Effective 7/13/22

 

If you are a California resident, please read the following Privacy Policy (“Policy”). This Policy describes how information obtained from California consumers (as defined in the California Consumer Privacy Act of 2018, California Civil Code sections 1798.100 et seq. (“CCPA”)), including visitors to the websites found at www.anotherbrokenegg.com, www.anotherbrokeneggfranchise.com, and www.newatabe.com (“Websites”), Another Broken Egg Cafe mobile application (“Application”), and Another Broken Egg Cafe company-owned and franchised-locations, where applicable (“Locations”) (the Websites, Application and Locations are collectively the “Sites”) is collected, used, sold, and disclosed. This Policy also explains how you can make requests of Another Broken Egg of America, LLC. (“ABEA,” “we,” “us” or “our”) to know about your Personal Information, delete your Personal Information, and opt-out of the sale of your Personal Information. Please note that this Policy applies to information collected by ABEA.

 

Terms included in this Policy, including but not limited to, Personal Information and Service Provider, carry the same meaning in this Policy as they do in the CCPA.

 

California’s Shine the Light Law

 

Subject to certain limits under California Civil Code section 1798.83, California residents may ask ABEA to provide them with (i) a list of certain categories of personal data that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. California residents may make one request per calendar year.

To make this request, you may contact ABEA at the email address listed in the “Contact Us for More Information” section below. In your request, please state that you are a California resident and provide a current California address for our response. Please allow up to thirty (30) calendar days for a response. ABEA reserves its right not to respond to such requests submitted to addresses other than those specified in the “Contact Us for More Information” section below.

 

CALIFORNIA’S CONSUMER PRIVACY ACT

 

1. California Residents’ Rights Under the California Consumer Privacy Act

 

If you are a California resident, you have certain rights regarding information that is treated as Personal Information under the CCPA.

 

• • The right to know what categories of Personal Information are being collected, sold, or disclosed and the categories of sources of that Personal Information. 

You have the right to know what categories of Personal Information we collect, sell, or disclose about you, as well as the categories of third parties who purchased or received your Personal Information and the categories of sources of that Personal Information. These categories are described below in the “Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed” section below. We are also required to provide to you, before or at the point of collection, with a general notice about the categories of Personal Information collected by us and how we intend to use the collected Personal Information.

 

• • The right to access collected Personal Information

 

You have the right to request that we provide a copy of your Personal Information that we collected, sold, or disclosed in the preceding twelve (12) months. Only you, or someone you legally authorize to act on your behalf, may make a request related to your Personal Information. You may submit a maximum of two requests in a 12-month period.

 

You must provide sufficient information to enable us to reasonably verify your identity or that of your authorized agent. We will only use the Personal Information provided in your request to verify your identity or that of your authorized agent. Please note that we cannot provide any Personal Information in response to a request if we cannot verify your or your authorized agent’s identity, or your authorized agent’s authority to make the request on your behalf, and/or if we cannot confirm that the collected Personal Information relates to you.

 

You are not required to create an account with us before submitting a verifiable request. You can submit your request by emailing [email protected] or by calling (407) 440-0450.

 

After receiving and verifying your request, we will provide the following information (depending on your request):

 

• • The categories of Personal Information collected about you in the preceding twelve (12) months.
  • The sources of that Personal Information by category.
  • The business or commercial purpose(s) for collecting or selling that Personal Information.
  • The categories of third parties with whom we shared that Personal Information.
  • The specific pieces of Personal Information collected about you.

If we sold your Personal Information or disclosed it for a business purpose, we will provide:

 

• • the categories of Personal Information sold in the previous twelve (12) months and the categories of third parties to whom the Personal Information was sold; and
  • the categories of Personal Information disclosed for a business purpose in the previous twelve (12) months and the categories of third parties to whom the Personal Information was disclosed.

See the “Methods for Submitting CCPA Requests to ABEA section below for information on how you can exercise your right to access collected Personal Information. For more information, see also the “Response Timing and Format” section below.

 

• • The right to request deletion of Personal Information

With certain exceptions, you have the right to request that we and our service providers delete Personal Information we or our service provider collected or maintained. Once we receive and verify your request, we will delete and instruct any applicable service providers to delete your Personal Information from our records, unless an exception applies.

 

We and our service providers may deny a verified deletion request if we must maintain your Personal Information to:

 

• • Complete the transaction or provide a good or service requested by you for which we collected the Personal Information, or otherwise perform a contract between us.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity.
  • Debug to identify and repair errors that impair existing intended functionality of our systems.
  • Exercise a legal right provided for by law, including exercising or ensuring free speech rights.
  • Comply with the California Electronic Communications Privacy Act (California Penal Code sections 1546 to 1546.4).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest if:
    • the research adheres to all other applicable ethics and privacy laws;
    • deleting the Personal Information is likely to make the research impossible or seriously impair it; and
    • you provided informed consent during the initial data collection.
  • Enable our internal use in a manner that you would reasonably expect based on your relationship with us.
  • Comply with our legal obligations.
  • Otherwise use your Personal Information internally in a lawful manner that is compatible with the context in which you provided the information.

 

See the “Methods for Submitting CCPA Requests to ABEA” section below for information on how you can exercise your right to delete collected Personal Information.

 

• • The right to opt-out of the sale of Personal Information

 

You have the right to opt-out of the “sale” of your Personal Information to other businesses or third parties. The CCPA defines “sell,” “selling,” “sale,” and “sold” to include selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means.

 

Once we receive an opt-out request, we will act upon the request as soon as commercially reasonable, but no later than fifteen (15) business days from the date we receive the request. We will also notify all third parties to whom we have sold the Personal Information after receiving the request, but before we are able to comply with the request, that you have exercised your opt-out right and instruct them not to resell the Personal Information.

 

However, if we have a good-faith, reasonable, and documented belief that the request is fraudulent, we will deny the request and provide you with an explanation of our rationale.

 

You may elect to opt-in to the sale of Personal Information after opting-out. In the event that a transaction requires the sale of your Personal Information as a condition of completing the transaction, we will inform you of this and provide instructions on how you can opt-in.

 

See the “Do Not Sell My Personal Information” section below for more on how to opt-out of the sale of Personal Information.

 

• • The rights of California consumers who are less than 16 years of age

 

We do not sell the personal information of California consumers who we actually know are less than 13 years of age unless we receive affirmative authorization from the parent or guardian of a consumer less than 13 years of age. We do not sell the personal information of consumer who we actually know are at least 13 years of age and less than 16 years of age unless we receive affirmative authorization from the consumer.

 

• • The right to be free from discrimination

You have the right to receive equal service and price and not be discriminated against if you exercise any of your CCPA rights. However, from time to time we may offer certain financial incentives, as permitted by the CCPA, that can result in different prices, rates, or quality levels of our products and/or services. 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.

 

2. Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed

 

We collect a variety of categories of Personal Information about California consumers, their household, and/or their devices, from both online and offline sources. We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated, or incompatible purposes without providing advance notice.

In particular, we may have collected the following types of Personal Information in the last twelve (12) months:

 

• • Personal identifiers. Examples of these identifiers include, but are not limited to, a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Examples of this information include, but are not limited to, a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
  • Protected classification characteristics under California or federal law. Examples of this protected information include, but are not limited to, age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
  • Commercial Information. Examples of such commercial information include, but are not limited to, favorite restaurant location, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Geolocation Data. Examples of this information include, but are not limited to, your physical location or movements during interactions with us.
  • Inferred Data. Examples of this information include, but are not limited to, your preferences and characteristics
  • Website Usage. Examples of this information include, but are not limited to, information about a consumer's interaction with the Sites, Mobile App, or advertisements.
  • Employment Information. Examples of this information include, but are not limited to, current or past job history or performance evaluations.
  • Franchisee Applicant Information. Examples of this information include, but are not limited to, a name, address, email address, phone number, and general financial information.

We may have obtained some or all of the Personal Information listed above from the following sources in the last twelve (12) months:

 

• • Directly from you. For example, we may collect the Personal Information listed above from forms you complete or products and services you purchase.
  • Indirectly from you. For example, we may collect usage information from observing your actions on the Sites.
  • Independently owned and operated franchisees. For example, we may collect the Personal Information listed above when you provide the information to an independently owned and operated Another Broken Egg Café franchisees to purchase products and services.
  • Third-party promotion and sweepstake vendors. For example, third-party promotion and sweepstakes vendors may provide us Personal Information, such as personal identifiers and/or personal information categories listed in the California Customer Records statute, that you have given to the vendor in the course of entering and participating in ABEA sponsored contests or sweepstakes.
  • Third-party marketing vendors. For example, third-party marketing vendors may provide us with Personal Information, such as personal identifiers and/or website usage, when you open a promotional email or click on an online advertisement.

 

We may have used, shared, and/or sold the Personal Information described above for one or more of the following business or commercial purposes in the last twelve (12) months:

 

• • To process your purchases of or requests for products or services.
  • To communicate with you about your use of the Sites, purchase of products or services, to receive a newsletter, and/or participation in a loyalty program, contests, promotions, coupons, and/or sweepstakes.
  • To respond to your inquiries and for other customer service purposes.
  • To advise you of changes or additions to the Sites, and/or any of Another Broken Egg Café products or services.
  • To better understand how users access and use the Sites, to improve the Sites, to respond to user desires and preferences, and for other research and analytical purposes.
  • To help maintain the safety, security, and integrity of our Sites, products and services, databases and other technology assets, and business, as well as your account, orders, and deliveries.
  • To manage the Employment page on the www.anotherbrokenegg.com  website, which is a tool utilized by Another Broken Egg Café and its independent franchisees to assist in employment recruiting efforts.
  • To manage scheduling shifts, communicate with employees, and setup and provide employment benefits at company-owned Another Broken Egg Café locations.
  • To tailor the content and information that ABEA may send or display to you, to offer location customization and personalized help and instructions, and to otherwise personalize your experiences while using the Sites.
  • To assist in advertising Another Broken Egg Café products and services on third-party websites.
  • To maintain appropriate records for internal administrative purposes.
  • To comply with federal, state, and local laws, cooperate with and respond to law enforcement requests, and as otherwise required by applicable law, court order, or governmental regulations.
  • To protect the rights and interests of ABEA and/or our independently owned and operated franchisees, such as to resolve any disputes, to enforce this Policy or any other policy, to protect the rights or property of another, or to prevent harm.
  • To evaluate or conduct a merger, sale, or other acquisition of some or all of the Another Broken Egg Café organization or its assets, in which the information held by ABEA about our Sites is among the assets transferred.
  • To evaluate prospective Another Broken Egg Café franchisees.

We may have shared or sold the following Personal Information in the last twelve (12) months:

• • Personal identifiers. R
  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
  • Protected classification characteristics under California or federal law.
  • Commercial Information.
  • Geolocation Data.
  • Website Usage.
  • Employment Information.

We may have disclosed for a business purpose the following Personal Information in the preceding twelve (12) months:

 

• • Personal identifiers.
  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
  • Protected classification characteristics under California or federal law.
  • Commercial Information.
  • Geolocation Data.
  • Website Usage.
  • Employment Information.

We may have shared or sold the Personal Information listed above with the following categories of third parties:

• Affiliates and subsidiaries;
• Service providers;
• Website development and hosting providers;
• Mobile application development and hosting providers;
• Email platform providers;
• Cloud hosting platform providers; and
• Marketing analytics and advertising companies.

3. Methods for Submitting CCPA Requests to Us

 

You have the right to submit a verifiable request to us using the following methods:

• • By Phone . You may submit requests by calling (407) 440-0450. A member of our team will process your request and guide you through the verification process.
  • In-store Form . You may complete and submit a Request Form at any Another Broken Egg Cafe retail location in California.

 

See the “Do Not Sell My Personal Information” section below for more on how to submit a request to opt-out of the sale of Personal Information.

 

If you would like to opt-out of receiving marketing communications, please email us at: [email protected].

 

4. Verification Process

 

Once we receive a request to know or to delete, we must verify your identity before we can respond.

 

You will be required to provide all or some of the following information for verification purposes:

 

• • Your first and last name
  • Your e-mail address
  • Your telephone number

 

If you submit either a request to know specific pieces of Personal Information collected, or a request to delete sensitive, irreplaceable, or otherwise valuable Personal Information, you (or your authorized agent, if applicable) will be required to provide a signed declaration affirming your identity (or your authorized agent’s identity, if applicable).

 

5. Authorized Agents

 

An authorized agent is either a natural person or a business entity registered with the California Secretary of State that a consumer has authorized to act on his or her behalf.

You may use an authorized agent to submit a request to know, to delete or to opt-out. You may make such a designation by providing the agent with written permission to act on your behalf. We will require the authorized agent to provide either (1) a power of attorney; or (2) proof of your written permission to allow the authorized agent to submit the request on your behalf. In addition to proof of your written permission, we may require you to verify your own identity and directly confirm that you provided the agent permission to submit the request.

 

6. Response Timing and Format

 

• • Acknowledgement of receipt of request

We will confirm receipt of a request from you within ten (10) business days. This confirmation will provide information about how we will process the request, including a description of our verification process and an approximation of when we will send you a substantive response.

 

• • Substantive Response

We will respond to a verifiable request from you within forty-five (45) calendar days. If we cannot respond in that time, we will notify you in writing that we need an additional forty-five (45) calendar days and explain the reason for the needed additional time. We will deliver the written response by mail or e-mail, at your option.

 

Any disclosures we provide will cover only the 12-month period preceding our receipt of your verifiable request. If we cannot comply with your request, we will explain why. If you have requested to know specific Personal Information we collected, we will provide that information to you via mail or electronically.

 

We do not charge a fee to process or respond to a 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 and provide you with a cost estimate before completing the request.

 

• • Acting upon opt-out requests

We will act upon an opt-out as soon as commercially reasonable, but no later than fifteen (15) business days from the date we receive the request.

 

7. Do Not Sell My Personal Information

 

You have the right to direct us not to sell your Personal Information and you may exercise this right at any time. Once you opt-out, we will not sell your Personal Information unless you give us authorization to do so. We will not ask you to reauthorize such sales until 12 months have passed since complying with request to opt-out.

 

If you are a California consumer and wish to opt-out of the sale of your Personal Information, you may submit an opt-out request by emailing: [email protected].

 

You may also submit requests by calling (407) 440-0450.

 

8. Financial Incentive Offers

 

Financial incentives, as defined under the California Consumer Privacy Act (“CCPA”), include programs, benefits, or other offerings, including payments to consumers as compensation, for the disclosure, deletion, or sale of personal information about them. Although we do not consider our Digital Engagement Programs to be a “financial incentive,” each may be interpreted to be one under California law.

 

We offer discounted prices to consumers who sign up for and voluntarily provide certain requested personal information to us in connection with our Digital Engagement Program. You can find a full description of the Digital Engagement Programs, including the benefits offered, and related legal terms by logging into your website or app account with us (“Web or App Account").

 

You can opt-in to our Digital Engagement Programs by registering on our website or through the Another Broken Egg Café mobile application for a Web or App Account. You have the right to withdraw from our Digital Engagement Programs at any time by contacting us at (407) 440-0450 or by deleting your App Account or unsubscribing from The Coop emails.

 

We generally do not treat consumers differently if they exercise a privacy right under California law. However, you will need to set up a Web or App Account (and voluntarily provide the personal information requested through each program) in order to receive certain member discounts or benefits. In such circumstances, we offer a price difference that is reasonably related to the value of your data to us in connection with the program. The price difference reflected in the Digital Engagement Programs is provided based upon our reasonable determination of the estimated value of the data you provide to us, which takes into consideration a number of factors, including, among other things, our estimates regarding the anticipated revenue generated from such data and the actual and anticipated expenses that we incur in the collection, storage, and use of such data in connection with the Digital Engagement Programs. If you choose to withdraw from our Digital Engagement Programs or choose not to create a Web or App Account, you can still continue to use our websites and apps as a guest user.

 

9. Metrics Regarding CCPA Requests and Responses During the Previous Calendar Year

 

At the end of each calendar year, starting in 2020, we will report as applicable regarding the number of requests to know, delete or opt-out that we received, complied with in whole or in part, or denied, and the median length of our response time.

 

10. Children Under the Age of 13

Our Websites and Application are not intended for children under 13 years of age. No one under age 13 may provide any Personal Information on the Websites or Application. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Websites or Application, provide any information on the Websites or Application, use any of the interactive or public comment features of the Websites or Application, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected]

 

California residents over 13 but under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see “The rights of California consumers who are less than 16 years of age” section above for more information.

 

11. Contact Us for More Information

 

California consumers who have questions or concerns about our privacy policies and practices may contact a trained customer service representative through one of the following methods:

 

• • Phone call: (407) 440-0450
  • Email: [email protected]

When contacting our customer service, please include in the communication or have available the information listed under the “Verification Process” section above. If using an authorized agent, please include in the communication or have available proof of authorization.