PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON BRINKER INTERNATIONAL’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.
Scope of Our Policy
When we say "personal information" we mean information about you that may include, for example, first and last name, email address, day of birth, gender, number of children and financial account information such as credit card numbers provided by you. This policy will outline the types of personal information we may collect, as well as additional topics including but not limited to the following:
This Policy does not cover information rendered anonymous or where pseudonyms are used. Information is rendered anonymous if individuals are no longer identifiable or are only identifiable with a disproportionately large expense in time, cost, or labor. The use of pseudonyms involves the replacement of names or other identifiers with substitutes, so that identification of individual persons is either impossible or at least rendered considerably more difficult.
By installing, accessing or using any of our Online Services, you accept our practices as set forth in this notice. We encourage you to carefully read our policy to understand how we manage this information. Laws and practices governing the handling of this information are constantly changing; as a result we may and do update this policy from time to time. We will not necessarily directly notify you of all changes so you are urged to periodically read and review our policy to take note of any changes.
Most of our restaurants operated outside the United States are owned and operated by our franchise partners. In some cases, our franchise partner in the area where your information is collected may set forth additional terms or notices. Your installation, access to and use of the Online Services is also subject to any such supplemental terms set forth by the franchise partner.
Information We Collect
The information we collect helps us provide you with the opportunity for a great guest experience at one of our restaurants and/or when using our Online Services. Through your interaction with Brinker, we collect personal information you provide directly to us that can be used to uniquely identify or contact you. This information may be collected when you engage in certain activities such as creating an account online or on our mobile app, registrations, on-line email club submissions, surveys, to-go orders, guest relations communications, on-line location services or other voluntary activities. The types of information collected may include personal details such as the following:
Generally, we do not automatically collect personal information from visitors to our restaurants or Online Services who do not elect to provide the information. However, certain non-personal information, including IP addresses, may be recorded by the standard operation of Brinker International's internet servers. We may also automatically collect information, on an anonymous basis, about your use of our Online Services, including the type of operating system in use (e.g., Apple OS X, Microsoft Windows), the type of browser you use (e.g., Internet Explorer, Firefox, Safari and Chrome), access times, pages viewed, device characteristics, language preferences, referring URLs and the page you visited before navigating to our services. We may also collect information about you that is publicly available or provided to us from other companies.
Additionally, use of certain Brinker mobile sites or applications (e.g. iOS or Android devices) may result in the collection of additional information about you, such as your proximity to a restaurant location. To provide location-based services related to our business, Brinker International may collect, use, and share your precise location data. This location data is collected anonymously in a form that does not personally identify you and is used by Brinker International and our franchise partners and licensees to provide and improve location-based products and services.
How We Use Your Information
Our primary goal in collecting your personal information is to provide an enhanced on-line and in-restaurant experience for our guests by understanding each guest's preferences, communicating promotions and upcoming events, and providing the best possible guest experience at our restaurants. In particular, we may use the information we collect for the following purposes:
Retention of Information
Subject to applicable law, we will retain your personal information only for as long as it serves the purpose for which we originally collected such information or as you may have subsequently authorized.
Protection of Information
Brinker International is committed to taking reasonable and appropriate precautions to protect your personal information from loss, misuse or alteration. When you submit sensitive information via our Online Services, it is protected both online and off-line. When our registration form asks guests to enter sensitive personal information, we use commercially reasonable and appropriate standards to encrypt the information using industry standard encryption algorithms. All of our guests’ information, not just the sensitive information mentioned above, is restricted in our datacenters. Only employees or partners who need the information to perform a specific job are granted access to personally identifiable information.
Accessing Your Information
You may request that Brinker confirm whether we are processing your personal information and, if so, provide you with a copy of that personal information along with certain other details (where applicable). If you require additional copies, we may need to charge a reasonable fee. While it is our intention to comply with requests to access, correct or delete your personal data in accordance with applicable law, we may choose not to fulfill a request that you make hereunder (i) if we determine it is illegal or incorrect, (ii) where we need to maintain personal information because of a contractual or legal obligation, (iii) where the burden of providing access outweighs the risks of your privacy, or (iv) where your request may violate the rights of persons other than you.
Rectifying Your Information
If you believe the personal information about you that we possess is inaccurate or incomplete, you may request that it be rectified (where applicable). It is suggested that you send any such request to firstname.lastname@example.org with “Rectification Request” noted in the subject line. This will increase our ability to provide you with a timely response. Depending on the complexity of your request, we may extend our response time or ask you for additional identification. If your personal information has been shared with others, we will notify them about your request for rectification when possible.
Deleting Your Information
You may request that we delete or remove your personal information in certain circumstances such as when we no longer need it or if you withdraw your consent (where applicable). If we have shared your personal information with other parties, we will notify them about your request for erasure when possible.
Opposing/Restricting the Processing of Your Information
Where applicable, you may request that we limit the processing of your personal information in certain circumstances such as when you reject the accuracy of that personal information or you object to certain processing. While we may continue to store your personal information or communicate with you about your transactions, we will notify you if we remove these restrictions at any point. With regard to marketing communications you may receive from us, we provide in each email the option to unsubscribe from future emails. You may also be able to manage your communication preferences within the settings of your own device. Please note that you must specifically opt out of any communications you are receiving from our franchise partners.
Where applicable, you may have the right to request that we provide you with a copy of the personal information you provided to us or, if feasible and within reason, transfer such information to a third party of your choice in a structured, commonly used and machine-readable format. Depending on the complexity of your request, we may extend our response time when necessary.
Objecting to the Processing of Your Information
Where applicable, you will have the right to revoke your consent and/or request that we stop processing certain types of personal information we have collected about you. This request can be made by contacting Brinker at the postal and/or email addresses below.
Third Party Services
Children as Users
Arbitration, Jurisdiction, Class Action Waiver and Jury Waiver
Any claim you may have with respect to the Online Services must be commenced within one (1) year after the claim or cause of action arises. You agree that any claim you may have with Brinker related to the Online Services will be resolved solely by arbitration and that said arbitrator shall have exclusive authority to resolve any such dispute(s). Any such arbitration shall be final and binding, and administered by JAMS before a single arbitrator in a location determined by JAMS in accordance with its rules or as mutually agreed. The arbitrator shall apply Texas law and render a decision based on the terms, conditions and agreements referenced herein. Should any part of this arbitration provision be deemed unenforceable, the other provisions described herein shall remain in effect. Notwithstanding the foregoing, if this provision is found to be wholly unenforceable and neither party is entitled to arbitrate such dispute(s), you agree that all claims related to these Online Services must be brought in Dallas County, Texas. Should you file any administrative or legal claims without arbitrating and Brinker brings a successful motion to compel arbitration, you must pay the fees (including reasonable attorney’s fees) incurred by Brinker in court. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall by governed by the Federal Arbitration Act (“FAA”).
BOTH YOU AND BRINKER INTERNATIONAL AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. FURTHER, NO CLAIMS MAY BE MADE ON A CLASS OR REPRESENTATIVE BASIS AS YOU AND BRINKER INTERNATIONAL HEREBY WAIVE THE RIGHT TO ASSERT CLAIMS IN ANY CLASS OR REPRESENTATIVE ACTION.
Nevada Privacy Rights
Nevada residents, please visit the SB220 Privacy Notice to learn more information about an additional right that you have.
Changes to our Privacy Statement
Last Updated: 2/28/2019
CCPA PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
Information We Collect
We collect information that identifies, relates to, describes, is capable of being associated with, or could be linked, directly or indirectly, with a particular consumer or household (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
Personal information does not include:
We obtain the categories of personal information listed above from the following categories of sources:
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose.
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
We disclose your personal information for a business purpose to the following categories of third parties:
Sales of Personal Information
In the preceding twelve (12) months, we have not sold any personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, 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 the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
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.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Changes to our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.
If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Last Updated: 1/2/2020
SB 220 PRIVACY NOTICE FOR NEVADA RESIDENTS
Nevada residents may visit the following website to exercise their rights under SB 220: https://www.brinker.com/nevadaoptout.asp.