Privacy Policy

1. What Our Privacy Policy Covers

This privacy policy covers Jersey Mike’s Franchise Systems, Inc.’s (“Jersey Mike’s”) customer facing operations in the United States and applies to the personal information Jersey Mike’s obtains in various contexts, including when you access or use our websites, native mobile applications (“Jersey Mike’s Mobile Apps”), emails we send, social media accounts, online products or any other applications or online services (“Services”) that link to this privacy policy, communicate with us, shop with our third-party partners, engage with us on social media, or participate in any of our programs or events. (Please click here for a printable PDF version of this notice.)

Jersey Mike’s Franchise Systems, LLC in its own capacity and in its capacity as manager of A Sub Above is the controller of your personal information. Jersey Mike’s may provide different or additional privacy notices in connection with certain activities, programs, and offerings. Likewise, we may provide additional “just-in-time” notices that supplement or clarify our privacy practices or provide you with additional choices regarding your personal information.

Our websites may include links to websites and/or applications operated and maintained by third parties. Please note that this Privacy Policy does not apply to non-Jersey Mike’s websites or services that link to or state that they are offered under a different privacy policy. We encourage you to review the privacy policies on those websites and applications directly to understand their privacy practices.

2. The Personal Information We Collect

We collect personal information about you from various sources, some of which may be collected by third parties on our behalf. For example, we collect and obtain information:

Directly from You

We collect personal information you provide, such as when you make a purchase, register for an account, create a profile, order a delivery, sign up for a loyalty program, contact us, respond to a survey, interact with us in store, participate in a sweepstakes, contest, or other similar campaign or promotion, or sign up to receive emails, text messages, and/or postal mailings.

• Contact information and any other information you choose to include when you communicate with us via e-mail, mail, phone or other channels.

• Account Information such as a username and password, your name, mailing or delivery address, e-mail address, phone number, subscription preferences, which may include signing up to some of our Services or communications from us.

• User Content including your communications with us and any other content you provide (such as social media profiles, photographs, images, videos, survey responses, comments, product reviews, testimonials, and other content).

• Transactional and Commercial Information including payment information if you engage in transactions through the Services, purchase history, preferences, and rewards activity related to loyalty programs.

• Audio and Visual Information including photographs, images, videos, and recordings of your voice (such as when we record customer service calls for quality assurance).

• Any additional information you choose to provide us.

Automatically From You

When you visit our websites, use our Jersey Mike’s Mobile Apps, open or click on emails we send you, or interact with our advertisements, we collect some information automatically.

• Device information and online user activity including device identifier, internet protocol (IP) address, browsing or search history, and information regarding your interactions with our websites, mobile applications, emails, or advertisements.

• Geolocation information to the extent that you allow your device to share this information when you use our store locator feature.

Certain of this information may be collected using technologies such as cookies, web beacons, clear GIF, pixels, internet tags, web server logs, and other data collection tools. For more information, please see the “Cookies and Similar Tracking Technologies” section below.

From Third Parties

Third parties include franchises, social media platforms and networks, survey companies, data analytics providers, marketing or advertising service providers, fraud prevention service providers, vendors that provide services on our behalf, or publicly available sources.

• Information about your credit history and your identity from agencies and other entities that provide credit scoring, identity verification, fraud prevention, and similar services.

• Information about your interests, contact information, demographic information, and marketing inferences from third party sources that provide consumer data, social networks and other sources of publicly available data.

• Information about the marketing and advertisements you have seen or clicked on, from online advertising companies.

If you provide us with personal information regarding another individual, you represent that you have that person’s consent to give us his or her information and to permit us to use the information in accordance with this policy.

3. Cookies and Similar Tracking Technologies

We and our third-party service providers use cookies, web beacons, clear GIF, pixels, internet tags, and other similar tracking technologies (collectively, “tracking technologies”) to gather information when you interact with our websites, Jersey Mike’s Mobile Apps, and email communications. Some tracking technologies help us maintain the security of our websites and your account, prevent crashes, fix bugs, save your choices, and assist with basic site functions. These tracking technologies are “required” because we need them for the websites to work properly. We don’t provide the option to opt-out of these tracking technologies, but you can remove these “required” tracking technologies by modifying your browser settings. Please note, some features of our websites may not be available to you as a result.

We permit third parties to use tracking technologies on our websites and Jersey Mike’s Mobile Apps for analytics to understand how visitors interact with our websites and Jersey Mike’s Mobile Apps. For example, we use Google Analytics to evaluate website traffic and usage data to help us improve our products and Services. For more information about how Google collects and processes data visit https://policies.google.com/technologies/partner-sites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/

We use the Meta (formerly Facebook) Pixel on this website. The Meta Pixel may enable Meta to match website visitors with their Facebook User Accounts. You can find out more about how Meta uses data from our website by visiting “What kinds of information do we collect? Information from partners, vendors and other third parties” in the Meta Privacy Policy. We also permit third parties to use tracking technologies on our websites and Jersey Mike’s Mobile Apps for advertising, including to help manage and display advertisements, or to tailor advertisements to your interests, or to send abandoned shopping cart reminders. The third parties use their technology to provide advertising about products and Services tailored to your interests which may appear either on our websites or on other websites. This is sometimes referred to as third-party behavioral advertising.

Cookies and Similar Tracking Technologies Settings

You can opt out or indicate choices regarding cookies when a device you utilize visits the Services, by visiting http://www.jerseymikes.com/privacy-policy#show-choices to access our cookie management tool. Please note that you will need to indicate choices on each device you use to visit the Services.

If you have enabled Global Privacy Control (GPC) to communicate your privacy choices to us, we honor such signals.

You may also modify your browser setting to disable or reject cookies across the internet, but if you do so, some features of our website or Services may not function properly or be available. If you are visiting the Services from a mobile device, the operating system of the device may offer you options regarding how the device collects and uses your information for interest-based advertising. Please visit https://thenai.org/opt-out/mobile-opt-out/ for more information.

You may be able to prevent some third parties from using your information for interest-based advertisements across the internet by visiting http://www.networkadvertising.org or http://www.aboutads.info. Please note this does not opt you out of being served ads, nor will it prevent the receipt of interest-based advertising from other companies that do not participate in these programs.

4. How We Use Your Personal Information

We collect and use personal information for various purposes, including:

Providing Products and Services

We use your personal information to provide products and services, such as to fulfill your orders and/or complete the transactions you request; help you locate Jersey Mike’s locations; process your payments; provide you receipts and order updates; send notifications to you related to your account; and create, maintain, and otherwise manage your account.

Communicating With You

We use your personal information to communicate with you, such as to respond to and/or follow up on your requests, inquiries, issues or feedback, and to provide customer service. We may also use your personal information to respond to your inquiries if you would like to receive or provide information to allow us to evaluate your application to become a Jersey Mike’s franchisee.

Administering Jersey Mike’s Programs

We use your personal information to administer our programs and to perform our contract to provide you with the benefits associated with those programs. This may include setting up and verifying your account, communicating with you regarding the program, evaluating your application, tracking the rewards/points you earn for purchasing products; and providing a forum for discussion, asking questions, posting photos and reviews, and sharing experiences.

Marketing and Promotional Purposes

We use personal information for marketing and promotional purposes, such as to send marketing, advertising, and promotional communications by email, text message or postal mail; to show you advertisements for products and/or Services tailored to your interests on social media and other websites; and to administer our sweepstakes, contests, and other similar promotions.

Analytics and Personalization

We use personal information to conduct research and analytics, including to improve our Services and product offerings; to understand how you interact with our websites, Jersey Mike’s Mobile Apps, advertisements, and communications with you to determine which of our products are the most popular, and to improve our websites, Jersey Mike’s Mobile Apps, and marketing campaigns; to personalize your experience, to save you time when you visit our websites and Jersey Mike’s Mobile Apps, and to customize the marketing and advertising that we show you; to understand how you use our Jersey Mike’s Mobile Apps; to create a more personalized experience for you when you visit our stores; to provide Services, to better understand our customers’ needs, and to provide personalized recommendations about our products and Services.

Security and Fraud Prevention; Health and Safety

We use personal information to detect, investigate, prevent, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity, including fraudulent transactions, attempts to manipulate or violate our policies, procedures, and terms and conditions, security incidents, and harm to the rights, property, or safety of Jersey Mike’s and our users, customers, employees, or others. We also use Personal Information where appropriate to protect the health and safety of our customers and others.

Legal Obligations

We use personal information to comply with our legal or regulatory obligations, to establish or exercise our rights, and to defend against a legal claim.

Core Business Functions

We use personal information to support core business functions, including to maintain records related to business process management; loss and fraud prevention, and to collect amounts owing to us; and to provide and maintain the functionality of our website and Jersey Mike’s Mobile Apps, including identifying and repairing errors or problems.

Assisting Our Franchisees

We use personal information to assist Jersey Mike’s independently owned and operated franchisees in their operations.

5. How We Disclose Your Personal Information

In addition to the specific situations discussed elsewhere in this privacy policy, we disclose personal information in the following circumstances:

Corporate Affiliates

We may disclose personal information to our corporate affiliates and any and all independently owned and operated franchisees. Such corporate affiliates and franchisees process personal information where necessary to provide a product you have requested, for purposes otherwise described in this privacy notice, or in other circumstances with your consent or as permitted or required by law.

Advertising and Marketing Partners

We partner with third parties who assist us in serving advertising regarding the Services to others who may be interested in the Services. These third parties may use tracking technologies to collect or receive information from the Services and elsewhere on the internet and use that information to provide measurement services and target ads. Third parties may allow other companies to access information about you so that they may market other products you may be interested in.

Analytics Partners

We partner with analytics providers, who collect information via tracking technologies on our websites to assist us with measuring visits and traffic on our websites so we can measure and improve the performance of the sites.

Service Providers

We disclose certain personal information to third parties that perform services to support our core business functions and internal operations including: fulfilling orders, delivering orders, complying with your request for the shipment of products by a third party intermediary such as a delivery service, sending postal mail, e-mails and text messages, analyzing customer data, providing marketing assistance, processing credit card and debit card payments, investigating fraudulent activity, conducting customer surveys, and providing customer service.

Third Party Partners

We may disclose your personal information to third parties that we have partnered with to jointly create and offer a product, service, or joint promotion (such as the National Football League and the National Hockey League). If you decide to obtain a product or service that is offered by these third party partners, the information you provide will be disclosed to us and them. Their use of your information is not governed by this privacy policy, but by their own respective privacy policies. Please note, we will not disclose text messaging opt-in data and consent to any third parties for their marketing purposes.

Social Media Platforms

Some of our websites have features such as plugins, widgets, and other tools made available by third parties that may result in information being collected or disclosed to the third party. For example, if you use Facebook’s “Like” feature, Facebook may register the fact that you “liked” a product and may post that information on Facebook. Their use of your information is not governed by this privacy policy.

Public Forums

Some of our websites provide the opportunity to post content in a public forum. If you decide to submit information in these public forums, that information will be publicly available.

Legal Process, Health, Safety and Security

We may disclose personal information in response to subpoenas, warrants, court orders, government inquiries or investigations, or to comply with relevant laws and regulations. We may also disclose information to establish, exercise, or protect the rights of our company, employees, agents, and affiliates; to defend against a legal claim; to protect the health, safety and security of our customer, visitors or others; to detect and protect against fraud; and to take action regarding possible illegal activities or violations of our policies.

Business Transfers

We may share personal information with another company that buys some, or all, of the assets or stock of Jersey Mike's, and that company may use and disclose personal information for purposes similar to what is described in this policy. Jersey Mike's may also share personal information with prospective purchasers to evaluate the proposed transaction.

Other Instances

We may ask if you would like us to share your information with other third parties who are not described elsewhere in this privacy policy.

6. How We Protect Your Personal Information

Personal information is maintained on our servers or those of our service providers, and is accessible by authorized employees, representatives, and agents as necessary for the purposes described in this privacy policy.

We realize that individuals trust us to protect their personal information. We maintain reasonable and appropriate physical, electronic and procedural safeguards designed to help protect your personal information. While we attempt to protect your personal information in our possession, no method of transmission over the internet, or security system is perfect, and we cannot promise that information about you will remain secure in all circumstances. Please notify us as soon as possible if you suspect any unauthorized use of your account or password.

7. Retention

Retention of Your Personal Information

We will retain your personal information for as long as is necessary to complete the purposes for which it was collected, or as may be required by law. Please note that in many situations we must retain all, or a portion, of your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, to protect against fraudulent, deceptive, or illegal activity, or for another one of our business purposes. We utilize the following criteria to determine the length of time for which we retain information:

• The business purposes for which the information is used, and the length of time for which the information is required to achieve those purposes;

• Whether we are required to retain the information type in order to comply with legal obligations or contractual commitments, to defend against potential legal claims, or as otherwise necessary to investigate theft or other activities potentially in violation of our policies and procedures applicable to you or against the law, to ensure a secure online environment, or to protect health and safety;

• The privacy impact of ongoing retention on the consumer; and

• The manner in which information is maintained and flows through our systems, and how best to manage the lifecycle of information in light of the volume and complexity of the systems in our infrastructure.

Individual pieces of personal information may exist in different systems that are used for different business or legal purposes. A different maximum retention period may apply to each use case of the information. Certain individual pieces of information may also be stored in combination with other individual pieces of information, and the maximum retention period may be determined by the purpose for which that information set is used.

8. Transmission of Information to Other Countries

Jersey Mike’s is located in the USA. By submitting your personal information to us you agree to the transfer, storage, and processing of your personal information in a country other than your country of residence including, but not necessarily limited to, the United States.

9. Your Privacy Options

You may have certain choices when it comes to how we collect and use your personal information:

• Account Information. Please visit the My Account page (https://www.jerseymikes.com/account) to update your personal information and payment method.

• Email Marketing. If you no longer wish to receive marketing communications from us, you can unsubscribe via the link at the bottom of any Jersey Mike’s marketing email or by emailing privacy@jerseymikes.com. For account holders, email settings can also be changed on the account page https://www.jerseymikes.com/account.

• Online Activity Tracking and Interest-Based Advertising. You have several options to either prevent our collection of information regarding your online activity, or prevent third parties from using such information from being used for interest based advertisements, for more information please see “Cookies and Similar Tracking Technologies”.

• SMS Marketing. Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving commercial text messages by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. If you opt-out, we may still send you messages regarding the status of your orders and other service-related communications.

10. Children’s Privacy

Our website is not intended for or directed to children under the age of 13. We do not knowingly collect personal information directly from children under the age of 13 without parental consent. If we become aware that a child under the age of 13 has provided us with personal information, we will delete the information from our records.

11. Communicating With Us

If you have any questions, you can contact Jersey Mike’s at https://www.jerseymikes.com/contact-us/privacy or by calling us at 1-877-321-4044, and asking to speak with a representative about Jersey Mike’s privacy or security practices. If we need, or are required, to contact you concerning any event that involves your personal information we may do so by e-mail, telephone, or mail.

12. Updates to This Privacy Policy

We may make changes to this Policy from time to time. The “Effective Date” at the top of this page indicates when this Privacy Policy was last revised. We will provide additional notice to you if we make any changes that materially affect your privacy rights.

13. Additional Notices

Your Rights Under the Laws of Certain U.S. States

The laws of certain U.S. states provide their residents with certain rights to access, delete, and correct certain personal information we collect about you, as well as to restrict the use of personal information for personalized advertising, restrict the “sale” of personal information, and control our use of personal information considered sensitive. We will not discriminate against you for exercising these options.

Residents of the State of Nevada have the right to opt out of the sale of certain pieces of their information to third parties who will sell or license their information to others. If you are a Nevada resident and would like to make such a request, please visit our “Your Privacy Choices” page at http://www.jerseymikes.com/privacy-policy#show-choices.

If you are a resident of one of these following states, your may have certain additional rights under the laws of your state.

• California

• Colorado

• Connecticut

• Delaware

• Kentucky

• Minnesota

• Montana

• Nebraska

• New Jersey

• New Hampshire

• Tennessee

• Texas

• Oregon

• Utah

• Virginia

Right to Know and Request Access to, Correction of, and Deletion of Personal Information

You have the right to request access to personal information collected about you in a portable format and to receive information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers to whom we disclose it. You also have the right to request we correct inaccurate personal information and to request, in certain circumstances, that we delete any that we have collected directly from you.

You may submit a request to exercise your rights to know/access, correct, or delete your personal information by filling out a Privacy Request Form available at https://www.jerseymikes.com/contact-us/privacy, or by calling us at 1-877-321-4044. You may authorize another individual or a business, called an authorized agent, to make requests on your behalf through these means.

Depending on your request, we will ask for information such as your name, and an e-mail address that you have used with Jersey Mike’s, or a phone number you have used with Jersey Mike’s. For certain requests, we may also ask you to provide details about the most recent purchase you made online or in store.

We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

Right to Opt Out of Targeted Advertising and Sale to Third Parties

You have the right to opt out of the use and disclosure of your personal information for the purposes of selecting or delivering advertising based on your activity over time and across different online platforms. U.S. residents also have the right to opt out of certain disclosures that are considered “sales” under applicable state laws. To review our Notice of Right to Opt Out of Sale/Sharing and exercise your right, please visit our “Your Privacy Choices” page at http://www.jerseymikes.com/privacy-policy#show-choices. Please note that your right to opt out does not apply to our sharing of personal information with Service Providers, as described above.

Right to Opt Out of Automated Decision making

Residents of Colorado, Connecticut, Montana, Texas, Oregon, and Virginia have the right to opt out of automated profiling in certain instances where such processing would produce legal or other similarly significant effects. At this time, we do not use personal information to make automated decisions about you in any situations where you may have a legal right to opt out.

Right to Information Regarding Participation in Data Sharing for Financial Incentives

In connection with Shore Points® we may offer you a financial incentive for your personal information. We may also provide other programs, such as sweepstakes, contest, or other similar promotional campaigns (collectively, the “Programs”). When you sign up for one of these Programs, we typically ask you to provide your name and contact information (such as email address and/or telephone number). Because our Programs involve the collection of personal information, they might be interpreted as a “financial incentive” program under California law. The value of your personal information to us is related to the value of the free or discounted products or Services, or other benefits that you obtain or that are provided as part of the applicable Program, less the expense related to offering those products, Services, and benefits to Program participants.

Jersey Mike’s does not generally assign monetary or other value to consumers’ information and our promotions activity changes continually. To the extent California law requires that a value be assigned to such programs, or the price or service differences they involve, Jersey Mike’s values the information as being equal to the value of the discounts or other financial incentives provided in each such program. Such calculation is based upon a practical and good-faith effort to assess, on an aggregate basis for all collected information: (1) the data elements collected (e.g., email address), (2) the use of such information by Jersey Mike’s in connection with its marketing activities, (3) the range of discounts provided (which can depend on each consumer’s purchases under such offers), (4) the number of consumers enrolled in respective programs, and (5) the product or service to which the benefits (such as price difference) applies. These values can change over time.

If you would like to withdraw your consent to participate in a Program, you may do so at any time by visiting https://www.jerseymikes.com/account and requesting to delete your account. Deleting your account will terminate your participation in the Program.

Visit the terms and conditions page of each Program to view full details.

Right to Request Further Review

If we deny your request, you may have the right to appeal our decision. You can request further review by emailing privacy@jerseymikes.com attaching your prior request and denial and indicating you would like to commence the appeal process (and providing any additional reasoning for your appeal). If you are a qualified consumer, this email will initiate a subsequent consideration and review of your request.

Special Information for California Residents

California law requires us to disclose the following information with respect to our privacy practices. If you are a California resident, this section applies to you in addition to the rest of the privacy policy.

Your California Privacy Rights

Customers who are residents of California may request information concerning the categories of personal information (if any) we share with third parties or affiliates for their direct marketing purposes. If you would like more information, please submit a request at https://www.jerseymikes.com/contact-us/privacy, or by calling us at 1-877-321-4044, and asking to speak with a representative about CCPA.

California Notice at Collection - Consumers and Business Contacts

You have the right to receive notice of the categories of personal information we collect, and the purposes for which those categories of will be used.

The following chart describes our practices with regard to the collection, use, and retention of your personal information if you are a customer, website visitor, or business contact. If you are a candidate for employment, please see our supplemental California Notice of Collection for Job Candidates below.

The categories we use to describe the information are those listed in the CCPA. Certain Personal information may fall into multiple categories, and in some circumstances, how we use and how long we keep the information within each category will vary.

The examples of personal information listed below are illustrative and do not represent a complete description of the information we process.

Any category of personal information listed in the chart above may be disclosed for a business purpose to service providers and contractors, which are companies or individuals that we engage to conduct activities on our behalf. Service providers and contractors are restricted from using personal information for any purpose not related to our engagement.

California law also requires us to provide you with information regarding the parties to whom we “sell” or “share” your information, and the types of parties to whom we disclose your information for a business purpose. Under the CCPA, a business “sells” personal information when it discloses such information to another company for monetary or other benefits. “Sharing” under the CCPA is narrowly defined as the disclosure of a consumer's personal information to a third party for cross-context behavioral advertising. A company may be considered a third party either because the purpose for its sharing of personal information is not for an enumerated business purpose under California law, or because its contract does not restrict it from using personal information for other purposes.

We sell or share your information as follows:

• Basic Identifying Information: Analytics Partners; Advertising and Marketing Partners, and Social Media Platforms.

• Internet or Electronic Network Activity Information: to Advertising and Marketing Partners, and Social Media Platforms.

• Commercial Information: to Advertising and Marketing Partners, and Social Media Platforms.

• Inferences: to Advertising and Marketing Partners, who help administer marketing and personalization.

For more information on your rights if you are a California consumer or business contact and how to exercise them, please see Your Rights Under the Laws of Certain U.S. States.

California Job Applicants

When you apply for a job with Jersey Mike’s, information may be collected about you in multiple ways: you may provide it to us in connection with your application; we may make observations in the application process or collect information from public information sources; or you may authorize us to collect information from other sources, such as a former employer or reference.

The following table describes our practices with regard to information submitted in the job application process. If you use our website in the job application process, additional information may be automatically collected, as described above.

We also collect any other information you elect to provide to us, including information from social media sites if you choose to link your application to a social media page. In certain circumstances, you may submit your application for employment through a third-party service that displays our job posting. We do not control the privacy practices of these third-party services. Please review their privacy policies carefully prior to submitting your application materials.

Any category of personal information listed in the chart above may be disclosed for a business purpose to service providers and contractors, which are companies or individuals that we engage to conduct activities on our behalf. Service providers and contractors are restricted from using personal information for any purpose not related to our engagement. We do not sell personal information relating to our job applicants.

For more information on your rights if you are a job applicant in California and how to exercise them, please see Your Rights Under the Laws of Certain U.S. States above.