SPECIAL PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
This Policy describes how information obtained from California consumers, including visitors to the Il Fornaio (America) Corporation website (“Website”), mobile application (“Mobile App”), and restaurant locations (“Locations”) is collected, used, sold, and disclosed. This Policy also explains how you can make requests of Il Fornaio (America) Corporation and its affiliates (collectively, “Il Fornaio”) 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 only applies to information collected by Il Fornaio.
We may update this Policy from time to time, and will post any changes on this page with a new “last updated” date, which will be the effective date of any revisions. We encourage you to look for updates and changes to this Policy by checking this date when you access our Website and Mobile App.
Please note that our Website and Mobile App may contain links to third-party websites, such as delivery services and social media pages. These links are intended for your convenience only. These third-party websites and services are not related to Il Fornaio and are governed by the privacy policies and data collection practices of those third parties. We are not responsible for any third party’s privacy practices.
For ease of reference, you may click on any of the following links to jump to one of the sections addressed below:
California’s Shine the Light Law
California’s Consumer Privacy Act
California Residents’ Rights Under the California Consumer Privacy Act
Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed
Methods for Submitting CCPA Requests to Il Fornaio
Response Timing and Format
Do Not Sell My Personal Information
Children Under the Age of 13
Contact Us for More Information
CALIFORNIA’S SHINE THE LIGHT LAW
Subject to certain limits under California Civil Code section 1798.83, California residents may ask Il Fornaio 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 Il Fornaio at the mail or 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) days for a response. Il Fornaio 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 California Consumer Privacy Act of 2018, California Civil Code sections 1798.100 et seq. (“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 we may collect 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. However, if you maintain an account with us at the time of submitting a request, then you or your authorized agent must submit the request via our CCPA request page.
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 Il Fornaio” 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
Subject to 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 Il Fornaio” 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) days from the date we receive the request. We will also notify all third parties to whom we have sold the Personal Information after you have submitted an opt-out request but before we comply with the request 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 intend to provide goods or services to, or collect information from, California consumers who are less than 16 years of age. We do not sell the Personal Information of consumers who we actually know are less than 16 years of age, unless we receive affirmative authorization 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.
• The right to be free from discrimination
You have the right to equal service, and we will not discriminate against you if you exercise your rights under the CCPA. However, under certain circumstances, we may offer you special discounts or other incentives for the right to continue to collect, use, or sell your Personal Information. In that event, we will notify you of the relevant program’s material terms and obtain your voluntary opt-in consent to the program.
2. Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed
We may 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:
• Identifiers such as 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.
• Some categories of Personal Information described in subdivision (e) of Section 1798.80.
• Characteristics of protected classifications under California or federal law.
• Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
• Geolocation data.
• Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We may have obtained the Personal Information listed above from the following sources:
• Provided directly to us by the consumer;
• Automatically collected during Website and Mobile App usage;
• Automatically collected during visit to Location;
• Shared with Il Fornaio from third parties.
We may have collected, shared, and/or sold, the Personal Information described above for one or more of the following business or commercial purposes:
• To fulfill or meet the reason the consumer provided the information. For example, if a consumer shares their name and contact information to request a price quote or 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 purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
• To provide, support, personalize, and develop our Website, Mobile App, products, and services.
• To create, maintain, customize, and secure your account with us.
• To notify you of changes to our Website, Mobile App, policies, terms, or any products or services we provide.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including investigating and addressing your concerns and monitoring and improving our responses.
• To communicate about, and administer your participation in, special events, programs, rewards, surveys, contests, sweepstakes, and other offers or promotions.
• To personalize your Website and Mobile App experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
• To process job applications, which may include communicating with you and conducting applicant and employment-related statistical evaluation and record-keeping
• To help maintain the safety, security, and integrity of our Website, Mobile App, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Website, Mobile App, products, 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.
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Il Fornaio's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Il Fornaio about our Website and Mobile App users is among the assets transferred.
3. Methods for Submitting CCPA Requests to Il Fornaio
You have the right to submit a verifiable request to us using the following methods:
• Online Request Form. You may submit a request to know or a request to delete by completing the respective online request form https://ilfornaiodataprotection.truyo.com/consumer/index.
• Toll-Free Telephone Call. You may submit requests by calling our toll-free CCPA Request Hotline at 1-800-291-1505. A member of our team will process your request and guide you through the verification process.
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.
4. Verification Process
Once we receive a request to know or to delete, we must verify your identity before we can respond.
If you maintain a password-protected account with us, you must login to your account to submit a request. If you are requesting to access specific Personal Information we collected or to have us delete your Personal Information, you will be required to re-enter your login credentials for authentication purposes.
If you do not maintain an account with us, you may be required to provide the following information for verification purposes:
• Your first and last name;
• Your e-mail address; and
• 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 must verify your identity and directly confirm with us that you have provided the authorized agent permission to submit the request, and your agent will need to provide us either: (1) a power of attorney; or (2) your written and signed permission to allow the authorized agent to submit the request on your behalf.
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.
If you have an account with us, we will respond to that account. If you do not have an account with us, 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 your verified email account.
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 twelve (12) months have passed since complying with your 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:
• Online Request Form. You may submit an opt-out request by completing the respective online request form https://ilfornaiodataprotection.truyo.com/consumer/index.
• Toll-Free Telephone Call. You may submit an opt-out request by calling our toll-free CCPA Request Hotline at 1-800-291-1505. A member of our team will process your request and guide you through the verification process if you are using an authorized agent.
8. Children Under the Age of 16
Our Website is not intended for children under 16 years of age. No one under age 16 may provide any Personal Information on the Website. We do not knowingly collect Personal Information from children under 16. We also do not knowingly sell Personal Information from children under 16.
If you are under 16, do not use this Website or Mobile App, provide any information on this Website or Mobile App, make any purchases through the Website or Mobile App, 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 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at 1-800-291-1505 or email@example.com.
9. 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:
Toll-free call: 1-800-291-1505
Last updated on: March 10, 2020