Privacy Policy

Last updated: October 2023

Protecting your personal data is important to all of us at Floyd’s 99 Holdings, LLC (“Us”, “We” or “Floyd’s”). When you use any of our websites (the “Site”) or mobile applications (the “App”, collectively with the Site the “Sites”) to perform certain activities such as find our store locations, book appointments, or submit job applications, we may collect information about you, including information that identifies you (“Personal Information”). This Privacy Policy is intended to help you understand: (A) what Personal Information we collect, how we collect it, how we use it, and how we share it, (B) the choices you have related to your Personal Information, and (C) how we protect your Personal Information, when you use the Sites. Please take a moment to review the terms of this Privacy Policy, which is incorporated into the Terms of Use. By accessing or using our Sites, you expressly agree that we may collect, process, and share your information (including Personal Information) consistent with this Privacy Notice and our Terms of Use. 

If you are a resident of California, please see our Supplemental Privacy Notice for California Residents, which provides additional information and disclosures. 

1. Information About Our Sites 
   The Sites enable you to interact with us in several different ways. For example, you may use the Sites to make an appointment at one of our locations or with your favorite stylist, purchase merchandise and product, browse the latest hair tips, start a new career with us, or even start the process to owning your own Floyd’s 99 franchise.  From time to time, we may even include links to special promotions, sweepstakes, giveaways, events or third-party partnerships.

2. Information We Collect
   
   • When you interact with our Sites or use the Sites, we may collect the following types of information:
     
     • Personal Information  
     • Payment Information 
     • Location Information 
     • Chat Information 
     • Usage Information
       
   • Depending on how you use the Sites, you may provide any of the following types of Personal Information to us:
     
     • Name; 
     • Email Address; 
     • Home Address; 
     • Business Address; 
     • Phone Number; and 
     • Company.
       
   • Payment Information
     We also collect the following types of information when you make a purchase via our Sites (“Payment Information”): 
     
     • Promo code 
     • Card Number 
     • Card Type; 
     • Expiration Month 
     • Expiration Year 
     • CVV Code 
       
       Please note that We use a secure, encrypted third-party payment provider to collect and process your payment, so even though it is provided by you via our Sites, We never see nor have access to your Payment Information.
       
   • Location Information 
     We may use your Internet Protocol (IP) address, which is the number automatically assigned to your computer whenever you access the Internet or GPS information from your mobile device to derive your general geographic area (“Geolocation Information”) to the zip code level. We use Geolocation Data to tailor the Sites to your needs, such as displaying your closest Floyd’s locations.  We will ask you for your consent prior to using your Location.
     
   • Usage Information 
     We may collect certain information automatically when you visit the Sites (“Usage Information”), including:
     
     • Your browser type and operating system; 
     • Your Internet Protocol (IP) address, which is the number automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area; 
     • Geolocation Information; 
     • Other unique identifiers, including mobile device identification numbers; 
     • Sites you visited before and after visiting the Sites; 
     • Pages you view and links you click on within the Sites; 
     • Information collected through cookies, web beacons, and other technologies; 
     • Information about your interactions with e-mail messages, such as the links clicked on and whether the messages were opened or forwarded; and 
     • Standard Server Log Information.
       
       Except to the extent required by applicable law, we do not consider Usage Information to be Personal Information. However, Usage Information may be combined with your Personal Information. To the extent that we combine Usage Information with your Personal Information, we will treat the combined information as Personal Information under this Privacy Notice. 

3. How We Collect Information 
   We may collect Personal information in the following ways:
   
   • From You 
     We may receive Personal Information directly from when you make an appointment, create an account, make a purchase, apply for a job, or request information about franchise opportunities. Additionally, you may be required to provide Personal Information when submitting inquiries to us through the chat functionality, email or otherwise contacting us.  
   • Through Other Technology 
     We, and third parties that we work with, may use automated means to collect Usage Information about you, your computer or other device that you used to access the Sites. These automated means include technologies such as cookies, web beacons, and similar technologies. These technologies help us analyze trends, administer the Sites, track your movements around the Sites, gather demographic information about our user base, and otherwise provide you with relevant content.  
   • Cookies and Tokens 
     Cookies are files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings on your device. Our Site may use HTTP cookies, HTML5 cookies, Flash cookies and other types of local storage (such as browser-based or plugin-based local storage). Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. You also may be able to delete your Flash cookies or adjust your Flash cookie settings by visiting the Adobe Flash Website Storage Settings Manager. Please note, however, that without cookies you may not be able to use all of the features of our Site. 
     
     Our cookies, tokens and similar technologies (collectively, “Tracking Technologies”) also are used for administering the Site, including without limitation, for authentication, to remember your settings, to customize the content and layout of the Site for you, to contact you about the Site, and to improve our internal operations and the content of our Site. To learn more about cookies and similar tracking technologies, and how they can affect your privacy, visit allaboutcookies.org. 
     
     You may be able to control the use of, or reject or disable, some Tracking Technologies at the individual browser level. If you reject or disable Tracking Technologies, you may still use our Sites, but your ability to use some features may be limited. We use Tracking Technologies to identify your device and keep track of your Internet session with our Sites. We also use Tracking Technologies that allow us to recognize your device when you return to the Site within a certain period of time (as determined by us in our sole discretion) and automatically log you back into your account with us. 
     
     To control which servers collect information by automated means, we may place tags on our Site called “web beacons.” Web beacons (sometimes called transparent GIFs, clear GIFs, or web bugs) are small strings of code that provide a way for us to deliver a small graphic image (usually invisible) on a web page or in an email. Web beacons can recognize certain types of information on your computer such as cookies, the time and date a page is viewed, and a description of the page where the web beacon is placed. We also may include web beacons in e-mail messages to record whether an email has been opened or whether certain links in such email have been clicked. 
     
     We may use third-party analytics sites, such as Google Analytics, to evaluate your use of the Sites, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information related to the Site. Google Analytics is a web analytics service provided by Google, Inc. (“Google”). Google Analytics places cookies on your computer to help the website analyze how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your use of the Site, compiling reports on website activity for website operators and providing other information relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html. 
   • Through “Just-in-Time” Disclosures 
     We may also provide “just-in-time” disclosures or additional information about our collection, use, and disclosure of Personal Information. These may supplement or clarify our privacy practices or may provide you with additional choices about how we process your Personal Information. 

4. How We Use Personal Information 
   We may use information that we collect from you for the following purposes: 
   • Providing the Sites to You 
     We may use Personal Information that we collect through your use of the Sites for numerous purposes, including to: 
     • Personalize the Sites to you; 
     • Respond to or fulfill any of your requests; 
     • Administer and manage your account; 
     • Authenticate your identity; 
     • Identify you when you sign in; 
     • Administer any contest or promotions, including winner notification and prize delivery; 
     • Communicate with you and respond to your questions and requests; and 
     • Improve the Sites. 
   • Compliance with Laws and Protection of Rights 
     We may use your Personal Information as necessary to comply with any applicable laws. We may also use your Personal Information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of our Service; to enforce or apply our online Terms of Use or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others.  

5. How We Share Personal Information  
   We may, without your consent, share Personal Information collected through our Site with third-party service providers who act for or on our behalf in providing the Site. These third-party service providers may need information about you to perform their functions. In cases of onward transfer of Personal Information of European Union or Swiss individuals received pursuant to the Privacy Shield (as defined below under the Privacy Shield section), We are responsible for ensuring that third parties use, protect, share such Personal Information consistent with this Privacy Notice. 
   
   We may also disclose your Personal Information to comply with laws, court orders or subpoenas, to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of our Site; to enforce or apply our online Terms of Use or other agreements; or to protect our own rights or property or the rights, property or safety of our users or others. We also may be required to disclose an individual’s personal information in response to a lawful request by public authorities, including to meet national security or law enforcement requirements. 

6. Communications with You 
   By registering for our Sites, you consent to receive regular communications from us. With your consent, we may communicate with you via email, mail, phone, text, or SMS message.
   
   • Texting and SMS Messaging Policy 
     You will have the option to opt-in to receive certain communications from us through text or SMS messages. By providing your express consent to receive text or SMS messages from us, you agree to our Terms of Use and acknowledge that you may receive alerts about your account, reminders to take certain actions, or details about new products and features.  
     
     To stop receiving text or SMS messages, you may reply to any messages with STOP. We may utilize software from third party contractors to facilitate our text or SMS communications.
     
   • Promotional Emails 
     We may send you promotional emails about our Sites, locations, or other materials that we believe may be of interest to you. If required by applicable law, we will obtain your consent before sending you marketing emails. You may unsubscribe from communications from promotional communications by clicking the link at the bottom of any promotional email, through your preferences on the Site. 

7. Your Choices 
   We respect your right to make choices about the ways we collect, use and share your Personal Information. Discussed above are choices you have about delivery of cookies to your computer through our Service. In addition, we will sometimes ask you to indicate your choices at the time we collect your Personal Information. For example, we may provide you with an opportunity to “opt in” or “opt out” of receiving certain communications from us. In addition, we include an “unsubscribe” link in electronic newsletters or promotional e-mails we send you, so that you can inform us if you no longer wish to receive such communications from us. When making a request under this section, we may ask you for additional information to verify your identity. We may limit or deny your request if the law permits or requires us to do so or if we are unable to verify your identity. We will respond to you within a reasonable time and, in any case, within the time limits established by applicable law.  

8. Notice to European Union Residents  
   The following terms, obligations, and rights apply only to individuals residing in the European Union (“EU”) or Switzerland if and to the extent we make our Sites available to those individuals.
   
   • Legal Basis for Processing Information
     
     If you are located in the EU or Switzerland, we require that you give your prior consent, which you may withdraw at any time prior to collecting any Personal Information from you (such as for marketing purposes or other purposes we obtain your consent for from time to time); 
     
     If you have any questions about, or would like further information concerning, the legal basis on which we collect and use your Personal Information, please contact us by emailing contactus@floydsbarbershop.com 
     
   • Rights Under the General Data Protection Regulation 
     
     If you are located in the EU or Switzerland, you have the following rights in respect of your Personal Information that we hold:
     
     • Right of access. The right to obtain access to your Personal Information. 
     • Right to rectification. The right to obtain rectification of your Personal Information without undue delay where that Personal Information is inaccurate or incomplete. 
     • Right to erasure. The right to obtain the erasure of your Personal Information without undue delay in certain circumstances, such as where the Personal Information is no longer necessary in relation to the purposes for which it was collected or processed. 
     • Right to restriction. The right to obtain the restriction of the processing undertaken by us on your Personal Information in certain circumstances, such as where the accuracy of the Personal Information is contested by you, for a period enabling us to verify the accuracy of that Personal Information. 
     • Right to portability. The right to portability allows you to move, copy, or transfer Personal Information easily from one organization to another. 
     • Right to object. You have a right to object to processing based on legitimate interests and direct marketing. 
       
       If you wish to exercise one of these rights, please submit a request to contactus@floydsbarbershop.com. Before acting on your request, we may request additional information to verify your identity. Please note that we may be legally or contractually prohibited from acting on your request. For example, if a statute requires that we retain elements of your Personal Information. If this is the case, we will respond to your request with an explanation and, if applicable, additional steps you can take. 
       
       You also have the right to lodge a complaint to your local data protection authority. Further information about how to contact your local data protection authority is available at http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. 
       
   • Obligations to Data Protection Authorities (“DPAs”) 
     
     We will respond diligently and appropriately to requests from DPAs about this Policy or compliance with applicable data protection privacy laws and regulations. We will, upon request, provide DPAs with names and contact details of the individuals designated to handle this process. With regard to transfers of Personal Information, we will (i) cooperate with inquiries from the DPA responsible for the entity exporting the data, and (ii) respect its decisions, consistent with applicable law and due process rights. With regard to transfers of data to third parties, we will comply with DPAs’ decisions relating to it and cooperate with all DPAs in accordance with applicable legislation.
     
   • Contacting Our Data Protection Officer 
     
     To contact our designated Data Protection Officer, please send an email to contactus@floydsbarbershop.com.  

9. Notice to California Residents 
   
   We comply with the California Consumer Privacy Act (“CCPA”). If you are a resident of California you have following additional rights available to you, including: 
    
   • The right to access your Personal Information; 
   • The right to obtain your Personal Information in a portable format; 
   • The right to have your Personal Information deleted from our databases; and 
   • The right to refuse us the right to sell your Personal Information; 
     
     If you would like to make any requests under the CCPA, please use email us at contactus@floydsbarbershop.com.  
     
     California law permits users of our Site who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please use our Individual Data Rights Request form or write to us at: 
     
     Floyd’s 99 Holdings, LLC 
     7900 E. Berry Place,  
     Greenwood Village, Colorado 80111 
     
     We will provide a list of the categories of Personal Information, if any, disclosed to third parties during the immediately preceding calendar year for third-party direct marketing purposes, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the email or postal address specified above. Please include “California Privacy Rights” in the subject line and in your request. You must provide us with specific information regarding yourself so that we can accurately respond to the request.  
     
     The Site collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). In particular, our Sites have collected the following categories of Personal Information from its consumers within the last twelve (12) months:
     

  In the preceding twelve (12) months, we have disclosed the following categories of Personal Information for a business purpose:  

• Category A – Identifiers. 
• Category B – Personal information categories listed in the California Customer Records statute. 
• Category D – Commercial information. 
• Category F – Internet or other similar network activity. 
• Category G – Geolocation data. 
• Category I – Professional or employment-related information. 

We do not resell Personal Information that we collect from any consumer. 

If you are 16 years of age or older, you may direct us to not sell your Personal Information at any time. We do not sell the Personal Information of consumers we know are less than 16 years of age, unless we receive affirmative authorization from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. If you or your parent or guardian choose to opt-in to Personal Information sales, you or your parent or guardian may still opt-out of future sales at any time. To opt-out, you (or your authorized representative) may submit a request to us at contactus@floydsbarbershop.com. 

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize Personal Information sales. We will only use Personal Information provided in an opt-out request to review and comply with the request. 

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not: 

• Deny you goods or Site. 
• Charge you different prices or rates for goods or Site. 
• Provide you a different level or quality of goods or 
• Suggest that you may receive a different price or rate for goods or Site or a different level or quality of goods or 

 However, we may offer and you may consent to receive certain incentives permitted by the CCPA. Any CCPA-permitted incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. You may revoke your consent to participate or receive such financial incentive at any time.  

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you: (A) the categories of Personal Information we collected about you; (B) the categories of sources for the Personal Information we collected about you; (C) our business or commercial purpose for collecting or selling that Personal Information; (D) the categories of third parties with whom we share that Personal Information; (E) the specific pieces of Personal Information we collected about you (also called a data portability request). If we sold or disclosed your Personal Information for a business purpose, we will provide you with two separate lists disclosing such sales or disclosures, identifying the Personal Information categories that each category of recipient purchased or otherwise obtained.   

You have the right to request that we delete any of your own Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. 

An exception to your request may apply if retaining the information is necessary for us or our service provider(s) to: 

• Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you. 
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities. 
• Debug products to identify and repair errors that impair existing intended 
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law. 
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 etc.). 
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed 
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us. 
• Comply with a legal obligation. 
• Make other internal and lawful uses of that information that are compatible with the context in which you provided 

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: (A) provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and (B) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. 

  We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request. 

10. Do Not Track Signals 

We do not recognize or respond to browser-initiated Do Not Track signals.  

11. Data Protection 

1. In General 

We maintain reasonable administrative, physical, and technological measures to protect the confidentiality, privacy and security of your Personal Information, based on the nature of the information provided. Unfortunately, no website, server or database is completely secure or “hacker proof.” We therefore cannot guarantee that Personal Information you provide will not be disclosed, misused or lost by accident or by the unauthorized acts of others.  

2. Retention 

We retain Personal Information after we cease providing the Sites to you for the purpose of fraud monitoring, detection and prevention. We also retain Personal Information to comply with our tax, accounting, and financial reporting obligations, where we are required to retain the data by our contractual commitments. Where we retain data, we do so in accordance with any limitation periods and records retention obligations that are imposed by applicable law.  If you have consented to receive marketing materials from us, we will retain your Personal Information for as long as we have your consent to send you marketing materials. Additionally, we indefinitely retain data that is anonymized, de-identified, and/or aggregated in a manner that removes identifiable Personal Information from it. 

12. External Websites 

 Our Sites may contain links to other websites. Please be aware that we are not responsible for the privacy practices of other websites, regardless of whether the link was provided by us or posted by a user on the Sites.  

13. Children’s Information 

 You must be at least thirteen (13) years of age to access the Sites. We do not knowingly request or collect Personal Information from any person under the age of 13. If a user submitting Personal Information is suspected of being younger than 13 years of age, we will require the user to close his or her account, and we will also take steps to delete the information as soon as possible. If you know of any individuals under the age of 13 using the Sites, please email us at contactus@floydsbarbershop.com so we can take action to prevent such access. 

14. Contact us 

 If you have any questions about our privacy practices, please contact us either at contactus@floydsbarbers.com or by writing to us at:  

Floyd’s 99 Holdings, LLC 
7900 E. Berry Place,  
Greenwood Village, Colorado 80111  

15. Updates 

We may add features and/or functionality to our Sites which may involve collecting, using, or sharing Personal Information in new ways. To make you aware of these changes, we may update or revise this Privacy Policy. Accordingly, we reserve the right to update or modify this Privacy Policy at any time, without prior notice, by posting the revised version of this Privacy Policy on our Sites. Your continued use of our Sites after we have posted the revised Privacy Policy constitutes your agreement to be bound by the revised Privacy Policy. 

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