Thank you for visiting us online at churchschicken.ca or using our mobile app (collectively, “Online Services”). At Church’s we strive to do everything we can to respect the trust customers have in our brand and our commitment to your privacy is no exception. We are committed to protecting and safeguarding your privacy on the Internet, especially for children.
Thanks again for using our Online Services and for placing your trust in Church’s.
Church’s is pleased to provide information about its online privacy practices.
- certain publicly available information;
- de-identified or aggregated personal information; and
- certain other information as prescribed by law.
Depending on the circumstances, your consent may be express or implied. Express consent would arise if you specifically consented to a particular dealing in your Personal Information. Express consent can be given orally, electronically or in writing. Implied consent can be inferred from the circumstances and, in particular, where the uses and disclosures are readily apparent at the time we collect the Personal Information. For example, if you send us an email requesting certain information, we will use the email address in your email to send you the requested information without asking you if we can do so; your consent will be implied in those circumstances. As well, we will assume your consent to the collection, use and disclosure of your Personal Information for a particular purpose if you voluntarily provide the information for that purpose.
You may change or withdraw your consent at any time on reasonable notice by contacting us as set out below in Section 17. If you withdraw certain consents, it may limit the manner in which you can make use of the Online Services. For clarity, your ability to change or withdraw consent is not absolute. Church’s reserves the right to continue handling your Personal Information in those circumstances required or permitted by law despite a change or withdrawal of consent.
Types of Personal Information We Collect
Below we set out the categories of Personal Information that we may collect from individuals:
Category Examples Collected A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile device, advertising identifiers (for example, IDFAs and IFAs) or similar identifiers. YES Specific Personal Information categories A name, signature, address, telephone number, credit card number, debit card number, or any other financial information. Some personal information included in this category may overlap with other categories. YES Sensitive Personal Information. Age YES Race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). NO Commercial information Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES Biometric information Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO Internet or other similar network activity Browsing history, search history, computer or mobile-device operating system and browser type; type of mobile device and its settings; referring website (a site that has led you to ours) or application; online activity on other websites, applications or social media; information on a consumer’s interaction with a website, application, or advertisement; communications to us or regarding us on social media; and activity related to how you use our online services, such as access dates and times, the pages you visit on our sites or in our mobile apps. YES Geolocation data Physical location or movements. YES Sensory data Audio, electronic, visual, thermal, olfactory, or similar information. NO Professional or employment-related information Current or past job history or performance evaluations. NO Non-public education information Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO Inferences drawn from other personal information Profile reflecting a person’s preferences, characteristics, predispositions, behavior and attitudes. YES Other Identifiers – Driver’s license number YES Personal Information – signature, physical characteristics or description, education, employment, employment history, bank account number, medical information, or health insurance information.
Identifiers – Social Insurance Number, passport number, provincial identification card number, insurance policy number.
Commercial Information – records of personal property.
Inferences drawn from other Personal Information – psychological trends, intelligence, abilities, and aptitudes.
2. How We Collect Your Information
We will generally collect Personal Information directly from you, for example, when registering to use our mobile app or registering at our website.
We may also collect Personal Information about you if you use one of the Church’s websites listed below. For example, from submissions through our website portal or website usage details collected automatically.
churchs.hn churchstexascsi.com TEXASCHICKEN.COM CHURCHS.US churchstogo.com TEXAS-CHICKEN.COM churchschicken.ca churchsusa.com texaschicken.com.mg CHURCHSCHICKEN.COM freadynow.com texaschicken.com.mu churchschicken.com.tt MYLOCALCHURCHS.COM texaschicken.info.ke churchschicken.gy Teamchurchs.com texaschicken.ke churchschicken.hn tellchurchs.com texaschicken.la CHURCHSCHICKEN.INFO telltexaschicken.com texaschicken.lc churchschicken.lc texaschicken.ae texaschicken.mg churchschicken.me texaschicken.africa texaschicken.mu Churchschicken.net texaschicken.bh texaschicken.ne.ke CHURCHSCHICKEN.ORG texaschicken.cn texaschicken.net.rw churchschicken.st texaschicken.co.ke texaschicken.or.ke churchschicken.tt texaschicken.co.mu texaschicken.org.mg CHURCHSCHICKEN.XXX texaschicken.co.mz texaschicken.org.rw CHURCHSCHICKENRESTAURANTS.COM texaschicken.co.nz texaschicken.pk churchsdealivery.com texaschicken.co.rw texaschicken.rw churchsdelivers.com texaschicken.co.th texaschicken.ug CHURCHSFRANCHISE.COM texaschicken.co.tz texaschicken.uk CHURCHSFRIEDCHICKEN.COM texaschicken.co.ug texaschickenarabia.com churchstexaschicken.com texaschicken.co.uk
As well, we may use automated technology to collect information from your computer system or mobile device when you visit our restaurants, use our online services, or in-restaurant technology to collect information about the exact location of your mobile device or computer using geolocation and technology such as GPS, Wi-Fi, Bluetooth, or cell tower proximity. Automated technology may include cookies, local shared objects, geofencing and web beacons. There is more information below about cookies and other technologies in Section 8.
In using our Online Services, you will have the ability to control the amount of Personal Information you provide to us and therefore you may restrict the use and disclosure of Personal Information we collect from you by not providing Personal Information to the Online Services. However, if you choose to limit the Personal Information you provide, it may limit the manner in which you can make use of the Online Services.
How Will We Use Your Information
Set out below are certain circumstances where we may use your Personal Information without obtaining any further consent. By providing Personal Information to us, we are assuming that you are consenting to these uses unless you inform us otherwise. These are:
- To fulfill or meet the reason for which the information is provided, such as carry out your requests, fulfill orders, and process payments for our products and services as well as communicate with you about your orders, purchases or accounts with us, requests, questions, and comments. For example, if you provide us with Personal Information in order for us to provide you with rewards through our Loyalty Program, we will use that information to determine the rewards for which you qualify and provide you those rewards through our mobile app or other methods as disclosed.
- To provide the Online Services to you. Specifics of the uses of your Personal Information may be described in the documentation for the Online Services or as may be readily apparent through the general operation of the Online Services.
- To use payment method preferences and related financial information that you provide to us so that we can obtain payment for the products and services that you order.
- To use identification information and contact information, such as your name and e-mail address so that we can identify you and deliver products and services that you request and to communicate with you regarding those products and services.
- To use information relating to your preferences so that we are able to deliver our products and services to you in accordance with those preferences.
- To use relationship information such as your service requests, instructions, comments and feed back to assist us in delivering products and services in accordance with your wishes.
- To use Personal Information for the purpose for which it was provided and certain other activities that are reasonably ancillary to that purpose. For example, if you send us an e-mail with a question or comment, Church’s will use your e-mail address to respond to you. Further, Church’s may store your e-mail and e-mail address and a copy of our response for future reference.
- To provide customer support, including to process any concerns about our products and services.
- To provide you with information, products or services that you request from us.
- To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
- To analyze Personal Information and how our Online Services are being used to assist us in developing and enhancing our products and services, including the Online Services.
- To analyze Personal Information and how our Online Services are being used to assist us in conducting market analysis and strategic planning.
- To market to you, improve our products and services, and the following additional legitimate business interests: (a) use analytics and profiling technology to personalize your experience, deliver content (including advertising) tailored to your interests and how you use our online services or in-store technologies, manage our business, help diagnose technical and service issues, administer our online services and in-store technologies, identify users of our online services, identify a device for fraud prevention purposes, gather demographic information about our customers, and determine usage patterns of our services; (b) maintain, manage, and improve our products, offers, promotions, and online services and other technology; (c) send you e-mails or text messages about our products and services, competitions, offers, promotions or special events that we believe may interest you; (d) to send you e-mails or text messages about the products and services of our business partners; (e) provide location-based services; (f) deploy cookies and similar technologies; and (f) provide online services to you, which includes our websites or mobile apps.
- To carry out our obligations and enforce our rights arising from the Loyalty Program, Ordering Application, Contests, Sweepstakes, Games or any other contract between you and us.
- As necessary or appropriate to protect the rights, property or safety of us, our customers or others and ensure the security of our networks and systems.
- To respond to law enforcement requests and as required by applicable law, court order, legal request, governmental regulations, law enforcement investigation or an investigation on a matter of public safety.
- As described to you when collecting your Personal Information.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us is among the assets transferred.
Church’s has many independently-owned and operated franchises that provide our food and beverage offerings. In that regard, we provide a number of services to support our franchisees. As such, a franchisee may provide your Personal Information to us to enable us to assist that franchisee with its operations and, as such, we may use your Personal Information in order to provide that assistance.
To Whom We May Disclose Your Personal Information
Set out below are certain circumstances where we may disclose your Personal Information without obtaining any further consent. By providing Personal Information to us, we are assuming that you are consenting to these disclosures unless you inform us otherwise. These are:
- Personal Information that is supplied to the Online Services will be disclosed in accordance with the description of disclosures as set out in the related documentation for the Online Services or as may be readily apparent through the general operation of the Online Services.
Our Online Services collect the domain names, IP addresses and the activity of visitors. This information is aggregated for the purposes of measuring the number of visits, average time spent on the Online Services, pages viewed, and other similar purposes. Church’s uses this information to measure the use of the Online Services and to improve the content of the Online Services.
We may use your IP address and similar website use information to: (i) help diagnose problems with the Online Services, administer and improve the Online Services, and measure the use of the Online Services; (ii) identify the type of web browsers used, the pages viewed, the websites from which a visitor found the Online Services, and the search terms and search engines used to find the Online Services; and (iii) gather other web analytics information relating to visitors’ use and navigation of the Online Services. This information does not identify you personally. On occasion we may aggregate this data with data on the pages visited by other users to track overall visitor traffic patterns and provide this aggregate information to vendors, business partners, or affiliates. This information is also used to improve our Online Services.
We may send text files (e.g., “cookies” or other cached files) or images to your web browser. Such text files and images are used for technical convenience to store information on your computer. For instance, we may use a cookie to store form information that you have entered so that you do not have to enter such information again. We may use information stored in such text files and images to customize your experience on a website and to monitor use of the website. Cookies also allow us to track visitors to webpages so we will know when they return. Cookies allow us to provide the visitor with tailored information and services based on their previous visits. Cookies do not enable us to identify the visitor unless that visitor has previously provided Personal Information during a visit. You may set your browser to notify you when you receive a cookie. Many web browsers also allow you to block cookies. If you block cookies you may not be able to access certain parts of a website. You can disable cookies from your computer system by following the instructions on your browser or at www.youradchoices.com.
Google Analytics collects information on your activities on our Online Services and may associate it with other information that they may have collected and they may use all of this information for their own business purposes. See https://policies.google.com/technologies/partner-sites for more information on Google’s privacy practices with respect to websites that use Google services.
The Online Services may offer social sharing features and other integrated tools (such as the Facebook "Like" button), which let you share actions you take on our Online Services with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection, processing and disclosure in connection with social sharing features, please review the privacy policies of the entities that provide these features.
You can opt out of targeted advertising by visiting the Digital Advertising Alliance website or the Network Advertising Initiative website. If you choose to opt out, you will continue to receive advertisements but they will not be tailored to your interests.
We implement and maintain industry recommended standard procedural, physical and electronic security measures designed to protect Personal Information from unauthorized access, use, modification or destruction, taking into account the sensitivity of the Personal Information. While these security measures are implemented and maintained in accordance with the foregoing standards and in accordance with applicable law, they may nevertheless be breached by motivated individuals despite our efforts.
Storage and Processing Information Outside Canada
Certain of our affiliated companies are located in the United States. As well, certain of our service providers are located outside of Canada, including the United States, United Kingdom, United Arab Emirates and Egypt. As such, we may transmit your Personal Information to our affiliated companies and to third parties who are located outside Canada to assist us in the operation of our business. By providing Personal Information to us, you are consenting to the delivery and the storage, processing and handling of your Personal Information outside of Canada. Please note that many governments around the world can require that organizations under their jurisdiction deliver information, including Personal Information, that is in the control of that organization to the government. This is often done without notice to or the consent of the affected individual.
Children’s Privacy Notice
What Personal Information Does Church’s Collect From a Child?
How Does Church’s Use the Personal Information It Collects from a Child?
We use Child Personal Information to provide and improve our products and services, including personalizing offerings and recommendations for children, communicating information, enforcing parental controls, and giving parents visibility into how their children use our products and services.
We use email addresses submitted by a child in order to respond to the child’s request or to notify the child if he or she has won or lost a contest or sweepstakes they entered. We use the email address of a parent or guardian, in order to provide the parent notice of our information practices or to seek the parent’s or guardian’s consent. If a child provides his or her first name and a friend’s first name and/or email address to request we send a card, photo or game to the friend, then we use that information solely to send the card, photo or link to a game to the friend’s email address.
Does Church’s Share a Child’s Personal Information?
We may share a child’s Personal Information with third parties to the extent reasonably necessary to protect the security or integrity of our sites, take precautions against liability, or respond to judicial process or requests from other governmental authorities; or when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity. We also may share Personal Information collected from children with service providers that perform services for Church’s. These services may include hosting our Online Services, providing technical services to Church’s, fulfilling requests or administering sweepstakes. Such service providers are obligated to protect the confidentiality of the Personal Information we share with them.
Requests from Parents Regarding Our Children’s Privacy Practices
You choose whether to give us permission to collect Child Personal Information from your child. If you have not given us permission to collect Child Personal Information, we may make available certain voice services intended for children (e.g., certain Alexa features), and we may process your child’s voice recordings to provide these services, but we will not store those voice recordings. We do not knowingly collect, use, or disclose Child Personal Information without this permission.
We make available controls so that you can remain involved in your child's use of Church’s products and services. To learn more about revoking permission for a child or how to review or delete Child Personal Information, please visit the Manage Parental Consent page or contact email@example.com using the information provided below.
Please note that if you withdraw the permission you have provided for your child or request deletion of Child Personal Information, certain services and features may no longer be available.
Parents may review Personal Information we have collected from their child that has not been deleted, and can request that the Personal Information be deleted from our records if it has not been already. Parents also may refuse to permit further collection or use of their child’s Personal Information, when the parent has previously provided consent. To do so, please contact us at the address, telephone number or email address provided below with your request.
Who Should I Contact with Questions?
We urge parents to regularly monitor and supervise their children’s on-line activities. If you have any questions about our Children’s Privacy Notice, please contact us at:
Attn: Chief Legal Officer
Cajun Operating Company d/b/a Church’s Chicken
980 Hammond Drive, Suite 1100
Atlanta, GA 30328
Other than information required to sell our products or services, Church’s does not knowingly collect personal identifiable information from children under the age of 13. If a child under 13 has provided us with Personal Information without parental or guardian consent, the parent or guardian may contact us by emailing us at firstname.lastname@example.org. We will remove the information and unsubscribe the child from any of our electronic marketing lists. When required by applicable law, we may ask children to obtain consent from their parents or guardians before we will provide a product or service to them.
Other Collection, Use and Disclosure
As well, the law permits or requires the collection, use and disclosure of Personal Information without the knowledge or consent of the individual in a number of circumstances. We reserve the right to collect, use and disclose your Personal Information in these circumstances without your knowledge or consent as the law may permit or require.
Links to Other Web Sites
We may offer links to sites that are not operated by Church’s. If you visit one of these linked sites, you should review their privacy and other policies. We are not responsible for the policies and practices of other companies, and any information you submit to those companies is subject to their privacy policies.
Other Church’s Web Sites
Church’s Franchisee Web Sites
Church’s may, from time to time, provide you with an opportunity to opt-out of certain collection, uses and disclosures of your Personal Information. At the same time, an implied consent to collect, use and disclose your Personal Information would arise if you fail to indicate that you wish to opt-out of the particular collection, use and disclosure when you are given an opportunity to do so.
As well, Church’s may, from time to time, provide you with an opportunity to opt into certain collection, uses and disclosures of your Personal Information. In that case, if you do not opt-in, Church’s will assume that you do not consent to your Personal Information being collected, used and disclosed in that particular manner.
Church’s will generally use an opt-out method when the particular use or disclosure is not unusual, the information is not particularly sensitive or when Church’s believes that most people would likely consent to the particular use or disclosure. Church’s will generally use the opt-in method in other circumstances.
As an example, if you have agreed to receive marketing communications from us, you can later opt out by following the opt-out instructions in the marketing communications or order notifications we send you. You can also generally find your communication preferences with instructions on how to opt out in the profile section of the online services that you use. Please be advised that if you opt out of order communications you will may not receive notice of the status of your order.
You may also have the ability to change your communication preferences using your device settings. To opt-out of collection of information by analytics, advertising, and social media partners, you can use our preferences management tool on www.churchs.com, and also visit the opt-out tools provided by the Network Advertising Alliance and the Digital Advertising Alliance.
If you do opt out of receiving marketing communications from us, we may still send communications to you about your transactions, any accounts you have with us, and any contests, competitions, prize draws or sweepstakes you have entered. Opting out of one form of communication does not mean you have opted out of other forms as well. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you have opted in to receiving them. Please note that if you are receiving communications from a Church’s Chicken franchise, then you will need to opt out from them directly.
Exercising Your Right to Data Access, A Copy of Your Data, Data Deletion or Data Correction
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
To request access to or a copy of your Data, please complete the Privacy Request Form.
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
To request we delete your Data, please complete the Privacy Request Form.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
You have the right to request that we correct any of your personal information that we collected from you and retained. Once we receive and confirm your verifiable consumer request, we will correct (and direct our service providers to correct) your personal information from our records, unless an exception applies.
To request we correct your Data, please complete the Privacy Request Form.
We may deny your deletion or correction request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the Personal Information Protection and Electronic Documents Act (PIPEDA).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
You may designate an authorized agent to request any of the above rights on your behalf. You may make such a designation by providing the agent with written permission, signed by you, to act on your behalf. Your agent may contact us as set forth below in “How to Contact Church’s Chicken” to make a request on your behalf. Even if you choose to use an agent, as permitted by law, we may require verification of the agent’s authorization to act on your behalf, require you to confirm you have authorized the agent to act on your behalf, or require you to verify your own identity.
How to Contact Church’s Chicken
Attn: Digital Marketing and Chief Legal Officer
980 Hammond Drive
Atlanta, GA 30328
If you would like to speak to a customer care representative, please call 1-866-345-6788
Additional Information for Church’s Employees
Confidential information of Church’s (including, but not limited to, business strategies, pending contracts, unannounced products, exploration or research results, or financial projections) may not be given or released, without proper authority, to anyone not employed by Church’s, or to an employee who has no need for such information. Nonpublic information obtained as a consequence of employment with Church’s (including information about customers, suppliers, or competitors, acquisitions or divestitures) may not be used for the personal profit of the employee or of anyone as a result of association with the employee. Use of nonpublic information includes taking advantage of such information by trading or providing information for others to trade in securities of Church’s or any other company. All disciplinary records, medical/benefit information and employee’s personal data and family data are considered confidential and shall be given the same consideration and protections as confidential Church’s information.
Canadian SMS Terms & Conditions
What are Church’s Chicken Mobile Alerts?
Cajun Operating Company d/b/a Church’s Chicken and Church’s Texas Chicken (“Church’s Chicken”) Mobile Alerts are non-marketing and marketing text messages that contain information regarding local Church’s Chicken operations. By enrolling in Church’s Chicken Mobile Alerts you expressly consent to receive recurring autodialed marketing texts from or on behalf of Church’s Chicken at the mobile number you’ve provided to opt-in. You understand that consent is not a condition of purchase. Message and data rates may apply. Message frequency will vary.
How do I sign up?
You can sign up for one or more Church’s Chicken Mobile Alerts programs by texting the code found in any Church’s Chicken advertisement or communication. After opting-in, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your opt-in.
What if I don’t want to receive any more messages?
You may opt-out of these communications at any time. To stop receiving Church’s Chicken Mobile Alerts, by texting STOP to any of the Church’s Chicken Mobile Alerts you receive or clicking on the link embedded in the Church’s Chicken Mobile Alert you receive. You will receive a final message confirming your opt-out, and no further messages will be sent to your mobile phone unless you later choose to opt back in to the program. You can also click on Unsubscribe here to opt-out by de-selecting either of the following choices on that page:
- I agree to receive from Church’s Chicken certain marketing communications (include the remainder of the wording from that button)
- I agree to receive from Church’s Chicken certain App orders notifications (include the remainder of the wording from that button)
How do I get more info?
To request more info, simply text HELP to the short code 244256, email us at email@example.com, or call us at 1-866-345-6788.
What are the Participating Carriers?
Check with your wireless carrier if you have questions regarding any data plan participation. The wireless carrier does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.
How are disputes resolved?
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Any dispute or claim arising out of or relating in any way to Church’s Chicken Mobile Alerts will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms & Conditions.
Mandatory, Binding Arbitration. YOU AND CHURCH’S CHICKEN AGREE TO RESOLVE ANY DISPUTE ARISING OUT OF, OR RELATING TO, THIS AGREEMENT OR CHURCH’S CHICKEN MOBILE ALERTS, EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, BY FINAL AND BINDING, BILATERAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT CHURCH’S CHICKEN AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, S.C. 2010, c. 23, Canada’s Anti-Spam Legislation (CASL), the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equitable theory.
Arbitration Rules. Unless you and Church’s Chicken otherwise agree in writing, the arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to JAMS Streamlined Arbitration Rules and Procedures (“JAMS Streamlined Rules”), as modified by this agreement, and consistent with JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (“JAMS Consumer Fairness Standards”). Notwithstanding JAMS Streamlined Rule 8(b), you and Church’s Chicken agree that any dispute as to the arbitrability of a claim brought by either you or Church’s Chicken shall be resolved by a court of competent jurisdiction. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury. We also both agree that you or we may bring suit in court to seek to enjoin infringement or other misuse of intellectual property rights.
Actions Conducted Only on Individual Basis. You and Church’s Chicken each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action. This means that you may not purport to act on behalf of a class or any other person. Likewise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
The Arbitrator’s Decision. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms and Conditions, will be final and binding, and will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms and Conditions, but only to the extent necessary to provide relief warranted by the claimant’s individual claim. Judgment on the arbitration award may be entered in any court with jurisdiction. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.
Are there any other terms?
Yes, but just a couple more…Limitation of Liability. We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
Applicable Law. Except as otherwise provided herein, your use of the Church’s Chicken Mobile Alerts is governed by the laws of the State of Georgia.
Severability. If any term in these Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this Severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the Party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the Party seeking such compensation.
These Terms and Conditions are subject to change at any time without notice.
Effective Date: January 17, 2022