Privacy

Summary of Changes

As part of our commitment to privacy and transparency, we have updated our Privacy Notice.

Here is what is changing and why:

  • We have completely revised our privacy notice to make it easier to for you to understand how we protect your privacy. We have now included a summary at the top of each section for quick reference.
  • We have updated our privacy notice to include how we handle your personal information as we grow to provide you with ways to interact with us and enjoy our menu items, such as when use our new mobile application, place an order through a third-party delivery service, or join our new guest rewards program, Rubio’s Rewards.
  • We have added a new addendum for compliance with the California Consumer Privacy Act (2018), which goes into effect on January 1, 2020. This new addendum highlights your ability to access and control certain information we maintain about you. For example, it describes how you can get a copy of your data or request that we delete your data under certain conditions.

We value you as a customer and we are committed to maintaining your privacy. If you have any questions or concerns, please contact us at privacy@rubios.com or through the contact information below.

 

Last modified: September 5, 2019

1.                  Introduction


 Rubio’s Restaurants, Inc. (“Rubio’s” or “we” or “us”) respects your privacy and is committed to protecting it through our compliance with this policy.

This privacy notice (our “Privacy Notice”) describes the types of information we may collect from you or that you may provide when you visit the website www.rubios.com (our “Website”) (including to place an order), use our mobile application (including to place an order) (the “Mobile Application”), participate in our guest rewards program (“Rubio’s Rewards”), or call one of our restaurants to place an order (including for catering services) (a “Phone in Order”), and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

·         on our Website (including to place an order);

·         when you sign up for or use our rewards program, Rubio’s Rewards;

·         through mobile applications you download from an official mobile application store, such as the Apple App Store® or the Google Play Store® (including when you use our Mobile Application to place an order);

·         in one of our restaurants, if you are a member of Rubio’s Rewards or place a Phone In Order;

·         if you provide feedback regarding your service experience;

·         when you place an order from one of our restaurants through a third-party meal delivery service;

·         from our third-party service providers who may provide us with information regarding consumers who may have an interest in our menu items or other services; and

·         in email, text, and other electronic messages between you and us.

It does not apply to information collected by:

·         us through any other means, including on any other website operated by Rubio’s or any third-party;

·         us as part of our employees’ employment or as part of an application for employment; and

·         any other third party, including through any application or content (including advertising) that may link to the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website or Mobile Application or to participate in Rubio’s Rewards. By accessing or using our Website or Mobile Application, by participating in Rubio’s Rewards, or by placing a Phone In Order, you agree to this Privacy Notice. This Privacy Notice may change from time to time (see Changes to Our Privacy Notice). Your continued use of our Website, Mobile Application, or Rubio’s Rewards, or by placing a Phone In Order after we make changes is deemed to be acceptance of those changes, so please check this Privacy Notice periodically for updates.

2.                  Children Under the Age of 13

 

Our Website and Mobile Application and participation in Rubio’s Rewards are not intended for children under 13 years of age, and we are unable to accept Phone In Orders from children under the age of 13. No one under age 13 may directly provide any information to or on the Website, to Rubio’s Rewards, or to or in the Mobile Application and no one under age 13 may place a Phone In Order. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on our Website, Mobile Application or on or through any of their features, register for Rubio’s Rewards, or place a Phone In Order, including providing your name, address, telephone number or email address. If we learn we have collected or received Personal Information from a child under 13, we will delete that information. If you believe we might have any information from a child under 13, please contact us at the Contact Information below.

3.                  Information We Collect About You and How We Collect It

 

Generally

We collect several types of information from and about users of our Website, Mobile Application, Catering guests, and guests who choose to participate in Rubio’s Rewards (“Personal Information”):

·           by which you may be personally identified, such as first and/or last name, postal address, e-mail address, telephone number, and credit card information (for payment information only);

·           that is about you but individually does not identify you, such as date of birth, wedding anniversary date, gender, order details and history, favorite restaurant location, and other information about your use of our Website and Mobile Application and participation in Rubio’s Rewards; and/or

·           about your internet connection, the equipment you use to access our Website and Mobile Application and usage details.

We collect this information:

·           directly from you when you provide it to us;

·           when you place an order in or with one of our restaurants;

·           automatically as you navigate through the Website or Mobile Application. Information collected automatically may include usage details, IP addresses, device information, and information collected through cookies, web beacons, and other tracking technologies;

·           when you place an order for one of our restaurants with a third party restaurant delivery service;

·           from third party marketing companies; and

·           from other third parties, for example, our business partners that help process online orders, help us manage your account in Rubio’s Rewards and process your payment information.

Information You Provide to Us or That We Collect When You Place an Order With Our Restaurants

The information we collect from you is:

·           information that you provide by filling in forms on our Website or in our Mobile Application. This includes information provided when registering to participate in Rubio’s Rewards, or requesting more information from us;

·           information that you provide when placing an order at one of our restaurants (including Catering Orders), which may include your name, and your address and phone number (for Catering Orders);

·           details of your orders if you create an account for online ordering or participate in Rubio’s Rewards and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Mobile Application or Website;

·           details about your organization if you request Rubio’s to support your organization’s fundraising activities, including any information on tax forms submitted to verify your non-profit status;

·           records and copies of your correspondence (including email addresses), if you contact us;

·           information that you provide when signing up for a contest or promotion sponsored by Rubio’s, which may include your name, phone number, email address, and other information requested when you sign up for the contest or promotion;

·           when you provide feedback regarding your experience in one of our restaurants;

·           your responses to surveys that we might ask you to complete for research purposes; and

·           when you report a problem with our Website or Mobile Application.

Information We Collect From Third Parties

We may also collect the following information about you from third parties:

·           when you place an order for menu items from one of our restaurants through a third party restaurant delivery service, that service may provide us with your contact information and other details of your order; and

·           information (including Personal Information) about consumers that may have an interest in our products and services that we use to better market our products and services, including through targeted (behavioral) marketing on social media channels.

We do not control the third parties’ collection and use of any information provided by these third parties. We handle the information received from these third parties in accordance with this Privacy Notice.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website and Mobile Application or when you visit one of our restaurants, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns:

·           details of your visits to our Website or use of our Mobile Application. We collect traffic data, location data, logs, referring/exit pages, date and time of your visit to our Website or use of our Mobile Application, error information, clickstream data, and other communication data and the resources that you access and use on the Website and Mobile Application; and

·           Information about your computer and internet connection, i.e. your IP address, operating system, and browser type.

The information we collect automatically may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and Mobile Application and to deliver a better and more personalized service by enabling us to:

·           understand how our guests use and enjoy our restaurants and menu items;

·           store information about your preferences, allowing us to customize our Website and Mobile Application according to your individual interests;

·           maintain your Rubio’s Rewards account;

·           speed up your searches; and

·           recognize you when you return to our Website or use our Mobile Application.

The technologies we use for this automatic data collection may include:

·           Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website or use our Mobile Application. You can configure your computer or mobile device to refuse all or some cookies, or to alert you when cookies are being sent. However, if you choose to refuse cookies you may be unable to access certain parts of our Website or use our Mobile Application. You can find more information about cookies at http://www.allaboutcookies.org and http://youronlinechoices.eu.

·           Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Rubio’s (or a third party service provider on our behalf), for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

·           Third Party Cookies. Some content or applications, including advertisements, on our Website and Mobile Application are served by third-parties, including advertisers, ad networks and servers, content providers, application providers, and social media sites. These third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you access our Website or Mobile Application. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising and other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about advertisement or other targeted content, you should contact the responsible provider directly. For information on how you can consent or withdraw your consent to receive targeted advertising from many providers, please see our Choices About How We Use and Disclose Your Information.

We also use Closed Circuit TV cameras to collect images of our guests in our restaurants in order to protect the rights, property, or safety of Rubio’s, and our team members, guests, or others.

 

4.                  How We Use Your Information

 

We use information that we collect about you or that you provide to us, including any Personal Information:

·           to present our Website and Mobile Application and their contents to you;

·           to provide you with information, menu items, or services that you request from us;

·           to allow you to participate in Rubio’s Rewards and receive its benefits;

·           to provide you with notices about your Rubio’s Rewards account or online ordering account, including notices about your eligible rewards or order status;

·           if you use our catering services, to contact you via phone about new promotions regarding our catering services;

·           to provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our services;

·           to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;

·           to notify you about changes to our Website, Mobile Application, Rubio’s Rewards account, online ordering account, or any products or services we offer or provide through them;

·           to fulfill any other purpose for which you provide it;

·           in any other way we may describe when you provide the information; and

·           for any other purpose with your consent.

We may also use your information to contact you (including through interest-based (behavioral) advertising and other targeted advertising) about our own or third parties’ products and services that may be of interest to you, such as new and limited availability menu items and special offers on menu items and services. If you do not want us to use your information in this way, please  see Choices About How We Use and Disclose Your Information.

5.                  Disclosure of Your Information

We do not share, sell, or otherwise disclose your Personal Information for purposes other than those outlined in this Privacy Notice. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose Personal Information that we collect or you provide as described in this Privacy Notice:

·           to our subsidiaries and affiliates;

·           to contractors, service providers, and other third parties we use to support our business, including those that help us manage Rubio’s Rewards, process online orders, or provide us with marketing and advertising services;

·           to third party organizations that we may partner with for fundraising activities;

·           To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Rubio’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Rubio’s about our restaurant guests (including Rubio’s Rewards members) are among the assets transferred;

·           to fulfill the purpose for which you provide it;

·           for any other purpose disclosed by us when you provide the information; and

·           with your consent.

We may also disclose your Personal Information:

·           to comply with any court order, law, or legal process, including to respond to any government or regulatory request;

·           to enforce or apply our Website terms of use, our Mobile Application End User License Agreement, participation rules for Rubio’s Rewards, terms of sale, and other agreements, including for billing and collection purposes (for corporate accounts); and

·           if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Rubio’s, our team members, guests, or others. This includes exchanging information with other companies and organizations for the purposes of deterring crime, fraud protection, and credit risk reduction.

6.                  Choices About How We Use and Disclose Your Information

We do not control the collection and use of your information collected by third parties described above. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Information you provide to us. We have created mechanisms to provide you with control over your Personal Information:

·           Tracking Technologies and Advertising. You can set your browser or your mobile device to refuse all or some cookies, or to alert you when cookies are being sent. However, if you choose to refuse cookies you may be unable to access certain parts of our Website or use our Mobile Application.

·           Promotional Offers from Rubio’s. If you are a member of Rubio’s Rewards or otherwise have an online account with us, we may use your contact information to promote our own and third parties’ products and services. If we have sent you a promotional email, you may click the unsubscribe link at the bottom of that email to be omitted from future promotional email distributions. This opt out does not apply to emails related to a transaction, such as emails related to a restaurant order or product service experience, or emails related to your relationship with Rubio’s or Rubio’s Rewards, such as an email to help you reset your password or for us to respond to an email from you.

·           Push Notifications. You may permit our Mobile Application to send you push notifications. Push notifications may include alerts, sounds, and icon badges. All information collected and used in connection with push notifications is subject to this Privacy Notice. If you do not want us to send you push notifications anymore, or wish to change your choice, please open your iPhone or Android settings application and adjust the settings for push notifications for our Mobile Application. For more information or assistance, please refer to the user guide for your mobile device for more information on how to configure push notifications or send us an email stating your request at privacy@rubios.com.

You can learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative (“NAI”) on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info). We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.

7.                  Accessing and Correcting Your Information


You can review and change your Personal Information by logging into the Mobile Application or the Website and visiting your “Profile” page. You may also notify us through the Contact Information below of any changes or errors in any Personal Information we have about you to ensure that it is complete, accurate, and as current as possible. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

8.                  State-Specific Privacy Rights

The law in some states may provide you with additional rights regarding our use of Personal Information. To learn more about any additional rights that may be applicable to you as a resident of one of these states, please see the privacy addendum for your state that is attached to this Privacy Notice.

Your California Privacy Rights

In addition to the rights described in the California Privacy Addendum, which are not effective until January 1, 2020, you currently have the following additional rights if you are a California resident.

California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits California residents who are users of our Website and Mobile Application, or who participate in Rubio’s Rewards, and who provide personal information in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Information to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Information shared and the names and addresses of those businesses with which we shared your Personal Information for the immediately prior calendar year (e.g. requests made in 2019 will receive information regarding such activities in 2018). You may request this information once per calendar year. To make such a request, please send an email to privacy@rubios.com or write us at the mailing address shown in this Privacy Notice.

9.                  Do Not Track Signals

We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. Because there is no standard for these signals at this time, we currently do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

10.              Data Security

We have implemented security measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. All payment transactions are performed by our third-party payment processor, who must comply with appropriate industry standards to protect your payment information.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or Mobile Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we take security measures to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website or from our Mobile Application. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or the Mobile Application.

11.              Changes to Our Privacy Notice

We may change this Privacy Notice at any time. It is our policy to post any changes we make to our Privacy Notice on this page with a notice that the Privacy Notice has been updated on the Website’s home page or Mobile Application’s home screen. If we make material changes to how we treat our users’ Personal Information, we will notify you by email to the email address specified in your Rubio’s Rewards account (if applicable) or other email contact information we may have about you and through a notice on the Website’s home page and Mobile Application’s home screen. The date this Privacy Notice was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website or Mobile Application and reviewing this Privacy Notice to check for any changes.

12.              Contact Information

If you have any questions, concerns, complaints or suggestions regarding our Privacy Notice or our privacy practices, have any requests related to your Personal Information pursuant to applicable laws, or otherwise need to contact us, you may contact us at contact information below or through the “Contact” page on our Website or in our Mobile Application.

Rubio’s Restaurants, Inc.

Attn: Consumer Privacy

2200 Faraday Ave #250

Carlsbad, CA 92008

1-(800) 354-4199

privacy@rubios.com

 

 

Rubio’s Privacy Notice for California Residents

Effective Date: January 1, 2020

Last Reviewed on: [DATE]

This Privacy Notice for California Residents supplements the information contained in Rubio’s Privacy Notice that this is attached to and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) in effect as of the Effective Date shown above and any terms defined in the CCPA have the same meaning when used in this notice. We may update this Privacy Notice for California Residents as necessary and in the event of changes in the CCPA. Note that this notice does not apply to our team members. Please contact your store manager or other supervisory personnel if you are a team member and would like additional information about how we process your Personal Information.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”) when you use our Website or Mobile Application or when you participate in Rubio’s Rewards. Within the past 12 months from the Effective Date of this Privacy Notice for California Residents, Rubio’s has collected, through its restaurants, Website, and Mobile Application and through Rubio’s Rewards the following categories of personal information from its guests (consumers) (note that we may not collect all of the examples listed below):

Category

Examples

Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

Personal information categories listed in the California Customer Records statute.

A name, signature, address, telephone number, bank account number (for catering orders), credit card number, or debit card number.

Some personal information included in this category may overlap with other categories.

Protected classification characteristics under California or federal law.

Age (40 years or older) (through date of birth) or sex (including gender and gender identity).

Commercial information.

Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

Geolocation data.

Physical location or movements.

Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information (including Closed Circuit TV information).

Inferences drawn from other personal information.

Profile reflecting a person’s preferences.

Personal information does not include information that is: (a) publicly available information from government records; (b) deidentified or aggregated consumer information; or (c) information excluded from the CCPA’s scope, like: (i) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and (ii) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

Rubio’s obtains the categories of personal information listed above from the following categories of sources:

·         directly from you. For example, from forms you complete or from orders you place for our menu items and services;

·         indirectly from you. For example, from observing your actions on our Website, when you use the Mobile Application, or visit one of our restaurants;

·         from third party service providers that we use to support our business, including those that help us process online orders or manage Rubio’s Rewards;

·         from third party meal delivery services;

·         from third party service providers who provide us with information regarding consumers who may have an interest in our menu items and services; and

·         any other sources specified in our Privacy Notice.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business or commercial purposes:

·         to fulfill or meet the reason you provided the information. For example: if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry; if you provide your personal information to order menu items (whether through our Website, through our Mobile Application, or in one of our restaurants), we will use that information to process your payment and facilitate fulfilling your order. We may also save your information when you participate in Rubio’s Rewards and to facilitate new orders;

·         to provide, support, personalize, and develop our Website, Mobile Application, menu items, and services;

·         to create, maintain, customize, and secure your Rubio’s Rewards or other online ordering account with us;

·         to process your requests, purchases, transactions, and payments and prevent transactional fraud;

·         to provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our services;

·         to personalize your Website and Mobile Application experience and to deliver content and offers on menu items and services relevant to your interests, including targeted offers and ads as a result of your participation in Rubio’s Rewards or otherwise through our Website, Mobile Application, third-party sites, and via email or text message (with your consent, where required by law);

·         to help maintain the safety, security, and integrity of our Website, Mobile Application, restaurants, products and services, databases and other technology assets, and business;

·         for testing, research, analysis, and menu item development, including to develop and improve our Website, Mobile Application, menu items, and services;

·         to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;

·         as described to you when collecting your personal information or as otherwise set forth in the CCPA;

·         to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Rubio’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Rubio’s about our restaurant guests (including Rubio’s Rewards members) are among the assets transferred; and

·         any other purpose described in our Privacy Notice

Rubio’s will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We do not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate your personal information to another organization for monetary or other valuable consideration. However, Rubio’s may disclose your personal information to a third party for one or more business purposes. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and to not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

·         Service providers.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Rubio’s has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category F: Internet or other similar network activity.

Category G: Geolocation data.

Category H: Sensory data.

Category K: Inferences drawn from above.

We disclose your personal information for a business purpose to the following categories of third parties:

·         Service providers.

Sales of Personal Information

In the twelve (12) months preceding the effective date of this Privacy Notice for California Residents, Rubio’s had not sold 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 Rubio’s 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 (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

·         The categories of personal information we collected about you.

·         The categories of sources for the personal information we collected about you.

·         Our business or commercial purpose for collecting or selling that personal information.

·         The categories of third parties with whom we share that personal information.

·         The specific pieces of personal information we collected about you (also called a data portability request).

·         If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

·         sales, identifying the personal information categories that each category of recipient purchased; and

·         disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that Rubio’s 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 (see Exercising Access, Data Portability, and Deletion Rights), 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 provider(s) to:

1.         Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.

2.         Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.

3.         Debug products to identify and repair errors that impair existing intended functionality.

4.         Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.

5.         Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).

6.         Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.

7.         Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.

8.         Comply with a legal obligation.

9.         Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

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:

·         Calling us at 1(800) 354-4199.

·         Visiting www.rubios.com.

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

·         Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

·         Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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. However, if you have an account, you may also exercise some of the above rights through our Mobile Application.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us (including a Rubio’s Rewards account or other online ordering account), we will deliver our written response to the contact information you provided in 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.

Personal Information Sales Opt-Out and Opt-In Rights

We do not sell the personal information of consumers and therefore do not provide any opt-in or opt-out capabilities on our website or otherwise.  

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not, solely as a result of your exercise of your rights under the CCPA:

·         Deny you goods or services.

·         Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. However, we will continue to offer you discounts and other benefits if you choose to participate in Rubio’s Rewards.

·         Provide you a different level or quality of goods or services.

·         Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

You may voluntarily participate in our Rubio’s Rewards program. If you elect to participate, we may collect certain personal information about you as described in this Privacy Notice for California Residents or our general Rubio’s Privacy Notice. As part of your participation in Rubio’s Rewards, we may from time to time provide you with certain offers for menu items, which may result in different prices for certain menu items. You may find out more about the specific terms of your participation in Rubio’s Rewards in our Mobile Application or on our Website.