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California Privacy Policy

Effective as of: January 13, 2025

Last Updated: January 13, 2025

As a California resident, you have certain rights over our collection, use and disclosure of your personal information under the California Consumer Privacy Act of 2020 (“CCPA”). Specifically, the CCPA grants consumers the right to (i) know how a business uses and shares their personal information; (ii) delete personal information that a business collected from them; (iii) opt-out of the sale of their personal information; and (iv) non-discrimination for exercising their rights under the CCPA.

This California Privacy Policy supplements our Privacy Policy and applies to California residents whose information we collect. This CCPA does not apply to:

  • Personal information we collect from potential and current employees, contractors and other personnel; or
  • Medical information governed by the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1) or protected health information that is collected by a covered entity or business associate governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services, Parts 160 and 164 of Title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191) and the Health Information Technology for Economic and Clinical Health Act (Public Law 111-5);
  • Information collected as part of a clinical trial subject to the Federal Policy for the Protection of Human Subjects; or
  • Any activity involving the collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency, as defined in subdivision (f) of Section 1681a of Title 15 of the United States Code, by a furnisher of information, as set forth in Section 1681s-2 of Title 15 of the United States Code, who provides information for use in a consumer report, as defined in subdivision (d) of Section 1681a of Title 15 of the United States Code, and by a user of a consumer report as set forth in Section 1681b of Title 15 of the United States Code;
  • Any activity involving the collection, maintenance, disclosure, sale, communication, or use of such information by that agency, furnisher, or user is subject to regulation under the Fair Credit Reporting Act, section 1681 et seq., Title 15 of the United States Code and the information is not used, communicated, disclosed, or sold except as authorized by the Fair Credit Reporting Act;
  • Personal information collected, processed, sold, or disclosed pursuant to the federal Gramm-Leach-Bliley Act (Public Law 106-102), and implementing regulations, or the California Financial Information Privacy Act; or
  • Personal information collected, processed, sold, or disclosed pursuant to the Driver’s Privacy Protection Act of 1994 (18 U.S.C. Sec. 2721 et seq.).

PERSONAL INFORMATION WE COLLECT FROM CALIFORNIA RESIDENTS AND THE PURPOSE FOR WHICH IT IS COLLECTED

The CCPA defines personal information as information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer/resident or household. Personal information does not include (i) publicly available information made available from federal, state or local government records or (ii) customer information that has been de-identified or is aggregate consumer information maintained in a form that is not capable of being associated with or linked to you.

The CCPA enumerates specific categories of information (discussed below) that we must inform California residents that we collected in the past twelve (12) months, the purpose for collecting each category of information, the source of such personal information and whether we disclosed or sold the information in each such category. we may collect (and have collected in the past 12 months) personal information that falls into the following categories identified under the CCPA:

1. Identifiers, such as name, postal address, IP address, email address, or other similar identifiers.

2. Customer Records Personal Information, such as, telephone number, credit card number, debit card number, or any other financial information.

3. Characteristics of protected classifications under California or federal law, such as age and gender.

4. Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

5. We do not collect your biometric information.

6. 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 website, application, or advertisement.

7. Geolocation data, locational information based upon your IP address or collected from your device.

8. Audio, electronic and visual information (as permitted by law) including recordings of calls to or from our customer service department; and/or video surveillance information from our company-owned and/ or franchised Huey Magoo’s restaurants.

9. Professional or employment-related information from job and franchisee applicants.

10. Non-Publicly Available Education information, from job and franchisee applicants.

11. Inferences drawn from any of the information identified above. We can draw references from any of the categories of information discussed above to create a profile reflecting the consumer’s preferences and interests.

We collect this personal information directly from you, as well as other sources, such as, our franchisees, third parties you direct to share information with us, your browser or device, social networks and information generated from your purchases, online browsing, usage activities and information collected from our social media, advertising and analytics partners.

Huey Magoo’s collects and uses your personal information to:

  • Enhance and personalize your overall Huey Magoo’s experience;
  • Fulfill your requests, process your transactions, and provide services to you;
  • Communicate with you directly;
  • Send you marketing communications in accordance with your preferences; and
  • Analyze and improve our products and services, as well as our targeted advertising.

INFORMATION WE DISCLOSE

In our Policy Statement in the section entitled “How we Share Your Personal Information”, we discuss that we may share your information with third parties for business purposes and that we do not sell your personal information. Under the CCPA, we must disclose the categories of personal information that may share (and have shared in the last 12 months), which includes the following:

  • Identifiers/Contact Information, disclosed to our affiliates, our franchisees, payment processors, advertising, marketing, and promotional service providers, data analytics companies, and delivery service providers;
  • Commercial Information, disclosed to our affiliates, our franchisees, payment processors, advertising, marketing, and promotional service providers, data analytics companies, and delivery service providers;
  • Internet/Electronic Activity, disclosed to advertising, marketing, and promotional service providers, social media networks, data analytics companies, marketing service companies;
  • Geolocation Information, disclosed to our affiliates, payment processors, advertising, marketing, and promotional service providers, delivery service providers; and
  • Inferences, disclosed to our affiliates, advertising, marketing, and promotional service providers and data analytics companies.

Information that we provide to our service providers, payment processors and data analytics companies is used for a variety of purposes including:

  • Performing services on our behalf, which may include fulfilling and processing transactions, providing marketing and advertising services, administering our email and text message marketing programs, data and analytics services, web hosting, administering our contests and sweepstakes;
  • Performing analytics and conducting marketing research to understand users’ experiences and how we can better improve our products and enhance our services; and
  • Delivering advertising and personalized marketing content to you, based upon your purchase history and preferences.

Please note that the data collection and privacy practices that we apply when collecting, using and disclosing any personal information we collect from California residents does not differ from the data collection and privacy practices discussed above. As such, you should read this section in conjunction with the rest of our Privacy Policy.

YOUR CALIFORNIA CONSUMER RIGHTS

Under California law, California residents are granted certain rights with respect to the personal information that businesses collect about them, and how businesses use and disclose such personal information. We have disclosed those rights below.

Your Right To Know:

You have the right to request (upon verification of your identity) that we disclose to you:

1. The categories of personal information it has collected about you.

2. The categories of sources from which the personal information is collected.

3. Our business or commercial purpose for collecting, selling or sharing personal information.

4. The categories of third parties with whom we share personal information.

5. The specific pieces of personal information we collected about you.

6. The categories of personal information that we sold or disclosed about you to third parties.

Your Right to Request that we Delete Your Personal Information:

You have the right to request (upon verification of your identity) that we delete any personal information that we have collected about you. However, it is important to understand that we may not be able to comply with your request if:

1. We need your personal information to (i) complete a transaction for which your personal information was collected; (ii) provide a product or service to you that you requested; (iii) continue our ongoing business relationship with you; or (iv) otherwise perform a contract between you and us.

2. We detect security incidents, need to protect against malicious, deceptive, fraudulent, or illegal activity; or need prosecute those responsible for that activity.

3. We need to identify, debug and repair errors that impair existing intended functionality of our Online Services.

4. It is in order to exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.

5. We need to comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.

6. We need to engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, and the deletion of your personal information is likely to render impossible or seriously impair the achievement of such research, if you had provided informed consent.

7. It is needed solely for internal uses that are reasonably aligned with your expectations based on your business relationship with us.

8. We need to comply with a legal obligation.

9. We otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Your Right To Correct Inaccurate Information: If you believe that personal information we maintain about you is inaccurate, you have the right to request that we correct that information. To submit a request to correct, please contact us at Legal@HueyMagoos.com.

Your Right To Opt-Out of our Sales or Sharing of Your Personal Information:

As previously disclosed in the section entitled “Information we Disclose”, we do not sell your personal information. However, the CCPA broadly defines the term “sale”, which means that our current use of your information and our possible future activities may qualify as a sale of your personal information. You have the right to opt out of the sale of your personal information, at any time, and to request that we not share your personal information to third parties (collectively, your “Right to Opt-Out”). Unless you exercise your “Right to Opt-Out”, then we may sell your personal information for monetary or other consideration.

To exercise your Right-to-Opt-Out, please fill out our interactive form at this link: Do Not Sell or Share My Information.

We understand that there are some companies that have developed or are developing technologies that would transmit a “Do Not Track” signal to Online Services you visit with information indicating that you do not want your activity to be tracked. We do not currently monitor or take any actions to respond to “Do Not Track” signals, because a uniform technological standard has not yet been developed. we continue to review new technologies and may adopt a standard once a uniform standard is created.

Right to Limit use and Disclosure of Sensitive Personal Information:

We collect certain sensitive personal information (as defined in the CCPA). However, we do not use or disclose such information for any purpose outside of the limited permissible purposes set forth in the regulations implementing the CCPA. Such purposes include providing the services you requested and verifying, maintaining the quality of and improvement us such services. Since we do not use or disclose sensitive personal information for purposes that, under applicable law, we are not required to offer consumers a “Right to Limit” the use or disclosure of sensitive personal information.

Your Right to Non-Discrimination:

You have the right not to be unlawfully discriminated against by us for exercising your rights under the CCPA. However, please understand that if you exercise your rights under the CCPA, then we may be limited in our ability to offer or provide you with certain products and services.

Your Right To Know our Financial Incentives:

As a California resident, you have the right to know if we offer consumers financial incentives (and the material terms of such offer) to collect, sell or delete their personal information. Additionally, we cannot enroll a California resident into any financial incentive program without such person’s written consent. We currently do not offer any such financial incentives.

CHILDREN UNDER 16 YEARS OF AGE

Under the CCPA, a business cannot sell the personal information of consumers if the business has actual knowledge that the consumer is less than 16 years of age, unless the consumer, in the case of consumers between 13 and 16 years of age, or the consumer’s parent or guardian, in the case of consumers who are less than 13 years of age, has affirmatively authorized the sale of the consumer’s personal information (“Right to Opt In”).

Our Online Services are general audience Online Services and we do not target or intend to collect personal information from children. We do not sell the personal information of consumers that we know are under 16 years old, unless the children between 13 and 16 years of age or the parent/guardian of the child under 13 years old has exercised their Right to Opt-In. Although we have previously noted that we do not sell personal information, the CCPA’s definition of a “sale” is overly broad. As such, please contact us at Legal@HueyMagoos.com to inform us if you, or your minor child, are under the age of 16.

EXERCISE YOUR RIGHTS UNDER THE CCPA

To exercise Your Right to Know and Your Right to our Deletion of Your Personal Information, please send an email to Legal@HueyMagoos.com with “Exercise California Privacy Rights” as the subject line or mail us a letter to: Huey Magoo’s Restaurants, LLC, Attention: Legal Department, 6220 Hazeltine National Drive, Suite 110, Orlando, Florida 32822.

Please note that we will need to verify your identity before we can process your request, which may entail us requesting that you provide us with additional personal information. We will only use this additional personal information for the sole express purpose of verifying your identity, so that we can comply with your request. If we are unable to verify your identity (whether as a result of your unwillingness to provide us with the additional, or for some other reason), then we will provide you with a letter explaining why we are unable to process your request.

Agent Authorization
You may designate an authorized agent to request any of the above rights on your behalf. You may make such a designation by providing the agent with written permission, signed by you, to act on your behalf. Your agent may contact us as set forth below in “Contact us” to make a request on your behalf. Even if you choose to use an agent, as permitted by law, we may require verification of the agent’s authorization to act on your behalf, require you to confirm you have authorized the agent to act on your behalf, or require you to verify your own identity.

APPEALS

If you would like to submit an appeal regarding our response to a request, you may appeal by contacting us at Legal@HueyMagoos.com.

CALIFORNIA “SHINE THE LIGHT” LAW

Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), if you are a California resident who has established a business relationship with us and has provided us with certain personal information over the last twelve (12) months, then you have the right to make a written request and obtain from us, free of charge, about how we shared your personal information with third parties for their own direct marketing use. You may make such written requests once per calendar year for information about how we shared your personal information with third parties in the prior calendar year. To make such a request, please send an email to Legal@HueyMagoos.com with “California Privacy Rights” as the subject line or mail us a letter to: Huey Magoo’s Restaurants, LLC, Attention: Legal Department, 6220 Hazeltine National Drive, Suite 110, Orlando, Florida 32822. You must include your full name, email address, and a current California postal address in your request, and also attest to the fact that you are a California resident.

UPDATES TO THIS CALIFORNIA PRIVACY POLICY

We will update this California Privacy Policy from time to time. When we make changes to this California Privacy Policy, we will change the “Last Updated” date at the beginning of this California Privacy Policy. All changes shall be effective from the date of publication unless otherwise provided in the notification.

CONTACT US

If you have questions about our privacy practices, would like to make a complaint, or to request a printable version of this Privacy Policy, please email us Legal@HueyMagoos.com.