California Privacy Notice ~ Noodles & Company

NOODLES & COMPANY PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Effective Date: January 1, 2020

Last Reviewed on: January 1, 2020

This Privacy Notice for California Residents (the “CA Privacy Notice”) supplements the information contained in the Noodles & Company (“Noodles,” “we,” or “us”) Privacy Policy and applies solely to all 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 any terms defined in the CCPA have the same meaning when used in this notice.

INFORMATION WE COLLECT

We collect information, including through our www.noodles.com website, our mobile App, and any connected, applicable resources (collectively hereinafter, the “Site”), 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, the Site has collected the following categories of personal information from its consumers within the last twelve (12) months and will continue to collect such information in future:

Description of Category	What We Collect	Source	Business or Commercial Purposes for Collection
Identifiers (“Identity Data”).	A real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, or other similar identifiers.	Directly from consumers when they sign up for our rewards or otherwise communicates with us. Indirectly from consumers (e.g.,	Provide membership account, services, and rewards. Process purchases and payments. Performa website analytics.
Personal information categories listed in the California Records statute (Cal. Civ. Code § 1798.80(e))(“Customer Records Data”).	A name, signature, physical characteristics or description, address, telephone number,bank account number, credit card number or debit card number (solely for the purpose of processing in-line purchases via our App or website, however we do not store, save, or share any such financial information.)	Directly from consumers when they sign up for our rewards or otherwise communicates with us. Inderectly from consumers (i.e. use of video surveillance in restaurant.)	Provide membership account, services, and rewards. Process purchases and payments.


Protected classification characteristics under California or federal law (“Protected Class Data”).	Age (40 years or older), sex (including gender].	Directly from consumers when they sign up for our rewards or otherwise communicates with us. Indirectly from consumers (e.g.,	Provide membership account, services, and rewards.
Commercial information (“Commercial Data”).	Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	Directly from consumers when they sign up for our rewards or otherwise communicates with us. Indirectly from consumers (e.g., through cookies).	Provide membership account, services, and rewards. Process purchases and payments.
Internet or other similar network activity (“Internet Use Data”).	Browsing history, search history, or information on a consumer’s interaction with a website, application, or advertisement.	Indirectly from consumers (e.g., through cookies).	Provide membership account, services, and rewards. Perform website and/or service analytics.


Geolocation data (“Location Data	Physical location or movements.
Sensory data (“Sensory Data”).	Audio, electronic, visual, or similar information.	Indirectly from consumers (i.e. use of video surveillance in
Inferences drawn from other personal information (“Inferences”).	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.	Directly from consumers when they sign up for our rewards or otherwise communicates with us. Indirectly from consumers (e.g., through cookies, purchase history).	Performa website and/or service analytics.

Personal information does not include:

• Publicly available information from government records.

• Deidentified or aggregated consumer information.

• 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) and personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA), California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In addition to the business or commercial purposes for collection described above, we have in the preceding 12 months collected all categories of personal information described above for the following purposes:

To process your requests, purchases, payments, and transactions and to prevent transactional fraud.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To create, maintain, customize, and secure your account with us.
For testing, research, analysis, and product development, including to develop andvimprove this Site and our products and services.
To provide, support, personalize, and develop this Site and our products and services.
To help maintain the safety, security, and integrity of this Site and our products, services, databases, other technology assets, and business.
To deliver content and product and service offerings relevant to your interests, including targeted offers and ads through this Site, third-party sites, and via email or text message (with your consent, where required by law).

We will continue to collect the categories of personal information described above from the sources and for the business or commercial purposes described above.

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

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.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Noodles’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Noodles about the users of this Site is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrealated, or incomatible parties without providing you notice.

SHARING PERSONAL INFORMATION

Noodles may disclose your personal information to a third party for a business purpose. We share your personal information with the following categories of third parties:

Third party service providers.

DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE

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

Identity Data

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

Third party service providers.

YOUR RIGHTS AND CHOICES

The CCPA provides 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 Noodles disclose certain information to you about our collection and use of your personal information over the past 12 months, including:

The categories of personal information we collected about you.<\li>
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.

Once we receive and confirm your verifiable consumer request, we will provide you with the requested information. See “Exercising Access, Data Portability, and Deletion Rights” for more information.

DELETION REQUEST RIGHTS

You have the right to request that Noodles 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 (see Exercising Access, Data Portability, and Deletion Rights), 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 provider(s) to:

1. Complete the transaction for which we collected the personal information, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, 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.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. 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.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. 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 1-833-568-6108.
Emailing us at: guestrelations@noodles.com.

Only you, or someone legally authorized 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 or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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, but we may require authentication of the consumer that is reasonable in light of the nature of the personal information requested.

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 forty-five (45) days of its receipt. If we require more time, 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 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.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

OTHER CALIFORNIA PRIVACY RIGHTS

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to guestrelations@noodles.com or write us at: Noodles & Company, attn.: 520 Zang Street, Suite D Broomfield, CO 80021.

CHANGES TO OUR PRIVACY NOTICE

From time to time, we may update this CA Privacy Notice. If our information practices materially change at some time in the future, we will post the updated policy to our Site to notify you of these changes, and we will only use data collected from the time of the policy change forward for these new or different purposes. In the event we make a material change to how we use your personal information, we will provide you with an opportunity to opt out of such new or different use. The date this CA Privacy Notice was last revised is at the top of this page. You are responsible for periodically reviewing the Site and this CA Privacy Notice to check for any updates or changes.

CONTACT INFORMATION

If you have any questions or comments about this notice, the ways in which Noodles collects and uses your information described below and in the Privacy Policy, 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: 1-833-568-6108
Website: www.noodles.com
Email: guestrelations@noodles.com
Postal Address:
Noodles & Company
Attn: Noodles Guest Relations
520 Zang Street, Suite D
Broomfield, CO 80021

California Privacy Notice