Last Updated: November 4, 2019
Collection of Information.
- 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);
- 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 information you choose to provide.
- 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:
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.
- 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.
- 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. 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.
- 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.
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.
- 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 firstname.lastname@example.org, 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 by law or 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. 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.
- 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.
- 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.
- 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.
- 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.