Privacy Policy

We at Au Bon Pain take customer confidentiality and security very seriously. This Privacy Policy describes how Au Bon Pain (including our subsidiaries and affiliates, “Au Bon Pain”, “we”, “us” or “our”) collects, uses and discloses Personal Information obtained through our website (http://aubonpain.com, the “Site”) and other online services, mobile apps, tools or programs where this Privacy Policy appears, including the Au Bon Pain “eClub”, the “Au Bon Pain Gift Card” (our stored value/gift card), mobile applications, and instore kiosks (the Site and all of the foregoing, collectively, the “Services”). Our privacy practices are governed by the laws of the United States and the Commonwealth of Massachusetts, which may differ from privacy laws in your state or home country. We may change our Privacy Policy, so please check this page from time to time, as your continued use of the Services after we publish our changes indicates your acceptance of any changed terms. If you do not agree to the modified Privacy Policy, do not use the Services.

This Privacy Policy applies only to information collected via the Services. We may combine the information we collect through our Services with information that we receive in other contexts (including information you provide over the phone, via fax, or when visiting an Au Bon Pain café, or information we obtain from franchisees or referrals), in which case we will treat the combined information in accordance with this Privacy Policy.

Please see our Terms and Conditions of Use for a more detailed legal explanation of our general online policies and your rights regarding your use of the Services. https://aubonpain.com/terms-conditions.

FREQUENTLY ASKED QUESTIONS

The following Frequently Asked Questions explain how we collect, protect and use Personal Information obtained through the Services. We remain committed to ensuring that any Personal Information supplied by our customers or otherwise generated by our business activities is collected and processed fairly and lawfully.

WHAT TYPES OF INFORMATION DOES AU BON PAIN COLLECT THROUGH THE SERVICES?

We collect several types of information through our Services. We collect “Personal Information” which is information that can be used to identify you individually, such as your name, email address, address, telephone number, username and password (for account administration), financial account information and other payment information (that you submit to us for order processing), and additional personal information necessary for the administration of certain promotional events (for example, month and day of birth). We also collect “Non-Personal Information”, which is information about you that does not itself identify you individually. Examples of Non-Personal Information include age range and gender. We may combine NonPersonal Information with Personal Information and, in those circumstances, we will treat the combined information as Personal Information.

We collect “Aggregate Information”, which is information about use of our Services, such as pages visited on our Site. The information we collect depends on what Services you use. In certain circumstances, we may also collect financial information about customers from third parties to enable us to assess risks in granting credit terms.

HOW DOES AU BON PAIN OBTAIN PERSONAL INFORMATION?

As you use our Services, we collect certain information about you and the Services you use. The information we collect falls into three different categories: (1) information you give us; (2) information we collect from you automatically when you use our Services; and (3) information we collect from other sources (such as franchisees and suppliers).

Information You Provide. We collect information you give us when you use our Services. Some examples of using our “services” are when you visit one of our cafés, visit our Site, buy an Au Bon Pain Gift Card online, join the Au Bon Pain eClub or participate in a survey or promotion. The information you give us may include your first or last name, username, password, email address, postal address, phone number, financial account information such as a credit card number, birthday, city of birth, demographics information, and any other information you choose to give us. We also collect information: (i) when you place orders (whether through the Services or by telephone, fax or email); (ii) gathered through marketing events; (iii) from registrations on the Site or through other Services and (iv) from contests we may conduct.

Information We Collect from Your Use of the Services. When you use our Services, we may collect information about the Services you use and how you use them. For example:

We may collect information about the products you buy, including where you buy products, how frequently you buy products, and the rewards earned due to a purchase.
When you install our mobile application, or use a computer, tablet, smart phone or other device to access our Services or purchase products, we may collect information about the device and how you use it. This information may include the type of device, your operating system, your browser (for example, whether you used Internet Explorer, Firefox, Safari, Chrome or another browser), your internet service provider, your domain name, your internet protocol (IP) address, your device identifier (or UDID), the date and time that you accessed our Service, the website that referred you to our Site, the web pages you requested and the date and time of those requests. To collect this information, we use cookies, web beacons and similar technologies (see below for more about cookies, web beacons and similar technologies).
When you use a smart phone or other mobile device to access our Services, use a computer to access our Site or use our mobile application, we may collect information about your physical location. We may combine this information with other location-based information, such as your IP address and billing or postal code, to give you information about cafés near you and to provide you with other services on your mobile device. We share your location information only with companies that help us provide you with services and help us understand how the services are being used. If you want to opt out of the collection of this location information, please see the FAQ below titled, “Do I have control over information that Au Bon Pain collects?”
We sometimes use cameras in stores. We do not use these cameras to identify people except when necessary for security reasons.

Information We Collect from Other Sources. We also collect information that is publicly available. For example, we may collect information you submit to a blog, a chat room, or a social network like Facebook, Instagram, Twitter or Google+. We may also collect information about you from other companies and organizations. By gathering additional information about you, we can correct inaccurate information and give you product recommendations and special offers that are more likely to interest you.

HOW DOES AU BON PAIN USE THE INFORMATION IT HOLDS?

We may use the information we collect about you in a variety of ways, including:

to process your purchases of products and services;
to communicate with you about orders, purchases, services, accounts, programs, contests, sweepstakes and other promotional purposes, which may include information about our affiliated companies, franchisees, and/or other programs with which any of us or them are involved, and/or information about third party products, services, offers or programs;
to respond to your customer service inquiries and requests for information;
to send you personalized promotions and special offers;
to inform you about our brands, products or events;
to invite you to participate in surveys;
to notify you of nearby Au Bon Pain café locations based on your precise location, or to provide other location-based services (such as certain push notifications) if you permit our Services to collect such information;
to enhance our customers’ and Service users’ experiences in our cafés or on the Services, and enhance the sales efforts of Au Bon Pain and/or our franchisees;
to maintain and improve our Services and the products and services we offer;
to detect, prevent, or investigate security breaches or fraud; and
to maintain appropriate records for internal administrative purposes.

DOES AU BON PAIN DISCLOSE PERSONAL INFORMATION OBTAINED THROUGH THE SERVICES TO THIRD PARTIES?

We may share your Personal Information and/or NonPersonal Information with third parties as described in this Privacy Policy and for our business purposes. For example:

We may share the collected information with our affiliates, franchisees, business units, suppliers, consultants and agents, and to other third parties’ for management, analysis and decision making, including decisions regarding the expansion and promotion of our product and service offerings and for customer orders or requests.
We may share your information with service providers that provide us with support services, such as credit card processing, website hosting, email delivery, location mapping, postal mail processing and delivery, and analytics services.
We may share your information with third parties in the event of a proposed or actual merger, acquisition, bankruptcy, financing, sale, or other transfer of some or all of our business or assets.
We may disclose your information if we believe that the disclosure is required by law, if we believe that the disclosure is necessary to enforce our agreements or policies, or if we believe that the disclosure will help us protect the rights, property, or safety of Au Bon Pain, our employees, agents, customers, suppliers, franchisees and others.
We may share your information with service providers to use your information to provide you with promotions and special offers.
We may share information about you with other companies if you give us permission or direct us to share the information.
Information may be shared with third parties that operate plug-ins on the Services (such as the Facebook “like” button and the Twitter “follow” button) even if you do not click on these plug-ins.

We may share your information with suppliers and other third parties in aggregated and/or anonymous form, such as sharing aggregated statistics about users of the Services for our business purposes and that of our suppliers, franchisees and other third parties.

If you post information on any part of our Services, the information that you post may be seen by other visitors to our Services, including your post information and your user name.

We may share your information with third parties so they can tell you about their products, services, offers and programs which work with or are otherwise related to our products, services and offers and that of our franchisees.

When you use our Services, we may allow third parties to collect information about you by setting their own cookies, web beacons and other similar technologies on our Services. The information collected by third parties may include the type of device, your operating system, your browser, your internet service provider, your domain name, your internet protocol (IP) address, the date and time that you accessed our service, the website that referred you to our Services, the web pages you requested, the date and time of those requests, and the subject of the ads you click or scroll over. We allow third parties to collect this information on our Services for the following purposes:

We allow certain service providers to use the information collected on our Services to help us learn about our users and how people use our Services. In such cases, these service providers do not match the information regarding Service usage to any individual user.
We allow companies to use special technologies to make certain parts of our Services work. For example, we allow Adobe to set and enable special cookies that are necessary to deliver video content for Adobe Flash Player. These cookies are called Flash cookies.
We have certain features to our Services that allow social networks (such as Facebook, Twitter, Instagram and Google+) to track the activities of their members or collect certain information about website visitors. These features may include technologies called “plug-ins” and “widgets.” Plug-ins create a direct link between two websites, and widgets are interactive mini-programs that provide other companies’ services on our websites. When you link to the Au Bon Pain Services through any social networking or third party sites, applications or services, you are bound by the privacy policy of the social network or third-party site, application or service, and we do not control and are not responsible for the privacy practices of such sites. If you are concerned about the way a social network is tracking your activity, please contact the social network or review its privacy policy.

DO THE SERVICES USE “COOKIES”?

We and others may use a variety of technologies to collect information about your device and use of our Services. These technologies include cookies and web beacons. “Cookies” are bits of data and small files that are stored on your device’s hard drive either for the duration of your visit or for a fixed period of time. This information is used to identify and store the user’s preferences. Like most websites, our Services automatically gather information about the areas of our Services that are visited, and how the user interacts with our Services. The data collected is anonymous and is not associated with your Personal Information, (except when you are using an area of the Services where you have entered your Personal Information to participate in one of our online programs). We mainly use cookies for the following purposes:

Some cookies are required to allow you to access and use our Services. Without these cookies, our Services do not work properly.
Some cookies help us analyze and estimate traffic on our Services. They show us how visitors interact with our Services, whether there are any errors, which pages are not used often, which pages take a long time to load, which pages users tend to visit and in what order. These cookies do not collect any information that could identify you and are only used to help us to improve our Services and understand user interests.
Some cookies remember information to save you the trouble of entering information every time you visit or use a particular website. For example, a cookie may remember your username to save you time when you log in to your account.
Some cookies are used to tailor your experience on our Services by controlling the promotions, advertisements and other marketing messages that may appear when you visit or use our Services and help us learn which Services you are using and how you are accessing information about us. We may use this information to personalize your visit to a Services or to send you relevant promotions.
Web beacons are small, transparent images that are embedded in web pages, applications, and emails that are sometimes called “clear gifs,” “single pixel gifs”, “page tags” or “web bugs.” We use web beacons to track the web pages you visit, to test the effectiveness of our marketing, and to find out if an email has been opened and acted on.

Most web browsers automatically accept cookies, but you can change your browser settings to give you the choice to accept a cookie or reject cookies altogether.

HOW DOES AU BON PAIN PROTECT THE PERSONAL INFORMATION IT HOLDS?

Au Bon Pain protects your information using technical, physical, and administrative security measures to reduce the risk of loss, misuse, unauthorized access, disclosure or modification of your information. Some of our safeguards include firewalls, data encryption, physical access controls, and administrative informational controls. When you transmit highly sensitive information (such as a credit card number) through our Site or in one of our mobile applications, we encrypt the transmission of that information using the Secure Sockets Layer (SSL) protocol. We will also actively investigate and cooperate with law enforcement agencies any allegations of abuse or violation of system or network security. While we have employed security technologies and procedures to assist safeguarding your Personal Information, no system or network can be guaranteed to be 100% secure. feedback@aubonpain.com

Personal and NonPersonal Information may be transferred to and stored on computers and servers located in the United States and other countries located outside your country of residence. The laws of these countries may not offer a level of privacy protection for Personal Information as great as that offered in your country of residence. Further, Personal Information might be disclosed to governments or law enforcement agencies in these countries where required by law. By agreeing to this Privacy Policy, using the Services, and/or sharing your Personal Information with us, you consent to such transfer.

DO I HAVE CONTROL OVER INFORMATION THAT AU BON PAIN COLLECTS?

You can make choices about the information we collect about you:

When you use a smart phone or other mobile device to access our Services, we may collect information about your physical location only if (a) “location services” for the mobile application is enabled; or (b) the permissions in the mobile device allow communication of this information. If you do not want us to collect your location information, you can opt out of sharing this information by changing the relevant preferences and permissions in your mobile device.
If you want to reject cookies, you must take action to select the appropriate settings in your browser. Each browser’s cookie control is a little different, but the most common browsers (Internet Explorer, Chrome, Firefox, and Safari) have a preference or option you can select so the browser notifies you if a site wants to set a cookie and typically provides an option to accept or reject the cookie before the cookie is set. If you choose to remove or reject cookies, it will affect many features or services on our Services.
We allow Adobe to set and enable special cookies that are necessary to deliver video content for Adobe Flash Player. You cannot remove Flash cookies simply by changing your browser settings. If you would like to limit the websites that can store information in Flash cookies on your device, you must visit the Adobe website: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.
Some newer web browsers have a “Do Not Track” preference that transmits a “Do Not Track” header to the websites you visit with information indicating that you do not want your activity to be tracked. We currently do not respond to browser “Do Not Track” signals.

DO YOU COLLECT PERSONAL INFORMATION FROM CHILDREN?

The Services are not directed toward children under the age of 13, and we do not knowingly collect any Personal Information from children under the age of 13. If you are between the ages of 13 and 18, please ensure that you use the Services with the permission of a parent or guardian. You must be 18 to use some portions of the Services. If a child under 13 provided the Services with Personal Information, a parent or guardian should contact us as described in the “Contact Us” section, below so that we may promptly delete the child’s information from our records.

HOW DO I CHANGE MY INFORMATION?

If you want to change your information, cancel your account, or stop us from using your information, please contact us. We will make every effort to promptly respond to your request. We will retain your information for as long as your account is active or as needed to provide you services. If you ask us to delete your account, we generally retain and use your account information only as long as necessary to fulfill a business or law enforcement need.

ARE THERE ANY SPECIFIC PRIVACY RIGHTS I SHOULD BE AWARE OF?

We may choose or be required by law to provide different or additional privacy notices relating to the processing of Personal Information about residents of certain countries, regions or states. Please refer below for notices that may be applicable to you:

California

If you are a resident of the State of California, please click here for a supplemental California Privacy Notice.

Nevada

Under Nevada law, Nevada residents may opt out of the “sale” of their personal information, where the information is exchanged for monetary consideration. We do not engage in such activity; however, if you are a Nevada resident, you may submit a request to opt out of potential future sales under Nevada law by sending a message to our Customer Care Center at feedback@aubonpain.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

CONTACT US

Au Bon Pain

3304 Essex Drive

Richardson, Texas 75082

Attention: Guest Services

Phone: 1.800.TALKABP or 1.800.825.5227

Email: feedback@aubonpain.com