PLEASE READ THIS PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEBSITE AND MOBILE APP.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND HUNGRY HOWIE’S PIZZA & SUBS, INC. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
This statement describes how Hungry Howie's Pizza ("Hungry Howie’s" or “our”) may use information collected from customers of its restaurants, delivery drivers, vendors, users of Hungry Howie’s website, and the Hungry Howie’s mobile app (each a “Site” and collectively the “Sites”). Hungry Howie’s reserves the right to change this Privacy Statement from time to time at its sole discretion and shall send electronic notice to you. The effective date of such change will be marked on any notice to you. Any changes will be effective after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
“Site” also includes HowieDrive.
Disclaimer of Warranties: THIS SITE, THE SERVICES, AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties. As a result, the above may not apply to you. These warranties are hereby excluded to the fullest extent permissible by law.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL HUNGRY HOWIE’S BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM A CLAIM OF BREACH OF THIS PRIVACY STATEMENT. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $5, whichever is less.
YOU HEREBY RELEASE AND DISCHARGE US FROM ANY AND ALL CLAIMS, LIABILITY, DEMANDS, JUDGMENTS, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND/OR ATTORNEYS’ FEES RELATING TO OR ARISING FROM YOUR USE OF OR ACCESS TO THE SERVICES, WHETHER KNOWN OR UNKNOWN. THIS INDEMNIFICATION AGREEMENT IS INTENDED TO APPLY EVEN IF THE CLAIMS, LIABILITY, DEMANDS, JUDGMENTS, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND/OR ATTORNEYS’ FEES ADDRESSED IN THIS PARAGRAPH RESULT FROM OUR OWN NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, VIOLATION OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT, STRICT LIABILITY, BREACH OF EXPRESS WARRANTY, BREACH OF IMPLIED WARRANTY, OR BREACH OF ANY OTHER COMMON LAW OR STATUTORY DUTY OR CAUSE OF ACTION. THIS PROVISION SHALL BE CONSTRUED FAIRLY AND REASONABLY AND NEITHER MORE STRONGLY FOR NOR MORE STRONGLY AGAINST YOU OR US. THIS RELEASE AND DISCHARGE DOES NOT APPLY TO ANY AND ALL CLAIMS, LIABILITY, DEMANDS, JUDGMENTS, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND/OR ATTORNEYS’ FEES RELATING TO OR ARISING FROM ANY EMPLOYMENT RELATIONSHIP BETWEEN EMPLOYEES OF HUNGRY HOWIE’S AND HUNGRY HOWIE’S.
ARBITRATION AND CLASS ACTION WAIVER. EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF AND ANY CLAIMS RELATING TO HUNGRY HOWIE’S EMPLOYEES, WITH RESPECT TO CLAIMS RELATED TO THE SITE, INCLUDING ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE, ANY DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL DISPUTES, CLAIMS (WHETHER IN TORT, CONTRACT, STATUTORY OR OTHERWISE) OR DISAGREEMENTS CONCERNING THE EXISTENCE, BREACH, INTERPRETATION, APPLICATION OR TERMINATION OF THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND IN ACCORDANCE WITH THE JAMS INC. COMPREHENSIVE ARBITRATION RULES & PROCEDURES THEN IN EFFECT. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS. THE ARBITRATION SHALL TAKE PLACE:
(A) WITH RESPECT TO CONSUMERS, IN THE COUNTY IN WHICH THE CONSUMER RESIDED AT THE TIME OF THE DISPUTE OR
(B) WITH RESPECT TO INDEPENDENT CONTRACTORS, VENDORS, OR OTHER THIRD-PARTY PROVIDERS, DETROIT, MICHIGAN
OR AT THE OPTION OF THE PARTY SEEKING RELIEF, BY TELEPHONE, ONLINE, OR VIA WRITTEN SUBMISSIONS ALONE, AND BE ADMINISTERED BY JAMS. THE ARBITRAL TRIBUNAL (“TRIBUNAL”) SHALL BE COMPOSED OF ONE ARBITRATOR, WHO SHALL BE INDEPENDENT AND IMPARTIAL. IF THE PARTIES FAIL TO AGREE ON THE ARBITRATOR WITHIN TWENTY (20) CALENDAR DAYS AFTER THE INITIATION OF AN ARBITRATION HEREUNDER, JAMS SHALL APPOINT THE ARBITRATOR. THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE. THE DECISION OF THE ARBITRATOR WILL BE FINAL AND BINDING ON THE PARTIES. JUDGMENT ON ANY AWARD(S) RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. NOTHING IN THIS SECTION SHALL PREVENT EITHER PARTY FROM SEEKING IMMEDIATE INJUNCTIVE RELIEF FROM ANY COURT OF COMPETENT JURISDICTION, AND ANY SUCH REQUEST SHALL NOT BE DEEMED INCOMPATIBLE WITH THE AGREEMENT TO ARBITRATE OR A WAIVER OF THE RIGHT TO ARBITRATE. THE PARTIES UNDERTAKE TO KEEP CONFIDENTIAL ALL AWARDS IN THEIR ARBITRATION, TOGETHER WITH ALL CONFIDENTIAL INFORMATION, ALL MATERIALS IN THE PROCEEDINGS CREATED FOR THE PURPOSE OF THE ARBITRATION AND ALL OTHER DOCUMENTS PRODUCED BY THE OTHER PARTY IN THE PROCEEDINGS AND NOT OTHERWISE IN THE PUBLIC DOMAIN, SAVE AND TO THE EXTENT THAT DISCLOSURE MAY BE REQUIRED OF A PARTY BY LEGAL DUTY, TO PROTECT OR PURSUE A LEGAL RIGHT OR TO ENFORCE OR CHALLENGE AN AWARD IN LEGAL PROCEEDINGS BEFORE A COURT OR OTHER JUDICIAL AUTHORITY. THE ARBITRATOR SHALL AWARD ALL FEES AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, TO THE PREVAILING PARTY. ANY JUDGMENT RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
YOU MAY CHOOSE TO OPT OUT OF THE AGREEMENT TO ARBITRATE BY MAILING A WRITTEN OPT-OUT NOTICE (“NOTICE”) TO HUNGRY HOWIE’S. THE NOTICE MUST BE POSTMARKED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME. THE NOTICE MUST BE MAILED TO 30300 STEPHENSON HWY., SUITE 200, MADISON HEIGHTS, MI 48071 TO THE ATTENTION OF LEGAL DEPARTMENT. THIS PROCEDURE IS THE ONLY MECHANISM BY WHICH YOU CAN OPT OUT OF THE AGREEMENT TO ARBITRATE. OPTING OUT OF THE AGREEMENT TO ARBITRATE HAS NO EFFECT ON ANY OTHER PARTS OF THIS AGREEMENT, OR ANY PREVIOUS OR FUTURE ARBITRATION AGREEMENTS THAT YOU HAVE ENTERED INTO WITH HUNGRY HOWIE’S.
Collection of Personal Information
Hungry Howie’s policy is to prohibit the unlawful disclosure of your personal information, but HUNGRY HOWIE’S MAKES NO REPRESENTATION OR WARRANTIES REGARDING THE SECURITY OR PRIVACY OF INFORMATION THAT YOU MAY PROVIDE THROUGH THE SITES.
Hungry Howie’s has entered into a joint marketing arrangement with our independently owned and operated franchised restaurants and/or food service providers and any information provided by you may be shared with our independently owned franchised restaurants and/or food service providers. Hungry Howie’s may contact any individual who has shared personally identifiable information with Hungry Howie’s for sales and marketing purposes, for feedback about Hungry Howie’s and its services, or for any other reason logically related to the operation of Hungry Howie's business and agency.
We may supplement the information we collect about you with outside records from third parties (including ordering and delivery services) in order to provide you with information, services, or goods you have requested, to enhance our ability to serve you, and to tailor our content to you. We may combine the information we receive from those other sources with information we collect. In those cases, we will apply this Privacy Statement to the combined information.
If you are utilizing HowieDrive, and only when HowieDrive is running in the foreground or background of your mobile device, the definition of “Personal Information” shall also include:
- Login name (as you enter it)
- Store number
- Universal unique identifier
The purpose for collecting personal information from HowieDrive is so that you, as a delivery driver, may be tracked in real time by your employer during the course of your employment. You are responsible for making sure you login at the beginning of your shift and logout at the end of your shift. If you don’t log out, this means that your location will continue to be tracked and visible by your employer and/or Hungry Howie’s.
Nothing that we’ve stated above should infer that you are an employee of Hungry Howie’s Pizza.
RIGHTS OF CALIFORNIA RESIDENTS
If you’re a California resident, there are additional conditions, rights, and responsibilities that may apply, so please CLICK HERE
Online Technology & Usage Data
The Sites’ technology has the ability to collect Usage Data. “Usage Data” may include but is not limited to the collection of the following by Hungry Howie’s:
- your access dates and times, your Site activity such as what pages or app features you viewed or used and any Site crashes, or other information about your computer configuration, such as your browser type, operating system, or ISP domain name;
- the site you last visited prior to visiting a Site or about your activity during your visit to a Site. This information may be used by Hungry Howie’s to administer the technical and operational aspects of a Site, and may include using your IP address to help diagnose problems with our server;
Mobile Devices & Device Information
Hungry Howie’s technology may also collect Device Information from you. “Device Information” includes:
- the unique identifier (“Device Identifier”) for any computer, mobile phone, tablet or other device (any of which are referred to herein as a “Device”) used to access a Site or through use of the Hungry Howie’s mobile app. A Device Identifier is a number that is automatically assigned to your Device, and our servers identify your Device by its Device Identifier;
- Some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the Device used to access a Site or through use of the Hungry Howie’s mobile app;
- Your hardware model, operating system information, along with versions, software, language preferences, device motion information, and mobile network information.
In addition, for drivers who have logged in to HowieDrive, we also collect geolocation data, including location enabled services such as WiFi and GPS. This data is provided to the location dispatching the driver and may also be provided to the customer for order-tracking purposes.
Personally Identifiable Information
If you wish to change PI Info that you have provided Hungry Howie’s, please see the “Contact Hungry Howie’s” section below.
Hungry Howie’s will not recognize Web browser “do not track” signals. If you would like additional information about online tracking and various opt-out mechanisms, please see https://youradchoices.com
Because Hungry Howie’s links to social media sites, and from time to time may include third-party advertisements, other parties may collect your PI Info about your online activities over time and across different web sites when you visit a Site.
Please note that not all tracking will stop even if you delete cookies.
Analytics and Advertisements
Hungry Howie’s uses no encryption (data scrambling) on the Sites. When you are on any website that asks you for confidential information, you should check to see if the information being transmitted is encrypted in order to increase the security of your information. Keep in mind that there is no such thing as perfect security.
Children's Online Privacy Protection Act ("COPPA")
We make no active effort to collect personal information from children under the age of 13 and do not wish to receive any such information.
If you want to "opt-out" of being contacted by Hungry Howie’s after you have shared your information, or you wish to correct the information you have provided, you may do so in one of three (3) ways:
Send email to email@example.com; or,
Call (248) 414-3300 and ask to speak to Customer Service; or
Follow the opt-out instructions at the bottom of any marketing e-mail from Hungry Howie’s.
Contact Hungry Howie’s
If you wish to contact Hungry Howie’s to correct, amend, or delete information (if Hungry Howie’s is holding on to your information as explained above), about Privacy related issues or for any reason at all, you may do so by contacting Hungry Howie's Customer Service at:
Hungry Howie's Pizza & Subs, Inc.
30300 Stephenson Hwy.
Madison Heights, MI 48071
Email to: firstname.lastname@example.org; or
Phone to: (248) 414-3300 and ask to speak to Customer Service.
Linking Policy and Disclaimer of Endorsement
Hungry Howie’s may link to other web sites created and maintained by other public and/or private organizations. Hungry Howie’s provides links to these sites as a service to our users. The presence of a link does not constitute Hungry Howie’s endorsement of such site.
When users follow a link to an outside web site, they are leaving Hungry Howie’s and are subject to the policies of the owners/sponsors of the outside website(s). Hungry Howie’s is not responsible for the information collection practices of non-Hungry Howie’s sites.
Applicable laws may give you additional rights that are not described in this online privacy statement.
Date Last Updated: January 20, 2021