Effective Date: April 29th, 2013
Welcome. This Policy is designed to help you understand generally how wendys.com (the "Site") collects personally identifying information about you and how it uses and discloses personal information. Wendys.com is a Web site of Wendy's International, LLC ("Wendy's," "we," "us"). You may contact us at our Address For Legal Notices below. This Policy applies to information that personally identifies you (other than publicly available information and certain aggregate information that does not expressly identify you individually) ("personal information") collected on wendys.com or other sites that appear to be controlled or managed by Wendy's or, where indicated, other information you provide to us.
Table of Contents
- How Does This Policy Relate to Use of the Site?
- Information We Automatically Collect
- Information We Collect That You Provide
- Other Websites
- What We Generally Do with Personal Information Collected
- Your Ability to Update Personal Information
- Information Security
- Your Particular Consents
- Information About Enforcement of Our Policy
1. How Does This Policy Relate to Use of the Site?
This Policy is supplemented by additional policies relevant to particular activities, and each of the supplemental policies will also apply and should be read together with this Policy. Here are examples of areas in which you will encounter supplemental privacy policies but this list is not complete: a supplemental policy may be included within this Policy (e.g., the Careers Policy), elsewhere on the Site with respect to a particular activity, or on a third party site relating to Wendy's business (e.g., Wendy's Advisors Panel). To the extent the supplemental policies are not set forth within this Policy, they are incorporated into this Policy.
2. Information We Automatically Collect
Wendy's collects some information automatically from visitors to the Site, for example through the use of "cookies", "web beacons", and other technologies. These technologies make your use of the Site or our operations more convenient. We use these technologies for a variety of purposes such as to improve your on-line experience, to manage Site traffic, to assess promotional effectiveness, to track information such as the total number of visitors, IP addresses and browser types, access times, pages viewed and referring website addresses. We may also employ these technologies so that we remember you when you return to the Site. For example, we may collect information about your activities on the Site so we may make product recommendations, to tailor content to your interests, or to provide shopping cart services during a future visit to our Site. We may also deliver ads or make recommendations in the context of your current visit to our Site or a single search query in our Site.
We generally do not share information from "cookies" and the like with third parties other than our service providers and within the Wendy's Organization (as defined in Section 8, below), but reserve the right to do so. For example, we may share information from "cookies" or other technologies used on our Site with our service providers or within the Wendy's Organization, but only on an aggregate basis or to facilitate our business or marketing purposes (or those of our affiliated entities). If we materially change the type of information we automatically collect or the way in which we share it, we will notify you.
3. Information We Collect That You Provide
It is always your choice, or the choice of anyone acting for you, whether to provide personal information. However, some must be provided to participate in certain programs or activities (such as to apply for a job), so the decision not to provide information might limit or eliminate certain functions of the Site or the ability to participate. Other information is up to your good judgment, e.g., do not provide personal information about yourself that could be misused by others in a chat room, bulletin board, blog or similar forum and do not provide personal information about others without their permission. Depending on what you choose, the kinds of personal information we tend to request about you or others include but are not limited to your name, email address, telephone number, physical address, your preferences for products, programs or services and participation in our surveys, clubs, promotions, contests, sweepstakes or loyalty programs and other information relating to particular activities. We may also collect credit or debit card information if you are making a purchase. Additional information about what we collect is available in any supplemental privacy policies for particular activities (e.g., employment related information provided in the Career portion of our Site).
4. Other Websites
In addition, many Wendy's restaurants are owned and operated by franchisees, who are independent business people. Wendy's franchisees are responsible for their Web sites and associated content. Your use of those sites is subject to different privacy policies and terms and conditions. We are not responsible for the practices and policies of franchisees.
5. What We Generally Do with Personal Information Collected
In general, we use personal information we collect to respond to your inquiries or requests, administer surveys, clubs, promotions, contests, sweepstakes or loyalty programs, process and manage your purchases, consider your job application and to engage in the activity (and related activities) for which we collect it. For example (and without limitation), if you sign up for a newsletter, we'll send the newsletter; if you apply for a job, we'll use the information to find out about you and share it with service providers and others we view as relevant to the employment process; if you opt-in to receive emails, texts or other electronic communications from us, we may make recommendations or deliver advertisments about our products and services. Further information is available in the supplemental policies for some activities, but you should assume that we will use all information for all lawful purposes. Subject to applicable law, we reserve the right voluntarily or involuntarily to make all lawful, worldwide uses of personal information, including without limitation, to: collect, use, access (or bar access), process, fulfill, disclose, display, share, respond to legal process or otherwise exercise our rights under applicable law, transfer, store, sell, lease, retain, commingle, investigate, verify, prove, enforce, delete, and otherwise deal with personal information, and information other than personal information, voluntarily or involuntarily (collectively "Disclose").
6. Your Ability to Update Personal Information
In general, our systems do not provide the ability for you to update your information at this time. If your information has changed, you may submit your new information as a new registration or subscription when appropriate (as determined by us). Some activities allow some updating, e.g., you may update your "Career" profile by using the functionality in that section of the Site.
We keep personal information for as long as we think is necessary or advisable and we reserve the right to retain it to the full extent not prohibited by law. We may discard personal information in our discretion, so you should retain your own records, and not rely upon our storage of any personal information or other data.
7. Information Security
WE DO NOT GUARANTEE THE SECURITY OF PERSONAL INFORMATION OR OTHER INFORMATION IN ANY FORM. We make what we believe to be commercially reasonable efforts to provide a reasonable level of security for personal information we are required to protect, but this is not a promise that your information will never be disclosed except as provided herein. As you probably know, information can sometimes be intercepted or accessed in violation of law, contract or policy and technologies don't always work as anticipated.
8. Your Particular Consents
Consent to Share and Disclose Personal Information, Including Data Transfers Internationally. We may share information within the Wendy's Organization. The Wendy's Organization includes Wendy's International, LLC, our subsidiaries, affiliates and franchisees of any of them. We may also share information with companies that provide support services to us (such as credit card processors, mailing houses, web hosts, technical support providers, fulfillment centers or other services or for enforcing or investigating transactions or business operations). These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose, but we do not control these companies. You agree that Wendy's and those with whom we share personal information ("Recipients") may Disclose and transfer your personal information worldwide (including in and outside the U.S, the European Union and other jurisdictions ) for any purpose relating to our operations, programs, or otherwise that is not allowed or prohibited by this Policy.
Consent to Electronic Notice If There is a Security Breach. If we or a Recipient is required to provide notice of unauthorized access or other invasion of certain security systems, you agree that we (or they) may do so when required (or voluntarily) by posting notice on our Site or sending notice to any email address we have for you, in our (or their) good faith discretion. You agree that notice to you will count as notice to others for whom you are acting, and agree to pass the notice on to them.
We do not want to collect information from children. Do not provide any personal information unless you are at least 13 years of age, and please caution your children not to provide any. If a child under 13 has provided personal information, a parent or guardian may so inform us by writing us at Our Address for Legal Notices (see below) and we will use commercially reasonable efforts to delete it from our database, subject to applicable law and this Policy.
10. Identity Theft
If anyone believes they're a victim of identity theft entitled by law to request information from us, write us at Our Address For Legal Notices and we'll explain what information we require in order to respond. After receiving that information, we'll supply (without charge) information we then have that we are legally required to provide (subject to applicable law and reserving all rights and defenses).
12. Information About Enforcement of Our Policy
Our Address for Legal Notices:
Wendy's International, LLC
One Dave Thomas Blvd.
Dublin, Ohio 43017
Information That We Collect in Careers. In addition to the personal information that we collect on the Site generally, in the Careers section you may set up a "general account" so you can receive "job alerts." To create a general account, we will require you to supply your email address and create a user name, password and security question to allow you to access your account later. When you create a general account, we collect your name, address, education level. We also collect your job preferences such as, job level, schedule, availability to travel, job type and geographic area. If you create a general account, we will attempt to send you "job alerts" that might match your account, however, we have no obligation to do so.
If you want to apply for a job, you will need to establish an "application account" which will require you to supply your email address and create a password and secret question to allow you to access your account later. When you submit an application, or authorize us to obtain a "consumer report" (such as a background check), we tend to collect personal information, including but not limited to: name, address, telephone number, resume, employment history, reference information, compensation and educational history, social security number and so on. You are responsible for ensuring that that the information you submit is complete, accurate and up-to-date. You also agree that, to the extent allowed by us and our Site, you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness.
Access to Information. You may update your general account or your application account (collectively "account") information by using the "edit" functionality in the account area. Wendy's retains information submitted in the Careers section in accordance with its records retention policy. We reserve the right to delete information stored by or for you and sometimes information will need to be re-entered. Accounts may be deleted at any time by clicking the "My Account Options" link and selecting the "deactivate" function. Deactivating your account will also withdraw any existing applications. Because of the way we maintain accounts, residual copies of your account information and other information associated with your account may remain on our backup systems. Neither changes to or deletion of an account will alter information already submitted or relied upon.
- to our Wendy's recruiters and third parties who help us authenticate Applicants or review qualifications and credentials or to contact references and conduct background checks;
- to our affiliates and other third parties or persons with whom Applicant might work if Applicant gets the job;
- when we are looking for someone who might fit a job need of ours and to contact a previous Applicant to see if he or she might be interested in a job for which the Applicant did not apply. However, we do this in our discretion and without any obligation to do so;
- to communicate about receiving the application or about the job for which application was made, or to deliver legal or other notices; and
- to comply with applicable laws, including without limitation, checking names against anti-terrorism lists, complying with immigration restrictions or for statistical or reporting purposes.
If Applicant gets a job with us, we store the application and other information upon which we relied in Applicant's personnel file (or in an electronic format) and we may base post-employment decisions on it (including disciplinary actions) or we may use it to administer benefits, performance reviews, training, or for regulatory compliance.
Job Terms. Specific information about the terms and conditions of employment associated with a particular position, will be set forth on the date of hire and they may be different than information on the Site. Postings on the Site do not represent an offer of employment. Any offer of employment must be made in person by an authorized representative of a Company Store or a Franchise Store in accordance with their respective hiring policies and procedures.
Franchise Career Opportunities. Some Wendy's locations are owned and operated by Wendy's third party franchisees (Franchise Stores). We do not list positions for Franchise Stores on the Careers section of the Site - we only list positions for locations owned and operated by Wendy's International, LLC (Company Stores). The positions in Wendy's Company stores may be subject to different terms and conditions, including, but not limited to benefits and employment policies, than those positions in Franchise Stores. Wendy's International, LLC accepts no responsibility or liability with respect to the terms and conditions of employment with Franchise Stores.
Table of Contents
- Creating a Profile
- Email Consent
- Your Ability to Edit your Profile Information
- How to Print a Copy of this My Wendy's Policy
A. CREATING A PROFILE
- to Wendy’s service providers so we may communicate with you about our latest news and to provide you coupons and promotional information;
- within the Wendy’s Organization and to our service providers to facilitate our business or marketing purposes; and
- as stated in the Email Consent section below.
B. EMAIL CONSENT
When you create a profile, you will be consenting to receive future emails from Wendy’s International, LLC and its existing or future affiliates and subsidiaries (and their service providers and business partners) for marketing purposes and to help us improve products and services, including emails regarding surveys, clubs, promotions, offers, contests, sweepstakes, loyalty programs, processing and managing purchases and to engage in other related activities. Such emails will include an easy opt-out feature or you can opt-out by clicking the “unsubscribe” link on our sign-in page at any time. You may opt-out of receiving all emails from Wendy’s or just certain emails from Wendy’s. If you opt-out of receiving all emails from Wendy’s, we will maintain your profile so you can use other features of My Wendy’s, but we won’t send you emails (except pursuant to the following sentence). You may not opt-out of emails that we’re allowed to send by law or contract, such as messages relating to a transaction with or affecting you or a business relationship or request that you have made.
C. YOUR ABILITY TO EDIT YOUR PROFILE INFORMATION
You may edit your profile by changing things such as your user name (your email address) or your zip code. You agree that such change does not affect in any manner your original consent to receive emails. If, however, you wish to change your original consent to receive emails, you will be asked to confirm your change. For example, you may use the edit feature to stop receiving future promotional and/or other email communications from Wendy’s as described in the Email Consent section above. If you deactivate your profile entirely, we will usually maintain your profile information for a reasonable period of time after you deactivate it (e.g., for purposes such as fraud control, documentation or if you have a question about why you are not receiving further communications from us). After that, we may stop keeping or render it inactive, but we reserve the right to keep or use it longer subject to applicable law or contracts.
Only individuals thirteen (13) years of age or older may create a profile. Users between the ages of thirteen (13) to eighteen (18) must review this My Wendy’s Policy with a parent or legal guardian to ensure the parent or legal guardian agrees to this My Wendy’s Policy. In the event that the user’s parent or legal guardian does not agree to this My Wendy’s Policy, the user must immediately discontinue use of My Wendy’s.
F. HOW TO PRINT A COPY OF THIS MY WENDY’S POLICY
If you wish to print a copy of this My Wendy’s Policy, please click the link at the bottom of the sign-up page.
Information That Is Automatically Collected by Apps. When you download or use an App, personal information about you, or the device that you use in connection with the App, may automatically be collected by us, or by third parties. This may include, for example, information about your download or use of the App, unique device identifiers associated with the device(s) you use to download or use the App or associated with equipment or systems used in connection with your device (e.g., an identifier of a Wi-Fi router or Internet access point). Third parties may also obtain information, such as your mobile device manufacturer or carrier, mobile or data network systems or operators, other providers of other apps or code on your device, and anyone who has administrative privileges to devices you use. In general, we do not control what information those kinds of third parties may receive and do not take any steps affirmatively to provide them with more information than they would obtain from other apps you might choose to download (we just feel that it is important to remind you that there are third parties who may receive information through apps).
You may also be reminded by the app “store” (e.g., a third party platform you might use to obtain the App, such as Apple iTunes store or Google Play, etc.) that certain information might be sought by us or others, or that certain privacy policies will apply to an App. You agree that we may rely upon any consents or agreements you provide to such stores (e.g., if you tell them that it’s okay that an App collect “location” or other personal information, we may rely on your consent as if you had given it directly to us).
Information That You Provide That is Collected in Apps. In addition to the types of personal information that we collect on the Site generally, additional information may be collected in an App. For example, when using our My Wendy’s App, you may register to create a My Wendy’s account profile (and you must do so to use the mobile payment feature). Registration will actually occur on our website, and you will need to supply your email address a password and the other information required for a My Wendy’s account profile (which is subject to the terms of the My Wendy’s Policy). When you register, App features may allow you to provide other information as well. For example, you can create menu selections to remember meal combos or learn about nutritional information; store information about past purchases or experiences at Wendy’s; purchase, use or load certain gift card and/or credit card information into the App; share general location information with us and the App in connection with locating nearby Wendy’s locations; or provide preferences related to offers and incentives that we and our affiliates might offer. The information you decide to include will be synchronized from time to time between our website and the App so that you may have access to it from several devices.
Updates to, and Deletion of, Information. You may update some information (not all of which will necessarily be personal information) provided to an App by using any functionality in the App for that. For example, if you have saved a meal selection, or have provided information about a gift card, you can change or delete it using any options in the App. You can remove Apps by deleting or uninstalling them from all of devices they are on. Properly removing the App will stop your device from providing further information to us or others, but will not affect information already collected or Disclosed, including information that resides somewhere else. For example, our App synchronizes with your My Wendy’s account profile on our website (and vice versa) and the website information for such account profiles is held by us. To eliminate that website information, you will need to edit your account profile information on our website as described in the Your Ability to Edit your Profile Information section of the My Wendy’s Policy. Additionally, because of the way we maintain account profiles, residual copies of account profile, App and other associated information may remain on our backup systems. Also, App or information removal (full or partial) will not have any effect on information already Disclosed or relied upon by us or others.
- to rest of our Site (such as our website), and we combine it with information that we collect on, through or in connection with the Site. For example, we will combine any account profiles you create in an App with any account profile you create on our website, and vice versa;
- for marketing purposes and to help us improve products and services, including to send you emails and other communications if you’ve created an account profile as described in the Email Consent section of the My Wendy’s Policy;
- to our affiliates and other third parties or persons who assist with the operation of an App, the rest of the Site, or app stores; and
- to our gift card service provider to process payment transactions and to support Wendy’s gift card products.