PRIVACY

Last modified: January 8, 2023

1. Introduction

This Privacy Notice describes how Rubio’s collects and uses Personal Information about you through the use of our Website, Mobile Application, your participation in Rubio’s Rewards, and through email, text, and other electronic communications between you and Rubio’s. This Privacy Notice also describes how Rubio’s collects and uses Personal Information when you place an order through our Website.

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”),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 Privacy Notice also describes the type of information we may collect from you or that you may provide when you place an online order through our Website and our practices for collecting, using, maintaining, protecting, and disclosing that information (a “Website Order”).

This policy applies to information we collect:

on our Website
when you place a Website 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, Mobile Application, and Rubio’s Rewards are not intended for children under the age of 13 and children under the age of 13 are not permitted to directly use our Website, Mobile Application, or Rubio’s Rewards. We are also unable to accept Phone In Orders from children under the age of 13. We will remove any information received from a child under the age of 13 if we become aware of it.

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

We collect different types of information about you, including information that may directly identify you, information that is about you but individually does not personally identify you, and information that we combine with our other users. This includes information that we collect directly from you, from third parties, or through automated collection technologies.

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);
historical 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.
your current order information and invoice total when you place an order. You may be required to provide payment card information when you place an order, either through Mobile Application or Website, or through a Phone in Order. All online orders for menu items placed through the Mobile Application or our Website (including all payment processing) are processed by our online ordering partner, OLO. Your payment information is sent directly to OLO, and we only receive a token representing your payment card information when you store your payment card information in your account to process payments for future orders. We never receive your payment card number or CCV number for your payment card. OLO’s privacy notice can be found at https://www.olo.com/privacy-policy-ordering.
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;
when you place a Website 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. You should consult with the applicable third party restaurant delivery service’s privacy notice to understand how they collect and use your Personal Information When you place a Website Order, you are placing an order for menu items from one of our restaurants through a third party service provider, OLO. For more information on how OLO collects and uses your Personal Information, please see https://www.olo.com/privacy-policy-ordering. 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 w