Last Updated: October 28, 2019
- Collection of Information.
- Information You Provide to Us. We collect personal information you provide directly to us or through our service providers. For example, we, or a third party acting on our behalf, collect personal information when you create an account, place an order or make a purchase, fill out a form, participate in contests, promotions or surveys, apply for a job, inquire about becoming an authorized operator (including, but not limited to, a franchisee), contact us about potential real estate locations, host a charity fundraiser at one of our stores or request charity donations from us, engage with us via third party social media sites, request customer support or otherwise communicate with us.
The types of personal information we may collect include:
- your name, email address, phone number, postal address, postal code, birth date, MOD account username and password, social media usernames;
- photographs, if you choose to upload a Profile Photo (please note that providing our application with access to a photo library on a mobile device may result in collection of personal information regarding other photos stored on the device);
- limited payment information, such as the last four digits of your credit card number, payment card type, and expiration date;
- if you are applying for employment, your résumé information, such as employment and education history;
- if you are inquiring about becoming our authorized operator, your net worth and restaurant operation experience;
- if you are requesting our participation in a fundraising event or seeking charity donations from us, name and address of the charity organization, event details and tax exempt ID; or any other personal information you choose to provide.
We may collect and store information about your transaction when you place an order or make a purchase through the website, mobile app, or in our stores, such as the items ordered, the transaction amount, the date and location of the store of your order, and limited payment information, such as payment card type, expiration date, and the last four digits of your card number; however, we do not collect or store full payment card numbers and all payment card transactions are processed by our third-party payment processors.
When you access or use our Services, we automatically collect certain information, including, but not limited to:
- Log Information: We may collect log information about your access and use of our website, including but not limited to, your domain name, the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Services.
- Device Information: We may collect information about the computer or mobile device you use to access our Services, such as the hardware model, operating system and version, unique device identifiers, mobile network information, and browsing behavior.
- Location Information: When your device location identification setting allows, we may collect information about the precise location of your device each time you access or use our website or one of our mobile applications or otherwise consent to the collection of this information. For more details, please see “Your Choices” below.
- Information Collected by Cookies and Other Tracking Technologies: We and our service providers use various technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, device recognition technologies, in-app tracking methods, and other tracking technologies now and hereinafter developed (“Tracking Technologies”) to collect information about you and our interaction with our Services or e-mails, including information about your browsing and purchase behavior, and as otherwise described in this policy, including in Section 5. Cookies are small data files stored on your hard drive or in device memory that help us improve our Services and your experience on these Services, see which areas and features of our Services are popular and count visits. Web beacons are electronic images that may be used in our Services or emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.
We may also receive information about you from other sources and link or combine that with information we collect about you.
In some cases, we may also collect information you provide about others, such as when you refer someone to our Services (such as for certain promotions), or when you make a purchase for others or specify items for others in your party. We will use this information to fulfill your requests and will not send marketing communications to your contacts unrelated to your requests, unless they separately consent to receive these communications from us.
We may use information about you for various purposes, including, but not limited, to:
- provide, maintain and improve our Services, including your in-store, online and mobile application ordering experience;
- provide and deliver the products and services you request, process orders, transactions and send you related information, including confirmations and receipts;
- send you technical notices, updates, security alerts and support and administrative messages;
- investigate and prevent fraudulent transactions and other illegal activities;
- respond to your comments, questions, requests and provide customer service;
- with your express or implied consent as may be required under applicable law, communicate with you about products, services, offers, promotions, rewards, and events offered by MOD and others, and provide news and information we think will be of interest to you (for information about how to manage promotional communications, please see “Your Choices” below);
- monitor and analyze trends, usage and activities in connection with our Services;
- personalize and improve the Services and, with your express or implied consent as may be required under applicable law, provide advertisements, content or features that match user profiles or interests;
- process and deliver contest and promotion entries and rewards;
- link or combine with information we get from others to help understand your needs and provide you with better service;
- with your express or implied consent as may be required under applicable law, share information you provide to us during an online or in-store transaction to a third party who will assist us in providing offers and product recommendations that may be of interest to you.
- assess and respond to employment, franchise/authorized operator, charity events or donations, or other applications; or
- carry out any other purpose for which the information was collected.
MOD is based in the United States and the information (including any personal information) we collect is maintained and processed in the United States and other countries where our servers may be located. If you choose to use our Services, you understand and agree that we may store and process the information you provide to us in the United States and other countries. As a result, this information may be subject to access requests from governments, courts, or law enforcement in the United States and other countries according to their laws.
If you are located in the European Economic Area (EEA), please note that MOD does not intend to offer goods and services (including the Services) to EEA individuals. By accessing or using the Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the United States and other countries, where you may not have the same rights as you do under the law of the jurisdiction from which you access the Services.
Personal information we collect is managed from our offices at Bellevue, Washington, USA.
- with our affiliates, subsidiaries and authorized operators to provide products and services you request and to support our business function and authorized operator network;
- with third-party vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
- in response to a request for information if we believe such disclosure is required or permitted to comply with any applicable law, rule, regulation or legal process;
- if we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of MOD or others;
- in accordance with applicable law, in connection with, or during negotiations of any merger, acquisition, transfer, liquidation, restructure, sale of company assets, listing of our securities with a securities exchange, financing, reorganization, or acquisition of all or a portion of our business by another company; and
- with your consent or at your direction.
We may also use and share aggregated or de-identified information, which cannot reasonably be used to identify you.
The Services may offer social sharing features and other integrated tools (such as the Facebook “Like” button), which let you share actions you take on our Services with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
We may allow others to serve advertisements on our behalf across the Internet and to provide analytics services. Some information about your use of the Services and certain third-party services may be collected using Tracking Technologies across time and services, and used by MOD and third parties (including our service providers) for purposes such as to associate different devices you use, and deliver relevant ads and/or other content to you on the Services and certain third-party services. These entities may use Tracking Technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by MOD and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Services and other websites and better understand your online activity. For more information about interest-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.
We may also work with third parties to serve you ads as part of a customized campaign on third-party platforms (such as Facebook or Twitter). As part of these ad campaigns, we may convert information about you, such as your email address and phone number, into a unique value that can be matched with a user account on these platforms to allow us to learn about your interests and to serve you advertisements customized to your interests. Note that the third-party platforms may offer you choices about whether you see these types of customized advertisements.
MOD takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
- Account Information. You have a right to request access to your personal information and to request a correction to it if you believe it is inaccurate. If you have submitted personal information to MOD and would like to have access to it, or if you would like to have it corrected, please contact us using the contact information provided below. We will use reasonable efforts to comply with your request; however, in some cases we may not be able to allow you to access certain personal information in certain circumstances, for example if it contains personal information of other persons, or for legal reasons. We may require you to verify your identity before you access your personal information. In addition, you may update, correct or delete account information at any time by logging into your account. If you wish to deactivate your account, please send an email email@example.com, and include your name, account name (if different), contact information, and a request to deactivate your account. Please note, however, that we may retain certain information that you provide through our Services as required or permitted by law, including for legitimate business purposes. We also may retain cached or archived copies of information about you for a certain period of time.
- Cookies and other Tracking Technologies.
- Location Information.
- Promotional Communications.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Services. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to web sites you visit. Like many online services, we currently do not alter our practices (that is, honor the do-not-track signal) when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but we are not responsible for the completeness or accuracy of this third-party information.
When you first launch some of our mobile applications or visit one of the pages on our website that collect location information, you may be asked to consent to the collection of location information. If you initially consent to our collection of location information, you can later stop this collection by changing the settings on your mobile device or Internet browser. If you do so, certain features of our Services will no longer function. You can also stop our collection of location information by our mobile application(s) by following the standard uninstall process and removing the MOD application(s) from your mobile device.
You agree that, with your express or implied consent as may be required under applicable law, we may send promotional and non-promotional notifications or alerts to you, including to your mobile device. You may opt out of receiving promotional communications from us by sending a letter to MOD at 2035 158th Ct NE, Suite 200 Bellevue, WA 98008 (Attention: Customer Service) or in a manner that may otherwise be provided for in those communications or, if permitted through functionality, by editing the preferences of your account. If you opt out, we may still send you non-promotional communications, such as those about your account, your transactions or our ongoing business relations, where such communications are required or permitted by law. With respect to push notifications or alerts to your mobile device, you can elect to stop receiving these messages at any time by changing the notification settings on your mobile device.