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

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

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 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.

(c) Affiliates

Olo and Dairy Queen may share some or all of your personal information with our respective parent companies, subsidiaries, joint ventures, or other companies under common control ("Affiliates"), 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 is 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 and Twitter). If you choose to do this, we will provide information to such 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 provider of such SNS. We will not be liable for: (i) the availability or accuracy of such SNS; (ii) the content, products or services on or availability of such SNS; or (iii) your use of any such 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 or Dairy Queen; (ii) to protect and defend the rights or property of Olo, Dairy Queen, or users of our App; (iii) in connection with a legal investigation; and/or (iv) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

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

Our App may contain links to third party websites. When you click on a link to any other website or location, another entity may collect personal and/or anonymous information from you. Our provision of 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 cannot be 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.

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.

(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.

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 (30) 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 to deactivate your DQ 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 of such changes.

CONTACT US

If you have any questions or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us at: (212) 260-0895 or 1-888-411-6626; by Facsimile 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


Last Updated: May 16, 2018