Sullivans Eatery and Creamery is owned and operated by Sullivan’s E&C LLC (“Sullivan’s,” “us” or “we”), and this Privacy Policy describes how we treat personal information when you use our products and services such as visiting a Sullivan’s restaurant or purchase a Sullivan’s product, visit any of our websites (“Sites”) or use a mobile application (“Application”) that links to this Privacy Policy (together, “Services”). This Privacy Policy is intended to inform you of our policies and practices regarding the collection, use and disclosure of any personal information that we collect from users of our Services while providing such Services to users. Our Privacy Policy does not apply to any websites, mobile applications or other online services not listed above. For example, our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results, sites that may include Sullivan’s Services, or other sites linked from our Services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our Services and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

This Privacy Policy is part of the Terms of Use regarding the use of the Services (“Terms of Use”). For more information regarding your rights and responsibilities in using the Services and the Terms of Use, refer to our Terms of Use page.

WHERE INFORMATION IS MAINTAINED AND USED

The Services are intended solely for users within the United States. Individuals outside of the United States should not use the Services or provide any data to Sullivan’s. By using the Services or providing us with data, you acknowledge and agree that your personal information may be transferred to, processed and/or maintained outside of your state, province or country, and where laws regarding processing of personal information may be less stringent than the laws in your location. By providing your data or using the Services, you acknowledge such transfer, processing and maintenance.

THE TYPES OF INFORMATION WE COLLECT

Sullivan’s collects information from you in various ways when you access or use the Services. We collect personal information from you in the following ways:

1. Personal Information You Provide to Us.

   We collect the information you voluntarily provide to us. For example:

   • We may collect personal information from you, such as your first and last name, email address, telephone number and user name when you create an account (“Account”).
   • If you tell us where you are (e.g., by allowing your mobile device to send us your location or by entering your city, state and/or zip code information), we may use that information to provide you with location-based information.
   • Our Services may allow you to store preferences such as your location, recent orders and favorite menu items in order to make it more convenient for you to place additional orders in the future.
   • When you order menu items from Sullivan’s on our Services, we will collect all information necessary to complete the transaction, including your name and payment information. We store this information on our servers and NCR servers in order to make it easier for you to place orders for menu items in the future.
   • If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content included in the email, in order to send you a reply and for other purposes such as improving the quality of our products.
   • If you participate in a survey, we will receive any information included in the survey as well as data regarding the survey itself and manner of completion.
   • If you sign up for a Sullivan’s rewards program, we will collect all information you provide that relates to such Rewards Program.
   • We also collect other types of personal information that you provide to us voluntarily, such as any information requested by Sullivan’s if you contact us by phone or via email regarding support for the Services.

2. Personal Information Collected Via Technology.

   We collect certain information from you automatically when you access and use our Services as described below:

   • Information Collected by our Servers. To make the Services more useful to you, our servers (which may be hosted by a third-party service provider) collect information from you, including, for example, web pages visited as well as the page visited prior to, or upon leaving, a site, your browser type, domain name, date/time stamp for your visit and your Internet Protocol (IP) address (a number that is automatically assigned to your computer or device when you use the Internet). We use this information to analyze trends, administer the Services, monitor for fraudulent activities and for the efficacy of our fraud management tools, and better tailor our Services to our users’ needs.
   • Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a site sends to your computer’s hard drive while you are viewing a site. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Services. This type of information is collected to make the Services more useful to you and to tailor the experience with us to meet your special interests and needs.
   • Mobile Services. We may also collect non-personal information from your mobile device if you have downloaded our Application. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the Application(s), and information about the type of device you use. In addition, in the event our Application crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allow us to identify and fix bugs and otherwise improve performance of our Application.
   • Third-Party Analytics. We partner with third-party service providers to engage in analytics, auditing, measurement, research, and reporting, including, without limitation, based on person or other information collected over time, such as through your participation in any of our Sullivan’s Rewards Programs, your activity on the Services, your device’s geographic location (which may include specific longitude and latitude), and your activity on unaffiliated third-party websites, applications, or other online services (“Analytics Companies”). Our Analytics Companies may use web logs or pixel tags, and/or they may set and access cookies or other tracking technologies on your computer or other device. We may use this data in individual form, we may share information that does not, by itself, identify you individually and/or aggregated form, we may share information that does not, by itself, identify you individually and/or aggregated information and/or statistics with others outside of Sullivan’s, and we may allow third parties to collect and aggregate other information in connection with the use of tracking technologies. Your personal information may also be used for analytics related to tracking your activities on the Services, for example, whether you participated in a Sullivan’s Rewards Program, and which links within our Services you clicked on. You may opt out of Google Analytics tracking by downloading the Google Analytics opt-out browser add-on, available at: https://tools.google.com/dlpage/gaoptout.
   • Contacts and relationships. We may collect data about your contacts and relationships if you use a service that involves managing or engaging with contacts to communicate or interact with other people or organizations or is connected to an SNS.

3. Contests and Sweepstakes

   Registration may be required to be eligible to enter contests or sweepstakes online or at a Sullivan’s restaurant. Sullivan’s may use the information you provide when registering to manage your entry, fulfill prizes, and for marketing and promotional purposes.

4. Facebook and Other Social Networking Services.

   The Services may allow users to access Facebook and other social networking sites (each, an “SNS”) to interact with and share their experiences with Sullivan’s products and services with their friends. The SNS may operate plug-ins on the Services (such as the Facebook “like” button and the Twitters “follow” button). Even if you do not click on these plug-ins, they may collect information about you, such as your IP address and the pages that you view. They also may set and/or access a cookie. These plug-ins are governed by the privacy policy and data practices of the SNS providing them. Additionally, any information that we collect from your Facebook or other SNS account may depend on the privacy settings you have with that SNS, so please consult the SNS’s privacy and data practices. We may collect contact and additional information from Facebook or other SNSs.

5. Location Information.

   We and/or our Analytics Companies may collect the geographic location (which may include longitude and latitude) of your mobile device based upon information identified by your mobile device by, for example, using satellite, cell phone tower, WiFi signals, beacons, Bluetooth and near field communication protocols. We may use and share your mobile device’s geographic location together with personal and other information, to provide you with personalized messaging or content and/or for marketing purposes by email, push notification, online or in-app advertising, or by other means. If you choose to opt-out of location collection, certain functionality of our Services may not be available.

HOW WE USE YOUR INFORMATION

We use the information we collect from all of our Services for a number of purposes, including to provide, maintain, protect and improve them, to develop new ones, and to protect Sullivan’s and our users.

1. General Use.

   In general, we use your personal information to respond to your requests as submitted through the Services, to provide you products and services you request, or to aid us in serving you better.

   We use your personal information to do the following:

   • facilitate the creation of, and secure, your Account on our network;
   • identify you as a user in our system;
   • assign a member ID for tracking purposes in order to send you personalized offers;
   • provide improved administration of our Services;
   • provide the products and services you request;
   • improve the quality of experience when you interact with our Services;
   • send you a welcome email to verify ownership of the email address provided when your Account was created;
   • send you administrative email notifications, such as security or support and maintenance advisories;
   • respond to your inquiries related to employment opportunities or other requests;
   • solicit your feedback;
   • provide customized content or personalized promotions; and
   • send newsletters, surveys, coupons, offers, and other promotional materials related to our Services and for other marketing purposes of Sullivan’s.

   If any of our Services require creation of a profile (“Profile”), we may use the name you provide for your Profile across more than one of our Services that require a Sullivan’s Account. In addition, we may replace past names associated with your Profile so that you are represented consistently across all our Services.

   We may combine personal information from one Service with information, including personal information or member ID, from other Services or from Affiliates.

   We use data to protect the security and safety of our products and our customers, to detect and prevent fraud, to confirm the validity of software licenses, and to resolve disputes and enforce our agreements. We may block delivery of a communication or remove content if it violates our Terms of Use. We also use data to develop aggregated analysis and business intelligence that enable us to operate, protect, make informed decisions about, and report on the performance of our business.

2. Targeted Marketing.

   We and our Analytics Companies may implement and evaluate our marketing activities and the Sullivan’s Rewards Programs, including to engage in targeted and personalized online advertising on the Services, in third-party website, application, television, or other online or offline services operated by third parties. This marketing may be targeted to you based on personal or other information collected over time, such as through your participation in the Sullivan’s Rewards Programs, your activity on the Services, your device’s geographic location (which may include longitude and latitude), your activity on unaffiliated third-party websites, applications, or other online services, other marketing activities and programs, and/or from third parties with whom we work. We and our Analytics Companies may use tracking technologies to collect information for such marketing and evaluation purposes. We and our Analytics Companies may also identify whether our marketing activities and Sullivan’s Rewards Programs resulted in you engaging in other activities on our Services, our advertising and/or marketing, making purchases from us and/or our franchisees, visiting our restaurant, or otherwise engaging with us. In addition, we and our Analytics Companies may target Sullivan’s ads to you on your television or other online services if we or our Analytics Companies have identified you as a Sullivan’s customer using information we share with them, such as your name, email address, or mailing address.

3. Cross-Device Technologies.

   We and our Analytics Companies may use collected information to establish connections among related web browsers and devices (such as smartphones, tablets, computers, and televisions) for targeted advertising, analytics, attribution, and reporting purposes. We and/or our Analytics Companies may match your browsers or devices if you log into the same online service on multiple devices or if your devices share similar attributes that support an inference that they are used by the same person or household. This means that your online behavior (i.e., information about your activity on websites or applications on your current browser or device and your device’s geographic location, which may include specific longitude and latitude) may be combined with information collected from your other browsers or devices. For example, our Analytics Companies may use this information to deliver an ad on your tablet or smartphone, to limit the number of times you see an ad across your devices, and to help measure the effectiveness of advertising campaigns across devices.

4. Opt-Out Choices.

   You may opt out of certain of our or our Analytics Companies’ targeted marketing practices in web browsers and Applications by following the instructions below. Please note that the opt out will apply onto the specific browser or devices from which you opt out. You will need to opt out separately on all of your browsers and devices. If you delete or reset your cookies or mobile identifiers, change browsers, or use a different device, any opt-out cookie or tool may no longer work, and you will have to opt out, again. Note that some service providers may also make their own opt-out processes available. Please note that even if you choose to opt out of receiving targeted advertising, you may still receive advertising about Sullivan’s, but it will not be tailored to your interests.

   • Web browser opt-out: To opt out in web browsers, please visit the Network Advertising Initiative Consumer Opt-Out page at www.networkadvertising.org/choices and the Digital Advertising Alliance Consumer Choice page at www.aboutads.info/consumers. You may opt out of the user cookies by Adobe Analytics tracking by visiting: http://www.adobe.com/privacy/opt-out.html.
   • Application opt-out: To opt out in Applications, please download the Digital Advertising Alliance’s AppChoices tool at www.aboutads.info/appchoices and adjust the advertising references on your mobile device. You can also use the settings within your device to opt out of or turn off push notifications.
   • Location opt-out: If you do not want Sullivan’s to use your specific longitude and latitude information for target marketing purposes, you may adjust your location preferences on your computer, browser or mobile device.

5. Creation of Anonymous Data.

   We may create anonymous records and data from personal information by removing information (such as your name) that make the information personally identifiable to you. We may use this anonymous information to analyze request patterns and usage patterns so that we may enhance our products and services and for other purposes. In addition to any other uses and disclosures permitted under this Privacy Policy, Sullivan’s reserves the right to use and disclose anonymous information to third parties in its discretion for any legal purpose.

DISCLOSURE OF YOUR PERSONAL DATA.

We disclose your personal data as described below and as described elsewhere in this Privacy Policy.

1. Ordering and Purchasing.

   When you order menu items on a Service, we will transmit your order to the location designated by you, so that we can fulfill your order. We may also share your personal information with Affiliates or third-party providers so that they can directly market their products and services to you.

2. Third-Party Service Providers.

   We may share your personal information with third-party service providers to: (i) provide you with the Services that we offer you through our Services; (ii) to conduct quality assurance testing; (iii) to facilitate the creation of accounts; (iv) to process payments; (v) to provide technical support; and/or (vi) to provide other services to you.

3. Affiliates.

   We may share some or all of your personal information with our parent company, subsidiaries, joint ventures, or other companies under common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy regarding the personal information we provide.

4. Corporate Restructuring.

   We may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition, sale of ownership interests or assets, or dissolution transaction involving the sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of a sale or an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If our company, business or assets is acquired by another company, that company will possess the personal information collected by us and it will assume the rights and obligations regarding your personal information as described in this Privacy Policy.

5. Social Networking Sites.

   One or more of the Services may enable you to post content to SNSs (e.g. Facebook and Twitter). If you choose to do this, we will provide information to such SNSs. You acknowledge and agree that you are solely responsible for your use of each SNS and that it is your responsibility to review the terms of use and privacy policy of the third-party provider of such SNS. We will not be liable for: (i) the availability or accuracy of such SNS; (ii) the content, products or services on or availability of such SNS; or (iii) your use of any such SNS.

6. Other Disclosures.

   Regardless of any choices you make regarding your personal information, we may disclose your personal information if we believe in good faith that such disclosure is necessary (i) to comply with relevant laws or to respond to subpoenas, warrants or other legal or administrative processes served on Sullivan’s; (ii) to protect and defend the rights or property of Sullivan’s, our Affiliates and/or users of our Services; (iii) in connection with a legal investigation; and/or (iv) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use. We reserve the right to report relevant information to law enforcement and to use your personal information to investigate any illegal activities or activities that do not comply with this Privacy Policy or the Terms of Use.

REWARDS PROGRAMS

Enrolling in Sullivan’s Rewards, or any of our other Rewards Program is completely voluntary. When you enroll in a Rewards Program, Sullivan’s will collect personal information about you that may include your name, mailing address, email address, phone number and/or other information. We store this information so that we can administer the program properly, process your rewards, and communicate offers to you based on your interests. From time to time, we may ask you to supply other information about your household’s consumer interests.  Certain information may be required in order to participate in a Rewards Program and other information may be voluntary. If you do not wish to provide any mandatory information, you may choose not to participate in any Rewards Program.

Sullivan’s Rewards Programs are subject to the other provisions of this Privacy Policy except where we specifically state otherwise. Each Rewards Program may have additional terms or policies that supersede this Privacy Policy.

A NOTE ABOUT CHILDREN

We do not intentionally gather personal information about Site visitors or Application users who are under the age of 13. Furthermore, we do not intentionally allow Site or Application users under the age of 18. If you are under the age of 18, please do not provide us any personal information or use the Services without receiving your parent’s or guardian’s permission. If a child under 13 submits personal information to Sullivan’s and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any personal information from a child under 13, please contact us through our contact us form or write us at Sullivans Eatery and Creamery, 6444 North Oracle Road, Tucson, AZ 85704, Attn: Customer Service.

LINKS TO OTHER SITES

Our Site may contain links to third-party websites. When you click on a link to any other website or location, you will leave our Site and go to another site and another entity may collect personal and/or anonymous information from you. Our provision of a link to any other website or location is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to outside websites.

YOUR CHOICES REGARDING YOUR INFORMATION.

You have several choices regarding use of information on our Services.

1. Cookies.

   If you decide at any time that you no longer wish to accept cookies from our Site for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser’s technical information. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of the Services.

2. De-Linking SNS.

   If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook or Twitter) linked to your Account, then you may close your Account with Sullivan’s. Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account or mobile device.

3. Application.

   You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the Application marketplace or network.

4. How We Respond to Do Not Track Signals.

   Some web browsers transmit “do not track” signals to the websites and other online services with which your web browser communications. There is currently no standard that governs what, if anything, websites should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard is established, we may revise our policy on responding to these signals.

INFORMATION SECURITY

We work hard to protect Sullivan’s and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:

• We encrypt some of our Services using SSL.
• We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
• We restrict access to personal information to Sullivan’s employees, consultants, contractors and agents who need to know that information in order to process it for us and who are subject to contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

PRIVACY POLICY UPDATES

This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we collect, use, or disclose your personal information, we will post a notice on the Site and within the Application. You should look at the Privacy Policy regularly. Any changes to this Privacy Policy will be effective thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. If you object to any such changes, you must notify us prior to the effective date of such changes that you wish to deactivate your Account with us. Continued use of our Services following the effective date of any such changes shall indicate your acknowledgement of such changes. If you do not agree to the modified provisions of this Privacy Policy, you should discontinue your use of the Services.

CONTACT US

If you have questions or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us through our contact us form or write us at Sullivan’s Eatery and Creamery, 6444 North Oracle Road, Tucson, AZ 85704, Attn: Customer Service.