This Privacy Policy describes how Tomson’s of Appleton, LLC (“Tom’s Drive In”) collects, uses, protects, and shares information collected from users of Tom’s Drive In websites, applications (including, without limitation, Tom’s Drive In Mobile “App”), email newsletters, subscriptions, social media, online marketplace, or any other of Tom’s Drive In digital properties (the “Services”).  By using the Services, you consent to our collection, use, disclosure, and retention of your information as described in this Privacy Policy and the Terms of Use, which is incorporated herein. 

IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY OR THE TERMS OF USE THEN YOU MAY NOT USE ANY OF THE SERVICES. 

This Privacy Policy does not apply to DoorDash, EatStreet, UberEats, or any web site or online service that is owned, operated, or maintained by a third party. Such third-party websites and services are not included in the Services. Information collected or maintained directly by those third-party services are not subject to this Privacy Policy, unless such information has been shared with us, in which case this Privacy Policy only covers the collection, use, disclosure and storage of such information by Tom’s Drive In.  As described herein, this Privacy Policy also does not apply to any third-party link(s) that may be accessible from our Services. 

WHAT INFORMATION DO WE COLLECT? 

Tom’s Drive In may collect certain information about you when you use the Services.  Depending on how you interact with the Services, the information collected may vary, and may include: 

• Personal information, such as your name, email address, mailing address, birthday, age, in-restaurant purchases for points program, online orders, and phone number; 
• Employment history, education, referral, and similar information if you elect to apply for employment through the Services; 
• Account information, such as your username or password (or anything else that identifies you) used to access or use the Services, including, without limitation, to join the loyalty program, Tom’s Drive In mobile App, or for any other purpose; 
• Information collected through automated methods, such as, without limitation, geolocation and Wi-Fi data, cookies, beacons (“pixels”), or Flash cookies, which identify an individual computer’s browser or other information about a website user when entering a website or using the Tom’s Drive In mobile App or Services. Cookies allow the site to track that browser’s movement through the site over several sessions.  Usage of cookies is in no way linked to any personal information on our website, they compile aggregate data about site traffic and site interaction; and 
• All other information that you choose to provide to Tom’s Drive In when you interact with or use the Services. 

Our loyalty mobile application uses Background location, which will prompt you to opt-in to allow the app to utilize your location even when you are not logged in. 

WHAT DO WE USE YOUR INFORMATION FOR? 

Any of the information we collect from you may be used for various purposes, including in one or more of the following ways: 

• To process and fulfill your requests made through the Services; 
• To communicate with you about your accounts, requests, comments, and questions; 
• Applications for employment; 
• To send you information about Tom’s Drive In products, services, contests, and promotions, including in the form of notices, offers, and solicitations that may take the form of U.S. mail, telephone calls, email, and other methods of contact; 
• To administer and fulfill our contests and promotions; 
• To comply with applicable law such as to prevent fraud and monitor against theft, to comply with legal obligations and Tom’s Drive In policies, to establish, exercise, or defend against legal claims, and to monitor and report compliance issues; 
• To improve our website and customer service; 
• To conduct research and help us learn more about your preferences and enhance your experience; and 
• To perform other commercial activities as needed or described elsewhere in this Privacy Policy or the Terms of Use. 

If at any time you would like to unsubscribe from receiving future emails, we include unsubscribe instructions at the bottom of each email. 

HOW DO WE PROTECT YOUR INFORMATION? 

We safeguard your personal information using appropriate administrative, physical, and technical measures typical of those used in our industry.  However, neither we nor anyone else can guarantee the security of information, whether on or off the internet.  To the greatest extent allowed by law, we are not responsible for any security incident involving your data, including because of the unauthorized actions of our employees, service providers, or unaffiliated persons.  You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password-protected or secure areas of the Services.  To protect you and your data, we may suspend your use of any of the Services without notice, pending an investigation, if any breach of security is suspected.  Access to and use of password-protected or secure areas of the Services are restricted to authorized users only.  Unauthorized access to such areas is prohibited and may lead to criminal prosecution. 

No security system is completely secure, and we cannot guarantee that the personal information you provide will not be disclosed or intercepted. 

 DO WE DISCLOSE ANY INFORMATION TO OUTSIDE PARTIES? 

Tom’s Drive In does not sell your personal information to third parties for monetary or financial consideration, nor has it done so in the preceding 12 months. 

Except as otherwise provided in this Privacy Policy, as required by law, or pursuant to your consent, we do not transfer your personal information to outside parties. We sometimes retain the services of third parties to perform functions or services on our behalf, including data aggregation, hosting, data analysis, responding to specific requests and to send notices, offers, and solicitations that may take the form of U.S. mail, telephone calls, email, and other methods of contact. We require our service providers to only use and disclose personal information we provide them to perform services for us. We require that these companies not retain, share, store, or use personal information for any secondary purpose. We require that these companies keep your personal information confidential and not retain, share, store, or use personal information for any secondary purposes; however, we do not undertake to confirm, investigate, or police their practices. 

We may disclose personal information to third parties to perform services requested or functions initiated by you. This includes sharing your name, address, and phone number with third-party food-delivery services (e.g., DoorDash, EatStreet, UberEats) to fulfill food delivery services requested by you when using the Tom’s Drive In mobile app. In addition, we may disclose personal information to identify you in connection with communications sent through the Services.  

We also may share information, including personal information, that we collect as needed to enforce our rights, protect our property, or protect the rights, property, or safety of others, or as needed to support external auditing, compliance, and corporate governance functions. We will disclose personal information as we deem necessary to respond to a subpoena, regulation, binding agency order, legal process, governmental request, or other legal or regulatory process. We may also share personal information as required to pursue available remedies or limit damages we may sustain. 

We may also disclose your personal information for various administrative purposes, as allowed by law. 

We may transfer information, including your personal information, in connection with a merger, sale, acquisition, or other change of ownership or control by or of us or any affiliated company (in each case whether in whole or in part). 

We may release your information, including your personal information, if it is necessary to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. We may provide aggregate data and information to third parties to describe how our customers are using the Services. We use Google Analytics, a web analytics service provided by Google, Inc., which collects information on users’ activity while using the Services, including how often you access the Services, what pages you access, cookies and other information collected through automated methods such as the URL page that you are visiting, the name of the app you are using (if applicable), and your IP address.  We use the information provided by Google Analytics to improve our Services. 

THIRD-PARTY LINKS 

The Services may contain links to third-party websites and services (“Third-Party Services”). A link to any Third-Party Service does not mean that we endorse it or the quality or accuracy of information presented on it. If you decide to visit a Third-Party Service, you are subject to its privacy policy and practices and not this Privacy Policy. We encourage you to carefully review the legal and privacy notices of all other digital services that you visit. 

CHILDREN 

Consistent with the requirements of the Children’s Online Privacy Protection Act, we do not knowingly solicit or collect any personally identifiable information from children under the age of 13 without parental consent, unless permitted by law. If we learn that we have received information directly from a child without parental consent, we will delete information provided by the child in accordance with applicable law and Tom’s Drive In Terms of Use. 

TERMS AND CONDITIONS 

Please also visit our “Terms of Use” establishing the terms and conditions of your agreement in order to use the Services as well as disclaimers, mandatory arbitration, class waiver, and limitations of liability governing the use of our website.  The Terms of Use are incorporated into this Privacy Policy. 

YOUR CONSENT 

By using our site, you consent to this Privacy Policy and Tom’s Drive In Terms of Use. 

CHANGES TO OUR PRIVACY POLICY 

If we decide to change our privacy policy, we will post those changes on this page.  You should review this Privacy Policy regularly. Any changes to this Privacy Policy become effective upon posting. Your continued use of the Services following any changes to this Privacy Policy indicates your acceptance of the revised Privacy Policy. 

CONTACTING US  

If there are any questions regarding this privacy policy, you may contact us using the information below. 

Tom’s Drive In 
501 N Westhill Blvd  
Appleton, WI 54914 
Phone: (920) 882-1500 

Last Updated: 12.31.2023