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Privacy Policy

Privacy Policy

ONLINE PRIVACY POLICY

BBDI, LLC (the “Company” or “we”) has developed this privacy policy out of respect for the privacy of our customers, visitors to our website, and independent contractors. This policy describes the personal information we collect, use, and disclose about individual consumers, and contractors who visit or interact with this website, visit any of our offices, stores, facilities or locations, purchase or inquire about any of our products or services, inquire about becoming a franchisee, contract with us to provide services or otherwise interact or do business with us.

Whenever you visit our websites https://blackbeardiner.com/ or https://blackbeardinerfranchise.com/, we will collect some information from you automatically simply by you visiting and navigating through this site, and some voluntarily when you submit information using a form on the website, enroll in or subscribe to our marketing communications, request information, or use any of the other interactive portions of our website. Through this website, we will collect information that can identify you and/or your activity.

Additionally, whenever you communicate, interact or do business with us, whether online or at any of our physical locations or facilities, or whether you are contracted to perform services for us, we will be collecting personal information from you or about you in the course of our interaction or dealings with you.

This policy does not apply to our current and former employees and their family members, dependents, and beneficiaries; if you are a California resident who is a current or former employee of the Company or a family member, dependent, or beneficiary of any of our current or former employees, you may request access to our Employee Privacy Policy by sending an email to privacy@blackbeardiner.com.

Please note that this Notice does not apply to the privacy practices of any Franchised Operator or Licensee. For more information on Franchised Operators and Licensees, please visit https://blackbeardinerfranchise.com/.

  1. What Data We Collect 

Based on your specific transactions and interactions with us or our website, we will or may collect, and we have in the last 12 months collected, the following categories of personal information about you. The examples provided for each category are not intended to be an exhaustive list or an indication of all specific pieces of information we collect from or about you in each category, but rather the examples are to provide you a meaningful understanding of the types of information that may be collected within each category. For each category of information, we identify below the categories of third parties, service providers, and contractors to whom we have disclosed the information in the last 12 months. We also identify the categories of third parties to whom we sold the information, or with whom we shared the information for targeted advertising purposes, in the last 12 months, though we have discontinued any selling or sharing of personal information for such purposes and will not do so in the future without updating this policy to provide you with appropriate notice.

Category Examples Disclosed in Last 12 Months To Sold or Shared in Last 12 Months To
Personal Identifiers  Name, alias, social security number, date of birth, driver’s license or state identification card number, passport number. A, B, C, D, E, F, H, I, J  Not Sold or Shared
Contact Information Home, postal or mailing address, email address, home phone number, cell phone number. A, B, C, D, E, F, H, I, J Not Sold or Shared
Account Information Username and password for Company accounts and systems, and any required security or access code, password, or credentials allowing access to your Company accounts. I Not Sold or Shared
Protected Classifications Race, ethnicity, national origin, sex, gender, sexual orientation, gender identity, religious or philosophical beliefs, age, disability, medical or mental condition, military status, familial status, union membership. B, C, D Not Sold or Shared
Commercial Transactional Data Information regarding products or services provided, purchasing history. A, C, D, E, F, H, I, J Not Sold or Shared
Biometric Data Fingerprints, retina scans, facial recognition, handprint. B Not Sold or Shared
Financial / Employment Data  Information collected from franchisee applicants and independent contractors, including employment history, company name, role, salary, dates of employment, bank accounts, income sources.  A, B, H Not Sold or Shared
Internet Network and Computer Activity Date and time of your visit to this website; webpages visited; links clicked on the website; browser ID; browser type; device ID; operating system; form information downloaded; domain name from which our site was accessed; search history; and cookies; internet or other electronic network activity information related to usage of Company networks, servers, intranet, or shared drives, as well as Company-owned computers and electronic devices, including system and file access logs, security clearance level, browsing history, search history, and usage history. C, D, F, G, I

Sold to F and G

Shared with 

G

Geolocation Data IP address and/or GPS location, latitude & longitude.  D, F, G, I

Sold to F and G

Shared with 

G

Mobile Device Data Information collected when you navigate, access or use any of our websites via mobile device, including device type, software type; data identifying your device if you access our business networks and systems, including cell phone make, model, and serial number, cell phone number, and cell phone provider. C, D, E, F, G, I

Sold to F and G

Shared with 

G

Online Portal and Mobile App Access and Usage Information Username and password, account history, usage history, file access logs, security clearance level, and any information submitted through the account. I Not Sold or Shared
Visual, Audio or Video Recordings Your image when recorded or captured in surveillance camera footage or pictures of you taken on our premises or at our events or that you share with us; audio recordings of calls and virtual meetings as disclosed to you at the time of the call. C, D, I, J Not Sold or Shared
Professional Related Information  Information on independent contractors contained in tax forms/1099 forms, safety records, licensing and certification records, and performance records, and information related to services provided by independent contractors, including in statements of work. A, B, H, J Not Sold or Shared
Facility & Systems Access Information Information identifying you, if you accessed our secure company facilities, systems, networks, computers, and equipment, and at what times, using keys, badges, fobs, login credentials, or other security access method. I, J Not Sold or Shared
Inferences Based on your participation in the Bear Lovers E-Club or our Passport program, we may develop inferences. C, D Not Sold or Shared

Of the above categories of Personal Information, the following are categories of Sensitive Personal Information the Company may collect from or about consumers, or independent contractors:

  1. Personal Identifiers (social security number, driver’s license or state identification card number, passport number)
  2. Account Information (your Company account log-in, in combination with any required security or access code, password, or credentials allowing access to the account)
  3. Protected Classifications (racial or ethnic origin, religious or philosophical beliefs, union membership, or sexual orientation)
  4. Biometric Information (used for the purpose of uniquely identifying you)
  5. Geolocation Data (IP address and/or GPS location, latitude & longitude)

Personal information does not include:

  • Publicly available information from government records.
  • Information that a business has a reasonable basis to believe is lawfully made available to the general public by the consumer, independent contractor, or from widely distributed media. 
  • Information made available by a person to whom the consumer or independent contractor has disclosed the information if the consumer or independent contractor has not restricted the information to a specific audience. 
  • Deidentified or aggregated information.
  1. Sources From Which We Collect Data 

We may collect your personal information from the following sources:

  • You the consumer or independent contractor, when you visit the website and voluntarily submit information through forms on the website or social media, when you visit any of our stores or physical locations, when you purchase or inquire about any of our products or services, when you submit a franchise application, or when you enter into a contract to perform services for us
  • Our employees, contractors, vendors, suppliers, guests, visitors, other consumers, and customers based on your interactions with them (if any)
  • We utilize cookies to automatically collect information about our website visitors
  • Surveillance cameras at our physical locations
  • Lead generators and referral sources
  • Credit and consumer reporting agencies
  • Social media platforms
  • Company-issued computers, electronic devices, and vehicles
  • Company systems, networks, software applications, and databases you log into or use
  • Company systems, networks, software applications, and databases you log into or use in the course of applying for a position with the Company, interacting with our website, or otherwise interacting with us in any other capacity, including from vendors the Company engages to manage or host such systems, networks, applications or databases
  • Personal references and former employers/businesses for whom you did contract work (if you are a contractor)
  1. To Whom We Disclose Your Data 

We may disclose or share your personal information with the following categories of service providers, contractors, or third parties, or have done so in the last 12 months:

      A. Financial institutions
      B. Government agencies
      C. Promotional, social media or other fulfilment vendors
      D. Marketing support vendors and vendors that support managing or hosting the website 
      E. Transaction support vendors (e.g., check guaranty, payment processors)
      F. Data analytics vendors
      G. Third-party advertisers
      H. Consumer reporting agencies or credit reporting agencies
      I. Security and risk management vendors, including IT, cybersecurity, and privacy vendors and consultants
      J. Insurance carriers, administrators, and brokers 

  1. Why or How We Use or Disclose Your Data 

We may collect your personal information for the following business purposes:

  1. To fulfill or meet the purpose for which you provided the information. 
  2. To process, complete, and maintain records on transactions.
  3. To retain your selection for Text opt in/opt out to ensure customers who opted out are not sent any text messages.
  4. To schedule, manage and keep track of customer reservations.
  5. To respond to consumer inquiries, including requests for information, customer support online, phone calls, and in-store inquiries.
  6. To provide interest-based and targeted advertising (within the last 12 months, but not currently).
  7. To contact you by email, telephone calls, mail, SMS, or other equivalent forms of communication regarding updates or informative communications related to the functionalities, services, or other information you requested or asked the Company to provide to you.
  8. To administer and facilitate your participation in our Bear Lovers E-Club and Passport program.
  9. To study the purchasing patterns of our consumers and design offers that are catered to customer demand.
  10. To evaluate each store’s performance (include franchise stores), products offered, and services.
  11. To understand the demographics of our customers who visit our stores.
  12. To evaluate franchisee applicants in order to determine whether to grant a franchise.
  13. To improve user experience on our website.
  14. To understand the demographics of our website visitors (within the last 12 months, but not currently).
  15. To detect security incidents.
  16. To debug, identify, and repair errors that impair existing intended functionality of our website.
  17. To protect against malicious or illegal activity and prosecute those responsible.
  18. To verify and respond to consumer requests.
  19. To prevent identity theft.
  20. INDEPENDENT CONTRACTOR PURPOSES:
    1. To fulfill or meet the purpose for which you provided the information.
    2. To comply with state and federal law and regulations requiring businesses to maintain certain records (accident or safety records, and tax records/1099 forms).
    3. To engage the services of independent contractors and compensate them for services.
    4. To evaluate, make, and communicate decisions regarding an independent contractor, including decisions to hire and/or terminate.
    5. To grant independent contractors access to secure Company facilities, systems, networks, computers, and equipment, and maintain information on who accessed such facilities, systems, networks, computers, and equipment, and what they did therein or thereon.
    6. To implement, monitor, and manage electronic security measures on independent contractor devices that are used to access Company networks and systems.
    7. To evaluate, assess, and manage the Company’s business relationship with vendors, service providers, and contractors that provide services to the Company.
    8. To improve user experience on Company computers, networks, devices, software applications or systems, and to debug, identify, and repair errors that impair existing intended functionality of our systems.
    9. To reduce the risk of spreading infectious diseases in or through the workplace.

We may disclose your personal information for any one or more of the business purposes identified above. We also may disclose specific personal and/or sensitive personal information based on a good faith belief that such disclosure is necessary to comply with or conform to the law or that such disclosure is necessary to protect our employees or the public.

  1. Whether We Sell Your Data or Share It For Targeted Ad Purposes 

We do NOT currently sell or share your personal information in exchange for monetary consideration. We do not currently share your personal information for cross-context behavioral advertising. However, within the last 12 months (but not currently), we may have sold or shared some of your information to third parties for other valuable consideration, as noted in the table above. 

We may have sold or shared your personal information within the last 12 months for the following business purposes:

  1. To provide interest-based and targeted advertising (within the last 12 months, but not currently).
  2. To understand the demographics of our website visitors (within the last 12 months, but not currently).

Other than these exceptions, we did not disclose your personal information to any third party in exchange for monetary or other valuable consideration or share your personal information for cross-context behavioral advertising.

  1. Use and Disclosure of Your Sensitive Data 

We do not use or disclose your sensitive personal information for purposes other than the following: 

  1. To perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.
  2. To detect security incidents that compromise the availability, authenticity, integrity, and confidentiality of stored or transmitted personal information.
  3. To resist malicious, deceptive, fraudulent, or illegal actions directed at the business and to prosecute those responsible for those actions.
  4. To ensure the physical safety of natural persons.
  5. For short-term, transient use. 
  6. To perform services on behalf of the Company.
  7. To verify or maintain the quality or safety of a product, service or device that is owned, manufactured, manufactured for, or controlled by the Company, and to improve, upgrade, or enhance the service or device that is owned, manufactured by, manufactured for, or controlled by the Company.
  8. For purposes that do not involve inferring characteristics about the consumers and contractors. 
  1. How Long We Retain Your Data 

We will retain each category of personal information in accordance with legal requirements, for as long as the information is needed to fulfill the business purposes for which the information was collected, and for as long as the information is needed for other legal defense and prosecution purposes. Due to the different types of consumers we interact with in different capacities and contexts, it is impossible for us to determine at the point of collection of the data and for each consumer how long each of the above identified categories will have to be retained, and that’s because the retention period will vary based on the consumer, the context of the interaction, the sensitivity of the data, the purposes for which the particular data was collected from or about the particular consumer, whether we have contractual obligations to maintain the data, and a wide variety of potentially applicable laws and statutes of limitations on claims to which the data may be relevant. 

In deciding how long to retain each category of personal information that we collect, we consider many criteria, including, but not limited to: the business purposes for which the Personal Information was collected; relevant federal, state and local recordkeeping laws; applicable statutes of limitations for claims to which the information may be relevant; and legal preservation of evidence obligations. 

We apply our data retention procedures on an annual basis to determine if the business purposes for collecting the personal information, and legal reasons for retaining the personal information, have both expired. If so, we will purge the information in a secure manner. 

  1. Use of Third-Party Vendors 

We may use other companies and individuals to perform certain functions on our behalf. Examples include administering email services and running special promotions. Such parties only have access to the personal information needed to perform these functions and may not use or store the information for any other purpose. Subscribers or site visitors will never receive unsolicited email messages from vendors working on our behalf.

  1. Business Transfers 

In the event we sell or transfer a particular portion of our business assets, information of consumers and contractors may be one of the business assets transferred as part of the transaction. If substantially all of our assets are acquired, information of consumers and contractors may be transferred as part of the acquisition.

  1. Use of Cookies and Other Tracking Technologies 

Cookies are small files that a website may transfer to a user’s computer that reside there for either the duration of the browsing session (session cookies) or on a permanent, until deleted, basis (persistent cookies) that may be used to identify a user, a user’s machine, or a user’s behavior. We make use of cookies under the following circumstances and for the following reasons:

  • Provide you with services available through the website and to enable you to use some of its features
  • Authenticate users and prevent fraudulent use of user accounts
  • Identify if users have accepted the use of cookies on the website
  • Understand and save visitor preferences for future visits, such as remembering your login details or language preference, to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the website

You may delete cookies from your web browser at any time or block cookies on your equipment, but this may affect the functioning of or even block the website. You can prevent saving of cookies (disable and delete them) by changing your browser settings accordingly at any time. It is possible that some functions will not be available on our website when use of cookies is deactivated. Check the settings of your browser. Below you can find some guidance: 

Do Not Track (DNT) is a privacy preference that users can set if they do not want web services to collect information about their online activity. We do not respond to DNT signals.

  1. External Links 

Our website contains links to other sites. We are not responsible for the privacy practices or the content of such websites. To help ensure the protection of your privacy, we recommend that you review the Privacy Policy of any site you visit via a link from our website.

  1. Passwords 

The personal data record created through your registration with our website can only be accessed with the unique password associated with that record. To protect the integrity of the information contained in this record, you should not disclose or otherwise reveal your password to third parties.

  1. Data of Children Under the Age of 16

We do not knowingly sell or share the personal information of consumers under 16 years of age.

  1. How We Protect the Information that We Collect

The protection of the information that we collect about visitors to this website is of the utmost importance to us and we take every reasonable measure to ensure that protection, including:

  • We keep automatically collected data and voluntarily collected data separate at all times.
  • We use commercially reasonable tools and techniques to protect against unauthorized access to our systems.
  • We restrict access to private information to those who need such access in the course of their duties for us.
  1. International Visitors

We do not target, market to, or offer our products or services 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. 

  1. California Resident Rights

This section of the Privacy Policy applies only to California residents who are natural persons. If you are a California resident, you have the following rights pursuant to the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA): 

  1. 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 about you going back to January 1, 2022, unless doing so would be impossible or involve disproportionate effort, or unless you request a specific time period, (2) the categories of sources from which the personal information was collected, (3) the business or commercial purpose for collecting, selling, or sharing this information, (4) the categories of third parties with whom we share or have shared your personal information, (5) the categories of personal information that we have sold or shared about you and the categories of third parties to whom the personal information was sold or shared, by category or categories of personal information for each category of third parties to whom the personal information was sold or shared, and (6) the categories of personal information that we have disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose;
  2. Right to Access. The right to request, up to 2 times in a 12-month period, that we disclose to you, free of charge, the specific pieces of personal information we have collected about you going back to January 1, 2022, unless doing so would be impossible or involve disproportionate effort, or unless you request a specific time period;
  3. 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;
  4. Right to Correct. The right to request that we correct inaccurate personal information (to the extent such an inaccuracy exists) that we maintain about you; 
  5. The right to designate an authorized agent to submit one of the above requests on your behalf. See below for how you can designate an authorized agent; and
  6. The right to not be discriminated or retaliated against for exercising any of the above rights, including an independent contractor’s right not to be retaliated against for exercising the above rights.

You can submit any of the above types of consumer requests through either option below:

  1. Submit an online request on our website HERE. 
  2. Call our privacy toll-free line at 833-203-4993. 

How We Will Verify That it is Really You Submitting the Request

If you are a California resident, when you submit a Right to Know, Right to Access, Right to Delete, or Right to Correct 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, email, phone number, IP address, browser ID, amount of your last purchase with the business, and/or date of your last transaction with the business.

Responding to Your Right to Know, Right to Access, Right to Delete, and Right to Correct Requests

Upon receiving a verifiable request from a California resident, we will confirm receipt of the request no later than 10 business days after receiving it. We endeavor to respond to a verifiable request within forty-five (45) calendar days of its receipt. If we require more time (up to an additional 45 calendar days, or 90 calendar 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. 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 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.

For a request to correct inaccurate personal information, we will accept, review, and consider any documentation that you provide, and we may require that you provide documentation to rebut our own documentation that the personal information is accurate. You should make a good-faith effort to provide us with all necessary information at the time that you make the request to correct. We may deny a request to correct if we have a good-faith, reasonable, and documented belief that a request to correct is fraudulent or abusive. If we deny your request to correct, we shall inform you of our decision not to comply and provide an explanation as to why we believe the request is fraudulent. 

If You Have an Authorized Agent:

If you are a California resident, you can authorize someone else as an authorized agent who can submit a 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, signed authorization that we can then verify. When we receive a request submitted on your behalf by an authorized agent who does not have a power of attorney, 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. We may deny a request from an authorized agent if the agent does not provide your signed permission demonstrating that they have been authorized by you to act on your behalf. 

Other California Privacy Rights

The California Civil Code permits California Residents with whom we have an established business relationship to request that we provide you with a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the preceding calendar year. To make such a request, please send an email to privacy@blackbeardiner.com, or send a written request to:

Black Bear Diner

ATTN: Privacy Desk 

P.O. Box 991850 

Redding, CA 96099-1850

Please mention that you are making a “California Shine the Light” inquiry.

  1. 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 email, 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
  • Email 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
  • Email 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/clubs. Please be aware that you may withdraw from the clubs at any time by emailing us at privacy@blackbeardiner.com 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.

  1. Consent to Terms and Conditions

By using this website, you consent to all terms and conditions expressed in this Privacy Policy.

  1. Changes to This Privacy Policy

As our services evolve and we perceive the need or desirability of using information collected in other ways, we may from time to time amend this Privacy Policy. We encourage you to check our website frequently to see the current Privacy Policy in effect and any changes that may have been made to it. If we make material changes to this Privacy Policy, we will post the revised Privacy Policy and the revised effective date on this website. Please check back here periodically or contact us at the address listed at the end of this Privacy Policy.

  1. Questions About This Privacy Policy

This website is owned and operated by BBDI, LLC. If you have any questions about this Privacy Policy, please contact us at privacy@blackbeardiner.com or call 833-203-4993. 

**This policy was last updated June 23, 2023.