This Privacy Policy applies to personal information collected online by Whitman Holding Enterprises, Inc. its affiliates and subsidiaries including Whit’s Frozen Custard (collectively referred to as “Whit’s”) in connection with its U.S.-based websites, microsites, mobile sites or mobile apps that expressly adopt, display or link to this Privacy Policy (collectively referred to as our “Sites”).  It also applies to personal information Whit’s collects in connection with its pages on social media sites, such as Facebook®, Instagram®, Twitter®, Snapchat®, Pinterest® or others (collectively referred to as our “Social Media Pages”).  Our Sites are not directed at children under the age of 13, and no one under the age of 13 should provide personal information on our Sites.


This Privacy Policy answers the following questions:

1. What information does Whit’s collect about you on our Sites and Social Media Pages?

2. How do we use the information we collect about you?

3. Does Whit’s share your information with third parties?

4. What choices do you have over how Whit’s uses your information?  

5. How does Whit’s secure your information on its Sites?

6. Will this Privacy Policy change?

7. How can I contact Whit’s?

1. What information does Whit’s collect about you on our Sites and Social Media Pages?

We may collect information about you from a variety of sources, including when:

  • you provide us information
  • we observe or collect information through technology
  • we receive information about you from third parties
  • we collect information on our Social Media Pages

Information You Provide

We may ask you to provide information about yourself directly to our Sites, such as the following:  

  • name
  • address
  • email address
  • telephone number
  • payment card information
  • information related to customer satisfaction surveys 

 We may allow you to use your personal social media account, on social media sites (“Personal Social Media Account”), to provide information to us when you participate in certain features on our Sites.  This information may include any information you have shared on your Personal Social Media Accounts, such as the following:

  • your name
  • profile picture
  • gender
  • networks
  • user ID
  • list of friends
  • language
  • birthday
  • education
  • work history
  • address
  • interests
  • likes
  • country

It is also possible that we will be able to continue collecting this information from your Personal Social Media Accounts should the information be revised by you later.  You may choose not to provide us with certain requested information, but then you might not be able to take advantage of some of the features on our Sites.   

Information Observed or Collected Through Technology

a. Navigational Information.  Navigational information, such as the following, is collected by us and our third party service providers when you use our Sites:

  • browser type and version
  • operating system
  • the Internet service provider used to access our Sites
  • IP Address
  • use of links to arrive at our Sites
  • web pages requested and viewed
  • time spent on our Sites
  • for our mobile websites, technical information about the device used, such as screen size  and how images may appear

b. Location Information.  Our Sites include features that may require collecting different types of location information that we then use for the specific feature you have selected, such as:

  • Store locator. Our Sites may allow you to search for retail locations near you. If you access one of our Sites through a mobile device and you have enabled location-based services, specific location information may be collected for these features.  If you access these features through a desktop device, you may be able to choose to have your browser provide us your location information to respond to your request.  The specificity of the desktop device location information can vary depending on the browser you are using and how you are connected to the internet.

Information Obtained from Third parties

We may combine information about you from other sources with the information we have collected about you on our Sites or Social Media Pages.  

Information Collected on Whit’s Social Media Pages

Personal information may be collected directly by us through our Social Media Pages.  The type of information we would collect is similar to what is described above under “Information You Provide.”   Personal information may also be collected by the social media site hosting our Social Media Pages. Our Privacy Policy does not cover the privacy and security practices of the social media sites on which Whit’s has its Social Media Pages.

2. How do we use the information we collect about you?

The information we learn from you helps us personalize your experience with us and our communications to you, and helps us continually improve your experience on our Sites.  

We use the information you provide, information collected through your Personal Social Media Accounts, and information collected on our Social Media Pages for things like:

  • improving and developing our Sites
  • servicing our customers
  • personalizing your experience when visiting our Sites
  • analytics
  • responding to your inquiries
  • market research and surveys
  • conducting events, promotions, contests and sweepstakes

We use navigational information gathered through technology for determining things like:

  • which parts of our Sites are most visited or used
  • what features/products are browsed
  • how to improve and better transact business
  • the effectiveness of our Sites
  • difficulties visitors may experience in accessing our Sites
  • monitoring the number of visitors to our Sites
  • average time spent on our Sites
  • any programming errors or failures on any of our Sites

Similar to the navigational information described above, the social media sites where we have our Social Media Pages may provide aggregate information and analysis to us about visitors to our Social Media Pages.  This allows us to better understand and analyze our user growth, general demographic information about the users of, and interaction with content on, our Social Media Pages.

3. Does Whit’s  share your information with third parties?

 We do not sell, rent, or trade your personal information to unrelated third parties except as set forth below.  We may share your personal information with the following:

  • our contractors, vendors, affiliates and third party service providers in order to perform tasks on our behalf such as the following:
    •     facilitating your purchase
    •     assisting in servicing our products
    •     providing and improving our communications with you
    •     responding to your inquiries
  • when it is necessary for completing or servicing any transactions that you have authorized and, in some instances, to verify the existence or condition of your account with a financial institution, credit bureau or other third party
  • as required to cooperate with a subpoena, search warrant or other legally valid inquiry, court order or other legal process, or as required or permitted by law
  • to protect the rights, property or safety of our Sites, our users or others, including where necessary for the establishment, exercise or defense of legal claims
  • as necessary and appropriate to protect Whit’s from harm due to fraud or other illegal activities.

If Whit’s were ever merged with or acquired by another company, or if we acquire another business entity or are involved in a corporate reorganization or other change of control, or if we sell substantially all the assets of a division, affiliate or subsidiary, some or all of the personal information collected about you could be shared with the acquiring or acquired company.

We may also share aggregate data about our sales, customers, traffic patterns, and other related Site information with third parties, but none of this data is connected to an individual’s personal information.  

4. What choices do you have over how Whit’s uses your information? 

We give you choices about the information we collect and how we communicate with you.  

1. Location Information:

a. Mobile Device Location Information. Your mobile device settings may allow you to disable location-based services, which will prevent our Sites from accessing your precise mobile device location information.  We recommend you review the help or user manual provided with your device for instructions.

b. Desktop Device Location Information.  Your desktop web browser may allow you to remove permission you granted through your desktop device for our Sites to access your location information and/or completely block requests for location information.  We recommend you review the help or user manual provided with your browser for instructions.

c. Email Location Information. Your email program may allow you to prevent the pixel tags or images in the emails you receive from us from downloading, which will also prevent our service provider from accessing your location information.  You can also unsubscribe from receiving our emails, as described in the "Email" section above.

2. California Opt-Out Rights:  Under California law, if you are a resident of California and have previously communicated with us or purchased something from us, you may make a written request to Whit’s about how we have shared your personal information during the prior calendar year with third parties for their direct marketing purposes.  In response to your written request, Whit’s is allowed to provide you with a cost-free means to opt-out of such sharing rather than providing the information about these third parties.  We are providing the opportunity to opt out, which you can do by submitting an opt out request here, that includes your name and all of the postal addresses and email addresses that you have provided to us.

5. How does Whit’s secure your information on its Sites?

We employ reasonable physical, technical and administrative procedures to safeguard the personal information we collect through our Sites. While we use these security measures on our Sites, you should be aware that 100% security is not always possible.  

We may enable you to navigate to third-party websites through links on our Sites. We do this for your convenience.  If it is not one of our Sites, we don't endorse, may not have any affiliation with, do not control and aren't responsible for those third-party websites and/or their Internet and web practices.  Whether the third-party content appears within our Site environment (like a map frame), or you leave our Site for another website to view it, the terms, conditions, and privacy policies of those other websites govern your online experience.  Please review their terms of service and privacy policies if you have any question about their practices.

6. Will this Privacy Policy change?

We may make changes to this Privacy Policy at any time, so please review it periodically.  We will update the effective date of the Privacy Policy at the time a change is made.   

7. How can I contact Whit’s?

If you have questions or concerns with respect to our Privacy Policy, please contact us by filling out an online inquiry form available here, making sure to include your question, name and contact information.


Effective as of:  May 25, 2018