Last updated June 26, 2020
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].
This privacy notice applies to all information collected through our website (such as https://blackbeardiner.com/), 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
- WHAT INFORMATION DO WE COLLECT?
- HOW DO WE USE YOUR INFORMATION?
- WILL YOUR INFORMATION BE SHARED WITH ANYONE?
- DO WE USE GOOGLE MAPS?
- HOW LONG DO WE KEEP YOUR INFORMATION?
- HOW DO WE KEEP YOUR INFORMATION SAFE?
- DO WE COLLECT INFORMATION FROM MINORS?
- WHAT ARE YOUR PRIVACY RIGHTS?
- CONTROLS FOR DO-NOT-TRACK FEATURES
- DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
- DO NEVADA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
- WHAT IF I AM NOT A CALIFORNIA RESIDENT?
- 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.
(a) Information you provide us:
Personal Information including any information that relates to a specific, unique, natural person, or as otherwise defined by applicable law. This may include information used to specifically identify or contact you, such as your name, e-mail or postal address, phone number, birthdate, gender, etc.
(b) Information that we or our third-party providers collect:
We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes. Personal identification information such as your name, email address, home address and telephone number are collected when you voluntarily submit it to us.
Like many businesses, we also collect information through cookies and similar technologies.
Social Media and Share Links. When you “follow” or “like” us on Facebook, Instagram, Pinterest, Twitter or other social media sites, we may collect your information. This information may include your name, e-mail address, and any comments or content you post relevant to us. We may also collect your information if you sign up for one of our promotions or submit information to us through Facebook, Pinterest, Instagram, Twitter or another social media site. These links may include the use of so-called “share links.” A “share link” is a button and/or text link appearing on our websites that launches a sharing mechanism that allows you to post links to, and content from, our websites or application onto other websites.
Bill Paying. When you pay your bill at one of our company operated or franchisee restaurants, or if you make purchases through our Site, you may provide us with your financial account information, such as credit card number and other payment and transaction information.
Job Applications. If you take a survey, apply for a job, contact us, or interact with us in various other ways, demographic information, dining preferences, and other information you choose to provide, such as resume information, may be collected.
Apply for a Franchise. If you apply for a franchise, or become a franchisee, we collect information necessary to process your application or to enter into a franchise relationship. This may include, among other things, financial resources, personal references and previous experience. Providing this information is required to apply for a franchise.
2. HOW DO WE USE YOUR 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 other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing and your experience. 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.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: : Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share data based on the following legal basis:
Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.
Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
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.
Franchisees: We may share your personal information with Black Bear Diner franchisees.
More specifically, we may need to process your data or share your personal information in the following situations:
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.
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.
5. DO WE USE GOOGLE MAPS?
In Short: Yes, we use Google Maps for the purpose of providing better service.
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.
6. 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). No purpose in this policy will require us keeping your personal information for longer than 90 days .
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.
7. 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.
8. 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].
9. 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.
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/.
10. 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.
11. 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:
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge: specific pieces of personal information we have collected, categories of sources from which the personal information was collected, categories of personal information (if any) we disclosed to third parties for business purposes and the names and addresses of all third parties with which we shared personal information and the business purpose for disclosing the personal information in the immediately preceding calendar year.
Right to Delete:
California law gives residents a limited right to request deletion of their Personal Information. However, this right is limited by a number of exceptions. Fundamentally, if we have a permissible need to retain Personal Information, we are not under an obligation to delete such information, even when requested. Generally, we retain Personal Information so we may complete the transaction for which the Personal Information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us and you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity; debug to identify and repair errors that impair existing intended functionality of our online properties; enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us; comply with a legal obligation; or otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which your provided the information. As such, we generally do not accept requests to delete Personal Information. However, we will respond to requests to remove Personal Information from some of our systems as a part of a request to close or otherwise disable a membership account. If you would like to request deletion of Personal Information, please contact us via one of the methods noted below under “Exercising California Privacy Rights.” If you do not have an account with us, we may ask for some Personal Information in order to verify your identity and your rights to the data subject to your request.
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”.
Pursuant to applicable California law, including the California Consumer Privacy Act (CCPA), we make the following disclosures regarding the personal information we have collected within the last 12 months:
|Category of Personal Information||Category of Source from Which Data is Collected||Purpose of Collection||Category of Third Parties to Whom Data is Disclosed|
|First and last name, postal address and/or zip code, email address, phone number, date of birth, gender, military or veteran status||Directly from the user/customer||To provide our services to our customers, including our loyalty programs||Service Providers|
|Mobile application log-in credentials
|Directly from the user/customer||To enable user access to our mobile applications||Service Providers|
|External social network credentials||Directly from the user/customer||To enable users to link their social network accounts with our mobile applications||N/A|
|Credit card or other payment information
|Directly from the user/customer||To process orders or other transactions made on our Sites or mobile applications||Service Providers|
|Location data||Cookies||To provide users with location-specific services, such as showing nearby restaurants in our mobile application||N/A|
|Dining preferences, who you typically dine with, when you normally visit our restaurant locations, how often you visit our restaurant locations||Directly from the user/customer||To market our services to you and tailor offers to your interests||N/A|
|Demographic information||Directly from the user/customer||To market our services to you and tailor offers to your interests||N/A|
|Metadata about how users access and use our Sites and mobile applications||Cookies, web beacons, pixels, social media widgets, and other tracking technologies||To conduct data analytics||N/A|
|Sensory Data (phone recordings, security cameras)||Directly from the user/customer||To provide our services, improve our services, quality assurance, research and development, prevention of fraud and illegal activity||Service Providers|
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.
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. 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
- Phone Number
- Type of Passport (Physical or Digital)
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
Please note that we are only required to respond to one such request per individual per 12 month period. You may also call 833-203-4993.
12. 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.
13. WHAT IF I AM NOT A CALIFORNIA RESIDENT?
14. 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.