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 NO CLASS ACTIONS” 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. ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS 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 as of 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.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL HUNGRY HOWIE’S OR ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM VIOLATION 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 $20.00, WHICHEVER IS LESS.
RELEASE. YOU HEREBY RELEASE AND DISCHARGE HUNGRY HOWIE’S AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS 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.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Indemnity and Release:EXCEPT FOR EMPLOYEES, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITY, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM YOUR USE OF THE SITE OR ANY LINKED OR ASSOCIATED WEBSITE, LOCATION, OR SOURCE, INCLUDING WITHOUT LIMITATION YOUR POSTING OF MATERIALS ON OR THROUGH THE SITE (INCLUDING ANY LISTINGS AND ADVERTISEMENTS), YOUR USE OF ANY OF THE TOOLS AND FEATURES AVAILABLE ON THE SITE, YOUR VIOLATION OF THESE TERMS, OR YOUR VIOLATION OF ANY THIRD PARTY RIGHTS.
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 JAMS (“JAMS”) AND ADMINISTERED BY JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES THEN IN EFFECT EXCEPT AS MAY BE SPECIFICALLY ALTERED BY THIS AGREEMENT. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS. THE ARBITRATION SHALL BE ADMINISTERED BY JAMS AND TAKE PLACE(A) WITH RESPECT TO CONSUMERS, IN THE COUNTY IN WHICH THE CONSUMER RESIDED AT THE TIME OF THE DISPUTE OR 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 IF PERMITTED BY THE ARBITRAL TRIBUNAL (“TRIBUNAL”). THE TRIBUNAL SHALL BE COMPOSED OF ONE ARBITRATOR, WHO SHALL BE INDEPENDENT AND IMPARTIAL. IF THE PARTIES FAIL TO AGREE ON THE TRIBUNAL WITHIN TWENTY (20) CALENDAR DAYS AFTER THE INITIATION OF AN ARBITRATION HEREUNDER, JAMS SHALL APPOINT THE TRIBUNAL. THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE. THE DECISION OF THE TRIBUNAL WILL BE FINAL AND BINDING ON THE PARTIES. JUDGMENT ON ANY AWARD(S) RENDERED BY THE TRIBUNAL 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 THIS AGREEMENT TO ARBITRATE OR A WAIVER OF THE RIGHT TO ARBITRATE. THE PARTIES UNDERTAKE TO KEEP CONFIDENTIAL ALL AWARDS IN THE 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 AS DETERMINED BY THE TRIBUNAL.
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
We may collect the following information from users who provide us this information in order to create an account and/or from users or third parties relating to an order from Hungry Howie’s or any of its independently owned and operated franchised restaurants or food service providers: your name, your e-mail address, your phone number, your address, your credit card numbers, and your order history (“Personal Information”). We also collect Usage Data and Device Information (as defined below). If you are an employee (or applicant) or a delivery driver, we may collect additional information, as described below.
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 conducts or assists its Franchise Operators with certain marketing or advertising. We also may use Third Party Providers to assist us in formulating, developing, implementing or executing these marketing or advertising efforts. Any information provided by you may be shared with our Franchise Operators or Third Party Providers. Hungry Howie’s, our Franchise Operators or Third Party Providers 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.
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.
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 can collect Usage Data. “Usage Data” may include but is not limited to the collection and use 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 administrative, technical, and operational aspects of a Site, and may include using your IP address to help diagnose problems with our server.
- Your IP address may also be used to gather broad demographic information for aggregate use.
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 may include your hardware model, operating system information, along with versions, software, language preferences, device motion information, and mobile network information. Our servers identify your Device by its Device Identifier and 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
Hungry Howie’s shares PI Info of retail customers (including customers of Hungry Howie’s customers) – including name, purchase history, and last four digits of credit card – with analytics and marketing companies to help us learn about our customers and their preferences and provide tailored offers and advertising. These analytics and marketing companies may combine and enhance this personal information with other information such companies have – like demographic or psychographic information, other purchasing information, and contact information – to help provide analytics or advertising services.
Hungry Howie’s shares PI Info of retail customers (including customers of Hungry Howie’s customers) – including name, purchase history, and last four digits of credit card – with a registered data broker named Bridg. Bridg allows its restaurant and retail clients like Hungry Howie’s to individualize purchases, providing Hungry Howie’s with customers’ purchase history, demographics, location, spend, and other calculated attributes derived from this data (“Company Features”). To provide Hungry Howie’s with services and the Company Features, Bridg utilizes (i) personal information provided to Bridg by or on behalf of Hungry Howie’s (“Client Data”), and (ii) personal information that Bridg licenses from third parties (“Licensed Data”). Even though Client Data and Licensed Data are provided to Bridg, for purposes of California Consumer Privacy Act (“CCPA”), Bridg states that it is considered to have “collected” such data. Because Bridg’s services may involve augmenting and profiling of Client Data with Licensed Data, Bridg elected to register as a data broker under the CCPA, and to provide a public notice. Detailed information on how a consumer may exercise their rights under the CCPA with Bridg can be found at https://bridg.wirewheel.io/privacy-page/5f22b19b0c96fd0020596986 comply with legal process.
- respond to claims that any information you provide violates the rights of third parties.
- protect the rights, property, or personal safety of Hungry Howie’s or its employees, its users and/or the public; or
- in relation to the sale, assignment, transfer, or acquisition of all or substantially all our assets or shares by a third party.
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.
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.
Children's Online Privacy Protection Act ("COPPA")
make no active effort to collect personal information from children under the age of 13 and do not wish to receive any such information.
Additional Rights. Applicable laws may give you additional rights that are not described in this online privacy statement.
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 firstname.lastname@example.org; 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: email@example.com; or
Phone to: (248) 414-3300 and ask to speak to Customer Service.
Date Last Updated: April 1, 2022