Effective Date: May 12, 2022
2. The Types and Categories of Personal Information We Collect
|Personal Identifiers||Identifiers, such as your name, postal address, email address, account name, telephone number, social media identifiers, customer identification number.|
|Registration Data||Information provided when you register for an account to use our Website and Apps, including usernames and passwords.|
|Online Identifiers (For more information, see “Technical Data” below)||Persistent identifiers that can be used to recognize you or your device over time and across different services, including a device identifier, an Internet Protocol (IP) address, cookies, beacons, pixel tags, mobile ad identifiers, and similar technology.|
|Commercial Information||Records of the Services you purchased, obtained, or considered, or your other purchasing or consuming histories or tendencies with respect to our Services.|
|Business Contact Data||Information related to employees, owners, directors, officers, or contractors of a third-party organization (e.g., business, company, partnership, sole proprietorship, nonprofit, or government agency) with whom we conduct, or possibly conduct, business activities.|
|Payment Card Data||Data necessary to process your payment if you make purchases, such as your payment instrument number (e.g., credit card number) and the security code associated with your payment instrument. All payment data is stored by our payment processor, and you should review its privacy policies and contact the payment processor directly with your questions.|
|Marketing and Communications Data||Information with respect to your marketing preferences and your subscriptions to our publications, mailings, and alerts.|
|Internet and Electronic Network Data||Data pertaining to your access or use of our Website and Apps, including browsing history, search history, and information regarding your interaction with our Website and Apps or advertisements embedded on our Website and Apps or other third-party websites.|
|Your Reviews, Comments, and Feedback (For more information, see “Product Reviews; Feedback” below)||Information you provide about our Services or other ideas, which may include data gathered from any of the Company surveys or reviews that you submit.|
|Geolocation Data||Information about the general city, state, or region in which a user of our Website and Apps is located.|
|Professional or Employment Data (For more information, see “Employment Applications and Talent Management” below)||If you apply for a job with the Company, we collect information set forth in a résumé, curriculum vitae, cover letter, and similar documentation, including contact details, employment history, skills, or qualifications, education level, job compensation and benefit preferences, criminal record, credit history and similar data, and information provided about or by your references.|
|Inferences||Inferences drawn from some of the personal information categories identified herein and used to create a consumer profile reflecting your purchasing and marketing preferences, characteristics, and behavior.|
Mobile Messaging Program
If you participate in our Mobile Messaging Program, we collect various information from and about you, including information you directly provide when you participate in the Mobile Messaging Program. For example, we collect the phone number and email address you provided when signing up for the Mobile Messaging Program. When you send messages via the Mobile Messaging Program, we will also collect your messaging history and any information included in those messages. We may also collect information about you using cookies or similar technologies to enable personalization of your experience on the Mobile Messaging Program (e.g., sending you personalized text messages such as shopping cart reminders). If you participate in a contest, sweepstakes, research study, or email survey associated with the Mobile Messaging Program, we will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your contact information if you contact us with questions about the Mobile Messaging Program or for customer service.
3. Technical Data
When you access our Website and Apps, we collect certain data automatically using technical means and tools. This data relates to your device and your experience on our Website and Apps and other websites, including the following:
Usage and Device Data. When you access and use our Website and Apps, we automatically collect details of your access to and use of our Website and Apps, including traffic data, usage logs and other communication data, and the resources that you access and use on or through our Website and Apps (e.g., browsing history, search history). We may also collect information about your device and internet connection, including the device’s unique identifier (e.g., device type, IMEI, Wi-Fi MAC, IP address), operating system, browser type, and mobile network information. Our Website and Apps may collect “diagnostic” data related to your use of our Website and Apps, such as crash data and logs, performance data (e.g., launch time, hang rate, or energy use), and any other data collected for the purposes of measuring technical diagnostics.
Cookies and Tracking Data. We use “cookies” and other tracking technologies within our Website and Apps. A cookie is a small file placed on your smartphone or other device. It may be possible to refuse to accept cookies by activating the appropriate setting on your smartphone or device. However, if you select this setting, some parts of our Website and Apps may become inaccessible or not function properly. In addition, our Website and Apps may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to analyze data on your use of our Website and Apps (e.g., recording the popularity of certain content and verifying system and server integrity). Our Website and Apps may collect data about the advertisements you have seen or engaged. For more information, see our Cookie Policies.
4. Sources of Information
We collect the personal information identified herein directly from you when you use our Services, through automated means when you are using our Website and Apps, and from third parties. More specifically, we collect personal information from the following sources:
First Party / Direct Collection. We collect personal information directly from you when you use our Services (e.g., registering accounts, completing purchases, signing-up for subscriptions), when you provide a Product Review (as defined below), or whenever you directly engage with us, such as when you visit our offices or premises or otherwise contact us.
Automated Collection. As described above, we may collect information and data, such as usage data and cookies, through automated means when you use our Website and Apps (see “Technical Data” above).
Third-Party Sources. We collect personal information from third parties, such as publicly available databases, social networking providers, advertising companies, our service providers, and third-party references. Examples of the information we receive from other sources include: social media profile information (e.g., your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links).
5. How We Use your Information / Purpose of Collection
We may use the personal information we collect about you in order to perform our Services, comply with our legal obligations, and promote our business interests, including to (i) provide, operate, maintain, improve, and promote our Services, (ii) enable you to access and use our Services, (iii) process and complete transactions, and send you related information, including purchase confirmations and invoices, (iv) send transactional messages (e.g., responses to your comments, questions, and requests) and provide customer service and support for our Services, (v) furnish technical notices, updates, security alerts, and support and administrative messages to you, (vi) provide you promotional and marketing communications (e.g., information about our Services, features, surveys, newsletters, offers, promotions, contests, and events), (vii) process and deliver contest or sweepstakes entries and rewards, (viii) monitor and analyze trends, usage, and activities in connection with our Services to promote our business interests (e.g., marketing), (ix) investigate and prevent fraudulent transactions, unauthorized access to or use of our Services, and other illegal activities, and (x) personalize our Services, including providing features or advertisements that match your interests and preferences. Notwithstanding the foregoing, the Company may collect and use your personal information for any other purpose for which we obtain your consent. For the avoidance of doubt, you hereby agree that the Company may contact you via any means, including SMS/text message and email, to furnish you information regarding a product order, shipping status, and similar data and information pertaining to a commercial transaction.
6. Sharing Information / Third-Party Disclosures
We may share your personal information with certain organizations and third parties in accordance with applicable law, including as set out below. However, we do not share personal information with third parties that we have reason to believe use such information for their own direct marketing purposes.
Affiliates. We may share personal information with, and among, all of our affiliated brands (Bibibop Asian Grill, Charleys Philly Steaks, Lenny’s Grill and Subs) in order to promote and defend our business interests.
Service Providers. We may share your personal information with companies that provide services on our behalf, such as hosting and analyzing our Website and Apps, conducting surveys and marketing on our behalf, processing transactions, and performing analyses to improve the quality of our Services.
Distributors and Business Partners. We may share your personal information with third parties that distribute our goods, products, and marketing materials.
Business Restructuring. Circumstances may arise where for strategic or other business reasons the Company decides to sell, buy, divest, merge or otherwise reorganize our businesses. We may disclose your personal information to the extent reasonably necessary to proceed with the negotiation or with the completion of a merger, acquisition, divestiture or sale of all or a portion of the Company’s assets.
Disclosure for Other Reasons. We may disclose personal information (i) if required by law or government order, or with a legal process, (ii) to protect and defend our rights or property, or (iii) in urgent circumstances, to protect the health and personal safety of any individual. In addition, the Company may disclose your personal information with any third party when we believe such disclosure is necessary to defend or protect our legal, regulatory, or business interests. We may also disclose your information upon your express consent.
In the event that you facilitate a transaction with the Company, or request information from or otherwise engage with us, and such activities require the Company to share your personal information with a service provider or other third party, you hereby consent to such disclosure and/or direct the Company to intentionally disclose your personal information to the service provider or third party, provided the Company has determined, in its reasonable judgment, that either (i) the service provider or third party will not sell the personal information or (ii) disclosing the personal information is required or permitted by law.
7. Social Media
8. Links to Other Websites; Your Direct Third-Party Disclosures
9. Data Retention and Localization
The Company is based in the United States, and the personal information that we collect and process is retained and stored in the United States. The Company uses service providers that store personal information on our behalf in the United States and in other third countries. Please be aware that the United States, and these other third countries, may not provide the same level of protection of personal information as in your country, state, or other jurisdiction of residence or nationality, and when transferred to the United States or elsewhere, your personal information may be accessible by, or otherwise made available to, local government authorities and officials pursuant to judicial and/or administrative orders, decrees, and demands, and/or other domestic laws, statutes, and regulations. By continuing to provide us such information, you hereby consent to your personal information being transferred to, and stored in, the United States and in other third countries.
We seek to protect the security of your personal information and use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. HOWEVER, NO INFORMATION SYSTEM CAN BE FULLY SECURE AND WE CANNOT GUARANTEE THE ABSOLUTE SECURITY OF YOUR PERSONAL INFORMATION. MOREOVER, WE ARE NOT RESPONSIBLE FOR THE SECURITY OF PERSONAL INFORMATION YOU TRANSMIT TO OUR WEBSITE AND APPS OVER NETWORKS THAT WE DO NOT CONTROL, INCLUDING THE INTERNET AND WIRELESS NETWORKS, AND YOU PROVIDE US WITH ANY PERSONAL INFORMATION AND DATA AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DATA INCIDENT OR EVENT THAT MAY COMPROMISE THE CONFIDENTIALITY, INTEGRITY, OR SECURITY OF YOUR PERSONAL INFORMATION. The safety and security of your personal information also depends on you. Where we have given you (or where you have chosen) a username and password to access our Services, you are responsible for maintaining the security and confidentiality of those credentials and not revealing them to others. You must contact us immediately if you have reason to believe that your username or password to our Services has been compromised. You acknowledge and agree that we may contact you via email or other electronic communications in the event we are legally required to notify you of a data security incident or event related to your personal information.
11. No Data Collected from Children
Our Website and Apps are not directed at, nor intended for use by, children. As a result, we will not knowingly collect information from children under sixteen (16) years of age without verified consent from their parents or guardians. If you are under the age of sixteen (16), you are prohibited from accessing or using the Services (including our Website and Apps) or from providing us with your personal information, unless you provide us written and verifiable authorization from your parent or legal guardian permitting you to do so.
12. Product Reviews; Feedback
Our Website and Apps may provide you with the ability to submit a comment on, provide an opinion about, rate, or otherwise discuss our Services (a “Product Review”) or provide other information on our Website and Apps which may be posted to a publicly available portion of our Website and Apps. Any information or content you post in a Product Review will be available to other users of our Website and Apps and may be retrievable by third-party search engines, and third parties may also be able to download or share your Product Review to social media websites or elsewhere. We recommend that you guard your privacy and anonymity and not upload any information in your Product Review that you wish to remain confidential. Any third party with access to your information via our Website and Apps will be permitted to use the information in the same manner as if you submitted the information directly to that third party. Publicly posting any information on our Website and Apps is entirely voluntary on your part, and we recommend you carefully consider the information you choose to make publicly available. You have no obligation to provide us with a Product Review, or any other ideas, suggestions, or proposals (collectively, “Feedback”). However, if you submit Feedback to us, then you hereby grant the Company a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, or publicly perform the Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
13. Your Responsibilities
You are permitted, and hereby agree, to only provide personal information to the Company if such personal information is accurate, reliable, and relevant to our relationship and only to the extent such disclosure will not violate any applicable data protection law, statute, or regulation or infringe upon a person’s data privacy rights or privileges. IF YOU PROVIDE PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO THE COMPANY, YOU EXPRESSLY REPRESENT AND WARRANT TO THE COMPANY THAT YOU HAVE THE FULL RIGHT AND AUTHORITY TO PROVIDE THE COMPANY WITH SUCH PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) AND THAT THE COMPANY’S USE AND PROCESSING OF SUCH PERSONAL INFORMATION AS SET FORTH HEREIN WILL NOT VIOLATE ANY PERSON’S RIGHTS OR PRIVILEGES, INCLUDING RIGHTS TO PRIVACY. YOU HEREBY AGREE TO FULLY AND COMPLETELY INDEMNIFY THE COMPANY, AND ITS AFFILIATES, SUBSIDIARIES, PARTNERS, AGENTS, AND REPRESENTATIVES FOR ANY CLAIMS, HARM, OR DAMAGES THAT MAY ARISE FROM YOUR PROVISION OF PERSONAL INFORMATION (INCLUDING PERSONAL INFORMATION CONCERNING A THIRD PARTY) TO THE COMPANY.
14. Updating Your Information
It is important that the personal information that you provide to us is accurate and reliable. In certain circumstances, you may have the ability to directly edit your account to update and change your personal information (e.g., name, telephone number, email, shipping address), and you must do so when such changes are warranted. If your account does not contain such features, then you must directly notify the Company of any changes or updates to your personal information in accordance with the “Contact Us” section listed below.
15. Email Marketing and Your Rights
You have the right to opt out of receiving email marketing communications from us. Generally, the email marketing communications that you receive from us will provide you an option to “unsubscribe” from receiving future email marketing communications from us. You may also unsubscribe from such email marketing by contacting us in accordance with the “Contact Us” section listed below. You hereby agree to immediately notify the Company, in writing, in the event you no longer own, license, or use an email address to which you subscribed to receive email marketing from us. In certain circumstances, you may have the ability to directly change your marketing preferences within your account profile.
16. California Privacy Rights
Data Privacy Rights. Pursuant to the California Consumer Privacy Act of 2018, as amended (“CCPA”), California residents have additional data privacy rights, including the following:
- The Right to Access: The right to access general categories and/or the specific pieces of personal information we have collected, used, disclosed, or sold about you over the past twelve (12) months, including the personal information we have collected, used, disclosed, or sold about you, the sources from which the personal information was collected, the business or commercial purpose for which your personal information was collected, used, disclosed, or sold, and the third parties with whom we have shared your personal information.
- The Right to Deletion/Erasure: The right to request that we delete/erase your personal information under certain circumstances.
- The Right of Data Portability: The right to request the Company to transfer, to the extent feasible, personal information in certain forms and formats.
- The Right to Nondiscrimination: The right not to be subject to discrimination for asserting your rights under the CCPA.
To exercise any of the CCPA’s data privacy rights set forth herein, please contact us in accordance with the “Contact Us” section listed below. If you would prefer, you may designate an authorized agent to submit a CCPA privacy request on your behalf. An authorized agent must be registered with the California Secretary of State to conduct business in California. For information pertaining to your rights with respect to our financial incentive programs, please see below (“Rewards Programs and Financial Incentives”).
Privacy Request Verification Process. If you (or your authorized agent) makes any request related to your personal information under the CCPA, the Company will ascertain your identity (and the identity of the authorized agent, to the extent applicable) to the degree of certainty required or permitted under the law before addressing your request. the Company will, to the extent required or permitted by law, require you (or your authorized agent) to verify your request via email or other means and match at least two pieces of personal information we have previously collected from you before granting you access to, or erasing, specific pieces or categories of personal information, or otherwise responding to your request. We may require written documentation that demonstrates a third party is authorized to serve as your agent for the purposes of submitting the requests set forth herein, unless you have provided the authorized agent with power of attorney pursuant to California Probate Code §§ 4121 to 4130. None of the CCPA’s rights are absolute and are subject to legal and regulatory exceptions and exemptions. For more information on the CCPA, please see https://oag.ca.gov/privacy/ccpa.
Opt-Out Rights / Do Not Sell My Personal Information. California residents have the right to opt out of the sale of their personal information. The Company does not sell your personal information to third parties for profit or other valuable consideration. In addition, our Website and Apps are not directed at, and should not be used by, minors under the age of sixteen (16), and therefore the Company does not knowingly collect (or sell) the personal information of minors under sixteen (16) years of age.
17. Nevada Privacy Rights
The Company does not currently conduct “sales” of personal information for purposes of Nevada law. Notwithstanding the foregoing, Nevada residents may submit a request directing us to not sell personal information we maintain about them to third parties who will sell or license their information to others. If you would like to exercise this right, please contact us in accordance with the “Contact Us” section listed below.
18. Do-Not-Track Signals
Some web browsers may transmit “do-not-track” signals to the website with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are even aware of them. Unless otherwise required by law, we currently do not take action in response to these signals.
19. Persons with Disabilities
20. Rewards Programs and Financial Incentives
California Rewards Program Rights. Pursuant to the CCPA, you may be entitled to be informed as to why financial incentive programs, or price or service differences, are permitted under the law, including (i) a good-faith estimate of the value of your personal information that forms the basis for offering the financial incentive or price or service difference, and (ii) a description of the method we used to calculate the value of your personal information. Generally, we do not assign monetary or other value to personal information. However, in the event we are required by law to assign such value in the context of Rewards Programs, or price or service differences, we have valued the personal information collected and used as being equal to the value of the discount or financial incentive provided, and the calculation of the value is based upon a practical and good-faith effort often involving (i) the categories of personal information collected (e.g., names, email addresses), (ii) the transferability of such personal information for us and our Rewards Programs, (iii) the discounted price offered, (iv) the volume of consumers enrolled in our Rewards Programs, and (v) the product or service to which the Rewards Programs, or price or service differences, apply. The disclosure of the value described herein is not intended to waive, nor should it be interpreted as a waiver to, our proprietary or business confidential information, including trade secrets, and does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards.
21. SMS Marketing and Your Rights
In the event you participate in our Mobile Messaging Program, you may opt-out of the Program at any time. Please review our Mobile Messaging Program Terms, including information on how to unsubscribe or update your personal information therein and your responsibilities and liabilities related thereto.
22. Employment Applications and Talent Management
23. Events and Video Teleconferencing
The Company hosts and uses video teleconferencing platforms to facilitate conferences, meetings, training events, and other programs. We often use online platforms that are owned and administered by a third-party service provider (e.g., Google, Zoom, WebEx, Skype for Business). Please be aware that our video teleconferencing may record the content, conversations, and discussions thereon, and such records may be stored or retained by our third-party service providers. By participating in our events and video teleconferencing, you hereby consent to the collection and retention of any information provided therein, and you hereby consent to the recording of such activities.
24. Changes to the Policy
25. Contact Us