Privacy Policy
This Privacy Policy describes the information collected through this website (“Site”), how that information is collected, and how the information collected is used and shared.
MAX Franchising, LLC. , d/b/a THE MAX Challenge™ (together with its affiliates, “MAX Challenge”) and its suppliers and franchisees may collect or receive the types of information described below in connection with your access to and use of the Site (together, “Collected Information”). This Privacy Policy is incorporated into and made a part of our Terms of Use.
By accessing or using the Site or by submitting your information you are entering into our Terms of Use. You agree on behalf of yourself and any organization or company that you represent (together, “you”) that you have read and understand this Privacy Policy. If you do not agree with this Privacy Policy, do not access or use the Site.
Your privacy is very important to us. If you have any questions or concerns about our use of your personal information or other information collected through the Site, please contact us using the contact information provided at the end of this Privacy Policy.
Revisions to this Privacy Policy
MAX Challenge reserves the right to revise, amend, and modify this Privacy Policy at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site or otherwise communicated to you. Your use of the Site after any changes are implemented constitutes your acknowledgement and acceptance of those changes.
Information We Collect and How We Collect It
The information that we may collect from or about you broadly falls into the following categories:
- Information that you voluntarily provide to us, for example, your contact information, payment information, user-generated content, and job applications.
- Information that we passively collect through your use of the Site, for example, data collected by the servers used to operate the Site/our website (e.g., IP addresses), data collected by cookies and other tracking technologies, location information, and data collected by analytics and advertising services.
Personal Information and Other Information You Provide
Personal Information: You can visit the Site without providing your personal information to us, but you will be required to provide your personal information to request information from us, to enroll with MAX Challenge, to purchase products using the Site, and to use certain other features of the Site. We will collect any personal information from or about you that you choose to provide to us, which information may include your name, physical address, email address, payment information, and telephone number. Personal information must be provided, for example, when creating your MAX Challenge account; to purchase products using the Site; when you submit a job application or career inquiry; when you provide User-Generated Content (as discussed below); to sign up for MAX Challenge’s newsletter; when you fill out forms or questionnaires on the Site; and when responding to communications from us (e.g., surveys, promotional offers, registration confirmations).
We will use your personal information as described below in this Privacy Policy, including to set up and administer your MAX Challenge account, to process your online orders, to process and communicate with you in connection with your requests, and to provide you with information and communications that you request or that we believe are relevant or may be of interest to you, subject in each case to your communications preferences, applicable laws, and the terms of this Privacy Policy.
When you voluntarily register with us, our affiliates or franchisees, you agree to provide information such as your name, email address and gender. Once you register, we will hold your information in the strictest of confidence.
Account and Trial Registration Information: To create an online MAX Challenge account or to sign up for a trial you will need to provide certain personal information, including your name and email address. The information collected from users during the registration process is used to manage user accounts and may be shared with our franchisees and other third parties as further discussed below.
Mailing List Information: By submitting your contact information, you agree to receive newsletters or promotions from us. We will use this information to provide you with promotional and other electronic communications. You may opt out of receiving promotional emails from us at any time by following the unsubscribe instructions contained in the applicable email. We may use third-party email providers to deliver these communications to you.
Shopping & Payment Information: Purchases of products made using the Site must be made by credit or debit card or via PayPal (where that option is available). All credit and debit card information is provided directly to our PCI-compliant third-party payment processor. To make a purchase using the Site, you will need to provide your name, address, email address, phone number, and credit or debit card type, number, expiration date, security code, and billing address.
If you place an order for someone else, such as an online gift order sent directly to a recipient, you will need to provide information about the recipient, such as the recipient’s name, address, and phone number. We will use the information you provide to process your order and we share that information with third parties for purposes of processing your order as discussed further below. Our payment processors may use your payment-related information in accordance with their privacy policies. We will maintain a record of the purchases that you make using the Site.
User-Generated Content: You are responsible for any comments, data, text, images, video, audio, and other content and material that you create, post, transmit, upload, publish, distribute, broadcast, submit, or otherwise provide via the Site, including by commenting on Site blog posts (together, “User-Generated Content”). User-Generated Content that you provide is posted on the Site at your own risk. We cannot guarantee that User-Generated Content you provide will not be viewed by unauthorized persons. You understand that, even after removal, copies of User-Generated Content you have provided may remain viewable in cached and archived pages and may have been copied or stored by Internet archives and other Site users. MAX Challenge will make User-Generated Content available to other users of the Site (as applicable and at its sole discretion) and will use and disclose User-Generated Content for the purpose for which it was provided as indicated at the point of collection. Please remember that any information you disclose in blog comments or other public areas of the Site will be accessible to other Site visitors. You should exercise caution when deciding to disclose personal information in these public areas. For more information on User-Generated Content, please review our Terms of Use.
Career Opportunities: If you submit a job application or career inquiry using the Site, we will collect your resume and all other information and materials that you provide in the course of making that submission. We may use submitted information and materials to evaluate your qualifications and to otherwise consider or respond to your inquiry. Your submission of an application or inquiry does not in any way require MAX Challenge to review your information or consider you for employment.
Franchise Inquiries: If you fill out an inquiry form on the Site with respect to MAX Challenge franchising opportunities, you will need to provide various information pertaining to the prospective franchisee, including your name, location, and contact information.
Voluntary Customer Surveys: We may periodically conduct online both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of products and services we offer and how we provide them to you.
We may take the information we receive from individuals responding to our customer surveys and combine and aggregate it with the responses of other customers, to create broader, generic responses to the survey questions. We will also use that aggregated information to improve the quality of our products and services and to develop new products and services. This aggregated (non-personal information) may be shared with third parties for these purposes.
Other Information We Collect
IP Addresses and Related Data: The servers used to operate and provide the Site may collect data pertaining to you and the equipment, software, and communication methods you use to access the Internet and the Site, including Internet protocol (“IP”) addresses assigned to the computers and other devices from where you access the Internet, your Internet service provider (ISP), your device ID number, your approximate geographic location, your web browser type, the pages you access on the Site, the websites you access before and after visiting the Site, the length of time you spend on the Site, date and time stamps, and clickstream data. MAX Challenge may use this information to administer the Site and its servers, to generate statistical information, to monitor and analyze Site traffic and usage patterns, to monitor and help prevent fraud, to investigate complaints and violations of our policies, and to improve the Site’s content and the products, services, materials, and other content that we describe or make available through the Site (see also how we use Google Analytics/analytics services as described below). We may combine this information with other Collected Information (including personal information) and information obtained from third parties for security reasons and to protect our rights or the rights of others as discussed below. The suppliers that we use to provide the Site may collect information about your visits to the Site and other websites. Some of this information may be collected using cookies and similar tracking technologies as explained further below under “Cookies and Other Tracking Technologies.”
Cookies and Other Tracking Technologies: The Site automatically uses cookies to track your use of the Site in order to facilitate and enhance the user experience on the Site and for other purposes as described below. A “cookie” is a small piece of information that is stored on your device’s hard drive by your web browser when you visit certain websites. We use cookies to track how you access and use the Site, to learn when and how users visit the Site, to learn how popular Site pages are and aren’t, to learn which search terms are used to find the Site, to learn which websites direct you to the Site, and to recognize Site users (whether or not the user has an online MAX Challenge account). We also use cookies to help display certain information on the Site and to improve your enjoyment of the Site, for example, by remembering your contact and other information when you access or use the Site, as well as for statistical purposes to improve the products and services we provide and to manage our telecommunications networks.
The Site may use both cookies that we implement and cookies implemented by our suppliers and other third parties, such as advertisers. We do not control third-party cookies or the information collected through them and expressly disclaim responsibility for information collected through them.
Most browsers automatically accept cookies. You can disable cookies but disabling cookies may impact your use and enjoyment of the Site. Most browsers allow users to manage cookies in the browser’s settings. For example, a browser may allow you to reject cookies from certain websites, reject certain types of cookies regardless of the website, reject or disable all cookies from all websites, and/or delete cookies stored previously. Some browsers also give you the option of being notified every time a cookie is sent to your browser by a website.
Changing your cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new computer, install a new browser, upgrade an existing browser, or alter or delete a browser’s cookie file.
The types of information collected by a cookie and the purposes for which that information is used depends on the type of cookie. By way of illustration, the types of information collected by the Site’s cookies and the purposes for which that information are used are described below. We may also combine information collected by cookies with other Collected Information.
- Operationally necessary cookies (also called essential cookies). These are cookies that are required for the operation of the Site. For example, these cookies are required to identify irregular website behavior, prevent fraudulent activity, and improve security. They also allow users of the Site to make use of its functions, for example, shopping carts, saved search, and similar functions. Without these cookies, services that you have requested cannot be provided.
- Functionality-related cookies. These cookies allow us to offer you enhanced functionality when accessing or using the Site. This may include to remembering choices you make, for example and as applicable, remembering your username, preferences, or settings, remembering if you reacted to something on or through the Site so that you are not asked to do it again, remembering if you have used any feature of the Site before, restricting the number of times you are shown a particular advertisement, remembering your location, and enabling social media components. As described above, you may disable functional cookies, but if you do so then various functions of the Site may be unavailable to you or may not work the way you want them to.
- Performance-related cookies (also called analytical cookies). These cookies assess the performance of the Site, including as part of our analytic practices to help us understand how visitors use and interact with the Site, for example, which pages on our websites users visit most often. These cookies also enable us to personalize content and remember your preferences. These cookies help us improve the way our websites work and provide a better, personalized user experience.
- Advertising or targeted cookies. These cookies record your visits to the Site, the pages you visit on the Site, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a particular website. MAX Challenge and its third-party advertising platforms or networks may use this information to make the Site, its content, and advertisements displayed on our websites more relevant to your interests (this is sometimes called “behavioral” or “targeted” advertising and is further discussed below). These cookies are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns.
The Site may also use the following types of tracking technologies: web beacons (also called clear GIFs), flash cookies, and pixels (also called pixel tags). A web beacon is a tiny graphic with a unique identifier that functions similar to how cookies function. However, in contrast to cookies, web beacons are embedded invisibly on websites. Flash cookies collect and store information about your use of a website and are commonly used for advertisements and videos. Pixels can be placed on websites or within emails to track your interactions with those websites and when emails are opened.
How We Respond to Do-Not-Track Signals: Due to the automatic collection of data using cookies as described above, we do not honor “do not track” requests.
Location Information: In addition to the approximate geographic location information collected as discussed above, we may, with your consent, access more specific location information to enhance the user experience and increase the usefulness of the Site. This includes geographical location information collected by device-based location services (including GPS data). You may choose to allow us to access your location by granting the Site access to your location when prompted or through your device’s location services settings. Company also uses the Google Maps API(s). Pursuant to the Google Maps APIs Terms of Service, use of this location feature is also subject to Google’s Privacy Policy. For information on how Google categorizes location information, please visit Types of location data used by Google. Both the Google Terms of Service and Google’s Privacy Policy are incorporated into this Privacy Policy by this reference.
Analytics: The Site uses third-party analytics tools (e.g., Google Analytics) to collect and process data about your use of the Site, including when you visit the Site, URLs of the websites that you visit prior to visiting the Site and when you visit those websites, and IP addresses assigned to the devices from where you access the Internet. Our analytics providers may set and read cookies to collect this data and your web browser will automatically send data collected by those cookies to our analytics providers. Our analytics providers use this data to provide us with reports that we will use to improve the Site’s structure and content. For more information on how Google uses this data, visit Google’s Privacy Policy and Google’s page on How Google uses data when you use our partners’ sites or apps. To prevent this data from being used by Google Analytics, follow the instructions to download and install the Google Analytics Opt-out Browser Add-on for each browser you use. Using the Google Analytics Opt-out Browser Add-on will not prevent MAX Challenge from using other analytics tools and will not prevent data from being sent to the Site itself or to Google. For more information about how Google Analytics uses cookies to measure user interactions on websites, visit Google Analytics Cookie Usage on Websites. You may disable cookies as discussed above, but that may impact your use and enjoyment of the Site.
Advertising Networks, Personalized Advertising, Remarketing, and Retargeting: From time to time the Site may use or participate in advertising networks and related advertising services that are managed and provided by third-party advertising servers, advertising agencies, technology vendors, and research firms, including advertising services provided by Facebook (sometimes referred to the Facebook “tracking pixel”). These services collect information about your visits to and interactions with the Site and other websites and will use that information to target advertisements for goods and services. The information collected may be associated with your personal information. These targeted advertisements may appear on the Site or on other websites. Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of web browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of the Site and other websites, the location of your Internet service provider, the date and time of a visit to a website, and other interactions between you and a website.
If you have a Facebook account but do not wish Facebook to collect data relating to you via the Site, we suggest that you: (a) hide social media platform plug-ins using an ad blocker; (b) always log off completely from Facebook before visiting other websites and delete all related cookies; and, (c) where the option is available, disable the advertising services and networks operated by Facebook.
Additionally, we may have enabled and implemented the following Google Analytics Advertising Features: Remarketing with Analytics, Demographics and Interest reporting, Campaign Manager integration, Display & Video 360 integration, Google Display Network (GDN) Impression Reporting, and Segments. Remarketing with Analytics uses Google Analytics cookies to serve advertisements to you across the Internet based on your visits to the Site. Demographics and Interest reporting uses a third-party cookie to collect information about our Site traffic by tracking users across websites and across time, which generates a report for us to better understand Site users. Campaign Manager integration allow us to view, analyze, and create remarketing lists using our Campaign Manager data in Google Analytics. Display & Video 360 integration allows us to create remarketing lists in Google Analytics and have those lists available in Display & Video 360. Google Display Network (“GDN”) Impression Reporting allows us to measure the impact of unclicked GDN Display ad impressions on website behavior and conversions. Segments allows us to isolate and analyze subsets of Site users by sorting our Google Analytics data. To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Site.
To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, please visit the National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Please remember that changing your settings with individual web browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads from time to time.
Our Social Media Pages: MAX Challenge is active on social media, including Facebook, Instagram, LinkedIn, Twitter, and YouTube. You may have the opportunity to comment on those social media platforms regarding MAX Challenge and the products and services we offer. MAX Challenge may post on the Site and its other websites and social media pages any comments or content that you post on our social media pages.
Embedded Content: The Site may incorporate content, including feeds, scripts embedded in the Site’s code, and visible content (e.g., videos), provided by third parties. In some cases, those third parties collect data about how you interact with their content. For example, YouTube may collect or otherwise have access to usage data on videos embedded on the Site as described in YouTube’s Privacy Policy.
How We Use and Share Collected Information
In addition to the uses and sharing described above, MAX Challenge and its suppliers may use and disclose Collected Information as described below. We do not use, sell, rent, or otherwise disclose Collected Information except as stated in this Privacy Policy and as required or permitted by applicable law.
Purpose Collected & Communication with You: We will use and share your personal information and other Collected Information for the purpose for which it was collected, for example, to process and communicate with you in connection with your requests and purchases, to consider and respond to job applications you have submitted, to administer MAX Challenge business activities, to provide customer support to Site users, to communicate with you in connection with your account, and to provide you with information and communications that you request. Your location information will be used to find a MAX Challenge location near you. We will make certain Collected Information, including User-Generated Content, available to other users of the Site as mentioned above. For example, if you comment on a MAX Challenge blog post, other Site visitors will be able to view and share that information.
We may use Collected Information to notify you of changes made to the Site (e.g., changes to our Terms of Use or this Privacy Policy) and to provide you with promotional materials and other communications as described above. If you send us an email inquiry, we will use your email address to respond to the email inquiry we receive. If you contact us for support or assistance in using the Site, we may use Collected Information to determine whether or not your system meets the minimum requirements needed to access and use the Site and otherwise to contact you regarding your request.
Sharing Collected Information with Our Suppliers: We may share Collected Information with suppliers as necessary for us to provide the Site and our products and services to you, to engage in the use and sharing of Collected Information as permitted by this Privacy Policy, and as may be otherwise required or permitted by applicable law. These suppliers include our Site management and hosting suppliers, cloud storage providers, IT security providers, payment processors, online storefront providers, order fulfillers, customer support providers, portal providers, marketing and public relations service providers, and email service suppliers. Our suppliers are authorized to and may use and disclose Collected Information as necessary for them to provide the applicable services to us and, as applicable, as provided by their own privacy policies as noted above.
Sharing Collected Information with our Franchisees: Each individual MAX Challenge location may be owned by a franchisee as a separate legal entity from us. As a result, Collected Information may be shared with those individual franchisee entities and locations at which you have inquired about services, signed up for services, or done business so that those locations can respond to your requests and provide products and services to you and for analytical and reporting purposes. In addition, information that you share with any individual location may be provided back to us and maintained by us as part of your MAX Challenge account.
Evaluation and Improvement of Our Services, User Demographics, and Aggregation: We may use and disclose Collected Information to customize Site content, promotional emails, and users’ browsing experience, to analyze, develop, and improve Site content and materials and products and services we make available (including the Site), to inform marketing and communication plans and strategies, to understand user demographics and preferences; and to evaluate Site user needs. We may also aggregate personal information and other Collected Information to create aggregate data on Site users that describes users as a group but does not reveal the identity of individual users. We may use aggregate data to understand Site users’ needs and Site usage patterns, to determine what kinds of products and services we can provide, and to improve and enrich our products, our services, and the Site.
We may provide aggregate information about our customers, Site users, Site traffic patterns, and related information to our affiliates, our franchisees, and other third parties. We may also combine Collected Information with other information in our possession for purposes of using information as described in this Privacy Policy.
Security and Protection of Rights: We may use and share Collected Information as required or permitted to respond to subpoenas, court orders, valid law enforcement requests, and other legal process, as well as to establish or exercise our legal rights or defend against legal claims if we believe doing so is necessary, including sharing information necessary in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of MAX Challenge’s terms of use, identify, contact, or bring legal action in the event of a violation of our contracts, terms, or policies, or as may be otherwise required or permitted by law.
Business Transactions: All Collected Information is exclusively the property of MAX Challenge but, if MAX Challenge undergoes a change in control, acquisition, merger, reorganization, or asset sale (in whole or in part), we may transfer, sell, share, or otherwise disclose Collected Information to the subsequent owner(s) or successor(s) of those transactions. We may also disclose Collected Information in connection with the evaluation of those transactions. Those owner(s), successor(s), and other recipients, as applicable, will be bound by this Privacy Policy as it applies to the information disclosed. Also, if MAX Challenge or any of its assets are acquired or if MAX Challenge goes out of business, enters bankruptcy, or goes through some other change in control or reorganization, Collected Information may be one of the assets transferred to or acquired by a third party.
With Your Consent: With your consent, we may use and share your personal information and other Collected Information in ways not specifically described in this Privacy Policy.
Children’s Privacy
The Site is not directed at children under 13 years of age. MAX Challenge does not knowingly collect or use information from children under 13 through the Site.
Data Security
MAX Challenge does not guarantee that loss, misuse, or alteration of Collected Information will not occur, but we have appropriate technical and organizational security measures in place to help protect against the loss, misuse, and alteration of information under our control, including Secure Sockets Layer (SSL) technology, which is used to encrypt information passed between our systems and your browser. The storage and communication of information can never be completely secure, so we do not guarantee that our security measures will prevent third parties from illegally obtaining this information, nor do we guarantee that communications or other information that you submit or that are otherwise provided to us will be completely secure. If you become aware of any breach of Site security or this Privacy Policy, please notify us via email at info@themaxchallenge.com immediately. If our security system is breached, we will notify you of the breach only if and to the extent required under applicable law.
Third-Party Websites and Services
The Site may link to, or be linked to, websites and services not maintained or controlled by MAX Challenge. MAX Challenge is not responsible for the privacy policies or practices of any third parties or any third-party websites or services. This Privacy Policy does not apply to any third-party websites or to any personal or other information that you may provide to third parties. You should read the privacy policy for each website that you visit.
Access from Outside the United States
If you are accessing or using the Site from outside the United States, please be aware that Collected Information may be transferred to, stored in, and processed in the United States (where our and our suppliers’ servers and databases are located and operated). The data protection and related laws and regulations of the United States might not be as comprehensive as those in the country from which you access the Site.
Contact Us
If you have any questions about this Privacy Policy or the practices described herein, you may contact us by email at info@themaxchallenge.com, or by mail:
200 US Highway 9 Suite 400
Manalapan, NJ 07726