Last Revised: Feb 02 2018
ZAXBY'S WEBSITE TERMS & CONDITIONS
TABLE OF CONTENTS
1. This Policy and Your Use of the Online Services.
Your use of the Online Services is governed by the Terms & Conditions, which are a contract between you and Zaxby's regarding your use of the Online Services. If you have not already reviewed the Terms & Conditions, please review them now prior to continuing to use the Online Services.
2. Information We Collect.
We may collect different types of personal and other information that you provide to us based on your use of the Online Services and our relationship with you (“Personal Information”). Some examples of Personal Information you may provide to us:
A) Contact information (Such as your name, mailing address, telephone number, e-mail address);
B) Information you provide in the context of one of Zaxby’s’ Club memberships (such as favorite Zaxby’s location and your birthday);
C) Payment and transaction information (such as your payment card details, financial account information, security codes, billing address, order value, and items ordered);
D) Purchase history;
E) Information provided in an online job application (such as information about your education, work history, and past salaries), or in a franchisee application;
F) Information provided by you in conjunction with an online sweepstakes entry, a survey, or a promotion; and
G) Other Personal Information you may provide to us (including photographs).
Also, when you visit our Online Services, we may collect certain information via automated means. For example, our systems may collect information about your activity on the Online Services (i.e., pages you visit, address of a referring website (if any), geographic locations, identifiers for your mobile device, and Internet Protocol (IP) address) for a number of purposes.
This website uses Mouseflow: a website analytics tool that provides session replay, heatmaps, funnels, form analytics, feedback campaigns, and similar features/functionality. Mouseflow may record your clicks, mouse movements, scrolling, form fills (keystrokes) in non-excluded fields, pages visited and content, time on site, browser, operating system, device type (desktop/tablet/phone), screen resolution, visitor type (first time/returning), referrer, anonymized IP address, location (city/country), language, and similar meta data. Mouseflow does not collect any information on pages where it is not installed, nor does it track or collect information outside your web browser. If you'd like to opt-out, you can do so at https://mouseflow.com/opt-out. If you'd like to obtain a copy of your data, make a correction, or have it erased, please contact us first or, as a secondary option, contact Mouseflow at [email protected]
For more information on Mouseflow and GDPR, visit https://mouseflow.com/gdpr/.
3. How We Collect Information.
We typically collect information from users of the Online Services in one of three ways. First, we may collect information that users of the Online Services voluntarily provide to us when registering for one of our programs, placing an online order, contacting us with questions or comments regarding our products, or submitting a franchise application. Second, we may collect information passively from our users using common online tracking tools such as web beacons, “cookies”, and location-based data services. Finally, we may obtain information from one of our franchised locations and combine that information with other information we already have concerning our customers.
4. How We Use Information.
Zaxby's may use information collected from you through the Online Services in a variety of ways. Generally, we use such information to respond to our customers, improve our products and customer service, and strengthen the security of the Online Services. More specifically, we may use information we collect from you through the Online Services to:
A) Communicate with you about Zaxby's and our products, services, events, promotions, or other offers;
B) Conduct interest-based advertising, which may include, tailoring our products, services, promotions, communications, advertisements, and the Online Services to your interests;
C) Notify you about upcoming promotions through the Online Services or in our restaurants;
D) Review and improve the Online Services;
E) Fulfill online orders;
F) Respond to your inquiries;
G) Conduct marketing research;
H) Protect and improve the security of the Online Services;
I) Evaluate and respond to franchise applications;
J) Take any other actions and implement any other policies intended to improve our restaurants, customer service, and customer experience;
K) Provide you with localized search results; and
L) Create and manage your accounts with us (e.g. e-mail club, text club, online ordering).
You may opt out of receiving targeted advertisements and promotions from third-party service providers by visiting NAI’s consumer opt-out page linked here: http://optout.networkadvertising.org/
5. Disclosure of Information.
Zaxby's may disclose information collected from you through the Online Services to our subsidiaries, affiliates, employees, and franchisees (collectively, the “Zaxby's Family”). These disclosures typically will allow a member of the Zaxby's Family to improve our restaurants and provide better service to our customers by performing one of the functions listed above in Section 4 of this Policy.
Zaxby's does not sell your personal information to third parties. From time to time, however, Zaxby's may disclose information collected from you through the Online Services to third-party service providers retained by Zaxby's to assist in its customer service, marketing, and franchising efforts. When Zaxby's discloses your information to a third-party service provider, Zaxby's only discloses the information necessary for the third party to perform their specific service(s). Zaxby's also requires such third party to protect your information and does not allow such third-party to use your information for any other purpose.
Except as otherwise set forth in this Policy, Zaxby's does not sell, transfer or disclose personal information to third parties outside of the Zaxby's Family unless we are required to transfer or disclose such personal information in cooperation with an ongoing law enforcement investigation, in response to the judicial process, to comply with other legal requirements, or to assist on any matter relating to public safety or health.
6. Information Collected During Franchise Application Process.
Zaxby's follows a thorough, multi-step franchise application process prior to authorizing a franchised location and may collect sensitive personal information through the Online Services or through other electronic means during the franchise application process. Zaxby's also may disclose the personal information of applicants to third-party service providers retained by Zaxby's to assist in the franchise application process. However, Zaxby's will only provide such third party with the information necessary to assist Zaxby's, will require such third party to protect your information, and will not allow such third-party to use your information for any other purpose.
The Online Services also may direct applicants to a third-party website where applicants can obtain additional information or forms to submit to Zaxby's during the franchise application process. Applicants should be aware that this Policy does not apply to any third party websites, and applicants may or may not receive notice that they are leaving the Online Services for a third-party website. As a result, Zaxby's encourages applicants to refer to the privacy policies of any third-party websites used by Zaxby's during the franchise application process to learn more about the privacy policies and practices of such websites.
Zaxby's does not knowingly request, solicit, collect, or otherwise obtain personal information online from anyone under the age of 13 through the Online Services. If we receive actual knowledge that we have collected or received personal information online from anyone under the age of 13, we will delete that information from our records as soon as reasonably practicable. If you are a parent or guardian and are aware that your child has provided Zaxby's with personal information online, we encourage you to contact us at your convenience so that we can delete your child's personal information from our records as soon as reasonably practicable.
Although Zaxby's does not knowingly collect personal information online from anyone under the age of 13, parents should be aware that the Children's Online Privacy Protection Act (“COPPA”) would in most cases require Zaxby's to obtain verifiable parental consent to collect personal information online from a person under the age of 13. COPPA also allows parents to: (a) choose whether their child's personal information will be disclosed to any third parties prior to any such disclosure; (b) access their child's personal information upon request; (c) remove or delete the child's personal information; and (d) opt-out of future collection or use of the child's personal information. Finally, COPPA prohibits Zaxby's and other website operators from conditioning a child's participation in a contest, game or other activity upon the child disclosing more personal information than is reasonably necessary to participate in that contest, game or other activity.
If you would like more information about COPPA, please visit the FTC for additional information.
8. Information Security.
At Zaxby's, we use what we believe are industry-standard security practices to protect your Personal Information. Despite our efforts, however, we are unable to guarantee that any Personal Information we collect from you will remain completely secure. No technology is foolproof, and information storage systems occasionally can be breached and accessed by third parties in violation of law. Therefore, we encourage you to use caution when using the internet or any mobile device and to take reasonable steps to protect the confidentiality of your passwords, account information, and payment information.
9. Third-Party Websites.
This Policy applies only to Personal Information collected through the Online Services. The Online Services may contain links to third-party websites that are not owned or operated by Zaxby's, and you may or may not receive notice that you are leaving the Online Services. Zaxby's is not responsible for the policies, content and practices of such third-party websites, and you visit such third-party websites at your own risk. As a result, we encourage you to refer to the privacy policies of those websites to learn more about the policies and practices of such websites.
10. Updates to this Policy.
By visiting and using the Online Services, you are agreeing to the practices described in this Policy. From time to time, we may need to revise this Policy to reflect changes in our practices and policies concerning your privacy. When we update this Policy, we will post the changes immediately. Thereafter, your continued use of the Online Services constitutes acceptance of our revised Policy.
11. Contact Us.
Zaxby's SPE Franchisor LLC
Attn: Marketing Department
1040 Founders Blvd.
Athens, GA 30606