California Privacy Notice
Last Updated: January 1, 2020
Scope of Notice
This California Privacy Notice (the “Notice”) supplements the information contained in our Privacy Policy and applies solely to individual residents of the State of California (“consumers” or “you”).
This Notice provides additional information about how we collect, use, disclose and otherwise process Personal Information (defined below) of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (the “CCPA”).
Unless otherwise expressly stated, all terms in this Notice have the same meaning as defined in our Privacy Policy or as otherwise defined in the CCPA.
Collection and Use of Personal Information
When we use the term “Personal Information” in this Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
For the purposes of this Notice, Personal Information does not include:
- Publicly available information from government records.
- Deidentified, aggregated or anonymized information that is maintained in a form that is not capable of being associated with or linked to you.
- Information excluded from the CCPA's scope, such as:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
- Information relating to our job applicants, employees, contractors and other personnel.
In the last 12 months, we have collected the following categories of Personal Information from the following sources of Personal Information for the following purposes, which reference the Personal Information, sources and purposes described in the How Does Au Bon Pain Obtain Personal Information? and How Does Au Bon Pain Use The Information It Holds? sections of our Privacy Policy:
| Category of Personal Information | Categories of Sources | Commercial or Business Purpose |
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| Identifiers, such as name, address, zip code, email address, telephone number, eClub number and password, persistent online identifier (e.g. persistent cookie, IP address), tax exempt status information, social media identifiers and identifiers used by Au Bon Pain for internal purposes. |
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| California Customer Records (Cal. Civ. Code § 1798.80(e)), such as telephone number, certain financial information for payment processing, log in authentication codes for your eClub account, certain information about social media accounts that you wish to link to us, eClub account information and gift card numbers and PIN. |
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| Protected Classification Characteristics, such as month and day of birth and gender expression. |
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| Commercial Information, such as purchase/transaction history. |
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| Internet/Network Information, such as device name, device ID, browsing history, browser type, interaction with website or online advertisement. |
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| Geolocation Data, such as your precise geographic location, longitude and latitude. |
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| Sensory Information, such as taste preferences. |
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Professional/Employment Information, such as job title and employer.
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| Other Personal Information, such as inquiry information, your questions/feedback to us, survey responses, tax exempt status information, and the active/inactive status of your Au Bon Pain account. |
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| Inferences, such as inferences and analytics based on your purchase/transaction history, preferences that you provide us or that we observe (e.g. dietary preferences, whether you prefer to visit Au Bon Pain alone or in a group, communication opt in/out status). |
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In addition to the specific commercial and business purposes identified above, the following “Common Purposes” apply to all categories of Personal Information we collect:
- To better serve you;
- To provide you our services;
- To enhance our services
- To protect our online security;
- For research purposes;
- To prevent fraud;
- To comply with legal process and our legal obligations;
- For business transactions;
- As otherwise provided in our agreements with you.
Disclosure of Personal Information
In the last 12 months, we have disclosed for a business purpose and sold the following categories of Personal Information, which reference the categories of Personal Information described above:
| Category of Personal Information | Disclosure for a Business Purpose | Sold* |
|---|---|---|
| Identifiers, such as name, address, zip code, email address, telephone number, eClub number and password, persistent online identifier (e.g. persistent cookie, IP address), tax exempt status information, social media identifiers and identifiers used by Au Bon Pain for internal purposes. |  |
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| California Customer Records (Cal. Civ. Code § 1798.80(e)), such as telephone number, certain financial information for payment processing, log in authentication codes for your ordering account, certain information about social media accounts that you wish to link to us, eClub account information and gift card numbers and PIN. | |
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| Protected Classification Characteristics, such as month and day of birth and gender expression. | |
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| Commercial Information, such as purchase/transaction history. | |
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| Internet/Network Information, such as device name, device ID, browsing history, browser type, interaction with website or online advertisement. | |
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| Geolocation Data, such as your precise geographic location, longitude and latitude. | |
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| Sensory Information, such as taste preferences. | |
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| Professional/Employment Information, such as job title and employer. | |
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| Other Personal Information, such as inquiry information, your questions/feedback to us, survey responses, tax exempt status information, and the active/inactive status of your Au Bon Pain account. | |
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| Inferences, such as inferences and analytics based on your purchase/transaction history, preferences that you provide us or that we observe (e.g. dietary preferences, whether you prefer to visit Au Bon Pain alone or in a group, communication opt in/out status). | |
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*Au Bon Pain does not “sell” personal information about our customers as most people would typically understand that term. However, we do allow certain third-party advertising partners to collect information about the users of our Services for the purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for fraud detection and reporting. To the extent this practice is interpreted to constitute a “sale” under the CCPA, please see the Does Au Bon Pain Disclose Personal Information Obtained Through The Services To Third Parties? and Do I Have Control Over Information That Au Bon Pain Collects? sections of the Privacy Policy for more information about how we share Personal Information within Au Bon Pain and with a variety of third parties for our business purposes.
Your California Privacy Rights
As a California resident, you may be able to exercise the following rights in relation to the Personal Information about you that we have collected (subject to certain limitations at law):
The Right to Know
You have the right to request any or all of the following information relating to the Personal Information we have collected about you or disclosed in the last 12 months, upon verification of your identity:
- The specific pieces of Personal Information we have collected about you;
- The categories of Personal Information we have collected about you;
- The categories of sources of the Personal Information we have collected about you;
- The categories of Personal Information that we have disclosed about you to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;
- The categories of Personal Information we have sold about you, and the categories of third parties to whom this information was sold; and
- The business or commercial purposes for collecting or selling Personal Information about you.
The Right to Request Deletion
You have the right to request the deletion of Personal Information that we have collected from you, subject to certain exceptions.
The Right to Opt-Out of Personal Information “Sales”
You have the right to direct us not to “sell” Personal Information we have collected about you to third parties, as the term “sell” is defined in the CCPA, now or in the future.
If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales.
The Right to Non-Discrimination
You have the right not to receive discriminatory treatment for exercising any of the rights described above.
However, please note that if the exercise of the rights described above limits our ability to process Personal Information (such as in the case of a deletion request), we may no longer be able to provide you our products or services or engage with you in the same manner.
“Shine the Light”
California residents that have an established business relationship with us have rights to know how their information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code § 1798.83).
How to Exercise Your California Privacy Rights
To Exercise Your Right to Know or Right to Deletion
To exercise your right to know and/or right to deletion, please submit a request by:
- Filling out our California Rights Request Form,
- Calling us at 1.800.TALK-ABP and asking to exercise your California privacy rights, or
- Asking the manager of a California café for assistance (if available).
We will need to verify your identity before processing your request. In order to verify your identity, we will generally either require the matching of sufficient information you provide us to the information we maintain about you in our systems. Although we try to limit the Personal Information collected in connection with a request to exercise the right to know or the right to deletion to the Personal Information submitted through the California Rights Request Form, certain requests may require us to obtain additional Personal Information from you. In certain circumstances, we may decline a request to exercise the right to know and/or right to deletion, particularly where we are unable to verify your identity.
TO EXERCISE YOUR RIGHT TO OPT-OUT OF “SALES”
As noted above, Au Bon Pain does not “sell” personal information about our customers as most people would typically understand that term. However, we do allow certain third-party advertising partners to collect information about the users of our Services for the purposes of serving ads that are more relevant, for ad campaign measurement and analytics, and for fraud detection and reporting. To the extent this practice is interpreted to constitute a “sale” under the CCPA, please see the Does Au Bon Pain Disclose Personal Information Obtained Through The Services To Third Parties? and Do I Have Control Over Information That Au Bon Pain Collects? sections of the Privacy Policy for more information about how we share Personal Information within Au Bon Pain and with a variety of third parties for our business purposes.
Minors Under Age 16
We do not “sell” the Personal Information of consumers we know to be less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the minor who is between 13 and 16 years of age, or the parent or guardian of a minor less than 13 years of age.
“Shine the Light”
To ask us for a notice describing what categories of personal information Au Bon Pain shares with third parties or affiliates for those third parties or affiliates’ direct marketing purposes and identifying the name and address of the third parties that received such personal information, please submit a written request to the address provided in the Contact Information section of our Privacy Policy and specify that you want a copy of your “Shine the Light” California Privacy Rights Notice.
Financial Incentives
We currently offer the following financial incentives in exchange for the retention or sale of Personal Information:
- The eClub Program: We offer the eClub rewards program to any consumer who wishes to join, consistent with our Terms and Conditions (linked below). Consumers who choose to join eClub will receive rewards based on their purchases with us and learn about special events in the Au Bon Pain community.
- Terms of the Program. Please click here to review the material terms of the eClub Program, which are in our Terms of Use.
- Categories of Personal Information Implicated. The eClub Program collects the following categories of Personal Information (as previously described above):
- Identifiers
- California Customer Records
- Commercial Information
- Internet/Network Information
- Geolocation Data
- Professional/Employment Information
- Other Personal Information
- Inferences
- How to Opt-In. Please click here to visit our homepage and click “eClub” in the footer to join the Au Bon Pain eClub.
- How to Opt-Out at Any Time. You may withdraw from the eClub Program at any time. To exercise your right to opt out, contact our Customer Care Center at feedback@aubonpain.com.
Updates to This Notice
We will update this Notice from time to time. When we make changes to this Notice, we will change the "Last Updated" date at the top of this page. If we make material changes, we will notify you by email to your registered email address, by prominently posting on our Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided in the notification.
Contact Us
If you have any questions or requests in connection with this California Notice or other privacy-related matters, please send a message to our Customer Care Center at feedback@aubonpain.com.
Alternatively, inquiries may be addressed to:
Au Bon Pain
3304 Essex Dr
Richardson TX 75082
Richardson TX 75082
Attention: Guest Services
Phone: 1.800.TALKABP or 1.800.825.5227