Effective Date: September 11, 2017

Last updated: November 15, 2023

This section of the Privacy Statement applies exclusively to California residents. Please be advised that, pursuant to Section 1798.20 the California Consumer Privacy Act of 2018:

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

California Residents

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.

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” [as defined in CCPA] to third parties or processing for Cross-Contextual Behavioral Advertising.]
• [Right to Limit the Use or Disclosure of Sensitive Personal Information]

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 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 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.

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.

NOTICE OF FINANCIAL INCENTIVES
We currently provide, for California residents, the following programs that provide financial incentives:  

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 under CCPA 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].

CCPA also requires 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].

CCPA also requires 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.