This Privacy Policy ("Privacy Policy") describes the information practices of MTY FRANCHISING USA, INC., and its Affiliates, dba LA DIPERIE ("LA DIPERIE") and, as applicable, its affiliates, subsidiaries and related entities including, without limitation, Kahala Management, L.L.C. ("Affiliates"), (LA DIPERIE and its Affiliates are referred to herein, as the context may require, as "we", "us", or "our"). It covers the information that we collect about you, how we use and share this information, and your choices regarding our collection and use. It applies to your access to, and use of, any of our websites, mobile applications, and online services or programs where this Privacy Policy is posted or linked (collectively, "Online Services").
If you do not agree with any term in this Privacy Policy, please do not provide any personal information. However, if you choose not to provide your personal information, you may not be able to, among other things, access particular areas of our website, access and use rewards programs, email clubs, order certificates, obtain franchise information, enter contests, request samples, or send us e-mail. If you have any questions or concerns regarding this Privacy Policy, please contact us via the Contact Information provided at the end of this Privacy Policy.
Please note that residents of certain jurisdictions have additional rights as set forth below in the section titled Additional Information for Certain Jurisdictions.
If you are a California resident, please refer to the Additional Information for California Residents section below for important information about the categories of personal information we collect and disclose, as well as your rights under California privacy laws, including your right to submit a request to opt-out of the sales and sharing of your personal information by us.
The LA DIPERIE franchise system is a restaurant network made up of company-operated, franchised, and licensed LA DIPERIE restaurant businesses. LA DIPERIE franchisees ("Franchised Operators" or "Operators") own and operate their own individual franchised businesses. LA DIPERIE licensees ("Licensees") are granted a license to use LA DIPERIE's trade name and marks in the sale of LA DIPERIE products at LA DIPERIE licensed locations. Franchised Operators and Licensees are independent third parties, and this Privacy Policy does not apply to the privacy practices of any Franchised Operator or Licensee, or to any LA DIPERIE operations outside of the United States. Please see the Franchised Operator and Licensee Online Services section below for more information regarding a Franchised Operator's or Licensee's applicable policies.
This Privacy Policy applies to information, including Personal Information, collected about you by LA DIPERIE and its third-party service providers. As used in this Privacy Policy, "Personal Information" means information that personally identifies you.
LA DIPERIE and its third-party service providers collect information about you from a variety of sources, including information you provide directly to us, and information we collect about you when you interact with us. For example, we and our third-party service providers collect information both directly and indirectly from you when you:
We may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all of the aggregate information; provided that such information does not personally identify you or, if it does, as set forth in this Privacy Policy.
We and our third-party service providers collect Personal Information provided by you or on your behalf, which information may include your:
We do not require you to provide any information related to your racial origin, religious beliefs, or sexual orientation.
When you use the fingerprint login features on your Apple or Android devices, we do not receive your fingerprint data. Your mobile phone's authentication mechanism helps us verify that it is you.
We and our third-party service providers may also collect information, including Personal Information, relating to your purchases from LA DIPERIE locations and our Franchised Operators and Licensees, such as the authorization code of the transaction, payment method, the date and time of the transaction, items purchased, and the purchase price ("Transaction Data").
We and our third-party service providers use tracking technologies such as Traffic Data, Cookies, Web Beacons, and others to automatically collect certain information from you when you use LA DIPERIE Online Services. The following are examples of information we may collect with these technologies:
We use this information to personalize your online experience and for marketing purposes.
Our Online Services tracks and collects your IP address, domain server, type of computer, and type of web browser (collectively, "Traffic Data") for our marketing purposes and to manage and improve LA DIPERIE Online Services.
We also use cookies, which are small text files that are stored on a user's computer and allow websites to remember information about users ("Cookies"). We use Cookies to monitor how our Online Services are used, for marketing purposes, and to help personalize and improve LA DIPERIE Online Services. 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:
If you choose to decline Cookies, you may not be able to fully experience the interactive features of our our Online Services or programs, features, and services made available through any of LA DIPERIE Online Services.
Certain pages on our Online Services and Social Media Pages may contain web beacons (also known as Internet tags, pixel tags, and clear GIFs), which are small bits of code embedded in pages or images on our Online Services and Social Media Pages ("Web Beacons"). We may also include Web Beacons in e-mails we send to you to learn if messages have been opened, acted on, or forwarded. You can disable the ability of Web Beacons to capture such information. Please refer to the "Help" menu of your browser to learn more about Web Beacons and your ability to disable them. You can also adjust your cookies settings through the cookies preference manager widget located at the bottom left of the ladiperie.us website. However, your settings are browser and device specific – so, if you come back to our website from a different device or browser, or you delete cookies on your current browser, you will need to apply these settings again.
We and our third-party service providers may also utilize other tracking technologies. For example, if permitted by applicable law, we may collect "referrers" and various environmental variables. A "referrer" is information the web browser passes along to our or our third-party service provider web servers, which refers to the URL from which you accessed LA DIPERIE Online Services. Environmental variables may include, among other things, the domain from which you access the Internet, the time you accessed our Online Services or Social Media Pages, the type of web browsers and operating system or platform used, the Internet address of the website you left to visit our Online Services or Social Media Pages, the names of the web pages you visit, and the Internet address of the website you visit next. These environmental variables are collected by many websites. We use these technologies for marketing purposes and to optimize user's experience with LA DIPERIE Online Services.
We treat information automatically collected as non-personally identifying information. Such information may be combined with your Personal Information so that we can improve and customize our Online Services and our communications and Promotions. To the extent that information automatically collected is combined with Personal Information, we treat the combined information as Personal Information for the purposes of this Privacy Policy.
You may encounter tracking technologies/cookies from our third party service providers that we have allowed on our LA DIPERIE Online Services. We do not control the tracking technologies used by third party providers as detailed herein.
We may target and track the videos you view on LA DIPERIE Online Services. You consent to our tracking of your video viewing through the our Online Services or third party social media for up to two years or as permitted by applicable law or until you withdraw consent.
We use Google Analytics, a web analytics service provided by Google, Inc. ("Google"), on certain LA DIPERIE Online Services. Google Analytics collects information such as how often you visit LA DIPERIE Online Services, what pages you visit within LA DIPERIE Online Services, and what other sites you visited prior to coming to the applicable LA DIPERIE Online Service. We use the information provided by Google Analytics to improve LA DIPERIE Online Services. 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.
At this time, there is no worldwide uniform or consistent industry standard or definition for responding to, processing, or communicating Do Not Track signals. Thus, our Online Services are unable to respond to Do Not Track Signals. We do not, however, currently track your Personal Information over time and across third-party websites.
LA DIPERIE does not allow third parties to collect Personal Information about your online activities when you use our Online Services for such third party use. We do use third party web analytics services on LA DIPERIE Online Services, such as Google Analytics, to help us obtain and analyze information about your browsing or usage habits but this information does not include Personal Information other than your IP address.
In addition to the information described above, we and our third-party service providers may collect additional information when you utilize any of our mobile applications, including for example, the type of mobile device you use, the temporary or persistent unique device identifiers (sometimes called UDID), the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use our mobile applications.
If you utilize any of the location-based services in our mobile applications, such as the fine a location function, we and our third-party service providers may collect, use, and share location data, including the real-time geographic location of your device. We use such information to provide and improve location-based products and services. You may opt-out from further allowing us to have access to your location data by adjusting the permissions in your mobile device.
We use your information that we collect, including Personal Information, for a variety of business purposes, including for example:
We may share and disclose your Personal Information under the following circumstances:
our Online Services and Social Media Pages may allow users to post messages and submit their own content (e.g., stories, comments, blogs, postings, etc.), which may include Personal Information. You are responsible for all actions resulting from any information, including Personal Information, which you post on our Online Services or Social Media Pages. Please remember that any information you post becomes public information, is not subject to this Privacy Policy, and LA DIPERIE is not responsible for the results of such postings.
If you complete an application for a franchise opportunity with LA DIPERIE, or express interest or otherwise request information about franchise opportunities, we collect Personal Information that you provide in connection with your request for information and/or to evaluate your application for a franchise restaurant business opportunity. We may also collect Personal Information about you from third parties to supplement, update, or verify your information, and/or to process your application for consideration as a Franchised Operator. Applicable law may require that you authorize a third party to share your Personal Information with us before we can acquire it. Failure to provide any requested information may negatively impact consideration of your application to become a Franchised Operator. By expressing interest in becoming and/or applying to become a Franchised Operator, you consent to our collection, use, and disclosure of your Personal Information in this manner.
If you complete an application for employment with us, or request information regarding such opportunities, we collect Personal Information that you provide in connection with your request for information and/or to evaluate your application for employment with us. We may also collect Personal Information about you from third parties to supplement, update, or verify your information, and/or to process your application for consideration as our employee. Applicable law may require that you authorize a third party to share your Personal Information with us before we can acquire it. Failure to provide any requested information may negatively impact consideration of your employment application. By applying to become an employee of ours you consent to our collection, use, and disclosure of your Personal Information in this manner.
We provide you with the opportunity to update and/or delete certain information and to opt-out of having your Personal Information used or disclosed for certain purposes. For example, you may
You may exercise your choices by contacting us via the Contact Information provided at the end of this Privacy Policy, or following instructions provided in communications sent to you.
Because we plan our communications in advance, it may take several weeks for your request to become effective. If you continue to receive our communications after expressing an opt-out preference, please let us know so that we can investigate the situation.
We do not knowingly collect Personal Information online from children under the age of 13 without parental or guardian consent. Please contact us via the Contact Information provided below if you believe we may have collected such information without parental or guardian consent or other than in a manner authorized by law, and we will work to delete it. We or our Affiliates may need to access and use your child's personal information in order to respond to a service request, prevent fraud, or assist us in the management and improvement of our LA DIPERIE Online Services. We encourage parents of children under 13 to regularly check and monitor their children's use of e-mail and other activities online.
We seek to keep your Personal Information secure and implement reasonable technical, administrative, and physical safeguards to help us protect such information from unauthorized access, use, and disclosure. If we collect or transmit sensitive information such as a credit card number, we use industry standard methods to protect that information. We also request that our third-party service providers use commercially reasonable security measures to protect your information from unauthorized access or use. However, no method of electronically transmitting or storing data is ever completely secure, and therefore, we cannot guarantee that your information will never be accessed, used, or disclosed in a manner that is inconsistent with this Privacy Policy.
Our Online Services and our communications (including e-mails) may contain links to other third-party websites, including, without limitation, the websites of Franchised Operators and Licensees, and social media platforms such as Facebook, Twitter, or Foursquare (such third-party websites and social media platforms are collectively referred to herein as "Linked Sites"). We are not responsible for the privacy practices, policies, or content of any Linked Sites, even if you link to them from our Online Services or our communications. This Privacy Policy does not apply to any Linked Sites. We have no control over the collection or use of information, including Personal Information, on any Linked Site. We encourage you to read and understand the privacy policies of any Linked Sites that you visit.
LA DIPERIE Franchised Operators and Licensees are independent third parties and may own, operate, and maintain a website, mobile application, social media page, or other online service for his, her, or its franchised or licensed restaurant business ("Franchised Operator or Licensee Online Services"). This Privacy Policy does not apply to the privacy practices of any Franchised Operator or Licensee. Therefore, you should carefully review the privacy policy of each Franchised Operator or Licensee Online Services that you visit. Questions or concerns regarding any Franchised Operator or Licensee Online Services should be directed to the applicable Franchised Operator or Licensee.
We may, subject to certain terms and conditions, allow a Franchised Operator or Licensee to link to LA DIPERIE Online Services. LA DIPERIE, however, is not responsible or liable for any Franchised Operator or Licensee Online Services, even if it is linked to this Site, or for any Franchised Operator's or Licensee's online conduct and privacy practices.
"Phishing" is a scam designed to steal your Personal Information. If you receive an e-mail that looks like it is from us asking you for your Personal Information which you suspect may be a scam, please notify us as provided in the Contact Information section included at the end of this Privacy Policy.
We may transfer the personal information we collect about you to countries other than the country in which the information originally was collected. The data protection and other laws of such other countries might not be as comprehensive as those in your country. By providing your information, you understand that it may be transferred to our facilities and to those third parties with whom we share it as described in this Privacy Policy.
We may revise this Privacy Policy from time to time effective upon posting the revised Privacy Policy, along with the date on which it was most recently updated, on LA DIPERIE Online Services. Please check our Privacy Policy periodically to see if it has been updated. If a change to this Privacy Policy materially affects the use or disclosure of your Personal Information, a notice will be posted at www.LA DIPERIE.com along with a link to the updated Privacy Policy. Your continued use of our Online Services and/or provision of your information thereafter constitute your acceptance of such changes. Please contact us as described below if you would like information regarding any changes.
Residents of Virginia, Colorado, Connecticut, and Utah have additional rights under applicable privacy laws, subject to certain limitations:
You may submit a request to exercise most of your privacy rights under U.S. state privacy laws online using our webform. To opt-out of targeted advertising by us, you can adjust your cookies settings through our cookies preference manager (see the Section titled, Information Collected Automatically above for further information). We will respond to your request as required under the applicable privacy law(s). If we deny your request, you may appeal our decision by submitting another webform request.
This section supplements the information contained in our Privacy Policy above and provides, in general, our policies and practices under the California Consumer Privacy Act (“CCPA”). This section applies solely to individuals who reside in California (“consumers” or “you”). If you do not reside in California, this section does not apply to you. All terms defined by the CCPA have the same meaning when used here. This section does not address or apply to our handling of publicly available information made lawfully available by state or federal governments or other personal information that is subject to an exemption under the CCPA.
This section was last updated: July 1, 2023
We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with particular California consumers, households, or devices (“Personal Information”). Our collection and handling of Personal Information varies with our relationship and interactions with You. For example, we may collect different categories of Personal Information from customers, potential customers, employees, employee applicants, other workforce members, and potential franchisees.
| Categories of Personal Information Collected | Categories of Third Party Disclosures | |
|---|---|---|
| Identifiers | Includes direct identifiers, such as a real name, alias, address, unique personal identifier, online identifier, rewards program identifier, IP address, email address, account name, or other similar identifiers |
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| Customer Records | Includes paper and electronic customer records containing personal information, such as name, signature, physical characteristics or description, address, telephone number, education, current employment, employment history, bank account number, credit card number, debit card number, or any other financial or payment information. |
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| Commercial Information | Includes records of personal property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies. |
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| Internet and Electronic Network Activity Information | Including, but not limited to, browsing history, clickstream data, search history, and information regarding a resident’s interaction with an internet website, application, or advertisement, including access logs and other usage data related to your use of any company websites, applications or other online services. |
|
| Location Data | Location information about a particular individual or device. |
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| Audio, Visual and Other Electronic Data | Includes audio, electronic, visual, thermal, olfactory, or similar information such as, CCTV footage, photographs, and call recordings. |
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| Professional Information | Includes professional or employment-related information. |
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| Education Information | Includes education information that is not publicly available personally identifiable information as defined in the federal Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99). |
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| Profiles and Inferences | Includes inferences drawn from personal information to create a profile reflecting a resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes. |
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| Protected Classifications | Includes characteristics of protected classifications under California or federal law, such as race, sex, age, disability or veteran status. (Note: any such information is collected subject to applicable law and, generally, on a voluntary basis.) |
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The CCPA defines a "sale" as disclosing or making available Personal Information to a third party in exchange for monetary or other valuable consideration, and “sharing” broadly as disclosing or making available personal information to a third party for purposes of cross-context behavioral advertising. While we do not disclose Personal Information to third parties in exchange for monetary compensation from such third parties, we may “sell” or “share” the following categories of Personal Information in order to receive certain services, information, or benefits from third parties: identifiers; customer records; commercial information; internet or other electronic network activity information; and inferences. We share these categories with third-party advertising networks, social networks, data analytics providers, and franchise owners (such as when we allow third-party tags to collect browsing history and other information on our websites to improve and measure our ad campaigns).
We do not sell or share sensitive Personal Information as that term is defined by the CCPA (“Sensitive Personal Information”), nor do we sell or share any Personal Information about individuals who we know are under sixteen (16) years old.
We may collect the Personal Information identified in the categories above from the following sources:
We may use the Personal Information that we collect for the following business or commercial purposes and as otherwise directed or consented to by you:
We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes from those listed above without providing you notice.
Our use of your Personal Information may vary depending on whether you are a customer, potential customer, employee, employee applicant, or potential franchisee.
We only use and disclose Sensitive Personal Information as reasonably necessary: (i) to perform our services requested by you, (ii) to help ensure security and integrity, including to prevent, detect, and investigate security incidents, (iii) to detect, prevent and respond to malicious, fraudulent, deceptive, or illegal conduct, (iv) to verify or maintain the quality and safety of our services, (v) for compliance with our legal obligations, (vi) to our service providers who perform services on our behalf, and (vii) for purposes other than inferring characteristics about you. We do not use or disclose your Sensitive Personal Information other than as authorized pursuant to section 7027 of the CCPA regulations (Cal. Code. Regs., tit. 11, § 7027(m)).
We retain the Personal Information we collect only as reasonably necessary for the purposes described above or otherwise disclosed to you at the time of collection.
In general, if you are a California resident you have the following rights under the CCPA:
We will delete or deidentify Personal Information not subject to one of these exceptions from our records and will direct our service providers and contractors to take similar action.
The CCPA allows us to offer certain financial incentives for providing us with your Personal Information that can result in different prices or rates for our goods or services. Any financial incentive we offer will reasonably relate to your Personal Information’s value. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. If we provide a financial incentive, we will provide you with the details here, including how the incentive is related to your data before you participate so that you may make an informed decision about whether and how to participate. However, if you choose to opt-out, do not provide certain necessary Personal Information, or request that we delete this Personal Information, we will not be able to administer the program and provide you with the financial incentive.
You may submit requests on your own behalf or have your legally authorized agent do so for you by:
When you submit your request, you must provide us with enough detail so that we can verify you are the person about whom we collected Personal Information (or that you are a legally authorized representative), and also understand, evaluate, and respond to your request. At a minimum, we need the following information:
You may opt out of most third-party tags and cookies on our website using our cookie preference manager, by adjusting the settings in your browser (i.e., disabling cookies), or by clicking the “Do Not Sell or Share My Personal Information” link located at the bottom of the ladiperie.us website. Your settings are browser and device specific—so, if you come back to our website from a different device or browser, or you delete cookies on your current browser, you will need to apply these settings again. In addition, our website responds to global privacy control—or “GPC”—signals, which means that if we detect that your browser is communicating a GPC signal, we will process that as a request to opt that particular browser and device out of sales and sharing (i.e., via cookies and tracking tools) on our website. Note that if you come back to our website from a different device or use a different browser on the same device, you will need to opt out (or set GPC for) that browser and device as well. More information about GPC is available at: https://globalprivacycontrol.org/.
We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation of your request with the 10-day timeframe, please contact us at the toll-free number provided above or by using our webform.
When you submit a request to know/access, delete, or correct, we will take steps to verify your identity and the request by matching the information you provide with the information we have in our records. We may send an email to the email address that we have in our records asking you to verify that you made the request. We may also require additional information from you that is necessary to verify and respond to your request and you must provide us with all information that we request. You can provide us this information either through our toll-free telephone number or the webform provided above. We work to respond to a verifiable consumer request within forty-five (45) days of receiving it. If we require more time (up to ninety (90) days in total), we will inform you of the reason and the extension period in writing.
If we verify your request to know/access, we will provide you a report responding to your specific request, subject to the exceptions provided for in the CCPA. This report will include any Personal Information that our service providers or contractors have collected about your pursuant to their contractual obligations to us.
If we verify your request to delete, we will delete, and instruct our service providers, contractors, and all third parties with whom we have shared your Personal Information to delete, any Personal Information we have collected about you, subject to the exceptions provided for in the CCPA.
If we verify your request to correct, we will correct, and instruct our service providers and contractors to correct, the incorrect Personal Information at issue, subject to the exceptions provided for in the CCPA.
We will inform you if we cannot verify your request. If we cannot verify your request, the CCPA prohibits us from deleting, correcting, or providing you any information regarding what Personal Information we may have collected.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded and as permitted under the CCPA. If we determine that the request warrants a fee that is permitted under the CCPA, we will tell you why we made that decision and provide you with a cost estimate before completing your request. We accept requests from authorized agents of California residents. If you are an authorized agent, we may require additional information and documentation, such as a valid power of attorney or written and signed authorization from the consumer. We may also require a valid email address for the consumer so that we can directly confirm the request and your authorization.
Under California’s "Shine the Light" law, California residents who provide us their personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we may from time-to-time share with third parties for their own direct marketing use; such requests may be made once per calendar year for information about any relevant third party sharing in the prior calendar year. If you are a California resident and would like to make such a request, please submit your request in writing at customerservice@kahalamgmt.com, using the subject line "California Privacy Information." In your request, please attest to the fact that you are a California resident and provide a current California address. We will reply to valid requests by sending a response to the email address from which you submitted your request. Our response to you will be limited to information on covered sharing and the relevant details required by the Shine the Light law.
We reserve the right to amend this privacy policy at our discretion and at any time. When we make changes to this privacy policy, we will post the updated policy on our website or mobile application and update the policy’s effective date. Your continued use of our website or mobile application following the posting of changes constitutes your acceptance of such changes.
We welcome your questions and comments about privacy. If you would like to contact us, or if you need to access this policy in and alternative format due to having a disability, please send us an e-mail at customerservice@kahalamgmt.com, or contact us at:
If you have any questions about this Privacy Policy or our use of your Personal Information, please contact us in any of the ways set forth below.
Address:
LA DIPERIE
9311 E. Via de Ventura
Scottsdale, AZ 85258
Attn: Marketing Manager
customerservice@kahalamgmt.com
Via the web:
https://www.ladiperie.us
Phone:
866-452-4252
Effective: January 2018
© 2018 MTY FRANCHISING USA, INC. All rights reserved.