Effective Date: 12/7/2021
Last Updated on: 12/21/2021
We are committed to protecting your privacy. Accordingly, any personal information provided by you to us shall be used in accordance with the conditions outlined in this Policy. However, this Policy does not protect information you post to public areas or third-party websites, except as set forth herein. This Policy imposes no duties on us not imposed by state, federal, or other applicable law.
The Site is owned and operated by First Watch. Any inquiries about this Policy should be directed to us at email@example.com, 941-500-1970 or toll free at 888-270-1095, or by mail to:
First Watch Restaurants, Inc.
8725 Pendery Place, Suite 201
Bradenton, FL 34201
THE INFORMATION WE COLLECT
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer (and for California residents, household or device) (PI). PI does not include:
- Publicly available information from government records;
- Deidentified or aggregated consumer information;
- Health or medical information covered by the Health Insurance Portability and Accountability Act and the California Confidentiality of Medical Information Act; or
- PI covered by various privacy laws, including the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act or the California Financial Information Privacy Act, and the Driver?s Privacy Protection Act of 1994.
While using the Site or the First Watch mobile app (the App), you may have the opportunity to register for the E-Club, order products, make requests, and post content. Accordingly, depending on the process, you may be asked to provide certain types of PI, such as:
- Postal address
- Email address
- Phone number
- Credit or debit card information
- Month and day of birth
- Location information, including geolocation
Any PI you provide is voluntary or is necessary for the identified purposes for which it is to be used.
In particular, we have collected the following categories of PI from its individuals within the past 12 months:
|A. Identifiers.||Yes, name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.|
|B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code ? 1798.80(e)).||Yes, name, signature, address, telephone number, bank account number, credit card number, debit card number, or any other financial information.|
Some PI included in this category may overlap with other categories.
|C. Protected classification characteristics under California or federal law.||Yes, medical condition (food allergy information).|
|D. Commercial information.||Yes, records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.|
|E. Biometric information.||No.|
|F. Internet or other similar network activity.||Yes, browsing history, search history, or information on a consumer?s interaction with a website, application, or advertisement.|
|G. Geolocation data.||Yes, geolocation data in our App.|
|H. Sensory data.||No.|
|I. Professional or employment-related information.||No. (For CA workforce-related PI, click here.)|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||No.|
|K. Inferences drawn from other personal information.||Yes, profile information reflecting a person?s preferences, characteristics, or purchasing behavior.|
We obtain the categories of PI set forth above from the following sources:
- Directly from you. For example, from forms or surveys you complete.
- Indirectly from you. For example, from observing your actions on our Site.
- From our Service Providers acting on our behalf.
- From our franchisees.
- From our third-party affiliates, such as contest or sweepstakes partners.
You have no obligation to provide the information requested on any First Watch form, but the failure to do so can impact our ability to respond to your inquiry, problem, request, or other communication, and may result in the denial of such request.
Protecting the privacy of children is especially important to us. For that reason, we never collect or maintain PI from those we actually know are under 13, nor do we allow registration of users under the age of 13. If you are under 13, DO NOT give us any PI.
USE OF PERSONAL INFORMATION
We use PI for many purposes, based on how you interact with us, the purchases you make, and the services you request. We may combine PI collected offline (e.g. from our restaurants), online (e.g. signing up for Sun eClub), or through our App (e.g. when you join a waitlist) into a customer database. That collection of PI helps us better communicate with you and fulfill your requests.
More specifically, we may use, sell, or disclose the PI we collect for one or more of the following purposes:
- To fulfill the reason you provided the information. For example, if you share your name and contact information to ask a question about our food or to join a waitlist via our App, we will use that PI to respond. If you sign up for our newsletter and provide your email address, we will use that to send you the newsletter. (You may opt-out at any time by clicking unsubscribe on the bottom of the email you receive.) If you sign up for text alerts in our App, we will use send you text messages. (Text message charges may apply check with your mobile provider.)
- To provide, support, personalize, and develop our Site, products, and services.
- To create, maintain, customize, and secure your account with us, if you choose to create one. This will require creation of a username and password, and will enable certain additional features on our Site or in the App.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud. We may also save your PI to facilitate new orders or process returns.
- To offer entry to and fulfill the prizes of a contest or sweepstakes, or to conduct a survey.
- To provide you with support, including to investigate and address any concerns you may have and monitor and improve our responses.
- To personalize your Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers through our Site, third-party sites, or via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Site, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Site, products, and services.
- To analyze trends, administer the site, track user movement, and compile broad aggregate demographic information for reporting and sponsorship purposes.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your PI or as otherwise permitted under applicable law.
We will not collect additional categories of PI or use the PI we collected for materially different, unrelated, or incompatible purposes without providing you notice.
SHARING OF PERSONAL INFORMATION
While we never sell PI for monetary consideration, we may share PI with third parties in a way that may be considered a sale of PI under the CCPA. These sales are subject to your right to opt-out, and do not include information about individuals we know are under age 16.
In the preceding twelve (12) months, we have disclosed PI for a business purpose and have sold, as may be defined under the CCPA, the following categories of PI to the categories of third parties indicated in the chart below.
|PI Category||Category of Third Party Recipients|
|Business Purpose Disclosure||Sales|
|A: Identifiers.||Service Providers.||None.|
|B: California Customer Records personal information categories.||Service Providers.||None.|
|C: Protected classification characteristics under California or federal law.||Service Providers.||None.|
|D: Commercial information.||Service Providers;|
Data Analytics Providers.
|Data Analytics Providers.|
|E: Biometric information.||None.||None.|
|F: Internet or other similar network activity.||Service Providers ;|
Data Analytics Providers.
|Data Analytics Providers.|
|G: Geolocation data.||Service Providers||None.|
|H: Sensory data.||None.||None.|
|I: Professional or employment-related information.||None. (For CA workforce-related PI, click here.)||None.|
|J: Non-public education information.||None.||None.|
|K: Inferences drawn from other personal information.||Service Providers;|
Data Analytics Providers.
|Data Analytics Providers.|
YOUR RIGHTS AND CHOICES
For certain jurisdictions: The CCPA provides California-resident consumers with specific rights regarding their PI. Other jurisdictions may also provide similar rights. This section describes CCPA rights and explains how to exercise those rights.
Right to Know and Data Portability
You have the right to request that we disclose certain information to you about our collection and use of your PI over the past 12 months (the right to know). Once we receive your request and confirm your identity, we will disclose to you:
- The categories of PI we collected about you.
- The categories of sources for the PI we collected about you.
- Our business or commercial purpose for collecting or selling that PI.
- The categories of third parties with whom we share that PI.
- If we sold or disclosed your PI for a business purpose, two separate lists disclosing:
- sales, identifying the PI categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the PI categories that each category of recipient obtained.
- The specific pieces of PI we collected about you (also called a data portability request).
Right to Delete
You have the right to request that we delete any of your PI that we collected from you and retained, subject to certain exceptions (the right to delete). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the PI applies. We may deny your deletion request if retaining the PI is necessary for us or our Service Provider(s) to, among other things:
- Complete the transaction for which we collected the PI, provide a service that you requested, or take actions reasonably anticipated within the context of our ongoing business relationship with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will delete or deidentify PI not subject to one of these exceptions from our records and will direct our service providers to take similar action. We commit that we will not reidentify deidentified PI.
Exercising Your Rights and Our Response
To exercise your rights described above, please submit a request by either:
- Calling us at 888-270-1095.
- Emailing us at firstname.lastname@example.org.
- Submitting a request here.
Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your PI.
You may only submit a request to know twice within a 12-month period. We cannot respond to your request or provide you with PI if we cannot verify your identity or authority to make the request and confirm the PI relates to you. You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password protected account sufficiently verified when the request relates to PI associated with that specific account. We will only use PI provided in the request to verify the requestor’s identity or authority to make it.
We will respond to your request within 45 days of receiving it. If we require more time we will inform you of the reason and extension period. If we cannot fulfill your request, we will provide you an explanation for it. Any disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable consumer request. For data portability requests, we will select a format to provide your PI that is readily useable and should allow you to transmit the information from one entity to another without hindrance.
For Designated Agents or Parents/Guardians
To designate an authorized agent or to submit a request to know or delete on behalf of your child, submit the form found here and, if applicable, include the required documents described below. Your request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected PI or an authorized representative, which may include:
- Either a signed and notarized Power of Attorney, or submission of the form found here.
- For children under 16, submission of the form found here, along with:
- a certified copied of the child’s birth certificate,
- a certified copy of a school record or transcript or home school notice of intent form that includes minor’s permanent address, and
- a current month’s utility bill with parent/guardian’s name and address shown.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
PERSONAL INFORMATION SALES OPT-OUT AND OPT-IN RIGHTS
If you are 16 years of age or older, you have the right to direct us not to sell your PI at any time (your “right to opt-out”). We do not sell PI of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from the consumer who is at least 13 years of age, but not yet 16 years of age. We do not collect, share, or sell PI of any consumer who we know is under 13 years old. Consumers who opt-in to PI sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to use by visiting the following link:
Do Not Sell My Information
Once you make an opt-out request, we will wait at least 12 months before asking you to reauthorize PI sales. However, you may change your mind and opt back in to PI sales at any time by emailing us at email@example.com.
You do not need to create an account with us to exercise your opt-out rights. We will only use PI provided in an opt-out request to review and comply with the request.
Notice of Financial Incentives and Non-Discrimination
We will not discriminate against you for exercising any of your rights. Unless permitted by law, we will not:
- Deny you goods or services.
- Charge you different prices for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you with a different level or quality of goods or services.
- Suggest that you may receive a different price for goods or services or a different level or quality of goods or services.
We may offer you certain financial incentives permitted under applicable law that can result in different prices, rates, or quality levels. Any financial incentive we offer will reasonably relate to your PI’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. We currently provide the following financial incentives:
None at this time.
CALIFORNIA – ADDITIONAL PRIVACY RIGHTS
California’s “Shine the Light” law, Civil Code Section 1798.83, allows California residents who are First Watch customers to request certain information regarding our disclosure of PI to third parties for direct marketing purposes. Please contact us firstname.lastname@example.org to request information as permitted by California law. When contacting us, please indicate your name, address, email address, and details regarding your specific request, such as the PI you do not want us to share with suppliers, affiliates, or third parties. The request should be sent to us at email@example.com or to our mailing address set forth herein, Attn: Privacy, and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your PI or requesting this notice.
AGGREGATE AND NON-IDENTIFIABLE DATA
From time to time, we may use non-identifiable aggregate information to better design our Site and to share with select advertising partners, sponsors, and/or affiliates. For example, we may tell an advertiser that X number of individuals visited a certain area on our Site, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to personally identify those individuals.
We partner with third-party suppliers to engage in analytics, analysis, auditing, measurement, research, and reporting, including without limitation based on PI or other data collected over time, such as through your (participation in our programs (such as eClub), your activity on the Site, your device’s geolocation which may include specific longitude and latitude), and your activity on third-party sites, mobile apps, or other online services. We may use and share your data in individual format, so long as it does not identify you, or in the aggregate for the analytics purposes as described herein. Our third-party suppliers may use various tracking tools, such as web logs or pixel tags, cookies, or other technology on your device or browser.
While no method of data transmission is guaranteed against unlawful third-party interception or other misuse (for example, e-mail sent to or from our Site may not be secure), First Watch uses commercially reasonable administrative, technical, and physical efforts to ensure protection of your PI from unauthorized access, disclosure, alteration, and destruction.
SCOPE AND THIRD-PARTY WEBSITES
Although this Policy applies to PI we collect or that’s collected by a Service Provider on our behalf, it does not apply to entities that are not owned or controlled by us. This Site contains links to other third-party websites. Please be aware that we are not responsible for the privacy practices of these third-party sites. We encourage you to be aware when you leave our site and to take reasonable precautions when sharing your PI on third-party sites.
We will retain PI for as long as the information has value as part of services we provide, or as long as is necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, whichever is longer. If you wish to request that we no longer use your PI, see the section Exercising Your Rights.