PRIVACY POLICY

Your privacy is very important to Earl of Sandwich (“EOS”, “we” or “us”), and we are committed to safeguarding your privacy. In this privacy policy (“Privacy Policy”), the use of “You” or “Visitor(s)” refers to any user of the products or services offered on the EOS website (“Website”). All Website use is subject to this Privacy Policy. Unless indicated otherwise, this Privacy Policy applies only to personal information collected through the Website, microsites, or mobile sites that expressly adopt, and display or link to, this Privacy Policy. Please read this Privacy Policy to understand the care with which EOS will treat your information. If you have any questions about our Privacy Policy, please contact EOS at [email protected].

EOS has adopted this Privacy Policy in order to inform you of its policies with respect to information collected from the Website. Your use of the Website constitutes your acceptance of this Privacy Policy and your consent to the practices it describes. This is a Website-only privacy policy and does not apply to the handling of your personal data collected by EOS or its affiliates/owner-operators by means other than the Website.

By accessing, using, browsing or downloading in any way, without limitation, any material on the Website, you agree to and are bound by this Privacy Policy, which may be amended from time to time.

Automatic Collection of Information

Certain information about Website visits is automatically recorded by the standard operation of the internet servers on which the Website is hosted. The information EOS automatically collects may include IP addresses, type of browser being used by you, the number and frequency of visits to the Website, the date and time you access the Website, the length of your stay and the specific pages and links you access while visiting the Website, and demographic information concerning the country of origin of your computer and the language(s) used by it.

Collection of Information by Cookies

The Website uses small files or records that are placed on your computer’s hard drive to distinguish you from other Website visitors. These small files are known as “cookies”. These cookies enable EOS to track how a visitor navigates through the Website and the areas in which they show interest. Information gathered may include date and time of visits, pages viewed, time spent at the site, and the website visited just before and just after a visit to our Website. The Website may use both “session cookies” and “permanent cookies”.

Most computers are standardly programmed to accept cookies, but you can choose to have your browser warn you every time a cookie is being sent to you or you can turn off cookie placements. If you refuse cookies, there may be parts of the Website that may not function properly.

Online Behavioral Advertising

While using the Website, we may collect information about your online activities for use in providing you with advertising about our products and services customized to your individual interests. For example, you may see certain ads from EOS while visiting other websites based on your visits to our Website due to our participation in advertising programs managed by third parties. These advertising programs track your online activities by collecting information through automated means, including through the use of cookies. The information collected is used to show you advertisements and target messaging tailored to your individual interests. The information our third-party advertising vendors collect includes information about your visits to websites that participate in the vendors’ advertising programs, such as the advertisements and pages you view and the actions you take on the websites. This data collection takes place both on the Website and on participating third-party websites. This process also helps us track the effectiveness of our marketing efforts. To learn more about opting out of having your online behavior collected by third-party advertisers for advertising purposes, visit the Digital Advertising Alliance’s opt-out website at https://optout.aboutads.info or, visit each advertiser’s website individually to opt out and review their privacy policies.

Information You Voluntarily Submit

EOS may collect personal information (which may include first and last name, gender, birth date, physical addresses, e-mail address, home or mobile number, frequency of visits to EOS restaurants, online account numbers, and password) when you voluntarily submit it to EOS or voluntarily register as a user of the Website. For example, you may choose to provide us with your personal information in order to participate in sweepstakes or contests or participate in a promotion, place online orders, purchase gift certificates, gift cards, or other merchandise, provide content submissions, register for our EOS eClub, contact EOS, make suggestions, or participate in online interactive activities or marketing research.

Text Messaging

If you’ve signed up for mobile text messaging from EOS, you consent to receive recurring text message alerts regarding exclusive offers and promotions. You understand that you do not have to sign up for this program in order to make any purchase, and your consent is not a condition of any purchase. Standard message and data rates may apply. You can opt out of receiving text messages from EOS at any time. To stop receiving our text messages, text STOP to 23776, or follow the opt-out instructions included in the text messages you receive. You can also opt-out by emailing [email protected]. Include STOP in the subject line and your cell phone number in the body of your email. Text HELP to 23776 for more info, or contact us at [email protected].

Use of Personal Information

EOS will not sell, rent or otherwise distribute your personal information, except as described in this Privacy Policy EOS or service providers acting on behalf of EOS, may use information collected from the Website for any of the following purposes:

send marketing and other communications to our visitors about EOS products or about the products and services of promotional partners that are not owned or affiliated with EOS;
to allow EOS to notify visitors of upcoming events, promotions, or activities on the Website;
to conduct internal reviews of the Website (e.g. to determine the number of visitors to the Website);
to fulfill prizes, awards and purchases;
to respond to specific requests from Website visitors;
to provide any necessary notices to Website visitors;
to conduct marketing research; and
to protect the security or integrity of the Website;
as permitted by, and to comply with, any regulatory or legal requirements; and
for any other purpose to which you consent

We may also share personal information collected on the website with any affiliate of EOS, its franchisees and any other future affiliates.

Social Networking Services

If you choose to access or make use of the third-party social networking services (for example, Facebook, Twitter or other services), we may receive personal information about you that you have made available to those services, including the geographic location of your mobile device and information about your contacts on those services. Some social networking services may allow you to transfer content from our Website to your contacts or to retrieve information about your contacts so you can connect with them on our Website. Some social networking services also will facilitate your registration for our Website or personalize or enhance your experience on our Website. Your decision to use a social networking service is completely voluntary. However, you should make sure you are comfortable with the information your third-party social networking services may make available to our Website by visiting and reviewing the privacy policies of those third party social networking services’ websites and by modifying your privacy settings directly on those websites. Any personal information we receive through third-party social networking services may be used as described above.

Personal Information about Children

EOS’s Website is not intended for use by children under 13 years of age. Accordingly, EOS does not knowingly collect age identifying information or personal information from children under 13 years of age at the Website. EOS hereby advises all visitors to the Website under 13 years of age not to disclose or provide any personally identifiable information on the Website. In the event EOS discovers that a child under the age of 13 has provided personally identifiable information on the EOS Website, EOS will not use this information and will delete the child’s personally identifiable information from the EOS files to the extent technologically possible to maintain compliance with the Children’s Online Privacy Protection Act (“COPPA”). If you have knowledge that a child has provided EOS personal information please contact EOS at [email protected].

Personal Information

EOS strives to maintain precautions, internal controls and procedures to ensure that the personal information you share with EOS is handled in a safe, secure and responsible manner. EOS employs security measures and safeguards to help protect the confidentiality and integrity of personal information and to reduce the risk of loss, unauthorized access, misuse, disclosure or alteration of the information in EOS’s control. Remember that any information or data transmitted electronically using the internet may not be absolutely secure. EOS assumes no liability for the loss of any information that you transmit to us using the internet.

Credit Card

Because your credit card security is a high priority, EOS and EOS’s third party processing merchants take numerous steps to ensure your payment information is processed confidentially. Website use is secured during transmission using industry standard e-commerce security technology such as Transport Layer Security (TLS) and its predecessor, Secure Sockets Layer (SSL), encryption technology. EOS uses TLS and SSL technology to prevent such information from being intercepted and read as it is transmitted over the Internet.

EOS understands if you do not feel comfortable sending your credit card information to us over the Internet; therefore, EOS will accept your valid payment when you visit an EOS restaurant location or contact an EOS restaurant location via telephone. If you wish to purchase a gift card please visit the nearest EOS restaurant and indicate that you wish to purchase a gift card.

Linking To Third Party Websites

When you click on Website links that may navigate you to a third-party website, you will be subject to the third party’s privacy policies. While EOS supports the protection of privacy on the internet, EOS cannot be responsible for the actions of any third-party websites. EOS encourages you to carefully read and review the posted privacy statement of any and every website you visit, whether you are linking from the Website or browsing on your own.

United States Only

Our Website is intended for use by residents of the United States of America only. If you are located outside of the United States and you are visiting the Website, or if you otherwise contact EOS, please be advised that any information you provide to us will be transferred to the United States and that by submitting information you explicitly authorize this transfer and the processing of this information within the United States.

Your California Privacy Rights

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (1) a list of the categories of personal information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. To request the above information, please e-mail us at: [email protected], or write to us at: Earl of Sandwich USA, ATTN: Privacy Enforcement, 4700 Millenia Blvd, Suite #400, Orlando, Florida 32839, with a specific reference to California Disclosure Information. We will respond to such written requests within 30 days following receipt at the e-mail or mailing address stated above. If we receive your request at a different e-mail or mailing address, we will respond within a reasonable period of time. Please note that we are only required to respond to each customer once per calendar year.

Access to and Managing Your Information

To inquire about any portion of this Privacy Policy or our privacy practices, your personal information, updating your personal information, or if you want to “opt out” of receiving future marketing communications, please do one of the following:

Send an email with your request and current contact information to [email protected]; or
Send a request in writing with your current contact information to:

Earl of Sandwich
Attn: Privacy Enforcement
4700 Millenia Blvd
Suite #400
Orlando, Florida 32839

Opting Out

Email: You can opt out of receiving our marketing emails at any time. To stop receiving our marketing emails, email us at [email protected] or follow the unsubscribe instructions included at the end of any marketing email you receive from us. Please note, however, that opting out of these emails will not stop operational or transactional emails, such as order confirmation or customer service email responses. If you notify us by email or letter request, be sure to include your full name, address, phone number and email address and indicate the specific nature of your request. If you want to “opt in” or “opt out” from receiving email marketing communications, specify the type of email marketing communication you wish to receive or stop receiving. EOS will take appropriate steps to implement your request. It may take up to ten (10) business days until the change(s) take effect. You may still receive or not receive marketing communications from EOS.

Messaging: You can opt out of receiving text messages from EOS at any time. To stop receiving our text messages, text STOP to 23776, or follow the opt-out instructions included in the text messages you receive. You can also opt-out by emailing [email protected]. Include STOP in the subject line and your cell phone number in the body of your email.

Privacy Policy Changes

We may modify, update or supplement this Privacy Policy from time to time, so we encourage you to review our Privacy Policy frequently. Privacy Policy changes will apply to the information collected from the date we post the revised Privacy Policy to the Website, as well as to existing information held collected and maintained by us. If we decide to change this policy in a material way, we will obtain the necessary consents required under applicable privacy laws if we seek to collect, use or disclose personal information for purposes other than those to which consent has been obtained, unless otherwise required or permitted by law. We will update the date at the top of our Privacy Policy each time we make changes.

Privacy Policy Violations

If at any time you believe EOS has not adhered to the policies and principles set forth in the Privacy Policy, please notify EOS via email at [email protected] or via mail at:

Earl of Sandwich
Attn: Privacy Enforcement
4700 Millenia Blvd
Suite #400
Orlando, Florida 32839

Privacy Statement – California

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of Earl of Sandwich (USA), LLC and its subsidiaries (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:

Category	Examples	Collected
A. Identifiers.	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.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	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. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	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).	YES
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	NO
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Job applicant data.	YES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

Personal information does not include:

Publicly available information from government records.
De-identified or aggregated consumer information.
Information excluded from the CCPA’s scope, like:
- 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;
- personal 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.

We obtain the categories of personal information listed above from the following categories of sources:

Directly from you or your agents. For example, any information you provide to us related to services we provide.
Directly from activity on our website. For example, information gathered from cookies which you consent to.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

To fulfill or meet the reason for which the information is provided to provide you with information, products or services that you request from us.
To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
To improve our website and present its contents to you.
For testing, research, analysis and product development.
As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
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 or as otherwise set forth in the CCPA.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. For example, we use Fishbowl to manage our eClub Program and Olo for our online ordering.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A:    Identifiers.
Category B:     California Customer Records personal information categories.
Category C:     Protected classification characteristics under California or federal law.

Category D: Commercial information.
Category F: Internet or other similar network activity.

Category I: Professional or employment-related information.

We disclose your personal information for a business purpose to the following categories of third parties:

Our affiliates.
Service providers.
Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
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, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Calling us at 866.326.2288.
E-mailing [email protected]

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access, deletion, or data portability twice within a 12-month period. The verifiable consumer request must:

Include the following information: (1) your name; (2) your date of birth; (3) your physical address; (4) your email address; and (5) any other documentation supporting your request, as applicable.
A copy of government issued photo identification which includes your name and date of birth.
Include a declaration under penalty of perjury that the information you have provided is true and accurate.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
Be notarized (unless prohibited by local or state regulations).

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your 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 we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 866.326.2288
Website: earlofsandwichusa.com
Email: [email protected]

Postal Address:
Earl of Sandwich (USA), LLC
Attn: California Privacy Enforcement
4700 Millenia Boulevard
Suite 400
Orlando, Florida 32839