Privacy Policy

Last Updated: December 30, 2019

This Privacy Policy explains how information about you is collected, used, protected and disclosed by MOD Super Fast Pizza, LLC or its affiliates or authorized operators (collectively, “MOD,” “our,” “we” or “us”). This Privacy Policy applies to information we collect when you use our website, mobile application and other online products and services, or when you interact with us in person at one of our stores (collectively, the “Services”).

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice, such as adding a statement to our homepage or sending you an email or push notification. We encourage you to review the Privacy Policy whenever you access the Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.

  1. Collection of Information.

    1. Information You Provide to Us. . We collect information you provide directly to us or through our service providers. For example, we, or a third party acting on our behalf, collect 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 information we may collect include:

      • your name, email address, phone number, postal address, ZIP 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 information regarding other photos stored on the device);
      • 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 information you choose to provide.
    2. 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.

    3. Information We Collect Automatically When You Use the Services.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 configure your settings on your devices to allow 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 Privacy 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.
      • In-store Cameras We use in-store cameras for security purposes and for operational purposes such as improving the customer experience.

    4. Information We Collect from Other Sources. Certain functionalities on the Services permit interactions that you initiate between the Service and certain third-party services, such as third-party social networks (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Services and a Third-Party Service; “liking” or “sharing” MOD’s content; logging in to the Services using your third-party service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a Third-Party Service (e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other third-party services, information you post or provide access to may be publicly displayed on the Services or by the third-party service that you use. Similarly, if you post information on a third-party service that references the Services (e.g., by using a hashtag or handle associated with MOD in social media post), your post may be used on or in connection with the Services or otherwise by MOD. Also, both MOD and the third party may have access to certain information about you and your use of the Services and any third-party service.
    5. Information We Collect About Others. 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.

  2. Use of Information.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;
    • 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 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;
    • 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 we collect is maintained and processed in the U.S. and governed by U.S. law. 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 U.S., where you may not have the same rights as you do under the law of the jurisdiction from which you access the Services. MOD is not responsible for, and makes no representations regarding, the policies or business practices of third parties (including where information is maintained and processed), including, without limitation, service providers and third-party services (including Social Features) associated with the Services.

  3. Sharing of Information.We may share information about you as follows or as otherwise described in this Privacy Policy:
    • 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 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 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.

  4. Social Sharing Features.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.
  5. Advertising and Analytics Services Provided by Others.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 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.
  6. Security. MOD takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
  7. Your Choices.
    1. Account Information. 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 to feedback@modpizza.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 applicable law. We also may retain cached or archived copies of information about you for a certain period of time.
    2. Cookies and other Tracking Technologies; Your Choices. 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.

      You may exercise choices regarding the use of cookies from Google Analytics by going to https://tools.google.com/dlpage/gaoptout or downloading the Google Analytics Opt-out Browser Add-on.

      You may choose whether to receive some interest-based advertising by submitting opt-outs. Some of the advertisers and service providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. MOD is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
    3. Location 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.
    4. Promotional Communications. You agree that 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. 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.

  8. Your California Privacy Rights.
    1. We provide California residents with the option to opt-out of sharing “personal information” as defined by California’s “Shine the Light” law with third parties, including MOD affiliates or our authorized operators, for such third parties’ own direct marketing purposes. California residents may exercise that opt-out, and/or request information about MOD’s compliance with the Shine the Light law, by sending a letter to MOD at 2035 158th Ct NE, Suite 200 Bellevue, WA 98008 (Attention: Customer Service). Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that MOD is only required to respond to one request per customer each year.
    2. In addition to the rights in this section, California residents have certain rights under the California Consumer Privacy Act. Please see below for our CCPA Privacy Notice.
    3. Any California residents under the age of eighteen (18) who have registered to use the Services, and who posted content or information on the Services, can request removal by contacting MOD at 2035 158th Ct NE, Suite 200 Bellevue, WA 98008 (Attention: Customer Service). Requests must include “California Privacy Rights Request” in the first line of the description and include your street address, city, state, and ZIP code. Requests must detail where the content or information is posted and attesting that you posted it. MOD will then make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished or archived content by search engines and others that MOD does not control.

  9. Your Nevada Privacy Rights. Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and we don’t have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please contact dataprivacy@modpizza.com and provide your name and email address, in an e-mail with “Nevada Data Privacy” in the subject. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this Privacy Policy. We may share your data as explained in this Privacy Policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this Privacy Policy.
  10. Contact Us. If you have any questions about this Privacy Policy, please contact us at feedback@modpizza.com.

California Consumer Act Privacy Notice

This California Consumer Act Privacy Notice (“CCPA Notice”) applies to “Personal Information” we have collected about “Consumers” as a “Business”, as each of those terms is defined by the California Consumer Privacy Act (“CCPA”) in California.

We collect and share the following categories of Personal Information (“PI”) from the corresponding sources and for the corresponding purposes set forth in the table below.

Category
of PI
Sources
of PI
Purposes for Collection Categories of third Parties
with Whom PI is Shared
Purposes of third Parties Receiving PI
1.Identifiers
(e.g., Name, Phone Number, Email Address, I.P. Address)
You, Vendors, our authorized operators, Social Features Providing the Services, improving our Services, quality assurance, research and development, marketing Our service providers and agents who perform services on our behalf (“Vendors”), our authorized operators, advertising partners Providing the Services on our behalf, debugging, detecting security incidents, prevention of fraud and illegal activity, quality assurance, marketing
2.Personal Records
(e.g., Name, Phone Number, Email Address)
You, our authorized operators, Vendors, Social Features Providing the Services, improving our Services, quality assurance, research and development, marketing Vendors, our authorized operators, advertising partners Providing the Services on our behalf, detecting security incidents, prevention of fraud and illegal activity, quality assurance, marketing
3.Consumer Characteristics
(e.g., age)
You Providing the Services, quality assurance, prevention of fraud and illegal activity Vendors, advertising partners Providing the Services on our behalf; quality assurance, prevention of fraud and illegal activity
4.Customer Account Details / Commercial Information
(e.g., your order history, rewards program details)
You, our authorized operators, Vendors, Social Features Providing the Services, improving our services, quality assurance, research and development, marketing Vendors, our authorized operators, advertising partners Providing the Services on our behalf, quality assurance, research and development,
marketing
5.Internet Usage Information
(e.g., information regarding your interaction with our online services)
You, your devices, advertising partners, Social Features Providing the Services, debugging, improving our services, improving our services, quality assurance, prevention of fraud and illegal activity, research and development, marketing Vendors,advertising partners Providing the Services on our behalf, detecting security incidents, prevention of fraud and illegal activity, quality assurance, marketing
6.Geolocation Data
(e.g., if you enable this feature on your device while using our app)
You, your devices Providing the Services, debugging, improving our services, improving our services, quality assurance, prevention of fraud and illegal activity, research and development, marketing Vendors, advertising partners Providing the Services on our behalf, detecting security incidents, prevention of fraud and illegal activity, quality assurance, marketing
7.Sensory Data
(e.g., recordings of customer service calls, store security camera footage)
You, Vendors Providing the Services, improving our Services, quality assurance, research and development, prevention of fraud and illegal activity Vendors, our authorized operators Providing the Services on our behalf, improving services, quality assurance, prevention of fraud and illegal activity
8.Inferences from PI Collected
(e.g., your preferences, your likelihood of interest in certain of our services)
You, your devices, our advertising partners, our internal systems Providing the Services, improving our services, marketing Vendors, advertising partners Providing the Services on our behalf, improving services, quality assurance, research and development,
marketing

In addition, we may collect, use, and disclose your PI as required or permitted by applicable law or as directed by you, in accordance with this Privacy Policy.

We do not knowingly “sell” PI that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. We also list cookies and provide access to their privacy information and, if available, opt-out programs here www.modpizza.com/cookie-policy. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising here. We do not represent that these third-party tools, programs, or statements are complete or accurate.

Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you, so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals, and we may recognize certain such signals if we conclude such a program is appropriate.

California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions at our Consumer Rights Request page here https://privacyportal-cdn.onetrust.com/dsarwebform/0d1b297a-e5e0-4ff1-8168-93433dbc3d5c/9a642599-67cf-4662-bd2a-5c561ac9dac7.html and respond to any follow up inquires we may make. You may also obtain information on how to make, and may submit, a request by asking a manager at any of our California retail locations.

Some PI we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.

We will make commercially reasonable efforts to identify PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.

To make a request according to your rights to know or to request deletion of your PI set forth below, please visit https://privacyportal-cdn.onetrust.com/dsarwebform/0d1b297a-e5e0-4ff1-8168-93433dbc3d5c/9a642599-67cf-4662-bd2a-5c561ac9dac7.html and following the instructions there, or call us at 877-212-0465 (U.S. toll-free). When you contact us to make a request, we will ask you to provide certain information that we will use to verify your identity. We will use the information that you provide in order to determine if it matches with information in our systems. We reserve the right to follow up and request additional information in order to verify your identity. For your specific pieces of information, as required by the CCPA, we may apply heightened verification standards.

You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:

  • The categories of PI we have collected about you.
  • The categories of sources from which we collected your PI.
  • The business or commercial purposes for our collecting or selling your PI.
  • The categories of third parties to whom we have shared your PI.
  • The specific pieces of PI we have collected about you.
  • A list of the categories of PI disclosed for a business purpose in the prior 12 months or that no disclosure occurred.
  • A list of the categories of PI sold about you in the prior 12 months or that no sale occurred. If we sold your PI, we will explain:
    • The categories of your PI we have sold.
    • The categories of third parties to which we sold PI, by categories of PI sold for each third party.

You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining.

Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.

Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.

You may alternatively exercise more limited control of your PI by instead exercising one of the following more limited opt-outs: commercial email opt-out or deletion of your MOD Rewards account.

We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale, and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. For a list of our current financial incentive programs and their terms, including how to opt-in or withdraw your opt-in, and the basis for valuing your PI in connection with program benefits, click here. https://modpizza.com/rewards-terms/ Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.