These terms include an arbitration provision that governs any disputes between you and us. Unless you opt out as described below, this provision will eliminate your right to a trial by jury and substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
A NOTE TO USERS OUTSIDE THE UNITED STATES
This App is for use with Dairy Queen locations in the United States. 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, where laws regarding processing of personal information may be less stringent than the laws in your country. By providing your data, you acknowledge and 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:
- We may collect personal information from you, such as your first and last name, e-mail, telephone number and password, when you create an account ("DQ Account").
- 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 and/or zip code information), we may use that information to provide you with location-based information, such as the location of Dairy Queen 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 Dairy Queen 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 Dairy Queen 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 also collect non-personal information 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, 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 traceable to any individual.
- 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 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 Dairy Queen products and services with their friends. If you are not a registered user of the App, you can create a DQ 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 a DQ 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 Dairy Queen 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 your better. We use your personal information in the following ways:
- facilitate the creation of and secure your DQ 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 e-mail to verify ownership of the e-mail address provided when your DQ Account was created;
- send you administrative e-mail notifications, such as security or support and maintenance advisories;
- to solicit your feedback; and
- send newsletters, surveys, offers, and other promotional materials related to our services and for other Dairy Queen marketing purposes.
(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
(a) Dairy Queen
When you order menu items on the App, we will transmit your order to the Dairy Queen location designated by you, so that Dairy Queen location can fulfill your order. That Dairy Queen location may be an independently owned franchise location, who may use your personal information to directly market their products and services to you.
NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS (AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83)
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; and/or to provide other services to Olo or Dairy Queen.
(d) Corporate Restructuring
(e) Social Networking Sites
(f) Other Disclosures
A NOTE ABOUT CHILDREN
We do not intentionally gather personal information about visitors who are under the age of 13. Furthermore, we do not intentionally allow visitors under the age of 18 to register for 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: 26 Broadway, 24th Floor, New York, New York 10004.
LINKS TO OTHER SITES
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 DQ 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 DQ Account or mobile device. If you do not want to use your SNS account to log in to your DQ Account, you will need to log out of your DQ Account after you have adjusted the permissions on your SNS account.
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.
New York, NY 10004 USA
Attn: Privacy Officer
Last Updated: May 16, 2018