Privacy Policy

Effective Date: 7/31/2024

Checkers Drive-In Restaurants and our affiliated entities (“Checkers”, “we”, “us”, “our”) respects your concerns about privacy. This Privacy Notice describes the types of personal information we collect via our websites, mobile applications, loyalty program, digital stored value system, and other online programs (“Checkers Online Services”) as well as through your offline interactions with us, including when you connect with us via telephone, at our restaurants and events, through our surveys, and through our third-party sources, including advertising and social media networks (collectively with Checkers Online Services, the “Checkers Services”). This Privacy Notice also describes how we use the information, with whom we share it, the choices available to you regarding our use of the information and the measures we take to protect the security of the information and how you can contact us about our privacy practices.

Click on one of the links below to jump to the listed section:

• Information We Obtain
• Automated Collection of Information
  • Cookies and Web Beacons
  • How We Respond to Do-Not-Track Signals and Global Privacy Controls
  • Social Media & Our Social Media Pages
• How We Use the Information We Obtain
  • Third-Party Analytics Services
  • Tracking and Interest-Based Advertising
  • Cross-Device Technologies
  • Location
• Information We Share
• Opt-Out Choices
• Your Other Choices
• Notice of Financial Incentive & Bona Fide Loyalty Program
• Children’s Privacy
• Accuracy; Retention & How We Protect Personal Information
• Links to Non-Checkers Sites and Services; Embedded Content
• Updates to Our Privacy Notice
• How to Contact Us
• Additional Information for Certain U.S. Residents

INFORMATION WE OBTAIN

The types of information we collect about you may include:

• Identifiers: Contact information, such as name, telephone number, postal address and email address; Checkers.com or mobile app login credentials, such as your username, password, and security questions and answers, and your date of birth; Demographic information, such as ZIP code, birthday and status as a Rewards member;
• Commercial Information: Payment information, such as credit or debit card number, security code, expiration date and billing address; Purchase and order history information;
• Preference Information: Food preferences, such as information relating to specific food allergies or nutrition preferences;
• Sensitive Personal Information: Precise Geolocation Information, as set forth below under “Geolocation Information”.
• Geolocation Information: Which may include specific longitude and latitude (see the “Location” section of the Privacy Notice below for more information);
• Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information: Photographs, audio communications or video images; and
• Internet or Other Electronic Network Activity: IP addresses, MAC Address, log files, login information, cookies, pixels, beacons, other unique online identifiers, and device and user activity information (e.g., search parameters, online activity such as date and time of accessing our websites, website addresses accessed, the length of website visit, and other usage data);
• Contact Forms and Requests for Information or Support: The identifiers you submit (e.g., contact information such as your name, telephone number, email, etc.), details about the Checkers Services you are interested in, other information you choose to provide, such as through “Contact Us” features or in connection with promotional events;
• Live Chat and Messaging: The Identifiers you submit and all text and other information and content you provide or input through such Chat and Messaging features (where provided to you);
• Inferences: Preferences, behaviors, characteristics (including, for example, age, gender) and similar information inferred from the above categories of information. For example, when using delivery or online ordering services, we collect information about the food selections you make.

User-Generated Content. You are responsible for any data, information, images, messages, documents, and other content that you enter, submit, create, post, upload, transmit, or otherwise provide through or using the Checkers Services, including by providing feedback, participating in forums or discussion boards, by uploading or providing photographs, by submitting product reviews or testimonials, by commenting on blog posts, or by populating a user account or profile (where such options are made available to you). “User-Generated Content” means all data, feedback, information, images, messages, documents, and other content that is entered into, submitted to, posted on, uploaded to, transmitted, streamed, created, or displayed using, or otherwise provided via or using the Checkers Services by you or on your behalf. All User-Generated Content is provided at your own risk. We cannot guarantee that User-Generated Content you provide will not be viewed by unauthorized persons. You understand that, even after removal, copies of User-Generated Content you have provided may remain viewable in cached and archived pages and may have been copied or stored by Internet archives and other Checkers Service users. We will make User-Generated Content available, including publicly available, to other Service users and to the public, as applicable and at its sole discretion, and will use and disclose User-Generated Content for the purpose for which it was provided as indicated at the point of collection. For more information on User-Generated Content, please review our Terms of Use.

Payment. Payments submitted in connection with the Checkers Services must be made via the Services by credit or debit card. With regard to credit and debit card payment, all credit and debit card information is provided directly to our third-party payment processor. We do not directly access, handle, or store your credit or debit card information. To submit payment using the Checkers Services, you will need to provide your name, email address, telephone number, and your credit or debit card number, expiration date, and security code, as well as any such information as necessary to verify the applicable payment. Our payment processor will use your payment-related information in accordance with its privacy policy. Where online storefront on the Checkers Services are hosted or powered by a third party, we encourage you to review any posted terms and privacy policies.

Push Notifications. Where our mobile applications allow for the delivery of “push notifications”, you can opt-out of receiving those notifications by going into your mobile phone device settings and toggling the notifications switch to off.

Job Applications. If you submit a resume, job application, or related materials or other information to us or through the Checkers Online Services, we may use that information to evaluate your qualifications and consider or respond to your inquiry or application. Your submission of a resume, job application, or related information does not in any way require Checkers to review that information or consider you for employment. To view career opportunities at Checkers or to submit a job application you may be redirected to an online career portal operated by a third party. We encourage you to review any terms and privacy policies posted on that portal.

AUTOMATED COLLECTION OF INFORMATION

We may collect certain information by automated means, such as cookies, web beacons, web server logs and other technologies. The information we collect in this manner may include your device IP address, unique device identifier, web browser characteristics, device characteristics, operating system, language preferences, referring URLs, clickstream data, and dates and times of website visits.

When you use our mobile applications, we also may collect certain information by automated means, such as through device logs, server logs and other technologies. The information we collect in this manner may include the device type used, the mobile operating system, device identifiers and similar unique identifiers, device settings and configurations, IP addresses, device ID numbers and unique identifiers, your media access control (MAC) address, your operating system, your device’s screen resolution, your web browser type, the pages you access on the Checkers Services, the websites you access before and after visiting the Checkers Services, the length of time you spend on the Checkers Services, date and time stamps, clickstream data, battery and signal strength, usage statistics, referring emails and web addresses, dates and times of usage, actions taken on the mobile application, and other information regarding use of the mobile application. In addition, we may collect your device’s geolocation information. Your device’s operating platform may provide you with a notification when the mobile application attempts to collect your precise geolocation (See “Location” section below for more information). Please note that if you decline to allow the mobile application to collect your precise geolocation, you may not be able to use all of the mobile application’s features or the offers available through the mobile application.

We may combine this information with other collected information (including personal information) and information obtained from third parties for security reasons and to protect our rights or the rights of others. The suppliers that we use to provide the Checkers Services may collect information about your visits to the Checkers Services and other websites. Some of this information may be collected using cookies and similar tracking technologies.

COOKIES AND WEB BEACONS

Cookies are files that websites send to your computer to uniquely identify your browser or to store information or settings in the browser. A web beacon (also known as an Internet tag, pixel tag or clear GIF) links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. Cookies are small pieces of information that are stored on your device’s hard drive by your web browser. We use cookies to learn and track how you access and use the Checkers Services, including when and how users visit the Checkers Online Services and how popular particular Checkers Online Service pages are and aren’t. We also use cookies to recognize Checkers Online Services users, to help display information on the Checkers Online Services, and to improve your enjoyment and the usefulness of the Checkers Online Services, for example, by remembering and displaying certain information.

The Checkers Online Services may use both cookies that we implement, and cookies implemented by our suppliers and other third parties. “First-party” cookies allow your browser to talk to the actual website that you are visiting, whereas “third-party” cookies allow your browser to talk to third-party websites, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. Our suppliers may use cookies and tracking technologies to track Checkers Online Services users across the Internet to understand how you get to the Checkers Online Services and for the analytics purposes disclosed in this Privacy Notice. We do not have access to or control over these cookies and this Privacy Notice does not cover the use of third-party cookies. Click here for information on the cookies used by Meta. Click here and here for information on the cookies used by Google.

A cookie can either be a “session” cookie or a “persistent” cookie. Session cookies exist only for so long as you are visiting the applicable website. Session cookies are typically deleted or removed when you exit or quit your browser application. Persistent cookies exist for a set period of time, for example, six (6) months or one (1) year. Each time you visit a website that has implemented a persistent cookie, that cookie will remain active until its predetermined expiration date. You can also manually delete persistent cookies as discussed below.

The types of information collected by a cookie and the purposes for which that information is used depends on the type of cookie. By way of illustration, the types of cookies used, the types of information collected by those cookies, and the purposes for which that information is used are described below. We may combine information collected by cookies with other collected information (including, for example, personal information).

• Operationally necessary cookies (also called essential cookies). These are cookies that are required for the operation of the Checkers Online Services. For example, these cookies are required to identify irregular website behavior, prevent fraudulent activity, and improve security. They also allow users of the Checkers Online Services to make use of its functions. Without these cookies, features and services you have requested will not be able to be provided.
• Functional cookies. These cookies allow us to offer you enhanced functionality when accessing or using the Checkers Online Services. This may include to remembering choices you make, for example, remembering your preferences or settings, remembering if you reacted to something on or through the Checkers Online Services so that you are not asked to react to it again, remembering if you have used any feature of the Checkers Online Services before, and enabling social media components. If functional cookies are disabled, various functions of the Checkers Online Services may be unavailable to you or may not work the way you want them to.
• Performance cookies (also called analytical cookies). These cookies assess the performance of the Checkers Online Services, including as part of our analytic practices to help us understand how visitors use and interact with the Checkers Online Services, for example, which pages on our websites users visit most often. These cookies also enable us to personalize content and remember your preferences. These cookies help us improve the way our websites work and provide a better, personalized user experience.
• Advertising or targeted cookies. These cookies record your visits to the Checkers Online Services, the pages you visit on our websites, and the links you have clicked. They gather information about your browsing habits and remember that you have visited a particular website. Company and its third-party advertising platforms or networks may use this information to make the Checkers Online Services and its content more relevant to your interests (this is sometimes called “behavioral” or “targeted” advertising and is further discussed above). These cookies are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns. To find out more about interest-based ads and your choices, please visit the Digital Advertising Alliance, the Network Advertising Initiative, the Interactive Advertising Bureau (IAB) Europe, http://www.allaboutcookies.org, and http://www.youronlinechoices.com.

For more information about cookies, including about advertising cookies and your choices regarding cookies, we suggest you visit the following websites: https://www.consumer.ftc.gov/articles/0042-online-tracking; http://www.allaboutcookies.org; and http://www.youronlinechoices.eu.

Most browsers automatically accept cookies. Browsers generally also allow users to manage cookies in the browser’s settings. For example, a browser may allow you to reject cookies from certain websites, reject certain types of cookies regardless of the website, reject or disable all cookies from all websites, and/or delete previously stored cookies. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of the website. Changing your cookie preferences in one browser will not necessarily carry over to other browsers, so you may need to adjust your preferences each time you get a new device, install a new browser, upgrade an existing browser, or alter or delete a browser’s cookie file.

HOW WE RESPOND TO DO-NOT-TRACK SIGNALS AND GLOBAL PRIVACY CONTROLS

Due to the automatic collection of data using cookies as described above, we do not honor “do not track” requests. For this reason, your selection of the “Do Not Track” option provided by your browser may not have any effect on our collection of information using cookies and tracking technologies.

However, residents of certain U.S. states may opt out by broadcasting an Opt-Out Preference Signal under applicable law, including the Global Privacy Control (GPC), depending on which browsers and/or browser extensions you use that may support such a signal. To look at extensions and browsers supporting the GPC browser signal, visit here: https://globalprivacycontrol.org/. Note that if you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

SOCIAL MEDIA & OUR SOCIAL MEDIA PAGES

The Checkers Online Services may implement widgets, tools, or applications provided by social media platforms and the Checkers Online Services may otherwise allow for interaction, integration, or content sharing with third-party social media platforms and companies. We may be required to implement cookies, plug-ins, and APIs provided by those social media platforms in order to facilitate those communications and features. By choosing to use any third-party social media platform or choosing to share content or communications with any social media platform, you allow us to share information with the designated social media platform. Interactions, integrations, and content sharing with a social media platform and their features may require or allow the social media company to collect information from or about you, whether through cookies, registration information, or otherwise. Social media companies may track your online activity even when you do not choose to interact with the social media platform or its widgets or other features. We encourage you to review the privacy policy of any social media platform that you use or visit in connection with the Checkers Online Services, as those platforms’ respective privacy policies will govern their collection, use, and disclosure of information they collect from you. We cannot be responsible for any use or disclosure of your information or content by third-party platforms, which you use at your own risk.

If you do not want social media platforms to collect information relating to you via the Checkers Online Services or to link information collected via the Checkers Online Services to your social media accounts, we suggest that you: (a) do not connect to or share information with social media platforms using the Checkers Online Services; (b) hide social media platform plug-ins using an ad blocker; (c) always log off completely from social media platforms before visiting the Checkers Online Services or other websites and delete all related cookies; and, (d) where the option is made available by a social media platform, disable the advertising services and networks operated by that platform. For example, you may opt out of X’s interest-based advertising by notifying X through one of the methods it describes here. You hereby acknowledge that we make no guarantee that exercising the foregoing options is guaranteed to prevent applicable social media platforms from tracking you and, further, you acknowledge that we are not responsible for a social media platform’s tracking of you.

We are active on social media. You may have the opportunity to comment on social media platforms regarding, as well as send us reviews and testimonials regarding, Checkers and the products and services we offer and/or to submit or upload related photos and other materials. Checkers reserves the right to post on the Checkers Online Services, other websites, and social media pages any comments, photos, or content that you post on our social media pages or provide to us (whether through social media or otherwise) to the extent permitted by applicable law.

HOW WE USE THE INFORMATION WE OBTAIN

We may use the information we obtain about you to:

• Services and Purpose Collected; Communication With You
  • Provide products and services to you;
  • Administer your participation in surveys, contests, promotions or other programs;
  • Process orders and payment transactions;
  • Manage delivery services;
  • Create and manage your Checkers loyalty program account;
  • Post your comments or statements when you participate on message boards or in our online forums;
  • Provide location-based services to you, such as to help you find a Checkers location or send you notifications or messages based on your location (see “Location” section below for more information);
  • Provide customer support and respond to your inquiries;
  • To send you SMS notifications regarding delivery reminders and key updates that you have specifically requested;
  • To send you email notifications that You have specifically requested;
  • To deal handle inquiries and complaints.
• Personalization; Advertising and Analytics
  • Customize your experience, such as by providing personalized product information, purchase information, coupons and other offers;
  • We may collect your information and share it with our third party service providers to understand how our Checkers Services are used and to improve the Checkers Services (as described further in the “Third-Party Analytics Services” section of the Privacy Notice below);
  • We may use your information for us, or our third party service providers, to use that information to target advertisements for goods and services and to display those advertisements on other websites. The information collected may be associated with your personal information. For more information, please see the “Tracking and Interest-Based Advertising” section of the Privacy Notice below.
• Marketing Communications
  • Send you newsletters and other email communications if you sign up to receive them;
  • Offer promotions or conduct other marketing efforts;
  • Enable your use of social-media functions via our mobile applications, such as sending information or offers to friends and family via the app or other social media — when you use this functionality, you acknowledge and agree that you are permitted to use and provide us with your friend’s or family’s name and e-mail address; and
  • Send you marketing communications regarding the Checkers Services.
• Evaluation and Improvement
  • Operate, evaluate and improve our business (including developing new products and services; enhancing and improving our products and services; managing our communications; analyzing our products, services and customer base; performing data analytics; and performing accounting, auditing and other internal functions); and
  • To create de-identified and/or aggregate personal information and User-Generated Content, and aggregate other information, and use and disclose that aggregate and/or de-identified data for our business purposes, in each case to the extent permitted by applicable law. To the extent we create de-identified and/or aggregate personal information, we take reasonable measures designed to maintain such information in de-identified and/or aggregate form.
• Quality Assurance
  • In order to perform quality assurance and to continuously improve our customers’ experience, to assist with fraud identification, and to assist our customer relationship representatives (for example, through representatives in our call center), we use tools to monitor and record certain user experience information, including, without limitation, audio of customer service calls and information resulting from such calls.
• Lawful Process; Protection of Company
  • Protect against and prevent fraud, unauthorized transactions, claims and other liabilities;
  • Comply with and enforce applicable legal requirements, industry standards and Checkers policies and terms, including our Terms of Use;
  • To maintain the integrity of information and services provided on the Checkers Services;
  • To comply with any legal process;
  • To respond to requests from public and government authorities;
  • To protect our operations or those of any of our affiliates;
  • To protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others;
  • To allow us to pursue available remedies or limit the damages that we may sustain; and
  • As otherwise permitted by applicable law.
• When We Otherwise Have Your Consent
• Business Transfers
  • We may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Checkers assets, financing, or acquisition of all or a portion of our business to another company.

We also may use the information in other ways for which we provide specific notice at the time of collection.

THIRD-PARTY ANALYTICS SERVICES

We may use third party analytics services, such as Google Analytics. The analytics providers that administer these services use technologies such as cookies, web beacons and web server logs to help us analyze your use of the Checkers Online Services. The information collected through these means (including IP address) may be disclosed to these analytics providers, and other relevant third parties who use the information to evaluate use of the Checkers Online Services. To learn more about Google Analytics and how to opt out, please visit https://www.google.com/intl/en/analytics/learn/privacy.html or https://support.google.com/analytics/answer/181881?hl=en. To prevent this data from being used by Google Analytics, follow the instructions to download and install the Google Analytics Opt-out Browser Add-on for each browser you use. Using the Google Analytics Opt-out Browser Add-on will not prevent Checkers from using other analytics tools and will not prevent data from being sent to the Checkers Online Service itself or to Google.

TRACKING AND INTEREST-BASED ADVERTISING

We and third parties may collect information about your online and in-store activities to provide you with advertising about products and services tailored to your interests. This section of our Privacy Notice provides details and explains how to exercise your choices.

You may see our ads on other websites or mobile apps based on your interactions with us because we participate in advertising networks. Advertising networks allow us to target our messaging to users considering demographic data, users’ inferred interests and browsing context. These networks track users’ activities over time by collecting information through automated means, including through the use of cookies, web server logs, web beacons and other technologies. The networks use this information to show ads that may be tailored to individuals’ interests, to track users’ browsers or devices across multiple websites, and to build a profile of users’ activities. The information our advertising networks may collect includes data about users’ visits to websites that participate in the relevant advertising networks, such as the pages or ads viewed and the actions taken on the websites. Accordingly, we and our third-party vendors may collect information about our visitors’ online activities, over time and across third-party websites. This process also helps us track the effectiveness of our marketing efforts. Through Google Ads, Google uses your Internet searches, cookies, and similar identifiers (e.g., pixel tags) to collect information about your visits to the Checkers Online Services and your interaction with our products and services to generate targeted advertisements to you on other websites that you visit across the Internet. We may also enable and implement Google Analytics Advertising Features on the Checkers Online Services. To opt out of remarketing advertising provided through Google, to customize your ad preferences, or to limit Google’s collection or use this information, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Checkers Online Services. To learn about how to opt out of interest-based advertising in the U.S., click here and review the “Opt-Out Choices” section below for additional information about how to exercise your opt-out choices. On your mobile device, your device settings may allow you to prohibit mobile app platforms (such as Apple and Google) from sharing certain information obtained by automated means with app developers such as Checkers. Please remember that changing your settings with individual web browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads from time to time.

CROSS-DEVICE TECHNOLOGIES

We and third parties 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. This information may be used to 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) may be combined with information collected from your other browsers or devices. For example, this information may be used 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. To learn about how to opt out of interest-based advertising in the U.S., click here and review the “Opt-Out Choices” section below for additional information about how to exercise your opt-out choices.

LOCATION

We or our vendors may collect the geolocation (which may include specific longitude and latitude) of your mobile device based upon information identified by your mobile device by, for example, accessing your devices location services, when you allow such access, or by WiFi signals, beacons, Bluetooth or near field communication protocols. We may use and share your mobile device’s geolocation together with personal information or other information to identify your local Checkers restaurant, to provide you with personalized notifications or messaging (for example, that you have a reward available) by email, push notification, online or in-app advertising, or by other means described in this Privacy Notice. You may choose to allow us to access your location by granting the Checkers Online Services access to your location when prompted or through your device’s location services settings. We may also use the Google Maps API(s). Pursuant to the Google Maps APIs Terms of Service, use of this location feature is also subject to Google’s Privacy Policy. For information on how Google categorizes location information, please visit Types of location data used by Google. Both the Google Terms of Service and Google’s Privacy Policy are incorporated into this Privacy Policy by this reference. See “Opt-Out Choices” section below to opt-out of location collection. If you choose to opt out of location collection, certain functionality of the Checkers Online Services may not be available.

INFORMATION WE SHARE

We may share personal information we collect at your request, including disclosing your personal information in order to identify you to anyone to whom you send communications through the Checkers Services, such as through our gifting program. We may share your personal information with our subsidiaries, affiliates and franchisees for the purposes described in this Privacy Notice. We also may share personal information with vendors who perform services on our behalf based on our instructions, including, to conduct analysis and research. We do not authorize these service providers to use or disclose the information except as necessary to perform services on our behalf or to comply with legal requirements.

Without limiting the generality of the foregoing, and pursuant to and consistent with the purposes for collecting your information as set forth in this Privacy Notice, we disclose certain categories of personal information to third parties for a business (or other) purpose:

	Categories of Third Parties Disclosed to	Purposes for Disclosure
Identifiers	Affiliates, Subsidiaries, and Related Entities. Franchisees Subsequent owner(s), successor(s), or assignee(s) or Company. Third Party Service Providers, which include, for example, payment processing companies, data analytics and advertising providers, fraud prevention providers, cloud storage providers, IT service providers, delivery partners, and marketing companies. Law Enforcement.	Services & Purpose Collected; Communication With You Personalization; Advertising & Analytics Marketing Communications Evaluation & Improvement Quality Assurance Lawful Process & Protection of Company With Your Consent Business Transfers
Commercial Information
Preference Information
Sensitive Personal Information	Third Party Service Providers, which include, for example, payment processing companies, data analytics and advertising providers, fraud prevention providers, cloud storage providers, IT service providers, delivery partners, and marketing companies. Law Enforcement.	Services and Purpose Collected; Communication with You. Lawful Process; Protection of Company. With Your Consent. As directed by you or for the performance of an agreement with you, including, for example, to provide services and products requested by you and as reasonably expected in the context of such performance.
Geolocation Information
Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information	Affiliates, Subsidiaries, and Related Entities. Franchisees Subsequent owner(s), successor(s), or assignee(s) or Company. Third Party Service Providers, which include, for example, payment processing companies, data analytics and advertising providers, fraud prevention providers, cloud storage providers, IT service providers, delivery partners, and marketing companies. Law Enforcement.	Services & Purpose Collected; Communication With You Personalization; Advertising & Analytics Marketing Communications Evaluation & Improvement Quality Assurance Lawful Process & Protection of Company With Your Consent Business Transfers
Internet or Other Electronic Network Activity
Contact Forms and Requests for Information or Support
Live Chat and Messaging
Inferences

 

OPT-OUT CHOICES

You may opt out of certain targeted marketing practices in web browsers and mobile applications by following the instructions below. Please note that you will need to opt out separately on all of your browsers and devices, as each opt-out will apply only to the specific browser or device from which you opt out. If you delete or reset your cookies or mobile identifiers, change browsers, or use a different device, any opt-out cookie or tool may no longer work and you will have to opt out again. Note that some third parties may also make their own opt-out process available. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising about Checkers, but the ads will not be targeted based on behavioral information about you.

• Web Browser Opt-Out. To opt out in web browsers, please visit the Network Advertising Initiative Consumer Opt-Out Page at www.networkadvertising.org/choices, and the Digital Advertising Alliance Consumer Choice page at www.aboutads.info/choices. Although our website does not respond to Do Not Track browser signals, some of our vendors may permit you to opt out using Do Not Track functionality.
• Mobile Application Opt-Out. To opt out in mobile apps, please download the Digital Advertising Alliance’s AppChoices tool at www.aboutads.info/appchoices and adjust the advertising preferences on your mobile device. For example, to adjust your advertising preferences in iOS, visit the tracking and advertising settings within the Settings functionality of your mobile device; to adjust your advertising preferences in Android, visit the opt-out of interest-based ads settings within the Settings functionality of your mobile device. You can also use the settings within your device to opt out of or turn off push notifications.
• Location Opt-Out. Most mobile devices allow you to control whether a website or mobile application is allowed to collect your specific longitude and latitude information. For example, Google and Apple provide the following links to instructions on how users can disable location services.
• For Android devices: https://support.google.com/accounts/answer/3467281?hl=en
• For iPhones: https://support.apple.com/en-us/HT207092

Some of the third parties that display our ads on their services may provide you with additional choices to opt out of targeted advertising. For example, social media providers may allow you to control your advertising preferences directly through their services. Please review the privacy policies of the third-party services you use for more information.

Additionally, if you are a resident of certain U.S. states (for example, California, Colorado, Texas, or Virginia) you may have additional and related consumer privacy rights. For more information, please see the “Additional Information for Certain U.S. Residents” section of this Privacy Notice below.

YOUR OTHER CHOICES

Checkers may, to the extent permitted by applicable law and in accordance with your preferences, use you information to send you promotional communications about Checkers, our products and services, and other products, services and events that you may be interested in. Checkers will obtain your prior consent for such promotional communications solely to the extent required by applicable law. In order to provide you with a personalized experience, these communications may be tailored to your preferences based on, for example, inferences we make using your visits to the Checkers Services or the links you click on in our emails. Specifically with regard to text messaging, if you opt in to receiving text messages (SMS and MMS) on the Checkers Services when prompted, Checkers may send you autodialed and other text messages at the telephone number you provide relating to your use of the Checkers Services. Consenting to receiving text messages is not required to buy goods or services or to otherwise do business with us. Message and data rates may apply. To unsubscribe from marketing emails, click the “unsubscribe” link found in our marketing email messages. You may also contact us as described in “How to Contact Us” section below to update your preferences, submit a request, or ask questions about this Privacy Notice. You may also update your preferences online through your Checkers and Rally’s Rewards account. We may use third-party service providers to provide you promotional and marketing communications. For more information, please see our Terms of Use. Note that, even if you opt out of receiving promotional communications from Checkers, you may still receive administrative communications from us with respect to your use of the Checkers Services.

CHILDREN’S PRIVACY

The Checkers Online Services are not intended for children under the age of 16 and do not knowingly collect personal information from children under the age of 16.

ACCURACY; RETENTION & HOW WE PROTECT PERSONAL INFORMATION

Personal information you provide to us should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes should be accurate, complete, and up to date. We will retain your personal information for as long as it’s needed to fulfill the purposes outlined in this Privacy Notice and our Terms unless a longer retention period is required or permitted by law (e.g., tax, accounting, or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it; if that is not possible (e.g., because your personal information has been stored in back-up archives), we will securely store your personal information and isolate it from any further processing until deletion is possible.

We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized access, destruction, loss, alteration, disclosure or use. However, Checkers does not and cannot guarantee that unauthorized access, unauthorized disclosure, loss, theft, misuse, and alteration of information will not occur. We do not publish all of our security measures online because this may reduce the effectiveness of our security measures. The storage and communication of information can never be completely secure.

If you become aware of any breach of the Services’ security or of this Privacy Notice, please notify us at privacy@checkers.com immediately.

LINKS TO NON-CHECKERS SITES AND SERVICES; EMBEDDED CONTENT

For your convenience and information, the Checkers Online Services may provide links to or plug-ins of non-Checkers websites, apps and services that may be operated by companies not affiliated with Checkers. The privacy practices of the relevant third parties, including details on the information they may collect about you, is subject to the privacy notices of these parties, which we strongly suggest you review. We are not responsible for the content or privacy practices of any websites, apps or services that are not owned or controlled by Checkers.

The Checkers Online Services may also incorporate content, including feeds, scripts embedded in the Services’ code, and visible content (e.g., videos), provided by third parties. In some cases, those third parties collect data about how you interact with their content. The Checkers Online Services may also include Google Maps features and content. Google Maps features and content is subject to the then-current versions of Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://www.google.com/policies/privacy/.

UPDATES TO OUR PRIVACY NOTICE

This Privacy Notice may be updated periodically to reflect changes in our personal information practices. Changes to the Privacy Notice will be posted on this page. For significant changes, we will notify you by posting a prominent notice on our website indicating at the top of the Privacy Notice when it was most recently updated (for mobile applications, a notice will be posted on the mobile app store page or within the mobile app).

HOW TO CONTACT US

You can contact us with questions about this Privacy Notice by using the “Contact Us” section of the website.

ADDITIONAL INFORMATION FOR CERTAIN U.S. RESIDENTS

Certain U.S. states require additional disclosures and provide users residing in such U.S. states with additional choices and rights. This section of the Privacy Notice only applies to individuals located in such U.S. states and where such U.S. state data protection laws apply to our processing of your personal information.

A. SOURCES OF PERSONAL INFORMATION

We may have obtained personal information about you from various sources, including as described below.

• We may have obtained the following categories of your personal information directly from you (such as when you make a purchase, participate in or register for promotions, offers, programs, contests or sweepstakes, or communicate with us): Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Sensory Information; Employment Information; and Inferences.
• We may have obtained the following categories of your personal information from your devices (such as when you browse or use our website): Identifiers; Commercial Information; Online Activity; Geolocation Data; Sensory Information; and Inferences.
• We may have obtained the following categories of your personal information from your family or friends (such as when they contact us on your behalf, or refer you for one of our contests, sweepstakes or other participatory events): Identifiers; Protected Classifications; Commercial Information; Employment Information; and Inferences.
• We may have obtained the following categories of your personal information from our affiliated companies: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
• We may have obtained the following categories of your personal information from vendors who provide services on our behalf: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
• We may have obtained the following categories of your personal information from our business partners (such as our licensees, franchisees and promotional partners): Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
• We may have obtained the following categories of your personal information from social networking services: Identifiers; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
• We may have obtained the following categories of your personal information from online advertising technology companies: Identifiers; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
• We may have obtained the following categories of your personal information from government entities: Identifiers; Additional Data Subject to Cal. Civ. Code § 1798.80; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
• We may have obtained the following categories of your personal information from data aggregators and consumer data resellers: Identifiers; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.
• We may have obtained the following categories of your personal information from public databases: Identifiers; Protected Classifications; Commercial Information; Online Activity; Geolocation Data; Sensory Information; Employment Information; and Inferences.

B. SENSITIVE PERSONAL INFORMATION

As noted in the “Information We Obtain” section of this Privacy Notice above–only where we have received your permission–we collect precise geolocation information. Under certain applicable laws, precise geolocation may be considered “sensitive” personal information.

We may use such precise geolocation information for the following purposes, in accordance with the “Location” section of the Privacy Notice above:

• purposes as directed by you or for the performance of Service you request and as reasonably expected in the context of such performance;
• with your consent;
• to protect our legal interests and to ensure the physical safety of ourselves and other individuals; or
• to carry out our obligations under applicable law.

We do not sell or share sensitive personal information with any third parties for cross-context behavioral advertising or to use for their own purposes. We will only collect and use this information after receiving your prior consent.  You have the ability to disable the sharing of this information with us at any time through the settings on your mobile device as noted in the “Location” section of the Privacy Notice.

C. SALE & SHARING OF PERSONAL INFORMATION

We do not sell your personal information in exchange for monetary compensation. However, we sell your personal information to, and share your personal information with, third parties for the purpose of cross-contextual behavioral advertising purposes (e.g., targeted advertising and remarketing). Applicable U.S. state data protection laws hold such disclosures and sharing to be considered “selling” or “sharing”. Therefore, you have the right to opt out of such selling and sharing. In the preceding 12 months, we have sold or shared the following categories of personal information with the following categories of third parties and for the following purposes:

Category of Personal Information Sold or Shared	Category of Third-Party Recipient	Purpose
Identifiers	Analytics, marketing, advertising, and remarketing partners and service providers	Analytical and targeted advertising purposes (including, without limitation, cross-contextual behavioral advertising). Specifically, to target advertisements for goods and services and to display those advertisements on other websites.
Internet or other electronic network activity information	Analytics, marketing, advertising, and remarketing partners and service providers	Analytical and targeted advertising purposes (including, without limitation, cross-contextual behavioral advertising). Specifically, to target advertisements for goods and services and to display those advertisements on other websites.

You have the right to opt out of the selling or sharing of your personal information as described herein. You may exercise this right to opt out by contacting use through the methods set forth below under the “Exercise Your Rights” section of the Privacy Notice below, or by clicking the “Your Privacy Choices” option in the footer of the website.

We do not sell, or share for cross-contextual behavioral advertising, the personal information of minors under 16 years of age without affirmative authorization if we have actual knowledge of the individual’s age.   

D. RIGHTS

Applicable laws in your jurisdiction that are also applicable to our processing of your personal information—subject to all applicable limitations, exemptions, or exceptions—may grant you certain rights. Those rights may include:

• The right to notice and confirmation.You may have the right to be notified which categories of personal information are being collected and the purposes for which the personal information is being used and to confirm whether we are processing Your personal information.
• The right to request access.You may have the right to request access to any personal information we hold about you. You may also have the right to request that We disclose information to you about Our collection, use, sale, disclosure for business purposes and share of personal information. Once We receive and confirm your request, We will disclose to you:
  • The categories of personal information We collected about you
  • The categories of sources for the personal information We collected about you
  • Our business or commercial purpose for collecting or selling that personal information
  • The categories of third parties with whom We share that personal information
  • The specific pieces of personal information We collected about you
  • If We sold your personal information or disclosed your personal information for a business purpose, We will disclose to you:
    • The categories of personal information categories sold
    • The categories of personal information categories disclosed

• The right to data portability. You may have the right to receive all such personal information about you from us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another entity where this is technically feasible.
• The right to say no to the sale of personal information (opt-out).You may have the right to direct Us to not sell your personal information.
• The right to delete personal information.You may have the right to request the deletion of your personal information, subject to certain exceptions. Once We receive and confirm your request, We will delete (and direct Our Service Providers to delete) your personal information from our records, unless an exception applies.
• The right to rectification (correction) of personal information. You may have the right to request the correction of your personal information.
• The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your consumer’s rights.

We do not use your personal information to profile you in furtherance of decisions that produce legal or significantly similar effects (as may be defined under applicable law).

The above rights are only exercisable by you where the applicable law grants you the right being exerted and where no exception or exemption under applicable law applies. You may also have a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. To exercise the rights described herein (only to the extent applicable), you may submit a verifiable request to us by through the methods set forth under the “Exercise Your Rights” section below.

E. NOTICE OF FINANCIAL INCENTIVE / BONA-FIDE LOYALTY PROGRAM

Under certain U.S. state laws (for example, California, Colorado, and Connecticut) and only where applicable to our processing of your personal information, our Rewards Program (see terms here) (the “Program”) may be considered a financial incentive program and/or a bona fide loyalty program. In order to provide you with the incentives and rewards under the Program as described in the Rewards Terms and Conditions, we use personal information about you, including, for example, your first and last name, your birth date, phone number, email address, purchase history (such as those connected to earning and/or redeeming rewards), physical address, etc. to identify you as a member of the Program and to associate you with your transactions (such as those connected to earning and/or redeeming rewards) and your account. We are unable to provide and administer the Program and provide you with an account without such information. For example, without your personal information, we have no method available to associate your transactions with your account and are unable to verify your access to your account. In such context, the value of the personal information you provide us is related to the non-fixed value of the rewards, as described further described in the Rewards Terms and Conditions that you can obtain through your participation in the Program, less the expense to Checkers in its offering and administration of the Program.

As stated above, we process all personal information in accordance with this Privacy Notice. Consistent with the Privacy Notice, in providing and administering the Program we may disclose your personal information to our Loyalty Partners (as defined below), service providers (including, without limitation, payment processing companies, fraud prevention providers, cloud storage providers, IT service providers, and marketing and advertising partners), and law enforcement. We employ the services of third-party service providers that assist in the provision of benefits to you, such as our SMS and email providers that assist in sending you coupons and rewards that are provided under the Program and assist in providing and facilitating the Program (“Loyalty Partners”).

You can opt-in to the Program through the methods set forth above in the Rewards Terms and Conditions. You have the right to withdraw—and to have your account cancelled and deleted permanently (including, without limitation, all rewards you may have earned) therein—at any time by emailing rewards@checkers.com. You acknowledge that upon the deletion and cancellation of your account, your rewards will also be deleted, and you hereby forfeit all such rewards upon any such cancelation and deletion.

F. EXERCISE YOUR RIGHTS

If this Privacy Notice expressly stated above that you have certain rights or applicable law grants you certain rights as it relates to this Privacy Notice and personal information we collect, you may submit a verifiable request to us by

• Calling: 800-800-8072
• Emailing: privacy@checkers.com with “Data Request” or something substantially similar in the subject line of the email
• Visiting: Our privacy rights request form

Only you or a registered agent (if and only as permitted under applicable law) that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. If you have a registered agent act on your behalf, we have the right to authenticate such agent’s authority to act. Without limiting the foregoing, the verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We will respond to your request within the applicable timeframe required under applicable law. If we deny your request, you can appeal such denial by emailing us at privacy@checkers.com. If the appeal is denied, you may submit a compliant to the applicable government regulator or authority in the jurisdiction in which you are located (which, for U.S. residents, includes the state Attorney General in the state in which you reside).