Privacy
WEBSITE USE AND PRIVACY TERMS FOR QUALITY DINING, INC.

Burger King® • Papa Vino’s • Uptown Kitchen®

 

Last Revised: February 20, 2018 

 

Quality Dining, Inc., and its affiliates and subsidiaries (hereinafter, collectively “QDI”) are sensitive to privacy concerns of our web users and visitors. This policy will explain what types of personal information QDI’s website (www.qdi.com) (the “Website”) collects from users and visitors, the purpose for which the information may be used, and what rights users and visitors have related to the collection, disclosure and use of that information and the Website. The Website is comprised of various Web pages operated by Quality Dining, Inc. 

 

The Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Website constitutes your agreement to all such terms, conditions, and notices. 

 

The website is operated by Quality Dining, Inc. 

 

Use of Communication Services 

 

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: 

 

 

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. 
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. 
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. 
  • Upload files that contain viruses, malware, corrupted files, or any other similar software or programs that may damage the operation of another's computer. 
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. 
  • Conduct or forward surveys, contests, pyramid schemes or chain letters. 
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. 
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. 
  • Restrict or inhibit any other user from using and enjoying the Communication Services. 
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. 
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent. 
  • Violate any applicable laws or regulations. 

 

QDI has no obligation to monitor the Communication Services. However, QDI reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. QDI reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. 

QDI reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in QDI 's sole discretion. 

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. QDI does not control or endorse the content, messages or information found in any Communication Service and, therefore, QDI specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized QDI spokespersons, and their views do not necessarily reflect those of QDI. 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials. 

 

Materials Provided to QDI or Posted at Any Website 

 

QDI does not claim ownership of the materials you provide to QDI (including feedback and suggestions) or post, upload, input or submit to any Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting QDI and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. 

 

No compensation will be paid with respect to the use of your Submission, as provided herein. QDI is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in QDI's sole discretion. 

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. 

 

Disclaimer/Indemnity 

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. QDI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. 

 

QDI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. QDI AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QDI AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF QDI OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. 

 

BY USING THE WEBSITE, YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY INDEMNIFY AND HOLD HARMLESS QDI, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS THAT MAY ARISE FROM ACTIONS TAKEN BY YOU OR IN CONNECTION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO ANY SUBMISSIONS OR OTHER MATERIALS UPLOADED BY YOU TO THE WEBSITE. 

 

Trademark Information 

 

All trademarks, logos, and service marks displayed on the Website are registered and unregistered trademarks of QDI or its franchisors being used by license. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these trademarks in any way. The misuse of any such trademarks on any other website is strictly prohibited. All of the materials contained on the Website are copyrighted unless specifically indicated otherwise. The absence of trademark, trade name or service mark, does not constitute a waiver of our intellectual property rights concerning the trademark, trade name or service mark. All other trademarks used in this site are the property of the respective trademark owners and used with their permission. 

 

Non-Personal Information 

 

Non-personal information may be collected by the operation of internet host servers. This sort of information includes IP addresses, your mobile devices’ unique ID, the type of mobile device or operating system you are using, the browser you are using, the number of visitors or users of the Website, and the web address the user or visitor was at immediately before visiting the Website. This information does not include any personally identifiable information, such as email address, unless the user or visitor expressly provides that information. 

Cookies may be used to collect web use data from a user or visitor’s hard drive however, this information does not include personally identifiable information. The cookies are merely intended to personalize your use of the Website, and make repeated use of the site easier. You have the ability to decline cookies by following the instructions for doing so on your web browser. We may use cookies to identify marketing materials most appropriate for you, or facilitate your recall of a password when reusing a desktop or mobile device to access functions on our web page. 

 

Personal Information 

 

Any personal information collected would be information that you as a user share or provide for purposes of purchasing a gift card, obtaining or providing employment related information, fundraising, or participating in electronic marketing, contests, or other such programs. This information may include your name, address, telephone number, or email address. Such personal information, would only be used as follows: (1)to allow us to notify visitors or users of upcoming events, promotions, or Restaurant activities, (2) to conduct internal reviews of the use of the Website and conduct marketing research, (3) to send marketing and other materials to our visitors or users about products and services provided by QDI, (4) to fulfill purchases, coupons, prizes or awards, (5) to respond to specific requests or inquiries posed by a user or visitor, (6) to protect the security of the website or respond to a subpoena or demand from an authorized government agency (7) to provide notice to visitors or users. If you begin to receive emails or text communications from one or more of QDI restaurants, you will also be provided with instructions about how to un-subscribe.

 

QDI does not collect any credit card information through the Website. Any personally identifiable information provided for credit card purchases is not provided to QDI or any QDI restaurant. Rather, any such information is received or processed by the credit card processing entity. 

 

QDI will not share or disclose personal information to any third party except third parties used to effectuate a purchase from the Website, or where required by subpoena or government demand. 

 

Changes to this Policy: QDI reserves the right to change the terms of this policy by posting updated text on this site. By using the Website, you are agreeing to the terms of this Policy and your continued use confirms your agreement to any modified or changed terms. QDI recommends you periodically review this policy to assure there are no changes that may impact your use of the Website. 

 

Children Privacy 

 

QDI does not knowingly collect any personally identifiable information from children under the age of thirteen. The Website is directed to adults at least eighteen years old. When a user uses the Website or discloses personal information on the Website, the user is representing to us that he or she is the appropriate age for the Website, or if he or she is under the referenced age, that he or she is using the Website with the involvement of a parent or guardian. If a child under thirteen provided the Website with personally identifiable information, we ask that a parent or guardian contact us at CorpQuestions@qdi.com, and we will promptly delete the child's information from our records. 

 

Third Party Links 

 

The Website may link you to other sites not operated or maintained by QDI. QDI is not responsible for any information provided to or obtained from such parties or links. Please refer to the privacy policies provided on those sites to which you may be linked. 

 

Miscellaneous 

 

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in St. Joseph County, Indiana, U.S.A. in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and QDI as a result of this agreement or use of the Website. QDI’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of QDI's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by QDI with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and QDI with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and QDI with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties to this Agreement that this Agreement and all related documents be drawn up in English. 

 

Contact Us 

 

If you have any questions about these use and privacy terms, please contact us at CorpQuestions@qdi.com or (574) 271-4600.