Eggs Up Grill®

Privacy Policy
Updated as of September, 2021

Introduction

The purpose of this Privacy Policy is to explain the privacy practices of EUG Holdco, LLC and its affiliates (“we” or “us”) in connection with the following digital services (collectively, the “Digital Services”): (i) this website (www.https://eggsupgrill.com) and other websites that we manage or own (individually, the “Website” and collectively the “Websites”), (ii) any software applications made available by us for use on or through computer and mobile devices (the “App(s)”), and (iii) any other digital communications or content that we may publish that link to this Privacy Policy, including advertisements that we may place on third-party websites such as social media pages.   By accessing or using the Digital Services, you are agreeing to this Privacy Policy. If you do not agree with this Privacy Policy, please do not access or use the Digital Services or provide us with any of your Personal Information. 

Please remember that this Privacy Policy only governs our own practices.  If you are interacting with any website, application or other digital service managed by any third-parties, their own privacy policies will govern, even if you access that website, application or service through our Digital Services, or through  software, applications, APIs or widgets that are integrated with our Digital Services.  We are not responsible or liable for any actions of those third-parties or their data protection practices.  Please review the privacy policies of those third parties to understand how your Personal Information (defined below) may be collected and/or processed by those third-parties.

Please also visit our Terms of Use, which will govern the terms that will apply to your use of the Digital Services, including if you wish to enforce any of your rights – [https://eggsupgrill.com/terms-and-conditions/].  By accessing or using the Digital Services, you are also agreeing to our Terms of Use.

Types of Information We Collect and Use

Our Digital Services may collect, use, store and transfer different kinds of information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you as a particular consumer or device (“Personal Information”), such as:

  • Identity Data includes your name, date of birth, gender, unique personal identifiers or numbers, signature, physical characteristics or description, employment, or other similar information.
  • Contact Data includes billing address, delivery address, email address, and telephone numbers.
  • Transaction Data includes details about payments, products and services you have purchased, or other purchasing or consuming histories or preferences, bank account number, credit card number, debit card number, or any other financial information.
  • Technical Data includes internet protocol (IP) addresses, your browser type and version, time zone setting and location, geolocation, cookies, carrier information, browser plug-in types and versions, operating system and platform, sensory data (e.g., audio, electronic, visual, or similar information), or other technology on the devices you use to access the Digital Services.
  • Profile Data includes your username, password, preferences, settings, login and profile information, feedback, and survey responses.
  • Usage Data includes information about how you use the Digital Services, such as the session duration, pages served, the source of the request, and the preceding page views.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties, your communication preferences, and the materials that you have viewed and interacted with.

We may collect significantly more detailed information from you, including additional financial information if you apply to become a franchisee.

We also collect, use, and share “Aggregated Data” such as statistical or demographic data. Aggregated Data could be derived from your Personal Information but is not considered Personal Information as this data will not directly or indirectly reveal your identity.  We may collect, retain, use and share Aggregate Data in any manner without restriction.  However, if we combine or connect Aggregated Data with your Personal Information so that it can directly or indirectly identify you, we treat the combined data as Personal Information which will be used in accordance with this Privacy Policy.

We do not collect any special categories of personal information about you (this includes details about your race or ethnicity, citizenship, medical condition, physical or mental disability, marital status, religious or philosophical beliefs, veteran or military status, sexual orientation, political opinions, criminal history, information about your health, and genetic and biometric data).

How do we Collect Personal Information?

Submitted by You: We collect Personal Information you provide to us, for example if you:

  • Contact us with a question, comment, or request
  • Apply for a franchise
  • Initiate a search on the Websites or use any of the Digital Services
  • Complete a transaction on our Websites or using the Digital Services
  • Respond to any promotional and/or other marketing offers, including any coupons initiated by us or third-party marketing automation providers
  • Participate in any loyalty, membership or subscription program
  • Respond to any survey or leave any feedback
  • Submit any other content, such as on our social media pages
  • Order merchandise from our online store.

Cookies and Similar Automatic Tracking Technology: The Digital Services may use cookies, flash cookies, web beacons, embedded scripts, location-identifying technology or similar technology to collect Personal Information automatically as you use the Digital Services.  These technologies also allow us to collect or interact with Personal Information stored on your device or browser and monitor your usage of the Digital Services.  We may also engage third-party companies to help us collect and track this data (for example Google Analytics).  You may be able to deactivate or opt-out of some of these technologies through your browser settings, device settings, or take other steps, depending on the methods you use to access the Digital Service.  For more information, please click here to read the Network of Advertising Initiative’s recommendations for Opting Out of Internet Advertisements.  Please note that disabling cookies or deleting information contained in cookies or flash cookies may interfere with the performance and features of the Digital Services, including not being able to store your preferences or login information.  (Your browser settings may also allow you to automatically transmit a “Do Not Track” signal to online services you visit.  Note, however, there is no industry consensus as to what site operators should do with regard to these signals. Accordingly, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms.  For more information on “Do Not Track,” visit http://www.allaboutdnt.com.)

IP Addresses:  An IP address is a number that is automatically assigned to your computer whenever you access the Internet. When you request pages from any Digital Services, we automatically log your IP address.

Third-Party Sources:  In addition to the Personal Information that we collect directly from through your use of the Digital Services, we may have access to other Personal Information from third-parties, depending on the privacy policies of those third-parties and the information you have authorized them to share with us.  For example, we may obtain Personal Information from licensees, franchisees, digital service and software management providers, research and analytic companies, marketing partners, public databases, payment processors, mobile carriers, third-party login authentication services, and similar third-party sources.  We may also receive your Personal Information from other sources, such as people that you are in some way connected with, or our own affiliates and representatives. 

Location Tracking: Additionally, when you visit our Website, or use any Digital Services, we may collect information about your location using technologies like GPS, wi-fi, Bluetooth or cellular tower proximity. This type of information may be used to locate your proximity to nearby Eggs Up Grill restaurants, or to identify offers and other location specific items that may be of interest to you.

How is the Personal Information that We Collect Used?

We use Personal Information in a variety of ways, including:

  • To provide you access and use of the Digital Services, including registering you as a new customer and processing and fulfilling orders.
  • To manage our relationship with you, which includes communicating with you about your account, promotions, updates, and changes to our Terms of Use or Privacy Policy.
  • To administer the Digital Services, including troubleshooting, data analysis, testing, maintenance, support, reporting, and hosting of data.
  • To customize or personalize your experience or identify content you share.
  • For marketing, promotion and advertising purposes, including conducting analytics, aggregating data, contests, surveys and sweepstakes.
  • To use, evaluate, improve or develop our Digital Services.
  • To provide suggestions and recommendations to you that you may find interesting.
  • To comply with our legal obligations and law enforcement requests.
  • To fulfill contractual obligations to third parties, such as service companies, and licensing agreements.
  • To permit you to interact with other users or representatives of ours.
  • To establish or defend legal claims or protect our rights.
  • To detect security incidents, prevent potentially fraudulent, illegal or harmful activities and otherwise enforcing our Terms of Use and other policies.
  • To conduct other business analytics, research, planning, reporting or forecasting.
  • For any purpose that we disclose to you at the time we collect the Personal Information
  • To handle, respond to, or otherwise process any request that you make.

Please note that we may process your Personal Information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

How is the Personal Information We Collect Shared?

Your Personal Information may be shared as follows:

  • Vendors and Service Providers: We may share your Personal Information with vendors and service providers with whom we, our affiliates, or our franchisees have a business relationship. For example, we may share your Personal Information with insurance companies, payment and credit card processing companies, accountants and legal advisors, delivery and food aggregator services, restaurant partners, fulfillment centers, advertising agencies and partners, and other vendors. 
  • Related Parties: We may disclose your Personal Information to any of our direct or indirect parents, subsidiaries or affiliates, and/or any of our or their respective parents, affiliates, subsidiaries, owners, managers, officers, directors or agents, licensees, and/or any other entity that is in common control with any of the foregoing, whether by beneficial ownership, voting power, or the ability to control or direct the management or policies of any such entity, whether by contract or otherwise.
  • Franchisees:  We may share your Personal Information with our franchisees (or if an entity, their owners) who own and operate Eggs Up Grill restaurants.
  • Merger or Acquisition: We may share your Personal Information with a third party who directly or indirectly acquires any ownership interest in us or any of our affiliates, or acquires the Digital Services, whether such acquisition is by way of merger, consolidation, or purchase of all or a substantial portion of our assets.
  • Permitted by Law: We may share your Personal Information if: (i) we believe that we are required to do so by law or legal process; (ii) we believe that we are permitted to do so by law or legal process; (iii) to respond to a claim; or (iv) to protect the rights, property, or safety of us, our affiliates, or others.
  • With Your Consent:  We may also share any Personal Information from or about you with any party if you consent to that disclosure.  For example, we may need your consent to share information with a social media platform or other sharing functionality. 
  • Public Disclosures: We may make certain Personal Information available publicly if it is reasonably apparent at the time you submitted it that it would be shared or would be publicly available, for example, reviews or customer feedback or photos you share about products or services, contest entries, social media posts and similar content.

The third-parties with whom we share this Personal Information may use it for their own purposes and in accordance with their own policies.  We are not responsible for their actions.

Security

We take reasonable steps to help protect your Personal Information under our control. However, data transmitted over the Internet is not completely secure and we cannot guarantee the security of any information that is provided to us.   If you have reason to believe that your interaction with us is not secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us (See “Contacting Us” below).

Retention, Correction and Deletion

We will only retain your Personal Information for as long as reasonably necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. 

You may request that we update or correct any of your Personal Information or delete any of your Personal Information.  We will respond to all requests for corrections or deletions in accordance with applicable data protection laws, but we may reject your request if we determine it is unreasonable or not required by law, or if we determine that it could expose us to operational risks or fraud.  We do not charge a fee to process or respond to your 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.

United States Jurisdiction

We are headquartered in the United States and the Digital Services are exclusively for access and use in the United States and by United States residents.  You consent to the transfer, storage and processing of all Personal Information we collect in the United States.   

Children’s Online Privacy

The Digital Services are intended for general audiences and are not directed to children 17 years of age or younger. We do not knowingly collect “personal information” as defined by the U.S. Children’s Online Privacy Protection ACT (“COPPA”) from children in a manner that is not permitted by COPPA. If we become aware that a child aged 17 or under has provided us with “personal information” as defined by COPPA, we will delete it from our records to the extent required by COPPA. We will not be liable for any collection of children “personal information” or failure to comply with COPPA by a third party. Children can access many parts of the Digital Services and its content and use many of its features without providing us with “personal information”. We use certain technologies, such as cookies, to automatically collect information from our users (including children) when they visit or use the Digital Services.  When you disclose personal information on Digital Services, you are representing to us that you are 18 years of age or older. If a person 17 years of age or younger has provided personal information to us, a parent or guardian should contact us at info@eggsupgrill.com so that we can remove such personal information from our active databases.

Limits on Our Abilities

Your privacy is very important to us. However, due to the existing legal and technical environment, we cannot ensure that your Personal Information will not be disclosed to third parties in ways not described in this Privacy Policy. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials that we, in our sole discretion, believe is required: (a) by law; (b) to protect and/or defend our property or other legal rights; and/or (c) to protect the personal safety, or property or other legal rights of others. In any event, we cannot and do not guarantee that our franchisees will follow the terms of this Privacy Policy. Therefore, if you provide information to any of these parties, such information will not be subject to the terms of this Privacy Policy.

Credit Cards

In order to process transactions through the Digital Services, you will need to give us certain personal information (name, email address, telephone number, address(es), credit card type, number, expiration, and CVV2 value).  We may store your contact information in an order entry system.  We do not store your credit card details.  In fact, your credit card information never passes through our site—it is captured directly by our designated third-party payment gateway. Anyone involved with the processing, transmission, or storage of card data must comply with the Payment Card Industry Data Security Standards (PCI DSS).

Changes to this Privacy Policy

We may revise this Privacy Policy from time to time, and/or use your Personal Information for new, unanticipated uses not specified in this Privacy Policy. Should we update this Privacy Policy, updated versions of this Privacy Policy will be posted on the Websites. You should review this Privacy Policy periodically, so that you can be up to date on our most recent privacy policy and procedures.

California Residents – California Shine the Light Law

Residents of the State of California may ask us to provide them with a list of the types of personal information we have disclosed during the preceding year to third parties for their direct marketing purposes, as well as the identity of such third parties.  If you are a California resident and would like to request this information, please contact us at info@eggsupgrill.com.

California Residents – Consumer Privacy Rights and Choices

Residents of the State of California may have certain rights in connection with the Personal Information collected the Digital Services, subject to exceptions under applicable laws. 

Twice per twelve-month period, you have the right to request the following information about the Personal Information collected through the Digital Services for the preceding year:

  1. The categories and specific pieces of personal information we have collected about you;
  2. The categories of sources from which we collected the Personal Information;
  3. Our business or commercial purpose in connection with collection or sale of the Personal Information;
  4. The categories of third parties with whom we shared the Personal Information; and
  5. The categories of Personal Information we sold or disclosed for a business purpose, and the categories of third parties to whom we sold or disclosed that information.

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.  If you submit a valid and verifiable request and we can confirm your identity and/or authority to make the request, we will determine if retaining the information is necessary for us or our service providers to complete transactions, protect and maintain the Digital Services, or comply with applicable laws and legal obligations.

Certain information may be exempt from such requests under applicable law.  We need certain types of information in order to provide services through the Digital Services. 

To exercise your rights to disclosure or deletion, please submit a verifiable consumer request to us at info@eggsupgrill.com.  Only you or a person legally authorized to act on your behalf may make a verifiable consumer request related to your Personal Information.

California Residents – Right to Opt-Out of the Sale of Personal Information

California residents have the right to opt out of the sale of their Personal Information.  Under California law, “sale” includes allowing third parties to receive certain information, such as IP address and browsing behavior, to facilitate targeted advertising.  If you would like to opt out, you may do so by contacting us at info@eggsupgrill.com

Contacting Us

If you have questions or concerns regarding the Privacy Policy or your Personal Information, please send an email to info@eggsupgrill.com.