Privacy Policy

SMS/MMS MOBILE MESSAGE
MARKETING AND APP PROGRAM
TERMS AND CONDITIONS 
Famous Pizza, (hereinafter, “We,” “Us,” “Our”) is offering a mobile
messaging program (the “Program”), which you agree to use and
participate in subject to these Mobile Messaging Terms and
Conditions and Privacy Policy (the “Agreement”).  By opting in to
or participating in any of our Programs, you accept and agree to
these terms and conditions, including, without limitation, your
agreement to resolve any disputes with us through binding,
individual-only arbitration, as detailed in the “Dispute Resolution”
section below.  This Agreement is limited to the Program and is
not intended to modify other Terms and Conditions or Privacy
Policy that may govern the relationship between you and Us in
other contexts. 


User Opt In: The Program allows Users to receive SMS/MMS
mobile messages by affirmatively opting into the Program, such
as through online or application-based enrollment forms.
Regardless of the opt-in method you utilized to join the Program,
you agree that this Agreement applies to your participation in the
Program.  By participating in the Program, you agree to receive
autodialed or prerecorded marketing mobile messages at the
phone number associated with your opt-in, and you understand
that consent is not required to make any purchase from Us. 
While you consent to receive messages sent using an autodialer,
the foregoing shall not be interpreted to suggest or imply that any
or all of Our mobile messages are sent using an automatic
telephone dialing system (“ATDS” or “autodialer”).  Message and
data rates may apply.  



User Opt Out:  If you do not wish to continue participating in the
Program or no longer agree to this Agreement, you agree to reply
STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile
message from Us in order to opt out of the Program.  You may
receive an additional mobile message confirming your decision to
opt out. You understand and agree that the foregoing options are
the only reasonable methods of opting out.  You also understand
and agree that any other method of opting out, including, but not
limited to, texting words other than those set forth above or
verbally requesting one of our employees to remove you from our
list, is not a reasonable means of opting out. 


Duty to Notify and Indemnify:  If at any time you intend to stop
using the mobile telephone number that has been used to
subscribe to the Program, including canceling your service plan
or selling or transferring the phone number to another party, you
agree that you will complete the User Opt Out process set forth
above prior to ending your use of the mobile telephone number. 
You understand and agree that your agreement to do so is a
material part of these terms and conditions.  You further agree
that, if you discontinue the use of your mobile telephone number
without notifying Us of such change, you agree that you will be
responsible for all costs (including attorneys’ fees) and liabilities
incurred by Us, or any party that assists in the delivery of the
mobile messages, as a result of claims brought by individual(s)
who are later assigned that mobile telephone number.  This duty
and agreement shall survive any cancellation or termination of
your agreement to participate in any of our Programs. 

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND
HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY
RESULTING FROM YOUR FAILURE TO NOTIFY US OF A
CHANGE IN THE INFORMATION YOU HAVE PROVIDED,

INCLUDING ANY CLAIM OR LIABILITY UNDER THE
TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227,
et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY
REGULATIONS PROMULGATED THEREUNDER RESULTING
FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE
TELEPHONE NUMBER YOU PROVIDED. 


Program Description: Without limiting the scope of the Program,
users that opt into the Program can expect to receive messages
concerning the marketing and sale of food/dining. 


Cost and Frequency: Message and data rates may apply. The
Program involves recurring mobile messages, and additional
mobile messages may be sent periodically based on your
interaction with Us. 


Support Instructions: For support regarding the Program, email
us at famouspizzanbpt@gmail.com.  Please note that the use of
this email address is not an acceptable method of opting out of
the program. 


MMS Disclosure: The Program will send SMS TMs (terminating
messages) if your mobile device does not support MMS
messaging. 


Our Disclaimer of Warranty: The Program is offered on an “as-is”
basis and may not be available in all areas at all times and may
not continue to work in the event of product, software, coverage
or other changes made by your wireless carrier. We will not be
liable for any delays or failures in the receipt of any mobile

messages connected with this Program. Delivery of mobile
messages is subject to effective transmission from your wireless
service provider/network operator and is outside of Our control.
Famous Pizza is not liable for delayed or undelivered mobile
messages. 


Participant Requirements:  You must have a wireless device of
your own, capable of two-way messaging, be using a
participating wireless carrier, and be a wireless service subscriber
with text messaging service. Not all cellular phone providers
carry the necessary service to participate. Check your phone
capabilities for specific text messaging instructions. 
Age Restriction:  You may not use of engage with the Platform if
you are under thirteen (13) years of age.  If you use or engage
with the Platform and are between the ages of thirteen (13) and
eighteen (18) years of age, you must have your parent’s or legal
guardian’s permission to do so.  By using or engaging with the
Platform, you acknowledge and agree that you are not under the
age of thirteen (13) years, are between the ages of thirteen (13)
and eighteen (18) and have your parent’s or legal guardian’s
permission to use or engage with the Platform, or are of adult
age in your jurisdiction.  By using or engaging with the Platform,
you also acknowledge and agree that you are permitted by your
jurisdiction’s Applicable Law to use and/or engage with the
Platform. 
Prohibited Content:  You acknowledge and agree to not send any
prohibited content over the Platform.  Prohibited content
includes:
• Any fraudulent, libelous, defamatory, scandalous,

threatening, harassing, or stalking activity; 

• Objectionable content, including profanity, obscenity,
lasciviousness, violence, bigotry, hatred, and discrimination
on the basis of race, sex, religion, nationality, disability,
sexual orientation, or age; 

•    Pirated computer programs, viruses, worms, Trojan
horses, or other harmful code; 

•   Any product, service, or Fpromotion that is unlawful where
such product, service, or promotion thereof is received; 

•    Any content that implicates and/or references personal
health information that is protected by the Health Insurance
Portability and Accountability Act (“HIPAA”) or the Health
Information Technology for Economic and Clinical Health
Act (“HITEC” Act); and 

•   Any other content that is prohibited by Applicable Law in
the jurisdiction from which the message is sent. 



Dispute Resolution: In the event that there is a dispute, claim, or
controversy between you and Us, or between you and Famous
Pizza, FoodTec Solutions or any other third-party service provider
acting on Our behalf to transmit the mobile messages within the
scope of the Program, arising out of or relating to federal or state
statutory claims, common law claims, this Agreement, or the
breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability
of this agreement to arbitrate, such dispute, claim, or controversy
will be, to the fullest extent permitted by law 


The parties agree to submit the dispute to binding arbitration in
accordance with the Commercial Arbitration Rules of the
American Arbitration Association (“AAA”) then in effect. Except
as otherwise provided herein, the arbitrator shall apply the
substantive laws of the Federal Judicial Circuit in which Famous
Pizza’s principle place of business is located, without regard to
its conflict of laws rules. Within ten (10) calendar days after the

arbitration demand is served upon a party, the parties must
jointly select an arbitrator with at least five years’ experience in
that capacity and who has knowledge of and experience with the
subject matter of the dispute.  If the parties do not agree on an
arbitrator within ten (10) calendar days, a party may petition the
AAA to appoint an arbitrator, who must satisfy the same
experience requirement. In the event of a dispute, the arbitrator
shall decide the enforceability and interpretation of this
arbitration agreement in accordance with the Federal Arbitration
Act (“FAA”).  The parties also agree that the AAA’s rules
governing Emergency Measures of Protection shall apply in lieu
of seeking emergency injunctive relief from a court. The decision
of the arbitrator shall be final and binding, and no party shall have
rights of appeal except for those provided in section 10 of the
FAA. Each party shall bear its share of the fees paid for the
arbitrator and the administration of the arbitration; however, the
arbitrator shall have the power to order one party to pay all or
any portion of such fees as part of a well-reasoned decision.  The
parties agree that the arbitrator shall have the authority to award
attorneys’ fees only to the extent expressly authorized by statute
or contract.  The arbitrator shall have no authority to award
punitive damages and each party hereby waives any right to seek
or recover punitive damages with respect to any dispute resolved
by arbitration. The parties agree to arbitrate solely on an
individual basis, and this agreement does not permit class
arbitration or any claims brought as a plaintiff or class member in
any class or representative arbitration proceeding.  Except as
may be required by law, neither a party nor the arbitrator may
disclose the existence, content, or results of any arbitration
without the prior written consent of both parties, unless to
protect or pursue a legal right.  If any term or provision of this
Section is invalid, illegal, or unenforceable in any jurisdiction,
such invalidity, illegality, or unenforceability shall not affect any
other term or provision of this Section or invalidate or render
unenforceable such term or provision in any other jurisdiction.  If
for any reason a dispute proceeds in court rather than in

arbitration, the parties hereby waive any right to a jury trial.  This
arbitration provision shall survive any cancellation or termination
of your agreement to participate in any of our Programs. 


Miscellaneous: You warrant and represent to Us that you have all
necessary rights, power, and authority to agree to these Terms
and perform your obligations hereunder, and nothing contained in
this Agreement or in the performance of such obligations will
place you in breach of any other contract or obligation. The
failure of either party to exercise in any respect any right provided
for herein will not be deemed a waiver of any further rights
hereunder. If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect and
enforceable. Any new features, changes, updates or
improvements of the Program shall be subject to this Agreement
unless explicitly stated otherwise in writing. We reserve the right
to change this Agreement from time to time. Any updates to this
Agreement shall be communicated to you. You acknowledge
your responsibility to review this Agreement from time to time
and to be aware of any such changes. By continuing to
participate in the Program after any such changes, you accept
this Agreement, as modified. 

Privacy Policy

This privacy policy has been compiled to better serve those who
are concerned with how their ‘Personally Identifiable
Information’ (PII) is being used online. PII, as described in US

privacy law and information security, is information that can be
used on its own or with other information to identify, contact, or
locate a single person, or to identify an individual in context.
Please read our privacy policy carefully to get a clear
understanding of how we collect, use, protect or otherwise
handle your Personally Identifiable Information in accordance
with our website.
What personal information do we collect from the people that
visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may
be asked to enter your name, email address, mailing address,
phone number, credit card information or other details to help
you with your experience.
When do we collect information?
We collect information from you when you place an order,
subscribe to a newsletter, respond to a survey, fill out a form or
enter information on our site.
How do we use your information?
We may use the information we collect from you when you
register, make a purchase, sign up for our newsletter, respond to
a survey or marketing communication, surf the website, or use
certain other site features in the following ways:
      • To personalize your experience and to allow us to deliver
the type of content and product offerings in which you are most
interested.
      • To improve our website in order to better serve you.
      • To allow us to better service you in responding to your
customer service requests.

      • To administer a contest, promotion, survey or other site
feature.
      • To quickly process your transactions.
      • To ask for ratings and reviews of services or products

Your personal information is contained behind secured networks
and is only accessible by a limited number of persons who have
special access rights to such systems, and are required to keep
the information confidential. In addition, all sensitive/credit
information you supply is encrypted via Secure Socket Layer
(SSL) technology.
We implement a variety of security measures when a user places
an order enters, submits, or accesses their information to
maintain the safety of your personal information.
All transactions are processed through a gateway provider and
are not stored or processed on our servers.
Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider
transfers to your computer’s hard drive through your Web
browser (if you allow) that enables the site’s or service provider’s
systems to recognize your browser and capture and remember
certain information. For instance, we use cookies to help us
remember and process the items in your shopping cart. They are
also used to help us understand your preferences based on
previous or current site activity, which enables us to provide you
with improved services. We also use cookies to help us compile
aggregate data about site traffic and site interaction so that we
can offer better site experiences and tools in the future.
We use cookies to:
      • Help remember and process the items in the shopping cart.
You can choose to have your computer warn you each time a
cookie is being sent, or you can choose to turn off all cookies.

You do this through your browser settings. Since browser is a
little different, look at your browser’s Help Menu to learn the
correct way to modify your cookies.
If you turn cookies off, Some of the features that make your site
experience more efficient may not function properly.It won’t
affect the user’s experience that make your site experience more
efficient and may not function properly.
Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties
your Personally Identifiable Information unless we provide users
with advance notice. This does not include website hosting
partners and other parties who assist us in operating our
website, conducting our business, or serving our users, so long
as those parties agree to keep this information confidential. We
may also release information when it’s release is appropriate to
comply with the law, enforce our site policies, or protect ours or
others’ rights, property or safety.
However, non-personally identifiable visitor information may be
provided to other parties for marketing, advertising, or other
uses.
Third-party links
Occasionally, at our discretion, we may include or offer third-
party products or services on our website. These third-party sites
have separate and independent privacy policies. We therefore
have no responsibility or liability for the content and activities of
these linked sites. Nonetheless, we seek to protect the integrity
of our site and welcome any feedback about these sites.
Google

We use Google AdSense Advertising on our website.
Google, as a third-party vendor, uses cookies to serve ads on our
site. Google’s use of the DART cookie enables it to serve ads to

our users based on previous visits to our site and other sites on
the Internet. Users may opt-out of the use of the DART cookie by
visiting the Google Ad and Content Network privacy policy.
We have implemented the following:
We, along with third-party vendors such as Google use first-party
cookies (such as the Google Analytics cookies) and third-party
cookies (such as the DoubleClick cookie) or other third-party
identifiers together to compile data regarding user interactions
with ad impressions and other ad service functions as they relate
to our website.
Opting out:
Users can set preferences for how Google advertises to you
using the Google Ad Settings page. Alternatively, you can opt out
by visiting the Network Advertising Initiative Opt Out page or by
using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial
websites and online services to post a privacy policy. The law’s
reach stretches well beyond California to require any person or
company in the United States (and conceivably the world) that
operates websites collecting Personally Identifiable Information
from California consumers to post a conspicuous privacy policy
on its website stating exactly the information being collected and
those individuals or companies with whom it is being shared.
– See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our
home page or as a minimum, on the first significant page after
entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can easily
be found on the page specified above.
You will be notified of any Privacy Policy changes:

      • On our Privacy Policy Page
Can change your personal information:
      • By logging in to your account
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies,
or use advertising when a Do Not Track (DNT) browser
mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral
tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from
children under the age of 13 years old, the Children’s Online
Privacy Protection Act (COPPA) puts parents in control. The
Federal Trade Commission, United States’ consumer protection
agency, enforces the COPPA Rule, which spells out what
operators of websites and online services must do to protect
children’s privacy and safety online.
We do not specifically market to children under the age of 13
years old.
Do we let third-parties, including ad networks or plug-ins collect
PII from children under 13?
Fair Information Practices
The Fair Information Practices Principles form the backbone of
privacy law in the United States and the concepts they include
have played a significant role in the development of data
protection laws around the globe. Understanding the Fair
Information Practice Principles and how they should be
implemented is critical to comply with the various privacy laws
that protect personal information.
In order to be in line with Fair Information Practices we will take
the following responsive action, should a data breach occur:
We will notify you via email
      • Within 7 business days

We will notify the users via in-site notification
We also agree to the Individual Redress Principle which requires
that individuals have the right to legally pursue enforceable rights
against data collectors and processors who fail to adhere to the
law. This principle requires not only that individuals have
enforceable rights against data users, but also that individuals
have recourse to courts or government agencies to investigate
and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial
email, establishes requirements for commercial messages, gives
recipients the right to have emails stopped from being sent to
them, and spells out tough penalties for violations.
We collect your email address in order to:
      • Send information, respond to inquiries, and/or other
requests or questions
      • Process orders and to send information and updates
pertaining to orders.
      • Send you additional information related to your product
and/or service
      • Market to our mailing list or continue to send emails to our
clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
      • Not use false or misleading subjects or email addresses.
      • Identify the message as an advertisement in some
reasonable way.
      • Include the physical address of our business or site
headquarters.
      • Monitor third-party email marketing services for compliance,
if one is used.
      • Honor opt-out/unsubscribe requests quickly.
      • Allow users to unsubscribe by using the link at the bottom
of each email.

If at any time you would like to unsubscribe from receiving future
emails, you can email us at
      • Follow the instructions at the bottom of each email.
and we will promptly remove you from ALL correspondence.
Contacting Us
If there are any questions regarding this privacy policy, you may
contact us using the information below.
https://famouspizzeria.com/
Famous Pizza
2 Storey Ave
Newburyport, Massachusetts
01950
Famouspizzanbpt@gmail.com