D’bo’s Inc., Terms and Conditions
These Terms and Conditions of Use (“Terms and Conditions of Use”) apply to your access to, and use of, any D’bo’s, Inc. (“D’bo’s”) website, mobile application, and online service or program where these Terms and Conditions of Use are posted, linked or incorporated by reference (“D’bo’s Online Services”). These Terms and Conditions of Use are a legal and binding agreement between you and D’bo’s, and, as applicable, its subsidiaries, affiliates, and related entities such as D’bo’s, D’bo’s Wings, D’bo’s Wings N More, D’bos Daiquiris, Wings, and Seafood, D’bo’s Daiquiris, (“Affiliates”) (D’bo’s and its Affiliates are referred to herein, as the context may require, as “we”, “us”, or “our”). These Terms and Conditions of Use govern your use of the D’bo’s Online Services, which includes the programs, offers, content, information, services, and features made available through the D’bo’s Online Services. If you do not agree to these Terms and Conditions of Use, then you should not use the D’bo’s Online Services.
Your use of the D’bo’s Online Services is at your risk. If you are dissatisfied with the D’bo’s Online Services in any way, its programs, offers, contents, features, or these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue accessing and using the D’bo’s Online Services.
II. Modifications to the Terms and Conditions of Use
We reserve the right at any time to update, change, modify, or revise these Terms and Conditions of Use. Any changes will become effective upon posting to the D’bo’s Online Services, along with the date on which it was most recently updated as indicated by the “Last Updated” notice above. Your continued access to or use of the D’bo’s Online Services and its programs and offers after any such changes indicates your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.
III. Use of D’bo’s Online Services
The D’bo’s Online Services and all content, information, and other materials featured, displayed, contained, and available on the D’bo’s Online Services, including, but not limited to, all text, images, graphics, designs, illustrations, photographs, pictures, audio, software, and video clips, the “look and feel”, pages, screens, content arrangement, and computer programs (collectively, “Materials”) are owned by or licensed to D’bo’s and its Affiliates and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights and unfair competition laws under United States and foreign laws. Subject to your compliance with these Terms and Conditions of Use, we grant you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download the D’bo’s Online Services for noncommercial purposes only. You may view, display, copy, download, and print the Materials solely for your own personal, noncommercial use. All copyright, trademark, and other proprietary notices contained on the Materials must be retained on all copies thereof. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, sell, or exploit, in whole or in part, the D’bo’s Online Services or its Materials. Except as expressly provided herein, we do not grant any express or implied right to you under any patents, trademarks, copyrights, or trade secret information.
You agree to abide by all additional terms, conditions, and restrictions included within the D’bo’s Online Services, the Materials, and/or the programs, features, and services.
D’bo’s may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to any of the D’bo’s Online Services, or any portion thereof; (2) change, revise, or modify the D’bo’s Online Services, the Materials, or any portion thereof; (3) interrupt the operation of the D’bo’s Online Services, or any portion thereof, as necessary to perform routine or non-routine maintenance, error correction, or for any other purposes; (4) impose limits on certain programs, features, and services, or restrict your access to the D’bo’s Online Services, in whole or in part; and/or (5) terminate the authorization, rights, and license given above, upon which you shall immediately destroy all Materials.
IV. User Conduct
You agree to use the D’bo’s Online Services, the Materials, and the programs, features and services, including, without limitation, ordering and delivery services, in accordance with these Terms and Conditions of Use and all applicable laws and regulations. You agree to remain courteous and respectful toward employees, contractors and agents of D’bo’s, its Affiliates, franchised Operators (as defined below), and partners and other users of the D’bo’s Online Services. You agree not to:
modify, adapt, translate, or reverse engineer any portion of the D’bo’s Online Services or the Materials;
use the D’bo’s Online Services or any Materials, features, or services for any unlawful, fraudulent, or malicious purposes, or to further or solicit any such activity;
attempt to gain unauthorized access to any accounts, features, systems, or networks through hacking, password mining, or any other means;
use the D’bo’s Online Services or any feature in any way that could disrupt, damage, disable, overburden, or impair it or its systems, servers, or networks;
frame or mirror any portion or feature of the D’bo’s Online Services;
use the D’bo’s Online Services or any feature for advertisements, chain letters, spamming, junk mail, solicitations, or any other commercial purposes;
use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to: (1) access, acquire, copy, or monitor any portion of the D’bo’s Online Services or the Materials; (2) reproduce or circumvent the navigational structure or presentation of the D’bo’s Online Services or the Materials; or (3) obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the D’bo’s Online Services;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the D’bo’s Online Services or with any other person’s use or enjoyment of the D’BO’S Online Services;
transmit any viruses, worms, defects, Trojan horses, time bombs, cancel-bots, corrupted files, or other items of a destructive nature;
circumvent or attempt to circumvent any security or authentication measures implemented by or on behalf of D’bo’s;
forge headers or otherwise manipulate identifiers;
post, transmit, submit, or include any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content, material, or information of any kind, or any content, material, or information that may give rise to criminal or civil liability;
harass, abuse, stalk, intimidate, threaten or engage in any conduct that harms, harasses, or offends any employees, contractors or agents of D’bo’s, its Affiliates, licensees, franchised Operators (as defined below), or partners engaged in the provision of services, including the delivery of any orders, and other users of the D’bo’s Online Services;
submit, display, or post any false or misleading information;
violate, infringe, or misappropriate the intellectual property, publicity, privacy, or other proprietary rights of D’bo’s, its Affiliates, or any other person or entity; and/or
transfer or attempt to redeem any verification code for a mobile or online order or digital offer or reward in prohibition of the applicable terms. Attempts to redeem single use offers and verification codes multiple times or through multiple users constitutes fraud.
We reserve the right to prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to us, the D’bo’s Online Services, the Materials, our franchisees, our users, our brand, our Affiliates, or any other person or entity, or that violates these Terms and Conditions of Use or the D’bo’s Terms and Conditions, and/or applicable law. D’bo’s further reserves the right to terminate, suspend, or cancel your account, or otherwise refuse delivery of any orders, including those placed through the D’bo’s® App or the D’bo’s Website if D’bo’s believes that you have violated or acted inconsistently with these Terms and Conditions of Use, Terms and Conditions, or applicable law, or that you have acted in a manner harmful to our interests or our franchisees, or that you may be likely to do so based upon prior communications, conduct, interactions, or similar factors.
D’bo’s shall be the sole arbiter in cases of suspected abuse, fraud, or violations of these Terms and Conditions of Use or the D’bo’s Terms and Conditions, and any decision it makes relating to termination or disabling of D’bo’s Online Services, App accounts or refusal to deliver any orders, including those placed through the D’bo’s App or on the D’bo’s Website, shall be final and binding.
We may, but shall not be obligated to, in our sole discretion, post any Submission on the D’bo’s Online Services and identify you as the submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms and Conditions of Use, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.
You agree that any statements that you make about us or any of our products, services, or programs in any Submission that you make accurately reflect your personal beliefs and experiences with us and our products and services, and that any opinions submitted are true to the best of your knowledge.
You are fully responsible for your Submissions. You agree that your Submissions comply in all respects with these Terms and Conditions of Use and shall not be made on behalf of any person or entity without their prior written consent. You may not include any content (e.g., text, photos, images, quotes, logos, etc.) that is the property of another (e.g., protected by copyright, trademark, or other intellectual property rights), unless you have express, written permission to do so.
VI. Programs and Promotions; Digital Offers
You may receive digital offers through the D’bo’s Online Services or Mobile App from time to time. The following general terms apply to these offers:
Redemption period for each offer begins and ends as indicated.
Offers are single use only, unless otherwise stated. Once a digital offer code has been redeemed, it will no longer be available.
Offers may only be redeemed at participating D’bo’s restaurant(s). Offers may not be accepted at some D’bo’s® restaurants, including D’bo’s Express™ and D’bo’s licensed locations such as airports, college campuses, office complexes and hospitals.
Offers are not transferable.
Offers are void where restricted, prohibited or taxed, or if reproduced, altered, purchased, distributed, auctioned, or sold.
Offers are not eligible for cash refunds and have no cash value. Use with other offers may be restricted.
VII. D’bo’s® App
In order to use D’bo’s Online Services made available through the D’bo’s App (“the App”) you must have a compatible mobile device; D’bo’s does not warrant that the App will be compatible with your mobile device. If you access the App using an Apple iOS or Android powered device, Apple Inc. (“Apple”) or Google, Inc. (“Google”), and their subsidiaries, respectively, shall be a third-party beneficiary to this contract and you agree that these third-party beneficiaries have the right to enforce these Terms and Conditions of Use against you. However, these third-party beneficiaries are not a party to these Terms and Conditions of Use and are not responsible for the provision or support of the App. You agree that your access to the App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances, updates and/or new versions may reduce or remove features and functionality in prior versions of the App.
You acknowledge that Apple and Google are not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. You further acknowledge that, in no event, shall Apple or Google be responsible for the investigation, defense, settlement and discharge of any third-party claim that the App infringes that third party’s intellectual property rights.
In order to take advantage of certain services made available through the App, including mobile payment, mobile ordering, and Promotions (including but not limited to digital offers), you must have a valid D’bo’s profile with your saved phone number, email address, and credit/debit card. The D’bo’s App and Online Ordering Program is operated by D’bo’s and Chefthanded.
VIII. Online Ordering
D’bo’s may provide you the ability to order online from participating franchised Operators of D’bo’s® restaurant businesses (“franchises”). These Terms and Conditions of Use apply only to orders placed through D’bo’s Online Services (including catering orders). Ordering may not be available through the D’BO’S Online Services for all restaurant locations, and some restaurants do not sell all menu items. Images of menu items on the D’bo’s Online Services may not be identical to what is available or that you may receive from an individual D’bo’s restaurant. Please refer to the D’bo’s website and information in the App for more details. Gift cards are available for purchase through D’bo’s Online Services (Shop Tab on website).
You are responsible for payment of your order by means of a payment option made available through the D’bo’s Online Services at the time of ordering. Before you submit an order, you must provide a valid form of accepted payment to use with your order. D’bo’s will charge, and you authorize D’bo’s to charge, the payment method you specify at the time you check-in at the D’bo’s restaurant (which in some circumstances, may occur automatically when you arrive at the restaurant). D’bo’s reserves the right to seek pre-authorization of your payment card account prior to final purchase to verify the payment card is valid. The Franchise owner of the D’bo’s restaurant business identified when you place your order is responsible for preparing and fulfilling your order and for any questions or other communications regarding your order. D’bo’s Incorporated does not prepare the items you are purchasing from the D’bo’s Operator and the Operator remains responsible for all items that you purchase.
You understand that: (1) the prices for menu items displayed through the D’bo’s Online Services may differ from the prices offered or published by Operators for the same menu items at a physical D’bo’s restaurant location, and (2) D’bo’s reserves the right to change the prices displayed through the D’bo’s Online Services and applicable fees or surcharges at any time. Prices for menu items do not include applicable taxes, and fees, delivery and service fees, or related surcharges. Charges paid for completed orders are final and non-refundable. D’bo’s has no obligation to provide refunds or credits, but may grant them, in our sole discretion.
Minimum order amounts may apply for orders placed through D’bo’s Online Services. Any applicable taxes and fees, delivery and service fees, or other related surcharges due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the D’BO’S Online Services. Discounts, coupons and other offers may not be able to be combined with orders placed through D’BO’S Online Services. You may be able to, and in some circumstances you may be required to, use your D’bo’s Mobile App account in connection with certain ordering through D’bo’s Online Services, in which case the D’bo’s Terms and Conditions will also apply.
IX. Delivery Services
N/A as of 6/18/21
X. Copyright Infringement Notification
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that Materials available on the D’bo’s Online Services infringe your copyright, you (or your agent) should send us a notice requesting that we remove the Material or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details.
If you believe that your work has been improperly copied and posted on the D’bo’s Online Services, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) the applicable D’bo’s Online Service and a description of where the Material that you claim is infringing is located within such D’bo’s Online Service; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. These requirements must be followed to give us legally sufficient notice of infringement.
Notices and counter-notices should be sent to:
ATTN: Owners – DCMA
7050 Malco Crossing
DMCA details are available at https://www.copyright.gov/onlinesp/.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.
XI. Login and Registration
Certain programs, offers, features, or services offered on or through the D’bo’s Online Services may require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify D’bo’s immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by D’bo’s or any other D’BO’S Online Service user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s login at any time without their express written permission. D’bo’s shall not be liable for any loss or damage arising from your failure to comply with these obligations.
XII. Third-Party Sites and Social Media Pages
The D’bo’s Online Services may contain links to other third-party websites, including the websites of D’bo’s restaurant Operators, and social media platforms, such as Facebook, Twitter, Instagram, or Foursquare (all links to third-party websites and social medial platforms are collectively referred to herein as “Linked Sites”). Linked Sites are provided only for your convenience. If you decide to visit any Linked Sites, you do so at your own risk. D’bo’s and its Affiliates have no responsibility or liability for any Linked Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from Linked Sites (including, without limitation, from Operators’ Linked Sites), your relationship is with that third party. You agree that we are not responsible for the quality of third-party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.
XIV. Ownership of Intellectual Property
D’bo’s®, D’bo’s Daiquiris®, The GodFather of Hotwings®, Mem-possible Burger®, and D’Beaux Daiquiris® are registered trademarks and service marks of D’bo’s, Inc. (“D’bo’s Wings N More”) in the United States and other countries. D’bo’s is a licensee of D’bo’s Inc. The absence of a trademark notice or legend indicating the registration or ownership by D’bo’s Inc anywhere in the text of the D’bo’s Online Services does not constitute a waiver of D’bo’s Incorpated’s trademark or other intellectual property rights concerning that trademark or service mark used or referenced in the D’BO’S Online Services.
The D’BO’S Online Services, the Materials, and the trademarks, logos, service marks, and all other source identifying indicia displayed on the D’BO’S Online Services (collectively, the “D’bo’s Intellectual Property”) are owned by or licensed to D’BO’S Incorporated, D’bo’s, or others with all rights reserved unless otherwise noted. We do not permit third parties to use D’bo’s Intellectual Property in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission.
Nothing contained on the D’bo’s Online Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use D’bo’s Intellectual Property without our prior express written permission. You are strictly prohibited from using any D’bo’s Intellectual Property except as expressly provided in these Terms and Conditions of Use. You are also advised that D’bo’s Properties and/or its licensee(s) will aggressively enforce their intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
XV. Electronic Communications
When you visit the D’bo’s Online Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the D’bo’s Online Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions of Use.
XVI. No Warranties
D’bo’s makes no representations or warranties regarding the D’bo’s Online Services and the Materials.
WE DO NO WARRANT THAT THE D’BO’S ONLINE SERVICES OR THE MATERIALS WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OF THE D’BO’S ONLINE SERVICES OR THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE D’BO’S ONLINE SERVICES, OR THE RESULTS OBTAINED THEREFROM, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
THE D’BO’S ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE D’BO’S ONLINE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES, OR THE LIKE (“PROVIDERS”) IN CONNECTION WITH OR RELATED TO YOUR USE OF THE D’BO’S ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE D’BO’S ONLINE SERVICES.
XVII. Limitations of Liability
IN NO EVENT SHALL WE OR ANY OF OUR PROVIDERS BE LIABLE TO ANY PERSON FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, PROGRAMS, OR DATA) RESULTING FROM YOUR USE OF OR INABILITY TO USE THE D’BO’S ONLINE SERVICES AND THE MATERIALS, PROGRAMS, OFFERS, FEATURES, AND SERVICES MADE AVAILABLE THROUGH THE D’BO’S ONLINE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
You agree to indemnify, defend, and hold harmless D’bo’s, its Affiliates, its Providers, and its and their officers, directors, employees, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms and Conditions of Use; and/or (2) your activities in connection with the D’BO’S Online Services, and the Materials, programs, offers, features, and services made available through the D’BO’S Online Services.
XIX. International Users and Choice of Law
XX. No Agency Relationship
Neither these Terms and Conditions of Use, nor any Materials, programs, offers, features, or services of the D’bo’s Online Services, create any partnership, joint venture, employment, or other agency relationship between D’bo’s, its Affiliates, and you. You may not enter into any contract on our behalf or bind us in any way.
XXI. Violations and Remedies
You agree that D’bo’s may, in its sole discretion and without prior notice, block, suspend, and/or terminate your access to any or all of the D’bo’s Online Services if we determine that you have violated these Terms and Conditions of Use or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms and Conditions of Use constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to D’bo’s. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
If D’bo’s takes legal action against you as a result of your violation of these Terms and Conditions of Use, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to D’bo’s. You agree that D’bo’s will not be liable to you or to any third party for termination of your access to the D’bo’s Online Services as a result of any violation of these Terms and Conditions of Use.
XXII. Entire Agreement, Claims Limitations, and Severability
XXIII. Contact Information
If you have any questions about D’bo’s Online Services or these Terms and Conditions of Use, or you would like to report violations of these Terms and Conditions of Use, please contact us at:
7050 Malco Crossing
Memphis, Tennessee 38125
© 2020-21 D’bo’s, Inc. All rights reserved.
Effective as of June 18, 2021
1. Information You Provide to Us
We collect information that you provide to us. For example, you may provide information to us when you:
(a) Sign up for our loyalty programs, events, or communications
During the sign-up or registration process or when you communicate with us, you may provide information such as your name, email address, street address, phone number, mobile phone number, date of birth and/or age.
(b) Participate in promotions or respond to surveys and feedback requests
You may provide information to us about you, your household and/or other personal attributes through promotions, surveys, and feedback. This information may include your name, contact information and any information you provide in your survey responses or feedback content. We may use this information to administer your participation in the promotion or survey and to respond to your feedback as well as for analysis either on an aggregate or identifiable basis.
(c) Order or purchase our products or services
You may provide your financial information to us (or we may process your financial information on behalf of our Franchised Operators and Licensees), such as credit and debit card numbers, expiration date, and CVV as well as mailing address through orders, purchases, or other payment services.
(d) Share stories, content or suggestions, or submit requests for information
We collect information when you share stories, content, suggestions, or other input, or submit requests for information from us. This includes information you share when you access or interact with D’bo’s pages or accounts on any third-party social media platforms such as Facebook, Twitter, or Instagram.
2. Information We Collect Automatically or from Others
We obtain some information automatically, for example, when you:
(a) Access or use the Online Services
Traffic Data. Our Online Services automatically track and collect your IP address, domain server, type of computer or device, and type of web browser. This helps us customize your online experience and assists with our marketing. We use this information to make our online experience better and more relevant for you. For example, we can show you menu items for the correct time of day in your location.
Web Beacons. Certain pages on the Online Services and social media pages may contain web beacons (also known as Internet tags, pixel tags, and clear GIFs), which are small bits of code embedded in pages or images on the Online Services and social media pages (“Web Beacons”). The Web Beacons may be used with Cookies to understand how you interact with us, so we can manage and improve those interactions. We may also include Web Beacons in e-mails we send to you to learn if messages have been opened, acted on, or forwarded. This helps us improve future messages and makes them more meaningful to you.
Other Technologies. We also utilize other tracking technologies. For example, if permitted by applicable law, we may collect “referrers”. A “referrer” is information your web browser passes along to web servers that refers to the URL from which you accessed the Online Services. Like most websites, we may also collect environmental variables, which include, among other things, the domain from which you access the Internet, the time you accessed the Online Services or social media pages, the type of web browsers and operating system or platform used, the Internet address of the website you left to visit the Online Services or social media pages, the names of the web pages you visit, and the Internet address of the website you visit next. We use these technologies for marketing purposes and to improve your experience with our Online Services.
Information collected automatically may be combined with other personal information we have about you so that we can improve and customize the Online Services and our communications and promotions. When we know how you interact with our Online Services, we can serve you better.
In a nutshell, the following are examples of information we collect with these automated technologies:
your IP address, browser type, and operating system;
the mobile device you use and its temporary or persistent unique device identifiers (sometimes called “UDID”);
pages you view within the Online Services;
websites you visited before coming to the Online Services;
video viewing history for videos you watch on the Online Services;
emails from us that you open and/or forward; and/or
offers or links from us to which you connect.
We also use third-party data analytics tools and services. For example, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google”), for certain Online Services. Google Analytics collects information such as how often you access the Online Services, what pages you access, and what other sites or services you used previously. We use the information provided by Google Analytics to improve our Online Services and serve you better.
For more information regarding how Google collects, uses and shares your information, please visit: https://policies.google.com/technologies/partner-sites. Google tells us that Google provides you more choices on how your information is collected by Google Analytics by offering you an Opt-out Browser Add-on which can be located at: https://tools.google.com/dlpage/gaoptout?hl=en. According to Google, this Add-On prevents Google Analytics from sharing information about visit activity.
(b) Use location-enabled devices like a mobile phone to access the location-based Services
If you utilize any of the location-based services such as “Find a Restaurant” on our Online Services or from location-enabled devices like your mobile phone, with your consent where required, we may collect, use, and share location data, including the real-time geographic location of your device. We use the location data to provide Services such as mobile order fulfillment, and to improve location-based Services. We may share your location data with third-party service providers who help us provide the Services such as identifying nearby restaurants, surfacing available market offers, and estimating mobile order pickup or delivery timing. You may limit access to your location data by adjusting the permissions in your device. If you grant us permission, we may collect location information when the app is running in the foreground or background.
(c) Order or purchase our products or services
We also collect information, through our business partners, relating to your purchases from us and our Franchised Operators and Licensees to process your transactions and to perform research and marketing analytics, such as the authorization code of the transaction, payment method, the date and time of the transaction, items purchased, and the purchase price.
(d) Use social media platforms or other connected third-party services
We may obtain information about you from Linked Sites. For example, when you link your account or engage with the Online Services through Linked Sites such as third-party social media sites, you may be allowing us to have ongoing access to certain information stored on those Linked Sites as described to you by those Linked Sites (e.g., your public profile, profile photo, friends list). We may receive certain information about you which is stored on Linked Sites if other users of those sites give us access to their profiles and you are one of their friends or connections, depending upon your settings on those Linked Sites. The information we have access to from Linked Sites varies and is controlled by your privacy settings on that website and by your consent.
We also obtain some personal information from others, for example:
(e) Your Friends and Family. We may obtain additional information about you when someone, like your friend or family member, provides your information to us as part of a refer-a-friend or other referral program.
If we offer you the ability to share information with a friend or family member through email or other means, we rely on you to ensure that you only share information with individuals with whom you have a personal or family relationship and who would want to receive the communication. We will use the contact information you provide to communicate with your friend or family member on your behalf.
(f) Franchised Operators and Licensees. We process information about you from our Franchised Operators and Licensees when we provide certain services for them. We may access and process personal information to provide these services, for example, to process your payment and manage mobile orders and other services like third party delivery service order fulfilment on behalf of Franchised Operators and Licensees or at your direction. For more information, please see the “Franchised Operator and Licensee Online Services” Section.
(g) Third Parties. We may also collect personal information from third-party providers and business partners, including public databases, social media platforms, or third parties such as analytics or advertising and marketing providers, where permitted under applicable law.
3. How We Use Your Information
We use the information we collect, on its own and combined with other information we collect about you, for the following purposes:
(a) Providing our products or services to you
We use your information to process your orders and payments, including on behalf of Franchised Operators and Licensees.
(b) Communicating with you
We use your information to communicate with you regarding our restaurants, products, services, events, promotions and other offers and respond to your inquiries, comments, stories, or postings. You can unsubscribe from our marketing communications at any time. See the “Communication Preferences” Section for more information.
(c) Customizing and improving your experience
We use your information to tailor our products, services, promotions, communications and the Services so that they are more useful and relevant to you, such as through targeted advertising and messaging personalization.
(d) Creating and managing your accounts with us
We use your information to create and manage your accounts (e.g., Registration for events, online ordering, mobile payments, contests, promotions, etc.) and administer your participation in our programs, events and other offerings.
(e) Getting to know our customers
Your information helps us understand your preferences and provide support related to our product and service offerings and marketing efforts. For example, we may use your information to:
develop our products, services, promotions, and other offers;
improve our Services; and conduct research and analysis.
(f) Marketing and relevant advertising
We promote our products and services and aim to provide tailored ads to you and others. We may advertise our products and services on third-party websites or online services. Please see our Cookie and Interest-Based Advertising Policy [link] to learn more about our third-party advertising and marketing partners and how you may opt out of targeted advertising delivered by the members of the Digital Advertising Alliance (“DAA”), the Digital Advertising Alliance of Canada (“DAAC”) or the Network Advertising Initiative (“NAI”).
(g) Fraud detection, security & legal enforcement
We use your information to protect the security and integrity of our business and the Services and for enforcement of our Terms and Conditions.
We may combine your information with other information we have acquired from third parties in accordance with applicable law.
4. How We Share Information
To perform our Services, we may share your information with third parties as necessary to complete your order, to provide our products and services, for purposes described in the “How We Use Your Information” Section, or with your consent. For example, we may share your information with the following types of third parties:
(a) Within D’bo’s, with our affiliates, and Franchised Operators and Licensees
We share personal information within D’bo’s, Inc. and with our affiliates and Franchised Operators and Licensees to provide our products, services, promotions and other Services to you and for our marketing purposes, in accordance with applicable law. We may also share personal information with our affiliates and Franchised Operators and Licensees at your direction or request.
(b) Service providers
We share personal information with third party service providers that provide a variety of services on our behalf, including but not limited to the development, maintenance, and support of the Services and social media pages, payment processing, online and mobile application ordering, the distribution of email and mobile messages, promotions, advertising services, and marketing research and analysis. Our service providers may be located outside of the jurisdiction in which you reside. Please see the “Transfer Outside Your Jurisdiction” Section for more information.
We may also share the personal information we collect with our analytics vendors and partners to develop aggregate analysis and business intelligence for our advertising and marketing purposes. For example, we use personal information to create custom audiences and measure the success of promotions.
(c) Other disclosures
We may also share personal information as may be necessary to protect the safety, property, or other rights of D’bo’s, Inc. and our affiliates, Franchised Operators and Licensees, and their respective employees, customers, visitors, users, or any other person or entity; to comply with law, a court order, or other legal process (which may include access by courts, law enforcement or governmental authorities in the US or other jurisdictions), or in connection with a legal investigation; to enforce any applicable terms and conditions and other agreements; as otherwise may be required or permitted by applicable law; or in accordance with your consent.
We do not sell your personal information to third parties for their marketing purposes.
5. Access to Information and Your Choices
We provide you with the opportunity to access, update or delete certain information and to opt out of having your information used or disclosed for certain purposes. For example, you may exercise your choices as below. Please be aware that, if you do not allow us to collect and use your personal information, we may not be able to deliver certain products, services, promotions, and offerings to you.
(a) Account information
You may correct or update personal information you have provided to us at any time by accessing your online account or by contacting us using one of the methods listed in the “Contact Us” Section.
(b) Communication preferences
You may change your choices for subscriptions, how we may send you certain communications (e.g., D’bo’s notification and other electronic communications), and whether to receive promotions and other offers from us. You may exercise your choices by following instructions available on the Online Services or in communications sent to you. For example, to unsubscribe from our email communications, follow the unsubscribe instructions contained in each of our email messages. Please note that we may continue to send transactional or account-related messages to you.
You may also receive communications from our Franchised Operators and Licensees. To opt-out of these communications, please refer to the unsubscribe instructions contained in those communications.
Because we plan our communications in advance, it may take up to 3-5 business days for your “unsubscribe” request to become effective. If you continue to receive our communications after submitting an “unsubscribe” request, please let us know by contacting us using one of the methods listed in the “Contact Us” Section so that we can investigate the situation.
(c) Right to access, update and correct your information
You can request to access, update or correct your personal information by contacting us using one of the methods listed in the “Contact Us” Section. We will endeavor to honor your request and, at minimum, respond to you in accordance with our obligations under applicable law.
(d) Account deactivation
You may close your account by deleting the application or emailing us at email@example.com
6. Information Security
We seek to keep your personal information secure by implementing reasonable technical, administrative, and physical safeguards to help us protect such information from unauthorized access, use, and disclosure. When we collect or transmit sensitive information such as a credit card number, we endeavor to use industry standard methods to protect that information. We also ask our third-party service providers to use reasonable security measures to protect your information from unauthorized access, use and disclosure. However, please be aware that no method of electronically transmitting or storing information is ever completely secure.
E-mail Security & How You Can Help
“Phishing” is a scam designed to steal your personal information. If you receive an e-mail that looks like it is from us asking you for your personal information which you suspect may be a scam, please notify us as provided in the “Contact Us” Section.
We retain personal information for as long as necessary to fulfill the purposes for which it is collected or processed. We also retain information for security, legal compliance, and disputes and claims handling.
When you watch videos on the Online Services, you agree that we may share your video viewing with or obtain information about your video viewing from analytics service providers, advertising partners and social media platforms for two years or until you withdraw your consent. Where required by applicable law, we will obtain your consent prior to obtaining or sharing your video viewing data.
8. Notice to California Consumers
We have collected the following categories of California Personal Information within the last 12 months from the sources listed below:
For each of the above categories, we use the California Personal Information for a variety of business purposes such as: N/A; no stores in this market as of 6/18/21
Audits and reporting relating to particular transactions and interactions, including online interactions, you may have with us or others on our behalf;
Detecting and protecting against security incidents, and malicious, deceptive, fraudulent or illegal activity, and prosecuting the same;
Debugging to identify and repair errors in our systems;
Short-term, transient use including contextual customization of ads;
Providing services on our behalf or on behalf of another, including maintaining or servicing accounts, providing customer service, fulfilling transactions, verifying identity information, processing payments, and other services;
Conducting internal research to develop and demonstrate technology;
Conducting activity to verify, enhance, and maintain the quality or safety of services or devices which we may own, control, or provide; and
Other business purposes described in the “How We Use Your Information” Section.
We may also use the information we collect for our own or our service providers’ other operational purposes, purposes for which we provide you additional notice, or for purposes compatible with the context in which the California Personal Information was collected.
Within the last 12 months, we have NOT disclosed California Personal Information for our business purposes. To learn more about the categories of third parties with whom we share such information, please see the “How We Share Your Information” Section.
We do not sell and, within the last 12 months, we have not sold, California Personal Information.
Your California Privacy Rights
If you are a California consumer, you have certain rights related to your California Personal Information, including:
The right to request that we disclose to you:
the specific pieces of California Personal Information we have collected;
the categories of California Personal Information we have collected about you;
the categories of sources from which the California Personal Information is collected;
our business or commercial purpose for collecting or selling California Personal Information; and
the categories of third parties with whom we share California Personal Information.
The right to request that we delete California Personal Information about you, which we have collected from you.
You may request to exercise these rights by:
By completing emailing us at firstname.lastname@example.org
As required under applicable law, please note that we will take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. We may require you to provide your email address to verify your identity in response to exercising requests of the above type. You will, therefore, need access to your email account to receive our communications necessary to process your request. Please make sure to check your spam inbox to ensure these important communications are not missed. We may limit our response to your exercise of the above rights as permitted under applicable law.
We may not discriminate against you because of your exercise of any of the above rights or any other rights, subject to the rights and the obligations under the California Consumer Privacy Act, including by:
Denying you goods or services;
Charging different prices or rates for goods or services, including through the use of discounts, loyalty program, or other benefits or imposing penalties;
Providing you a different level or quality of goods or services; or
Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by law that can result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Under California law, you may designate an authorized agent to make a request on your behalf. You may make such a designation by providing the agent with written permission to act on your behalf. We will require the agent to provide proof of that written permission. As permitted by law, we may require you to verify your own identity in response to a request, even if you choose to use an agent.
You may contact us with questions and concerns about our privacy policies or practices by contacting us using any of the methods listed in the “Contact Us” Section.
California Do Not Track
California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how we respond to “Do Not Track” browser settings. However, we do not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed.
This California-specific addendum was last reviewed and updated as of June 18, 2021.
9. Children’s Privacy
The Online Services are not intended for children under the age of 13, without parental or legal guardian consent. We do not knowingly collect personal information from users in this age group. If you believe your child has provided personal information to us, please contact us via the email listed in the “Contact Us” Section and we will work to delete it.
10. Transfers of Personal Information Outside Your Jurisdiction
11. Contact Us
By emailing us at email@example.com
By mailing us at the address below:
7050 Malco Crossing
Memphis, Tennessee 38125
Attn: Privacy Team
By visiting the website at https://www.dboswings.com/privacy
By calling us at 404-482-2246
Please see below for important additional information:
The D’bo’s Franchise System
Franchised Operator and Licensee Online Services
We may allow a Franchised Operator or Licensee to link to the Online Services. D’bo’s, however, is not responsible or liable for any Franchised Operator or Licensee Online Services, even if it is linked to our Online Services, or for any Franchised Operator’s or Licensee’s online conduct and privacy practices.
Collection and Use of Personal Information of Prospective D’bo’s Franchised Operators
If you complete an application for a franchise opportunity with D’bo’s, Inc. or express interest or otherwise request information about franchise opportunities, we collect personal information that you provide in connection with your request for information and/or to evaluate your application for a franchise restaurant business opportunity. We may also collect personal information about you from third parties to supplement, update, or verify your information, and/or to process your application for consideration as a Franchised Operator. Applicable law may require that you authorize a third party to share your personal information with us before we can acquire it. Failure to provide any requested information may negatively impact consideration of your application to become a Franchised Operator. By expressing interest in becoming and/or applying to become a Franchised Operator, you consent to our collection, use, and disclosure of your personal information in this manner, to the extent permitted by applicable law.
Collection and Use of Personal Information of D’bo’s, Inc. Employment Applicants
If you complete an application for employment with D’bo’s, Inc., or request information regarding such opportunities, we may collect personal information that you provide (such as information contained in a resume or cover letter) in connection with your request for information and/or to evaluate your application for employment with D’bo’s, Inc. We may also collect personal information about you from third parties to supplement, update, or verify your information, and/or to process your application for consideration as a D’bo’s, Inc. employee. Applicable law may require that you authorize a third party to share your personal information with us before we can acquire it. Failure to provide any requested information may negatively impact consideration of your employment application. By applying to become an employee of D’bo’s, Inc., you consent to our collection, use, and disclosure of your personal information as described above, to the extent permitted by applicable law.