Privacy

Privacy
Your Privacy
At Denny's, we are committed to protecting your privacy. While visiting the Denny’s site you may be asked to provide information that personally identifies you (name, address, billing address, email address, home telephone number, mobile telephone number, credit card number and social security number). The following are sample areas in the Denny’s site where we request personal information:

• Job Inquires with Denny’s, Inc.
• Franchise Inquiry
• Gift Certificate Purchase
• Customer Feedback
• Contest Entry
• Subscription to Informational E-mail service
• Request Information about Denny’s

The information that we collect is on a voluntary basis. You may choose not to provide personal information and you still will be able to visit most of the Denny’s site. However, you will not be able to complete the activities listed above using the web site without providing us the required personally identifiable information. Please read on for more detail about our privacy policy.

What information do we collect? How do we use it?

The personal information that we collect varies depending on the activity you wish to conduct on the web. We will need more information for job inquiries, franchise inquiries, gift certificate purchase, contest entry and real estate site submission than we require for customer feedback, information request and e-mail subscriptions.

When you enter a contest or other promotional feature, we may ask for your name, address, birthdateand e-mail address so we can administer the contest and notify winners. If you have not opted out of receiving marketing materials, we may also use the information we collect to occasionally notify you about important functionality changes to the website, new Denny's services and special offers we think you'll find valuable.

You can choose not to allow us to use your personal information for direct marketing purposes by indicating your preference at the time of collection or by responding to the promotional e-mail in the manner provided. In certain circumstances, consent may be sought after the information has been collected but before use (for example, when we want to use information for a purpose not previously identified).

Will Denny's disclose the information it collects to outside parties?

Presently, Denny's does not sell, trade or rent your personal information to others. Denny's may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personally identifying information.

If you submit comments through the web site, we may use or post your comments (or a portion or variation of your comments), along with your first name, city or town on this web site or other media without payment or compensation to you.

In instances when we receive customer complaints or feedback concerning specific franchised restaurants, we will forward the feedback to the franchised restaurant owner.

Other instances in which we may need to disclose personal information include:

• when required by law to comply with a judicial proceeding, a court order or legal process served on us;
• to enforce our policies or agreements including the collection of amounts owed to us;
• to protect users of our site(s) and our site(s) from fraudulent or abusive use.
We also reserve the right to disclose or transfer personal information to a third party in the event of a proposed or actual purchase, sale, lease, merger or any other type of acquisition, disposal or financing of all or any portion of Denny’s, Inc., DFO, LLC. or Denny’s Corporation.

Children Under the Age of 13

While we are happy to have you visit the Denny’s web site with your children, the Denny’s site is a general audience site and is not designed nor intended to collect personal information from children under the age of 13. If you would like to enroll your child, age 10 or younger, in the Denny’s Kids’ Birthday Club, please print the form from the web site and mail it to the address listed on the form.

Changes to Your Personal Information

We currently do not have a process where you can review the personal information that we have on file. However, if you have a change in personal information and would like to update our information, please contact the appropriate department, if known, or use the Contact Us page on this site.

Links to Other Sites

We may provide links to third party sites on our web site. We are not responsible for the content or information collection practices of those other sites. The privacy policy of other sites may differ from Denny’s privacy policy. Please read the privacy policy of any third party web site before providing any personal information.

Your Consent

By using our website and submitting the personal information requested, you consent to the collection and use of this information in the manner described in this policy by Denny's. Denny's reserves the right to change its policy in this regard at any time in the future. In the event Denny's does change its policy, a notification of such change will be posted on the website so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

Spotlight Tags

Information about web site usage and visitors to our website is shared with a reputable third-party for the purpose of targeting our Internet advertisements in other sites. To do this, we use clear GIFs, or pixel tags, on this site, which allow us to recognize a browser’s cookie when a browser visits this site. The information we collect and share through this technology is not personally identifiable. For more information about our third-party advertiser or for your choices about not having this anonymous information used, please click here: http://www.doubleclick.net/us/corporate/privacy.

Transparent GIFsWe use clear GIFs, or pixel tags, provided by our ad serving company to help manage our online advertising. These clear GIFs allow our ad serving company to recognize a browser’s cookie when a browser visits this site. This allows us to learn which ads bring users to our website. The information we collect and share through this technology is not personally identifiable (it dos not include your name, address, telephone number or email address). For more information about our ad serving company or for your choices about not having this anonymous information used, please click here: http://www.doubleclick.net/us/corporate/privacy

Privacy Policy for Canada DFO, LLC
Introduction

DFO, LLC, operating as franchisor of DENNY’S® restaurants, is a limited liability company under the laws of Delaware US, with its head office at 203 East Main Street, Spartanburg, SC, USA. When the term DFO is used in this policy, it means DFO, LLC. DFO and its affiliates means all the business organizations under common ownership with DFO.

This privacy policy discloses how DFO collects, uses, shares and protects personal information gathered about prospective franchisees, in conformance with applicable Canadian privacy laws.

This privacy policy does not govern the personal information handling policies and procedures ofDENNY’S® restaurants that are independently owned and operated by our franchisees. In addition, this privacy policy does not govern the personal information handling policies and procedures of Denny’s, Inc. For more information about Denny’s, Inc.’s privacy policy, please see the Dennys.com Privacy Policy.

Definitions

The following definitions apply in this Privacy Policy:

“Collection” – the act of gathering, acquiring or obtaining personal information from any source, including from third parties, by any means.
“Consent” – voluntary agreement with what is being done or proposed. Consent can be either express or implied. Express consent is given explicitly, either orally or in writing. Express consent is unequivocal and does not require any inference on the part of the persons seeking the consent. Implied consent arises where consent may reasonably be inferred from the action or inaction of the individual.
“Disclosure” – making personal information available to persons who are not employees of DFO and its affiliates.
“Personal Information” – means information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization.
“Use” – treatment and handling of personal information within DFO and its affiliates.
PRINCIPLE 1: ACCOUNTABILITY

Accountability for DFO’s compliance with the privacy principles shall rest with an individual known as the “Privacy Officer”.

DFO is responsible for all personal information in its possession or custody, including information that has been transferred to it through any third party, such as an outside party assisting us with recruiting, contests and marketing. It is the responsibility of the DFO representative proposing or supervising such activities to ensure that the contract with the outside party will afford a comparable level of protection while the personal information is being processed by such third party. This will usually mean giving a copy of this Privacy Policy to such third party and the written acknowledgement from such third party that it will be bound by the policy. We will ordinarily require the return of all personal information to DFO upon completion, an agreement not to use such information, and the destruction of any remaining records in the possession of the third party.

DFO shall implement policies and practices to give effect to this privacy policy, including:

(a) implementing procedures to protect personal information; (b) establishing procedures to receive and respond to complaints and inquiries; (c) training staff and communicating to staff information about DFO's policies and practices; and (d) developing information to explain DFO's policies and procedures.

PRINCIPLE 2: IDENTIFYING PURPOSES

DFO shall identify in advance the purposes for collecting personal information.

DFO shall collect personal information only for:

• responding to inquiries about franchising the DENNY’S® brand;
• evaluating potential franchise candidates;
• updating information on existing franchisees;
• assisting franchisees in the operation of the restaurant;
• entering customers in contests;
• signing customers up for subscriptions to informational e-mail services;
• selling gift certificates;
• collecting amounts owed to us; and
• collecting customer feedback.
Only information that is necessary for the purposes that have been identified may be collected.

Failure to provide necessary information may negatively impact your ability to become a DENNY’S® franchisee.

DFO generally uses such personal information to carry on its business as described above. If the business is transferred to a new owner, subject to the limitations of Principle 5, the personal information will also be transferred.

PRINCIPLE 3: CONSENT

The knowledge and consent of the individual are required for the collection, use or disclosure of personal information, except as provided by law.

Consent is required for the collection of personal information and the subsequent use or disclosure of such information, except as provided by applicable law of Canada. We reserve the right to collect, use or disclose any information in connection with enforcement of laws or contractual rights or when required by court order.

When we receive customer compliments, complaints or feedback concerning specific franchised restaurants, we will forward the feedback to the franchised restaurant owner. By submitting your comments to DFO, you consent to our sharing such information with the franchisee.

DFO may not, as a condition for franchise approval, require an individual to consent to the collection, use or disclosure of personal information beyond what is necessary for such purposes.

The form of consent depends upon the circumstances and the type of information that is being collected. Generally speaking, the more sensitive the information (such financial information), the more explicit or manifest is the form of consent that is required. In obtaining consent, the reasonable expectations of the individual must also be taken into account. We will not obtain consent through deception.

Prior to being approved as a franchisee, an individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. We will tell you the implications of such withdrawal.

DFO retains your personal information for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws and for such longer reasonable time as may apply from time to time under our internal policies and procedures. Your consent to such purpose(s) remains valid after termination of your relationship with DFO.

PRINCIPLE 4: LIMITING COLLECTION

The collection of personal information shall be limited to that which is necessary for the purposes identified by DFO. The information shall be collected by fair and lawful means.

Personal information shall not be collected indiscriminately. Both the amount and the type of information collected shall be limited to that which is necessary to fulfill the purposes identified. (See Principle 2.)

If you enter a contest, we need your name and other contact information so that we may contact you if necessary. We may require additional information to verify a winning entry.

All personal information is collected is on a voluntary basis. However, DFO may not be able to accurately evaluate your franchise application without collecting some specific personal information.

PRINCIPLE 5: LIMITING USE, DISCLOSURE AND RETENTION

Personal information shall not be used or disclosed for purposes other than those for which the information was collected, except with the consent of the individual or as required by law. Personal information shall be retained only as long as necessary for the fulfillment of those purposes.

Personal information that is no longer required to fulfil the identified purposes should be destroyed, erased or made anonymous.

We intend to have a permanent database for email communications and discounts. Emails sent to you will have an optionfor you to have your information removed from our database.

DFO may share your personal information with its affiliates in order to process your franchise application, administer the DENNY’S® system and protect the integrity of the DENNY’S® trademarks.

As discussed in Principle 3, DFO will forward customer comments to the specific franchised restaurant owner.

We do not sell, transfer or disclose personal information or knowingly permit our third party providers to do so. In the course of our business, we may contract with third party providers to perform a variety of functions, such as fulfilling orders, assisting with promotions or programs, providing technical, billing or other services, or enforcing or investigating transactions or business operations. These companies may have access to personal information as necessary to perform their duties. These companies are instructed to use such personal information for the purpose of performing their duties and for no other purpose.

If all or part of the assets of DFO are sold, that part of the personal information associated with the assets being sold will be transferred (disclosed) to the new owner.

PRINCIPLE 6: ACCURACY

Personal information shall be accurate, complete and up-to-date as is necessary for the purposes for which it is to be used.

DFO will take all reasonable steps to ensure that your personal information is accurate, up-to-date and complete as necessary for the purposes for which it is to be used. Personal information that is used  on an ongoing basis should generally be accurate and up-to-date. We will update and correct any errors in personal information if you provide the particulars of any required updating or correction in a manner satisfactory to us.

PRINCIPLE 7: SAFEGUARDS

Personal information shall be protected by safeguards appropriate to the sensitivity of the information.

The safeguards shall protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. The nature of the safeguards will vary according to the sensitivity of the information.

The methods of protection will include physical measures, organizational measures and technological measures. Each employee of DFO shall be responsible for the protection of the personal information used in his or her job function. DFO shall regularly make all of its employees aware of the importance of maintaining the security of personal information. DFO shall also require that third parties to whom personal information may be disclosed provide a level of security for such information that meets DFO’s standards.

DFO shall carefully dispose of or destroy personal information to prevent unauthorized parties from gaining access to the information.

PRINCIPLE 8: OPENNESS

DFO shall make readily available to individuals specific information about its policies and practices relating to the management of personal information.

DFO shall be open about its policies and practices with respect to the management of personal information. Individuals shall be able to acquire information about DFO’s policies and practices by contacting DFO through its Privacy Officer or by accessing DENNY’S® web site (www.dennys.com).

The Privacy Officer can be contacted by telephone at (864) 597-8000; by Facsimile at (864) 597-8327; by email at [email protected]; or by mail at DFO, LLC, Mail Station P-12-3, 203 East Main Street, Spartanburg, SC USA 29319 Attention: Privacy Officer.

PRINCIPLE 9: INDIVIDUAL ACCESS

Upon request, an individual shall be informed of the existence, use and disclosure of his or her personal information and shall be given access to that information. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

Before giving you the personal information we hold about you, DFO must consult the Privacy Officer or that person’s delegate. Canadian law restricts access to such information where it would reveal personal information about a third party that cannot be severed from the information about the individual making the request, and in certain other circumstances we may be required to notify governmental institutions before release.

We may also refuse access where the information is protected by solicitor/attorney-client privilege; where the information would also reveal confidential commercial information; where the information could reasonably be expected to threaten the life or security of another individual; if the information was collected during an investigation of a breach of an agreement or a contravention of applicable laws on the expectation that the knowledge or consent or consent of the individual would compromise the availability or accuracy of the information; or where the information was generated in the course of a formal dispute resolution process.

Upon such a request, DFO shall inform an individual whether or not DFO holds personal information about the individual. We shall also say how we are using or have used the information and identify third parties to which the information has been disclosed.

Where the request for access is with respect to personal information collected, used or disclosed in the course of serving a customer or other third party, the customer or other third party shall immediately be provided with a copy of the request.

DFO shall respond to an individual’s request within 30 days and at minimal or no cost to the individual. DFO may require a reasonable payment for providing the information only if it has informed the individual in advance of the approximate cost and offered the individual an opportunity to withdraw the request before charges are incurred.

When an individual successfully demonstrates the inaccuracy or incompleteness of personal information, DFO must amend the information as required. Depending upon the nature of the information challenged, amendment could involve the correction, deletion or addition of information. Where appropriate, the amended information shall be transmitted to third parties having access to the information in question.

We shall keep a record when a challenge is not resolved to your satisfaction. When information that is subject to a request or challenge has previously been disclosed to a third party, we may also inform them of pending issues. We reserve the right not to respond to requests for access to information we reasonably deem to be frivolous or vexatious.

PRINCIPLE 10: CHALLENGING COMPLIANCE

Any individual shall be able to address a challenge concerning compliance with the privacy policy to the Privacy Officer.

DFO’s Privacy Officer will establish procedures to receive and respond to complaints or inquiries about DFO’s policies and practices relating to the handling of personal information.

DFO shall investigate all complaints. If a complaint is found to be justified through either the internal or external complaint review process, DFO will take appropriate measures, including amending its policies and practices if necessary.

Changes

From time to time DFO may change this policy to adapt to changing business conditions and for other reasons. If such changes will allow DFO to make materially greater use or disclosure of any personal  information, the individuals affected by the changes will be clearly and concisely notified of the changes and their proposed effect, and provided with an opportunity to withdraw their consent to the collection, use or disclosure of their personal information.

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