Privacy Policy 

Last updated: November 8, 2022  

This Privacy Policy (this “Policy”) is a binding legal agreement between Kolache Factory, Inc. (“we”, “us”, or “our”) and you (“you” and “your”). We take the privacy of your information seriously, and this Policy governs our usage and disclosure of information collected from you when you visit and use our websites, apps and services (the “Services”). By using the Services, you consent to the data practices described in this Policy. If you do not agree with the terms of this Policy, you must immediately cease use of the Services. This Policy may change from time to time. Your continued use of the Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates. 

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT 

We may collect several types of information from and about users of our Services, including: 

  • Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers) 

  • Information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, address, telephone number, bank account number, credit card number, debit card number, or any other financial information. 

  • Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies) 

  • Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with the Services, or advertisement) 

  • Geolocation data 

  • Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. 

This personal information is required to provide products and services to you. If you do not provide personal information we ask for, it may delay or prevent us from providing our products and services to you.  

HOW YOUR PERSONAL INFORMATION IS COLLECTED

We collect this information: 

  • Directly from you when you provide it to us. 

  • Automatically as you navigate through the Services. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies. 

The information we collect on or through our Services may include: 

  • Information that you provide by filling in forms on our websites. This may include information provided at the time of registering to use our Services or information we request from you from time to time. 

  • Records and copies of your correspondence (including email addresses), if you contact us. 

  • Your responses to surveys that we might ask you to complete for research purposes.  

INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES. 

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: 

  • Details of your visits to our websites, including traffic data, location data, logs, and other communication data and the resources that you access and use on such website. 

  • Information about your computer and internet connection, including your IP address, operating system, and browser type. 

The information we collect automatically is statistical data and does not include personal information. It helps us to improve our Services and to deliver a better service. 

The technologies we use for this automatic data collection may include cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services. 

HOW AND WHY WE USE YOUR PERSONAL INFORMATION 

We only use your personal information if we have a specific and proper reason for doing so.  For example, we might use your personal information in order to comply with our legal and regulatory obligations, to provide products and services to you, to comply with your requests related to our products and services, where you have given your consent, or for our legitimate interest or those of a third party (e.g., a business or commercial reason to use your information that is not overridden by your own rights and interests). 

The table below provides examples of how we use (process) your personal information and our reasons for doing so: 

Our reasons

How we may use your personal information

For the performance of our agreement with you or to respond to your request for products and services

To provide products and services to you


For our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us and for you

To prevent and detect fraud against you or us


To comply with our legal and regulatory obligations

Processing necessary to comply with professional, legal and regulatory obligations that apply to our business


For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures so we can deliver the best service to you

Ensuring business policies are adhered to, e.g. policies covering security and internet use


For our legitimate interests or those of a third party, e.g. to be as efficient as we can so we can deliver the best service for you at the best price

Operational reasons, such as improving efficiency, training and quality control


For our legitimate interests or those of a third party, e.g. to protect trade secrets and other commercially valuable information; and to comply with our legal and regulatory obligations

Ensuring the confidentiality of commercially sensitive information


For our legitimate interests or those of a third party, e.g. to be as efficient as we can so we can deliver the best service for you at the best price

Statistical analysis to help us manage our business, e.g. in relation to our financial performance, customer base, product range or other efficiency measures


To comply with our legal and regulatory obligations; and for our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about existing orders and new products

Updating and enhancing customer records


Marketing our services and those of selected third parties to: 

For our legitimate interests or those of a third party, e.g. to promote our business to existing and former customers

  • existing and former customers; 

  • third parties who have previously expressed an interest in our services; 

  • third parties with whom we have had no previous dealings. 


DISCLOSURE OF YOUR INFORMATION 

We will not sell any of your personal data to any outside organization. We only disclose your personal data to service providers and third parties as reasonably necessary to carry out the permitted uses described in this Policy. For example, we may share personal data with: 

  • our payment processors, technical and customer support contractors, and other service providers who are required to keep the personal data confidential and are prohibited from using it other than to carry out their services on our behalf; 

  • our successors in the event of a sale, merger, acquisition, or similar transaction affecting the relevant portion of our business; and 

  • legal and governmental authorities or other third parties, to the extent required to comply with a legal order or applicable law.  

In the preceding 12 months, we have disclosed for a business purpose to one or more third parties the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a consumer or household: 

  • Identifiers (e.g., information that identifies, relates to, describes, or is capable of being associated with, an individual, including, but not limited to, his or her name, signature, address, telephone number, or financial information); and  

  • Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement). 

CALIFORNIA RESIDENTS 

California consumers have the right to request any of the following information from us regarding personal information collected about you during the preceding 12 months: 

  • The categories of personal information collected about you. 

  • The categories of sources from which the personal information is collected. 

  • The business or commercial purpose for collecting or selling personal information. 

  • The categories of third parties with whom we share personal information, if any. 

  • The specific personal information collected about you. 

  • For personal information sold or disclosed to a third party for a business purpose, you have a right to know the categories of personal information about you that we sold and the categories of third parties to whom the personal information was sold; and the categories of personal information that we disclosed about you for a business purpose. 

We will provide this information free of charge up to two (2) times in any twelve (12) month period within 45 days of receiving your verifiable request (including verification of your identity and your California residency), subject to delays and exclusions permitted by law.  Specific personal information about you or your account that is categorized as sensitive or confidential may be redacted.    

As a California resident, you have the right to request that we delete any personal information that we have collected about you.  We will honor this request subject to the range of exclusions permitted by law.  For example, we are not required to delete personal information if it is necessary to complete a transaction or reasonably used for an ongoing business relationship or if it is used internally in a lawful manner that is compatible with the context in which the consumer provided the information.  

As a California resident, you also have the right to opt out of the sale of your personal information to third parties. We do not sell your personal information.  However, we are permitted to share your personal information with a service provider.  

We will not discriminate against you if you choose to exercise any of these rights. California residents may exercise the rights described above by contacting us as follows: 

Email: info@kollachefactory.com (please use “California Privacy” in the subject line

Phone: 281-829-6188 

Mail: 23240 Westheimer Parkway Katy, TX 77494  

We may require verification of your identity before further processing your request. In certain instances, we may be permitted by law to decline some or all of such request. 

TREATMENT OF MINORS’ INFORMATION 

Our Services are not intended for children and we do not knowingly solicit or collect personal data from children. If we are notified or discover that a child under the age of 13 has submitted personal data to us, we will take reasonable steps to delete the information. 

TEXT / SMS

Subscribers can opt-in for SMS messages from Kolache Factory as a part of the loyalty registration process Users who opt-in will receive marketing and promotional messages for the Kolache Factory loyalty program. Messages may pertain to promotional programs, new menu items, etc. Messages for this program will be sent from (21916) and begin with "KF REWARDS". Message frequency may vary. Message and data rates may apply. Subscribers can text HELP to (21916) for help, or contact the KOLACHE FACTORY corporate office at info@kolachefactory.com,  or call 281-829-6188.  Subscribers may also opt-out at any time by texting "Stop".

All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

CONTACT INFORMATION 

To ask questions or comment about this Policy and our privacy practices, contact us at: 

Email: info@kolachefactory.com 

Phone: 281-829-6188 

Mail: 23240 Westheimer Parkway Katy, TX 77494