Last Updated: May 22, 2020
Super Food Holdings. and its affiliates (“we,” “us,” “our,”) care about your privacy. Our Privacy Statement is intended to describe how we collect and use your personal information. This Privacy Statement applies to information we collect through our websites and our mobile application (“App”) as well as any information collected in any of our restaurants or via social media (together, the “Services”). (Our website and App are collectively referred to as, the “Sites” and each, a “Site.”).
By “Personal Information,” we mean information that relates to an identified or identifiable individual or household.
1. How We Collect and Use Personal Information
2. Business or Commercial Purposes for Collecting and Using Information
3. Disclosure of Your Information to Third Parties
4. Cookies and Related Technologies
5. Choice and Access
6. Notice Concerning Do Not Track
8. Protecting Children's Privacy
9. International Users
10. Data Subject Rights
11. Additional Privacy Rights in California
12. Contact Us
1. HOW WE COLLECT AND USE INFORMATION.
We collect and use personal information in a number of ways, depending on how you interact with us. These include when you interact with our Online Services, dine at one of our restaurants, contact us, interact with us on social media, enter a contest or sweepstakes, or complete one of our polls or surveys. We may combine information that we collect from you from different means online as well as offline (or through the App) into one customer database, and use that information in order to communicate with you and to determine whether and what information and offers to send to you.
a. Information You Provide Us When You Use Our Online Services including website, app, online ordering and others.
In general, you can visit one of our websites or download our App without telling us who you are or providing us with any information. However, certain information is automatically collected about your device and how your device interacts with our web sites or applications. This information includes:
Service Use Data.
We collect data about the features you use, the emails and advertisements you view, the products you consider and purchase, the date and time you access the Web Sites or Applications, the pages you access while using the Web Sites or Applications, and the internet address of the web sites, if any, from which you linked directly to the Web Sites or Applications, and other similar information.
Device Connectivity and Configuration Data.
We collect data about the type of device you use, the operating system and browser you use, your internet service provider, your device's regional and language settings, and other similar information. This data also includes IP address, MAC address, device advertising Id (e.g., IDFA or AAID), and other device identifiers.
We collect data about your device's location, which can be precise (e.g., latitude/longitude data) or imprecise (e.g., location derived from an IP address or data that indicates a city or postal code level).
A log file is a file that records events that occur in connection with your use of the Web Sites and Applications, such as IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps, and related data.
Types of cookies and tags on our Web Sites and Applications include:
Functionality: Used to remember your preferences and for facilitating transactions such as purchases.
Performance or Analytics: Used to measure site activity to improve user experience.
Targeting: Used to display information and offers that specifically interest you.
We use Local Storage, such as HTML5 storage, to store information related to whether the user has chosen to "Remain Logged In" as well as tokens if other services are used. We may partner with other entities to provide certain features on our Web Sites and Applications or to display advertising based upon your web browsing activity use Local Storage such as HTML 5 storage to collect and store information. Various browsers may offer their own management tools for removing HTML5 Local Storage.
GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location.
In-App Tracking Methods
There are a variety of tracking technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device advertising Id or other device identifiers to associate app user activity to a particular app and to track user activity across apps.
We may incorporate tracking technologies into our emails, texts, Web Sites, or Applications, as well as into our ads. Some of these tracking technologies may track your activities across time and services for purposes of associating the different devices you use and delivering relevant ads and/or other content to you.
Additionally our Sites offer certain features or services, including but not limited to our Loyalty Program enrollment, online food ordering, and gift card purchases (collectively, “Online Services”) that require you to share certain information that identifies you to us or our service providers (“Providers”). Some Services require you to disclose certain types of Personal Information while making the disclosure of other types of information optional. You may also be asked to generate a username and password for future access to an account related to your use of Services.
If you order food on our Sites, you will be redirected to the site of one of our Providers and, if you choose to pay on that site, you will be asked for information related to that transaction, including your credit card number, its expiration date and security code, and your zip code (“Credit Card Information”). If you wish to use the pay by mobile function online or in one of our restaurants, you will be asked to add your Credit Card Information to your account profile in the App.
Information you may provide us and our Providers when you use our Online Services includes:
o Identifiers, such as your name, address, email address, phone number, date of birth, Credit Card Information, and Loyalty account log-in information.
o Characteristics of protected classifications under California or federal law, such as your age and sex;
o Commercial information, such as your purchases and transaction history; and
o Order information and preferences.
b. Information We Collect at Our Restaurants, and Through Online Ordering: In general, you can dine at one of our restaurants without providing us with Personal Information. If you pay using your payment card, your payment card information, which may include your name, will be processed by our Provider. We typically do not receive your payment card number, but instead receive from our Provider a token associating your payment with a particular transaction and sometimes your name. When you order online or by telephone, we may request your name and address. In addition to payments, at some of our restaurants, you may participate in surveys or provide other feedback at the restaurant. In some cases, you may be asked to provide your email address (or other contact information) as well as your feedback or survey responses. Survey response information typically is provided directly to our Provider; however, it may also be integrated within our customer database.
Information you may provide us and our Providers at our restaurants includes:
o Identifiers, such as your name, address, email address, phone number, and Credit Card Information;
o Information about your orders and dining experience; and
o Your feedback and responses to our surveys, which may include your opinions, preferences, food choices, and other information you provide us.
c. Information We Collect When You Contact Us
When you contact us, we may collect your name, email address and phone number. In addition, we may collect information about your dining experience, orders, and other information you provide us. Information you may provide us and our Providers when you contact us includes:
o Identifiers, such as your name, email address, and phone number; and
o Information about your orders and dining experience; and
o Other information you provide to us.
d. Social Networking Information
Our Web Sites and Applications may include social media features. These social media features may use tracking technologies to collect information about you, such as your IP address, which page you are visiting on the Web Sites or Applications, and may set a cookie to enable the social media feature to function properly. If you use social media features, information you post or provide access to may be publicly displayed on our Web Sites and Applications or by the social network you use which is a separate entity.
Similarly, if you post information on a social network that references our Web Sites and Application may be able to post information about yourself and/or your experiences with us through various social media websites (e.g., Facebook, Twitter, Instagram), including for purposes of entering any contest or sweepstakes. Remember that any information you post will become publicly available, so please use discretion. We may ask you to share information about you stored on social networks and other third-party services in order to personalize your experience on the Site. This information may include:
o Identifiers, such as your username or ID and email address; and
o Interests, activities, and relationships to other users of the Sites or of social media.
e. Contact Information for Text Messaging, Email Newsletters, Emails and/or Mobile Offers
From time to time, we send text messages, newsletters, emails, push notifications, and/or other communications to share information or special offers about the Sites, the Online Services, contests and sweepstakes, special events, or our restaurants. If you have registered with any of our Sites, you are likely to receive such communications. Personal Information we collect for these purposes may include:
o Identifiers, such as your email address or phone number.
If you provide us with your mobile number and elect to do so, you may receive text notifications also known as SMS, MMS or RCS Messages as well. Message frequency will vary. Message and data rates apply. Reply STOP to 205-839-6828 to cancel, HELP to 205-839-6828 for help. You agree to receive a final text message confirming your opt-out. Consent is not required to purchase our goods or services. You agree to provide us with a valid mobile number. You agree to notify us of any changes to your mobile phone number. Remember, if you elect to receive texts from us, your wireless carrier may impose a charge on inbound and outbound text messages. Please check with your wireless carrier for details. We reserve the right to change the phone number from which messages are sent.
You may opt out of receiving promotional email communications from us by modifying your email preferences in your account profile or by following the instructions or links contained in the communications when we send them to you. You may opt out of receiving text messages by following the instructions in the text message. You may opt out of receiving push notifications on your mobile device by adjusting your notifications settings. Please note that if you opt out of receiving promotional communications, you may still receive transactional communications from us, including emails about your account or your purchases.
f. Entry Information for Contests or Sweepstakes
From time to time, we may operate contests, sweepstakes or other promotions through our Site, our social media outlets, or in our restaurants, which may require registration on a Site or in our Loyalty Program in order to enter. The Personal Information that may be collected in an entry or similar form includes:
o Identifiers, such as your first name, last name, zip code, phone number, and email address;
o Characteristics of protected classifications under California or federal law, such as your age and sex.
Your entry in the contest or sweepstakes may also result in your being added to our mailing/texting lists. Winners of contests, sweepstakes, and/or promotions will often be required to provide additional Personal Information in order to authenticate themselves and collect a prize. Entry into a contest or sweepstakes or acceptance of a prize may also require you (unless prohibited by law) to allow us to post publicly some of your information on the Site or our promotional materials, such as on a winner's page, in the event you win a contest or sweepstakes. We may use your Personal Information to contact you for winner notification, prize delivery confirmation, or other promotional purposes.
g. Information Collected for Online Surveys
From time-to-time, we may request Personal Information from you via online surveys or voting polls. Most surveys will be anonymous and will not request your Personal Information. However, at times, you may have to register to vote or to take part in a survey. All survey participation is, of course, voluntary, and you will be able to decide what information to provide. Personal Information we collect may include:
o Identifiers, such as your name and email address;
o Responses to our surveys or polls, which may include your opinions, preferences, food choices, and other information you provide us.
h. Information Collected through Automated Means
When you use the Online Services, we collect certain internet or other electronic network activity information automatically as described in this section. As discussed earlier and further below, we and our Providers may use a variety of technologies to assist in collecting this information.
Activity and Usage Information: We may collect information on your use of the Services, such as pages visited, links clicked, and non-sensitive text entered, as well as information such as the referring URL, browser, operating system, device type, and Internet Protocol (“IP”) address. An IP address is a number that is automatically assigned to your computer whenever you access the internet. Our computers identify your computer by its IP address. When you request web pages from a Site, our computers automatically log your IP address.
Location Information: If you are using our App and have location services enabled on your device, we may collect geo-location information about the location of your device, including GPS location, for purposes of improving our Services, providing you with information regarding restaurants near you, providing you with offers, enabling you to remote order and pay for our products, or delivering products or having products delivered by a Provider. Depending on the settings on your device, we may receive location information even if you are not directly interacting with the App. If you do not wish to share this information with us, you can adjust your locations settings or turn them off for our App. Our App links to our Provider, which may share location information with us. Information we receive from Providers is used for the same purposes we describe herein.
2. BUSINESS OR COMMERCIAL PURPOSES FOR COLLECTING AND USING INFORMATION.
We collect and use Personal Information to provide our services to you, fulfill contracts, comply with laws and for our other legitimate business interests. Our purposes for collecting and using this information include:
o to provide you with our Services.
o to improve the Sites, the Services, and your experience with the Sites and Services.
o Complying with legal or regulatory obligations or in response to law enforcement requests.
o for our everyday business purposes – such as to process your transactions relating the Services, we provide you, communicate with you, manage records, respond to court orders and legal investigations, and administer and provide services to you.
o As necessary or appropriate to protect the rights, property or safety of us, our clients or others;
o To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business;
o For our marketing purposes – to offer our Services to you, to improve and customize our Services for you and to understand how our Services are used. We may use your Personal Information to locate you via social media for marketing purposes.
o To send you information about third-party products and services that we think you may find of interest;
o To provide, support, personalize, and develop our Services;
o to operate and maintain the Sites; and as otherwise described to you when collecting your Personal Information.
3. DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES.
We may disclose your Personal Information to third parties for commercial or business purposes, such as when (I) you request or authorize it; (ii) the information is provided to help complete a transaction for you; (iii) if we conclude that we are required by law or have a good faith belief that access, preservation, or disclosure of such information is reasonably necessary to protect the rights, property, or safety of our Company, its customers, or the public; (iv) in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or capital, including in connection with any bankruptcy or similar proceedings. We may also contract with other companies and individuals to perform certain functions and services, including processing, storing, tracking, and organizing information on our behalf. These service providers may have access to Personal Information to perform their functions but are prohibited from using Personal Information for any purpose other than providing services to us. We may also disclose your information to our Providers for the purposes described in this Privacy Statement (e.g., analyzing data, providing marketing assistance, providing customer service, processing orders, etc.).
If you place a food order for delivery, we may use your personal information, including location information or provide such information to one of our delivery Providers to complete the delivery order.
In the preceding 12 months, we have not sold any Personal Information to third parties.
4. COOKIES AND RELATED TECHNOLOGIES.
A cookie is a text file that our Site transfers to your computer's hard drive for record-keeping purposes and to enhance the quality of your visit to our Site. The cookie assigns a random, unique number to your computer. Our cookie may record "clickstream" information (data reporting the URLs or names of the pages on our Site that you have visited) and other useful information about your interaction with our Site.
Cookies on our Sites are generally divided into the following categories:
o Essential Cookies: These cookies are strictly necessary to provide you with services available through our Services and to use some of their features, such as access to secure areas. Because these cookies are strictly necessary to deliver the Services, you cannot refuse them without impacting how our Services function.
o Performance and Functionality Cookies: These cookies are used to enhance the performance and functionality of our Services but are non-essential to their use. However, without these cookies, certain functionality may become unavailable.
o Analytics and Customization Cookies: These cookies collect information that is used to help us understand how our Services are being used or how effective our marketing campaigns are, or to help us customize our Services for you in order to enhance your experience.
o Targeting Cookies: These record your visit to our Sites, the pages you have visited and the links you have followed to recognize you as a previous visitor and to track your activity on the Sites and other websites you visit. These cookies qualify as persistent cookies, because they remain on your device for us to use during a next visit to our Sites. You can delete these cookies via your browser settings. See below for further details on how you can control third-party targeting cookies.
If you wish to control cookies, you can review your Internet browser settings, typically under the sections “Help” or “Internet Options,” to exercise choices you have for certain cookies. If you disable or delete certain cookies in your settings, you may not be able to use features of the Sites.
The opt-outs described above are device- and browser-specific and may not work on all devices. If you choose to opt-out through any of these opt-out tools, this does not mean you will cease to see advertising. Rather, the ads you see will just not be based on your interests.
5. CHOICE AND ACCESS.
If you do not wish to receive offers or other notices from us in the future, you can “opt out” by contacting us as indicated at the end of this Privacy Statement or by following the procedures stated in any communication.
6. NOTICE CONCERNING DO NOT TRACK AND BEHAVIOURAL ADVERTISING.
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser initiated DNT signals.
We may use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You may be able to opt out of targeted advertising by using the third-party links below:
– Google: https://www.google.com/settings/ads/anonymous
– Facebook: https://www.facebook.com/settings/?tab=ads
– Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
Additionally, you may be able to opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/ .
We take the security of your information seriously. We use technical and administrative security measures designed to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to data centers, and information access authorization controls.
While we have implemented security measures, please keep in mind that “100% security” does not exist on the internet or elsewhere and no transmission of information is guaranteed to be completely secure. Unauthorized entry or use, hardware or software failure, and other factors may compromise data security.
You are also responsible for maintaining the confidentiality and security of any member name and password you use in connection with the Sites. If you believe that your account information is being used in an unauthorized fashion, you must contact us immediately.
8. PROTECTING CHILDREN'S PRIVACY.
We do not publish names, ages, or images of anyone under 13 without first receiving parental or guardian consent.
If you have knowledge that a child under the age of 13 has submitted Personal Information to us or if parents or guardians want to review, change or delete their child's registration information, simply contact us via email, by clicking on the link on the registration page or as indicated at the end of this Privacy Statement. Parents can also telephone us at 844-775-8423. Parents will be required to provide verification in order to access or change information.
9. INTERNATIONAL USERS.
This Site is operated from the United States. By providing information to us through the Sites, you authorize us to transfer, store, and process your information in the United States and in accordance with this Privacy Statement.
10. DATA SUBJECT RIGHTS.
Depending on your residency, you may have certain data subject rights. These rights vary by state and country, but they include the right to: (i) request additional disclosures about the Personal Information we collect, use, and disclose, i.e., a “Request to Know (Categories of Information)”; (ii) obtain a copy of Personal Information, i.e., a “Request to Know (Specific Pieces of Information),” sometimes called the Right to Access; (iii) request deletion of Personal Information, i.e., a “Request to Delete Information,” sometimes called the Right to Be Forgotten; (iii) opt out of the sale of Personal Information if we were to sell Personal Information, i.e., a “Request to opt out.” We do not sell your information, so you are already opted-out of such sales. We will not discriminate against you for exercising any of these rights, for example, by charging a different price or denying goods or services. However, we may charge a different price or rate or provide a different level or quality of goods or services when that difference is reasonably related to the value provided to us by the data.
How to Exercise Data Subject Rights
If you wish to exercise any of these rights, please email us at email@example.com with the phrase “California Data Subject Rights” in the subject line. You may also call us toll-free at 1-844-775-8423. We will review your requests and respond accordingly. The rights described herein are not absolute and we reserve all of our rights available to us at law in this regard. Additionally, if we retain your Personal Information only in de-identified form, we will not attempt to re-identify your data in response to a Data Subject Rights request.
If you make a request related to Personal Information about you, we will need to verify your identity. To do so, we will request that you match specific pieces of information you have provided us previously, as well as, in some instances, provide a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If it is necessary to collect additional information from you, we will use the information only for verification purposes and will delete it as soon as practicable after complying the request. For requests related to particularly sensitive information, we may require additional proof of identification.
If you make a Data Subject Rights request through an authorized agent, we will require written proof that the agent is authorized to act on your behalf.
We will process your request within the time provided by applicable law.
11. ADDITIONAL PRIVACY RIGHTS IN CALIFORNIA.
If you are a California resident, you have the right to request information about how we share certain categories of personal information with third parties. California law gives you the right to send us a request at a designated address to receive the following information:
o Categories of information we disclose to third parties for their direct marketing purposes during the preceding calendar year.
o Names and addresses of the third parties that received that information; and, if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
We may provide this information in a standard format that is not specific to you. The designated email address for these requests is firstname.lastname@example.org
12. CONTACT US.