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Legal
Privacy Policy
Last Updated: December 10, 2019

California Pizza Kitchen, Inc. and its affiliates (“we,” “us,” “our,” or “CPK”) 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 website located at www.cpk.com 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. We update this Privacy Statement from time to time and we post the updated Statement on this page. This Statement is part of our Terms of Use Agreement. Please click here to see that Agreement. We encourage you to check our website frequently to review the most up-to-date versions of our Privacy Statement and Terms of Use. By using the Sites, you are accepting and consenting to our Terms of Use. Capitalized terms used in this Privacy Statement that are not defined herein have the meaning used in the Terms of Use Agreement.

  2. 1. HOW WE COLLECT AND USE PERSONAL 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

    In general, you can visit CPK.com or download the App without telling us who you are or providing us with any information. However, our Sites offer certain features or services, including but not limited to CPK Rewards Program enrollment, online food ordering, fundraising inquiries, 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 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:

    • Identifiers, such as your name, address, email address, phone number, date of birth, Credit Card Information, and CPK account log-in information;
    • Characteristics of protected classifications under California or federal law, such as your age and sex;
    • Commercial information, such as your purchases and transaction history; and
    • Order information and preferences.

    b. Information We Collect at Our Restaurants and Through Telephone 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 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, and CPK will receive only aggregate information.

    Information you may provide us and our Providers at our restaurants includes:

    • Identifiers, such as your name, address, email address, phone number, and Credit Card Information;
    • Information about your orders and dining experience; and
    • 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:

    • Identifiers, such as your name, email address, and phone number; and
    • Information about your orders and dining experience; and
    • Other information you provide to us.

    d. Social Networking Information

    You 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:

    • Identifiers, such as your username or ID and email address; and
    • Interests, activities, and relationships to other users of the Sites or of social media.

    e. Contact Information for Email Newsletters, Emails and/or Mobile Offers

    From time to time, we send 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:

    • 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 as well. 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.

    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 CPK Rewards Program in order to enter. The Personal Information that may be collected in an entry or similar form includes:

    • Identifiers, such as your first name, last name, zip code, phone number, and email address;
    • 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.

    If the privacy statement varies for a particular sweepstakes, promotion, or feature, that information will be disclosed in the sweepstakes or promotion rules or feature’s terms of use. We urge you to review the official rules and privacy statement (if different) of the particular contest/sweepstakes before participating. In the event that the Official Rules of a contest/sweepstakes conflict with or provide us with broader disclosure rights than set forth in this Privacy Statement, the Official Rules will govern the Personal Information disclosed in connection with that contest or sweepstakes.

    g. Information Collected for Online Surveys or Voting

    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:

    • Identifiers, such as your name and email address;
    • 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 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.

  3. 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:

    • To provide you with our Services;
    • To improve the Sites, the Services, and your experience with the Sites and Services;
    • Complying with legal or regulatory obligations or in response to law enforcement requests;
    • 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;
    • As necessary or appropriate to protect the rights, property or safety of us, our clients or others;
    • To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business;
    • 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.
    • To send you information about third-party products and services that we think you may find of interest;
    • To provide, support, personalize, and develop our Services;
    • To operate and maintain the Sites; and
    • As otherwise described to you when collecting your Personal Information.

  4. 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.).

    Except as otherwise stated in this section, we do not share your Personal Information with any third parties except our Providers in connection with their provision of services to us or you. The categories of Personal Information we may disclose to our providers are those described above under “How We Collect and Use Personal Information.” In the event the Sites or any Services require or permit you to interface with a Provider, you may be subject to that Provider’s separate terms of use and privacy policy. To the extent you accept a Provider's terms of use or privacy policy, we are not responsible for that Provider's use of your information. All purchases made through a third party processor and information you submit to that third party processor in connection with such purchases will be governed by that third party processor’s User Agreement and privacy policy, which are available via the link at the bottom of the online ordering page and at order.cpk.com. All purchases of gift cards made from our Site are made through a third party gift card provider and are subject to that provider’s terms and conditions and privacy policy, which are available on the gift card checkout page.
    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.

  5. 4. COOKIES AND RELATED TECHNOLOGIES.
    We and our Providers may use cookies and other tracking technologies (“Tracking Technologies”) on our Sites to collect and store certain information about usage in order to personalize our Sites for you, improve our Sites, improve our Services, advertising, provide you with offers, and to help us remember you and your preferences when you revisit our Sites.

    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:

    • 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.
    • 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.
    • 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.
    • 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.

    We also allow third parties to use cookies on our Sites to collect information about your online activities over time and across different websites you visit. This information is used to provide advertising tailored to your interests on websites you visit, also known as interest based advertising, and to analyze the effectiveness of such advertising.

    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.

    We support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance (“DAA”). To learn more about certain third-party cookies used for interest-based advertising, including through cross-device tracking, and to exercise certain choices regarding such cookies, please visit the Digital Advertising Alliance, Network Advertising Initiative, Digital Advertising Alliance-Canada, European Interactive Digital Advertising Alliance or your device settings if you have the DAA or other mobile app.

    We use a tool called “Google Analytics” to collect information about your use of the Sites, such as how often you visit the Site, what pages you visit when you do so, and what sites you used before coming to the Site. Google Analytics may use cookies and similar technologies to collect and store such information. When analyzed, this data helps us understand how visitors arrive at the Site, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising, and the like. We do not combine the information collected through Google Analytics with any other information to personally identify you. We may permit our Providers to access this data for our purposes and our benefit as described above. You can prevent Google Analytics from recognizing your device on return visits by disabling cookies on your browser. For more information on how Google Analytics collects and uses data please see “How Google uses data when you use our partners’ sites or apps” (located at www.google.com/policies/privacy/partners/) or any other URL Google may provide from time to time.

    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.

  6. 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.
  7. 6. NOTICE CONCERNING DO NOT TRACK.
    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. To learn more about Do Not Track, you can do so here.
  8. 7. SECURITY.
    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 “perfect 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.

  9. 8. PROTECTING CHILDREN'S PRIVACY.
    We do not knowingly collect Personal Information from anyone under 13 years of age (a “Minor”) except as permitted by law. As stated in our Terms of Use, persons using our Site must be 13 years of age or older. We are committed to protecting Minors' privacy online and meeting the requirements of the federal Children's Online Privacy Protection Act. While we offer programs relating to Minors, such as the CPKids Birthday Club, only a parent or guardian may register a Minor in the program. These portions of our Site are not intended to appeal to minors.

    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 310-342-5000. Parents will be required to provide verification in order to access or change information.

    If we are aware that a Minor who is not registered on our Site contacts CPK through an email, we will respond to that email on a one-time basis (with a statement that use of our Site by minors violates our Terms of Use) without obtaining parental consent and we will delete the email address. We will not use that email address to contact the Minor thereafter.
  10. 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.
  11. 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 CPK were to sell Personal Information, i.e., a “Request to Opt Out.” CPK does not sell your information, so you are already opted-out of such sales. CPK will not discriminate against you for exercising any of these rights, for example, by charging a different price or denying goods or services. However, CPK 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 privacy@cpk.com with the phrase “California Data Subject Rights” in the subject line. You may also call us toll-free at 1-800-919-3227 or complete this web form here. 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, CPK 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.

  12. 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:
    • Categories of information we disclose to third parties for their direct marketing purposes during the preceding calendar year;
    • 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 privacy@cpk.com.
  13. 12. CONTACT US.
    This site is owned and operated by California Pizza Kitchen, Inc. If you have any questions or suggestions with respect to this Privacy Statement, or if you wish to ask us to delete, correct, or show you your information as provided above, simply click on Contact Us, select the “Request Information” option, and then send your inquiry with the tag “Terms of Use/Privacy Statement” selected.
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