SUMMARY

This privacy policy (Policy) describes the information that Jimboy’s Tacos (“Jimboy’s”, “we” or “us” or “our”) collects on jimboystacos.com, jimboys.com, or any other authorized websites, mobile applications, or other on-line services, tools or programs (collectively, the “Services”) where this Policy appears, how we use such information, and when we share it with third parties. The Policy applies only to information collected via the Services. We may combine the information we collect through our Services with information that we receive in other contexts (including information you provide over the phone, via fax, or when visiting a Jimboy’s Tacos fast-casual restaurant, or information we obtain from franchisees or referrals), in which case we will treat the combined information in accordance with this Policy.
This Policy is part of the Terms of Use (“Terms”) for our Services. Separate terms may also apply to other programs and services offered by Jimboy’s (“Programs”). By using the Services, you agree to this Policy, the Terms, and any applicable Program terms. We may change or modify this Policy from time to time and will post the updated Policy with a Last Updated effective date of the revisions. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and to the extent permitted by law you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to or use of the Services and/or participation in any of the Programs after this Policy has been changed or modified (see Last Updated date above) signifies your acceptance of the updated Policy. As a result, you should frequently review this Policy and the Terms to understand the terms and conditions that apply to your access to, use of and/or participation in the Services. If you do not agree to the changed or modified Policy and Terms, do not use the Services.

INFORMATION COLLECTED

Jimboy’s collects both Personal Information and Other Information regarding users of the Services, either directly or through the activities of third-party suppliers and service providers (“Suppliers”) and/or franchisees. For purposes of this Policy, “Personal Information” is information that Jimboy’s can directly associate with a specific person or entity without additional information. “Other Information” is any information that is not Personal Information. We may combine Other Information with Personal Information, and in those circumstances we will treat the combined information as Personal Information. The Personal Information that Jimboy’s collects may include, for example:

• First and Last Name
• Date of Birth
• Address
• E-mail Address
• Phone Number
• Jimboy’s Loyalty Number
• Financial payment details for purchases
• Financial and business information related to a franchisee applicant
• Financial and business information related to a catering applicant/customer

For information about Other Information we collect, please see the below portion of this Section, as well as the “How the Information is Used” and “Third Party Analytics and Targeted Marketing” sections of this Policy.

Jimboy’s collects Personal and Other Information from various sources (including from our franchisees and Suppliers) that may include, for example:

• Information you provide directly when you use or otherwise interact with the Services, complete a survey, contact us through our Jimboy’s Support Center at www.jimboystacos.com/contact-us/, provide feedback and/or submissions, make a press inquiry, or submit information through the Services or in connection with a Program.
• Information recorded as a result of your interaction with us, our Suppliers or franchisees and/or use of the Services (including information we receive when you use your Program member card(s), historical sales information, your location information and information about the device you are using) or through our marketing activities (see the “Usage Information” and “Third Party Analytics and Targeted Marketing” sections below).
• Information we collect about you from third parties in order to supplement our existing information about you. For example, your occupation, general geographic location, media and brand preferences, inferred interests, demographic information, purchase behavior, public online activities, and other information about you or your household.
• Information that you provide as part of entering a contest or sweepstakes online through the Services or through a third-party website. This information will be used as described in the applicable Official Contest/Sweepstakes Rules.
• Information that is publicly available, for example information you submit to a blog, chat room or social media network like Facebook or Twitter.
• Information submitted in an online form for individuals interested in becoming a franchisee. Such information may be used in any application for a Jimboy’s Tacos franchise that you might later submit.
• Information that your social media network provides to us if you connect your social media account with Jimboy’s. For example, this may include your social media ID or username, name, email address, general location, friends list, and demographic information such as gender or birthday/age. Note that some of the information we receive may become part of your account(s) with Jimboy’s and will be subject to this Privacy Policy.
• As described elsewhere in this Policy, the Terms, and/or applicable Program terms, or at the time such information is collected.

We may combine information we collect about you, whether directly or from other sources, for example, our advertisements that you see. See the “How the Information is Used” and ”Third Party Analytics and Targeted Marketing” sections of this Policy.

HOW INFORMATION IS USED

Jimboy’s, our franchisees, or our Suppliers may use Personal and Other Information in a number of ways, for example:

• To help us better understand and serve our customers.
• To contact you by email, phone, text or other method regarding our products and services, including matters related to your account, your order, or your future catering needs.
• To provide you with, or otherwise respond to your submissions or requests for, information and/or services, including but not limited to providing e-newsletters, webcasts, text messages, push notices, marketing, and other programs; and responding to Support Center, catering and other inquiries.
• To provide Services, Program and services functionality and administer the Services, Programs and services, including to let you sign up for an account, provide you with Program benefits, verify your participation in a Program or service, process orders placed and applicable payments, track submissions, and make your historical ordering information available to you. Note that any third-party information you provide (for example, your friend in a forward-to-a-friend program) may be maintained in connection with your submission.
• To send you promotional messages regarding new products or services, events in our restaurants, events that Jimboy’s or our franchisees sponsor, including but not limited to contests, sweepstakes and surveys, and special offers and marketing programs, which may include information about our affiliated company(ies), franchisees, and/or other programs with which any of us or them are involved, and/or information about third party products, services, offers or programs.
• To invite you to participate in surveys. Survey responses received by Jimboy’s may not be in an anonymous format and may be associated with your Program account or other Personal Information.
• To notify you of nearby restaurant locations based on your precise location, or to provide other location-based services (such as certain push notifications) if you permit our Services to collect such information. If you do not want to share your precise location with Jimboy’s, you may adjust your location preferences on your computer or device.
• To enhance our customers’ and Service users’ experiences in our restaurants, on the Services or in a Program, and enhance the sales efforts of Jimboy’s and/or our franchisees.
• To conduct research and analysis and to otherwise measure the effectiveness of the Services, Programs and our online and offline marketing efforts, and to develop and implement products, services, and marketing programs. This may include combining Personal Information with Other Information and other Personal Information drawn from online and offline sources.
• To work with third parties to append data to our records or enable other parties to append Other Information to their records.
• To coordinate Program activities and communications with other communications and marketing programs conducted by us and/or franchisees.
• For purposes of targeted or customized advertising or messaging to you, including as described in the “Third Party Analytics and Targeted Marketing” section below.
• To learn more about potential investors in our company.
• As otherwise described in this Privacy Policy, the Terms, and/or Program terms, or at the time such information is collected.

HOW WE SHARE INFORMATION WITH THIRD PARTIES

We may share your Personal and/or Other Information with third parties as described in this Policy and for our business purposes including, for example:

• To our Suppliers who are performing services for us, including without limitation companies that host our Services or information systems, deliver communications on our behalf, make gift card and e-gift card services available to you, or otherwise assist us with providing the Services to you.
• To our affiliates, franchisees, business units, Suppliers, consultants and agents, and to other third parties, including as part of our consideration of any franchise application.
• To third parties when you share information directly through the Services. For example, the Services may contain links to third-party websites that incorporate comments and social media features. The Services also contain a Facebook “like” button and a Twitter “follow” button. If you choose to use these features or other comment or sharing features provided through the Services, you may disclose your Personal Information not just to third-party websites and services, but also to their users and the public more generally. See the “Third-Party Sites” section below.
• To third parties that operate plug-ins on the Services (such as the Facebook “like” button and the Twitter “follow” button). Even if you do not click on these plug-ins, they may collect information about you, such as your IP address and the pages that you view. They also may set and/or access a cookie. These plugins are governed by the privacy policy of the company providing them.
• To third parties in the event of a proposed or actual merger, acquisition, bankruptcy, financing, sale, or other transfer of some or all of our business or assets.
• To Suppliers and other third parties in aggregated and/or anonymous form, such as sharing aggregated statistics about users of the Services for Jimboy’s, Suppliers, and third party(ies) business purposes or otherwise.
• To third parties so they can tell you about their products, services, offers and programs which work with or are otherwise related to Jimboy’s, its affiliate’s and/or franchisee’s products, services and offers. For example, we may share your information with a payment processor in order for them to tell you about how their services work with Jimboy’s services.
• Pursuant to judicial or governmental subpoenas, warrants, or other like orders, to cooperate with other requests from government or law enforcement, and in other ways necessary to comply with applicable law, as well as to investigate, prevent, or take action regarding illegal activities, suspected fraud, violation of third-party rights, situations involving potential threats to the physical safety of any person, or any other similar situation, or violations of the Terms or Program terms. We may also use and share Personal and Other Information to establish, protect, or exercise our legal rights or defend against legal claims. As otherwise described in this Privacy Policy, the Terms, and/or Program terms, or at the time such information is collected.

USAGE INFORMATION

Like most websites, apps and other like services, the Services gather traffic patterns, usage information, and similar data. This usage data may identify you individually and we may associate it with Personal Information that we collect from you on the Services and related to any Program(s) you participate in and as otherwise described in this Policy. (See the “Information Collected” and “How the Information Is Used” sections of this Policy and any applicable individual Program terms for more details.) We may use this data in aggregated form or share aggregated statistics about visitors to the Services with others outside of Jimboy’s, and we may allow third parties to collect and aggregate Other Information through the Services and/or Supplier sites accessible from or through the Services.

Jimboy’s or our third-party Suppliers may use cookies, pixels and web beacons (described below), device identifiers such as IDFA for iOS or Advertising ID for Android, device location features or beacons, or other similar technology (“Tracking Technologies”), to enhance the browsing and usage experience on the Services and enable certain functionality related to our Services. The information captured about your activities on the Services will also make it possible for us, among other things: (i) to speed navigation and provide you with custom tailored content; (ii) to remember information you gave to us so you do not have to re-enter it each time you visit the Services; (iii) to target advertising as described in the “Third Party Analytics and Targeted Marketing” section below and monitor the effectiveness of certain of our marketing campaigns; (iv) to monitor total number of visitors, pages viewed, the web address you came from, and type of browser you are using; and (v) to enforce limitations on downloads described for online coupons and other similar offers. For example, the Services may use Google Analytics and/or other third party services to help collect and analyze certain information for the purposes described in this Policy.

• “Pixels” or “web beacons” are lines of code used by a website or third-party ad server to cause a cookie to track a user’s activity on particular sites and/or using particular advertising/links, for example, to record that a user has visited a particular webpage or viewed a particular email, and to collect other information about that user on that site, including the IP address of the computer (and therefore infer information, such as geolocation), web pages being viewed, date/time viewed, and user activity on a particular page.
• “Cookies” are small files or records that are stored on your computer’s hard drive when you visit a website. To block cookies used on the Services, you can clear your browser(s) of all existing cookies and set your browser(s) to refuse cookies. The “help” functionality of your browser(s) will explain how to do this. If you refuse cookies, your experience on the Services, some Programs, and some of our online advertising may be affected, for example you may not be able to utilize all of the features on the Services. You may opt out of the use of cookies by Google Analytics on websites here.

THIRD PARTY ANALYTICS AND TARGETED MARKETING

Analytics

We partner with third-party Suppliers to engage in analytics, analysis, auditing, measurement, research, and reporting, including without limitation based on Personal or Other Information collected over time, such as through your participation in the Programs, your activity on the Services, and your activity on unaffiliated third-party sites, mobile apps, or other online services. Our Suppliers may use web logs or pixel tags, and/or they may set and access cookies or other Tracking Technologies on your computer or other device. For example, we may use Facebook, Google Analytics, Google Analytics Advertising Features and/or other third party services to help collect and analyze certain information for the purposes described in this Policy, including to evaluate our targeted marketing activities. Also see the “Targeted Marketing” section below. We may use this data in individual, anonymous and/or aggregated form, we may share anonymous and/or aggregated information and/or statistics with others outside of Jimboy’s, and we may allow third parties to collect and aggregate Other Information in connection with the use of Tracking Technologies. Your Personal information may also be used for analytics related to tracking your activities on the Services, for example, whether you participated in a Program, and which links within our Service you clicked on. You may opt out of the use of cookies by Google Analytics on websites here.

Targeted Marketing

We and our Suppliers may implement and evaluate our marketing activities and programs, including to engage in targeted and personalized online advertising on the Services, on third-party websites, mobile apps, TV, or other online or offline services operated by third parties. This marketing may be targeted to you based on Personal or Other Information collected over time, such as through your participation in the Programs, your activity on the Services, your activity on unaffiliated third-party sites, mobile apps, or other online services, other marketing activities and Programs, and/or from third parties with whom we work. We and our Suppliers, including without limitation Facebook, may use Tracking Technologies (as described under “Usage Information” above) to collect information for such marketing and evaluation purposes. For example, our Suppliers may use the fact that you visited the Jimboy’s website to deliver ads to you on non-Jimboy’s websites, or they may use the fact that you used the Jimboy’s mobile app to deliver ads to you on non-Jimboy’s mobile apps. We and our Suppliers may also identify whether our marketing activities and programs resulted in you engaging in other activities on our Services, our advertising and/or marketing, making purchases from us and/or our franchisees, visiting restaurants, or otherwise engaging with us. In addition, we and our Suppliers may target Jimboy’s ads to you on your TV or other online services if we or our Supplier have identified you as a Jimboy’s customer using information we share with them, such as your name, email address, or mailing address.

Cross-Device Technologies

We and our Suppliers may use collected information to establish connections among related web browsers and devices (such as smartphones, tablets, computers, and TVs) for targeted advertising, analytics, attribution, and reporting purposes. We and/or our Suppliers may match your browsers or devices if you log into the same online service on multiple devices or if your devices share similar attributes that support an inference that they are used by the same person or household. This means that your online behavior (information about your activity on websites or apps on your current browser or device) may be combined with information collected from your other browsers or devices. For example, our Suppliers may use this information to deliver an ad on your tablet or smartphone, to limit the number of times you see an ad across your devices, and to help measure the effectiveness of advertising campaigns across devices.

Opt-Out Choices

You may opt out of certain of our or our Supplier’s targeted marketing practices in web browsers and mobile applications by following the instructions below. Please note that the opt-out will apply only to the specific browser or device from which you opt out. You will need to opt out separately on all of your browsers and devices. If you delete or reset your cookies or mobile identifiers, change browsers, or use a different device, any opt-out cookie or tool may no longer work and you will have to opt out again. Note that some Suppliers may also make their own opt-out process available. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising about Jimboy’s – it just will not be tailored to your interests.

• To opt out in web browsers, please visit the Network Advertising Initiative Consumer Opt-Out Page at www.networkadvertising.org/choices, the Digital Advertising Alliance Consumer Choice page at www.aboutads.info/consumers, and the Digital Advertising Alliance of Canada Consumer Choice page at www.youradchoices.ca/choices. Our Services currently do not respond to Do Not Track browser signals, but some of our third-party Suppliers may permit you to opt out using Do Not Track functionality.
• To opt out in mobile apps, please download the Digital Advertising Alliance’s AppChoices tool at www.aboutads.info/appchoices and adjust the advertising preferences on your mobile device. For example, to adjust your advertising preferences in iOS, visit Settings > Privacy > Advertising > Limit Ad Tracking; to adjust your advertising preferences in Android, visit Settings > Google > Ads > Opt out of interest-based ads.

If you would like to request that Jimboy’s limit the use or sharing of your Personal Information for other targeted marketing purposes, such as to deliver targeted ads to you on your TV (where available), or other online service based on your Personal Information, please contact us by accessing our Jimboy’s Support Center at jimboystacos.com/contact-us/. If your Personal information has previously been shared with our Suppliers or other third parties, any request to limit such sharing may not be effective with respect to such previously shared Personal Information. Some of the Suppliers that display our ads on their services may provide you with additional choices to opt out of targeted advertising. For example, social media and TV providers may allow you to control your advertising preferences directly through their services. Please review the privacy policies of the third-party services you use for more information.

CHILDREN’S PRIVACY

The Services are not directed toward children under the age of 13, and we do not knowingly collect any Personal Information from children under the age of 13. If you are between the ages of 13 and 18, please ensure that you use the Services with the permission of a parent or guardian. You must be 18 to use some portions of the Services. If a child under 13 provided this Site with Personal Information, we ask that a parent or guardian contact us by accessing the Jimboy’s Support Center at jimboystacos.com/contact-us, call us at 1-800-546-2697 or write us at Jimboy’s Tacos Corporate Office, 80 Iron Point Road, Suite 105, Folsom CA 95630, so that we may promptly delete the child’s information from our records.

SECURITY AND CROSS-BORDER TRANSFER OF YOUR INFORMATION

Jimboy’s maintains reasonable physical, electronic, and procedural safeguards to protect your Personal Information. Unfortunately though, we can’t guarantee that any safeguards or security measures will be sufficient to prevent a security problem. If you believe your account(s) have been compromised or your member card is lost or stolen, please immediately contact us by accessing the Jimboy’s Support Center at jimboystacos.com/contact-us/ and take immediate action to remove the credit card, Jimboy’s gift card, or other payment information associated with your account(s). Email submissions over the Internet may not be secure, so please do not include any sensitive or confidential information in your message to us.

Personal and Other Information may be transferred to and stored on computers and servers located in the United States and other countries located outside your country of residence. The laws of these countries may not offer a level of privacy protection for Personal Information as great as that offered in your country of residence. Further, Personal Information might be disclosed to governments or law enforcement agencies in these countries where required by law. By agreeing to this Policy, using the Services, and/or sharing your Personal Information with Jimboy’s, you consent to such transfer.

CHOICES AND CHANGING YOUR INFORMATION

We provide you with the ability to review or change certain of your Personal Information and make certain choices about how we use or share Personal or Other Information. You may review, change, or exercise choice regarding certain of your Personal or Other Information as follows:

• To update, verify, or delete certain of your Personal Information, please edit the applicable account. If you need assistance, please contact us by accessing our Jimboy’s Support Center at jimboystacos.com/contact-us. Note that not all fields are able to be changed.
• To opt out of certain analytics tracking, online advertising and third-party tracking, see the “Usage Information” and the “Analytics” and “Opt-Out Choices” subsections of the “Third Party Analytics and Targeted Marketing” section above. To stop sharing your precise location information with us, you may adjust your location preferences on your device.
• To request that Jimboy’s does not share your Personal Information with third parties for their own marketing purposes on a going-forward basis, please contact us by accessing the Jimboy’s Support Center at jimboystacos.com/contact-us/.

In some cases this information may not be immediately updated, subject to retention for Program administration, dispute resolution, troubleshooting, and other valid legal or business reasons. Your historical usage information may remain in our records. Also see the “Usage Information” and “Analytics” and “Opt-Out Choices” sub section of the “Third Party Analytics and Targeted Marketing” section above for other limitations. Other choices may be available within your account page or presented to you in certain marketing communications.

CALIFORNIA PRIVACY RIGHTS

If you are a California resident, the following provisions prevail over any conflicting provisions in other sections of this Privacy Policy.

Under California Civil Code sections 1798.83-1798.84, if you are a California resident, you are entitled to request and receive once a year, free of charge, a notice from us describing what categories of personal customer information (if any) we shared with third parties or Suppliers for their direct marketing purposes during the preceding calendar year. If applicable, the notice will identify the categories of information shared, the names and addresses of the third parties and affiliates with which information was shared. If you are a California resident and would like to request a copy of this notice, please submit a written request to the Jimboy’s Support Center at 80 Iron Point Circle, Suite 105, Folsom CA 95630. In your request, please specify that you want a “California Privacy Rights Notice.” Please allow at least thirty days for a response.

In addition to the rights above, California residents have certain rights under the California Consumer Privacy Act.(“CCPA”). Please see below for our CCPA Privacy Notice:

We have collected the following categories (as defined by the CCPA) of Personal Information regarding California residents within the last 12 months from the sources listed below:

As described in the “How Information Is Used” section above, we share Personal Information with third parties for business purposes such as:

• Reporting relating to particular transactions and interactions, including online interactions, you may have with us or others on our behalf;
• Detecting and protecting against security incidents, and malicious, deceptive, fraudulent or illegal activity, and prosecuting the same;
• Debugging to identify and repair errors in our systems;
• Short-term, transient use including contextual customization of ads;
• Providing services on our behalf or on behalf of another, including maintaining or servicing accounts, providing customer service, fulfilling transactions, verifying identity information, processing payments, and other services;
• Other business purposes described in the “How Information Is Used” Section.

If you are a California resident, you have certain rights related to your Personal Information, including:

• The right to request that we disclose to you:
  • the specific pieces of Personal Information we have collected;
  • the categories of Personal Information we have collected about you;
  • the categories of sources from which the Personal Information is collected;
  • our business or commercial purpose for collecting or selling Personal Information; and
  • the categories of third parties with whom we share Personal Information.
• The right to request that we delete the Personal Information we hold about you.
• The right to opt-out of the sale of your Personal Information. We do not sell and have not sold Personal Information.

You may request to exercise these rights by:

• Calling us toll-free at 1-800-546-2697; or
• By sending an e-mail to: info@jimboystacos.com

We may limit our response to your rights request as permitted under applicable law. The right to disclosure and right to deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of the business’s systems of networks.

As required under California law, please note that we will take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. We may require you to provide your email address to verify your identity in response to exercising requests of the above type. You will, therefore, need access to your email account to receive our communications necessary to process your request. Please make sure to check your spam inbox to ensure these important communications are not missed.

Under California law, you may designate an authorized agent to make a request on your behalf. You may make such a designation by providing the agent with written permission to act on your behalf. We will require the agent to provide proof of that written permission. As permitted by law, we may require you to verify your own identity in response to a request, even if you choose to use an agent.

We may not discriminate against you because of your exercise of any of the above rights or any other rights, subject to the rights and the obligations under the CCPA, including by:

• Denying you goods or services;
• Charging different prices or rates for goods or services, including through the use of discounts, loyalty program, or other benefits or imposing penalties;
• Providing you a different level or quality of goods or services; or
• Suggesting that you will 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 law that can result in different prices, rates, or quality levels. Any 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 contact us with questions and concerns about our privacy policies or practices by contacting us using any of the methods listed in the “For More Information” Section.

THIRD-PARTY SITES

The Services may provide links to web sites or online services not operated by Jimboy’s, including our Supplier(s) related to certain Programs or services offered through the Services (such as gift card purchases). We may also provide you with access to third-party functionality that allows you to post certain content from the Services to your social media account(s). Any information that you post to a third-party site or service is governed by the applicable third party’s site terms and privacy policy. Jimboy’s assumes no responsibility for third-party websites, including but not limited to, the privacy practices of these third-party sites. We encourage you to be aware of this when you leave the Services and/or share information with third parties or the public, and we recommend that you review the privacy policies of such third-party sites.

FOR MORE INFORMATION

If you have any questions regarding our Privacy Policy, please contact us by accessing the Jimboy’s Support Center at jimboystacos.com/contact-us/ or calling 1-800-546-2697.