PRIVACY POLICY

Last modified: December 5, 2016

INTRODUCTION

Qdoba Restaurant Corporation (“Qdoba”, “Company" or "We") respects your privacy and is committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the Website www.qdoba.com or use the Qdoba Rewards mobile app (our "Services") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On this Website and within the Qdoba Rewards mobile app, including when making online or catering orders through our Services.
  • In email, text, and other electronic messages using our Services; or
  • Through your participation in the Qdoba Rewards program or when you interact with other of our advertising applications on third-party Website and Mobile Apps and services, if those applications or advertising include links to this policy.

It does not apply to information collected by or though:

Use offline or through any other means, including on any other website or mobile app operated by any third party (including our franchisees, affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from our Services.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using our Services, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

CHILDREN UNDER THE AGE OF 13

Our Services are not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on our Services and we do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on our Services or on or through any of its features, make any purchases through our Services, use any of interactive or public comment features of our Services or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.

If you believe we might have any information from or about a child under 13, please contact us at Guest.Relations@qdoba.com or
QDOBA RESTAURANT CORPORATION
9330 Balboa Ave
San Diego, CA 92123

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Services, including information:

  • That you provide by filling in forms supplied on our Services. This includes information provided on or through our Services at the time of registering to use Qdoba Rewards, making online orders, posting material, making an inquiry concerning operating a Qdoba franchise, purchasing a physical or digital Q-Cash card or checking your balance on a Q-Cash card with our third party partner, submitting feedback via Qdoba.com/Talktous, using our location finder feature or requesting any other information or services. We may also ask you for information when you enter a contest or promotion sponsored by us, or when you report a problem with our Services.
  • By which you may be personally identified, such as name, postal address, e-mail address, telephone number or any other information our Services collect that is defined as personal or personally identifiable information under an applicable law ("personal information");
  • If you use social media single sign-on, your social media i.d.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Services (including online orders and catering orders made through our Qdoba Rewards Mobile App or qdoba.com website) and of the fulfillment of your orders. You may be required to provide credit card or other financial information before placing an order through our our Services.
  • That is about you but individually does not identify you, such as:
    o Location information, including: Qdoba locations you may have visited, latitude and longitude (when location-based services are enabled) to provide targeted messaging and information on the nearest Qdoba locations, and delivery information provided during ordering.
    o Your personal preferences including: dietary preferences, email and communication preferences; and other optional questions about your purchase behavior and menu preferences.

INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES

As you navigate through and interact on our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on our Services.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or apps or other online services (behavioral tracking). Our Services do not honor browser do-not-track requests. However, you can find information on how to opt out of many website and app participating ad networks at the following sites: Network Advertising Initiative, and Digital Advertising Alliance. Please note that opting out does not prevent all targeted ads from being displayed to you. Also, if you delete cookies after opting out, your opt-out may no longer be effective.

The information we collect automatically is generally statistical data and does not include personal information but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Services according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Services.

WEBSITE AUTOMATIC AND THIRD-PARTY INFORMATION COLLECTION, ANALYSIS AND TRACKING

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services.
  • Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons or Tracking Pixels. Pages of our Services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related Services statistics (for example, recording the popularity of certain content and verifying system and server integrity).

We may tie this information to personal information about you that we collect from other sources or you provide to us. Some content or applications, including advertisements, on the Services are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

MOBILE APP AUTOMATIC AND THIRD-PARTY INFORMATION COLLECTION, ANALYSIS AND TRACKING

When you use the Qdoba Mobile App (the “App”) or its content, we or certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

  • Advertisers, ad networks and ad servers.
  • Analytics companies.
  • Your mobile device manufacturer.
  • Your mobile service provider.

We or these third parties may use tracking technologies to collect information about you when you use the App. The information collected may be associated with your personal information or may include information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. This information might be used to provide you with interest-based (behavioral) advertising or other targeted content.

The information automatically collected and analyzed may include:

  • Usage Details. Certain details of your access to and use of the App, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the App.
  • Device Information. Information about your mobile device and internet connection, including the device's unique device identifier, IP address, operating system, browser type, mobile network information and the device's telephone number.
  • Stored Information and Files. Metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
  • Location Information. Real-time information about the location of your device. Location information is analyzed and used to provide you with local restaurant menus and locations, to send targeted promotional offers, and for research purposes as described more below.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Services and their contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your Rewards, and/or Catering accounts, including expiration notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Services or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Services such as checking Q-Cash card balance, managing Rewards program and submitting online orders.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties goods and services that may be of interest to you. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Qdoba’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Qdoba about our Services’ users is among the assets transferred.
  • To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent. We may also disclose your personal information:
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Qdoba Website terms of use, Qdoba Rewards Terms & Conditions, Qdoba Online Ordering and Catering Terms of Sale and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Qdoba, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your email address or contact information used by the Company to promote our products or services, you can opt-out at the time of providing the data or at any other time by logging into the Qdoba Website or App and adjusting your user preferences in your account profile. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions or use the “unsubscribe” link in the email. This opt out does not apply to information provided to the Company as a result of a product purchase, or other transaction.

We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

ACCESSING AND CORRECTING YOUR INFORMATION

You can review and change your personal information by logging into your Qdoba Rewards account on the Website, App, and visiting your account profile page.

You may also send us an email at Guest.Relations@qdoba.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

SPECIAL NOTICE TO CALIFORNIA CONSUMERS

California residents may request a list of certain third parties to which we have disclosed personally identifiable information about you for their own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. You may request this information in writing by contacting us at Guest.Relations@qdoba.com
or write us at:
QDOBA RESTAURANT CORPORATION
9330 Balboa Ave
San Diego, CA 92123
Please allow up to thirty (30) days for a response.

DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any payment transactions will be encrypted.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted via our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Services.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users' personal information, we will notify you by email to the address specified in your account or through a notice on the Qdoba Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Services and this privacy policy to check for any changes.

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at
Guest.Relations@qdoba.com or write us at:
QDOBA RESTAURANT CORPORATION
9330 Balboa Ave
San Diego, CA 92123