Privacy Statement

Effective date: September 11, 2017

Last updated: December 1, 2024

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”). “Site” also includes HowieDrive. 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 SERVICES, WHETHER KNOWN OR UNKNOWN. THIS AGREEMENT 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 SITE OR ANY LINKED OR ASSOCIATED WEBSITE, LOCATION, OR SOURCE, INCLUDING WITHOUT LIMITATION YOUR POSTING OF MATERIALS ON OR THROUGH THE SITE (INCLUDING ANY LISTINGS AND ADVERTISEMENTS), YOUR USE OF ANY OF THE TOOLS AND FEATURES AVAILABLE ON THE SITE, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY THIRD PARTY RIGHTS.

ARBITRATION AND CLASS ACTION WAIVER.

EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF AND ANY CLAIMS RELATING TO HUNGRY HOWIE’S EMPLOYEES, WITH RESPECT TO CLAIMS RELATED TO THE SITE, INCLUDING ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE, ANY DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL DISPUTES, CLAIMS (WHETHER IN TORT, CONTRACT, STATUTORY OR OTHERWISE) OR DISAGREEMENTS CONCERNING THE EXISTENCE, BREACH, INTERPRETATION, APPLICATION OR TERMINATION OF THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND IN ACCORDANCE WITH JAMS (“JAMS”) AND ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES THEN IN EFFECT EXCEPT AS MAY BE SPECIFICALLY ALTERED BY THIS AGREEMENT. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS AND TAKE PLACE(A) WITH RESPECT TO CONSUMERS, IN THE COUNTY IN WHICH THE CONSUMER RESIDED AT THE TIME OF THE DISPUTE OR WITH RESPECT TO INDEPENDENT CONTRACTORS, VENDORS, OR OTHER THIRD-PARTY PROVIDERS, DETROIT, MICHIGAN, OR AT THE OPTION OF THE PARTY SEEKING RELIEF, BY TELEPHONE, ONLINE, OR VIA WRITTEN SUBMISSIONS ALONE IF PERMITTED BY THE ARBITRAL TRIBUNAL (“TRIBUNAL”). THE TRIBUNAL SHALL BE COMPOSED OF ONE ARBITRATOR, WHO SHALL BE INDEPENDENT AND IMPARTIAL. IF THE PARTIES FAIL TO AGREE ON THE TRIBUNAL WITHIN TWENTY (20) CALENDAR DAYS AFTER THE INITIATION OF AN ARBITRATION HEREUNDER, JAMS SHALL APPOINT THE TRIBUNAL. THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE. THE DECISION OF THE TRIBUNAL WILL BE FINAL AND BINDING ON THE PARTIES. JUDGMENT ON ANY AWARD(S) RENDERED BY THE TRIBUNAL MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. NOTHING IN THIS SECTION SHALL PREVENT EITHER PARTY FROM SEEKING IMMEDIATE INJUNCTIVE RELIEF FROM ANY COURT OF COMPETENT JURISDICTION, AND ANY SUCH REQUEST SHALL NOT BE DEEMED INCOMPATIBLE WITH THIS AGREEMENT TO ARBITRATE OR A WAIVER OF THE RIGHT TO ARBITRATE. THE PARTIES UNDERTAKE TO KEEP CONFIDENTIAL ALL AWARDS IN THE 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, SAVE AND 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 ARBITRATOR SHALL AWARD ALL FEES AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, TO THE PREVAILING PARTY AS DETERMINED BY THE TRIBUNAL.

YOU MAY CHOOSE TO OPT OUT OF THE AGREEMENT TO ARBITRATE BY MAILING A WRITTEN OPT-OUT NOTICE (“NOTICE”) TO HUNGRY HOWIE’S. THE NOTICE MUST BE POSTMARKED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME. THE NOTICE MUST BE MAILED TO 30300 STEPHENSON HWY., SUITE 200, MADISON HEIGHTS, MI 48071 TO THE ATTENTION OF LEGAL DEPARTMENT. THIS PROCEDURE IS THE ONLY MECHANISM 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 AGREEMENT, OR ANY PREVIOUS OR FUTURE ARBITRATION AGREEMENTS THAT YOU HAVE ENTERED INTO WITH HUNGRY HOWIE’S.

 If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the JAMS Rules in the county of your billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution. 

Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the JAMS Rules with the remainder paid by Hungry Howie’s. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the JAMS Rules. In such case, you agree to reimburse Hungry Howie’s for all monies previously disbursed by it that are otherwise your obligation to pay under the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

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.

If you are utilizing HowieDrive, and only when HowieDrive is running in the foreground or background of your mobile device, the definition of “Personal Information” shall also include:

• Login name (as you enter it)
• Store number
• Universal unique identifier
• Latitude
• Longitude
• TimeStamp.

The purpose for collecting personal information from HowieDrive 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 will continue to be tracked and visible by your employer and/or Hungry Howie’s.

You are only permitted to use HowieDrive (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. Hungry Howie’s will not retain the tracking data for more than 24 hours.

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

RIGHTS OF CALIFORNIA, COLORADO, TEXAS, AND UTAH RESIDENTS

If you’re a resident of California, Colorado, 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 HowieDrive, we 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.

• enforce the Terms of Use.
• respond to claims that any information you provide violates the rights of third parties.
• protect the rights, property, or personal safety of Hungry Howie’s or its employees, its users and/or the public; or
• in relation to the sale, assignment, transfer, or acquisition of all or substantially all our assets or shares by a third party.

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 unsubscibe@hungryhowies.com; 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: unsubcribe@hungryhowies.com; or

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

 September ___, 2024

Rights Of California, Colorado, Texas, and Utah Residents

(pulled from https://www.hungryhowies.com/rights-california-residents) 

Effective Date: September 11, 2017

Last updated: September 1, 2024

This section of the Privacy Statement applies exclusively to California, Colorado, 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.

Colorado & Utah Residents:
 

• Personal Data collected is Sold or processed for Targeted Advertising for the purpose of personalizing online advertising content, as otherwise described in this Privacy Statement.

   

California residents have the following rights:
 

• Access (“Right to Know”) including confirming whether we are processing personal data concerning you. 
• Correction, taking into account the nature of the personal data and the purposes of the processing of your personal data. 
• Deletion. [If you will delete Sensitive Data Inferences within twelve (12), a description of the Sensitive Data Inferences and the retention and deletion timeline for such Sensitive Data Inferences.]
• Data portability, to the extent technically feasible, readily usable format. a consumer may exercise this right no more than two times per calendar year. 
• [Opt-out of "Sale” or ”Sharing” to third parties or processing for Cross-Contextual Behavioral Advertising.]
• [Opt-out of sale to third parties or processing for Targeted Advertising.]
• Right to Limit the Use or Disclosure of Sensitive Personal Information

For Texas residents: Opt-out of (A) targeted advertising, (B) the sale of Personal Information, and (C) profiling in furtherance of a decision that produces a legal or similarly significant effect on employment opportunities. If you are a member of our loyalty program, we will honor your opt-out but may notify you that your opt-out conflicts with your participation in the loyalty program. We will provide you with the choice to confirm your opt-out privacy setting or participation in such program.

To submit a verifiable consumer request, please CLICK HERE to access our online request form. You’ll need to tell us who you are (a customer, employee, or vendor), tell us about your request (whether you want to access your personal information; request more information about how your personal information is collected, used and disclosed; delete your personal information; or do not sell your personal information), and provide personal information so that we can verify the request is coming from you (your first and last name, email address, phone number, and physical address).

We will need to verify your identity before processing your request, which may require us to request additional personal information from you via email or phone call. We will only use personal information provided in connection with a Consumer Rights Request to review and comply with the request.

Only you, or someone authorized to act on your behalf, may make a verifiable request related to your personal information. You may also make a verifiable request on behalf of your minor child. You may only make a verifiable request for access twice within a 12-month period.

The verifiable request must:
 

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorised representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable request does not require you to create an account with us.

We do not sell the personal information of minors under 16 years of age without affirmative authorization.

Notwithstanding the above, we may use information that does not identify you (including aggregate information or information that has been de-identified) without obligation to you except as prohibited by applicable law.

DISCLOSURE OF INFORMATION

We disclose information we collect in accordance with the practices described in our Privacy Statement. The categories of entities to whom we disclose and have shared information with in the last 12 months, include the following:

• Service Providers. We share information with entities that help us with taking and fulfilling your orders, maintaining and operating our Sites, payment processing, data analytics, marketing and advertising, and other business purposes. These companies may only use such information for the purpose of performing those functions and may not use it for any other purpose, although we may permit them to use aggregate information which does not identify you or de-identified data for any purpose except as prohibited by applicable law.
• Vendors. We share information with vendors and other entities in connection with tailoring advertisements, measuring and improving our Sites and advertising effectiveness, and enabling other enhancements. These companies may act as our service providers, or in certain contexts, independently decide how to process your information.
• Franchisees. We share information with our franchisees in connection with the services we provide to them. For example, we share information with franchisees in order to facilitate your orders, maintain and administer your online accounts, respond to your questions and comments, comply with your requests, market and advertise to you, facilitate services with respect to delivery drivers, and otherwise comply with applicable law. Our franchisees are independent entities and their processing of information is subject to their own privacy policies.
• Promotions. Our promotions may be jointly sponsored or offered by other entities, including our independently owned and operated franchisees. If you voluntarily choose to enter a promotion, we share information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law (e.g., on a winners list). By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice and/or likeness in advertising or marketing materials.
• Security and Compelled Disclosure. We must disclose information about you in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may share information about you in connection with legal requirements, such as in response to an authorized subpoena or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, or investigate fraud. We may also share information about you to defend the Terms of Use or other policies applicable to the Web Sites or if we believe your actions are inconsistent with our user agreements or policies. To the maximum extent permitted by applicable law, we may use IP addresses, mobile device identifiers or any other information we collect to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.
• Facilitating Requests. We share information at your request or direction, such as when you choose to share information with a social network about your activities on the Sites.

Notwithstanding the above, we may disclose aggregated or de-identified information for any purpose except as prohibited by applicable law.

RIGHT TO REQUEST DELETION OF PERSONAL INFORMATION.

You also have the right to request the deletion of the personal information you provided to Hungry Howie’s.

To submit a verifiable consumer request, please CLICK HERE to access our online request form You’ll need to tell us who you are (a customer, employee, or vendor), tell us about your request (whether you want to access your personal information; request more information about how your personal information is collected, used and disclosed; delete your personal information; or do not sell your personal information), and provide personal information so that we can verify the request is coming from you (your first and last name, email address, phone number, and physical address).

Alternatively, to submit a verifiable consumer request, you may call 866.502.3313. Please note that you must be a California resident to submit a request.

Only you, or someone authorized to act on your behalf, may make a verifiable request related to your personal information. You may also make a verifiable request on behalf of your minor child. You may only make a verifiable request for access twice within a 12-month period.

The verifiable request must:
 

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable request does not require you to create an account with us.

We will need to verify your identity before processing your request, which may require us to request additional personal information from you via email or phone call. We will only use personal information provided in connection with a Consumer Rights Request to review and comply with the request.

In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.

RIGHT TO OPT-OUT OF THE SALE OF PERSONAL INFORMATION.

To the extent Hungry Howie’s sells your personal information as the term "sell" is defined under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information by us to third parties at any time. You may submit a request to opt-out by clicking https://hh.clarip.com/dsr/create We do not have any actual knowledge that we sell the personal information of consumers under 16 years of age.

California residents may opt-out of sales via a user-enabled global privacy control (“GPC”). To learn more about the GPC, you can visit its website here. Additional information about the California Consumer Privacy Act is available here: https://oag.ca.gov/privacy/ccpa.

 [You may opt-out through a technology indicating your intent to opt out such as a web link indicating a preference in the Global Privacy Control. We will comply with an opt-out request received from a person authorized by you to act on your behalf if we are able to authenticate, with commercially reasonable effort, your identity and the authorized agent's authority to act on your behalf.]

[If you wish to consent (opt-in) to the processing of your personal data for purposes of targeted advertising or the sale of personal data, you can click here <link> and your choices will take precedence over any Universal Opt-Out Mechanism. You can choose to permit targeted advertising or the sale of personal data or both, as described in the chart above. You may withdraw your consent at any time by emailing donotsellmydata@hungryhowies.com or by going to your account and ___________________.]

RIGHT TO NON-DISCRIMINATION FOR THE EXERCISE OF A CONSUMER’S PRIVACY RIGHTS

You have the right not to receive discriminatory treatment by us for the exercise of any your rights.

AUTHORIZED AGENT
You can designate an authorized agent to submit requests on your behalf. However, during the request process, we will require the authorized agent to verify your identity, verify their identity, and provide written proof of the agent’s proof of authorization. This proof may be uploaded directly through the submission form.

Appeals

You may appeal our determination not to act on your request within a reasonable period after receipt of our notice. In order to appeal you must click here [link to Privacy Choices, Rights page, etc.]. We will inform you within 45 days after receipt of your request (extended by an additional 60 days where reasonably necessary, taking into account the complexity and number of requests serving as the basis for the appeal), and we will include a written explanation of the reasons in support of our response. If we require the 60-day extension, we will inform you within 45 days after receipt of the appeal, together with the reasons for the delay. You may contact the Colorado Attorney General if you have any concerns about the results of your appeal.

For TEXAS residents, how to appeal. IN THE EVENT WE DENY YOUR REQUEST, YOU MAY APPEAL OUR DECISION BY CLICKING HERE <LINK> TO COMPLETE OUR ONLINE FORM OR YOU MAY EMAIL ______________________. YOU MAY ALSO SUBMIT VIA EMAIL AT __________________  FOR ASSISTANCE. PLEASE NOTE FOR YOUR PROTECTION, CERTAIN REQUESTS SENT TO US WILL BE SUBJECT TO THE A VERIFICATION PROCEDURE THAT MAY REQUIRE YOU TO PROVIDE US WITH INFORMATION ABOUT YOU THAT WE HAVE IN OUR FILES. YOU CAN ALSO FILE A COMPLAINT WITH THE TEXAS ATTORNEY GENERAL HERE <https://oag.my.salesforce-sites.com/CPDOnlineForm&gt;. 

NOTICE OF FINANCIAL INCENTIVES
We currently provide, for in-scope California, Colorado, Texas, and Utah residents, the following programs that provide financial incentives:

 Changes to the Privacy Policy

We will notify you of substantive or material changes to the Privacy Policy, including, but not limited to, changes to: (1) categories of Personal Data Processed; (2) Processing purposes; (3) our identity; or (4) methods by which you can exercise your Data Rights request. 

HOWIE REWARDS
Howie Rewards enables you to accumulate points towards free menu items in exchange for your personal information (name, email address, home address, the last four digits of your credit card information [if supplied], and purchase history) and your purchase of qualifying items, as further explained in the program’s terms [URL].

You can join Howie Rewards through our mobile app or website:

• Through the mobile app:
  • Download the Hungry Howie’s mobile app through the App Store or Google Play, 
  • Select “Signup” and complete the form, making sure to check the box to join Howie Rewards® when completing your profile. 
  • If you already have an Account, sign in using your email address and password,
    • select “Settings”, 
    • select “Profile”, 
  • check the box to join Howie Rewards®
  • Select “Update” to Save.
• Through hungryhowies.com on a computer:
  • If you have an Account:
    • Go to https://hungryhowies.hungerrush.com/
    • Login to your Profile
    • Select My Account at the top
    • Click on Edit Profile
    • Check “Would you like to join our Howie Rewards program? By opting in, you are agreeing to Howie Rewards Global Terms of Use and Privacy Statement”
    • Select “Update” to Save.
  • If you don’t have an Account, click here, complete your new account information, making sure to check the box to join Howie Rewards® before selecting “Submit”. 
• Through hungryhowies.com on a mobile device:
  • If you have an Account:
    • Go to https://hungryhowies.hungerrush.com/
    • Login to your Profile
    • Click the menu link (three dashes)
    • Select My Account
    • Click on Edit Profile
    • Check “Would you like to join our Howie Rewards program? By opting in, you are agreeing to Howie Rewards Global Terms of Use and Privacy Statement”
    • Select “Update” to Save.

If you don’t have an Account, click here, complete your new account information, making sure to check the box to join Howie Rewards® before selecting “Submit”. 

You can opt-out of the Howie Rewards program at any time by: 

• Through the mobile app:
  • Download the Hungry Howie’s mobile app through the App Store or Google Play, 
  • Sign in using your email address and password, 
  • select “Settings”, 
  • select “Profile”, 
  • Uncheck the box to join Howie Rewards
  • Select “Update” to Save.
• Through hungryhowies.com on a computer:
  • Go to https://hungryhowies.hungerrush.com/
  • Login to your Profile
  • Select My Account at the top
  • Click on Edit Profile
  • Uncheck “Would you like to join our Howie Rewards program? 
  • Select “Update” to Save .
• Through hungryhowies.com on a mobile device:
  • Go to https://hungryhowies.hungerrush.com/
  • Login to your Profile
  • Click the menu link (three dashes)
  • Select My Account
  • Click on Edit Profile
  • Uncheck “Would you like to join our Howie Rewards program?
  • Select “Update” to Save.

Howie Rewards is permissible because we believe the exchange of data for Howie Rewards represents a fair value to the consumer, based on a good faith estimate of the value of the consumer’s data as it relates to the financial incentive. This is based on an analysis including the number of Qualifying Purchases, the points provided for each Qualifying Purchase, the number of points needed to obtain a Reward, and a comparison of the suggested retail value of each Reward to the amount of money that the consumer must spend to receive a Reward. The value of the consumer data is limited based on the limited amount of data collected from each consumer, categories of personal information collected, transferability of such personal information the use of such personal information in connection with marketing activities; and/or the volume of consumers enrolled in the loyalty program and that Hungry Howie’s does not sell this data.

When you sign up for Howie Rewards you are provided with the terms and conditions of the program. When you join and are asked to provide your opt-in consent to participate, which you can withdraw from the program at any time. For further details on Howie Rewards including how to opt-in or withdraw your opt-in, refer to the description and terms and conditions available at [insert address].

Some laws also require that consumers continue to receive the benefits of the programs, if possible, even if they exercise their opt-out and deletion rights. Since we offer these Rewards via email to consumers, it is not possible for you to receive these Rewards without providing us your email. Therefore, if you choose to opt out of Howie Rewards, you will still have to provide us with your email address and use of these emails, which provide discounts via our online ordering platforms or mobile app. You will only be permitted to use our online ordering platform or mobile app if you agree to our Global Terms of Use and Privacy Statement in order to use our online ordering platform.

HOWIEMAIL

HowiEmail enables you to receive discounts and other promotional information in exchange for your personal information (name, email address, home address, the last four digits of your credit card information [if you supply it], and purchase history), as further explained in the program’s terms [URL].

You can join HowiEmail through our mobile app or website:

• Through the mobile app:
  • Download the Hungry Howie’s mobile app through the App Store or Google Play, 
  • Select “Signup” and complete the form, making sure to check the box to join HowiEmail when completing your profile. 
  • If you already have an Account, sign in using your email address and password, 
  • select “Settings”, 
  • select “Profile”, 
  • check the box to join HowiEmail
  • Select “Update” to Save.
• Through hungryhowies.com on a computer:
  • If you have an Account:
  • Go to https://hungryhowies.hungerrush.com/
  • Login to your Profile
  • Select My Account at the top
  • Click on Edit Profile
  • Check Join HowiEmail 
  • Select “Update” to Save
• If you don’t have an Account, click here, complete your new account information, making sure to check the box to join HowiEmail before selecting “Submit”. 
• Through hungryhowies.com on a mobile device:
  • If you have an Account:
    • Go to https://hungryhowies.hungerrush.com/
    • Login to your Profile
    • Click the menu link (three dashes)
    • Select My Account
    • Click on Edit Profile
    • Check HowiEmail
    • Select “Update” to Save
• If you don’t have an Account, click here, complete your new account information, making sure to check the box to HowiEmail before selecting “Submit”. 

You can opt-out of HowiEmail at any time by:

• Through the mobile app:
  • Download the Hungry Howie’s mobile app through the App Store or Google Play,
    • Sign in using your email address and password,
    • select “Settings”,
    • select “Profile”,
    • Uncheck the box to join HowiEmail
    • Select “Update” to Save.
• Through hungryhowies.com on a computer:
  • Go to https://hungryhowies.hungerrush.com/
  • Login to your Profile
  • Select My Account at the top
  • Click on Edit Profile
  • Uncheck HowiEmail
  • Select “Update” to Save
• Through hungryhowies.com on a mobile device:
  • Go to https://hungryhowies.hungerrush.com/
  • Login to your Profile
  • Click the menu link (three dashes)
  • Select My Account
  • Click on Edit Profile
  • Uncheck HowiEmail
  • Select “Update” to Save

HowiEmail is permissible under CCPA because we believe the exchange of data for HowiEmail represents a fair value to the consumer, based on a good faith estimate of the value of the consumer’s data as it relates to the financial incentive. This is based on an analysis including the value of the discounts provided to consumers versus the suggested retail value of the product being discounted. Although these consumer discounts may be available or offered through other media, we believe that offering these discounts directly to consumers via email has a value consistent with the value of the consumer data collected. The value of the consumer data is limited based on the limited amount of data collected from each consumer, categories of personal information collected, transferability of such personal information the use of such personal information in connection with marketing activities; and/or the volume of consumers enrolled in the loyalty program and that Hungry Howie’s does not sell this data.

When you sign up for HowieMail, you are provided with the terms and conditions of the program. You can withdraw from the program at any time. For further details on HowieMail, including how to opt-in or withdraw your opt-in, refer to the description and terms and conditions available at [insert address].

Some law also require that consumers continue to receive the benefits of the programs, if possible, even if they exercise their opt-out and deletion rights. Since we offer these Rewards via email to consumers, it is not possible for you to receive these Rewards without providing us your email. Therefore, if you choose to opt out of Howie Rewards, you will still have to provide us with your email address and use of these emails, which provide discounts via our online ordering platforms or mobile app. You will only be permitted to use our online ordering platform or mobile app if you agree to our Global Terms of Use and Privacy Statement in order to use our online ordering platform.

Retention.

We retain data in accordance with our record retention program. The criteria used to determine retention periods include: (i) the length of time we have an ongoing relationship with you and provide the Sites or Services to you; (ii) whether there is a legal obligation to which we are subject; or (iii) whether retention is advisable in light of our legal position (such as in regard to the enforcement of the Site Terms of Use, applicable statutes of limitations, litigation or regulatory investigations). The time periods listed above are based on the longest period we need to keep a category of company records that may contain this category of personal information. When we no longer need to retain your personal information, we promptly destroy it pursuant to the ordinary course of business under our record retention program, unless a legal obligation to continue to retain that data applies. For example, we may need to retain documents that contain personal information for a longer period to comply with preservation obligations in litigations and government investigations.

CONTACT FOR MORE INFORMATION.

For more information about our privacy policies and practices, please contact us at privacy@hungryhowies.com.