EFFECTIVE DATE: 1/1/2021
Our goal is to collect and use only that Information that we think is required for our legitimate business interests, or that helps us to better understand your interests and improve your experience of using the Services and the products and services accessible through or provided by our restaurants.
1. INFORMATION WE COLLECT OR RECEIVE
Information Collected Directly from You
You can browse our Services without telling us your name or revealing other personal information about yourself. The information that we may receive and collect from you depends on what you do when you access the Services. We do not collect any personal information from you when you use the Services unless you provide us with the personal information voluntarily. For instance, if you create an account for online ordering, make reservations online or via our mobile applications, fill out customer comment cards, participate in a promotion, or join our customer loyalty programs or email lists, you give us your personal information. You may also give us your personal information when requesting that we contact you. For example, account information may include name, date of birth, email address, physical address, mobile number, or similar information. When you create an account or otherwise engage with our Services, you may provide certain additional information such as username and password. You may also provide payment information such as credit or debit card information, and name and billing address.
Surveys and Promotions
From time to time, we may receive Information from you via surveys or contests or sweepstakes. Participation in these surveys, contests or sweepstakes is completely voluntary. Contact information may be used to notify the winners, award prizes and file winners’ information as required by law. Survey information will be used for the purpose(s) of the survey.
Content You Post
Some aspects of the Services are designed to enable you to communicate with others. Any information or content you post when utilizing the Services and social media sites, plug-ins or other applications becomes public information, depending upon your privacy settings, and is subject to redistribution by P.F. Chang’s and other third parties. There is no expectation of privacy when posting content or otherwise participating in such interactive forums and we have no control over how other users may use the information you make public. Therefore, you should exercise caution and discretion when disclosing your personal information in a public submission or online posting.
Information from Social Networks
We may collect your zip/postal code and information regarding your mobile carrier, regional location and, if you opt in, Geo-location as described in Section 2, below. Data obtained from you in connection with mobile text (SMS) or push notification services may include your cell phone number, your mobile carrier’s name, the date, time and content of your messages, and other information you provide to us.
2. INFORMATION COLLECTED THROUGH TRACKING TECHNOLOGIES
In addition to any Information that you choose to submit to us, we and our business partners may use a variety of tracking technologies such as cookies, web beacons/GIFs, HTML5, embedded scripts, and e-tags/cache browsers/web logs (“Tracking Technologies”), to automatically collect certain information from your computer, mobile, or other device (“Device”) whenever you visit or interact with the Services or third party websites. This information may include your Device identifier, the type and version of Internet browser software you use, and your operating system. We may also collect password information from you when you log in, as well as computer and connection information. During some visits, we may use these tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction and conversion information. Certain features of our Services are only available through the use of Tracking Technologies. Tracking Technologies are used for a variety of purposes, including the following:
We may use Tracking Technologies required for system administration, to prevent fraudulent activity, improve security or allow you to make use of our Services’ functionality.
We may use Tracking Technologies to assess the performance of our Services, including as part of our analytic practices to improve the content offered through the Services. We may use Tracking Technologies to tell us, for example, whether you have visited the Services before or if you are a new visitor, and to help us identify the features in which you may have the greatest interest. We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, ad exchanges, and ad servers with which we work use third-party analytics services (e.g., Google Analytics) to evaluate your use of the Services, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Services and mobile and Internet usage. For example, we use Google to serve third party cookies (such as Google Analytics cookie) to report how our ad impressions and interactions with these ad impressions and ad services are related to visits to the Services. To learn about Google Analytics opt-outs for the web or mobile, click here.
We may use Tracking Technologies to deliver content, including ads, relevant to your interests on the Services and third-party sites based on how you interact with our advertisements or content as well as to track the content you access. For more information on interest-based advertising and your choices for opting out, see Section 3 (Targeted Advertising).
Location and Geo-location Functionality
Information gathered from your use of the Services may be combined with information from third-party sources to identify your location by state and region (“Regional Location”), which we may use to serve you appropriate local content and advertising. Certain of our mobile applications also have search functionality that gathers aggregate location data about visitors who are in or near our restaurants, and when visitors opt in, allows us to collect information about their precise geographic location (“Geo-location”). We may use GPS, Wi-Fi, Bluetooth or cell tower proximity to determine Geo-location. If you agree to have your Geo-location collected, we may use and retain that precise location data to provide you with information about restaurants in your area or carry out marketing and other activities contemplated by our mobile applications and by this Policy. When you have Geo-location software running on your Device, we may only collect that information as controlled by your privacy settings on your Device. For most mobile Devices, you can withdraw your permission for P.F. Chang’s to acquire this information on your location through the Device settings. If you have questions about how to disable your Device’s location services, we recommend you contact your mobile Device service provider or the Device manufacturer.
To better understand your purchasing preferences, we may use third party vendors that use Tracking Technologies that recognize and collect information about your Devices that you may use to connect with our Services and the Internet. When these tools are enabled, the data that we and our third-party service providers collect about these Devices is used to enable advertising or other information across Devices to deliver more relevant information to you, or to measure the effectiveness of our Services and advertising across different Devices. When you access our Services on a specific Device, a unique ID is created for that Device that allows us and our third-party vendors to deliver relevant content and advertising based on your interests gathered across multiple sites and applications. This data may be combined with the same information from another browser or Device if you use multiple browsers or Devices. You may opt-out of this tracking information collection for use in serving interest-based ads by going to http://optout.aboutads.info/#!/. Please note that this does not opt you out of being served ads; you will continue to receive ads that are not customized for you. This opt-out applies to the specific Device/browser combination on which you are browsing. To opt-out of other Device/browser combinations, you will need to opt-out of those as well.
3. ADVERTISING & ANALYTICS SERVICES
You also can prevent your receipt of interest-based ads from us on websites by deleting and declining cookies in your browser(s). Please note that the opt-out is cookie-based and will only affect the specific computer or mobile application, and browser or operating system, on which the opt-out is applied. Some newer mobile device operating systems allow you to limit the use of information to deliver interest-based advertising in mobile applications. You can check the settings on your Device for such options in your Device’s operating system.
Alternatively, you may wish to download the Digital Alliance “App Choices” mobile application and follow the instructions provided.
Browser “Do Not Track” Signals
Some third-party browsers provide “do not track” machine-readable signals for websites, which are automatically applied by default and therefore do not necessarily reflect our visitors’ choice as to whether they wish to receive advertisements tailored to their interests. As a result, we do not respond to these signals.
4. HOW WE USE AND SHARE YOUR INFORMATION
Our Use of Customer Information
We may use Information that we collect about you: (1) to inform you about our products and services and respond to your requests; (2) to fulfill orders or reservations made by you; (3) to send you special offers for our restaurant services that may be of interest to you; (4) to provide customer service and solicit feedback from you; (5) to administer a contest, sweepstakes, or promotion; (6) to administer our customer loyalty programs; (7) to provide information to third parties at your request; (8) to improve our Services and to customize your experience; (9) for internal business purposes; and (10) for purposes disclosed at the time you provide your Information, or as otherwise set forth in this Policy.
We may disclose Information to our third-party service providers in order to monitor the activity of Services, conduct surveys and administer contests or sweepstakes, send marketing communications, and provide other Services to you, such as to fulfill gift card orders (U.S. Postal Service, Canada Post, or other delivery companies we or you select) and provide customer service. We also engage third-party companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, customer service, marketing assistance, and administration of promotional programs. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law
Analyze and Aggregate Non-Personal Information
We use aggregate information about our users and non-personal Information to analyze the Services and user behavior and prepare aggregated reports. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the Services to current and prospective business partners and investors and to other third parties for other lawful purposes.
Information may be disclosed to process credit card transactions, which are handled by established third-party banking, processing agents and distribution institutions. They receive the Information needed to verify and authorize your credit card or other payment information and to process your order. In addition, we may disclose Information to third parties to verify the authenticity of any financial transaction involving P.F. Chang’s or its subsidiaries or to update your billing information.
Communicate with You and Third Parties at Your Request
We use your Information to contact you about your orders, reservations or other requests, as described at the time when we collect the Information, or to contact you for other purposes authorized by law.
When you access Services on a mobile Device, we may use the Information collected for any purpose set forth in this Policy. For example, we may use this Information to provide you with location-based services, such as locally based search results, and other personalized content.
We may use your address, email address and mobile phone number to send you updates and communications about our products and services other promotional communications, such as newsletters, changes to our menu or restaurants or special offers (“Promotional Communications”). If you wish to opt out of receiving Promotional Communications or change your preferences for Promotional Communications, you may follow the instructions in Section 5 (Access to and Managing Your Information) set forth below.
We may use your Information to send you notices from time to time including confirmations or Service-related or administrative communications; for instance, if our Service is temporarily suspended for maintenance, the delivery of a Service is delayed, or there are policy changes.
Information from Other Sources
The Information we collect may be combined with information from outside records (e.g., demographic information, navigation information, and additional contact information) that we have acquired in accordance with the law. We also may acquire Information from other sources about your visits over time and across other third-party websites, in order to serve more targeted advertising to you through the Services.
Legal Matters; Safety
Sale or Transfer of Business or Assets
If P.F. Chang’s China Bistro, Inc., or any of its affiliates or businesses, is sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership, personal information of our users may be one of the assets sold or merged in connection with that transaction. Information about our customers and users of our Services may also need to be disclosed in connection with a commercial transaction where we or any one of our businesses are seeking financing, investment, or funding.
5. ACCESS TO MANAGING YOUR INFORMATION
We believe it is important for you to be able to access and manage the Information you have provided to us and make choices about how it is used. To inquire about or update your Information, “opt out” of receiving future Promotional Communications, or change your preferences, you may take the following measures:
To change your profile information and preferences:
- Contact us as described in Section 6 (Questions or Comments) set forth below; or
- Log onto our Sites using your online account at https://www.pfchangs.com/account/sign-in
To “opt out” of receiving Promotional Communications:
- For emails, follow the “opt out” instructions in promotional emails we send to you; or
- Website: https://www.pfchangs.com/contact-us
If you request any changes in the Information we have in your account, we will endeavor to comply with your requests as soon as reasonably possible. Please note that changes requested of us may not be effective immediately, and until such changes
take effect, you may still receive or not receive Promotional Communications from us. We may maintain Information for archival or other internal business purposes.
Please note that if you “opt out” of receiving Promotional Communications, you may still receive transactional communications from us, including order confirmations or other administrative information. Unless required by law, we are not responsible for informing third parties with whom we have already shared your Information of any changes requested pursuant to this Section, or for removing Information from or causing Information to be removed from the databases or records of such entities.
6. IMPORTANT DISCLOSURES, PRACTICES AND CONTACT INFORMATION
Links to Other Sites
Our Sites may utilize hyperlinks to access external or third-party sites, which are not controlled by us and, therefore, are not subject to this Policy. We recommend that you check the privacy policies of those third-party sites to determine how the proprietors of those sites will utilize your Information.
We implement security measures to protect against the loss, misuse, and alteration of information under our control. However, no system can guaranty that there will never be unauthorized access to your Information, and your use of Services indicates that you are willing to assume this risk. Nevertheless, credit card security is a high priority and we use SSL encryption software when collecting and transmitting your billing information to our payment processors. If you prefer, we are happy to accept your payment over the phone or in person when you visit one of our restaurants. If you wish to purchase a gift card over the phone, please call us toll free at 1-866-732-4264 and indicate that you wish to purchase a gift card without any information being submitted over the Internet.
Storage and Retention
What You Need to Do to Protect Your Information
There are several measures you can take to protect your Information. One option is simply not to volunteer it to us. As stated above, this approach would allow you to still visit our restaurants or access Services; however, you will not be able to use all of our Services, including online ordering, purchases, and reservations. The Federal Trade Commission’s site, www.ftc.gov, also offers useful information about how to protect personally identifiable information provided online or through mobile applications.
App Stores; External Websites
Your app store (e.g., iTunes or Google Play) may collect certain information in connection with your use of the Services, such as personal information, payment information, geolocational information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies.
Services are intended for use by adults. P.F. Chang’s does not currently market to or create special areas for use by children. Accordingly, we adhere to the Children’s Online Privacy Protection Act (COPPA) and we do not knowingly collect any personal information from children under the age of 13 years. If we discover that a child under the age of 13 has provided personally identifiable information to us, we will delete the child’s personally identifiable information from our files to the extent technologically possible. If you are a parent or guardian and believe we have collected personally identifiable information from a child under the age of 13 in a manner not permitted by COPPA, please contact us at firstname.lastname@example.org or write to us at: P.F. Chang’s China Bistro, Inc., Attn: Legal Department, 8377 East Hartford Drive, 2nd Floor, Scottsdale, AZ 85255, and we will remove such data to the extent required by COPPA.
Notice to Users Outside the United States
The Services are administered in the United States. If you are located outside of the United States, please be aware that your Information, including your personal information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
No Rights of Third Parties
This Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of our Services.
7. YOUR CALIFORNIA PRIVACY RIGHTS
California Shine the Light
Residents of the State of California have the right to request information from us regarding other companies to whom we have disclosed certain categories of information during the preceding year for the other companies’ direct marketing purposes. If you are a California resident and would like to make such a request, please use the contact information below.
California Consumer Privacy Act
The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of “personal information,” as well as rights to know/access, delete, and limit sharing of personal information. The CCPA defines “personal information” to 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.” Certain information we collect may be exempt from the CCPA because it is considered public information (i.e., it is made available by a government entity) or covered by a specific federal privacy law, such as the Gramm–Leach–Bliley Act, the Health Insurance Portability and Accountability Act, or the Fair Credit Reporting Act.
To the extent that we collect personal information that is subject to the CCPA, that information, our practices, and your rights are described below.
To protect our customers’ personal information, we are required to verify your identify before we can act on your request. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response. Information that we collect for verification purposes will only be used for such purposes.
How to Submit a Request
You may submit a request to exercise your right to know/access or right to delete your personal information through any one of three means:
- By visiting your account ("https://www.pfchangs.com/contact-us") page, where you can request and download specific pieces of information we have collected. By logging in to your account to submit the request, you will be able to automatically verify your identity, which will result in faster processing of your request.
- By filling out a Consumer Data Request Form available
- By calling us at 866-694-9972.
In order to process your request to know/access or delete personal information we collect, disclose, or sell, we must verify your request. We do this by:
- Asking you to
- provide personal identifiers we can match against information we may have collected from you previously; and
- confirm your request using the email or telephone account stated in the request; or
- Having you submit your request through your account (https://www.pfchangs.com/contact-us) page, which will automatically verify your identity and will result in faster processing of your request.
You may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf. We require that you confirm that (1) you have provided the authorized agent written permission to make the request on your behalf, and (2) verify your identity to us directly using the verification procedures above.
Right to Notice at Collection Regarding the Categories of Personal Information Collected
You have the right to receive notice of the categories of personal information we collect, and the purposes for which those categories of personal information will be used. The categories we use to describe the information are those enumerated in the CCPA
- Personal Identifiers:
- We collect your name, phone number, and email address and contact address when you create an account or complete a transaction. If you choose to create an account, you will also be asked to create a username, and we will assign one or more unique identifiers to your profile. We use this information to provide the services, respond to your requests, and send information and advertisements to you.
- We collect your social media handle and basic account information when you interact with our Services through social media.
- We collect a unique numerical identifier, assigned to you by a first-party cookie, automatically when you use our Services in order to identify you, provide the Services, keep you logged in to the Services, prevent fraud, and provide you with targeted information and offers.
- We collect payment information when you provide it to us, which may include your credit card number or a bank account number, when you complete a transaction. You have the option to store this information to your account or set up a recurring transaction. We use this information to streamline and facilitate payments and transactions.
- We collect information about your device and activity, such as your IP address or Device ID, automatically when you use our Services. We use this information to identify you, analyze online activity on our website, measure the effectiveness of online services, applications, and tools, and serve targeted advertisements based on your online activities.
- Protected Classifications: We do not collect this type of personal information.
- Commercial Information: When you engage in transactions with us, we create records of goods or services purchased or considered, as well as purchasing or consuming histories or tendencies. We use this information to measure the effectiveness of our Services and to provide you with targeted information, advertisements and offers.
- Biometric Information: We do not collect this type of personal information.
- Internet or Other Electronic Network Activity Information: We collect information about your browsing history, search history, information regarding your interaction with websites, and applications or advertisements automatically when you use our Services. We use this information to gauge online activity on our website, measure the effectiveness of online services, applications, and tools, and to serve targeted advertisements based on your online activities.
- Geolocation Data: As described above, we collect your IP address automatically when you use our Services. We may be able to determine your general location based on the IP address. When you use the Services for the first time, we ask for your permission to collect your precise location (e.g., your GPS coordinates). We use general and precise location to make improvements to our products and services, and to provide recommendations and deliver relevant advertising.
- Audio, electronic, visual, thermal, olfactory, or similar information: If you contact us via phone, we may record the call. We will notify you if a call is being recorded at the beginning of the call. We collect your photographic or video image. We use this information to monitor our facilities, customer service, maintain the security of our systems and physical locations, and train employees.
- Professional or employment-related information: We collect information about your current employer and your employment history. We use this information to in connection with job applications.
- Education information: We collect information about the institutions you have attended and the level of education you have attained. We use this information to in connection with job applications.
- Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences or characteristics: We may analyze your actual or likely preferences based on the information we collect. On some occasions, we may add our observations to your internal profile. We use this information to analyze and develop our marketing activities, measure the appeal and effectiveness of our Services, applications, and tools, and to provide you with targeted information, advertisements, and offers.
We may use any of the categories of information listed above for the purposes described in this Policy and for other business or operational purposes compatible with the context in which the personal information was collected.
You have a right to know the categories of sources of personal information that we collect. Our sources and the purposes of collection are described in “Information We Collect or Receive” and “Information Collected through Tracking Technologies,” above.
We also sell some information to third parties, as described below. Visit our “Do Not Sell My Info” page to opt out of the sale of your information.
Right to Know/Access Information
You have the right to request access to personal information collected about you and information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. You may submit such a request as described above.
Right to Request Deletion of Information
You have the right to request that we delete any personal information that we have collected directly from you in certain circumstances. You may submit such a request as described below.
Right to Opt Out of Sale of Personal Information to Third Parties
You have the right to opt out of any sale of your personal information by us to third parties.
We sell personal information to third parties. To “sell” information means to disclose it to a company for monetary or other benefit. A company may be considered a third party either because the purpose of sharing is not an enumerated business purpose under California law, or because our contract does not restrict them from using personal information for other purposes.
We sell the following categories of personal information:
- Internet or Other Electronic Network Activity Information, to enable our marketing, advertising, and analytics partners to serve advertising to you on third party websites.
- Geolocation Information, to enable our marketing, advertising, and analytics partners to serve advertising to you on third party websites.
To exercise your right to opt-out of the sale of your personal information, please visit our “Do Not Sell My Info” webpage or call us at 866-694-9972.
Please note that your right to opt out does not apply to our sharing of personal information with service providers, who are parties we engage to perform a function on our behalf and are contractually obligated to use the personal information only for that function.
Right to Information Regarding Participation in Data Sharing for Financial Incentives
We offer our guests a rewards program that provides certain perks, such as free desserts or entrees and exclusive offers, in exchange for providing your email address to us, or signing in through Facebook, which links your rewards account with your Facebook account. We use the personal information we collect from you, or that is made available to us through Facebook, when you sign up to send you offers and market our services to you. Therefore, the value of your personal information to us is the cumulative retail value of the items that that you earn using points.
You may cancel the rewards program at any time by contacting us using the information below.
Our offering of a financial incentive is permissible because we will not discriminate against California residents for exercising their rights to access, delete, or opt-out of the sale of personal information.
Right to Nondiscrimination
You have the right to be free from discrimination based on your exercise of your CCPA rights.
8. SPECIAL INFORMATION FOR NEVADA RESIDENTS
Residents of the State of Nevada have the right to opt out of the sale of certain pieces of their information to other companies who will sell or license their information to others. If you are a Nevada resident and would like to make such a request, please email email@example.com.
Questions or Comments
If you have any questions or comments concerning this Policy, please email us at firstname.lastname@example.org, call us at 1-866-694-9972 or write to us at:
P.F. Chang’s China Bistro, Inc.
Attn: Guest Relations Manager
8377 East Hartford Drive
Scottsdale, AZ 85255
When contacting us, please include your full name, address, phone number and email address, and indicate the specific nature of your request.
Copyright © 2020, P.F. Chang’s China Bistro, Inc. All rights reserved.