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TABLE OF CONTENTS

PRIVACY POLICY
NOTICE
INFORMATION GATHERED USE, DISCLOSURE, AND SHARING OF INFORMATION NOTIFICATION OF CHANGES

PRIVACY POLICY

PLEASE READ. YOUR USE OF THIS WEB SITE IS SUBJECT TO THIS PRIVACY POLICY AND OUR TERMS OF SERVICE.

NOTICE

This web site ("Site") is owned and operated by Cookies by Design, Inc. This privacy policy ("Privacy Policy") applies to information that you provide to CBD via this Site, and/or by use of other services that may be provided by other means or media (collectively, the "Services"), including as set forth below and as defined in the applicable Terms of Service or other terms.

This Privacy Policy is intended to provide you notice of CBD's information management practices, including the types of information gathered, how it is used and safeguarded, and the degree to which you may control the maintenance and sharing of your information. Your use of any Services or this Site constitutes acceptance of this Privacy Policy and any other applicable terms. The Terms of Service for this Site are hereby incorporated by reference.

INFORMATION GATHERED

Personally Identifiable Information That We Collect

CBD respects your privacy and is committed to protecting personally identifiable information that you provide in connection with your use of this Site and Services. CBD does not gather information that personally identifies individuals except when you provide such information to us. For example, CBD will gather information about individuals when you submit an order, create a user account, submit a franchise application, subscribe to our e-mail newsletter, or participate in any special promotions or purchases on this Site.

Non-Personally Identifiable Information That We Collect

As part of the registration process for some Services, you may be asked to provide information that does not personally identify you. For example, you may be asked to provide information concerning how you heard about Cookies by Design, what state or city you are interested in doing business, and other similar types of information. This information is generally optional but may be included in your user account or potential franchisee profile. CBD requests this information to understand you better and to also bring to your attention new services, programs, or offers that may be of interest to you.

In many cases, CBD will automatically collect certain non-personally identifiable information about your use of this Site and Services. CBD might collect, among other things, information concerning the type of Internet browser or computer operating system you are using, the domain name of your Internet service provider, your "click path" through the Site or "click-through" from an e-mail, the Site or advertisement that was linked to or from the Site when you visited, and your IP address. To do this, CBD may use cookies and other technology (see below). Your use of our Site and Services, and information provided through these technologies, will be anonymous unless you provide us with personally identifiable information or have provided such information in the past.

Information about Other People

Some of the Services on the Site may ask you to submit personally identifiable information about other people. For example, you might submit a person's name and other personally identifiable information if you purchase a product and have it sent directly to the recipient. A record of that transaction will be maintained as allowed and/or required by law. In addition, we will add the recipient's information to our marketing database in the event that they wish to order products from us or use our Services.

Orders and Purchases

You will be asked to provide certain personally identifiable information in order to purchase a Cookie Bouquet®, Cookie Basket or other Cookies by Design® products on the Site. This personally identifiable information will include your first name, last name, business name, address, city/locality, state/region, postal code, daytime phone, evening phone, e-mail address, credit card number, and shipping information (including the third party's name and address). This information will be used for billing purposes, processing of credit card transactions, filling product orders, and may be retained for record keeping and legal purposes along with the content of your order.

If you make a purchase on our Site or through our Services, CBD will collect your personally identifiable information, and you are deemed to consent to us providing your information to third parties who provide certain services such as processing of credit card transactions, customer service, and/or order fulfillment, as applicable. (As more fully described below in Use, Disclosure, and Sharing of Information - Personally Identifiable Information, these third parties are prohibited from using this information for their own marketing purposes and/or from sharing, selling, or otherwise distributing any personal data of our customers, unless you choose to opt in for such additional uses and/or disclosure by the third parties, under their respective privacy policies.)

User Accounts

You will be asked to create an account through a registration process in which you provide information identifying you to CBD's operating systems for the purpose of accessing or using certain Services ("User Account") in order to use certain Services. There is no cost to create a User Account. You will be asked to provide certain personally identifiable information about yourself, such as your e-mail address, a password, your first name or nickname, and your last name. If you are setting up a User Account for your business through our National Gift Program, then you will also be asked to provide your business name, address, telephone and facsimile numbers, and a copy of your logo (in jpg or gif format) if you wish us to include it on the products you purchase. You are responsible for maintaining and updating the registration information in your User Account with current and complete information. You may access, edit or remove your User Account by signing in to the Site and following the directions there. You can also send an e-mail to OrdersAdmin@cookiesbydesign.com and request deactivation of your User Account.

Franchise Applications

You will be asked to provide certain personally identifiable information in order to register with us if you are interested in pursuing a possible franchise opportunity for a Cookies by Design location. This personally identifiable information will include your first name, last name, company name, city/locality, state/region, postal code, telephone number, and e-mail address.

E-mail Messages and Newsletter

If you send an e-mail message to CBD or any of our locations, CBD may retain the content of that message, in addition to any response we send to you. The content and other information in or related to an e-mail sent to CBD may be used as a testimonial or for other marketing purposes. In addition, CBD may provide our locations aggregate statistics about our customers' traffic patterns and related Site information. We may also provide these statistics to reputable third parties for analysis; however, the statistics will not include personally identifiable information that allows them to identify you.

You will be asked to provide certain personally identifiable information in order to subscribe to our Cookiemail™ newsletters. This personally identifiable information will include your first name, last name and e-mail address. CookiEmail™ is sent to anyone who subscribes to our newsletter or provides their email address by requesting a catalog, registering for a franchise application, or placing an order through the Site or at one of our locations.

Special Promotions

You will be asked to provide certain personally identifiable information in order to participate in some Services such as sweepstakes, contests and surveys ("Special Promotions"). This personally identifiable information may include your first name, last name, mailing address, e-mail address, phone number, and date of birth. Your information may be collected by CBD or by a third party, such as a co-sponsor or a vendor involved in, or providing services in connection with a Special Promotion.

If you enter a sweepstakes or other Special Promotion on our Site or through our Services, CBD will collect your personally identifiable information, and you are deemed to consent to us providing your information to third parties who provide certain services such as processing of credit card transactions, customer service, promotion or sweepstakes administration, and/or delivery, as applicable. (As more fully described below in Use, Disclosure, and Sharing of Information - Personally Identifiable Information, these third parties are prohibited from using this information for their own marketing purposes and/or from sharing, selling, or otherwise distributing any personal data of our customers, unless you choose to opt in for such additional uses and/or disclosure by the third parties, under their respective privacy policies.)

If you enter a promotion (such as a sweepstakes) in which CBD is participating on a third party's web site (or through some other means or medium), we will collect your information from the third party only if you opt-in to receive additional communications from us, or we are required to fulfill some function in relation to your activity (i.e., to send your order or deliver a prize).

Information Collected by Other Means or Media

In some situations, we may also collect personally identifiable information and other information about you through other means, directly or indirectly. For example, if you provide information to other companies who share information about their customers, we may collect additional information about you. In these cases, CBD will apply this policy to any personally identifiable information obtained by other means or media.

Customer Service

Some Services may offer support and technical assistance through customer service centers via telephone or e-mail. Whenever you communicate with customer service, you do so with the understanding that an operator may view and make changes to the information in your User Account in order to provide the assistance that you need.

Cookies and Related Technology

The Site and some Services and advertisements may contain "cookies," clear gifs (also known as web beacons or web bugs), or similar technology. A cookie is a piece of data that is sent to your Internet browser, which will store the cookie on your computer if your browser is enabled to accept cookies. Web beacons assist in the delivery of cookies and the collection of non-personally identifiable information, such as "click path" and other data as described above.

CBD uses cookies, clear gifs, frames, server log analysis and other technologies as they are developed to customize your experience with our Site and Services.

Most Internet browsers will allow you to erase cookies from your computer hard drive, block acceptance of cookies, or receive a warning before a cookie is stored. You should refer to your browser instructions or "Help" screen to learn more about how to manage cookies. Please note, however, that if you block cookies, some portions of the Site and Services may not function properly.

CBD does not control cookies in third party ads, and visitors are encouraged to check the privacy policies of advertisers and/or ad services to learn about their use of cookies and other technology. The ads appearing on our Site may be delivered to you by third-party advertising companies. CBD's Privacy Policy does not cover the use of information collected from you by third party ad servers. These companies may use information (not including your name, address, e-mail address or telephone number) about your visits to this Site in order to provide advertisements on this Site and other web sites about goods and services that may be of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, please click here.

Special Notice Regarding Children

The Site is not directed specifically toward children and we do not knowingly collect personal information from persons under the age of 18 on the Site. However, CBD recognizes the sensitivity of personally identifiable information concerning children under the age of 18 and therefore provides this special notice. CBD is committed to complying with all applicable laws and regulations regarding children, including the application of the Children's Online Privacy Protection Act ("COPPA") for children under the age of 13. Except in limited circumstances allowed by COPPA, CBD will not knowingly collect, maintain, or disclose any personally identifiable information from a child under 13 without first obtaining consent from that child's parent or legal guardian.

If you are the parent or guardian of a child under 18, and your child would like to participate in certain Services, you should not allow them to place orders through this Site or send personal information to CBD without your permission. CBD encourages parents or guardians to supervise their children's online activities and consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment.

If you are the parent or guardian of a child under 13, and your child would like to participate in certain Services for which COPPA requires your consent (and CBD has chosen to make such Services available to children in this age group), your child will be prompted to print out a Parent/Guardian Consent Form for you to complete and deliver it to CBD. The form will list the information required from both parent/guardian and child, as well as the intended uses of the information. CBD will only collect information that is reasonably necessary for your child to participate, and CBD will not share your child's personally identifiable information with any third party (except for purposes of fulfillment by a third party that has agreed to protect the information in accordance with this Privacy Policy), unless you specifically consent, or as permitted by COPPA or other applicable law. You may also subsequently revoke your consent and request that your child's information be removed from CBD's active list. Please refer to the Parent/Guardian Consent Form for instructions and further information.

If you are a parent or guardian who has discovered that your child under the age of 13 (or 18) has submitted his or her personally identifiable information without your permission or consent, CBD will make reasonable efforts to remove the information from its active list, at your request. To request the removal of your child's information, please send an e-mail to OrdersAdmin@cookiesbydesign.com and be sure to include in your message the same name and/or e-mail address that your child submitted.


USE, DISCLOSURE, AND SHARING OF INFORMATION

Personally Identifiable Information

CBD uses information about you to deliver the Services that you request, to keep you informed about changes affecting our Services or your account, to inform you of other Services or offers in which you might be interested, and to improve and enhance our Site and Services. If you provide CBD with personally identifiable information, we will take all reasonable and appropriate steps to protect it from unauthorized disclosure.

If you opt in to receive e-mail from us, you can always opt out of future marketing messages by following the directions in each message to "unsubscribe." However, if you choose to opt out of marketing messages, we reserve the right to contact you regarding your account status, technical support, product information, changes to account terms, and any other matter that might affect our service to you and/or any products you purchased from us or registered with us, as applicable.

As stated in the Terms of Service, you will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site or Service, of any information about you contained in the applicable CBD database, if CBD or one of its companies assigns its rights and obligations regarding any of your information at the time of a merger, acquisition, or sale of all or substantially all of CBD's or such CBD company's assets related to the Site or Service to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Site or any related Service signifies your agreement to be bound by the Terms of Service and Privacy Policy of the Site's or Service's subsequent owner or operator.

The CBD companies may work together in order to provide portions of the Site and some Services (e.g., to fulfill prizes won in a sweepstakes, or to provide other support for a Service). These companies will handle your personally identifiable information in accordance with this Privacy Policy.

As stated above in Information Gathered – Special Promotions, CBD may also work with third parties to provide some Services on our Site. In connection with those Services, you are deemed to consent to us sharing your information with third parties who provide services such as processing of credit card transactions, customer service, promotion administration, order fulfillment and/or delivery, as applicable. Third parties who provide, or participate in, Services on the Site are prohibited from using our customers' personally identifiable information for marketing purposes and/or from sharing, selling, or otherwise using such information, unless you choose to opt in to marketing, sharing, or other uses by the third parties. If you do not want your information to be used for marketing (or other purposes unrelated to the provision of Services) by a third party who participates in a Service on our Site, do not opt in to such use by that third party when you register to participate in the Service.

Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

CBD will not share, sell, rent, or disclose any personally identifiable information that we have collected except as stated herein, or in the following instances: (i) we have been given your consent to disclose; (ii) we have previously informed you of the disclosure, including by means of our Privacy Policy or on the Site, or through the Service where you provided your information; (iii) we are required by law, legal process, or court order to disclose; (iv) disclosure is necessary to identify, contact, or bring legal action against someone who may cause or be causing harm to, or interference with, CBD's rights or property, other Site users, or anyone else; or (v) to respond to an inquiry, request or complaint that you have made. CBD may also use IP addresses in cooperation with Internet service providers to identify users if we deem it necessary to comply with law, to enforce compliance with this Privacy Policy or our Terms of Service, or to protect our Site, customers, or others.

Non-Personally Identifiable Information

From time to time, CBD may use and share with third parties aggregate, non-personally identifiable user information to show general demographic and preference information among users of this Site.

Your California Privacy Rights

(As provided by California Civil Code Section 1798.83)

A California resident who has provided personal information to a business with whom he/she has established a business relationship for personal, family, or household purposes ("California Customer") is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed.

However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing customer's personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy. Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right.

As stated in our Privacy Policy, we do not share information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure -- typically by opting in to receive information from a third party that is participating in a sweepstakes or other promotion on our Site. If you do ask us to share your information with a third party for its marketing purposes, we will only share information in connection with that specific promotion, as we do not share information with any third party on a continual basis. To prevent disclosure of your personal information for use in direct marketing by a third party, do not opt in to such use when you provide personally identifiable information on our Site. Please note that whenever you opt in to receive future communications from a third party, your information will be subject to the third party's privacy policy. If you later decide that you do not want that third party to use your information, you will need to contact the third party directly, as we have no control over how third parties use information. You should always review the privacy policy of any party that collects your information to determine how that entity will handle your information.

California Customers may request further information about our compliance with this law by e-mailing Legal@cookiesbydesign.com. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this e-mail address.

Our Commitment to Data Security

While CBD takes reasonable and appropriate precautions to protect your personally identifiable information from unauthorized disclosure and to prevent possible security breaches in our Site, Services, and customer databases, no web site, Internet transmission, computer system, or wireless connection is completely secure. Consequently, CBD cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the Site and Services is at your own risk. CBD urges you to take steps to keep your information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your User Account, and closing your web browser.

CBD will take commercially reasonable steps to protect the information by establishing a secure connection with your Web browser whenever you give CBD sensitive or confidential information (for example, credit card numbers for Purchases). CBD employs a security encryption technology known as secure sockets layer ("SSL") to protect the transmission of payment information (including credit card number, name and address) to the Site. Unless otherwise specified herein or on the Site where you make a Purchase, credit card numbers are used only for payment processing and are not retained for marketing purposes.

Hyperlinks To and From Other Sites

CBD's Site may frame, and/or contain links to, or advertisements about, non-CBD web sites. Other web sites may also reference, advertise, or link to the Site. CBD does not endorse or sponsor other web sites, is not responsible for the privacy practices or the content of non-CBD web sites, expressly disclaims any statements or assertions made on such web sites, and denies all liability associated with your use of, and the content on, such other web sites and advertisements.

Consent to Processing in the United States

By providing any personally identifiable information to CBD, all users, including, without limitation, users in the member states of the European Union, fully understand and unambiguously consent to this Privacy Policy and to the collection, storage, and processing of such information in the United States of America.

Contact Us Regarding Privacy

CBD is dedicated to protecting your personally identifiable information and welcomes questions and comments on this Privacy Policy. All questions or comments should be directed to the following coordinates:

Cookies by Design, Inc.
Attn: Legal Department
1865 Summit Avenue, Suite 605
Plano, TX 75074
Phone: 972-398-9536
E-Mail: Legal@cookiesbydesign.com


NOTIFICATION OF CHANGES

CBD reserves the right to change this Privacy Policy and its Terms of Service at any time. In case of any material change to the Privacy Policy, we will replace the "Privacy Policy" link on the home page of our Site with a link entitled "Updated Privacy Policy" for no less than 30 days. All changes to the Privacy Policy and/or Terms of Service will be effective when posted, and your continued use of the Site or Service after the posting will constitute acceptance of, and agreement to be bound by, those changes.

Effective Date: August 21, 2008

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