Privacy Policy

PRIVACY NOTICE

Last updated June 7, 2022

Thank you for choosing to be part of our community at BBDI, LLC, doing business as Black Bear Diner (“Black Bear Diner”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our notice, or our practices with regards to your personal information, please contact us at [email protected].

When you visit our website https://blackbeardiner.com/, or mobile application and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Sites and our services.

This privacy notice applies to all information collected through our website (such as https://blackbeardiner.com/), our mobile application, at any of our physical locations, and/or any related services, sales, marketing or events (we refer to them collectively in this privacy notice as the “Services“).

Please read this privacy notice carefully as it will help you make informed decisions about sharing your personal information with us.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?
2. WHAT ARE OUR BUSINESS PURPOSES FOR COLLECTING PERSONAL INFORMATION?
3. WHAT SOURCES DO WE RECEIVE PERSONAL INFORMATION FROM?
4. CATEGORIES OF THIRD PARTIES TO WHOM PERSONAL INFORMATION WAS DISCLOSED IN THE LAST 12 MONTHS?
5. DO WE SELL ANY OF YOUR PERSONAL INFORMATION?
6. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
7. DO WE USE GOOGLE MAPS?
8. HOW LONG DO WE KEEP YOUR INFORMATION?
9. HOW DO WE KEEP YOUR INFORMATION SAFE?
10. DO WE COLLECT INFORMATION FROM MINORS?
11. WHAT ARE YOUR PRIVACY RIGHTS?
12. CONTROLS FOR DO-NOT-TRACK FEATURES?
13. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
14. DO NEVADA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
15. WHAT IF I AM NOT A CALIFORNIA RESIDENT?
16. DO WE MAKE UPDATES TO THIS POLICY?

1. WHAT INFORMATION DO WE COLLECT?

Information automatically collected

In Short: We typically collect two kinds of information about you when you use our Services: (a) information that you provide us that personally identifies you and (b) information that does not personally identify you – such as IP address and/or browser and device characteristics – that is collected automatically when you visit our Services.

Depending on the nature of your relationship with us, we may collect the following categories of personal information about you:

• Identity Data such as first and last name, date of birth, gender, and military or veteran status.
• Contact data such as postal address and/or zip code, email address, phone number.
• Transaction Data such as credit card or other payment information about payments made by you, including but not limited to, average purchase price, cadence of purchases, location of purchases, and details regarding the identity of items purchased.
• Marketing and Communications Data such as demographic information, dining preferences, who you typically dine with, when you normally visit our restaurant locations, and how often you visit our restaurant locations.
• Usage Data such as information about how you access and use our Sites and mobile applications, including IP address, location data, external social network credentials, and mobile application log-in credentials.
• Sensory Data such as data from phone recordings and security cameras.
• Application data such as previous experience and personal references, including financial resources where applying for a franchise.
• Inferences drawn from any of the above (e.g., preferences, characteristics, predispositions, etc.)

2. WHAT ARE OUR BUSINESS PURPOSES FOR COLLECTING PERSONAL INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

To deliver targeted advertising to you. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and Contractual.

To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

For the following Business Purposes:

• Data analysis,
• Identifying usage trends, and understanding demographics of our customers and website visitors,
• Determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing and your experience,
• Providing and improving our services, including quality assurance, improving user experience on our website and mobile application, research and development, and prevention of fraud, malicious and illegal activity
• Providing use of our services, including our loyalty programs and mobile applications
• Processing orders or other transactions made on our sites or mobile applications
• Providing interest-based and targeted advertising
• Detecting security incidents
• Debugging, identifying, and repairing errors that impair existing functionality of our website
• Verify and responding to consumer requests

We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.

Based on your communication preferences, we may send you marketing communications (e.g. emails or mobile notifications) to inform you about our events or our partner events; to deliver targeted marketing; and to provide you with promotional offers. Our marketing will be conducted in accordance with your advertising marketing preferences and as permitted by applicable law.

3. WHAT SOURCES DO WE RECEIVE PERSONAL INFORMATION FROM?

We receive or collect personal information from the following sources:

• Directly from you, the user/consumer
• Through our own observations and records of your interactions and transactions with us, whether through this website or one of our locations
• Cookies and other tracking technologies

4. CATEGORIES OF THIRD PARTIES TO WHOM PERSONAL INFORMATION WAS DISCLOSED IN THE LAST 12 MONTHS

Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data about how you interact with the Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

Franchisees: We may share your personal information with Black Bear Diner franchisees.

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Services. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.

Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

5. DO WE SELL ANY OF YOUR PERSONAL INFORMATION?

The Company does NOT and will not sell your personal information in exchange for monetary consideration. However, we may provide some of your information to third parties for other valuable consideration. Specifically, we may share information with third party websites and social media platforms about visitors to the Service for purposes of targeting advertisements of our products and services to you when you visit other websites. The Company allows IP addresses and other cookie-related data to be collected in an automated manner and managed by our marketing vendors in order to provide you with targeted ads based on what you appear to be interested in as a result of your activity online, both on the Service and elsewhere. If you opt-out, you will still see ads but they will not be personalized based on your online activity. Other than this sole exception, we do not and will not disclose your personal information to any third party in exchange for monetary or other valuable consideration. We do not at any point or under any circumstance sell or otherwise trade the personal information of minors.

Notice of Right to Opt-Out of Sale of Your Information

While we do not sell your personal information in exchange for money, we may share your personal information for other valuable consideration in the manner described above. This is the only circumstance where your personal information may be disclosed in exchange for valuable consideration. You have the right to tell us NOT to sell your personal information. You may exercise your right to opt-out without fear of discrimination for doing so. To opt-out of our selling of your information, meaning, we will not disclose your information to third parties for any monetary or other valuable consideration, you can do any of the following:

• Click link to be taken to an online opt-out submission form.
• Visit the Company’s website at: www.blackbeardiner.com. Click on “Do Not Sell My Personal Data” to be taken to an online submission form.
• If you are unable to submit an opt-out through any of the above methods, please call our toll-free privacy line at 833-203-4993 for assistance and a Black Bear Diner representative will assist in meeting your needs.

You can have an Authorized Agent submit a request on your behalf if you either (a) execute a valid, verifiable, and notarized Power of Attorney or (b) provide other written authorization that we can then verify. To submit an opt-out through use of an authorized agent you must provide that agent with written permission to submit an opt-out on your behalf. We maintain the right to deny any request from an authorized agent that does not submit sufficient proof that they have been authorized by you to act on your behalf.

A request to opt-out need not be a verifiable consumer request. However, we may deny a request to opt-out if we have a good faith, reasonable, and documented belief that a request to opt-out is fraudulent. If we deny your request to opt-out, we shall inform you of our decision not to comply and provide an explanation as to why we believe the request is fraudulent.

6. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is further described in Section 11 below.

7. DO WE USE GOOGLE MAPS?

This website, mobile application, or Facebook application uses Google Maps APIs. You may find the Google Maps APIs Terms of Service here. To better understand Google’s Privacy Policy, please refer to  this link.

By using our Maps API Implementation, you agree to be bound by Google’s Terms of Service. You agree to allow us to obtain or cache your location. You may revoke your consent at anytime.

8. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

9. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the services within a secure environment.

10. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at [email protected].

11. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time.

Cookies and similar technologies: A cookie is a small piece of data that a website can send to your browser, which may then be stored on your hard drive as a “tag” that identifies your computer. Cookies help to navigate from page to page on a website, provide secure connections, gather statistics about the usage and effectiveness of our site, and remembers preferences from a previous visit, when you return.

We use third-party services for analytics and interest-based advertising purposes. These service providers and ad partners may use cookies alone or in conjunction with unique identifiers, beacons, and other tracking technologies to collect information about you when you use our Services open our emails, or interact with our ads.

Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

12. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

13. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights (“Right to Know”, “Right to Delete” and “Right to Opt-out”) regarding access to your personal information.

Right to Know:

The right to request, up to 2 times in a 12-month period, that we identify to you (1) the categories of personal information we have collected, disclosed or sold about you in the last 12 months, (2) the categories of sources from which the personal information was collected, (3) the business purpose for which we use this information, and (4) the categories of third parties with whom we share or have shared your personal information in the last 12 months.

Right to Access:

The right to request, up to 2 times in a 12-month period, that we provide you access to or disclose to you, free of charge, the specific pieces of personal information we have collected about you in the last 12 months;

Right to Delete:

The right to request, up to 2 times in a 12-month period, that we delete personal information that we collected from you, subject to certain exceptions.

If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services.

Right to Opt-Out:

If you would like to opt-out of any sale of your Personal Information, please follow the processes under “Exercising California Privacy Rights”.

California law does not permit us to discriminate against you because you exercised any your rights under this title, including, but not limited to, by: denying you access to goods or services; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

We may, however, charge different prices or rates, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by your personal information. In addition, we may offer you financial incentives for the collection, sale, and retention and use of your personal information as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels.

Exercising California Privacy Rights

To make a request under the California Consumer Privacy Act, please provide sufficient information for us to determine if this applies to you, under penalty of perjury attest to the fact that you are a California resident, and provide your current California address, to which we will send our response. Please use this link or send a written request with your first name, last name, street address, city, state, zip code and email address you used on our site, Written request should be mailed to: Black Bear Diner ATTN: Privacy Desk P.O. Box 991850 Redding, CA 96099-1850. You may also call 833-203-4993.

How we will verify that it is really you submitting the request:

When you submit a Right to Know, Right to Access, or Right to Delete consumer request through one of the methods provided above, we will ask you to provide some information in order to verify your identity and respond to your request. Specifically, we will ask you to verify information that can be used to link your identity to particular records in our possession, which depends on the nature of your relationship and interaction with us. For example, we may need you to provide your name, address, email, phone number, and information regarding the nature of your interaction or transaction.

Responding to your Right to Know, Right to Access, and Right to Delete requests

We endeavor to respond to a verifiable consumer request from California residents within forty-five (45) days of its receipt. If we require more time (up to 45 days or 90 days total from the date we receive your request), we will inform you of the reason and extension period in writing. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding our receipt of your verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Responding to your consumer request to opt-out of the sale of your personal information

We will act upon a verifiable consumer request to opt-out within fifteen (15) days of its receipt. We will notify all third parties to whom we have sold personal information within 90 days of our receipt of your request that you have exercised your right to opt-out and instruct them not to further sell the information. We will notify you when this has been completed by mail or electronically, at your option.
A request to opt-out need not be a verifiable consumer request. However, we may deny a request to opt-out if we have a good faith, reasonable, and documented belief that a request to opt-out is fraudulent. If we deny your request to opt-out, we shall inform you of our decision not to comply and provide an explanation as to why we believe the request is fraudulent.

How to authorize an agent to act on your behalf

If you are a California resident, you can authorize someone else as an Authorized Agent who can submit a consumer request on your behalf. To do so, you must either (a) execute a valid, verifiable, and notarized Power of Attorney or (b) provide other written authorization that we can then verify. When we receive a consumer request submitted on your behalf by an Authorized Agent, that person will be asked to provide written proof that they have your permission to act on your behalf, and we will also contact you and ask you for information to verify your own identity directly with us and not through your Authorized Agent.

Notice of Financial Incentive

If you sign up for our Bear Lovers E-Club, you will receive a welcome reward and birthday rewards, which can be redeemed for free food.  If you sign up for our Passport program, you will receive travel-related prizes. We may at any time hold contests or provide special offers to users in our database who have elected to let us contact them by e-mail, text messaging, direct messaging, or through social media. Participation is voluntary, and our guests always have the option to not supply information and/or to opt out. Information collected may include contact information, demographic information and opinions, and inferences drawn from your personal information such as preferences, characteristics, predispositions, etc. Information may be used by third parties working on our behalf to contact a guest if they have won a contest, send special offers, or help us to determine the likes and preferences of consumers to better enhance our food, restaurants, overall customer experience, websites, and marketing. The contests and special offers reasonably relate to the value of the consumer’s data.

When you sign up for the Bear Lovers E-Club we will ask you to submit the following personal information:

• First and last name
• E-mail address
• Postal Code
• Date of Birth
• Home Diner

If you sign up for our Passport program, we will ask you to submit the following personal information:

• First and last name
• Street Address
• City and State
• Postal code
• E-mail address
• Password
• Phone Number
• Type of Passport (Physical or Digital)

You can sign up for our clubs by visiting our website at https://www.blackbeardiner.com.  Please be aware that you may withdraw from the clubs at any time by e-mailing us at [email protected] or by deleting your account through the menu in your account. You may also withdraw from the Program by submitting an online request through the form available here or calling 833-203-4993. When you delete your account, you will automatically be opting out of all future promotions and communications. That said, please be aware that deleting your account will result in you losing out on being able to use or take advantage of any previously offered incentives and rewards that you received through the clubs but had not yet used as of the time you delete your account.

We are allowed by law to offer financial incentives, and price and service differences to you if the differences are directly related to the value provided by your data. We offer more discounts, promotions and rewards to Program members in order to incentivize them to visit our stores more often, engage in more transactions, and try different products and services. We will use the data we collect through the Program to study the purchasing patterns of our customers and design offers that are catered to customer demand, as well as to evaluate each store’s performance, products offered, and services.

14. DO NEVADA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and we don’t have plans to sell this information. It is your responsibility to check back to this website where any changes to this policy will be posted.

5. WHAT IF I AM NOT A CALIFORNIA RESIDENT?

If you live outside of California, please contact [email protected] with any general questions regarding our privacy policy.

International Visitors

We do not target, market to, or offer our Services or this Website to consumers outside of the United States. You agree not to submit your personally identifiable information through the website if you reside outside the United States. If you reside in the European Economic Area, European Union, Great Britain, or Switzerland, submitted personally identifiable information to us, and want to request a copy of, correct, delete, or limit the ways we use the information, send an email to [email protected] indicating your request. We will use reasonable and appropriate measures to honor your request.

16. DO WE MAKE UPDATES TO THIS POLICY?

In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.