Privacy Policy

Last Updated: January 27th, 2020

This Privacy Policy applies to your access and use of the Checkers websites, mobile applications, loyalty program, digital stored value system, and other online programs (“Checkers Online Services”). By accessing or using any of the Checkers Online Services, you agree that you have read and agree to be bound by this Privacy Policy. If you don’t agree, please do not use any of the Checkers online services.

When you use any of the Checkers Online Services, we may collect information about you and we may share some of all of that information with third parties in certain circumstances. This Policy will give you more details and information about such collection, use and sharing.

Our business is located in the United States. Our online privacy practices are governed by the laws of the United States and the State of Florida. By using any of the Checkers Online Services, you understand and agree that any information you submit or is gathered about you will be transmitted to and stored in the United States. You further consent to the use and disclosure of that information accordance with applicable U.S. Federal and State laws and with this Privacy Policy.

This Privacy Policy may be updated and changed from time to time. Please check periodically for changes. Continued use of Checkers Online Services after publication of changes indicates agreement to the new terms.

List of topics:

Information We Collect

Personal Information. The types of information we collect that identify you or relate to you as an individual (“Personal Information“) may include things such as the following:

  1. Name, Date of Birth, mailing address, telephone number, e-mail address, username and password (for account
    administration), when you supply this information voluntarily
  2. Device ID, including IP address, which are automatically collected and, while they don’t identify you as an
    individual, do identify a particular computer
  3. Geolocation (if you are using a mobile application and you consent to this function)
  4. Financial account information and other payment information (that you submit to us for order processing)
  5. Additional Personal Information you may submit as necessary for the administration of particular promotional
    events, such as sweepstakes or contests
  6. If you are applying for a franchise, date of birth, social security number, contact and employment
    information

Non-Personal Information. Other types of data will also be collected periodically, such as:

  1. Type of browser and operating system, mobile application usage data, and aggregated information such as “click stream” information which means entry and exit points (including referring URLs or domains), traffic statistics, page views, and impressions, all of which are collected automatically
  2. Demographic information you choose to submit and which we may combine on an anonymous basis with similar information from other users
  3. Information collected through cookies, web beacons, pixel tags and other technologies described in more detail later in the Cookies and Web Beacons section of this Privacy Policy
  4. Device Information – Device type, OS and identifier

How We Use Information

We may use Personal Information about you for purposes described in this Privacy Policy or as otherwise disclosed to you through the Checkers Online Services. This includes the following:

  1. Process and manage your purchase and use of our products and services
  2. Respond to your inquiries or requests, and to post your comments or statements on message boards or in our online forums
  3. Create and deliver personalized promotions based on your purchases and other interactions with us
  4. Send you communications about offerings from Checkers and our affiliated companies
  5. Enable your use of social-media functions via our mobile app, such as sending information or offers to friends and family via the app or other social media — when you use this functionality, you acknowledge and agree that you are permitted to use and provide us with your friend’s or family’s name and e-mail address
  6. Improve our online services, including to perform data analysis, audits, fraud monitoring and prevention, identify usage trends, determine the effectiveness of our promotional campaigns, and to operate and expand our business activities
  7. Assess your application for a Checkers franchise

Use or Sharing of Personal Information

Except as set forth below, we will not knowingly disclose your Personal Information to anyone outside of Checkers
Drive-In Restaurants, Inc., or our affiliated companies or franchisees (collectively “Checkers”):

  • To Perform Services For You
    We may disclose your Personal Information to third-party service providers to provide us with services such as website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services necessary to the Checkers Online Services and services you request.
  • Corporate Transactions or Events
    We may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.
  • Compliance with Law
    We may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our affiliated companies; (6) to protect the rights, privacy, safety or property of Checkers or others ; and (7) to enforce our terms and conditions.
  • Franchise Applications
    We may disclose the personal information you submit on a franchise application to our business units, agents, parent company, Affiliates and to third parties as part of our consideration of that application and to help conduct our franchise marketing efforts. We require our agents to respect our privacy practices and not use your personal information for purposes other than to carry out our instructions
  • Third Party Marketing
    If you opt-in to receive marketing communications from third parties, we may, from time to time, share the information you provide to us with a few carefully selected third party marketing partners that we believe offer products or services that may be of interest to you. If you would like us to stop providing your information to our third party marketing partners, you may opt-out by emailing us at MobileCSR@checkers.com or sending a letter to 4300
    West Cypress St. Suite 600, Tampa, FL.

Use or Sharing of Non-Personal Information

Non-personal information may be used for any purpose not prohibited by law. For example, we may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all information that does not identify an individual (or that has been modified to remove individual identification).

Cookies, Web Beacons and Online Advertising

  • What Are Cookies?
    Checkers and its agents use small text files called cookies, (collectively, “Cookies”). Cookies are small pieces of data that we and our agents place in your computer’s browser to store your preferences. Cookies are not themselves personally identifiable, but may be linked to Personal Information that you provide to us through your online interaction with us. A Cookie will typically contain the name of the domain (internet location) from which the Cookie has come, the “lifetime” of the Cookie (i.e. when does it expire), and a value, usually a randomly generated unique number.
  • How We Use Cookies
    We use Cookies so that we can improve your online experience – for example, by remembering you when you come back to visit us, and making the content you see more relevant to you. Cookies also enable us to track online purchases made through the Checkers Online Services.
  • Your Control of Cookies
    Web browsers allow some control of most Cookies through the browser settings. To find out more about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. Please understand, however, if you disable Cookies, some features of the Checkers Online Services may not work as well (or at all) for you.
  • Online Advertising
    We use Cookies and other technologies, such as pixel tags, web beacons, and clear GIF files, to help manage our online advertising program. These technologies may enable us (or third party advertising services we work with) to learn which advertisements bring users to the Checkers Online Services. They also may enable us (or third-party advertising services we work with) to track the actions of users online over time and across different web sites or platforms to measure statistics of our marketing efforts, and to deliver electronic advertisements that may be more relevant to individual consumers and that will improve the consumer experience. For information about how tracking works for online advertising purposes, and what happens when you elect a do-not-track option, visit http://www.aboutads.info/choices.

Social Networking And Third Party Sites

When you sign in or link to the Checkers Online Services through any social networking service, such as Facebook, any information you supply (or have supplied) to us becomes subject to the privacy policy of that social network/service. We do not control, and are not responsible for, the privacy practices of such networks or services. You should consult the privacy policy of such networks/services. If you post information in a public forum it becomes public information. In addition, we may disclose your Personal Information in order to identify you to anyone to whom you send communications through the Checkers Online Services, including through our gifting program. The Checkers Online Services may provide links to other sites or services. If you use such other sites or services, check their privacy policies. We are not responsible for the privacy practices of any other site or service.

California Consumer Privacy Statement

This California Consumer Privacy Statement (“Statement”) supplements the Checkers Privacy Policy and is not intended to contradict or limit the applicability of the information provided in the Privacy Policy.  It applies solely to California consumers and addresses personal information we collect online and offline.  This Statement does not apply to Checkers personnel, franchisee and other affiliated personnel, or job applicants.   

This California Consumer Privacy Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”).

1. Notice of Collection and Use of Personal Information

We may collect the

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following categories of personal information about you:

  • Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, IP address, email address, account name, Social Security number, driver’s license number, passport number, and other similar identifiers
  • Additional Data Subject to Cal. Civ. Code § 1798.80: signature, physical characteristics or description, state identification card number, insurance policy number, education, bank account number, credit card number, debit card number, and other financial information, medical information, and health insurance information
  • Protected Classifications: characteristics of protected classifications under California or federal law, such as race, color, national origin, religion, age, sex, gender, marital status, medical condition, disability, citizenship status, and military and veteran status
  • Commercial Information: commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies
  • Online Activity: Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements
  • Geolocation Data
  • Sensory Information: audio, electronic, visual, olfactory, and similar information
  • Employment Information: professional or employment-related information
  • Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

We may use the categories of personal information listed above for the purposes described in our Privacy Policy and for certain business purposes specified in the CCPA, as described below

  • Performing Services: We may use the following categories of personal information for the purpose of performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • Auditing: We may use the following categories of personal information for the purpose of auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • Short Term Use: We may use the following categories of personal information for the purpose of short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • Security: We may use the following categories of personal information for the purpose of detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • Debugging: We may use the following categories of personal information for the purpose of debugging to identify and repair errors that impair existing intended functionality: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • Internal R&D: We may use the following categories of personal information for the purpose of undertaking internal research for technological development and demonstration: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • Safety: We may use the following categories of personal information for the purpose of undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.

We also may collect additional information or use the information listed above in other ways for which we provide specific notice at the time of collection.

2. Our Prior Collection, Use and Disclosure of Personal Information

We may have collected and used your personal information, as described in section 1 above, during the 12-month period prior to the effective date of this California Consumer Privacy Statement.  For the personal information collected during that timeframe, we describe below: (a) the categories of sources from which we may have obtained the personal information, (b) the categories of third parties with whom we may have shared the information, (c) the categories of personal information we may have sold, and (d) the categories of personal information we may have disclosed for a business purpose.

a. Sources of Personal Information

We may have obtained personal information about you from various sources, including as described below.

  • We may have obtained the following categories of your personal information directly from you (such as when you make a purchase, participate in or register for promotions, offers, programs, contests or sweepstakes, or communicate with us): Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Sensory Information; Employment Information; and Inferences.
  • We may have obtained the following categories of your personal information from your devices (such as when you browse or use our website): Identifiers; Commercial Information; Online Activity; Geolocation Data; Sensory Information; and Inferences.
  • We may have obtained the following categories of your personal information from your family or friends (such as when they contact us on your behalf, or refer you for one of our contests, sweepstakes or other participatory events): Identifiers; Protected Classifications; Commercial Information; Employment Information; and Inferences.
  • We may have obtained the following categories of your personal information from our affiliated companies: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • We may have obtained the following categories of your personal information from vendors who provide services on our behalf: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • We may have obtained the following categories of your personal information from our business partners (such as our licensees, franchisees and promotional partners): Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • We may have obtained the following categories of your personal information from social networking services: Identifiers; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • We may have obtained the following categories of your personal information from online advertising technology companies: Identifiers; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • We may have obtained the following categories of your personal information from government entities: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • We may have obtained the following categories of your personal information from data aggregators and consumer data resellers: Identifiers; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • We may have obtained the following categories of your personal information from public databases: Identifiers; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.

b. Sharing of Personal Information

We may have shared your personal information with certain categories of third parties, as described below.

  • We may have shared the following categories of your personal information with our affiliated companies: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • We may have shared the following categories of your personal information with vendors who provide services on our behalf: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • We may have shared the following categories of your personal information with our business partners (such as our licensees, franchisees and promotional partners): Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • We may have shared the following categories of your personal information with online advertising partners: Identifiers; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • We may have shared the following categories of your personal information with data analytics providers: Identifiers; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • We may have shared the following categories of your personal information with government entities: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • We may have shared the following categories of your personal information with social networking services: Identifiers; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
  • We may have shared the following categories of your personal information with third parties in the event of a corporate transaction, such as an acquisition: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.

c. Sale of Personal Information

We do not sell your personal information in exchange for monetary compensation. We may allow certain third parties (such as certain advertising partners) to collect your personal information via automated technologies on our website in an effort to serve you content and advertisements that may be of interest to you.  The categories of personal information that may have been disclosed in this manner include Identifiers, Commercial Information, Online Activity and Inferences.  You have the right to opt out of this use of your information, as detailed below.

We do not sell the personal information of minors under 16 years of age without affirmative authorization if we have actual knowledge of the individual’s age.   

d. Disclosure of Personal Information for a Business Purpose

We may have disclosed to third parties for a business purpose certain categories of personal information, including: Identifiers, Additional Data Subject to Cal. Civ. Code § 1798.80, Protected Classifications, Commercial Information, Online Activity, Geolocation Data; Sensory Information, Employment Information, Education Information, and Inferences.

3. California Consumer Privacy Rights

Effective January 1, 2020, you have certain choices regarding your personal information, as described below.

  • Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected about you during the past 12 months and details regarding our collection, use, disclosure and sale of such information. To submit an access request, click here or call us at 800-800-8072.
  • Deletion: You have the right to request that we delete certain personal information we have collected from you. To submit a deletion request, click here or call us at 800-800-8072.
  • Opt-Out of Sale: You have the right to opt-out of the sale of your personal information. For information about how to manage cookies and opt out of online interest-based advertising, please see the “Cookies, Web Beacons and Online Advertising” section of our Privacy Policy. Your opt-out of interest-based advertising will be specific to the web browser or device you use at the time you exercise your opt-out rights; if you use multiple web browsers or devices, you will need to opt-out from each browser and device. Opting-out of the use of your information for interest-based advertising purposes does not mean you will stop seeing ads, including interest-based ads, and information that was collected and sold prior to 90 days before your opt-out request may be further used and sold for interest-based advertising purposes. To opt-out of other potential sales of your personal information, please send an email with your request to privacy@checkers.com or call us at 800-800-8072. Please note that we will still share your information in ways that are not a “sale,” such as with our service providers, for our own online advertising purposes.
  • Shine the Light Request: You also may have the right to request that we provide you with a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, as well as the identity of those third parties. You may request this information by contacting us at privacy@checkers.com.

Verifying Requests: To help protect your privacy and maintain security, we will take steps and may require you to provide certain information to verify your identity before granting you access to your personal information or complying with your request. In addition, if you ask us to provide you with specific pieces of personal information, we will require you to sign a declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request.  If you designate an authorized agent to make an access, deletion or opt-out of sale request on your behalf (a) we may require you to provide the authorized agent written permission to do so, and (b) for access and deletion requests, we may require you to verify your own identity directly with us.

Additional Information. If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us.  To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.  This Statement is available in alternative formats upon request.  Please contact privacy@checkers.com or call us at 800-800-8072 to request this Statement in an alternative format.

Children

The Checkers Online Services are not intended for children under the age of 13. We will not knowingly collect any personally identifiable information from children under the age of thirteen (13). If we learn that we have obtained any personally identifiable information about a children under age 13, we will delete that information.

Security

We strive to use reasonable safeguards to help prevent loss, misuse and unauthorized access, disclosure or modification of Personal Information provided or collected through the Checkers Online Services. However, no system is perfect or can guarantee that unauthorized access or theft might not occur.

Retention of Information

Following termination or deactivation of any user account you may create, unless you request that your information be deleted by contacting us, we may retain your information for back-up, archival, legal and audit purposes, and to reactivate your account upon your request. In addition, we may retain and continue to use indefinitely all information contained in your communications to other users of the Checkers Online Services posted to public or semi-public areas of the Checkers Online Services after termination or deactivation of your user account.

Changes and Updates

We will notify you of changes to this Privacy Policy by posting the amended terms on the Checkers.com website at least thirty (30) days before the effective date of the changes. If you have provided us with your email address, we will also notify you of material changes to this Privacy Policy by sending an email at least thirty (30) days before the effective date of the changes to the email address you most recently provided to us. We encourage you to keep the email address you provide to us current, and to promptly notify us of any changes to your email address, so that you may receive any notices we send to you regarding material changes to this Privacy Policy. If you do not agree to the new terms, you should stop using the Checkers Online Services, and if you are a registered user, you may cancel your account with us within the thirty (30) day period by contacting us at MobileCSR@checkers.com and you will not be bound by the new terms. Otherwise, the new terms will take effect after thirty (30) days.

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