Privacy Policy

Last Update: June 16, 2020

Mobo Systems, Inc. d/b/a Olo ("Olo"), American Dairy Queen Corporation ("ADQ"), and Dairy Queen Canada Inc. ("DQC") (collectively, "we" or "us") respect the privacy of users of the DQ^® mobile application ("App"). This Privacy Policy is intended to inform you of our policies and practices regarding the collection, use and disclosure of personal information that we collect from users using the App. This Privacy Policy does not apply to any websites, or other mobile applications or online services.

A NOTE TO USERS OUTSIDE THE UNITED STATES

This App is for use with DQ^® locations in the United States and Canada. If you are a non-U.S. based user of the App, by using the App and providing us with data, you acknowledge and agree that your personal information may be processed in the country in which it was collected, or it may be transferred to and processed in the United States or Canada, where laws regarding processing of personal information may be less stringent than the laws in your country. By providing your data, you agree to such transfer.

THE TYPES OF INFORMATION WE COLLECT

We collect information from you in various ways when you access or use the App, including the following:

(a) Personal Information You Provide to Us

We collect the information you voluntarily provide to us. For example:

When you create an App account ("Account"), we may collect personal information from you, such as your first and last name, birthday, email, telephone number and password. You may use the App as a guest user without creating an Account. In this situation, we won’t collect the information that we would normally collect related to an Account. However, by using the various features of the App, we may collect personal information in the other ways listed in this Privacy Policy.
If you tell us where you are (e.g., by allowing your mobile device to send us your location or by entering your city, state/province or zip/postal code information), we may use that information to provide you with location-based information, such as the location of DQ^® restaurants near you. If you do not want your mobile device to send us your location automatically, you can deactivate “location services” on your mobile device.
Our App allows you to store preferences such as your location, recent orders and favorite menu items to make it more convenient for you to place additional orders in the future.
When you order menu items from DQ^® restaurants on our App, we will collect all information necessary to complete the transaction, including your name and payment information. We store this information on our servers to make it easier for you to place orders for DQ^® menu items in the future.
If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, to send you a reply.
We also collect other types of personal information that you provide to us voluntarily, such as any information requested or provided if you contact us via email regarding support for the App.

(b) Personal Information Collected Via Technology

We collect certain information from you automatically when you access and use our App as described below:

Information Collected by our Servers. To make the App more useful to you, our servers (which may be hosted by a third party service provider) collect information about how you use the App. We use this information to analyze trends, administer the App, monitor for fraudulent activities and for the efficacy of our fraud management tools, and better tailor the App to our users’ needs.
Mobile Services. We may collect information automatically from your mobile device. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the App, device ID, and information about the type of device you use. In addition, in the event our App crashes your mobile device, we will receive information about your mobile device model software version and device carrier, which helps us identify and fix bugs and otherwise improve performance of our App. This information is sent to us as aggregated information and is not combined or stored with information about any individual user.
Third Party Analytics. We use third party service providers to help analyze how users use the App ("Analytics Companies"). These Analytics Companies collect information such as how users use the App. We use the information we get from these Analytics Companies on an aggregated basis to improve the App.

(c) Social Networking Services

The App may allow users to access social networking sites (each, an "SNS") to interact with and share their experiences with DQ^® products and services with their friends. If you are not a registered user of the App, you can create an Account by clicking on "Sign Up" using Facebook or another SNS that we support, and then entering your login credentials for that SNS. In this case, we may receive information from the SNS to make it easier for you to create an Account on the App and show you relevant content from your Facebook and SNS friends. Any information that we collect from your Facebook or other SNS account may depend on the privacy settings you have with that SNS, so please consult each SNS’s privacy and data practices.

(d) Location Information.

If you have enabled location services on your phone and agree to the collection of your location when prompted by the App, we will collect your location information when you use the App; for example, to locate DQ^® locations that are near you, or when you "check in" via the App. If you do not want this information collected by us, you may decline the collection of your location when prompted, or disable location services on your device.

HOW WE USE YOUR INFORMATION

(a) General Use

In general, we use your personal information to respond to your requests as submitted through the App, to provide you with services you request, or to aid us in serving you better. We use your personal information in the following ways to:

facilitate the creation of and secure your Account on our network;
identify you as a user in our system;
improve the administration of our App;
improve the quality of experience when you interact with our App;
send you a welcome email to verify ownership of the email address provided when your Account was created;
send you administrative email notifications, such as security or support and maintenance advisories;
solicit your feedback; and
send newsletters, surveys, offers, and other promotional materials related to our services and for other marketing purposes, if you have chosen to receive promotional emails, or as otherwise permitted or required by law.

(b) Creation of Anonymous Data

We may create anonymous information records from personal information by excluding information (such as your name) that makes the information personally identifiable to you. We may use this anonymous information to analyze request patterns and usage patterns so that we may enhance our products and services. We reserve the right to use and disclose anonymous information to third parties in our discretion.

DISCLOSURE OF YOUR PERSONAL DATA.

We disclose your personal data as described below and as described elsewhere in this Privacy Policy.

(a) Dairy Queen

When you order menu items on the App, we will transmit your order to the DQ^® location designated by you, so that location can fulfill your order. That DQ^® location may be independently owned and operated by a franchisee ("Franchisee"), who may use your personal information to directly market their products and services to you.

A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A "CALIFORNIA CUSTOMER") MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL INFORMATION TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING CACUSTOMER@OLO.COM. PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS E-MAIL ADDRESS.

(b) Third Party Service Providers

We may share your personal information with third party service providers to provide you with the services that we offer you through our App, to conduct quality assurance testing, to facilitate the creation of accounts, to process payments, to provide technical support, or to provide other services to Olo, ADQ, or DQC. Our service providers are required to maintain the adequate security of your personal information and undertake not to use it for any purposes other than fulfilling our service requirements.

(c) Affiliates

Olo, ADQ, and DQC may share some or all of your personal information with our respective parent companies, subsidiaries, joint ventures, or other companies under common control ("Affiliates") where and to the extent permitted by applicable law, in which case we will require our Affiliates to honor this Privacy Policy.

(d) Corporate Restructuring

We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction involving the sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If our company, business, or assets are acquired by another company, that company will possess the personal information collected by us and it will assume the rights and obligations regarding your personal information as described in this Privacy Policy.

(e) Social Networking Sites

Our App may enable you to post content to an SNS (e.g., Facebook or Twitter). If you choose to do this, we will provide information to the SNS in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of any SNS and that it is your responsibility to review the terms of use and privacy policy of the third party SNS provider. We are not liable for: (i) the availability or accuracy of an SNS; (ii) the content, products or services on or availability of an SNS; or (iii) your use of any SNS.

(f) Other Disclosures

Regardless of any choices you make regarding your personal information, we may disclose your personal information if we believe in good faith that such disclosure is necessary: (i) to comply with relevant laws or to respond to subpoenas or warrants served on Olo, ADQ, DQC, or Franchisees; (ii) to protect and defend the rights or property of, and to prevent potential fraudulent or deceptive activities against, Olo, ADQ, DQC, Franchisees, or users of our App; (iii) in connection with a legal investigation; (iv) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use; or (v) as otherwise required by law.

A NOTE ABOUT CHILDREN

We do not intentionally gather personal information about visitors who are under the age of 13. Under our Terms of Use, a user must be at least 13 to use the App. If a child under 13 submits personal information to us and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any personal information from a child under 13, please contact us at the contact information at the end of the Privacy Policy.

LINKS TO WEBSITES

Our App may contain links to third party websites. When you click on a link to a third party website or location, another entity may collect personal or anonymous information from you. Our providing a link to any website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and are not responsible for, these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.

Our App also contains links to ADQ or DQC websites. For example, if you click on the “Contact Us” link in the Help section, you are redirected to dairyqueen.com. Activity at any ADQ or DQC website is governed by the privacy statement applicable to that website, which may include the use of cookies.

SECURITY

We and our service providers take reasonable precautions to protect your personal information from unauthorized access, loss, misuse or alteration. We keep your personal information only as long as it is required and we destroy, delete or convert such information into an anonymous form when it is no longer required.

YOUR CHOICES REGARDING YOUR INFORMATION.

You have several choices regarding use of information on our Services.

(a) De-Linking SNS

If you decide at any time that you no longer want to have your SNS account (e.g., Facebook or Twitter) linked to your Account, please refer to the privacy settings of the SNS to determine how to adjust the permissions and manage the interactivity between the SNS and your Account or mobile device. If you do not want to use your SNS account to log in to your Account, you will need to log out of your Account after you have adjusted the permissions on your SNS account.

(b) Application

You can stop all collection of information by the App by uninstalling the App. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

(c) Electronic Communications

You may opt out of receiving promotional emails from us at any time. Follow the instructions in the email to opt out of receiving promotional emails, or contact us at the contact information at the end of this Privacy Policy. Please be aware that, even if you have opted out of receiving promotional emails from us, we may still email you for transactional purposes, such as providing you with updates about your order, receipts, or as otherwise permitted or required by law.

PRIVACY POLICY UPDATES

This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we collect, use, or disclose your personal information, we will post a notice within the Application. Any such material changes to this Privacy Policy will be effective thirty calendar days following our posting of notice of the changes on the App. These changes will be effective immediately for new users of the App. If you object to any such changes, you must deactivate your Account with us prior to the effective date of such changes. Continued use of our App following notice of any such changes shall indicate your acknowledgement and agreement to the changes.

CALIFORNIA RESIDENTS

A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A "CALIFORNIA CUSTOMER") MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL INFORMATION TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING CACUSTOMER@OLO.COM. PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS E-MAIL ADDRESS.
The California Consumer Privacy Act (CCPA) provides residents of California with rights around their personal information, including access, deletion, and opt-out rights. We give you more information about those rights below.
- Rights of California residents:
  - Section 1798.100(a): California residents have the right to request that a business that collects their personal information disclose to that resident the categories and specific pieces of personal information the business has collected about them.
  - Section 1798.105: California residents have the right to request that a business delete any personal information about that resident which the business has collected from them.
  - Section 1798.110: California residents have the right to request that a business that collects personal information about that resident disclose to them the following:
    - The categories of information it has collected about the resident.
    - The categories of sources from which the personal information has been collected.
    - The business or commercial purpose for collecting or selling personal information.
    - The categories of third parties with whom the business shares personal information.
    - The specific pieces of personal information collected about that consumer.
  - Section 1798.115: California residents have the right to request that a business that sells the resident’s personal information, or that discloses it for a business purpose, disclose to that resident:
    - The categories of personal information that the business has collected about the resident.
    - The categories of personal information that the business sold about the resident and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each category of third parties to whom the personal information was sold.
    - The categories of personal information that the business disclosed about the resident for a business purpose.
  - Section 1798.125: California residents have the right to not be discriminated against for exercising any of their rights under the CCPA.
- Method for submitting requests: To exercise any of your rights under this law, please follow this link and submit a request. When you submit a request, you will need to provide your name, email address, and details about your request. We’ll send a link to that email and ask you to click on that link to confirm that it’s your email address.
- More specific info about what we’ve collected in the last 12 months:
  - With respect to Section 1798.110(c):
    - We collect these categories of personal information:
      - IDENTIFIERS. These identify you as a person, such as your name, postal address, email address, or IP address.
      - COMMERCIAL INFORMATION. Purchasing history and other stuff like that.
      - INTERNET OR OTHER ELECTRONIC NETWORK ACTIVITY INFORMATION. Data like browsing or search history.
      - INFERENCES. This sounds a little vague, but basically it means that we may take all the information we have about you and make some inferences about your preferences (um, you’d much prefer that Blizzard^® Treat flavor with the chocolate, amirite?).
    - Categories of sources from which personal information is collected: We collect personal information from you directly, either when you give it to us, or automatically, when you interact with or fill out forms on our Websites.
    - Business or commercial purposes for collecting or selling personal information: We collect information to fulfill orders, email you, inform our decisions about product and new restaurant development, and make our customer service better. You can find more information about why we collect this information above.
    - Categories of third parties with whom personal information is shared: We share information within our family of companies, with our franchisees, and with vendors who provide data analytics services, data and communications management services, customer relations services, delivery and loyalty program services, and operating systems and platforms.
    - Any California resident has a right to request the specific pieces of information the business has collected about the them.
  - With respect to Section 1798.115:
    - List of categories of personal information sold: none.
    - List of categories of personal information disclosed: IDENTIFIERS, COMMERCIAL INFORMATION, INTERNET OR OTHER ELECTRONIC NETWORK ACTIVITY INFORMATION, and INFERENCES.
- Right to Opt-out. Since we don’t and won’t sell any personal information under the definition of Section 1798.140(t), you don’t have to do anything to opt-out.

CONTACT US

Contact Olo using the contact information below if:

You have any questions or complaints about this Privacy Policy or our data collection or processing practices;

You want to report any potential security violations to us;
You wish to change your preferences or opt out of receiving promotional emails from us; or
You want to review or correct the personal information we keep about you.

Please contact us by phone at (212) 260-0895 or 1-888-411-6626; by fax at (212) 656-1671; by email at support@olo.com; or by mail at:

Olo
26 Broadway
24th Floor
New York, NY 10004 USA
Attn: Privacy Officer