PRIVACY

Last modified: June 23, 2022

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”) (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 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 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 and your choices regarding cookies at http://www.allaboutcookies.org and http://youronlinechoices.eu, and Choices About How We Use and Disclose Your Information. You can find out more about the categories and the specific cookies that we use by clicking the “Cookies” link on our Website and reviewing the information for each type of cookie.
  • 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 your Personal Information for various purposes described below, including to:

  • provide our Website and Mobile Application to you;
  • provide you with information, menu items, or services you request from us;
  • provide you with the benefits of your participation in Rubio’s Rewards;
  • provide you with notices about your Rubio’s Rewards account or online ordering account.
  • contact you about promotions regarding our catering services, if you use them;
  • enforce our rights arising from contracts; and
  • notify you about changes.

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. We disclose your Personal Information to a few third parties, including:

  • our subsidiaries and our affiliates;
  • our third-party service providers that we use to support our business;
  • to a company we merge, acquire, or that buys us, or in the event of change in structure of our company of any form;
  • to comply with our legal obligations;
  • to enforce our rights; and
  • with your consent.

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 offer you choices on how you can opt out of our use of tracking technology, disclosure of your Personal Information for our advertising to you, and other targeted advertising.

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. You may also refuse or accept categories of non-essential cookies through our cookie consent manager, which you may access by clicking the “Cookies” link at the bottom of our homepage. 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 [email protected].

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 may access and update your Personal Information at any time by contacting us.

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 certain states may provide their residents with additional rights regarding our use of your personal information.

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

If you are a resident of California, you have the additional rights described in the California Privacy Addendum.

9. Do Not Track Signals

We may use automated data collection technologies to track you across websites. We currently do not honor do-not-track signals that may be sent by some browsers.

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

Information transmitted over the Internet is not completely secure, but we have adopted security measures to protect your Personal Information. You can help protect your Personal Information and other information by keeping your password to the Mobile Application and the Website confidential.

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 will post any changes to our Privacy Notice on our Website or on the home screen of the Mobile Application. If we make material changes to our Privacy Notice, we may notify you of such changes through your contact information and invite you to review (and accept, if necessary) the changes.

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

Please feel free to contact us with any questions or comments you have about this privacy notice or our privacy practices.

We value you as a customer and we are committed to maintaining your privacy. 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
[email protected]

Rubio’s Privacy Notice for California Residents

Effective Date: July 1, 2022

Last Reviewed on: July 1, 2022

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 Privacy Rights Act of 2020 (“CPRA”) in effect as of the Effective Date shown above and any terms defined in the CPRA 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 CPRA. 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, depending on how you interact with Rubio’s, 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 our collection of your 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.

Under the CRPA, your username and password used to access your Rubio’s Rewards account is considered “sensitive personal information,” which is a special category of personal information. We collect this information when you sign up for Rubio’s Rewards or when you access your Rubio’s Rewards account. Because we do not collect or process this information for the purposes of inferring characteristics about you, we treat this information as regular personal information.

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 CPRA’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, or from when you register for Rubio’s Rewards or login to your Rubio’s Rewards account;
  • 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 CPRA;
  • 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.

Retention of Your Personal Information

Rubio’s will retain your Personal Information for the entire time that you have a Rubio’s Rewards account, if you have one. After this period, we will delete or anonymize your Personal Information so it is no longer identifiable to you, for the longer of three (3) or any of the following:

  • for as long as necessary for Rubio’s to comply with any legal requirement;
  • on our backup and disaster recovery systems in accordance with our backup and disaster recovery policies and procedures; and
  • for as long as necessary to protect our legal interests or otherwise pursue our legal rights and remedies.

We will keep data that has been aggregated or otherwise rendered anonymous in such a manner that you are no longer identifiable for an indefinite period of time in order to improve our products and services and manage our business.

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 and Sharing of Personal Information

As noted in our general Privacy Policy, we do not sell your personal information as the term “sell” is commonly understood to require an exchange for money.

However, the use of advertising and analytics cookies on our Website may be considered a “sale” of Personal Information as the term “sale” is broadly defined in the CPRA to include both monetary and other valuable consideration. Until additional guidance is issued and in order to be as transparent as possible with users of our Website and Application, we continue to consider it a “sale” and will comply with the restrictions of the “sale” of this information to the extent technologically feasible. This “sale” would be limited to our use of third-party advertising and analytics cookies and their use in providing you behavioral advertising and their use in understanding how people use and interact with our Website(s) and Application.

We also “share” your personal information as defined in the CPRA to mean the disclosure of your personal information for the purposes of cross-context behavioral advertising.

In the preceding twelve (12) months, Rubio’s have also “shared” the following categories of personal information to the following categories of third parties:

F. Internet or other similar network activity:

Categories of Third Parties: Advertisers and advertising networks; Social media companies; and Internet cookie information recipients, such as analytics and behavioral advertising services.

All other disclosures of your personal information is described in our Privacy Notice.

Your Rights and Choices

The CPRA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CPRA 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. If an exception applies, we will describe the exception in our response to your request.

Correction Request Rights

You can correct any personal information to ensure that it is complete, accurate, and current as possible. We may not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to become incorrect.

Exercising Your Rights

To exercise any of the rights described above, please submit a verifiable consumer request to us by either:

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. This generally includes the following information, as may have been collected by Rubio’s: name, physical address (if you have received mail from us), and email address (if you have received electronic communication from us).
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. This generally includes a description of the scope of your request. If you describe your request narrowly, will only process your request narrowly.

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 will acknowledge our receipt of a verifiable consumer request within ten (10) business days of its receipt, and endeavor to process a verifiable consumer request within forty-five (45) calendar days. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing. We may require you to confirm any requests to delete your information in our acknowledgement communication. We may not process a request to delete your information if do not receive a confirmation.

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 and Sharing Opt-Out and Opt-In Rights

If you are 16 years of age or older, you have the right to direct us to not sell your personal information for monetary or other valuable consideration and to direct us not to “share” your personal information for cross-context behavioral advertising at any time (the “right to opt-out”). We do not “sell” or “share” the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales or sharing at any time.

To exercise the right to opt-out, you (or your authorized representative) may adjust your cookie preferences by following the “Cookies” or the “Do Not Sell My Personal Information” links at the bottom of our homepage or in the “settings” screen in our Mobile Application and adjusting your cookie settings to disable advertising and analytics cookies in our cookie consent manager. Because our only “sale” and “sharing” of your personal information is through our use of advertising and analytics cookies, we do not provide you with a separate ability to opt-out of our “selling” and “sharing” of personal information.

Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales or sharing. However, you may change your mind and opt back into the sale and sharing of personal information at any time by following one of the above links and enabling the advertising and analytics cookies in our cookie consent manager. You do not need to create an account with us to exercise your opt-in rights however, please note that you may need to disable advertising and analytics cookies separately in each device you use to access our Website or Application.

Non-Discrimination

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

  • 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 CPRA that can result in different prices, rates, or quality levels. Any CPRA-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. In determining the value to Rubio’s of your Personal Information that we collect as part of your participation in the Rubio’s Rewards program, we consider the average profit generated and potential profit from our guests’ participation in the Rubio’s Rewards program, which is reasonably correlated to the value provided to you through the offers that we make available to you. As part of the participation in our Rubio’s Rewards program, each participating customer is provided the opportunity to utilize an average of up to $160 per year in such offers.

Other California Privacy Rights

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 2020 will receive information regarding such activities in 2019). You may request this information once per calendar year. To make such a request, please send an email to [email protected] or write us at the mailing address shown in this Privacy Notice.