Privacy Policy

TIJUANA FLATS’ PRIVACY POLICY

Effective: October 28, 2019

Tijuana Flats Restaurants, LLC (“Tijuana Flats”) values the privacy and security of all visitors to our website and protecting the privacy and security of visitors’ personal information is important to us. Please carefully read this Privacy Policy so that you understand the types of personal information we collect, what we do with the personal information we collect on the website, social media, email exchanges, mobile apps, and other online services on which it is posted, and with whom we may share it with (“the Service”), and please note that Tijuana Flats may use the mark SMACK WINGS to provide the Service in certain jurisdictions, that SMACK WINGS is a registered mark and not a separate company, and this Privacy Policy applies to any information you provide to Tijuana Flats, even if using the name SMACK WINGS.

We may obtain certain personal information from you through the Service, including but not limited to participation in on-line surveys, activities that require online registration (for example Tijuana Flats’ E-Club), fundraisers, online ordering, use of “contact us” and comment features, purchases of Tijuana Flats’ products and gift cards, participation in sweepstakes and contests, and participating in special promotions.

Please understand that we use third-party services, vendors or providers to operate much of the Service, including but not limited to those parts of the website concerning the E-Club, Careers, On-Line Ordering, Catering, On-Line Retail, and Gift Cards. We do not make any representations as to how these third-party services, vendors or providers may use the information you may provide to them by using any of the functionalities of our Service. Accordingly, you must visit the websites of these third-party services, vendors or providers and read their respective privacy policies to understand how your information may be used by them. Your continued use of any functionality of our Service provided by any third-party service, vendor or provider will constitute your consent to their practices. Please see the section on Third Parties below for greater detail.

By visiting or otherwise using the Service, you agree to our Terms and Conditions which are incorporated herein by reference. You further agree and consent to our collection, use, and disclosure practices and other activities as described in this Privacy Policy, and any additional privacy notices that may be posted on an applicable part of the Service. If you do not agree and consent with these terms and policies, please discontinue use of the Service, and uninstall Service downloads and applications.

INFORMATION COLLECTED

Information we, our service providers or third-party services may collect includes but is not limited to: (1) personally identifiable information, which is information that identifies you personally, such for example as your first and last name, e-mail address, phone number, address, date of birth, credit card numbers, full payment account number and other financial account and billing address information, username and passwords to access company products and services online, as well as information about your education, work and military history, legal work eligibility status, and other information you may provide in connection with an applications for employment or employment inquiries made online (“Personal Information”); and (2) non-personal information, such as (to the extent permitted by applicable law) your gender, age, interests, recent and upcoming purchases, online ordering history, and account balances (“non-Personal Information”). We, our service providers, and third-party services may also automatically collect certain information when you access or use the Service including but not limited to usage information such as cookies and log files, which may include IP address, device identifier and characteristics, browser type, operating system, information about your use of the Service referring to URLs, information regarding actions on our website and dates and times of visits, and data regarding network connected hardware (e.g., computer or mobile device) (“Usage Information”).

Except to the extent required by applicable law, we do not consider Usage Information to be Personal Information. In addition, Personal Information once “de-identified” (i.e., when the personal identifiers have been removed from data to make it no longer personally identifiable) is also non-Personal Information and may be used and shared without obligation to you, except as prohibited by applicable law.

If you use Service features operated by third-party social networking services (such as Twitter, Facebook or Instagram), we may receive information you have made available to those services, including the geographic location of your mobile device and other information about you (such as name, email address, gender, locale, time zone, languages, social media profile URL, personal website URL, biographical information, birthday, photo, list of devices, education history, work history, hometown, interests, current city, political views, favorite athlete and teams, relationship status and information, religion, name of significant other, and certain security se[ngs information) and your contacts on those services. Some of these social networking services allow you to push content from our Service to your contacts or to pull information about your contacts so you can connect with them on our Service. Some of these services also will facilitate your registration for our Service or enhance or personalize your experience on our Service

You may see certain ads on other websites based on your visits to our Service because we participate in advertising networks administered by third-party vendors. Ad networks allow us to target our messaging to users through demographic, interest-based and contextual means. These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs and web beacons. The networks use this information to show you advertisements that are tailored to your individual interests. The information our ad network vendors collect includes information about your visits to websites that participate in the vendors’ advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on our Service and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts.

Sometimes third parties unaffiliated with us may conduct marketing campaigns where they offer gift cards to our restaurants, which they have purchased separately, as inducements to enroll in their programs, complete surveys or take other actions. In such cases, requests directed to us to opt out of further communications will not be effective, as we have no control over the activities of such third parties.

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USE AND SHARING OF PERSONAL INFORMATION

Tijuana Flats will not sell, rent, trade, lease, or disclose your Personal Information that Tijuana Flats collect on the Service for unaffiliated third parties’ direct marketing purposes. Tijuana Flats, however, may provide non-Personal Information to third parties and we may disclose your Personal Information (i) when required by law, when we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, court order or legal process, or to comply with legally mandated reporting or disclosure requirements; (ii) with your consent; (iii) as permitted by applicable law not inconsistent with this Privacy Policy or any privacy statements we make at the point of collection, and (iv) as disclosed in this Privacy Policy.

Our use of your Personal Information and non-Personal Information includes, but is not limited to the following purposes:

Statistical purposes, service troubleshooting, and developing, manufacturing and marketing products and services incorporating such information;

allow you to participate in the features we offer on the Service;

create and manage your account;

facilitate, manage, personalize, and improve your online experience;

process your registration or upload your User Generated Content (“UGC”).

transact and communicate with you, provide services or information you request, respond to your comments, questions and requests, serve you content or advertising, and send you notices;

send marketing for our and our affiliates’ marketing and other business purposes;

improve the Service and for any other internal business and marketing purposes;

tailor our content, advertisements, and offers;

perform data analysis and other processing (including market and consumer research, trend analysis, financial analysis, anonymization, encryption and tokenization or personal information);

fulfill other purposes disclosed at the time you provide the information or otherwise where we are legally permitted purpose or are required to do so;

determine your location for purposes such as helping you find a local Tijuana Flats location and to send you locally relevant offers and coupons;

protect against and address fraud, breach of policies or terms, and threats of harm, claims or other liabilities;

comply with and enforce applicable legal requirements, relevant industry standards and our policies;

communicate about, and administer your participation in special events, programs, surveys, contexts, sweepstakes, fundraising, and other offers and promotions; and

manage your application for employment with the company and contact you in connection with potential employment opportunities; and process and collect payments for gift cards or other company products or services.

Also, be aware that when you choose to share information with others, including when you post UGC on the Service, it is not private and may be seen and shared by others.

How We Protect Personal Information

Tijuana Flats takes reasonable and appropriate precaution to protect user information. We maintain administrative, technical and physical safeguards designed to protect the Personal Information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, Tijuana Flats cautions that no network is entirely secure.

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THIRD PARTIES

The Service includes hyperlinks to, or include on or in connection with, the Service (e.g., apps and plug-ins), websites, locations, platforms, applications or services operated by third parties (“third-party service(s)”) to administer and manage, for example, 1) gift card purchases, 2) online ordering, 3) the E-Club, 4) employment applications and other career communications, and 4) catering requests and transactions. Some of these third-party services may be licensees or service providers that operate services that interact with our Service, and may include our brand name on them. Others may not use our branding. Either way, we are in no way responsible for their services and their data practices. These third-party services may use their own cookies, web beacons, and other tracking technology to independently collect information about you and may solicit Personal Information from you. We are not responsible for the content of any websites, apps, plug-ins, locations, platforms, applications or services that are not affiliated with Tijuana Flats or for any use of those websites, or for the privacy practices of those websites. Furthermore, Tijuana Flats is not responsible for the privacy practices of such other sites or third-party social media platforms that we may use. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website or third-party social medical platform that collects personally identifiable information. This privacy statement applies solely to Tijuana Flats. Furthermore, we agree to their terms and conditions when we use these third-party services. Again, you should consult these third-party services’ privacy policies and terms of use before using them. We are not responsible for any third-party service, including but not limited to OLO, Paypal, PlanSource, Buy-a-Tab, Match-Up, Fishbowl, Facebook, Twitter, and Instagram.

Certain functionalities on the Service permit interactions that you initiate between the Service and certain third-party services, such as third-party social networks (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a third-party service; “liking” or “sharing” our content; logging in to the Service using your third-party service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a third-party service (e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other third-party services, the information you post or provide access to may be publicly displayed on the Service or by the third- party service that you use. Similarly, if you post information on a third-party service that references the Service (e.g., by using a hashtag associated with us in a tweet or status update), your post may be used on or in connection with the Service or otherwise by us. Also, both we and the third party may have access to certain information about you and your use of the Service and any third- party service.

To the extent, we utilize social networking sites and third-party social media platforms (e.g. Facebook and Instagram) for administration and application of our sweepstakes, promotions, and other services, we agree to the terms and conditions of use of such social network and third-party sites. The Personal Information and non-Personal Information you share with us through these platforms may also be shared with them. You should make sure you understand the information your third-party social networking services may make available to our Service. We may use and disclose the personal information we receive on our Service through third-party social networking services as described in this Privacy Notice. You should make sure you understand the information your third-party social networking services may make available to our Service. We may use and disclose the personal information we receive on our Service through third-party social networking services as described in this Privacy Policy. In addition, we use information collected online through cookies, local shared objects (also known as “Flash cookies”), web beacons and other automated means for purposes such as: (i) customizing our users’ visits to our Service, (ii) delivering content (including advertising) tailored to our users’ interests; and the manner in which our users browse our Service, and (iii) managing our business.

We may supplement data we collect through automated means with information about your location (such as your zip code) to provide you with content that may be of interest to you. We may engage and work with service providers and other third parties to serve advertisements on the Service or on third-party services. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-Based Advertising”), which may include sending you an ad on a third-party service after you have left the Service (i.e., “retargeting”). We may use service providers for analytics services such as, without limitation, Google Analytics. These analytics services may use cookies and other tracking technologies to help us analyze Service users and how they use the Service. Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these service providers may use this information for purposes such as evaluating your use of the Service, compiling statistic reports on the Service’s activity, and providing other services relating to Service activity and other internet usage. We may combine information we collect from you with information we receive from third parties and use it for the purposes described in this Privacy Policy.

At times, we may be working with third-party companies to support the technical operation of the Service or to execute a specific promotion or program, for example to administer sweepstakes and other promotions or to permit the submission and administration of applications for or inquiries about employment opportunities at Tijuana Flats. If the information is to be shared with any third party for the purposes of executing a specific promotion or program, the details will be clearly communicated in the program’s rules, and the third party will have no right to use the Personal Information except as necessary to perform services on our behalf or comply with legal requirements.

To the extent we combine Personal Information from service providers, third-party services, or other third parties with Personal Information we have ourselves collect via the Service, we will treat the combined information as our collected Personal Information under this Privacy Policy. Beyond this, Personal Information obtained by us from a third party, even in association with the Service, is not subject to this Privacy Policy, Instead, the information collected, stored, and shared by third parties remains subject to their privacy policies and practices, including whether they continue to share information with us, the types of information shared, and your choices on what is visible to others on third-party services. To be clear, we are not responsible for and makes no representations regarding the policies or business practices of any third parties, including, without limitation, analytics service providers and third-party services associated with the Service, and we encourage you to familiarize yourself with and consult their privacy policies and terms of use. See Your Choices for more on certain choices offered by some third parties regarding their data collection and use, including regarding Interest-based Advertising and analytics.

CHILDREN’S PRIVACY

The Service is intended for a general audience and not directed to children under 13 years of age. IF YOU ARE UNDER THE AGE OF 13 YOU ARE NOT AUTHORIZED TO USE THE SERVICE. We do not intend to collect personal information as defined by the U.S. Children’s Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA.

We take seriously our obligations under the COPPA. The Services are not targeted to children under the age of 13 and we do not knowingly collect personal information from children under the age of thirteen on our Site. Parents should be aware that information that is voluntarily given by children or others in chat sessions, email exchanges, bulletin boards, social media sites or the like may be used by other parties to generate unsolicited email or other contacts. We encourage all parents to instruct their children in the safe and responsible use of the Internet.

If you are a parent or guardian and believe we have collected Personal Information on a children under 13 years of age in a manner not permitted by COPPA, please contact us at the below e-mail address and we will remove such data to the extent required by COPPA.

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YOUR CHOICES

Website Usage. On the website, we may collect information about your online activities for use in providing you with advertising about products and services tailored to your individual interests. This section of our Privacy Notice provides details and explains how to exercise your choices. You may see certain ads on other websites based on your visits to our Services because we participate in advertising networks administered by third-party vendors. Ad networks allow us to target our messaging to users through demographic, interest-based and contextual means. These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs and web beacons. The networks use this information to show you advertisements that are tailored to your individual interests. The information our ad network vendors collect includes information about your visits to websites that participate in the vendors’ advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on these Services and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts. Sometimes third parties unaffiliated with us may conduct marketing campaigns where they offer gift cards to our restaurants, which they have purchased separately, as inducements to enroll in their programs, complete surveys or take other actions. In such cases, requests directed to us to opt out of further communications will not be effective, as we have no control over the activities of such third parties. To learn more about how to opt out of ad network interest-based advertising, please see the following sections below:

Tracking Technologies Generally. Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other tracking technologies. For information on disabling Flash cookies, go to Adobe’s website guidance on disabling third-party local shared objects. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based tracking technologies is subject to your browser settings and limitations. App-related tracking technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or device manufacturer. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Consequently, we do not take actions to respond to automated “Do Not Track” signals at the current time like many other online services. Some third parties, however, may offer you choices regarding their tracking technologies. To determine whether any of the third-party services we use honor the “Do Not Track” requests, please read their privacy policies. We are not responsible for the completeness or accuracy of third-party choice notices or mechanisms.

Analytics and Advertising Tracking Technologies. You may exercise choices regarding the use of cookies from Google Analytics by downloading the Google Analytics Opt-out Browser Add-on. You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and our partners may participate in the Digital Advertising Alliance’s (“DAA”) Self- Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit the Digital Advertising Alliance Consumer Choice Page, and Digital Advertising Alliance App Choices page for information on the DAA’s opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see Network Advertising Initiative Consumer Opt-Out page. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content or ads from other ad networks. Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use of a different device or web browsers or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. We support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising. We are not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

Mobile Apps. If you download or use any of our mobile apps (“apps”), and you agree to share your location information with us or receive push notifications from us, we will use your location information to send you customized notices, offers, and coupons. You can stop all collection of data generated by use of the app by uninstalling the app. Also, you may be able to exercise specific privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device.

Communications. You can opt out of receiving certain promotional communications from us, including emails and text messaging, at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account; and (ii) for text messages, following the instructions provided in text messages from us to text the word, “STOP”. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt-out of receiving promotional communications, we may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or our ongoing business relations.

Account Profiles. You can update and delete your Service account profile subject to our Terms and Conditions. We will make good faith efforts to update those records, but it may take time to fully do so. Further, we may retain prior account information as permitted by applicable law for business record keeping purposes. You may have accounts with third-party services that interact with our Service, including those that are licensees and service providers to us. Those accounts need to be separately modified or terminated and changes to one account will not necessarily affect other accounts.

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CORRECTING PERSONAL INFORMATION

If your Personal Information changes (such as your zip code), or if you no longer desire our Service, we will make reasonable efforts to provide a way to correct, update or remove the Personal Information you provided to us. If you would like to update the information we have about you or your preferences, you may do so through your account or by contacting Tijuana Flats at the email address listed below. Furthermore, if you initially opted-in for future offers and updates, but no longer wish to receive our future offers or other promotional materials then you may later opt-out of receiving these communications by following the specific opt-out instructions found within the communication in question.

USERS OUTSIDE THE UNITED STATES

Tijuana Flats is based in the United States, and the Service is hosted here. If you are using the Service from another country, the laws governing our website’s collection and use of personal information may be different from the laws of your country. If you decide to use the Service or share your personal information with Tijuana Flats, you are agreeing to be governed by the laws of the United States, and you are expressly consenting to the transfer of your data to the United States.

In particular, please note that neither our website, nor the products and services we offer on our website, nor any other activities we carry out as set out in this Privacy Policy are aimed at individuals based in the United Kingdom or any jurisdiction within the European Economic Area (“EEA”).

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CHANGES TO THIS PRIVACY POLICY

We reserve the right to revise and reissue this Privacy Policy at any time. Any changes will be prospectively effective immediately upon posting of the revised Privacy Policy and your continued use of the Service indicates your consent to the Privacy Policy then posted for that visit. If you do not agree, discontinue use of the Service and uninstall all Service downloads and applications.

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If you have any questions about this Privacy Policy, please contact us or at social@tijuanaflats.com