PRIVACY POLICY

Updated
10/09/2023

Earth Burger, Inc. and its subsidiaries and affiliates (“Earth Burger,” “we,” “us,” or “our”) value your privacy. This Privacy Policy describes our privacy practices regarding the use of information that we collect from you and that you share with us when you visit Earth Burger’s websites (each a “Site” and collectively the “Sites”), mobile applications (each an “App” and collectively the “Apps”), and the services available through our Sites and Apps including, but not limited to, the administration of our loyalty program “Vibe ClubTM Rewards” and Project PB&J, an initiative of the nonprofit Earth Burger Cares Foundation (collectively, the “Services”). This Privacy Policy only applies to the Sites, Apps, and Services and does not apply to any websites or mobile applications operated or owed by any Earth Burger franchisee or any third-party applications or social media platforms you may access through the Sites, Apps, or Services.

By using any of our Sites, Apps, or Services, you agree to the collection and use of your information as described in this Privacy Policy. If you do not agree with our Privacy Policy, do not use the Sites, Apps, or Services. This Privacy Policy may change from time to time and will be posted here with the “Last Updated” date above. Your continued use of the Sites, Apps, and Services after we make changes to our Privacy Policy is an acceptance by you of the Privacy Policy including any changes, so please check this Privacy Policy periodically for any updates.

1. Information We Collect

The type of information we collect from you depends on your interaction with us and your use of our Sites, Apps, and Services but may include information by which you can be personally identified such as your name, address, email address, telephone number, date of birth, payment information, or any other information the Sites, or Apps collect that is defined as personal or personally identifiable information under applicable law (“Personal Information”). Generally, Personal Information that you provide through the Sites or Apps is information we may seek to provide the Services including online ordering, online purchases, administration of our loyalty program, to enhance our customers’ experience, and respond to your requests.

We generally do not require your Personal Information to visit and view the Sites and Apps. However, you may be required to register for an account with us and provide your Personal Information to use the Services, such as placing orders, making purchases, providing feedback through the Sites or Apps, or to register for our loyalty program. While you are not required to provide your Personal Information, you may not be able to participate in certain Services or access certain areas of the Sites or Apps if you choose not to provide your Personal Information.

1.1 Service Providers

We may also receive Personal Information about you from our service providers who collect your information on our behalf to operate, maintain, or improve the Sites and Apps, facilitate your interaction with the Services. If a service provider collects user data on our behalf, that information is governed by this Privacy Policy. We require our service providers to maintain the confidentiality of the personal information they collect on our behalf and use it only to facilitate, improve, or provide information about the Services.

1.2 Payment Information

If you register with us or make purchases through the Sites or App, we or our service providers may collect and store your payment information needed to process your transaction. We may also collect additional Personal Information such as your postal code, mobile number, and details of your transaction history which are required to provide the Services. Payment processors usually provide us with limited information about you to enable you to make future purchases using the information they have stored. The information collected during credit card transactions is not released to third parties.

BY ACCEPTING OUR PRIVACY POLICY, YOU EXPRESSLY AUTHORIZE US TO USE AND SHARE THE INFORMATION YOU PROVIDE WITH OUR SERVICE PROVIDERS, WHICH MAY BE LOCATED OUTSIDE OF YOUR COUNTRY OF RESIDENCE, EVEN IF SUCH INFORMATION IS COVERED BY LOCAL BANKING LAWS AND TO THE EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHTS UNDER SUCH BANKING LAWS WITH REGARD TO US AND ANY OF OUR SERVICE PROVIDERS. YOU ACKNOWLEDGE AND AGREE THAT THE SHARING OF SUCH INFORMATION IS NECESSARY TO PROVIDE THE SERVICES AND THIS CONSENT IS GIVEN FOR THE DURATION OF YOUR RELATIONSHIP WITH US.

1.3 Automatic Information Collection and Tracking

When you use the Sites, Apps, or Services, we may use technology that collects information about how you access and use the Services which may be combined with other information we have collected about you. The information that we may collect includes:

• Information about your use of the Services, including order history, browsing behavior, traffic data, location data as allowed by your browser and mobile device settings;
• Information about your mobile device and Internet connection, including the device’s unique device identifier connection, IP address, operating system, browser type, mobile network information, URL, cookie data, the device’s telephone number, and Earth Burger mobile application version;
• Orientation or motion generated mobile sensor data;
• Email interconnectivity data, including data related to when you open our message, click on any links or banners it contains, and make purchases; and
• Information about your activities across third party websites, applications, social media platforms, or other online services.

If you do not want us to collect this information, do not use the Sites or download the Apps. By visiting, downloading, installing, accessing, or otherwise using the Sites and Apps, you consent to the use of cookies and other technologies described in this Privacy Policy.

1.4 Tracking Technologies

The technologies we use for automatic information collection may include cookies or mobile cookies—small files placed on your smartphone or device. You may be able to refuse to accept these mobile cookies by activating the appropriate setting on your smartphone; however, if you select this setting you may be unable to access certain parts of the Sites, Apps, or Services. Some features of the Sites, Apps, or Services may use locally stored objects or Flash cookies to collect and store information about your preferences and navigation to, from, and on the Sites, Apps, or Services. For example, to recognize your device when you return to the Sites or Apps or otherwise use the Services. Flash cookies are not managed by the same browser settings as browser cookies. Please understand that there is no accepted standard for how to respond to Do Not Track signals, and we do not respond to such signals. For more information on “Do Not Track,” please visit http://www.allaboutdnt.com.

The Sites, Apps, Services, or our automated emails may also contain small electronic files called web beacons (also known as clear gifs, pixel tags, and single-pixel gifts) that permit us to count users who have visited pages within the Sites or Apps, or opened an email, and collect other related application statistics such as recording the popularity of certain application content and verifying system and server integrity.

1.5 Your Mobile Device

We may also ask you to voluntarily provide information through or about your mobile device or require access to certain applications on your mobile device to offer additional features through the Sites, Apps, or Services. Acceptance of this Privacy Policy does not mean you have granted us permission to access this information. We will ask your permission before accessing such information and providing such information is not required to use the Services. If you grant us permission to access these applications, it does not mean that you are granting us unlimited access to that information. We will only access applications and content that you specifically choose to share.

1.6 Submissions

Through your use of the Sites, Apps, and Services, you may provide other types of information that we collect including information submitted through comments, feedback forms, requests for information, and other correspondence. We also collect information you submit related to potential employment with Earth Burger.

We may also ask you to provide additional information if you enter a sweepstakes, contest, or promotion (“Promotions”) sponsored by us. A Promotion may be held under a privacy policy or terms and conditions that are in addition to or separate from this Privacy Policy. If the terms of the Promotion’s privacy policy or terms of use conflict with this Privacy Policy, those additional or separate provisions will control.

1.7 Third Party Applications

You may have the ability to link with third party websites, applications, or social media platforms through the Sites or Apps. If you choose to interact with these platforms or third-party applications, we may receive anonymous aggregated information related to your activity on the platforms and applications, in addition to information about your publicly available activity including posts and reactions on social media platforms. We may use cookies, widgets, and other technology to collect this information. Any collection and use of data by these third-party websites, applications, or social media platforms is governed by the privacy policy of those third parties and we are not responsible for the privacy practices, policies, or content of any such third-party websites. We do NOT control the collection and use of data of third parties and are not responsible for any Personal Information you provide or content you post on such third-party websites. We encourage you to read the privacy policies of any third-party websites that you visit.

2. How We Use Your Information

The information that we collect helps us to improve the Sites, Apps, and Services to deliver a better, more personalized experience. We use information that we collect from you or that you provide to us, including Personal Information to:

• provide you with the Services and any other information or products that you request from us and to ensure functionality of the Sites and Apps;
• provide guest support and gather feedback about the Services
• provide personalized recommendations, features, and advertising;
• analyze use of the Sites, Apps, and Services, and other third-party websites, applications, or social media platforms that are available through or linked to the Sites or Apps;
• communicate with you (1) about the Services; (2) for research purposes; or (3) for marketing and promotional purposes, including by email, text message, or other electronic messages which you agree to receive and consistent with your account settings;
• provide you notice about your account;
• notify you when updates are available for the Sites or Apps, or when changes to any products or services we offer or provide have been made;
• estimate our audience size and usage patterns;
• store information about your preferences, allowing us to customize our Services according to your individual interests;
• recognize when you use the Sites, Apps, or Services;
• to process your payment or prevent fraud;
• for our career pages, to evaluate job candidates and make personnel decisions; and
• fulfill any other purpose for which you provide the information.

3. Sharing Information

We do not sell your personal information for monetary consideration. However, we may disclose anonymous aggregated information about our users, and information that does not identify an individual, household, or device without restriction. Any information that you post on public areas of the Sites and Apps may be available to all users of the Sites and Apps.

3.1 Franchisees

We may share your information with our franchisees to facilitate your use of the Services, respond to your comments, obtain your feedback about the Services, evaluate your employment application if you apply to franchised location, and otherwise comply with applicable law. Our franchisees must only use your information for the purpose for which it was provided.

3.2 Service Providers

We may use and share your information with our service providers who perform functions on our behalf to the extent necessary to maintain or improve the Sites, Apps, or Services, facilitate your use of the Services, promote the Services, or to process user data in accordance with this Privacy Policy. Our service providers may use that information only as needed to perform their functions or to comply with legal requirements. We require our service providers to maintain the confidentiality of the personal information we provide to them.

However, this Privacy Policy excludes any information that (1) is generally known or available to the public prior to its disclosure; (2) information that is generally known to us prior to its disclosure as evidenced by written and dated materials; (3) information that becomes available to the public, through no fault of ours, after its disclosure to us; (4) information that is disclosed to us by a third party having a bona fide right to do so; or (5) information that is completely developed by us independent of the relationship contemplated by this Privacy Policy.

3.3 Disclosure of Information

We may also disclose Personal Information that we collect, or you provide in the following instances: 1) you authorize it; 2) to complete a transaction for you; 3) to a buyer or other successor in a merger, divesture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about users of the Sites and Apps is among the assets being transferred; and 4) to comply with any court order, law, or legal process, including to respond to any government or regulatory request.

4. Preferences

This section generally describes the mechanisms we provide for you to control certain uses and disclosure of your information.

4.1 Location Information

You can choose whether to allow the Sites or Apps to collect and use real-time information about your device’s location through the device’s privacy settings. If you block the use of location information, some parts of the Sites, Apps, or Services may become inaccessible or fail to function properly.

4.2 Promotion by Us

If you do not want us to use your email address or phone number to promote our products or services, you can opt-out by following the unsubscribe procedures outlined in the email or text you receive. Please note if you opt out of receiving communication from us, we may still send you service communications such as emails about your account or the status of your application.

You may also have a “Limit Ad Tracking” setting (iOS) or “Opt out of Interest-Based Ads” setting (Android) on your mobile device which allow you to limit the use of information about your mobile application usage for purposes of serving personalized advertisements. If you would like more information about choices concerning interest-based advertising, you may visit the following:

http://www.networkadvertising.org/choices/

or http://www.aboutads.info/choices.

5. Updating your Personal Information

You can review and change your Personal Information by logging into your account and visiting your profile page. You may also send us an email at privacy@whichwich.com to request access to, correct, or delete any Personal Information that you have provided to us. Before we can process your request, we will require that you verify your identity. We may verify your identity by sending a secure link to the email address we have on file or by requiring that you provide us with at least three data points we have on file for verification. We cannot delete your Personal Information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete submissions from the Sites or Apps, copies of those submissions may remain viewable in cached and archived pages or may have been copied or stored by other users of the Sites and Apps. Proper access and use of information provided within the Sites and Apps, including submissions, is governed by our Terms of Use.

6. Data Security

We take great care in maintaining the security of user information and have implemented measures designed to secure your Personal Information. Your password protects your user account; therefore, you are responsible for choosing a unique password and keeping it confidential. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password, limiting access to your computer, and logging out after using the Sites, Apps, or Services. You agree to notify us immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Earth Burger or any other user of the Sites, Apps, or Services due to another’s use of your login as a result of you failing to keep your login information secure and confidential.

Although we do our best to protect your Personal Information, we cannot guarantee the security of information transmitted through the Sites or Apps as no method of electronically storing or transmitting data is completely secure.

7. Children

The Site, Apps, and Services are not directed at children under the age of 13 and we do not knowingly collect Personal Information from children under 13. If you are under the age of 13, do not use the Sites or Apps or provide any Personal Information to us. If we receive actual knowledge we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information and not use or disclose that information in accordance with the Children’s Online Privacy Protection Act (“COPPA”) except as required by law. If you believe we may have any information about a child under 13, please contact us at privacy@whichwich.com and use “COPPA Information Request” in the subject line of your communication.

8. California Privacy Rights

The following privacy rights are available to California residents, subject to applicable laws.

8.1 “Shine the Light” Law

California residents have the right to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. You may make one request per calendar year. To make such a request, please send an email to privacy@whichwich.com.

8.2 California Consumer Privacy Act (“CCPA”)

California residents also have the right to request what Personal Information we collect, use, and disclose and to request that we delete Personal Information that we have collected or maintain. You may make a verifiable request for information or request to delete information by calling toll free 1-866-944-2494 or contacting us through the “Contact Us” page of our website located at this link: https://www.whichwich.com/contact/. You may make two requests per calendar year.

We will confirm our receipt of your request for information or request to delete within 10 days. Before we can process your request, we will require that you verify your request for information or request to delete by sending an email verification to the email address on file. We will grant, deny, or otherwise respond to requests for information or requests to delete within 45 days. Please note that before we can grant any such request, the person making the request must verify their identity. We may verify your identity by sending a secure link to the email address we have on file or by requiring that you provide us with at least three of the following that we have on file: your name, phone number, email address, or birthdate.  You may also designate an authorized agent to make a request under the CCPA on your behalf. If you designate an authorized agent to make such requests, we will require that you verify your identity directly with us and will require your authorized agent to provide written proof that you have authorized him or her to act on your behalf. If there is no reasonable method by which we can verify your identity to the degree of certainty required by the CCPA we reserve the right to deny the request to know or request to delete.

You have the right to exercise your privacy rights under the CCPA without receiving discriminatory treatment from us. We respect your right to access and delete your Personal Information and will not discriminate against you for the exercise of any such rights under the CCPA.

We or our service providers have collected the following information in the last twelve months. We have not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding twelve months.

8.3 California Minors – Right to Removal of Posted Information

If you are under 18 years of age, reside in California, and have a registered account with us, you have the right to request removal of certain information that you publicly post on our Sites or Apps. To request removal of this information, please send an email to privacy@whichwich.com. Please note that while we will ensure this information is not publicly available on the Sites or Apps, copies of that information may remain viewable in cached and archived pages or may have been copied or stored by other users of the Sites and Apps.

9. Contact Information

If you have any questions regarding the Sites, Apps, Services or this Privacy Policy, including to receive a copy of this Privacy Policy in an alternative format, please contact us using the information below.

Earth Burger
PO Box 15945
San Antonio, Texas 78212
Phone: 210-254-1391

Email: info@earthburger.com