Privacy policy

Last Updated: May 18, 2026
Effective Date: May 8, 2025

This Privacy Policy (the “Policy”) details how Rocky Mountain Chocolate Factory, Inc. (“RMCF,” “we,” “us,” or “our”) collects, uses, processes, and transfers personal information it collects online as part of its business, including via the websites that link to this Policy (each a “Website”), as well as information collected offline such as when you contact us by phone or visit one of our stores. RMCF collects this information to provide services to its customers, franchisees, employees, or Website users (as applicable, “you”), and to improve the consumer experience in the markets in which it operates. Please read this Policy carefully to understand our policies and practices regarding your personal information and how we will treat it.

RMCF franchisees are separate business entities from RMCF, and this Policy does not apply to their collection or use of information, if any. This Policy does not apply to any third-party services or Websites to which our Website links, or to any service or site that does not link directly to this Policy.

Information We Collect

We collect information about you in a variety of ways depending on how you interact with us and our Websites, products, and services including:

From Website Visitors. If you visit our Website, we may collect and process personal information as set forth below.

▪ If you create an account or place an order on our Website, we may collect information such as your full name, email address, and street address (“Account Information”).

▪ If you fill out forms on our Website, for example inquiring about our services, downloading collaterals, signing up for events, providing feedback, or participating in our surveys, we will collect the personal information you provide in those forms (“Form Information”).

▪ If you apply for employment through our Website, we will collect information such as full name, address, government ID number*, professional or employment related information and education history (“Applicant Information”).

Where we collect sensitive information from you, we use this information to verify your identity and eligibility for employment.

From Potential Franchisees. If you apply to be our franchisee, either online or using a hard-copy form, we collect personal information from you such as: first name and last name; email address; Social Security Number*; physical address; professional/employment related information; and education history. We may also collect information about you from third parties, such as credit reports, suits, or legal actions against or involving you (including criminal cases), disability status*, and financial information like contingent liabilities and debt. All the foregoing is collectively “Franchisee Information”.

Where we collect sensitive information from you, we use this information to verify your identity.

From Third-Party Service Providers, Partners, or Franchisees. For the purposes of order fulfillment, we or our eCommerce service providers may collect and process personal information in addition to Account Information, such as phone number and payment method, if one of our franchisees or partners fulfills an order of yours through our portal (“Payment Information”).

From Applicants for Employment. If you apply for a job posting, or become an employee, we collect information necessary to process your application or retain you as an employee. This may include, among other things, the following information:

▪ First name and last name.
▪ Email address.
▪ Street address.
▪ Driver’s license number*.
▪ Education.
▪ Social security number*.
▪ Employment history (collectively “Applicant Information”).

Where we collect sensitive information from you, we use this information to verify your identity and eligibility for employment and, in some cases, to comply with applicable laws.

Automatically from Your Devices. When you visit our Website or interact with our services, we may collect personal information from your device (“Device Information”):

▪ When you browse our Website, we use cookies and similar tracking technologies to collect data about the services you use and how you use them which may include device-specific information. For more information about how certain websites use cookies and to update your preferences, please click the “Cookie Settings” link available in the footer of our website.

▪ We also participate in behavioral based advertising which means that a third party uses technology to collect information about your use of our website to that they can provide advertising about products and services tailored to your interests. That third party might also collect information over time and across different websites in order to serve advertisements on our website, or on other websites. For more information about how certain websites use cookies and to update your preferences, please click the “Cookie Settings” link available in the footer of our website.

▪ We also collect usage data on how our Website is being browsed and used, such as your browser application, browser version, pages visited, your computer’s Internet Protocol (IP) address, date and time of visit, time spent on individual pages, and type of device.

▪ We may also collect device locations, including specific geographic locations*, such as through GPS, Bluetooth, or Wi-Fi signals.

Aggregate Information. In addition to the foregoing, we reserve the right to create data based on or derived from any of the personal information or data that we collect. So long as such data is anonymized so that it may not reasonably be used to identify an individual (“Aggregate Information”), we own such Aggregate Information and may use it for any purpose, internal or external, in perpetuity and throughout the world. To the extent we maintain and use personal information in a deidentified form, we will not attempt to reidentify the information, except for the purpose of determining whether our deidentification processes satisfy our legal obligations.

Note any data element above with an * next to it means the information collected is considered sensitive. We do not use sensitive information for any purposes that are not identified within applicable laws. We do not “sell” or “share” sensitive personal information for purposes of cross-context behavioral advertising, as those terms are defined under California law.

How We Use Your Personal Information

In addition to the purposes listed above, we use the personal information we collect for a variety of business purposes, including to carry out and improve the purchasing process, to evaluate potential franchisees, to make hiring decisions, and to improve the goods and services we offer to our customers.

The following are examples of how we use your personal information:

▪ We may use your Account Information and Payment Information to complete transactions you request (i.e., to deliver chocolate and other goodies to you);

▪ We may use your Account Information, Form Information, Device Information, and Franchisee Information to track and understand our customer demographics; understand consumer preferences, interests, and buying patterns; inform consumers about products, sales, and promotions; understand buying patterns based on geographical location; and provide relevant advertising based on consumer location;

▪ We may use your Device Information and Account Information to track new and returning visitors to our Website; to track and understand how consumers use our Website; to monitor our Website performance and fine-tune our offerings; to monitor and protect against malicious or illicit activity; and to comply with and assess compliance with applicable laws, rules and regulations, and internal policies and procedures;

▪ We may use your Form Information and Account Information to communicate with you in response to queries submitted via online forms;

▪ We use your Franchisee Information to evaluate franchise applicants, communicate with them, effect transactions with Franchisees, and perform our obligations as franchisor;

▪ We use Applicant Information for our own internal hiring decisions.

How We Share Your Personal Information

To improve our business processes and provide the best goods and services to our customers, we may disclose information to third parties. The following list provides examples of situations where we may transfer or disclose personal information:

▪ With respect to our franchisees and franchise applicants, we may disclose Franchisee Information to perform criminal background checks, to review financial and banking history, to confirm the accuracy of information provided to us on application forms, to ensure compliance with our franchisee standards, to manage applications, and for other business purposes.

▪ We may share information with our corporate affiliates (e.g., parent company, sister companies, subsidiaries, joint ventures, or other companies under common control).

▪ We may use service providers who help with parts of our Website and operation of our business (e.g., payment processing, fraud prevention, technology services, marketing) and with whom we may share your personal information. We endeavor via contract to limit our service providers’ use of such information to personal information necessary to assist us with the operation of our business and not for their own benefit. For example, we may share Account Information with our third-party marketing partner to market our goods or services to you; or Account and Payment Information with our eCommerce and loyalty program service providers to complete transactions you request; or Device Information with our security or advertising service providers.

▪ We may share personal information with law enforcement, government officials, or other third parties to the extent we believe applicable law requires our sharing or such sharing is appropriate to protect our rights, your rights, or the rights of others.

▪ We may share personal information to manage any proposed sale, financing, restructuring, transfer, or merger of any or all part(s) of our business, including during the negotiation stage to respond to queries from the prospective buyer, lender, investor, or merging organization.

▪ We may share personal information with other third parties with your consent or direction to do so.

▪ We may share your order information with franchisees and payment processors with your consent or to complete the transaction(s) you request.

▪ Notwithstanding anything above, text messaging originator opt-in data and consent information will not be shared with any third parties.

The table below provides a more detailed description of the categories of personal information we collect, disclose for a business purpose, and “share” for behavioral advertising purposes. Please note, in addition to the recipients identified below, we may disclose any of the categories of personal information we collect with (1) government entities, as may be needed to comply with law or prevent illegal activity, and (2) professional services organizations, such as auditors and law firms. We do not “sell” your personal information for money.

 

Your Rights and Choices

Depending on where you live, your current jurisdiction, and applicable data protection laws, and subject to any relevant exemptions, you may be entitled to certain rights with regards to our processing of your personal information.

Access or Correction. You may be entitled to request that we confirm whether we process information about you. You may also be entitled to request that we disclose to you what personal information we have collected about you, the categories of sources from which the information was collected, the purposes of collecting the data, the categories of third parties we have shared the data with, and the categories of personal information that have been shared with third parties for a business purpose. You can review and request correction of any inaccurate personal information by notifying us through the Contact Information below or our webform. We may not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

List of Third-Party Recipients. You may request a list of specific third parties to which we have disclosed personal information. Please note, some jurisdictions also allow you to obtain a list of the categories of third parties to which we have disclosed personal information. You can find that information in the table above under the “How We Share Your Personal Information” section.

Opting Out of Targeted Advertising. You may opt-out of online tracking based targeted advertising (e.g., cookies) by clicking the cookie settings link here. You may also opt-out of other forms of targeted advertising by submitting a request as described below.

Portability. You have the right to request that we provide you a copy of, or access to, all or part of such personal information in structured, commonly used, and machine-readable format. You also have the right to request that we transmit this personal information to another controller, when technically feasible.

Deletion. You may have the right, subject to some exceptions, to request that we delete personal information about you that we have collected or maintain. We will not delete personal information about you when the information is required to fulfill a legal obligation, is necessary to exercise or defend legal claims, or where we are required or permitted to retain the information by law. For example, we cannot delete information about you while continuing to provide you with certain products and services or where we are legally required to retain certain information. This right is generally excluded from data kept for archival or back-up purposes.

California Shine the Light. If you are a California resident and would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing, please submit a written request to us using the information in the Contact Us section.

Online Tracking. We do not currently recognize the “Do Not Track” signal.

Please note, not all of the rights described above are absolute, and they do not apply in all circumstances. In some cases, we may limit or deny your request because the law permits or requires us to do so, or if we are unable to adequately verify your identity. We will not discriminate against individuals who exercise their privacy rights under applicable law.

Submitting a Request

To exercise your rights, click here.

Please note that to protect your information and the integrity of our services, we may need to verify your identity before processing your request. In some cases, we may need to collect additional information to verify your identity, such as the date of your last purchase and your email address. Following a request, we will use reasonable efforts to honor your request. If you are not satisfied with our response to your request, you may appeal our decision by sending us an email with the subject line “Appeal a Request Decision”.
Under some jurisdictions, you may exercise these rights yourself or you may designate an authorized agent to make these requests on your behalf. We may request that your authorized agent have written permission from you to make requests on your behalf and may need to verify your authorized agent’s identity. If you are an authorized agent, you must submit a copy of the written and sign authorization form attached here.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the storage of digital information and transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures related to information collected on the Website and stored on our servers. Where we are required by law to inform you of a breach, we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

Data Retention

In general, RMCF will retain your personal information for as long as necessary for the purposes for which we collect it.

In some instances, we may keep it longer:

▪ for as long as necessary to comply with any legal requirement;

▪ for backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures;

▪ for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies; or

▪ for data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable, indefinitely.

Contact Us

If you have additional questions about this Notice, how to exercise your rights , or need to access this privacy policy in an alternative format due to having a disability, please contact us using the below information or on the “Contact Us” page on our Website.

Rocky Mountain Chocolate Factory, Inc.
Attn: Data Privacy
265 Turner Drive
Durango, CO 81301
Phone: (970) 259-0554
Email: customerservice@rmcf.com

Changes to Our Privacy Policy

We may change this Policy at any time. If we make material changes to how we treat personal information, we will notify you by email, if applicable, to the email address specified, through a notice on our Website’s home page, and by updating the “Last Updated” date above. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Policy to check for any changes.

For more details about the cookies we use, visit our cookies information page.