Wahlburgers Privacy Policy


Effective Date / Last Updated: September 19, 2019

Wahlburgers Franchising LLC and its affiliates ("Wahlburgers," "we," "us," or "our") respects the privacy of its customers and the visitors to its Online Services.

This Privacy Policy ("Policy") describes the data collected by or on behalf of Wahlburgers through our websites available at www.wahlburgers.com and www.wahlclub.com (each a "Website"), Wahlburgers mobile application ("Mobile App"), the WahlClub Rewards Program, Wahlburgers gift cards, franchisee programs and any other online programs that direct the viewer or user to this Policy (collectively, "Online Services"), and how that data is used, shared and protected. Please see the end of this Policy for additional terms that apply to users in Canada.

**By accessing or using the Online Services, or by clicking the box that you agree, you agree that you have read and understand this Policy. If you do not agree with this Policy, do not use the Online Services or provide us with Personal Information.

If you use the Online Services, you must comply with our Terms of Use ("Terms") found at wahlburgers.com/terms-of-use.

CHANGES TO THIS POLICY

We may modify this Policy at any time. All changes will be effective immediately upon posting to the Online Services. Material changes will be conspicuously posted to the Online Services or otherwise communicated to you. If you do not agree to any modified terms, do not continue to access the Online Services or send us any further Personal Information. **

THE TYPES OF INFORMATION WE COLLECT

You may use certain Online Services without submitting Personal Information. However, we will collect Personal Information from you if you elect to provide it to us, or if required to use certain features of the Online Services. "Personal Information" means information that, alone or in combination with other information, allows someone to identify or contact you, such as your name, address, telephone number, e-mail address and date of birth.

Wahlburgers also collects certain Automated Information from you when you use the Online Services. "Automated Information" means information that is not associated with or linked to your Personal Information.

We collect and use Personal Information and Automated Information as described in this Privacy Policy.

WE COLLECT PERSONAL INFORMATION YOU PROVIDE

We collect Personal Information that you directly provide to us, and certain Personal Information that you provide to our third-party service providers. For example, we collect information when you provide feedback, ask questions, send complaints, join the WahlClub Rewards Program, join our email club, enroll in our mailing lists, locate a restaurant, apply for a job, inquire about franchise opportunities, interact with us through our Contact Us page on one of our Websites, or otherwise communicate or transact business with us through the Online Services.

WahlClub Rewards and Your Account. When you start an account with Wahlburgers, such as when you join the WahlClub Rewards Program through our Mobile App or online at www.wahlclub.com, we collect certain Personal Information that you elect to provide us, examples include your name, email address, zip code, birthdate, phone number, favorite Wahlburgers location, address and certain marketing preferences. We also collect username and password, and similar security information (for account authentication and administration). We may collect data about how you use (i) your online account, and (ii) the Online Services when you are logged into your account. We may collect additional Personal Information necessary for the administration of certain promotional events or features of our WahlClub Rewards program, such as for sweepstakes or contests. The WahlClub Rewards program is run by Punchh, Inc. whose privacy policy can be found here: punchh.com/privacy_policy.

Wahlburgers Online Ordering. We may receive your name, phone number, email address, and other similar contact information, as well as your order information when you order food online or through our Mobile App. Wahlburgers online ordering engine for the Mobile App and the Website is provided by Mobo Systems, Inc. d/b/a Olo whose privacy policy and terms can be found here: www.olo.com/privacy and www.olo.com/terms.

Purchasing Gift Cards. We may receive order information when you purchase a Wahlburgers gift card. If you purchase a gift card, you are purchasing through Dotcom Communications, Inc. d/b/a Swipe It whose privacy policy can be found here: https://swipeit.com/privacy.php.

Marketing Communications. If you opt-in, we may send you promotional and other electronic and hardcopy communications. We may use third-party providers to deliver communications to you. You may opt-out of such emails by using the unsubscribe link in the email or contacting us at privacy@wahlburgers.com with "Unsubscribe" in the subject line. To opt out of other communications (e.g., postal marketing and telemarketing), please contact us as set forth below. Opting out of marketing communications does not opt you out of communications about your account or transactions.

Rent a Food Truck. If you request to rent a food truck from us, you must submit certain contact information and event information to us. You understand and agree that we may call or email you about the food truck rental and to coordinate with you regarding the food truck rental.

Apply for a Job. We collect data as necessary to consider you for a job opening if you submit an application, such as your contact information, employment history, and resume.

Franchise Opportunities. If you elect to submit additional Personal Information in order to be considered as a potential Wahlburgers franchisee, we will collect any additional Personal Information you provide, including financial information, experience, and employment history. If you become a franchisee, a separate franchise agreement between us will apply.

Sweepstakes and Contests. We may offer sweepstakes or contests. To participate you must submit certain Personal Information, which may include your name, email, organization name and type, phone number, and physical address. Data collected via sweepstakes and contests will be (i) used to contact you with promotional and related communications, (ii) shared with third-party vendors, and (iii) subject to additional terms provided to you at such time.

Store-finder: You must submit your zip code in order to use our store-finder feature to locate our restaurants.

Demographic Data: When you elect to provide it to us, we collect information about your interests and activities, date of birth, and other demographic information.

Data You Provide About Others (US and Canada Only). We may collect information that you provide about others, including Personal Information, such as when you send your friends or family gifts. We will use the information you provide to fulfill your requests, including (if applicable) sending the individual you indicate an e-mail message. We will not send marketing communications to your contacts unless they have a separate relationship with us. You understand that this option is only available if you are located in the United States or Canada. You agree that if you send us a third party's Personal Information, you have their express consent to do so for the purposes we explain in this Privacy Policy.

Voice Functionality. We may collect information when you access the Online Services using voice functionality services available through the microphone on a third-party device. Please note that in such cases, may collect background noise or communications due to the nature of the technology. Therefore, you should take steps to prevent the communication of unnecessary or unintentional information when accessing the Online Services using voice functionality services.

PERSONAL INFORMATION COLLECTED AUTOMATICALLY VIA TECHNOLOGY

As you access or use the Online Services, we may automatically collect information about your device and how your device interacts with the Online Services. We may use third-party service providers to collect this information. The information collected from you (including some Personal Information), may include the Uniform Resource Locator (URL) you just came from, the URL you go to next, your browser type, your Internet Service Provider (ISP), and your Internet Protocol (IP) address, the e-mails and advertisements you view, the products you purchase, the time of day you browse, and other similar information. We track IP addresses solely in conjunction with session cookies to analyze our web page flow.

Cookies & Other Tracking Technologies.

What types of online tracking mechanisms do we use? We may use cookies, web beacons, pixel tags and other tracking technologies (collectively "Cookies") on the Online Services.

What are cookies and web beacons / pixel tags? A cookie is a small text file that the Online Services saves onto your computer or device when you use the Online Services that provides us certain information about your activities. Cookies allow the Online Services to remember your actions and preferences and recognize you or your browser, along with some information you provided. Web beacons / pixel tags are small graphics on a webpage or email that monitor your activity when viewing a webpage or email.

Why do we collect Cookies? We use Cookies to: • make our Site function properly; • provide personalized experiences, remember your preferences, and tailor our interactions with you; • help with our marketing efforts; • help prevent fraud and provide other security measures; and • provide us with valuable data and statistics about the usage and effectiveness of our Online Services and to help us improve our Online Services.

What type of information do Cookies collect? The Cookies on our Online Services may collect information such as: • IP addresses assigned to the computers and other devices you use; • your internet service provider; • device ID number; • location (see below for more information); • browser type; • website pages visited; • remembering you on the Online Services; • making content on the Online Services more relevant to you; • counting the number of visitors on the Online Services and content views; • websites you access before and after visiting the Online Services, and • data related to how and when you use the Online Services.

We may combine information from Cookies with other Personal Information and data obtained from third parties.

How long do Cookies last? A Cookie can either be a "session" Cookie or a "persistent" Cookie. Session Cookies exist only for so long as you are visiting the applicable website and are typically deleted when you exit your web browser. Persistent Cookies exist for a set period of time, for example, up to several months or years. Each time you visit a website that has implemented a persistent Cookie, the persistent Cookie is renewed and that Cookie will remain active until its predetermined expiration date. You can manually delete persistent Cookies through your browser settings.

We are not responsible for third-party Cookies. Cookies may either be "first-party" or "third-party" Cookies. A first-party Cookie allows your web browser to talk to the actual website that you are visiting (i.e. this Site). A third-party Cookie allows your web browser to talk to a third-party website, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. We do not have control over third-party Cookies. Third-party Cookies are not governed by this Policy.

How do you manage Cookies or opt-out? Most browsers automatically accept cookies. You can disable this function by changing your browser settings, but disabling cookies may impact your use and enjoyment of the Site. Not all features or functions of the Online Services may work properly if you disable Cookies. You cannot disable all Cookies, such as Cookies that are essential to the functioning of the Site.

CALIFORNIA'S "DO-NOT-TRACK" REQUIREMENT. WE CURRENTLY DO NOT HONOR "DO NOT TRACK" REQUESTS.

GPS and Location Tracking. Wahlburgers uses location-identifying technologies, such as GPS (global positioning systems) software, geo-filtering, Bluetooth, and other location-aware technologies that locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location. For example, if you have Bluetooth enabled on your device, we may use beacons to determine if you are near a Wahlburgers physical location, and to send you advertising or promotions via push notifications. We may also associate your location captured via Bluetooth with your device identifier, and combine that data with transactional information to improve the services offered to you.

Other Mobile App Tracking and Access. Wahlburgers uses certain Mobile App tracking methods. These tracking technologies are not browser-based like Cookies and cannot be controlled by browser settings. Some use device identifiers or other identifiers such as mobile Ad IDs to associate application (app) user activity to a particular app and to track user activity across apps. We also use cookies and tracking/marketing pixels for the following general purposes: (a) to ensure the functionality, optimization, and ease of use of our Online Services; (b) to maintain the security of our Online Services; (c) to collect anonymous, statistical data regarding how visitors interact with our Online Services; and (d) for marketing purposes.

For example, we may collect the following types of information when you use the Mobile App:

Usage Details. We may collect information such as number of pages you visit, which pages are visited, web traffic, logs, communications data.

Device IDs / Device Information. We collect and use mobile advertising IDs, Device ID, operating system, mobile network information, telephone number.

Mobile Phone Access and Metadata. We require access to your camera for the purposes of scanning the QR code on a printed receipt to earn points in the WahlClub Rewards Program.

Third-Party Access. Some of our third-party service providers have access to your camera in order to provide certain functionality within the Mobile App.

Third-Party Analytics Services. We also use third party advertising and analytics cookies such as Twitter Advertising, Facebook Custom Audience, Google Tag Manager and Google Analytics to receive: your click stream information, browser type, time and date, hardware/software information, cookie ID, IP address and other similar types of data.

We use Google Analytics to collect and process information about your use of the Online Services. Google sets cookies and then your web browser will automatically send data to Google. Google uses this data to provide us with reports that we use to improve the Online Services' structure and content. To learn more about how Google uses data, visit Google's Privacy Policy. You may download the Google Analytics Opt-out Browser Add-on for each web browser you use, but this does not prevent the use of other analytics tools. To learn more about Google Analytics cookies, visit Google Analytics Cookie Usage on Websites.

When you access the Online Services through our Mobile App, we use third parties to perform analytics and deliver certain content to you.

PLACING ORDERS THROUGH THE ONLINE SERVICES

Wahlburgers does not directly access, handle, or store your credit or debit card data when you make purchase through the Online Services. We may keep a record of your purchases. We store your payment card's last four digits to facilitate future orders. We collect tax identification numbers you submit for tax-exempt purposes. Although we do not collect your financial information, we may collect related Personal Information, such as your name and contact information, to facilitate the applicable transaction. See the third-party privacy policies listed in the section titled "WE COLLECT PERSONAL INFORMATION YOU PROVIDE" to view links to the applicable privacy policies of the third-party ordering systems (e.g. when ordering gift cards, online food orders, etc.) we use to facilitate your orders and learn how your financial information is collected, used and shared.

THIRD-PARTY SOURCES

The Online Services may link to, or be linked to, websites not controlled by us. We are not responsible for third-parties' privacy policies or practices. This Policy does not apply to any third-party websites or to any data that you provide to third parties. You should read the privacy policy for each website that you visit. For example, the WahlGear Site is run by Stran & Company, Inc. whose privacy policy can be found here: wahlgear.com/privacy_policy.

INFORMATION WE RECEIVE FROM FRANCHISEES AND OTHER THIRD-PARTY SOURCES

We may receive information about you from third parties, including Personal Information. For instance, we may receive information about your purchases and inquiries from our third-party service providers when you make purchases through the Online Services. Likewise, we may receive information about you from our franchisees. To the extent we combine such third-party sourced information with information we have collected about you through the Online Services, we will treat such information in accordance with this Privacy Policy, plus any additional restrictions imposed by the source of the data. These third-party sources vary over time, but may include:

• Social Media networks;

• Partners with whom we offer co-branded services, sell or distribute our products, or engage in joint marketing activities; and

• Publicly-available sources such as open government databases or other data in the public domain.

ONLINE ADVERTISING

We use third parties to provide online advertising services. This means you may receive advertisements for Wahlburgers products or services when you use the Online Services and on third-party websites. Some advertisements you receive may be based on the type of internet searches you do or the websites you visit. These third-party online advertising services collect data about you and your interactions with the Online Services and other websites, and that information is used to send you advertisements and/or to provide Wahlburgers with analytics data, which may be associated with Personal Information.

Most online advertising networks permit you to opt-out of certain types of advertising, such as targeted advertising, by clicking on the displayed icon within the advertisements. Your opt-out choices may be affected by your use of a specific device, your browser settings or your log-on credentials. Please refer to the website that you are visiting, your browser and/or your device settings for additional information. Opting-out will not prevent you from receiving advertisements completely, just those related to the specific opt-out (typically an opt-out will only apply to targeted advertising, not general, non-targeted advertising). An opt-out only applies to the web browser from which you opted out, so you must opt-out of each web browser on each device that you use. Once you opt out, if you delete your browser's saved cookies, you may need to opt-out again. Even if you opt-out, the online advertising service may still collect data about you for the purposes of analytics. Wahlburgers uses multiple online advertising programs, so opting-out of one program does not opt you out from all advertising, including advertising from other programs.

SOCIAL MEDIA

We are active on social media, including Facebook, YouTube, Twitter, Instagram and LinkedIn ("Social Media"). You may comment on Social Media regarding Wahlburgers and our products and services. Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Online Services and our Social Media pages any comments or content that you post on our Social Media pages. YOU AGREE TO HOLD WAHLBURGERS AND ITS AFFILIATES HARMLESS AND WITHOUT LIABILITY FOR THE RESULTS OF ANY AND ALL CONTENT YOU POST ON WAHLBURGERS' SOCIAL MEDIA.

The Online Services allow you to connect and share data with Social Media. These features may require us to use cookies, plug-ins, and APIs provided by such Social Media to facilitate those communications and features. For example, the Mobile App allows you to sign-in using your Facebook account, which enables Facebook to collect information about you, such as name, Profile picture, and email address. The Online Services may use advertising networks and services offered by Social Media to deliver advertising content. Use of these services requires Social Media to implement cookies or pixel tags to deliver ads to you while you access the Online Services.

Your use of Social Media is governed by the privacy policies and terms of the third parties that own and operate those websites and not by this Policy. We encourage you to review those policies and terms.

HOW WE USE YOUR PERSONAL INFORMATION

We use your Personal Information as stated below and throughout this Policy.

As Stated or Agreed to at the Point of Collection. We may use Personal Information for the purposes stated or agreed-to (or as is obvious) at the point of collection. For example, we use Personal Information to respond to your questions, comments, or complaints. We may also use Personal Information as requested or consented to by you.

Administration. We use Personal Information for administrative purposes, such as managing your accounts, facilitating transactions, processing orders, to inform our business strategies, to understand the demographics and user preferences of the Online Services, for evaluating applications, and for managing profiles. We use Personal Information to manage and implement the WahlClub Rewards program and related promotions. We use Personal Information to assist in the assessment of your application for a Wahlburgers franchise as well as to improve and conduct our franchise marketing efforts.

Services and Site Management. We use Personal Information for management of the Online Services, such as troubleshooting problems, improving the content and functionality of the Online Services, statistical and other analyses of the Online Services, fraud monitoring, to perform audits, to determine the effectiveness of our promotional campaigns, to operate, improve and expand our business activities, and to customize the Online Services to you and our users.

To Send You Push Notifications. When you first sign-in to the Mobile App, you have the option to enable or disable certain reminders or "push" notifications, including advertisements when you are close to a Wahlburgers location. You can opt-out of receiving push notifications from the Mobile App through your device’s “Notifications” functionality. Please refer to your device settings for additional information.

Advertising. We may use Personal Information to send you promotions or to perform targeted advertising, to notify you of new services, products or programs, to notify you of new features of the Online Services, to notify you of changes to our Terms or this Policy, and for other similar communications. If you join the WahlClub Rewards program, we send you promotions, coupons and other marketing emails and hard copy.

To Protect Our Rights. We may use Personal Information to protect our legal rights or interests, or those of third parties, including to bring a legal action against you or anyone who may be causing harm to us, the Online Services, or to other users of the Online Services. We may also use Personal Information to address any DMCA claims or counterclaims, to seek business, financial or legal advice, and to respond to other legal requests.

DISCLOSURE OF PERSONAL INFORMATION

We do not sell, rent or lease Personal Information to any third party. We may share Personal Information with the following parties, in compliance with applicable laws:

Employees and Affiliates. We may share Personal Information with our employees and affiliates who have a need to know the information for our business purposes.

Third-Party Service Providers. We may share Personal Information with our third-party service providers, suppliers, consultants, agents, partners and representatives that provide services for us.

For example, we may share Personal Information with service providers to help us host and manage the Online Services; provide targeted advertising and other marketing; improve the content and functionality of the Online Services; perform data analysis and statistical analysis; troubleshoot problems with the Online Services; provide payment processing services and online storefronts; process and fulfill orders; verify credit card information; provide fraud protection services; help us maintain and manage customer information; provide public relations; provide email services; provide data processing; and support or provide the security of the Online Services.

Government Officials / Law Enforcement. We will cooperate with law enforcement and other governmental agencies, and may disclose Personal Information: (i) if we believe in good faith we are legally required to disclose that Personal Information, (ii) if we are advised to disclose Personal Information by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Wahlburgers or any other party.

Professional Advisors. We may share Personal Information with our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to Wahlburgers.

Franchisees. We share Personal Information with Franchisee for marketing purposes, including for advertising purposes.

Other Users. By submitting a copyright infringement notice, counter-notice or other similar notification, you consent to having that communication forwarded to any person or entity to whom the notice or counter-notice relates to, in order to facilitate a prompt resolution of the copyright infringement claim. Copyright infringement notices and/or counter-notices from you will be treated in accordance with our DMCA Policy found at wahlburgers.com/terms-of-use ("DMCA Policy").

Change in Ownership. In the event Wahlburgers is the subject of a change of control or in the event any of the Online Services changes ownership, in whole or in part, or in the event of a bankruptcy, receivership or a similar transaction, we may provide Personal Information to the subsequent owner(s), including as part of the due diligence process.

Other. We may share Personal Information with third parties when explicitly requested by or consented to by you, or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure).

USE AND SHARING OF AUTOMATED INFORMATION AND FEEDBACK

We may collect, use, share, transfer and otherwise process Automated Information received or created by Wahlburgers for any business purposes in its sole discretion, in compliance with applicable laws. Wahlburgers is the sole and exclusive owner of any Automated Information it collects or creates, including if it de-identifies any Personal Information so that it becomes Automated Information. If you provide feedback to us regarding the Online Services, our products or our services, we may use that information for any purposes so long as it does not identify you as an individual, without compensation or consideration to you.

HOW WE PROTECT PERSONAL INFORMATION

We use commercially reasonable technical and organizational measures to help secure Personal Information against loss, misuse, and alteration appropriate to the type of Personal Information processed. If a breach of your Personal Information occurs, we will notify you of the breach if required under applicable law.

YOU UNDERSTAND THAT NO DATA TRANSMISSION OVER THE INTERNET OR A MOBILE DEVICE CAN BE GUARANTEED TO BE 100% SECURE. WHILE WE STRIVE TO PROTECT PERSONAL INFORMATION, WE DO NOT GUARANTEE THE SECURITY OF PERSONAL INFORMATION AND YOU PROVIDE PERSONAL INFORMATION AT YOUR OWN RISK.

UPDATING YOUR PERSONAL INFORMATION

To update your Personal Information as it exists in our records, please visit any accounts you have created, or contact us using the "Contact Us" information below.

NOTICE REGARDING CHILDREN

The Site is not directed at children under 13 years of age. We do not knowingly collect, use, or share Personal Information from children under 13. If a parent or legal guardian learns that their child provided us with Personal Information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Information.

Further, we do not intend for any users under the age of majority in their place of residence (typically 18) to place any orders with us or our third-party vendors using the Online Services. You are prohibited from placing any orders from Wahlburgers if you are under the age of majority in your place of residence.

SENSITIVE INFORMATION

"Sensitive Information" is any data that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, or that involves genetic or biometric data or data concerning health or sexual orientation. We do not intend to collect any Sensitive Data from you. Please do not provide Sensitive Data to us.

ACCESS FROM OUTSIDE THE UNITED STATES

If you access the Online Services from outside the United States, please be aware that Personal Information may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Personal Information in the United States to be equivalent to that required in other jurisdictions. If you would like information about our use of services providers who handle Personal Information on our behalf in other countries, please contact our Privacy Officer at privacy@wahlburgers.com.

YOUR CALIFORNIA RIGHTS If you are a California resident, you are permitted, pursuant to California Civil Code Section 1798.83, to obtain: (a) a list of all third parties that we may have disclosed your Personal Information to, within the past year, for direct marketing purposes; and (b) a description of the categories of Personal Information disclosed. To obtain such information, please email your request to the contact information set forth in the "Contact Us" section below.

TERMS SPECIFIC TO THOSE LOCATED IN CANADA

This Section provides additional terms and information that apply only to residents of Canada. "Personal Information" means information about an identified or identifiable individual and includes Automated Information (as defined in the Policy) where such information can be linked to an individual either alone or in combination with other information (such as information contained in cookies).

Legal Disclosures and Lawful Requests. We and our Canadian, U.S. and other foreign service providers and affiliates may disclose your Personal Information in response to a search warrant or other legally valid inquiry or order, or to another organization for the purposes of investigating a breach of an agreement or contravention of law or detecting, suppressing or preventing fraud, or as otherwise may be required or permitted by applicable Canadian, U.S. or other law or legal process, which may include lawful access by U.S. or foreign courts, law enforcement or other government authorities. Your Personal Information may also be disclosed where necessary for the establishment, exercise or defense of legal claims and to investigate or prevent actual or suspected loss or harm to persons or property.

Access. Subject to limited exceptions under applicable law, you have the right to request access, updating, and corrections of inaccuracies in your Personal Information in our custody and control. You may exercise these rights by emailing or writing to us at the contact information set out below. We may request certain Personal Information for the purpose of verifying the identity of the individual seeking access to his or her Personal Information records. We may, unless otherwise prohibited by applicable law, charge a reasonable fee for granting you access to your Personal Information.

Your Choices. You can opt-out of receiving marketing communications from us by doing one of the following: (a) if you received a marketing email, you can follow the opt-out or "unsubscribe" instructions provided in your email or (b) contact us at the contact information noted below. Please note that you may continue to receive certain transactional and account-related communications from us.

In the event of conflict between the English language version and any other version of this Policy, the English language version shall control in all respects. En cas de conflit entre la version anglaise et toute autre version de la présente politique, la version anglaise contrôlera.

CONTACT US

If you have any general questions about our Policy or questions about how we collect, use, or share your Personal Information, please contact our Privacy Officer at the below e-mail or mailing address:

Wahlburgers Franchising LLC
Attn: Marketing Department
350 Lincoln Street, Suite 2501
Hingham, MA 02043 USA
privacy@wahlburgers.com