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WHATABURGER PRIVACY POLICY

Effective February 7, 2023

Version 4.0

 

Your privacy is very important to us.

This Privacy Policy (“Privacy Policy”) describes the information practices of
Whatabrands LLC and its affiliates and subsidiaries (collectively,
“Whataburger”, which may be referred to herein, as the context may require, as
“we”, “us”, or “our”). It describes the information that Whataburger collects
about you on whataburger.com, stories.whataburger.com, shop.whataburger.com, or
any other authorized websites, mobile applications, Online Gift Card ordering
and delivery (as described in the Whataburger Online Services Terms and
Conditions), and other online services, tools or programs where this Privacy
Policy appears (collectively, the “Services”), and how we use and share this
information. This Privacy Policy is not a contract and does not create any legal
rights or obligations. Whataburger reserves the right to modify the Privacy
Policy from time to time without prior notice to you, effective upon the posting
of such modified terms. Your continued use of the Services constitutes
acceptance of any such changes. To ensure that you are aware of current privacy
practices, we recommend that you review the Privacy Policy periodically. If you
do not agree to the changed or modified Privacy Policy, do not use the Services.

Some of our restaurants are owned and operated by franchisees, who are
independent third parties. This Privacy Policy does not apply to our franchisees
or to websites or mobile apps they operate separately. Please see our
franchisees’ privacy notices for information on how they use customer
information.

This Privacy Policy applies only to information collected in connection with
your use of the Services. However, we may combine the information we collect
through the Services with information that we receive in other contexts
(including information you provide or that we obtain over the phone, via fax, or
when you visit a Whataburger restaurant, or information we obtain from
franchisees or referrals), in which case we will treat the combined information
in accordance with this Privacy Policy. Please note that not all of the
features/functionality described in this Privacy Policy are available on or
through each portion of the Services.

Your use of the Services is also governed by the Whataburger Terms and
Conditions (“Terms”), which are available at
https://whataburger.com/home/termsandconditions. Separate terms may also apply
to certain/other programs and services offered by Whataburger. By visiting or
using the Services, you represent you have reviewed this Privacy Policy, and
agree to the Terms, and any other applicable program terms.

For your convenience we have organized our Privacy Policy into the following
topics:

Information Collection

Information Use, Sharing and Disclosure

Cross-Device Technologies

Use of E-mail Addresses

Collection of Information by Third-Party Sites and Sponsors

Your California Privacy Rights

Children’s Privacy

User Generated Content

Usage Information; Use of Tracking Technologies

Information Security

Your Choices, Changing Your Information and Deleting MyWhataburger Accounts

Visiting the Website from Outside the United States

Contact Information

 INFORMATION COLLECTION

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.

For purposes of this Privacy Policy, “Personal Information” is information that
Whataburger can directly associate with a specific person or entity without
additional information. Personal Information includes information that you
voluntarily provide to us when you sign up to use one or more of our Services,
send an e-mail, ask a question, offer an opinion, order items in the online
store, apply to work for us as an employee or independent contractor, or engage
in similar activities on a website. Personal information also includes, but is
not limited to:

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,
including any biometric information that may be collected by Whataburger
Third-Party Suppliers for limited use purposes, such as our optional facial ID
transaction services (“POP ID”).

“Other Information” is any information that is not Personal Information. Other
Information includes non-personally identifiable information which is obtained
by automated means in connection with your interactions with Whataburger, such
as your computer/mobile device operating system and browser type, type of mobile
device, the address of a referring website (if any), and activity related to how
you use our Services, such as the pages you visit on our websites on in our
mobile app. Additional information regarding our use of “cookies” is set forth
below in this Privacy Policy.

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
provide 

We may collect information about you from other companies and organizations. We
may also collect information that is publicly available. For example, we may
collect information about you when you interact with us through social media. If
you link your social media account or engage with Whataburger on social media
platforms, you understand that you may be allowing us to have ongoing access to
certain information stored on those social media networks (e.g., your public
profile, friend list, people you follow or who follow you, your email address,
birthday, work history, education history, interests, current city, website,
personal description, and likes, and your friends’ birthdays, education
histories, personal descriptions, and likes). We may receive certain information
about you which is stored on social media networks if other users of those
networks give us access to their profiles and you are one of their friends or
connections depending upon your settings on those third-party social networking
platforms. We may also receive other information (e.g., content viewed and
information about the advertisements within the content you have been shown or
may have clicked on, etc.) from your interaction with our social media pages.
The information we have access to from the third-party social media networks
varies by network and is controlled by your privacy settings and selections on
the social media networks. The information that may be passed to analytics
providers and advertising partners is collected using cookies and tracking
technologies. By associating an account managed by a third-party with your
MyWhataburger Account and authorizing us to have access to this information, you
agree that we may collect, use, and store information from such third-party
account in accordance with this Privacy Policy.

 INFORMATION USE, SHARING AND DISCLOSURE

Employees, contractors, and Third-Party Suppliers of Whataburger who have access
to Personal Information are required to protect this information in a manner
that is consistent with this Privacy Policy and the high standards of this
organization. Whataburger may use information about you for purposes described
in this Privacy Policy or disclosed to you within our Services. For example, we
may use information about you to: (1) process and manage your purchase and use
of Whataburger products and services, including your accounts, program
participation and payments; (2) respond to your customer service inquiries, post
your comments or statements on any blog or other online forum maintained on our
websites, or take other actions in response to your inquiries or other Services
activities; (3) communicate with you about or fulfill your orders or purchases,
your services, accounts and program participation, a contest or sweepstakes you
have entered, your requests for information, and about our brands, products,
events or other promotional purposes, including co-branded offers and partner
offers; (4) operate, maintain, manage, fulfill and improve our service offerings
and to provide services such as technical support; and (5) protect against,
identify and prevent fraud and other crime, claims and other liabilities. 

If you request information about employment opportunities with Whataburger, or
if you complete an application for employment with Whataburger, we collect the
Personal Information that you provide in connection with such request or
application. If you apply for employment with Whataburger, we may also collect
additional Personal Information about you from third parties to verify, update
or supplement the information you provide us in the application process.
Applicable law may require that you authorize a third party to disclose your
Personal Information with us before such third party can provide it to us.
Failure to authorize such third party to provide us the necessary information,
or failure to provide any other information requested in the employment
application may negatively impact our consideration of your employment
application. By applying for employment with Whataburger, you expressly consent
to our collection, use, and disclosure of your Personal Information in the
manner and for the purposes provided in this Privacy Policy.

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 may share your personal information with other business entities in
connection with the sale, assignment, merger or other transfer of all or a
portion of Whataburger’s business or assets to such business entity (including
due to a sale in connection with a bankruptcy or dissolution). We will require
any such purchaser, assignee or other successor business entity to honor the
terms of this Privacy Policy.

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.

We partner with Third-Party Suppliers to engage in analytics, analysis,
auditing, measurement, research, and reporting, which may be based on Personal
Information or Other Information collected over time, such as through your
participation in Whataburger programs, your activity on the Services, your
device’s geo-location (which may include specific longitude and latitude), and
your activity on unaffiliated third-party sites, mobile apps, or other online
services. Our Third-Party Suppliers may use web logs or pixel tags, and/or they
may set and access cookies or other tracking technologies on your computer or
other device. For example, we may use Facebook, Google Analytics, Advertising
Features and/or other third party services to help collect and analyze certain
information for the purposes described in this Privacy Policy, including to
evaluate our targeted marketing activities. We may use this data in individual
form, in a format that that does not, by itself, identify you individually
and/or aggregated form, we may share information that does not, by itself,
identify you individually and/or aggregated information and/or statistics with
others outside of Whataburger, and we may allow third parties to collect and
aggregate Other Information in connection with the use of tracking technologies.
Your Personal information may also be used for analytics related to tracking
your activities on the Services. For example, we may track which links within
our Service you clicked on.

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.

CROSS-DEVICE TECHNOLOGIES

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

The Services may contain links to various other websites that are not maintained
or related to Whataburger. These links and devices are not sponsored by or
affiliated with the Services or Whataburger. Whataburger has not reviewed any or
all of the sites hyperlinked to or from the Services. While we encourage other
site developers to adopt privacy policies that build users’ trust and
confidence, we are not responsible for the privacy policies, practices or the
content of websites linked to our Services or to which we link. The links are
accessed and used at your own risk, and Whataburger makes no representations or
warranties about the content, completeness or accuracy of these links, or the
sites hyperlinked to or from the Services. Third party websites that are
accessible by hyperlinks from the Services may use cookies and other tracking
technologies that are not subject to this Privacy Policy. Visitors should
consult the other websites’ privacy policies, terms and conditions, and their
other policies to learn how they collect and use personal information before
providing personally identifiable information to them. Whataburger does not
implicitly endorse third party sites hyperlinked to the Services.

 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.

CHILDREN’S PRIVACY

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

Our Services may allow visitors to post messages and submit their own content
(e.g., stories, comments, blogs, postings, tweets, etc.), which may include
Personal Information. Any information you post, tweet or otherwise submit via
the Services becomes public information and is not subject to this Privacy
Policy. By posting or tweeting content, you agree that we may, at our
discretion, use your real or social media user name and all or part of the
content of your post or tweet (including all accompanying images) on our
Services to promote our company, products and services for such time period as
we wish. Whataburger is not responsible for the results of such postings.
Additional terms regarding our use of your posts, tweets and other social media
communications submitted via the Services are contained in the Terms &
Conditions, which are available at the “Terms and Conditions” link at the bottom
of the main page of the whataburger.com website.

USAGE INFORMATION; USE OF TRACKING TECHNOLOGIES

Like most websites, apps and other like services, the Services gather traffic
patterns, usage information, and similar data. This usage data may identify you
individually and we may associate it with Personal Information that we collect
from you on the Services and as otherwise described in this Privacy Policy. We
may use this data in aggregated form or share aggregated statistics about
visitors to and users of the Services with others outside of Whataburger, and we
may allow third parties to collect and aggregate Other Information through the
Services and/or Third-Party Supplier sites accessible from or through the
Services.

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:

Cookies: The Services’ servers, or the servers of Third-Party Suppliers that are
used to operate the Services, may place a “cookie” on your computer, store data
in your computer web-browser or access pre-existing removable tracking features
on your mobile device in order to allow you to use the Services and to
personalize your experience. Cookies are small text files sent by a web server
to your computer, which then may be stored by your browser on your computer's
hard drive. Whataburger may use cookies for various purposes, including to
recognize visitors to our Services, determine the number of visitors to or users
of the Services and ascertain which pages they visit, personalize user
experiences and to generally serve our visitors and users better. Cookies and
browser storage are also useful in allowing more efficient log-in for users,
tracking transaction histories and preserving information between sessions. We
may associate information we collect via cookies with the Personal Information
we collect online. In some cases your computer must accept cookies in order for
us to complete the service or transaction you are requesting. The information
collected from cookies and browser storage may also be used to improve the
functionality of the Services

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.

Device Fingerprinting: Device fingerprinting is the process of analyzing and
combining sets of information elements from your device’s browser, such as
JavaScript objects and installed fonts, in order to create a “fingerprint” of
your device and uniquely identify your device and applications.

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.

INFORMATION SECURITY

Whataburger is committed to the protection of the information covered by this
Privacy Policy, and uses reasonable measures to maintain appropriate physical,
electronic and managerial procedures and safeguards to prevent unauthorized
access, use or disclosure of the information we collect via the Services.
However, no method of electronic transmission or storing of data is guaranteed
to be 100% secure, and therefore, we do not guarantee that the information
collected will never be accessed, used, or disclosed in a manner that is
inconsistent with this Privacy Policy

YOUR CHOICES, CHANGING YOUR INFORMATION AND DELETING MYWHATABURGER ACCOUNTS

We provide you with the ability to review or change certain elements of your
Personal Information and make certain choices about how we use or share Personal
and/or Other Information. You may review, change, or exercise choice regarding
certain of your Personal Information and/or Other Information as follows:

• To update, verify, or delete certain of your Personal Information, please edit
the applicable MyWhataburger Account. If you need assistance, please contact us
using one of the methods listed under the “Contact Information” section below.
Note that not all fields are able to be changed.

• To opt out of informational or promotional e-mail messages from us, see the
“Use of E-mail Addresses” section above, and to opt out of standard Whataburger
cookies and other tracking technologies, see the “Usage Information; Use of
Tracking Technologies” section above.

• To stop sharing your specific longitude and latitude information (e.g.
geo-location information) with us, you may adjust your location preferences on
your computer, browser, or mobile device.

• To delete your MyWhataburger Account, please select the “Delete Account”
function either in the Whataburger mobile application or the applicable
Whataburger website.

• Other choices may be available within your MyWhataburger Account page or
presented to you in certain communications.

In some cases this information may not be immediately updated or deleted,
subject to retention for MyWhataburger Account program administration, dispute
resolution, troubleshooting, and other legal or business reasons, including
within our Third-Party Supplier’s records. Your historical MyWhataburger Account
usage information may remain in our or our Third-Party Supplier’s records.

VISITING THE WEBSITE FROM OUTSIDE THE UNITED STATES

If you are accessing the Services from outside of the United States or otherwise
contacting or visiting us from outside of the United States, please be aware
that your personal information may be transferred to, stored or processed in the
United States, where our servers are located and our database is operated. The
data protection and other laws of the United States and other countries might
not be as comprehensive as those in the country from which you are accessing the
Services. By providing your information, you understand that it may be
transferred to our facilities and to those third parties with whom we share it
as described in this Privacy Policy.

CONTACT INFORMATION

If you have questions about this Privacy Policy, please write or call us at:

Whataburger

300 Concord Plaza Dr.

San Antonio, TX 78216

 1-800-6-BURGER

whataburger.com/contact-us

WHATABURGER PRIVACY POLICY

Effective February 7, 2023

Version 4.0

 

Your privacy is very important to us.

This Privacy Policy (“Privacy Policy”) describes the information practices of
Whatabrands LLC and its affiliates and subsidiaries (collectively,
“Whataburger”, which may be referred to herein, as the context may require, as
“we”, “us”, or “our”). It describes the information that Whataburger collects
about you on whataburger.com, stories.whataburger.com, shop.whataburger.com, or
any other authorized websites, mobile applications, Online Gift Card ordering
and delivery (as described in the Whataburger Online Services Terms and
Conditions), and other online services, tools or programs where this Privacy
Policy appears (collectively, the “Services”), and how we use and share this
information. This Privacy Policy is not a contract and does not create any legal
rights or obligations. Whataburger reserves the right to modify the Privacy
Policy from time to time without prior notice to you, effective upon the posting
of such modified terms. Your continued use of the Services constitutes
acceptance of any such changes. To ensure that you are aware of current privacy
practices, we recommend that you review the Privacy Policy periodically. If you
do not agree to the changed or modified Privacy Policy, do not use the Services.

Some of our restaurants are owned and operated by franchisees, who are
independent third parties. This Privacy Policy does not apply to our franchisees
or to websites or mobile apps they operate separately. Please see our
franchisees’ privacy notices for information on how they use customer
information.

This Privacy Policy applies only to information collected in connection with
your use of the Services. However, we may combine the information we collect
through the Services with information that we receive in other contexts
(including information you provide or that we obtain over the phone, via fax, or
when you visit a Whataburger restaurant, or information we obtain from
franchisees or referrals), in which case we will treat the combined information
in accordance with this Privacy Policy. Please note that not all of the
features/functionality described in this Privacy Policy are available on or
through each portion of the Services.

Your use of the Services is also governed by the Whataburger Terms and
Conditions (“Terms”), which are available at
https://whataburger.com/home/termsandconditions. Separate terms may also apply
to certain/other programs and services offered by Whataburger. By visiting or
using the Services, you represent you have reviewed this Privacy Policy, and
agree to the Terms, and any other applicable program terms.

For your convenience we have organized our Privacy Policy into the following
topics:

Information Collection

Information Use, Sharing and Disclosure

Cross-Device Technologies

Use of E-mail Addresses

Collection of Information by Third-Party Sites and Sponsors

Your California Privacy Rights

Children’s Privacy

User Generated Content

Usage Information; Use of Tracking Technologies

Information Security

Your Choices, Changing Your Information and Deleting MyWhataburger Accounts

Visiting the Website from Outside the United States

Contact Information

 INFORMATION COLLECTION

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.

For purposes of this Privacy Policy, “Personal Information” is information that
Whataburger can directly associate with a specific person or entity without
additional information. Personal Information includes information that you
voluntarily provide to us when you sign up to use one or more of our Services,
send an e-mail, ask a question, offer an opinion, order items in the online
store, apply to work for us as an employee or independent contractor, or engage
in similar activities on a website. Personal information also includes, but is
not limited to:

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,
including any biometric information that may be collected by Whataburger
Third-Party Suppliers for limited use purposes, such as our optional facial ID
transaction services (“POP ID”).

“Other Information” is any information that is not Personal Information. Other
Information includes non-personally identifiable information which is obtained
by automated means in connection with your interactions with Whataburger, such
as your computer/mobile device operating system and browser type, type of mobile
device, the address of a referring website (if any), and activity related to how
you use our Services, such as the pages you visit on our websites on in our
mobile app. Additional information regarding our use of “cookies” is set forth
below in this Privacy Policy.

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
provide 

We may collect information about you from other companies and organizations. We
may also collect information that is publicly available. For example, we may
collect information about you when you interact with us through social media. If
you link your social media account or engage with Whataburger on social media
platforms, you understand that you may be allowing us to have ongoing access to
certain information stored on those social media networks (e.g., your public
profile, friend list, people you follow or who follow you, your email address,
birthday, work history, education history, interests, current city, website,
personal description, and likes, and your friends’ birthdays, education
histories, personal descriptions, and likes). We may receive certain information
about you which is stored on social media networks if other users of those
networks give us access to their profiles and you are one of their friends or
connections depending upon your settings on those third-party social networking
platforms. We may also receive other information (e.g., content viewed and
information about the advertisements within the content you have been shown or
may have clicked on, etc.) from your interaction with our social media pages.
The information we have access to from the third-party social media networks
varies by network and is controlled by your privacy settings and selections on
the social media networks. The information that may be passed to analytics
providers and advertising partners is collected using cookies and tracking
technologies. By associating an account managed by a third-party with your
MyWhataburger Account and authorizing us to have access to this information, you
agree that we may collect, use, and store information from such third-party
account in accordance with this Privacy Policy.

 INFORMATION USE, SHARING AND DISCLOSURE

Employees, contractors, and Third-Party Suppliers of Whataburger who have access
to Personal Information are required to protect this information in a manner
that is consistent with this Privacy Policy and the high standards of this
organization. Whataburger may use information about you for purposes described
in this Privacy Policy or disclosed to you within our Services. For example, we
may use information about you to: (1) process and manage your purchase and use
of Whataburger products and services, including your accounts, program
participation and payments; (2) respond to your customer service inquiries, post
your comments or statements on any blog or other online forum maintained on our
websites, or take other actions in response to your inquiries or other Services
activities; (3) communicate with you about or fulfill your orders or purchases,
your services, accounts and program participation, a contest or sweepstakes you
have entered, your requests for information, and about our brands, products,
events or other promotional purposes, including co-branded offers and partner
offers; (4) operate, maintain, manage, fulfill and improve our service offerings
and to provide services such as technical support; and (5) protect against,
identify and prevent fraud and other crime, claims and other liabilities. 

If you request information about employment opportunities with Whataburger, or
if you complete an application for employment with Whataburger, we collect the
Personal Information that you provide in connection with such request or
application. If you apply for employment with Whataburger, we may also collect
additional Personal Information about you from third parties to verify, update
or supplement the information you provide us in the application process.
Applicable law may require that you authorize a third party to disclose your
Personal Information with us before such third party can provide it to us.
Failure to authorize such third party to provide us the necessary information,
or failure to provide any other information requested in the employment
application may negatively impact our consideration of your employment
application. By applying for employment with Whataburger, you expressly consent
to our collection, use, and disclosure of your Personal Information in the
manner and for the purposes provided in this Privacy Policy.

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 may share your personal information with other business entities in
connection with the sale, assignment, merger or other transfer of all or a
portion of Whataburger’s business or assets to such business entity (including
due to a sale in connection with a bankruptcy or dissolution). We will require
any such purchaser, assignee or other successor business entity to honor the
terms of this Privacy Policy.

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.

We partner with Third-Party Suppliers to engage in analytics, analysis,
auditing, measurement, research, and reporting, which may be based on Personal
Information or Other Information collected over time, such as through your
participation in Whataburger programs, your activity on the Services, your
device’s geo-location (which may include specific longitude and latitude), and
your activity on unaffiliated third-party sites, mobile apps, or other online
services. Our Third-Party Suppliers may use web logs or pixel tags, and/or they
may set and access cookies or other tracking technologies on your computer or
other device. For example, we may use Facebook, Google Analytics, Advertising
Features and/or other third party services to help collect and analyze certain
information for the purposes described in this Privacy Policy, including to
evaluate our targeted marketing activities. We may use this data in individual
form, in a format that that does not, by itself, identify you individually
and/or aggregated form, we may share information that does not, by itself,
identify you individually and/or aggregated information and/or statistics with
others outside of Whataburger, and we may allow third parties to collect and
aggregate Other Information in connection with the use of tracking technologies.
Your Personal information may also be used for analytics related to tracking
your activities on the Services. For example, we may track which links within
our Service you clicked on.

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.

CROSS-DEVICE TECHNOLOGIES

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

The Services may contain links to various other websites that are not maintained
or related to Whataburger. These links and devices are not sponsored by or
affiliated with the Services or Whataburger. Whataburger has not reviewed any or
all of the sites hyperlinked to or from the Services. While we encourage other
site developers to adopt privacy policies that build users’ trust and
confidence, we are not responsible for the privacy policies, practices or the
content of websites linked to our Services or to which we link. The links are
accessed and used at your own risk, and Whataburger makes no representations or
warranties about the content, completeness or accuracy of these links, or the
sites hyperlinked to or from the Services. Third party websites that are
accessible by hyperlinks from the Services may use cookies and other tracking
technologies that are not subject to this Privacy Policy. Visitors should
consult the other websites’ privacy policies, terms and conditions, and their
other policies to learn how they collect and use personal information before
providing personally identifiable information to them. Whataburger does not
implicitly endorse third party sites hyperlinked to the Services.

 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.

CHILDREN’S PRIVACY

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

Our Services may allow visitors to post messages and submit their own content
(e.g., stories, comments, blogs, postings, tweets, etc.), which may include
Personal Information. Any information you post, tweet or otherwise submit via
the Services becomes public information and is not subject to this Privacy
Policy. By posting or tweeting content, you agree that we may, at our
discretion, use your real or social media user name and all or part of the
content of your post or tweet (including all accompanying images) on our
Services to promote our company, products and services for such time period as
we wish. Whataburger is not responsible for the results of such postings.
Additional terms regarding our use of your posts, tweets and other social media
communications submitted via the Services are contained in the Terms &
Conditions, which are available at the “Terms and Conditions” link at the bottom
of the main page of the whataburger.com website.

USAGE INFORMATION; USE OF TRACKING TECHNOLOGIES

Like most websites, apps and other like services, the Services gather traffic
patterns, usage information, and similar data. This usage data may identify you
individually and we may associate it with Personal Information that we collect
from you on the Services and as otherwise described in this Privacy Policy. We
may use this data in aggregated form or share aggregated statistics about
visitors to and users of the Services with others outside of Whataburger, and we
may allow third parties to collect and aggregate Other Information through the
Services and/or Third-Party Supplier sites accessible from or through the
Services.

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:

Cookies: The Services’ servers, or the servers of Third-Party Suppliers that are
used to operate the Services, may place a “cookie” on your computer, store data
in your computer web-browser or access pre-existing removable tracking features
on your mobile device in order to allow you to use the Services and to
personalize your experience. Cookies are small text files sent by a web server
to your computer, which then may be stored by your browser on your computer's
hard drive. Whataburger may use cookies for various purposes, including to
recognize visitors to our Services, determine the number of visitors to or users
of the Services and ascertain which pages they visit, personalize user
experiences and to generally serve our visitors and users better. Cookies and
browser storage are also useful in allowing more efficient log-in for users,
tracking transaction histories and preserving information between sessions. We
may associate information we collect via cookies with the Personal Information
we collect online. In some cases your computer must accept cookies in order for
us to complete the service or transaction you are requesting. The information
collected from cookies and browser storage may also be used to improve the
functionality of the Services

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.

Device Fingerprinting: Device fingerprinting is the process of analyzing and
combining sets of information elements from your device’s browser, such as
JavaScript objects and installed fonts, in order to create a “fingerprint” of
your device and uniquely identify your device and applications.

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.

INFORMATION SECURITY

Whataburger is committed to the protection of the information covered by this
Privacy Policy, and uses reasonable measures to maintain appropriate physical,
electronic and managerial procedures and safeguards to prevent unauthorized
access, use or disclosure of the information we collect via the Services.
However, no method of electronic transmission or storing of data is guaranteed
to be 100% secure, and therefore, we do not guarantee that the information
collected will never be accessed, used, or disclosed in a manner that is
inconsistent with this Privacy Policy

YOUR CHOICES, CHANGING YOUR INFORMATION AND DELETING MYWHATABURGER ACCOUNTS

We provide you with the ability to review or change certain elements of your
Personal Information and make certain choices about how we use or share Personal
and/or Other Information. You may review, change, or exercise choice regarding
certain of your Personal Information and/or Other Information as follows:

• To update, verify, or delete certain of your Personal Information, please edit
the applicable MyWhataburger Account. If you need assistance, please contact us
using one of the methods listed under the “Contact Information” section below.
Note that not all fields are able to be changed.

• To opt out of informational or promotional e-mail messages from us, see the
“Use of E-mail Addresses” section above, and to opt out of standard Whataburger
cookies and other tracking technologies, see the “Usage Information; Use of
Tracking Technologies” section above.

• To stop sharing your specific longitude and latitude information (e.g.
geo-location information) with us, you may adjust your location preferences on
your computer, browser, or mobile device.

• To delete your MyWhataburger Account, please select the “Delete Account”
function either in the Whataburger mobile application or the applicable
Whataburger website.

• Other choices may be available within your MyWhataburger Account page or
presented to you in certain communications.

In some cases this information may not be immediately updated or deleted,
subject to retention for MyWhataburger Account program administration, dispute
resolution, troubleshooting, and other legal or business reasons, including
within our Third-Party Supplier’s records. Your historical MyWhataburger Account
usage information may remain in our or our Third-Party Supplier’s records.

VISITING THE WEBSITE FROM OUTSIDE THE UNITED STATES

If you are accessing the Services from outside of the United States or otherwise
contacting or visiting us from outside of the United States, please be aware
that your personal information may be transferred to, stored or processed in the
United States, where our servers are located and our database is operated. The
data protection and other laws of the United States and other countries might
not be as comprehensive as those in the country from which you are accessing the
Services. By providing your information, you understand that it may be
transferred to our facilities and to those third parties with whom we share it
as described in this Privacy Policy.

CONTACT INFORMATION

If you have questions about this Privacy Policy, please write or call us at:

Whataburger

300 Concord Plaza Dr.

San Antonio, TX 78216

 1-800-6-BURGER

whataburger.com/contact-us



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