Effective September 26, 2019
Your privacy is very important to us.
Information Use, Sharing and Disclosure
Use of E-mail Addresses
Collection of Information by Third-Party Sites and Sponsors
Your California Privacy Rights
User Generated Content
Usage Information; Use of Tracking Technologies
Visiting the Website from Outside the United States
Whataburger collects two types of information: Personal Information and Other Information regarding users of the Services, either directly or through the activities of third-party suppliers and service providers and/or franchisees (collectively, “Third-Party Suppliers”). We may combine Other Information with Personal Information, and in those circumstances we will treat the combined information as Personal Information.
Personal details, such as your name, age, address, telephone number, e-mail address, birth date, financial and/or demographic information;
Transaction information, including information about the products you buy, prices, method of payment and payment details;
Account information, such as your username or password (or anything else that identifies you) used to access our Services or to buy or use our products and services;
Usage data that may identify you individually, such as your Internet Protocol (IP) address, or information about the device you are using, such as the unique device identifier or mobile equipment identifier for your mobile device;
Profile information, including products and services you like, or times you prefer to visit us; and
Other personal information you choose to give us when you interact with us.
Our Services may collect information about the exact location of your mobile device or computer using geo-location and technology such as GPS, Wi-Fi, Bluetooth, or cell tower proximity. For example, if you use the Whataburger mobile app to find the Whataburger location nearest to your current location, Whataburger and its third-party providers will monitor your geo-location to deliver that information to you. For most mobile devices and computer systems, you are able to withdraw your permission for us to collect this information by using the device or web-browser settings. Please note that some functionality within the Services may not be available or may not fully function if you turn off geo-location services. For example, without geo-location services turned on, Whataburger will not be able to determine the closest Whataburger location to you. If you have any questions about how to restrict your device from providing us with exact information about your location, we recommend you contact your mobile-device service provider, the device manufacturer, or your web-browser provider.
INFORMATION USE, SHARING AND DISCLOSURE
Whataburger will not sell your Personal Information to anyone at any time without your prior permission. We will transfer or otherwise disclose the information we collect from Services visitors and users to employees and independent contractors of Whataburger and its Third-Party Suppliers if (i) the disclosure will enable that party to perform a business, professional, or technical support function for Whataburger, (ii) the disclosure will enable us to facilitate payments, (iii) the disclosure will enable us to prevent or mitigate fraud, or (iv) we are required to do so by law. We do not allow these employees, independent contractors or Third-Party Suppliers to use this information or to share it for any purpose other than to provide services on our behalf. We will also transfer or otherwise disclose Personal Information in response to judicial process, to comply with legal requirements, and, as permitted under provisions of law, to provide information to law enforcement agencies or in connection with an investigation on a matter related to public safety. We may also use your Personal Information as permitted by law to protect our rights or property, the Services, or its users.
We routinely use the Other Information that we collect to improve the design and content of our Services and to enable us to personalize your Internet experience, as well as for general system administration. We also may use this information to analyze site and app usage, as well as to offer products, programs, or services to you or other users like you.
There may be times where we may share information when it does not directly identify you. For example, we may share anonymous, aggregated statistics about your use of our Services. Or we may combine information about you with other customers and share the information in a way that does not link to a specific customer.
We do not respond to web-browser “do not track” signals at this time. We await the result of work by the policy community and industry to determine when such a response is appropriate and what form it should take. However, please see the below section on “Usage Information; Use Of Tracking Technologies” on how to control cookies.
Whataburger may make personalized marketing messages, ads or offers to you through the Services, including our mobile app, based upon: (a) your interaction with the mobile app, our websites, content, or other Services; (b) information from activities such as your purchase and transaction history, including information about you gathered through Whataburger Rewards; and (c) notifications, ads, offers or new Whataburger location announcements or Whataburger events based upon geo-location data collected from your computer or from your mobile device. Such information allows us to provide you with more useful and relevant notifications, ads, offers or announcements. We do not provide any such information to third parties other than the Third-Party Suppliers we use for delivery of notifications, ads, offers or announcements. Also, some third parties may provide us information about you from offline and online sources that we may use to provide you more relevant and useful notifications, ads, offers or announcements.
Please note that if you discontinue use of the Services, including deletion of your MyWhataburger Account, we will retain historical order, payment and MyWhataburger Account profile information, including your personal information.
We and our Third-Party Suppliers may use collected information to establish connections among related web-browsers and devices (such as smartphones, tablets and computers) for targeted advertising, analytics, attribution, and reporting purposes. We and/or our Third-Party Suppliers may match your browsers or devices if you log into the same online service on multiple devices or if your devices share similar attributes that support an inference that they are used by the same person or household. This means that your online behavior (information about your activity on websites or apps on your current browser or device and your device’s geolocation, which may include specific longitude and latitude) may be combined with information collected from your other browsers or devices. For example, our Third-Party Suppliers may use this information to deliver an ad on your tablet or smartphone, to limit the number of times you see an ad across your devices, and to help measure the effectiveness of advertising campaigns across devices.
USE OF E-MAIL ADDRESSES
Whataburger may periodically send informational or promotional e-mail messages. Sometimes these are referred to as newsletters. You will not receive such e-mail messages unless, at the time you provide us with your e-mail address, you indicate that you wish to receive such promotional e-mails. If you are asked for your e-mail address and are not given the opportunity to opt-out of receiving additional information, then the e-mail address is to be used only for the specific service you request. If you subscribe to receive promotional e-mails from Whataburger and wish to stop receiving such e-mails, you may request discontinuation of e-mail messages by clicking the “Unsubscribe” link on the e-mail you received. Please note that even if you opt out of receiving promotional communications, we may continue to send you non-promotional emails, such as those about your account, servicing, or our ongoing business relations.
COLLECTION OF INFORMATION BY THIRD-PARTY SITES AND SPONSORS
We may also provide access to third-party providers of other apps, tools, widgets and plug-ins on our Services, such as Facebook “Like” buttons, which may also use automated methods to collect information about how you use these features. These organizations may use your information in line with their own privacy policies and you are encouraged to check your privacy settings within such third-party platforms and services.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits any California residents who use the Services to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us by sending us an email or letter to the address specified in the “Contact Information” section below. Requests must include “California Privacy Rights Request” in the first line of the request and include your name, street address, city, state, and zip code. Please note that Whataburger is not required to respond to requests made by means other than through the provided email address or mail address.
The Services are not intended for or directed toward children under the age of 13. We do not knowingly collect Personal Information online from children under the age of 13 without parental or guardian consent. You must be 18 to use some portions of the Services. Please contact us via the contact information provided below if you believe we may have collected such information without parental or guardian consent or other than in a manner authorized by law, and we will delete it.
Notice to California residents under 18 years of age: If you are a registered user of online services under the age of 18, and we have actual knowledge of your age, then under California law you may request and obtain removal of certain content or information you have posted on our Services. To do so, please contact us at the address, phone number or email address below. Please note that removal does not ensure complete or comprehensive removal of the content. For example, removal may not be possible or permitted if another provision of law requires the content to be maintained, if it was posted or reposted by others, or if we paid compensation to you in exchange for the posting.
USER GENERATED CONTENT
USAGE INFORMATION; USE OF TRACKING TECHNOLOGIES
Cookies and other “tracking technologies” — now and hereafter developed — may be used to collect information about your interactions with the Services, including information about your browsing and activity behavior. Such tracking technologies include, but are not limited to:
Types of cookies and tags on our Services include:
Functionality: Used to remember your preferences and for facilitating transactions such as purchases.
Performance or Analytics: Used to measure site activity to improve user experience.
Targeting: Used to display information and offers that specifically interest you.
You can adjust the settings in your browser in order to restrict or block cookies that are set by the Services (or any other website on the Internet). Your browser may include information on how to adjust your settings. Alternatively, you may visit www.allaboutcookies.org to obtain comprehensive general information about cookies and how to adjust the cookie settings on various browsers. This site also explains how to delete cookies from your computer.
Local Storage: We use Local Storage, such as HTML5 storage, to store information related to whether a user has chosen to “Remain Logged In” as well as tokens if third party services are used. Third parties with whom we partner to provide certain features on our Services or to display advertising based upon your web browsing activity use Local Storage such as HTML 5 storage to collect and store information. Various browsers may offer their own management tools for removing HTML5 Local Storage.
Web Beacons: Web beacons are small graphic images, also known as “tracking pixels,” “internet tags” or “clear gifs,” embedded in web pages and email messages. Web beacons may be used to count the number of visitors to the Services, to monitor how users navigate the Services, and to count content views.
Embedded Scripts: An embedded script is programming code designed to collect information about your interactions with the Services. It is temporarily downloaded onto your device from our web server or a third party with whom we work, is active only while you are connected to the Services, and deleted or deactivated thereafter.
Location-identifying Technologies: GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location.
In-App Tracking Methods: There are a variety of tracking technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps.
VISITING THE WEBSITE FROM OUTSIDE THE UNITED STATES
300 Concord Plaza Dr.
San Antonio, TX 78216