PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective Date: December 31, 2019

This Privacy Notice for California Residents supplements the information contained in the Lettuce Entertain You Enterprises, Inc. (“LEYE”) Privacy Notice that this is attached to and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) in effect as of the Effective Date shown above and any terms defined in the CCPA have the same meaning when used in this notice. We may update this Privacy Notice for California Residents as necessary and in the event of changes in the CCPA. Note that this notice does not apply to our team members. Please contact your store manager or other supervisory personnel if you are a team member and would like additional information about how we process your Personal Information.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”) when you use our Website or Mobile Application or when you participate in the Lettuce Frequent Diner Program. Within the past 12 months from the Effective Date of this Privacy Notice for California Residents, LEYE has collected, through its restaurants, Website, and Mobile Application and through the Lettuce Frequent Diner Program the following categories of personal information from its guests (consumers) (note that we may not collect all of the examples listed below):

Category

Examples

Identifiers

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

Personal information categories listed in the California Customer Records statute

A name, signature, address, telephone number, bank account number (for catering orders), credit card number, or debit card number. Some personal information included in this category may overlap with other categories.

Protected classification characteristics under California or federal law

Age (40 years or older) (through date of birth) or sex (including gender and gender identity).

Commercial information

Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Internet or other similar network activity

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

Geolocation data

Physical location or movements.

Sensory data

Audio, electronic, visual, thermal, olfactory, or similar information (including Closed Circuit TV information).

Inferences drawn from other personal information

Profile reflecting a person’s preferences.

Personal information does not include information that is: (a) publicly available information from government records; (b) deidentified or aggregated consumer information; or (c) information excluded from the CCPA’s scope, like: (i) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and (ii) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

LEYE obtains the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or from orders you place for our menu items and services at LEYE restaurants;
  • Indirectly from you. For example, from observing your actions on our Website, when you use the Mobile Application, or visit one of our restaurants;
  • From third party service providers that we use to support our business, including those that help us process online orders or manage the Lettuce Frequent Diner Program;
  • From third party meal delivery services;
  • From third party service providers who provide us with information regarding consumers who may have an interest in our menu items and services; and
  • Any other sources specified in our Privacy Notice.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business or commercial purposes:

  • To fulfill or meet the reason you provided the information. For example: if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry; if you provide your personal information to order menu items (whether through our Website, through our Mobile Application, or in one of our restaurants), we will use that information to process your payment and facilitate fulfilling your order. We may also save your information when you participate in the Lettuce Frequent Diner Program and to facilitate new orders;
  • To provide, support, personalize, and develop our Website, Mobile Application, menu items, and services;
  • To create, maintain, customize, and secure your Lettuce Frequent Diner Program or other online ordering account with us;
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud;
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our services;
  • To personalize your Website and Mobile Application experience and to deliver content and offers on menu items and services relevant to your interests, including targeted offers and ads as a result of your participation in the Lettuce Frequent Diner Program or otherwise through our Website, Mobile Application, third-party sites, and via email or text message (with your consent, where required by law);
  • To help maintain the safety, security, and integrity of our Website, Mobile Application, restaurants, products and services, databases and other technology assets, and business;
  • For testing, research, analysis, and menu item development, including to develop and improve our Website, Mobile Application, menu items, and services;
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA;
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of LEYE’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by LEYE about our restaurant guests (including Lettuce Frequent Diner Program members) are among the assets transferred; and
  • Any other purpose described in our Privacy Notice.

LEYE will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We do not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate your personal information to another organization for monetary or other valuable consideration. However, LEYE may disclose your personal information to a third party for one or more business purposes. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and to not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

  • Service providers.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, LEYE has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category F: Internet or other similar network activity.

Category G: Geolocation data.

Category H: Sensory data.

Category K: Inferences drawn from above.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers.

Sales of Personal Information

In the twelve (12) months preceding the effective date of this Privacy Notice for California Residents, LEYE had not sold personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that LEYE 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 (see Exercising Access, Data Portability, and Deletion Rights), 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.

Deletion Request Rights

You have the right to request that LEYE 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 (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. 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.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  6. 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.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, if you have an account, you may also exercise some of the above rights through our Mobile Application.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us (including a Lettuce Frequent Diner Program account or other online ordering account), we will deliver our written response to the contact information you provided in that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal Information Sales Opt-Out and Opt-In Rights

We do not sell the personal information of consumers and therefore do not provide any opt-in or opt-out capabilities on our website or otherwise.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not, solely as a result of your exercise of your rights under the CCPA:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. However, we will continue to offer you discounts and other benefits if you choose to participate in the Lettuce Frequent Diner Program.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

You may voluntarily participate in our Lettuce Frequent Diner Program. If you elect to participate, we may collect certain personal information about you as described in this Privacy Notice for California Residents or our general LEYE Privacy Notice. As part of your participation in the Lettuce Frequent Diner Program, we may from time to time provide you with certain offers for menu items, which may result in different prices for certain menu items. You may find out more about the specific terms of your participation in the Lettuce Frequent Diner Program in our Mobile Application or on our Website.

Shine the Light Law

California Civil Code Section § 1798.83 permits users of our Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to us at privacy@leye.com or write to us at the address specified below.