Mad Mobile Privacy Policy

Updated on March 3, 2023,

This Privacy Policy (this “Policy”) describes the privacy practices of Mad Mobile, Inc. and its subsidiary companies, including Cake Corporation (“Mad Mobile”, “we”, or “us”), with respect to personal information we collect when users sign up for, use, access or otherwise interact with madmobile.com, cake.net and trycake.com (the “Sites”) as well as any applications, services, programs, and products of Mad Mobile developed from time to time, including point-of-sale (POS) software and hardware services, guest management services, online ordering services, contactless order and pay-at-table functionality, payment facilitation services, and associated mobile applications and social media plugins or websites and applications made available by Mad Mobile to its business customers (“Merchants”) (collectively, the “Services”) and in other settings where we reference this Policy, and how we use, share and store such information. By using the Sites or Services or providing Personal Information to us you consent to the terms of this Policy.

This Policy covers the following persons (“you” or “your”):

• Merchants that have indicated their interest in the Services or are contracted with Mad Mobile to receive the Services;
• Visitors to the Sites;
• Guests or employees of Merchants or any other persons who use the Services or whose personal information is processed using the Services.

This Policy does not describe, and Mad Mobile is not responsible for, the privacy and data processing practices of our Merchants or other third parties, who may maintain separate privacy policies.  If you are a Merchant employee, your employer is responsible for providing any additional required notices or information to you regarding its privacy practices outside of this Policy.

For the purposes of this Policy, “Personal Information” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal data” under applicable data privacy laws, rules, or regulations. Examples of Personal Information are a name, an online identifier, biometric information, a contact address, social media reviews and ratings, device identifiers that can be linked to a particular consumer, and precise Geolocation Data.

We may change this Policy from time to time. If changes are made, notification will happen by posting the updated policy to the Sites or Services. The most current version of this Policy will be effective at the time it is posted. By continuing to access or use the Sites and Services after those changes become effective, you agree to be bound by the revised Policy. If you have a disability, you may access this Policy in an alternative format by contacting [email protected].

This Policy covers the following areas:

I. The Information Mad Mobile Collects and How It is Used

II. How Your Personal Information May Be Shared

III. How Mad Mobile Retains Personal Information

IV. How Mad Mobile Secures Personal Information

V. Cookies and Similar Tracking Technologies

VI. Your Privacy Rights

VII. Region-Specific Disclosures

VIII. How to Contact Us

IX. Amendments 

I. The Information Mad Mobile Collects and How It is Used

A. Information Collected

Mad Mobile collects and uses Personal Information as follows:

Account and Transactional Data

1. Account Information. We ask for and collect Personal Information directly or indirectly (such as through a third party application) in connection with the marketing, registration, creation, or updating of an account with Mad Mobile (“Account Information”), or when you express an interest in using, or use or access, the Sites or Services, including as an agent or employee of a Merchant. This includes information a Merchant or Merchant employee may provide as part of any identity verification process such as name; email address; mailing address; phone number; birthdate; passport, driver’s license, Social Security, Taxpayer Identification, or other government-issued identification; or other historical, contact, demographic or authentication information.
2. Transactional Data. We may collect information about you (“Transactional Data”) when you engage in activities on or related to the Sites or Services, including browsing data (such as the path you take through the Sites or Services, how long you spent on a page, access times, and details about your session as a Merchant guest on an applicable Service), your activities on a social media service (such as the Facebook page of Cake Corporation (“Cake”)) or websites or applications operated by Mad Mobile on behalf of Merchants, you ordering, making a payment for, reserving or reviewing a Merchant’s product or service through the Services (such as booking a guest at a Merchant location), you using a Mad Mobile branded gift card issued by a Merchant, you signing up for emails, mobile messages, or social media notifications via the Sites or Services, you submitting content and/or posting content/reviews in discussion forums, you communicating with Mad Mobile customer service or electronic media platforms, you participating in surveys, focus groups, or contests, or customer referral programs and you signing up for special offers from Merchants or other third parties through the Sites or Services.

Transactional Data may include (a) first and last names, (b) a home or other physical address, including street name and name of city or town, (c) an email address or other online contact information, such as an instant messaging user identifier or a screen name, (d) telephone number, (e) Social Security number, (f) date of birth, (g) photographs, (h) reviews and ratings, (i) information from any social network you may have connected from, (j) a description of transaction and when and where it occurred, and (k) certain financial account or payment details, such as a payment method, a bank account number or a credit card number, expiration date, and authentication codes or related information. We do not collect social insurance numbers from consumers in Canada.

If you are an employee of one of a Merchant we may collect Personal Information about you through your use of the Services, such as your name, email address, mailing address, phone number, and information relating to your role, such as your job title, wage rates and salary and hours worked.

If you are a Merchant guest, we may collect Account Information or Transaction Data directly from you through your use of certain Services, including online ordering, on-premise ordering and payment services, waitlist and reservation services, and other guest services as provided and developed by us from time to time. We may also collect and/or receive your Personal Information when you place an order with, make a purchase from (including gift cards), or otherwise complete a transaction with a Merchant or participate in their respective loyalty or marketing programs. If you are not using Mad Mobile Services, but place an order with, make a purchase from, order delivery from, dine with, or otherwise complete a transaction with one of our Merchants, our Merchant may collect your Personal Information and input such information into Mad Mobile systems, which may include identification information, such as your name, phone number, email, and delivery address. In all cases, the actual Personal Information collected will vary depending on the Services and systems being used by you or the Merchant.

We may use Personal Information for, among other things, enabling Merchants to use our Services and operate their business (e.g., to allow them to complete a transaction, fulfill orders, contact you with updates, advertise and market to you, either directly or through a third party), identity confirmation, enabling Merchants and Merchant employees to access and use the Services, maintenance and improvement of the Services, marketing purposes (such as sending you marketing communications, either directly or through a third party, in relation to the Services that might interest you and enabling Merchants, either directly or through a third party, to advertise their products and services to you), information purposes (such coupon delivery, sending you news and information about the Services, or tracking the success of a referral program), internal operations (improving the effectiveness and security of the business or consumer services of Mad Mobile and its affiliate companies), contacting you to resolve disputes or collect fees, maintaining records for Merchants regarding their employee’s interaction with and use of the Services, and personalizing and facilitating user’s experience with the Services or the services of third parties. In addition, if you use our Services to send information or a product to another person, we may store that information in a form that is personally identifiable. Mad Mobile may also process Personal Information submitted to us in connection with our employment activities, such as in connection with recruitment efforts or candidate evaluations.

You may disclose Personal Information to us so that we can provide assistance and information to you. Where consistent with applicable law we record and store telephone calls and chat transcripts for a period of time when you interact with our customer or technical support personnel, or if you provide us feedback about our Services. We may use Personal Information to deliver information and support you request, troubleshoot issues you are having with the Sites, perform administrative tasks in connection with the Services, contact you, enforce our agreements (including any applicable terms of use, terms of service, or similar agreements and this Policy), investigate, detect or prevent fraud, security breaches and other potentially prohibited or illegal activities, comply with applicable law, regulation, and legal process and cooperate with law enforcement activities, each to the extent permitted by applicable law. Personal Information may also be used in verifying identity, credit investigation, credit eligibility, identity or account verification processes, fraud detection processes, or collection procedures. We may also use Personal Information for any other business purpose stated when collecting such Personal Information or as otherwise set forth in applicable data privacy laws, such as the California Privacy Rights Act of 2020, along with any implementing regulations (the “CPRA“).

Where required by law or where we believe it is necessary, we use the data we collect from you to protect our legal rights and the interests of others. This includes using such data to secure and protect your information and our interests, comply with any applicable legal or regulatory requirements, legal basis including legitimate interests or consent, or other legal obligation, to assist in an investigation, to protect and defend our rights and property, or the rights or safety of third parties, to protect the integrity of our Sites and Services, employees and users, to analyze user patterns to optimize web presentation, to identify and prevent error, negligence, and crime, for audit functions, to enforce our agreements (such as terms of use, terms of sale and this Policy), and to resolve disputes.

Location and Device Information. Mad Mobile may directly or through third parties collect device-specific information about you (and any device associated with your account) including without limitation any GPS-based, Wi-Fi-based, or cell-based location information (“Geolocation Data”), and any other identifier that permits direct identifying, locating, or contacting of the device or user. That information may include the presence of the device, its signal strength and mobile network information, its manufacturer (Apple, Samsung, etc.) and model, software running on the device, unique identifiers such as its Media Access Control (MAC) address, and information about the device’s interaction with the Sites or Services or business services.

Mad Mobile uses this information for various reasons, such as enabling the monitoring of browsing activity and session replays, better understanding our customers and other individuals who access our Sites or Services, promoting the businesses of Mad Mobile, developing more interesting and relevant products and services, and helping Merchants better understand customer behavior. For example, Mad Mobile may share information such as if you visited a Merchant, how long you stayed, how often you return, what sections of the store you visit, and whether you visit other of the Merchant’s locations. To the extent consistent with applicable law Mad Mobile may also combine Personal Information with other information collected in connection with your use of the Sites or Services to facilitate the delivery of marketed messages to you from Merchants or otherwise use for purposes related to the business of Mad Mobile and its parent and subsidiary companies. These marketing messages are optional in Canada; if you do not want to receive them see the section entitled “Optional Use and Disclosure of Your Personal Information (Canada)” below.

Demographic and Profile Information. We may at times request information that is not directly personally identifiable, such as age and annual income, unless it is stored or used in combination with any direct personal identifiers (such as your name or email address). This type of information is primarily used to display more customized content and improve user experience of and promote the Services.

Usage Information. We automatically store information related to the use of the Sites and Services, such as Site pages you viewed, your internet protocol (IP) address, browser type, internet service provider (ISP), referring/exit pages, browsing data such as the path you take through the Sites or Services and how long you spent on a page, platform type, access device, and the date and time of your visit or transaction. We may use this data to administer the Services, analyze trends, anticipate traffic load demands, track user behavior, gather broad demographic information for aggregate use, for session replays and to otherwise provide the Services.

Merchant Biometric Information. For employees or other users acting on behalf of Merchants that use Mad Mobile hardware devices with a biometric or finger scanning device for security and/or workforce management, please see the Biometric Information Use Policy.

Digital Receipts. In connection with the Services, you may receive receipts in connection with order transactions. If you opt to receive receipts via email or text message, Mad Mobile retains any provided email address or phone number and you authorize Mad Mobile to use that address or phone number when sending you receipts in connection with purchases and to automatically send you digital receipts for future purchases you make from Merchants. Digital receipts may contain additional messages, offers, or links that may be of interest to you. If at any time you wish to opt out of receiving automatic digital receipts, please follow the instructions in your digital receipt (if applicable) or contact Mad Mobile at [email protected].

Disclaimer of Information Provided to Third Party Services. In some cases we may allow you access to certain third party services by links or otherwise. Any information you provide to these third party services will not be subject to this Policy. Links accessible via the Services are not intended as an endorsement of or referral to the linked websites. Once you link to another site, you are subject to the privacy and security policies of the new site.

To the extent that Mad Mobile incorporates the Google Places or Maps API product(s) into the Sites or Services, then by using the Sites or Services you agree to be bound by Google’s Terms of Use and the Google privacy policy (currently at http://www.google.com/policies/privacy/), as amended by Google from time to time, which is incorporated herein by reference.

B. Information Collected From Third Parties

Mad Mobile may also collect information about you from third parties, including but not limited to Merchants, publicly available sources, identity verification services, financial institutions, mailing list providers, and credit bureaus. In some cases, where lawful this information may include personally identifiable information such as a taxpayer identification number or other government-issued identification number. To the extent permitted by applicable laws, we may obtain background check reports from public records of criminal convictions and arrest records. We may use your information, including your full name, government-issued identification number, and date of birth, to obtain such reports. Information about you may also be collected from third parties in connection with any credit investigation, credit eligibility, identity or account verification process, fraud detection process, or collection procedure, or as may otherwise be required by applicable law. This includes, without limitation, the receipt and exchange of account or credit-related information with any credit reporting agency or credit bureau, where lawful, and any person or corporation with whom you have had, currently have, or may have a financial relationship, including without limitation past, present, and future places of employment, financial institutions, and personal reporting agencies. If you provide your social network account credentials to us or otherwise sign into the Services through a third party site or service, you understand some content and/or information in those accounts may be transmitted into your account with Mad Mobile.

II. How Your Personal Information May Be Shared

Mad Mobile will share Personal Information with third parties with your consent as well as in the following circumstances:

Affiliates. A Mad Mobile entity may share information it collects with parent and subsidiary companies or affiliate companies that Mad Mobile controls or is controlled by for the purposes outlined herein, including to coordinate the provision of services to Merchant guests and employees and to improve and promote Mad Mobile businesses and services and offer you products and services that may of interest to you. Marketing messages are optional in Canada; if you do not want to receive them see the section entitled “Optional Use and Disclosure of Your Personal Information (Canada)” below.

Merchants. We may share your Personal Information with Merchants for the purposes of providing Services to you, such as facilitating the payment of orders or delivery of services to you,  fulfilling your requests, collecting your feedback and otherwise supporting the business services we provide to Merchants. By using the Services, you give Mad Mobile permission to share Personal Information about you with any of the Merchants. For example, we may share information about you when you are located near a participating Merchant. Note that a Merchant may be part of an affiliated restaurant group and thus information collected through the Services may be shared by a Merchant with other restaurants within its group. This Policy does not describe the practices of Merchants that may receive or collect your Personal Information through the Services. Mad Mobile’s sharing of Personal Information with Merchants may allow Merchants (or any party authorized to act on behalf of Merchants (such as Mad Mobile or a third party)) to market directly to you should they choose to do so. We do not have any responsibility for the actions of Merchants with respect to their use of your Personal Information.

Third Party Service Providers. We may share your Personal Information with third parties to provide, maintain, and improve our Sites and Services, including service providers who access information about you to perform services on our behalf (e.g., fraud prevention, identity verification, and fee collection services), as well as financial institutions, analytics providers, hosting and other technology and communications providers, payments processors, payments card associations (and other entities that are part of the payment process), credit bureaus, partners providing services on Mad Mobile’s behalf, and other entities in connection with the Sites or Services. For example, Mad Mobile may share personal information about you with third parties that provide advertising campaigns, lookalike data modeling and marketing services, contests, special offers, or other events or activities in connection with our business.

To the extent you associate an account managed by third parties such as social media sites (e.g., Facebook and Twitter) with a Mad Mobile account, you authorize Mad Mobile to have access to this information and agree that Mad Mobile may collect, store and use such information in accordance with this Policy.

Aggregate and De-Identified Information. We may aggregate and/or de-identify information collected through the Sites or Services so that such information is not personally identifying under applicable law. We may use and share de-identified or aggregated data for any lawful purpose, including without limitation for research and marketing purposes and may also transfer such data to any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.

 Business Transfers. Mad Mobile may share Personal Information to a subsequent third party owner, co-owner, or operator of one or more of the Services or in connection with, or during the negotiation or due diligence process of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our business. In the event Mad Mobile sells certain of its assets or goes through a structural change, such as a merger, acquisition by another company, bankruptcy, insolvency, or dissolution, Personal Information may be transferred to a third party as part of such event and thereby become subject to the privacy practices of that third party, which may materially different than those of Mad Mobile.

User Generated Content. User generated content posted through the Sites or Services such as service/restaurant reviews, commentary on discussion boards or blogs, and certain social networking preferences (e.g. pages you “Like” or “Recommend”) may be accessible by other consumers and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. Mad Mobile cannot ensure the privacy of any Personal Information included in that user generated content.

Legal Compliance and Special Circumstances

We may disclose Personal Information to third parties if we determine that such disclosure is reasonably necessary to (i) to comply with any applicable law, regulation, legal process or governmental request (e.g., from tax authorities, law enforcement agencies, etc.); (ii) to enforce or comply with our Terms or other applicable agreements or policies; (iii) to protect the rights, reputation or property of Mad Mobile or our consumers or Merchants, or the security or integrity of our Sites or Services; or (iv) to protect Mad Mobile, users of our Sites or Services or the public from harm, fraud, or potentially prohibited or illegal activities. In all cases disclosure is limited to situations where Mad Mobile is permitted to do so under applicable data protection law and regulations.

When we collect Personal Information that may be considered “sensitive” under applicable law, we (or our partners) will request your consent to process such sensitive personal information and we may provide other controls (like an opt-out of certain processing) to the extent required by law. Please note that certain portions of the Sites or Services may require this data for us to fully provide our Sites or Services, so your choice to not provide such information may limit the scope of available offerings. We respect our customers’ rights and heightened privacy interests pertaining to sensitive personal information. As such, we commit to verifying that law enforcement entities follow the laws and procedures in their jurisdictions before we respond to a request for such information. Even when compliant with the laws of the requesting agency’s jurisdiction, we may make reasonable challenges to such requests.

III. How Mad Mobile Retains Personal Information

Mad Mobile will retain Personal Information for so long as it continues to be useful in connection with providing Mad Mobile’s Sites and Services and product offerings and subject to law and this Policy and the Biometric Information Use Policy. We may further retain and use Personal Information as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request; to detect or prevent fraud; to collect fees owed or resolve disputes; to assist with investigations; to enforce our agreements with consumers or Merchants or other applicable agreements or policies; or to take any other actions consistent with or required by applicable law. We may further retain information in an anonymous or aggregated form where that information does not identify you personally.

IV. How Mad Mobile Secures Personal Information

Mad Mobile takes precautions to secure your Personal Information and protect it from loss, theft, unauthorized access, destruction, use, modification and disclosure. Mad Mobile’s security measures may change or be unavailable from time to time and no data transmission over the Internet or any wireless network is 100% secure, so we cannot guarantee the security of Personal Information.

Personal Information of Children Under 16. The Sites and Services are intended for general audiences and is not directed to children. As a general matter, we do not knowingly collect or process personal information from children under the age of 16, unless a lower age is provided or allowed by local law. Where we do knowingly collect or process personal information from children under the age of 16 (or under an age stipulated by local law), we follow all applicable data protection laws.

Non-US residents.  Personal information of non-US residents (such as Canadian residents) may be processed and stored in the United States and may be accessible to the United States government, courts or law enforcement or regulatory agencies through the laws of the United States.

V. Cookies and Similar Tracking Technologies

Cookies and Similar Automatically Collected Information. Mad Mobile and its partners use various technologies to collect information when you use our Sites or Services, including session replay, sending cookies to your device and using web beacons. By using the Sites or Services you consent to the use of such technologies, including cookies, advertising IDs, geolocation, screen capture technology and pixel tags, to collect information about you. These technologies help us personalize your use of our Sites and mobile applications, customize the Services, and mitigate risks and the potential for fraud. These technologies are also used by Mad Mobile and its advertising partners to deliver ads to you based on your interests and online activities. To the extent we use session replay technology, we may collect on a real-time basis information on how you use and navigate the Sites or Services. This may include mouse movements and how you scroll through the Sites or Services. Some of Sites and Services may contain electronic images called “web beacons”. Web beacons are objects embedded in a web page or email which are used to check if a user has accessed content. In addition to allowing us to count how many persons read our messages, web beacons allow us to develop statistical information about the activities and features that most interest our users in order to provide more personalized content.

How We Use Cookies. When you access or use the Sites or Services, our web server may send a cookie to your device. “Cookies” are small data files placed on a device’s hard drive or memory when you interact with a website or view a message. Among other things, cookies support the integrity of our account creation process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity.

We may use cookies to:

• Remember that you have used the Sites or Services before and personalize our content for you and remember your preferences (for example, your choice of language or region).

• Ensure we have enough capacity to accommodate all of our users and that users are finding what they are looking for easily and do not encounter technical errors.

• Collect anonymous statistical information about how you use the Sites or Services (including the length of your web or application session) and the location from which you access the Sites or Services, so that we can improve our services and learn which elements and functions of our services are most popular with our users.
• Helps us and our Merchants to deliver ads or messages that are relevant to you and your interests. We may also share this information with third parties for this purpose. For example, these cookies allow us to identify and send you messages about items you have left in your cart and make other purchasing recommendations.

How We Use Third-Party Cookies. Mad Mobile may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own cookies on your device(s). If you view a web page created by a third party or use an application created by a third party, those third parties may use their own cookies or web beacons that are not subject to Mad Mobile’s control or this Policy. For instance, we use Google Analytics to collect and process certain analytics data.  Google provides some additional privacy options described at www.google.com/policies/privacy/partners/ regarding Google Analytics cookies.  We also use Mixpanel to collect and process certain analytics data.  More information about Mixpanel’s data practices may be found online at http://mixpanel.com/privacy/.  To opt-out of Mixpanel analytics, please go to https://mixpanel.com/optout/ or review the current instructions in the Mixpanel Privacy Policy. In addition, you may connect with us or one of our Sites or Services through social networking websites. Prior to submitting information on a social network website or to third parties, you should familiarize yourself with their privacy policies and practices. We are not responsible for the privacy practices of these third parties. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

Interest-based or Online-Behavioral Advertising. Online-behavioral advertising is automated, customized advertising that is tailored to your preferences and interests based on your online browsing activities over time and across multiple third-party websites and applications. Your preferences and interests are determined from personal information collected about you, whether by us or other parties. You may receive this advertising when using online services, like advertisements in mobile applications or on websites; To stop receiving interest-based advertising from companies who participate in the Digital Advertising Alliance, you can opt-out here. For more information on online-behavioral advertising, go here.

VI. Your Privacy Rights

Individual Rights. Where we process your personal information, you may be entitled to certain rights made available through applicable data protection laws. Some of these rights are explained below. You can reach Mad Mobile with any questions or to exercise your rights via the How to Contact Us section of this Policy. Please also consult the Region-Specific Disclosures section of this Policy, as depending on the applicable data privacy laws in your jurisdiction, you may have the below rights regarding your Personal Information.

• The Right to be Informed. You may have the right to be informed about how we plan to process your personal information. This is the main purpose of this Policy;

• The Right to Deletion or Erasure. You may have the right to have your personal information deleted;

• The Right to Access Your Data. You may have the right to access and receive a copy of your personal information and other supplementary information;

• The Right to Port Your Data. You may have the right to obtain and reuse your personal information for your own purposes across different services and companies;

• The Right to Rectify Your Data. You may have the right to rectify your data if it is inaccurate or needs to be supplemented;

• The Right to Object. You may have the right to object to certain types of processing, including direct marketing;

• The Right to Withdraw Your Consent;

• • Email Marketing Communications. If you wish to withdraw the use of your personal information for email marketing carried out through the Services, you may unsubscribe as directed in marketing emails. You may also reach out to us via the “How to Contact Us” section of this Policy;

• • Telephone or SMS Marketing Communications. If you wish to withdraw the use of your personal information for telemarketing or SMS marketing carried out through the Services, text “Stop” as directed in the marketing text messages. You may also reach out to us via the “How to Contact Us” section of this Policy;

• • Postal Marketing Communications. If you wish to withdraw the use of your personal information for postal marketing, you may reach out to us via the “How to Contact Us” section of this Policy;
  • If a Merchant is sending you marketing and promotional communications, including when you visit a Merchant using Mad Mobile or join a Merchant-specific loyalty program, please follow the instructions within those messages to opt out or reach out to the Merchant directly.

• The Right Not to be Discriminated Against. You may have a right not to be discriminated against for exercising your legal rights. However, a different price, rate, level, quality or selection of goods or services may be offered to you if you opt-out (or stop sharing your data) and such difference is reasonably related to the value provided to us by your data. For more information, see the “Region-Specific Disclosures” sections of this Policy.

• The Right Not to Be Subject to Automated Decision Making or Profiling. You may have the right not to be subject to automated decision making (a decision that is created solely by automated means and without any human intervention) including the automated processing of personal information for the purposes of profiling or of the evaluation of certain things about you that have legal or similar significant effects, as defined by applicable law. You also may have the right to request human involvement, obtain an explanation of the decision, or challenge such decision;
• Right to Lodge a Complaint with a Competent Supervisory Authority. You may have the right to lodge a complaint with a regulatory authority pertaining to our processing of your personal information. For more information, see the “Region-Specific Disclosures” sections of this Policy.

Verifying Requests. To help protect your privacy and maintain security, we will, according to applicable law, take steps to verify your identity before processing certain rights requests, such as granting you access to your personal information or complying with your request. The procedures for identity verification varies depending on the circumstances and the rights request but may include asking you to verify your name, email address, phone number, or other data points maintained by us. If you fail to verify the data points we may be unable to verify you sufficiently to honor your request. If you designate an authorized agent to make a request on your behalf, we may require you to (a) provide the authorized agent written permission to do so and to share such authorization with us when processing a rights request, or (b) verify your own identity directly with us.

Employees of Merchant customers. Employees of  Merchant customers should contact the appropriate person within their employer’s organization to understand, access, change and/or control what employee information is provided by the employer to Mad Mobile so that Mad Mobile may deliver its products and services to the employer under their contract.

Manage your Geolocation Data through your mobile device. Most mobile devices give users the ability to control whether location signals are enabled. Disabling location signals will not allow us to collect your Geolocation Data (by virtue of the location of your mobile device) and may impact the operation of a Service. If you have questions about how to set the location preferences for your device, you can contact your mobile service carrier or your device manufacturer.

VII. Region-Specific Disclosures

Residents of California. This California Consumer Privacy Statement (“Statement”) addresses Personal Information we collect, whether online and offline, and applies solely to individuals that are residents of California and qualify as a “Consumer” under the California Consumer Privacy Act of 2018 (the “CCPA”).  This Statement uses certain terms that have the meaning given to them in the CCPA, as amended by the CPRA. Sections 2-5 of this Statement do not apply to job applicants.

1. Notice of Collection and Use of Personal Information

We may collect (and may have collected during the 12-month period prior to the effective date of this Statement) the following categories of personal information about you:

• Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), internet protocol address, email address, and account name.
• Additional Data Subject to Cal. Civ. Code § 1798.80: signature, physical characteristics or description, education, and financial or health information.
• Protected Classifications: characteristics of protected classifications under California or federal law, such as race, color, national origin, religion, age, sex, gender, medical condition, disability, citizenship status, and military and veteran status.
• Commercial Information: commercial information, products purchased, obtained, or considered, and other purchasing histories or tendencies.
• Online Activity: Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with the Site.
• Geolocation Data
• Employment Information: professional or employment-related information.
• Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

We may use (and may have used during the 12-month period prior to the effective date of this Statement) your Personal Information for the purposes described in this Policy and for the following business or commercial purposes specified in the CCPA:

• Performing services, including maintaining or servicing accounts, providing customer service and otherwise communicating with you or to provide information you have requested, processing or fulfilling orders and transactions, verifying customer information, processing payments, personalizing the services, providing analytics services, or providing similar services.
• Managing our business and for internal operational purposes.
• Marketing and advertising to you.
• For legal, compliance and security-related purposes.
• Undertaking internal research for technological development and demonstration.
• Undertaking activities to verify or maintain the quality or safety of the Services, and to improve, upgrade, or enhance the Services.
• Managing career opportunities with us.

2. Sources of Personal Information

During the 12-month period prior to the effective date of this Statement, we may have obtained personal information about you from the following categories of sources:

• Directly from you, such as when you contact us with a question.
• From your devices, such as when you visit our Sites or Services.
• Your family or friends, such as when they provide us with your contact information so we can send information that may interest you.
• Our affiliates and subsidiaries.
• Service providers.
• Merchants.
• Government entities.

3. Selling or Sharing of Personal Information

We do not sell your personal information in exchange for monetary consideration without your consent.

We may allow certain third parties to collect your personal information via automated technologies on our Site in exchange for non-monetary consideration. We share the categories of personal information listed below for the business and commercial purposes of providing our Services. Please see the Cookies and Similar Tracking Technology section above to learn more about how those third parties’ collect of information. You have the right to opt out of this disclosure of your information, which may be considered a “sale” or “sharing” under California law, as set forth below in Section 5 (California Consumer Rights) of this Statement.

During the 12-month period prior to the effective date of this Statement, we may have sold or shared the following categories of personal information:

• Identifiers
• Commercial Information
• Online Activity
• Inferences

Each of the above categories of information may be disclosed to third parties, which may include our business partners depending on the nature of a user’s interactions. Consumers can exercise their right to opt out of these sales or sharing by Mad Mobile by clicking on our “Do not sell or share my personal information” link at madmobile.com.

We do not knowingly sell or share the personal information of minors under 16 years of age without affirmative authorization if we have actual knowledge of the individual’s age. Any individuals who register for an account who are under 16 years of age are automatically opted out of the sale or sharing of their personal information.

4. Disclosing Personal Information to Third Parties

During the 12-month period prior to the effective date of this Statement, we may have disclosed your personal information with certain categories of third parties and service providers, as described below.

We may have disclosed the following categories of personal information about you listed below for the commercial and business purposes set forth in Section 1 (Notice of Collection and Use of Personal Information) of this Statement to the following categories of third parties:

Category of Personal Information	Category of Third Party
Identifiers	Merchants; Business partners, Service providers; Government entities
Additional Data Subject to Cal. Civ. Code § 1798.80	Merchants and Merchant employees; Business partners, Service providers; Government entities
Protected Classifications	Merchants and Merchant employees; Business partners, Service providers
Commercial Information	Merchants; Business partners, Service providers; Government entities
Online Activity	Merchants; Service providers;
Geolocation Data	Merchants; Business partners; Service providers
Employment Information	Merchants; Service providers
Inferences	Merchants; Business partners; Service providers

5. California Consumer Privacy Rights

Privacy Rights. You have certain choices regarding your personal information, as described below. If you exercise any of these choices and rights, we will not disadvantage you. You will not be denied or charged different prices or rates for goods or services or provided a different level or quality of goods or services.

• Know: You have the right to know what personal information we have collected about you, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you.
• Deletion: You have the right to request that we delete certain personal information we have collected from you, subject to certain exceptions.
• Correct: You have the right to correct inaccurate personal information that we maintain about you.
• Opt-Out of Sale or Share: You have the right to opt out of the sale or sharing of your personal information, by either clicking to “Do Not Sell or Share My Personal Information” links on our Sites or Services. Once we receive and verify your request, we will not sell or share your personal information unless you later allow us to do so. We may ask for your permission to resume sale or sharing of your personal information later, but we will wait at least 12 months before doing so. You may also opt-out of our sharing and selling through certain browser enabled opt-out preference signals, such as the Global Privacy Control. You can learn more about that option here: https://globalprivacycontrol.org/.
• Limit Use and Disclosure of Sensitive Personal Information: In some instances, we may use or disclose your sensitive personal information for certain limited purposes, such as the following: (i) performing our Services; (ii) detecting security incidents; (iii) resisting malicious, deceptive, fraudulent, or illegal actions; (iv) ensuring physical safety; (v) for short-term transient use, including certain non-personalized advertising; (vi) maintaining or servicing accounts, providing customer service, verifying customer information, or providing similar services; and (vii) to verify and maintain the quality or safety of a service or to improve, upgrade or enhance a service or product.
• Shine the Light Request: You also may have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties.

How to Submit a Request. To submit a request to know, delete, or correct, or limit the use of sensitive personal information, contact us at the Mad Mobile’s Privacy Office. To submit a Shine the Light request, please send a written request to the Mad Mobile’s Privacy Office. To opt out of the sale or sharing of your personal information or to limit the use of your sensitive personal information, click the applicable link(s) at the bottom of our Sites or send us an email at [email protected].

Authorized Agents. You may designate an authorized agent to submit requests on your behalf. To submit a request as an authorized agent on behalf of a consumer, please contact us as described in the How to Contact Us section of our Policy.

Verifying Requests. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. If you have an account with us, we may verify your identity by requiring you to sign into your account. If you do not have an account with us and you request access to or deletion of your personal information, we may require you to provide any of the following information: name, email, and phone number or other data points maintained by us sufficient to make sure that you are the consumer we may have collected personal information about or a person who has been duly authorized to make the request. In addition, if you do not have an account and you ask us to provide you with specific pieces of personal information, we will require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If you designate an authorized agent to make an access, deletion or opt-out of sale request on your behalf (a) we may require you to provide the authorized agent written permission to do so, and (b) for access and deletion requests, we may require you to verify your own identity directly with us (as described above).

Additional Information. If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us.

Data Retention. We keep records and personal information for specified periods of time, depending on business needs, privacy interests and the law. As a general matter, Mad Mobile retains your Personal Information for as long as it is reasonably needed to support the Sites or deliver the Services. The retention terms can be longer if we are required to keep Personal Information longer on the basis of applicable law or to administer our business. Where you have the right to request deletion, we will delete your Personal Information in accordance with and upon receipt of written instructions from you to this effect, unless we are legally required to keep it. You may choose to do this in the event you terminate your agreement for the Services. If deletion is not possible, we will de-identify it. If de-identification is not possible then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.

6. Financial Incentives.

Our business involves programs and other offerings that provide financial incentives in exchange for user participation (such as by providing Personal Information). The programs may be provided by us directly to Site visitors or are made available through the Services and managed by Merchants. For example, our Services may enable our Merchants to provide a loyalty program to their guests. Participation in such programs is always optional. To the extent that Mad Mobile is administering such programs on its own behalf we calculate the value of your personal information based on the return on investment or incremental margin generated by us from administering financial incentives and from the use, collection, or retention of your personal information. To the extent that a Merchant is required to provide a notice of financial incentive pursuant to the CCPA, this obligation is the responsibility of the Merchant as part of the set up and administration of its program. Please contact the Merchant with which you have a relationship for information regarding any financial incentives they may offer through the Services or their services.

Residents of Canada. If you are a resident of Canada, your consent to use or share your personal information for the additional marketing purposes identified above is optional and is not required as a condition of obtaining the Services. If you do not want your personal information to be used or shared for these additional purposes, please contact the Mad Mobile Privacy Office at the address set out above.

Residents of Nevada. As a Nevada resident, you have the right to ask certain companies not to sell your personal information in exchange for money under the Nevada’s privacy law, SB260. Consistent with this Policy, we do not engage in such sales for monetary consideration, without your consent.

Residents of Virginia. This portion of our Policy only applies to residents of the state of Virginia after January 1, 2023. This portion of our Policy advises Virginia residents of rights provided in the Virginia Consumer Data Protection Act (the “VCDPA”) and how Virginia residents may exercise those rights. You may exercise any of the rights in this Section by emailing us at [email protected], or by contacting the Mad Mobile Privacy Office. If we refuse to take action regarding your exercise of any of the rights described in this section, you may appeal our refusal to do so by emailing [email protected].

• Rights to Confirm and Access. You have the rights to confirm whether we are processing your personal information and you have the right to access such personal information;
• Right to Correct. You have the right to correct inaccuracies in your personal information, as appropriate given the nature of the personal information and our processing purpose;
• Right to Delete. You have the right to delete personal information provided by or obtained about you;
• Right to Obtain a Copy. You have the right to obtain a copy of your personal information that you provided to us in a portable format, and to the extent technically feasible, a readily usable format that allows you to transmit the data to another data controller, where the processing is carried out by automated means; and/or
• Right to Opt-Out. You have a right to opt-out of our: 1) processing for targeted advertising (whether the information was collected through online trackers or otherwise), 2) selling your personal information, or 3) profiling in a way that produces legal or otherwise significant effects concerning you. Please note that we do not sell personal information for monetary consideration without your consent, but you may opt-out of targeted advertising and certain other online tracking through the practices described in this Policy.

VIII. How to Contact Us

For more information or concerns regarding this Policy or Mad Mobile’s privacy practices please contact Mad Mobile’s Privacy Office at:

Phone: 1.855.696.CAKE

Email: [email protected]

Write: Mad Mobile, Inc., Attn: Mad Mobile Privacy Office, 4050 W Boy Scout Blvd, Tampa, FL 33607

IX. Amendments

We may change this Policy from time to time. The most current version of this Policy will be effective at the time it is posted. By continuing to access or use the Sites or Services after those changes become effective, you agree to be bound by the revised Policy. If you have a registered account, we may notify you of any changes to our Policy via email and/or we may ask you to affirmatively acknowledge and consent to the changes the next time you use our Sites or Services.