Privacy Policy

PRIVACY POLICY
Effective as of April 6, 2024 (the "Effective Date")

Your privacy is very important to us. You have arrived at a website, mobile app or other service provided by Just Between Friends Franchise System Inc. (“Company,”).  Company is a franchisor of the children’s and maternity consignment sales business known as Just Between Friends and licenses to independent franchisees the rights to use the Company’s brand and systems in hosting Just Between Friends Consignment Sales Events (each, a "Sale" or collectively, "Sales").  Each Sale is owned and operated by an independent franchisee pursuant to a franchise with the Company.  The Company and its franchisees together will be referred to herein as “JBF,” “we,” “us,” or “our.”

JBF has created this privacy statement in order to demonstrate our commitment to your privacy, and this "Privacy Policy" governs your use of the Just Between Friends brand of websites (including both mobile and online versions), including the Company's primary website (www.jbfsale.com) and the websites or pages maintained by the Company's independent franchisees, along with any interactive features, mobile applications and/or other services that we make available through a site, social media page, or communication that posts a link to this Privacy Policy (each, a "Service"). This Privacy Policy also applies to personal data JBF may collect from you at or in connection with our Sales, via emails or phone calls, or in any other instance when you contact JBF.

This Privacy Policy describes what personal data we collect about you, why we collect it, how we use it, and under what circumstances we may share it with third parties. This Privacy Policy also describes the choices you can make about how we use your information.  We want you to fully understand our privacy practices. We reserve the right to modify this Policy at any time, and we will notify you of any material changes to the Policy by posting the modified Policy at http://www.jbfsale.com and changing the Effective Date at the top. We encourage you to check this page periodically for any changes. This Policy is incorporated into, and subject to, the terms of JBF's Terms and Conditions. By using our Services or Sales, you acknowledge that you have read, understand, and agree to be bound by this Policy or any modified Policy as posted. If you do not agree to these terms, please do not use or visit the Services.

A. COLLECTION OF INFORMATION

Information You Provide to Us

We do not collect personally identifiable information except where you specifically provide us with such information. We may collect your full name, email address, street address, telephone number, and other contact information. We generally collect this personal information on our registration and order forms when you sign up to receive products or services or to attend Sales or other events through our Services. When you provide information to a franchisee, you are providing information to Company. We may collect this information from you at various times and places, such as when you:

• Make a purchase through the Service or at a Sale;
• Submit consignor or shopper registration forms or otherwise save your information with us on our Service or at a Sale;
• Sign up or request to be placed on our mailing, SMS text and/or email marketing lists;
• Sign up for a loyalty program;
• Participate in a survey or Promotion;
• Contact us regarding a question or concern such as when you make inquiries concerning our Sales, merchandise, or services;
• Submit an application to provide services as a Team Member
• Interact with us through a social media platform
• Interact with us when you have an active social media account

Information We Collect When You Use a Service
In addition to information that you choose to submit to us, we automatically receive and store certain information when you visit or interact with the Service ("Usage Information"). Usage Information is stored on and accessed from your personal computer, laptop, tablet, mobile phone or other device (a "Device") whenever you visit or interact with our Service. Usage Information includes:

• your IP address, UDID or other unique identifier ("Device Identifier"); A Device Identifier is a number that is automatically assigned to your Device used to access the Service, and our computers identify your Device by its Device Identifier;
• the areas within our Service that you visit and your activities there, including remembering you and your preferences;
• your Device location;
• your Device characteristics; and
• other Device data, including the time of day you visit our Service.
• Your social media user id
• Your url history

We use various methods and technologies to store or collect Usage Information ("Tracking Technologies"). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies used on the Service, include, without limitation, the following (and subsequent technology and methods later developed):

• Cookies.
  • We and our partners use cookie technology to enhance your online experience by making it easier for you to navigate through our Services or make a feature work better. "Cookies" are pieces of information (actually, alphanumeric identifiers) generated by web servers and stored in your computer for future access. Our Service may use HTTP cookies, HTML5 cookies, Flash cookies and other types of cookie technology to store information on local storage. Cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some (but not all) instances can be blocked by selecting certain settings. Each browser you use will need to be set separately and different browsers offer different functionality and options. The "help" portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that these tools may not be effective with regard to Flash cookies or HTML5 cookies. For information on disabling Flash cookies, visit www.adobe.com. Please understand that if you disable or remove any type of cookie, some parts of our Service may not function properly, and that when you revisit our Service your ability to limit cookies is subject to your browser settings and limitations. For information on disabling Meta Pixels (Facebook/Instagram), refer to Meta's terms and conditions.
• Web Beacons.
  • A Web Beacon is a small tag (which may be invisible to you) that may be placed on our Service's pages and messages. Web beacons may be used by us for a number of purposes, including to count visitors to the Service, to monitor how users navigate the Service, to count how many emails that were sent by us were actually opened or to count how many particular links were actually viewed.
• Embedded Scripts.
  • An embedded script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on within our Service. The code is temporarily downloaded onto your Device from our web server or one of our third party service providers, is active only while you are connected to the Service, and is deactivated or deleted thereafter.
• ETag, or entity tag.
  • An Etag or entity tag is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash and/or HTML5 cookies.
• Browser Fingerprinting.
  • Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other similar data, for purposes of identification.
• Recognition Technologies.
  • Technologies, including application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).

We use the above Tracking Technologies (or ones we incorporate in the future):

• to allow you to use and access the Service;
• for the prevention of fraudulent activity and improved security functionality;
• to allow you to make use of shopping cart functionality;
• to assess the performance of the Service, as part of our analytic practices and to improve the content, products or services offered through the Service;
• to identify you when you visit or sign-in to our Service;
• to keep track of your specified preferences and to track your online activities over time and across third-party sites; and
• to deliver content, including ads, relevant to your interests on our Service and third party sites based on how you interact with our advertisements and/or content.

Information You Provide Through Third-Party Sites

The Service may include functionality that allows certain kinds of interactions between the Service and your account on a third-party website or application (for example, the link to a social media site like Facebook or Instagram or the link to an event registration site like WebConnex, Eventbrite, SignUp Genius, and JotForm). The use of this functionality may involve the third-party site providing information, including personal data such as first and last name, social media id, email address, mailing address, geographic location, search history, url viewing history, browser information, and other information to us.  The interactions you have with these  third-party sites/applications may involve the third-party collecting information about your interactions with us.  For example, we may provide links on the Service to facilitate sending a communication from the Service, or we may use third parties to facilitate emails, or social media postings. These third parties may retain any information used or provided in any such communications or activities and these third parties' practices are not subject to our Privacy Policy. We do not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you should review the applicable third-party privacy policies.

 

B. USE OF INFORMATION

How We Use Information We Collect
We use personal information and other demographic or profile information you provide to us for the purpose of:

• Processing, tracking and completing consignor registrations, Sales Event tickets, purchases, and similar transactions;
• Sending you marketing information about JBF, including through direct mail offerings;
• Sending you email communications such as electronic newsletters about JBF and JBF's services, Sales, loyalty programs and Promotions;
• Enabling you to participate in the Service's features such as surveys and Promotions;
• Tracking third-party providers that refer you to our Services
• Improving the effectiveness of our Service, marketing endeavors and Sales Events;
• Processing Service account registration, including, without limitation, consignor registrations, team member applications, and loyalty program applications;
• Providing customer service, including responding to your inquiries regarding our Sales or services;
• Sending you information about orders you have made on the Service or through a Third Party;
• Helping us address problems with and improve our Service and our Sales;
• Providing mobile marketing messages and other communications and messages;
• Protecting the security and integrity of the Service;
• Creating aggregated data and statistics (which does not identify you and which we freely use and share);
• Meeting applicable legal and regulatory requirements;
• For internal business purposes;
• For purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy; and
• Use of Information for Recruitment Purposes. Where you have provided us with personal data as part of an online application to provide services as a Team Member, we may use that information in order to allow us to make an informed decision about whether to proceed with your application. We may, as part of this recruitment process, collect information about your education, employment history and similar matters. Where this personal data or Demographic Information is considered to be sensitive, you expressly consent to our processing of this information for recruitment purposes by submitting it to us.

Personal information collected through Services may be stored and processed in a state other than the state in which you reside and/or provided the information, and by using our Services, you consent to any such transfer of information.  Please also note that this Privacy Policy is not intended to place any limits on what we do with aggregated, pseudonymized or anonymized data.

C. DISCLOSURE OF INFORMATION

Business Transfers
We reserve the right to disclose and transfer information: (i) to a subsequent owner, co-owner or operator of the Service and/or any Sale; or (ii) in connection with a merger, consolidation, restructuring, the sale of substantially all of the Company's or any Franchisee’s interests and/or assets or other corporate change, including during the course of any due diligence process.
To Protect the Rights of JBF and Others
To the fullest extent permitted by applicable law, we may also disclose your information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of Company, its Franchisees, or third parties (including through the enforcement of this Privacy Policy, our Terms and Conditions, and other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders). To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.

Service Providers, Software, Tools, and Applications
We may use third-party service providers and/or third party software, tools, and applications to perform certain services on behalf of us or the Service, such as: (i) to assist us in Service operations; (ii) to manage a database of consignor or customer information; (iii) hosting the Service; (iv) designing and/or operating the Service's features; (v) tracking the Service's activities and analytics; (vi) enabling us to communicate with you or send you special offers or perform other administrative services; and (vii) other services designed to assist us in maximizing our business potential. We may provide these vendors with access to user information, including Device Identifiers and personal data, to carry out the services they are performing for you or for us. Third-party analytics and other service providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including personal data, about you. For any third party we share your personal data with, we enter into contracts limiting their use of your personal data to their provision of services for us.

Sharing Information With Third Parties Linked To The Service

We do not automatically share your information with third parties.

However, you may be presented with an option to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it.   If you choose to do so, your information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their content on our Service or through a link from our Service. This may include using third-party tools such as social media tools (like Facebook, X, Instagram, Pinterest or other third-party posting or content sharing tools) or event registration tools (like WebConnex, Eventbrite, SignUp Genius, and JotForm) and by so interacting with the third-party tools you consent to such third-party practices. For example, if you “click” on a link, the “click” may take you off the Service onto a different site or service. These other sites and services may independently collect data about you and may or may not have their own published privacy policies.  The third parties may have published privacy policies different from ours or may not have published privacy policies.  We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third-party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
Additionally, advertisements that appear in the Service are sometimes delivered (or "served") directly to you by third party advertisers, and they automatically receive your IP address when this happens. These third party advertisers may also download cookies to your computer or use other technologies to measure the effectiveness of their ads and to personalize advertising content. Doing this allows them to recognize your computer each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. You should make sure that you read and understand the privacy policies of the third party websites and direct any concerns regarding external links to the third party website administrator or webmaster prior to providing any personally identifiable information.

Online Marketing
Where permitted by law, we may share your personal data related to your activities on our Service for purposes of retargeting our advertisements to you and for JBF’s other direct marketing purposes.  This collection and ad targeting takes place both on our Service and on third-party websites that participate in the ad network, such as websites that feature advertisements delivered by the ad network. This process also helps us track the effectiveness of our marketing efforts.

Mobile/Text Communications
If you have provided your mobile information to us and consented to mobile/text communications, we may communicate with you via text or mobile messaging.  Your mobile information will not be sold or shared with any third parties.

We Do Not Sell Your Information
We do not sell, release or authorize the use of any personally identifiable information we collect to unrelated third parties.

D. INFORMATION YOU DISCLOSE PUBLICLY

User Content and Public Information
The Service may offer chat rooms, forums, message boards and/or news groups to our users, which may permit you to submit ideas, photographs, videos, audio recordings, questions, comments, suggestions or other content, including personal data (collectively, "User Content"). IT IS IMPORTANT TO REMEMBER THAT ANY INFORMATION DISCLOSED IN THESE AREAS BECOMES PUBLIC INFORMATION. You acknowledge and agree that we or others shall have the right to store, display, publish, distribute or otherwise use User Content online or offline in any media or format and may or may not attribute the User Content to you. Others may have access to this User Content and may have the ability to share it with third parties. Please note that JBF does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Service or what others do with information you share with them on the Service.

Name and Likeness
For full terms and conditions regarding User Content you submit to us, please review our Terms and Conditions.  In accordance with such Terms and Conditions, we may publish your name, voice, likeness and other personal data that is part of your User Content, and we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. By connecting with JBF through our social media pages or accounts, or by posting content using JBF-created hashtags or other identifiers, you are providing your consent for JBF to use any personal data or other content you submit or make available through such sites for marketing and promotional purposes, including, but not limited to, incorporation into our marketing materials, without further notice or compensation.  By attending a Consignment Sales Event hosted by a Just Between Friends Franchisee, you agree that photographs or videos may be taken  of you at the Event may be published by JBF online or in print.  You may verbally request that your photograph not be taken at the Event.

E. SECURITY

We ensure personal data is secure by providing, among other things, controlled computer access to data processing systems including individual log-ins, complex password requirements, encryption and firewall technologies, data back-up and storage, input and job control through record authentication, password requirements and electronic recording of entries and routine auditing, and separation of processing for different purposes. We incorporate commercially reasonable safeguards to help protect and secure your personal data, however, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed 100% secure. As a result, we cannot guarantee or warrant the security of any information you transmit to or from our Service, and you provide us with your information at your own risk.
If you receive an email that appears to be a request from us for personal data, Do Not Respond as this may be a "phishing" scam designed to steal your information. Never include your credit or debit card number or other sensitive information in an email as it is not a secure means of transmitting information. We will only request such information during secure transactions on our Service.
It is your responsibility to safeguard any password you create to access "My Account" and to sign-out when your visit is complete.

F. RIGHTS TO REQUEST DELETION OF PERSONAL INFORMATION

If you have provided us with personally identifiable information, you may request that we deactivate any of your personal information in our database and/or opt-out from receiving communications from us.   If you wish to do so, please contact us at privacy@jbfsale.com.  Please note, however, that if you have engaged in a transaction with us as a Consignor, Team Member, or Customer, we may be required to retain certain information in our records for legal  or accounting purposes.  Upon receipt of a request from you for deactivation of your personal information, we will remove your information from our active communications database but will retain information required for legal or accounting purposes.

G. SPECIAL PRIVACY CONSIDERATIONS

Children’s Privacy

The Service, and products we offer and sell are intended for parents, grandparents, and other adults. Therefore, it is unlikely that children under the age of 14 will use the Service or purchase the services or products we offer. We will not knowingly collect or use any personal information from children that we know to be under the age of 14. In addition, we will delete any information in our database that we know originates from a child under the age of 14.  If you are a child under 14 years of age, you are not permitted to use the Service and should not send any information about yourself to us through the Service. If a parent or guardian discovers that such guardian’s child has provided us with personally identifiable information, such parent or guardian has the right, upon request, to view the information provided by the child and/or to require that it be deleted from our records. If you are between the ages of 14 and 17, you, your parent, or your legal guardian may request that we deactivate any of your personal information in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us at privacy@jbfsale.com.  We have no actual knowledge that we have sold/shared personal data of minors under 16 years of age.

Additional Information For California Residents
This section applies to any California residents about whom we have collected personal data from any source, including through your use of our Service, by buying our products or services, or by communicating with us electronically, in paper correspondence, or in person. This section may only apply to non-California residents as may be consistent with applicable state law in your state of residence.
For the purposes of this section, except where a different definition is noted, “personal data” 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 California consumer or household. Personal data does not include publicly available information; lawfully obtained, truthful information that is a matter of public concern; information that has been de-identified or aggregated, or other information covered by certain sector-specific privacy laws. For purposes of this section, “publicly available information” includes: information is made available from federal, state, or local government records; information that a business has a reasonable basis to believe is lawfully available to the general public, either through widely distributed media, or by the consumer; and information that is made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience.

• California Shine the Light. If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing, please submit a written request to us at privacy@jbfsale.com.
• California Notice of Financial Incentive. Certain JBF Consignment Sales Events may offer programs that provide certain perks, such as rewards, discounts, and exclusive offers (the “Loyalty Programs”). When you sign up for a Loyalty Program, we may ask you to provide your name, email address, and in some cases your telephone number. Under California law, our Loyalty Programs might be interpreted as “financial incentive” programs as they involve the collection of personal information. We do not assign a monetary value to the information we collect. Based on our reasonable estimate, the value of your personal information to us is related to the value of the expense related to the offer. This value is based on the expense related to offering those free or discounted products or services. You may withdraw from participating in a Loyalty Program at any time by contacting us at the address described in the Loyalty Program terms and conditions.
• Notice of Collection. The table below describes the categories of personal information we collect, disclose for a business purpose, and “share” for purposes of cross-context behavioral advertising (as those terms are defined by California law). Please note, in addition to the recipients identified below, we may disclose any of the categories of personal information we collect with government entities, as may be needed to comply with law or prevent illegal activity. We do not “sell” your personal information for money. As discussed elsewhere in the Privacy Notice, we use cookies and similar tracking technologies for purposes of targeted advertising. For details regarding how we use personal information, please see the USE OF INFORMATION section of the Privacy Notice.