Privacy Policy

This privacy policy (“Policy”) sets out how First Watch Restaurants, Inc. (“First Watch”) uses and protects the personal information you provide on the First Watch website (hereinafter, the “Site”).

First Watch is committed to protecting your privacy ensuring that your privacy is protected. Accordingly, any personally identifiable information provided by you to us when you use this Site shall be used in accordance with the conditions outlined in this Policy. However, this Policy applies only to information collected by the First Watch Site and does not protect information you post to public areas or third-party websites, except as set forth herein. This Policy imposes no duties on First Watch not imposed by state, federal, or other applicable law.

First Watch may change this Policy periodically by updating this Site. You should check this page from time to time to ensure that you continue to agree with the terms of this Policy. This Policy is incorporated by reference into the Terms of Use Agreement to which you agreed upon entering the First Watch Site.

By accessing the First Watch Site and providing First Watch with Personally Identifiable Information and data, you consent to the exclusive jurisdiction of the State of Florida for any and all disputes or actions that may arise. Personally identifiable information and data about you includes information such as your name, birth date, e-mail address or mailing address, and any other information or data that is identified with you personally (“PII”).

The Site is owned and operated by First Watch. Any inquiries about this Policy should be directed to First Watch at privacy@firstwatch.com, 941-500-1970, or by mail to:

First Watch Restaurants, Inc.
Attn: Privacy
8027 Cooper Creek Blvd. #103
University Park, FL 34201

The Information We Collect

This notice applies to all information collected or submitted on the Site. While using the First Watch Site, you may have the opportunity to register for the Sun eClub, order products, make requests, and post content. Accordingly, depending on the process, you may be asked to provide certain types of PII, such as:

• Name
• Postal address
• Email address
• Phone number
• Credit or debit card information
• Month and day of birth
• Location information, including geolocation

We may also retain the details of purchases and other transactions or payments made with us or with some of our business partners affiliated with our Site in order to provide you with more personalized content. However, we will only keep your payment source account number if we first obtain your consent.

Any PII you provide is voluntary or is necessary for the identified purposes for which it is to be used. Sensitive PII is only collected if you affirmatively choose to provide it by opting in where applicable.

You have no obligation to provide the information requested on any First Watch form, but the failure to do so can impact First Watch’s ability to respond to your inquiry, problem, request, or other communication, and may result, in the case of a warranty or other service request, in the denial of such request.

Use of Personally Identifiable Information (PII)

First Watch takes your privacy very seriously. Accordingly, we agree that we will only use the information you provide for the following specific purposes: to effectuate a registration made by you; to customize the advertising and content you see; to fulfill your purchases; to improve the content and overall look and feel of our Site and services; to respond to your inquiries or requests for information; and to provide you promotional messages, surveys, and targeted advertising, if you have opted in to receive it.

We agree that we will not share, sell, rent, or otherwise distribute your PII with outside parties, except to provide products or services you’ve requested through us or to suppliers performing services for us, including for example, companies that host our data services, process payments, deliver communications on our behalf, fulfill our programs, operate apps or plug-ins on our behalf, or perform analytics (as described below). We may also provide your PII in response to a validly-issued subpoena, court order, or other legal process, or when necessary to establish or exercise our legal rights or defend against legal claims made by you or on your behalf. Our affiliates and third-party providers use any such PII and data you have provided in accordance with this Policy, may need PII to perform their functions, and may use this PII to contact you in the future to tell you about products or services we believe will be of interest to you (when you have “opted-in” to receive such communications). These companies are not authorized to use the information we share with them for any other purpose.

From time to time, we may employ the use of return email addresses to answer the email we receive from you. Such addresses are not used for any other purpose and are not shared with outside parties.

Finally, we agree that we will never use or share the PII provided to us by you in any way that violates or is otherwise unrelated to the means described in this Policy, without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.

Registration

In order to use some features of the Site, you must first complete the registration process. During registration for Sun eClub for example, you are required to provide certain PII, including, but not limited to some of the information described above (see: “The Information We Collect”). This information will periodically be used by us to contact you about site news, updates, and changes to this Policy, and to enable you to retrieve your password, if necessary.

If at any time you no longer wish to be a member of Sun eClub, you may opt-out by unsubscribing (as described below) or emailing us at privacy@firstwatch.com.

Correction of Personally Identifiable Information

So that we may best serve you, you are responsible for ensuring that all PII you provide on this site is maintained and kept current.

Your Options

First Watch provides you with the following choices regarding your PII, if any, that First Watch has. You may:

(i) object, for legitimate reasons, to the processing of your PII;

(ii) upon proof of identity, you may access information with respect to whether First Watch is processing your PII, the purposes of such processing, the categories of PII processed, the recipients of your PII, locations where your PII is transferred or processed, the manner in which the PII was communicated to First Watch, and, to the extent your PII is automatically processed, information that enables you to understand and challenge the underlying logic of such processing to the extent a decision by First Watch is directly impacted by such processing; and

(iii) the right to amend, rectify, complete, update, lock, or delete any of your PII that is inaccurate, incomplete, ambiguous, out-of-date, or expired, or the collection, use, communication, or maintenance of which is prohibited under applicable law or incompatible with the purpose for which it was originally collected or subsequently authorized.

We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort (for instance, requests concerning information residing on backup tapes), jeopardize the privacy or rights of others, would be extremely impractical, or for which access is not otherwise required.

Opt-In Policy

You may “opt in” to receive newsletters, promotional offers and other useful information from us. To unsubscribe or “opt-out” from our emailings (except important system and content update information detailed below), you may click on the Unsubscribe link in an email you have received from us or by sending an email to privacy@firstwatch.com, including your name and the email address you’d like to unsubscribe with directions to unsubscribe you.

Please note: You may not unsubscribe from receiving service announcements and important content update information regarding the Site, including but not limited to: emails relating to purchases such as receipts and order confirmations, service and account changes, Site upgrades, and site cancellation or business termination information.

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 PII to third parties for direct marketing purposes. Please contact us privacy@firstwatch.com 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 PII you do not want us to share with suppliers, affiliates, or third parties. The request should be sent to us at privacy@firstwatch.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 PII or requesting this notice.

Cookies

First Watch uses cookies to remember certain user information. This allows users of the Site to avoid logging in more than once, thereby saving time. You may, at any time, disable or refuse to accept cookies by changing the preferences or settings on your web browser. If you choose to disable cookies, you will still be able to use our Site. However, you will not be able to fully take advantage of certain automation and other functionality features available on this Site.

Please note: No PII is collected with the cookies that we set. Accepting cookies while on the Site will not put the user at risk for marketing to other sites.

Web Statistics & Shared Data

We collect and use IP addresses to analyze trends, administer the site, track user movement, and gather broad aggregate demographic information for reporting and sponsorship purposes. IP addresses are not linked to PII.

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.

Analytics

We partner with third-party suppliers to engage in analytics, analysis, auditing, measurement, research, and reporting, including without limitation based on PII or other data collected over time, such as through your (participation in our programs (such as Sun 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. For example, we may use Facebook, HotJar, Google Analytics (you can opt out here), and/or other third-party services to collect and help us analyze certain information as described in this Policy.

Data Security

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 efforts to ensure protection of your PII from unauthorized access, disclosure, alteration, and destruction. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have established appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Children’s Privacy

Protecting the privacy of children is especially important to us. For that reason, we never collect or maintain information at our Site 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 PII. If you have reason to believe that a child has provided PII to First Watch, contact us at privacy@firstwatch.com, and we will use commercially reasonable efforts to delete that information from our databases.

Scope of this Agreement; Third-Party Websites

Although this Policy applies to the entirety of information obtained by you for the purpose of accessing or using content controlled and owned by First Watch, 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 First Watch does not claim any responsibility 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 PII on third-party websites.

How To Learn More About the Information Collected

If you have any questions or concerns about the information collected about you or this Policy, please contact us at the following email address: privacy@firstwatch.com.

Change to Privacy Policies

We reserve the right to change this Policy at any time without notice. Please check this page periodically for any changes. By continuing to use any of the First Watch Site, you accept all such changes.

Last updated: July 23, 2018

 

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