California Privacy Policy

Last Revised on: 1/1/2020

This Privacy Policy for California Residents (“California Privacy Policy”) supplements the information contained in the winmarkfranchises.com primary privacy policy. Winmark Corporation (“we,” “us,” “our” or “Winmark”) has adopted this California Privacy Policy in accordance with the notice requirements under the California Consumer Privacy Act of 2018, as amended (“CCPA”), and any terms defined in the CCPA have the same meaning when used in this California Privacy Policy.

This California Privacy Policy is parallel in scope to our privacy policy.

Definitions Specific to this Policy

The CCPA includes definitions for terms specific to this California Privacy Policy that do not apply to the privacy policy on the winmarkfranchises.com website, including the following terms:

“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include publicly available information obtained from government records; deidentified or aggregated consumer information that cannot be reconstructed to identify you; any information covered under the Gramm-Leach-Bliley Act or the California Financial Information Privacy Act, activities covered by the Fair Credit Reporting Act, or protected health information as defined under the Health Insurance Portability and Accountability Act.

“Sale” or “sell” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration.

“Service Provider” means a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that processes information on behalf of a business and to which the business discloses a consumer’s Personal Information for a business purpose pursuant to a written contract.

“Third Party” means a person or entity who is not a business that collects Personal Information from consumers, as defined in the CCPA, and to whom the business discloses a consumer’s Personal Information for a business purpose pursuant to a written contract.

The Personal Information We Collect and Disclose

The chart below shows the categories of Personal Information we may collect; examples of the type of Personal Information in each category; all types of sources from which each category of Personal Information is collected; the business purpose(s) for which that category of Personal Information is collected; and all types of third parties with whom that category of Personal Information is shared. As this chart shows, we may disclose certain Personal Information to third parties for a business purpose. This information covers the past 12 months.

Categories of Personal Information	Examples:	Types of Sources from which this Category of Personal Information Is Collected	Business Purpose(s) for Collection	Types of Third Parties with Whom this Category of Personal Information Is Sold and/or Disclosed
Unique identifiers	Name, signature, address, telephone, email, account name, online identifier, IP address	Directly from you when filling out our short form lead or our long form application online.	To begin communications and discussions with you regarding your fit as a potential franchise candidate for one of our brands.	Third party analytics providers, IT providers
Financial Information	We collect salary, assets, liabilities, net worth, monthly income and monthly expense information	Directly from you when filling out our long form application online.	To begin communications and discussions with you regarding your fit as a potential franchise candidate for one of our brands.	Third party analytics providers, IT providers
Protected class data	Characteristics of protected classifications under California or federal law, including: race, ancestry, national origin, age (40 years or older), marital status, sex, sexual orientation, medical condition, disability, genetics, and veteran or military status	We collect information on date of birth and spousal status directly from you when filling out our long form application online.	To begin communications and discussions with you regarding your fit as a potential franchise candidate for one of our brands.	Third party analytics providers, IT providers
Employment information	Professional or employment-related information	Directly from you when filling out our long form application online.	To begin communications and discussions with you regarding your fit as a potential franchise candidate for one of our brands.	Third party analytics providers, IT providers
Education Information	Education information such as name of college and degree earned	Directly from you when filling out our long form application online	To begin communications and discussions with you regarding your fit as a potential franchise candidate for one of our brands.	Third party analytics providers, IT providers

We will not collect a category of Personal Information not listed above, or use any Personal Information collected in any of the above categories for a business purpose not listed above, without first providing you with notice.

You have the right to request certain information regarding the Personal Information we have collected about you in the preceding 12 months. You may make such a request up to twice in a 12-month span. Please note that there are circumstances in which we may not be able to comply with your request pursuant to the CCPA, including when we cannot verify your request and/or when there is a conflict with our own obligations to comply with other legal or regulatory requirements. We will notify you following submission of your request if this is the case.

If you would like to request the specific pieces of Personal Information we collected about you, click here or call 800-269-4073. The link will take you to an interactive webform that you can complete and submit to make a request for information that we will then verify; if you use the telephone number, you will be guided through a process that will allow you to submit a verifiable request.
If you would like to request (1) the categories of Personal Information collected about you; (2) the categories of Personal Information sold; (3) the categories of third parties to whom the information was sold; and (4) the categories of Personal Information that were disclosed for a business purpose, click here or call 800-269-4073. The link will take you to an interactive webform that you can complete and submit to make a request for information that we will then verify; if you use the telephone number, you will be guided through a process that will allow you to submit a verifiable request.

Verification Process

We will ask you to provide your name (first and last), email address, telephone number and describe your most recent interaction on the winmarkfranchises.com website or with Winmark Corporation.

Non-Discrimination

We will not discriminate against you if you exercise any of the rights provided by the CCPA set forth in this California Privacy Policy. Please note that a legitimate denial of a request for information, deletion, or to opt-out is not discriminatory, nor is charging a fee for excessive or repetitive consumer requests as permitted by the CCPA.

Deletion of Your Personal Information

You have the right to request that we delete certain Personal Information that we have collected. Please note that there are circumstances in which we may not be able to comply with your request pursuant to the CCPA, including when we cannot verify your request and/or when there is a conflict with our own obligations to comply with other legal or regulatory requirements. We will notify you following submission of your request if this is the case.

If you would like to request that we delete your Personal Information pursuant to the requirements of the CCPA, click here or call 800-269-4073. The link will take you to an interactive webform that you can complete and submit to make a request for deletion that we will then verify; if you use the telephone number, you will be guided through a process that will allow you to submit a verifiable request.

Authorized Agents

You may designate an authorized agent to exercise your rights under the CCPA on your behalf.

Pursuant to the CCPA:

Only a business entity or natural person registered with the California Secretary of State may act as an authorized agent.
You must provide the authorized agent written permission to exercise your rights under the CCPA on your behalf.
We may deny a request from an authorized agent on your behalf if the authorized agent does not submit proof that he, she, or it has been authorized by you to act on your behalf if we request such proof, as permitted by the CCPA.
Even if you use an authorized agent to exercise your rights under the CCPA on your behalf, pursuant to the CCPA we may still require that you verify your own identity directly to us. This provision does not apply if you have provided a power of attorney under California Probate Code sections 4000 to 4465.

Right to Opt-Out

You have the right to request that we do not sell Personal Information that we have collected. If you exercise that right, please note that pursuant to the CCPA we may have to subsequently inform you that you need to opt-in if the sale of your Personal Information is required to complete a transaction you have initiated. If opting-in is required, we will provide you with the necessary instructions.

If you would like to request that we do not sell your Personal Information pursuant to the requirements of the CCPA, click here or call 800-269-4073. The link will take you to an interactive webform that you can complete and submit to make a request for deletion; if you use the telephone number, you will be guided through a process that will allow you to submit a request.
You may also submit a request to opt-out by email at privacy@winmarkcorporation.com
If you use an authorized agent to submit your request to opt-out, we will request that the agent provide us with proof that he, she, or it has been authorized by you to act on your behalf. The CCPA requires you to provide the authorized agent written permission to exercise your rights under the CCPA.

If you opt-out of the sale of your Personal Information, we will wait at least 12 months before asking you if we may sell your Personal Information.

Additional Information

If you would like additional information regarding our California Privacy Policy, please email us at privacy@winmarkcorporation.com.

Additional California Privacy Rights

California Civil Code Section § 1798.83 permits users of our web site that are California residents to request certain information regarding our disclosure of personal information to other parties for their direct marketing purposes. To make such a request, please send an email to privacy@winmarkcorporation.com with the subject “Shine the Light Request.”

You may view our main privacy policy here or contact us at or privacy@winmarkcorporation.com with any questions.

Changes to Our California Privacy Policy

Winmark reserves the right to amend this California Privacy Policy at our discretion and at any time. When we make changes to this California Privacy Policy, we will post an updated notice on our website with the effective date.

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