Privacy Statement

READ THIS PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEBSITE AND MOBILE APP.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND NO CLASS ACTIONS” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND HUNGRY HOWIE’S PIZZA & SUBS, INC., ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

General.

This statement describes how Hungry Howie’s Pizza ("Hungry Howie’s" or “our”) may use information collected from customers of its restaurants, delivery drivers, vendors, users of Hungry Howie’s website, and the Hungry Howie’s mobile app (each a “Site” and collectively the “Sites”). Hungry Howie’s reserves the right to change this Privacy Statement from time to time at its sole discretion and shall send electronic notice to you. The effective date of such change will be marked on any notice to you. Any changes will be effective as of the effective date of the change and will not affect any dispute arising prior to the effective date of the change.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES SHALL HUNGRY HOWIE’S OR ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM VIOLATION OF THIS PRIVACY STATEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW, OR $20.00, WHICHEVER IS LESS.

RELEASE.

YOU HEREBY RELEASE AND DISCHARGE HUNGRY HOWIE’S AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS FROM ANY AND ALL CLAIMS, LIABILITY, DEMANDS, JUDGMENTS, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND/OR ATTORNEYS’ FEES RELATING TO OR ARISING FROM YOUR USE OF OR ACCESS TO THE SITES, WHETHER KNOWN OR UNKNOWN. THIS RELEASE IS INTENDED TO APPLY EVEN IF THE CLAIMS, LIABILITY, DEMANDS, JUDGMENTS, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND/OR ATTORNEYS’ FEES ADDRESSED IN THIS PARAGRAPH RESULT FROM OUR OWN NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, VIOLATION OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT, STRICT LIABILITY, BREACH OF EXPRESS WARRANTY, BREACH OF IMPLIED WARRANTY, OR BREACH OF ANY OTHER COMMON LAW OR STATUTORY DUTY OR CAUSE OF ACTION. THIS PROVISION SHALL BE CONSTRUED FAIRLY AND REASONABLY AND NEITHER MORE STRONGLY FOR NOR MORE STRONGLY AGAINST YOU OR US. THIS RELEASE AND DISCHARGE DOES NOT APPLY TO ANY AND ALL CLAIMS, LIABILITY, DEMANDS, JUDGMENTS, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND/OR ATTORNEYS’ FEES RELATING TO OR ARISING FROM ANY EMPLOYMENT RELATIONSHIP BETWEEN EMPLOYEES OF HUNGRY HOWIE’S AND HUNGRY HOWIE’S.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

INDEMNITY AND RELEASE:

EXCEPT FOR EMPLOYEES, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM YOUR USE OF THE SITES OR ANY LINKED OR ASSOCIATED WEBSITE, LOCATION, OR SOURCE, INCLUDING WITHOUT LIMITATION YOUR POSTING OF MATERIALS ON OR THROUGH THE SITES, YOUR USE OF ANY OF THE TOOLS AND FEATURES AVAILABLE ON THE SITES, YOUR VIOLATION OF THIS PRIVACY STATEMENT, OR YOUR VIOLATION OF ANY THIRD PARTY RIGHTS.

ARBITRATION AND NO CLASS ACTIONS

EXCEPT AS SPECIFICALLY ALTERED BY THIS PRIVACY STATEMENT AND SUBJECT TO A CONSUMER’S OPTION TO BRING A CASE IN SMALL CLAIMS COURT AS PROVIDED BELOW AND EXCLUDING CLAIMS RELATING TO HUNGRY HOWIE’S EMPLOYEES, WE AGREE THAT ALL CLAIMS, BETWEEN YOU AND HUNGRY HOWIE’S PIZZA & SUBS, INC., ITS SUBSIDIARIES AND AFFILIATES, FRANCHISE OWNERS, INDEPENDENT CONTRACTORS OR THIRD PARTY PROVIDERS WILL BE RESOLVED BY FINAL BINDING, INDIVIDUAL ARBITRATION, PURSUANT TO THE FEDERAL ARBITRATION ACT AND IN ACCORDANCE WITH JAMS (“JAMS”). SUCH CLAIMS SHALL BE ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AS SUPPLEMENTED BY JAMS MASS ARBITRATION PROCEDURES AND GUIDELINES THEN IN EFFECT (“JAMS RULES”), EXCEPT AS MAY BE SPECIFICALLY ALTERED BY THIS PRIVACY STATEMENT. NEITHER YOU NOR HUNGRY HOWIE’S SHALL HAVE THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, OR REPRESENTATIVE, GENERAL ACTION OR ARBITRATION. IN THE EVENT OF AN IN-PERSON HEARING PURSUANT TO JAMS RULES, ARBITRATION SHALL TAKE PLACE: (A) IF YOU ARE A CONSUMER, THE DISPUTE INVOLVES A MONETARY LOSS, AND YOU OPT TO PURSUE A CLAIM IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS, THEN THE IN-PERSON HEARING SHALL TAKE PLACE IN THE COUNTY IN WHICH YOU RESIDED AT THE TIME OF THE DISPUTE OR (B) IN ALL OTHER CASES, IN OAKLAND COUNTY, MICHIGAN, OR AT THE OPTION OF THE PARTY SEEKING RELIEF, BY TELEPHONE, ONLINE, OR VIA WRITTEN SUBMISSIONS ALONE PURSUANT TO JAMS RULES.

The JAMS Rules and AAA Rules referenced in this Section are available from the applicable arbitration administrator and are also identified in Hungry Howie’s Global Terms of Use, which is incorporated into this Privacy Statement where referenced.

THE ARBITRAL TRIBUNAL SHALL BE COMPOSED OF ONE ARBITRATOR, WHO SHALL BE INDEPENDENT AND IMPARTIAL. IF THE PARTIES FAIL TO AGREE ON THE ARBITRAL TRIBUNAL WITHIN TWENTY (20) CALENDAR DAYS AFTER THE INITIATION OF AN ARBITRATION HEREUNDER, JAMS SHALL APPOINT THE ARBITRAL TRIBUNAL. THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE. THE DECISION OF THE ARBITRAL TRIBUNAL WILL BE FINAL AND BINDING ON THE PARTIES. JUDGMENT ON ANY AWARD(S) RENDERED BY THE ARBITRAL TRIBUNAL MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

EXCEPT IN THE CASE OF A CONSUMER DISPUTE AS MAY BE REQUIRED BY THE JAMS RULES GOVERNING CONSUMER MINIMUM STANDARDS FOR ARBITRATION PROCEDURES, THE PARTIES UNDERTAKE TO KEEP CONFIDENTIAL ALL AWARDS IN THEIR ARBITRATION, TOGETHER WITH ALL CONFIDENTIAL INFORMATION, ALL MATERIALS IN THE PROCEEDINGS CREATED FOR THE PURPOSE OF THE ARBITRATION AND ALL OTHER DOCUMENTS PRODUCED BY THE OTHER PARTY IN THE PROCEEDINGS AND NOT OTHERWISE IN THE PUBLIC DOMAIN, EXCEPT AND ONLY TO THE EXTENT THAT DISCLOSURE MAY BE REQUIRED OF A PARTY BY LEGAL DUTY, TO PROTECT OR PURSUE A LEGAL RIGHT OR TO ENFORCE OR CHALLENGE AN AWARD IN LEGAL PROCEEDINGS BEFORE A COURT OR OTHER JUDICIAL AUTHORITY.

THE ARBITRAL TRIBUNAL SHALL HAVE DISCRETION TO AWARD ALL FEES AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, TO THE PREVAILING PARTY, AS DETERMINED BY THE ARBITRAL TRIBUNAL, PROVIDED, HOWEVER, THAT IN THE CASE OF A CONSUMER DISPUTE, ANY AWARD OF FEES AND COSTS MUST ADHERE TO JAMS RULES ON CONSUMER MINIMUM STANDARDS FOR ARBITRATION PROCEDURES.

IF JAMS REFUSES OR CANNOT ADMINISTER AN ARBITRATION OR JAMS ARBITRATION IS FOR ANY REASON UNAVAILABLE, THIS SECTION SHALL APPLY IN ITS ENTIRETY, EXCEPT (i) ALL REFERENCES TO “JAMS” SHALL BE REPLACED BY “THE AMERICAN ARBITRATION ASSOCIATION” (“AAA”) AND (ii) ALL REFERENCES TO THE JAMS RULES ON COMPREHENSIVE ARBITRATION SHALL (a) IN NON-CONSUMER CASES BE REPLACED BY THE “AAA COMMERCIAL ARBITRATION RULES” OR, (b) IN CONSUMER CASES, SHALL BE REPLACED BY “AAA CONSUMER ARBITRATION RULES AS SUPPLEMENTED BY THE MASS ARBITRATION SUPPLEMENTARY RULES AND THE CONSUMER DUE PROCESS PROTOCOL” (“AAA RULES”). YOU MAY CHOOSE TO OPT OUT OF THE AGREEMENT TO ARBITRATE BY SENDING A WRITTEN OPT-OUT NOTICE (“NOTICE”) TO HUNGRY HOWIE’S. IF BY MAIL, THE NOTICE MUST BE SENT WITH FIRST CLASS POSTAGE PREPAID TO 30300 STEPHENSON HWY, SUITE 200, MADISON HEIGHTS, MI 48071, ATTENTION LEGAL DEPARTMENT. OR, IF BY EMAIL, EMAILED TO [email protected] WITH THE SUBJECT LINE “ARBITRATION OPT OUT”. NOTICES MUST INCLUDE YOUR FULL NAME, RESIDENTIAL ADDRESS, AND EMAIL ADDRESS (IF APPLICABLE). THESE PROCEDURES ARE THE ONLY MECHANISMS BY WHICH YOU CAN OPT OUT OF THE AGREEMENT TO ARBITRATE. OPTING OUT OF THE AGREEMENT TO ARBITRATE HAS NO EFFECT ON ANY OTHER PARTS OF THIS PRIVACY STATEMENT, OR ANY PREVIOUS OR FUTURE ARBITRATION AGREEMENTS THAT YOU HAVE ENTERED INTO WITH HUNGRY HOWIE’S. THE NOTICE MUST BE POSTMARKED OR EMAILED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THIS PRIVACY STATEMENT FOR THE FIRST TIME.

Despite the foregoing or anything to the contrary in this Section, if any court, arbitrator, or arbitration administrator determines that all or any part of the preceding sentence is unenforceable with respect to any Claim that otherwise would be subject to arbitration under this Section, then we and you agree that this Section will not apply to that Claim, and such Claim will be resolved in a judicial proceeding in (a) a consumer dispute in small claims court in the county in which you resided at the time of the dispute or (b) in all other instances in state court in Oakland County, Michigan.

Related Third Parties. For purposes of this Section only, this arbitration agreement applies to Claims involving the parties’ Related Third Parties. Your “Related Third Parties” include your heirs, successors, assigns, agents, representatives, and any person or entity asserting a Claim by, through, for the benefit of, or on behalf of you. Our “Related Third Parties” include our and our subsidiaries’ and affiliates’ respective successors, related entities, agents, employees, contractors, subcontractors, insurers, licensees, assignees, vendors, suppliers, service providers, technology providers, payment processors, fulfillment providers, and delivery-facilitation providers, including DoorDash, Inc. and its affiliates. This Section applies to Claims between you or your Related Third Parties, on the one hand, and us or our Related Third Parties, on the other hand, to the extent such Claims arise out of or relate to the Sites, this Privacy Statement, or any products or services made available, facilitated, supported, processed, fulfilled, or delivered in connection with the Sites. This Section is expressly intended to inure to the benefit of, and be enforceable by, any party to a Claim covered by this Section, including you, your Related Third Parties, us, and our Related Third Parties.

Pre-Arbitration Notice and Informal Dispute Resolution Conference. Before initiating any arbitration or court proceeding involving a Claim covered by this Section, the party asserting the Claim must first provide an individualized written notice of the Claim and participate in a good-faith informal dispute resolution conference by telephone or videoconference. The written notice must include the claimant’s full name, mailing address, email address, telephone number, any account, order, transaction, or loyalty-program information reasonably available, a description of the Claim, the legal and factual basis for the Claim, the relief sought, the amount in controversy, and the claimant’s personal signature. If the Claim is asserted against us or any Related Third Party, notice must be sent to the notice address or email address identified in this Privacy Statement or otherwise designated for legal notices. If the Claim is asserted by us or any Related Third Party, notice must be sent to the email address or mailing address associated with your account, order, or other interaction with the Sites. The informal dispute resolution conference must be individualized. Multiple claimants may not participate in the same conference unless all parties agree. If a party is represented by counsel, counsel may participate, but counsel may not substitute for the party’s personal participation. The conference must occur within sixty (60) days after receipt of a compliant notice, unless the parties agree to extend that period. The statute of limitations and any filing-fee deadlines shall be tolled from the date a compliant notice is received until the earlier of completion of the informal dispute resolution process or sixty (60) days after receipt of the notice, unless the parties agree to extend that period. An arbitrator shall dismiss any arbitration filed before the claimant has complied with this paragraph.

Authority to Decide Arbitrability. Except as provided in the next sentence, the arbitrator, and not any court, shall have exclusive authority to resolve any dispute regarding the interpretation, applicability, enforceability, formation, validity, scope, or arbitrability of this Section, including any claim that all or part of this Section is void or voidable. Notwithstanding the foregoing, any claim that all or part of the class, collective, consolidated, representative, mass, multi-claimant, private attorney general, or public injunctive relief waiver is unenforceable, unconscionable, invalid, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Severability and Stay. If any portion of this Section is found unenforceable, unlawful, void, or voidable, that portion shall be severed only to the extent necessary, and the remainder of this Section shall remain in full force and effect. If any Claim or request for relief cannot be arbitrated on an individual basis, then only that Claim or request for relief shall proceed in a court of competent jurisdiction, and all arbitrable Claims and requests for relief shall proceed first in individual arbitration. Any non-arbitrable Claim or request for relief shall be stayed pending completion of the individual arbitration, to the fullest extent permitted by law.

Mass Arbitration Procedures. If twenty-five (25) or more substantially similar arbitration demands are asserted against us or any Related Third Party by or with the assistance, coordination, or representation of the same law firm, group of law firms, organization, or coordinated counsel, those demands shall be treated as “Coordinated Claims.” Coordinated Claims shall be administered under the applicable mass arbitration procedures of the arbitration administrator, except to the extent this Section provides otherwise. Each claimant must personally sign the demand for arbitration and must pursue arbitration only on an individual basis. Any batching, staging, assignment to a single arbitrator, or other coordinated administration of Coordinated Claims is for administrative efficiency only and shall not authorize class, collective, consolidated, representative, mass, multi-claimant, or private attorney general arbitration. Each Claim shall remain an individual arbitration and shall be decided on its own facts and merits.

Effect of Opt-Out. Any valid opt-out from this Section applies only to this Section and does not affect any separate arbitration agreement, class action waiver, dispute-resolution provision, limitation of liability, release, defense, or other protection that may apply between you and any Franchise Owner, Third Party Provider, or Related Third Party.

Collection of Personal Information.

We may collect the following information from users who provide us this information in order to create an account, send emails and SMS and/or MMS messages, and/or from users or third parties relating to an order from Hungry Howie’s or any of its independently owned and operated franchised restaurants or food service providers: your name, your e-mail address, your phone number, your address, your credit card numbers, and your order history (“Personal Information”). We also collect Usage Data and Device Information (as defined below). If you are an employee (or applicant) or a delivery driver, we may collect additional information, as described below.

Hungry Howie’s policy is to prohibit the unlawful disclosure of your personal information, but HUNGRY HOWIE’S MAKES NO REPRESENTATION OR WARRANTIES REGARDING THE SECURITY OR PRIVACY OF INFORMATION THAT YOU MAY PROVIDE THROUGH THE SITES.

Hungry Howie’s conducts or assists its Franchise Operators with certain marketing or advertising. We also may use Third Party Providers to assist us in formulating, developing, implementing or executing these marketing or advertising efforts. Any information provided by you may be shared with our Franchise Operators or Third Party Providers (excluding text messaging originator opt-in data and consents; which information will not be shared with any third parties for their own uses). Hungry Howie’s, our Franchise Operators or Third Party Providers may contact any individual who has shared personally identifiable information with Hungry Howie’s for sales and marketing purposes, for feedback about Hungry Howie’s and its services, or for any other reason logically related to the operation of Hungry Howie’s business.

We may supplement the information we collect about you with outside records from third parties (including ordering and delivery services) in order to provide you with information, services, or goods you have requested, to enhance our ability to serve you, and to tailor our content to you. We may combine the information we receive from those other sources with information we collect. In those cases, we will apply this Privacy Statement to the combined information.

Delivery Technology Providers. 

We and our independently owned and operated franchisees may use third-party delivery management and dispatch technology providers, including Cartwheel, to support delivery operations, route optimization, driver dispatch, order status updates, and customer delivery tracking. When you use or interact with delivery-related features provided through these services, your information may also be collected, used, and disclosed by those providers in accordance with their own privacy policies. Cartwheel’s Privacy Policy is located here: https://trycartwheel.com/privacy-policy/

Delivery Driver Location Information. 

If you are a delivery driver using a third-party delivery management platform, including Cartwheel, in connection with Hungry Howie’s delivery services, precise location information from your mobile device may be collected while you are logged in, visible or available for deliveries, actively using the driver app, or otherwise using delivery-related functionality. This location information may be used to track your location, calculate distance from orders, optimize routes, assign or dispatch nearby orders, provide delivery status updates, support customer order tracking, assist with delivery operations, and help resolve delivery, safety, support, or compliance issues. Location information may be shared with the applicable franchisee or store operator, Hungry Howie’s, the delivery technology provider, dispatch personnel, and, where applicable, customers or order recipients for delivery tracking purposes. Drivers should follow the app’s procedures to go offline, turn off visibility or availability, and/or log out at the end of their shift to help prevent continued location tracking.

The purpose for collecting personal information from driers is so that you, as a delivery driver, may be tracked in real time by your employer during the course of your employment. You are responsible for making sure you login at the beginning of your shift and logout at the end of your shift. If you don’t log out, this means that your location may continue to be tracked and visible by your employer, Hungry Howie’s. and/or Cartwheel

You are only permitted to use third-party delivery management platforms, such as Cartwheel, (1) during the course of your employment with your employer; (2) in accordance with the conditions of your employment by your employer; and (3) in accordance with the Global Terms of Use (at https://www.hungryhowies.com/terms-use) and this Privacy Statement.

Nothing that we’ve stated above should infer that you are an employee of Hungry Howie’s.

RIGHTS OF ALABAMA, CALIFORNIA, COLORADO, INDIANA, NEBRASKA, OKLAHOMA, TEXAS, AND UTAH RESIDENTS

If you’re a resident of Alabama, California, Colorado, Indiana, Nebraska, Oklahoma, Texas, or Utah, there are additional conditions, rights, and responsibilities that may apply, so please CLICK HERE

DO NOT SELL MY PERSONAL INFORMATION

Online Technology & Usage Data.

The Sites’ technology can collect Usage Data. “Usage Data” may include but is not limited to the collection and use of the following by Hungry Howie’s:

• your access dates and times, your Site activity such as what pages or app features you viewed or used and any Site crashes, or other information about your computer configuration, such as your browser type, operating system, or ISP domain name;
• the site you last visited prior to visiting a Site or about your activity during your visit to a Site. This information may be used by Hungry Howie’s to administer the administrative, technical, and operational aspects of a Site, and may include using your IP address to help diagnose problems with our server.
• Your IP address may also be used to gather broad demographic information for aggregate use.

Hungry Howie’s may use cookies (a piece of data stored on the user's hard drive containing information about the user) to assist in performing some or all of these activities described in this Privacy Statement. You can set your browser to accept all, some, or no cookies. If you set your browser to reject all cookies, you may be limited in your ability to access some or all aspects of the Site or be required to re-enter information.

The website uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart This information is used to determine when to send cart reminder messages via SMS.

Mobile Devices & Device Information.

Hungry Howie’s technology may also collect Device Information from you. “Device Information” includes:

• the unique identifier (“Device Identifier”) for any computer, mobile phone, tablet or other device (any of which are referred to herein as a “Device”) used to access a Site or through use of the Hungry Howie’s mobile app. A Device Identifier is a number that is automatically assigned to your Device and may include your hardware model, operating system information, along with versions, software, language preferences, device motion information, and mobile network information. Our servers identify your Device by its Device Identifier and some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the Device used to access a Site or through use of the Hungry Howie’s mobile app;
• Your hardware model, operating system information, along with versions, software, language preferences, device motion information, and mobile network information.

In addition, for drivers who have logged in to third-party delivery management platforms, such as Cartwheel, such platforms may also collect geolocation data, including location enabled services such as WiFi and GPS. This data is provided to the location dispatching the driver and may also be provided to the customer for order-tracking purposes.

Personally Identifiable Information.

This Privacy Statement describes the categories of personally identifiable information (“PI Info”) that Hungry Howie’s collects in the Sites. Hungry Howie’s may gather PI Info from you when you run the Sites in the foreground (a Site is open and on-screen) or background (a Site is open but not on-screen). Hungry Howie’s may disclose PI Info you provide to third parties if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) complete the sales transaction, such as providing your order or payment to us or delivery information to a driver; (b) comply with legal process; (c) enforce the Terms of Use; (d) respond to claims that any information you provide violates the rights of third parties; (e) protect the rights, property, or personal safety of Hungry Howie’s, its users and/or the public; or (f) in relation to the sale, assignment, transfer or acquisition of all or substantially all of Hungry Howie’s assets or shares by a third party.

Hungry Howie’s shares PI Info of retail customers (including customers of Hungry Howie’s customers) – including name, purchase history, and last four digits of credit card – with analytics and marketing companies to help us learn about our customers and their preferences and provide tailored offers and advertising. These analytics and marketing companies may combine and enhance this personal information with other information such companies have – like demographic or psychographic information, other purchasing information, and contact information – to help provide analytics or advertising services.

If you wish to change PI Info that you have provided Hungry Howie’s, please see the “Contact Hungry Howie’s” section below.

Tracking.

Hungry Howie’s will not recognize Web browser “do not track” signals. If you would like additional information about online tracking and various opt-out mechanisms, please see https://youradchoices.com

Because Hungry Howie’s links to social media sites, and from time to time may include third-party advertisements, other parties may collect your PI Info about your online activities over time and across different web sites when you visit a Site.

Please note that not all tracking will stop even if you delete cookies.

Analytics and Advertisements.

For the purpose of enabling better website design and a better user experience, we employ Google Analytics (a web service by Google, Inc.) to track site traffic and provide aggregate reports of how the public interacts with the Sites. Session cookies are employed by Google Analytics in the form of client-side JavaScript code. In utilizing this analytics service, we maintain our existing standards in regard to the sharing and disclosure of information, security and privacy safeguards for the data, and the data retention policy, each described below. Google Analytics analyzes website usage information automatically upon visits to the Sites. Users who do not wish to have their visit information to our website collected by Google Analytics may opt-out by downloading a browser extension or by disabling cookies in their browser settings. Opting out of web measurements will still permit users to access the full services of the website with most included information and functionality. However, the preceding two sentences do not apply to services using our mobile app or the mobile apps of third-party providers. Users who do not wish to have their visit information collected by Google Analytics in such cases should not use our mobile app or the mobile apps of third-party providers.

In addition, we use Google AdWords, so we are advertising the Site(s) online through a form of tracking called remarketing, Third-party vendors, including Google, show our ads on various sites across the Internet, and use cookies to serve you ads based on your past visits to the Sites. You can opt out of Google’s use of cookies by visiting Google’s Ads Settings https://www.google.com/settings/ads/plugin. Alternatively, you can opt out of a third-party vendor’s use of cookies by visiting the Network Advertising Initiative opt-out page. http://www.networkadvertising.org/choices/.

Encryption.

Hungry Howie’s uses no encryption (data scrambling) on the Sites. When you are on any website that asks you for confidential information, you should check to see if the information being transmitted is encrypted in order to increase the security of your information. Keep in mind that there is no such thing as perfect security.

Linking Policy and Disclaimer of Endorsement.

Hungry Howie’s may link to other web sites created and maintained by other public and/or private organizations. Hungry Howie’s provides links to these sites as a service to our users. The presence of a link does not constitute Hungry Howie’s endorsement of such site. When users follow a link to an outside web site, they are leaving Hungry Howie’s and are subject to the policies of the owners/sponsors of the outside website(s). Hungry Howie’s is not responsible for the information collection practices of non-Hungry Howie’s sites.

Children's Online Privacy Protection Act ("COPPA").

Hungry Howie’s makes no active effort to collect personal information from children under the age of 13 and do not wish to receive any such information.

Additional Rights.

Applicable laws may give you additional rights that are not described in this online privacy statement.

Opt-Out.

If you want to "opt-out" of being contacted by Hungry Howie’s after you have shared your information, or you wish to correct the information you have provided, you may do so in one of three (3) ways:

• Send email to [email protected]; or,
• Call (248) 414-3300 and ask to speak to Customer Service; or
• Follow the opt-out instructions at the bottom of any marketing e-mail or SMS from Hungry Howie’s.

Contact Hungry Howie’s. If you wish to contact Hungry Howie’s to correct, amend, or delete information (if Hungry Howie’s is holding on to your information as explained above), about Privacy related issues or for any reason at all, you may do so by contacting Hungry Howie’s Customer Service at:

Mail to:

Privacy Policy c/o;
Hungry Howie’s Pizza & Subs, Inc.
30300 Stephenson Hwy.
Madison Heights, MI 48071

Email to: [email protected]; or

Phone to: (248) 414-3300 and ask to speak to Customer Service.

January 10, 2025

This section of the Privacy Statement applies exclusively to Alabama, California, Colorado, Indiana, Nebraska, Oklahoma, Texas, and Utah residents.

BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

RIGHT TO KNOW ABOUT PERSONAL INFORMATION COLLECTED, DISCLOSED, OR SOLD

Below are the categories of personal information that we collected and disclosed for a business purpose or shared with third parties in the past twelve (12) months.