection with a franchise application. 

If you are a resident of California, Virginia, Colorado, Connecticut, or Utah, please review the state-specific section below, which applies to visitors, users, and others who reside in such States.       

Information We Collect From Franchise Applicants

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”) from franchise applicants in connection with the franchise application process, for the purpose of evaluating the operational and financial viability of applicants, understanding each applicant’s development interests and business experience, and to verify whether applicants meet our criteria to become franchise partners, all in accordance with our internal policies.  We also collect Sensitive Personal Information from franchise applicants in connection with the franchise application process.  Such Sensitive Personal Information includes information we collect from background checks, credit checks and other information we may obtain during the application process.

We may collect Personal Information from franchise applicants via an Inquiry Form, and if applicable, a Franchise Application Form.  These forms are located on our Franchise Sales Website, which integrates a technology tool, FranConnect.  FranConnect is used to generate the Inquiry Form and Franchise Application Forms, as well as for storage and management of applicant information.

For all Personal Information we collect on franchise applicants, we will retain such information only for so long as necessary to fulfill a legitimate business need or purpose.  For franchise applicants, we will use your personal information as reasonable and necessary to complete the application process.  For franchise applicants that become our franchise partners, we may retain your Personal Information to generate reports and measure key performance indicators (KPIs).  For unsuccessful franchise applicants or franchise partners whose partnership is terminated, we may retain your Personal Information for analytics purposes.  We may also retain Personal Information for as long as reasonably necessary for legal or compliance purposes, or to prevent fraud.

The specific categories of Personal Information we collect from franchise applicants includes:

  • Personal identifiers, such as last name, address, email address, telephone number, date of birth.
  • Citizenship status.
  • Marital status.
  • Spousal information (obtained in circumstances including when applicant’s spouse will also be a franchise applicant, has an ownership interest in the franchise applicant, or has spousal rights in franchise property under applicable state law).
  • Professional history, including information on the applicant’s business experience operating restaurants, information on past business ventures, information on whether the applicant has ever filed for bankruptcy, and litigation history.
  • Information on the franchise applicant’s ownership structure, which may include personal identifiers of other individual owners, operating partners, or managers of the ownership group.
  • Financial statements, bank reference documents, and other general financial information regarding the franchise applicant’s assets, for the purpose of establishing financial and operational viability in accordance with our internal policies.

Further, the specific categories of Sensitive Personal Information we collect from franchise applicants includes:

  • Social Security Number and/or Federal Employer Identification Number for purposes of running background and credit checks and verifying the identity of the applicant, and for tax purposes.
  • Driver’s license information, for purposes of running background and credit checks and verifying the identity of the applicant.
  • Insurance information including Commercial General Liability, Errors & Omissions, Health Insurance, Auto Liability, and Cyber.

Personal Information does not include:

  • Publicly available information.
  • Lawfully obtained, truthful information that is a matter of public concern.
  • Deidentified or aggregated consumer information.
  • Information excluded from the scope of “personal information” or “personal data” under applicable privacy laws.

Selling and Sharing of Personal Information

JOLLIBEE does not “sell” OR “SHARE” (as those terms are defined under the california consumer privacy act of 2018, as amended) Personal Information COLLECTED VIA THE FRANCHISE APPLICATION PROCESS To any third parties and has not sold your Personal Information in the past twelve (12) months. 

We may disclose Personal Information to our trusted service providers, including FranConnect, LLC, who process or receive the information for their operational purposes.  We disclose Personal Information to such service providers for the limited and specified purpose of enabling them to fulfill their service function to us (including, but not limited to, facilitating the processing of your franchise application, and enabling the storage and management of franchise applicant information). 

In addition, we may disclose deidentified or aggregated information (which does not identify you or any other individual) without restriction.  We may also disclose Personal Information to our affiliates, agents, representatives, and franchisees, to be used for any of the purposes indicated at the time we collect such information.  We may also disclose your Personal Information to (1) comply with any court order, law, or legal process, including to respond to any government or regulatory request, and/or (2) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Jollibee, users and visitors of our Website and mobile application, or others.

Data Security

The security, integrity, and confidentiality of your personal information are extremely important to us.  Jollibee has implemented technical and administrative security measures that are designed to protect personal information from unauthorized or illegal access, destruction, disclosure, use, or modification.  Please be aware that, despite our best efforts, no security measures are perfect or impenetrable.

Data Retention

We retain Personal Information only for the length of time as is reasonably necessary and proportionate to achieve the purposes described in this Franchise Application Privacy Policy.  We may also retain Personal Information for other necessary legal purposes such as complying with our legal obligations, resolving disputes, enforcing our agreements, preventing fraud, and other purposes permitted by law.

Children Under the Age of 13

Jollibee does not knowingly collect or solicit Personal Information from children under the age of 13.  If we learn we have collected or received personal information from a child under the age of 13, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at [email protected].

Changes to Our Franchise Application Privacy Policy

Jollibee reserves the right to amend this Franchise Application Privacy Policy at our discretion and at any time.  We may change this policy from time to time.  When we make changes to this Franchise Application Privacy Policy, we will post the updated notice on our Franchise Sales Website and update the notice’s effective date.  Your continued engagement with our franchise application process following the posting of changes is deemed to be acceptance of those changes, so please check the notice periodically for updates.

Contact Information

If you have any questions or comments about this notice, the ways in which Jollibee collects and uses your information, or wish to exercise your privacy rights under applicable law, please do not hesitate to contact us at: [email protected].

STATE PRIVACY RIGHTS

If you are a resident of California, Virginia, Colorado, Connecticut, or Utah, please review our Privacy Policy to learn more about your state-specific privacy rights regarding your Personal Information, and how you can exercise those rights with respect to Personal Information you provide in connection with the franchise application process.  These state privacy rights apply to franchise applicants who reside in such States. Depending on which state you reside in, your rights may include the following:

  • Right to Know/Access. You may request to confirm whether we process your Personal Information and to access such personal data.
  • Right to Deletion. You may request that we delete Personal Information you provide.
  • Right to Correction of Inaccurate Data. You may request that we correct any inaccurate Personal Information about you, taking into account the nature of the Personal Information and the purposes of processing your Personal Information.
  • Right to Data Portability.  You may request to obtain a copy of your Personal Information that you previously provided to us and to receive it in a portable and, to the extent technically feasible, readily usable format that would allow you to transmit the Personal Information to another controller without hindrance, where the processing is carried out by automated means;
  • Right to Opt Out of Sale, Profiling, and Processing for Targeted Advertising. You may have the right to opt out of the processing of your Personal Information for purposes of (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.  
  • Right to Limit the Use and Disclosure of Sensitive Personal Information:  You may have the right to request that we limit the use of your Sensitive Personal Information to only those uses that are necessary to perform the services that you reasonably expect from us.