Privacy Policy

Effective Date: 12/7/2021

Last Updated on: 12/21/2021

This privacy policy (Policy) sets out how First Watch Restaurants, Inc. (First Watch, we, or us) uses and protects the personal information you provide on the First Watch website (hereinafter, the Site) or otherwise. This Policy does not apply to workforce-related personal information collected from California-based employees, job applicants, contractors, or similar individuals (see Workforce Privacy Policy).

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.

We 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 Site.

The Site is owned and operated by First Watch. Any inquiries about this Policy should be directed to us at privacy@firstwatch.com, 941-500-1970 or toll free at 888-270-1095, or by mail to:

First Watch Restaurants, Inc.
Attn: Privacy
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:

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:

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:

CategoryCollected
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:

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:

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

We may share your PI by disclosing it to a third party for a business purpose (Service Provider). We make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the PI confidential, prohibit selling or sharing the PI, and prohibit using the disclosed PI for any purpose except performing the contract. In the event the Site or any services require or permit you to interface with a Service Provider, you may be subject to that Service Provider’s separate terms of use and privacy policy.

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 CategoryCategory of Third Party Recipients
Business Purpose DisclosureSales
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 ProvidersNone.
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:

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:

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:

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:

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 privacy@firstwatch.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:

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 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 PI 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 PI or requesting this notice.

COOKIES

We use 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.

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.

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 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.

DATA RETENTION

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.