NOODLES & COMPANY PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

Last Updated on August 1, 2023

This Privacy Notice for California Residents (the “CA Privacy Notice”) supplements the information contained in the Noodles & Company (“Noodles,” “we,” or “us”) Privacy Notice and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this CA Privacy Notice to comply with applicable California law, including the California Consumer Privacy Act of 2018 and the California Privacy Rights Act of 2020 (collectively, the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this CA Privacy Notice. Any other capitalized but undefined term shall have the meaning set forth in the Privacy Notice.

Please note that some of our restaurants are owned and operated by franchisees, who are independent from us. This CA Privacy Notice does not apply to franchisees or to websites or mobile apps that they operate. Please refer to the applicable franchisees’ privacy notices for information on how they collect and use your information.

As used in this CA Privacy Notice “Personal Information” means 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. Personal Information does not include deidentified or aggregated consumer information, publicly available information from government records, or any other information outside the scope of the CCPA.

INFORMATION WE COLLECT

The Site or Mobile App has collected the following categories of Personal Information from its consumers within the last 12 months and will continue to collect such information in the future:

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 purchases and payments

•    To process your requests, purchases, payments, and transactions and to prevent transactional fraud.

To provide membership, account, services, and rewards

•    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.

To maintain the Site or Mobile App and perform Site or Mobile App and/or service analytics:

•    For testing, research, analysis, and product development, including to develop and improve this Site or Mobile App and our products and services.
•    To provide, support, personalize, and develop this Site or Mobile App 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 market our products or services to you

•    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, unrelated, or incompatible purpose without providing you notice.

DISCLOSURES OF PERSONAL INFORMATION FOR A BUSINESS PURPOSE

In the preceding 12 months, Noodles has disclosed the following categories of Personal Information for a business purpose:

•    Identity Data; 
•    Customer Records; and
•    Commercial Data.

We disclose your Personal Information for a business purpose to the following categories of third parties:

•    Third-party service providers.

sale or sharing of personal information

Our use of tracking technology, including cookies and related technology, may be considered a sale/sharing under the CCPA.

The categories of Personal Information disclosed that may be considered a sale/sharing include:  Identity Data, Device Information and Other Unique Identifiers, Internet or Other Network Activity, Geolocation Data, and Commercial Data.

The categories of third parties to whom Personal Information was disclosed that may be considered a sale/sharing include:  advertisers and marketing partners, data analytics providers, and social media networks.

RETENTION

We retain your Personal Information as described in our Privacy Notice.

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.

Opt-Out Rights

Our use of your Personal Information may be considered a sale/sharing under CCPA. If you or an authorized representative would like to opt out of the sale/sharing of your Personal Information you may click “Do Not Sell Or Share My Personal Information” [LINK] (also found at the bottom of the page), or you may broadcast the Global Privacy Control signal or similar Universal Opt-Out Mechanism (see Universal Opt-Out Mechanism) through your web browser or device. More information on Global Privacy Controls can be found here.

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.
•    The categories of sources for the Personal Information we collected about you.
•    Our business or commercial purpose for collecting or selling your Personal Information.
•    The categories of third parties with whom we share your 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 consumer request, we will provide you with the requested information. See the following sections of this CA Privacy Notice, Exercising Access, Data Portability, Deletion, and Correction 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 consumer request (see Exercising Access, Data Portability, Deletion, and Correction Rights), we will delete (and direct our service providers to correct) 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:

•    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.
•    Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
•    Debug products to identify and repair errors that impair existing intended functionality.
•    Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
•    Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
•    Engage in public- or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
•    Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
•    Comply with a legal obligation.
•    Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
 

Data Correction Rights

You have the right to request that Noodles correct inaccurate Personal Information that we collected from you and retained, taking into account the nature of the Personal Information and the purposes of processing the Personal Information. Once we receive and confirm your consumer request (see Exercising Access, Data Portability, Deletion, and Correction Rights), we will use commercially reasonable efforts to correct the inaccurate Personal Information (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
 

EXERCISING ACCESS, DATA PORTABILITY, DELETION, AND CORRECTION RIGHTS

Only you, or someone legally authorized to act on your behalf, may make a “verifiable consumer request” (subsequently referred to as a “consumer request”) related to your Personal Information. You may also make a 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. To be verifiable, a consumer request must include:

•    Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative and that you have rights under this notice.
•    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 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 consumer request to verify the requestor’s identity or authority to make the request.

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

•    calling us at 1-833-568-6108, or
•    emailing us at [email protected].
 

RESPONSE TIMING AND FORMAT

We endeavor to respond to a consumer request within 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 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, if technically feasible.

We do not charge a fee to process or respond to your 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.

NOTICE OF FINANCIAL INCENTIVE

We offer our customers a loyalty program (“Noodles Rewards” [LINK]) that provides certain perks, such as freebies. We may also offer you promotional campaigns such as sweepstake or contents (“Promotional Offers”). When you sign up for the loyalty program or Promotional Offers, we typically ask that you provide your name, email address, and phone number as well as any information that may be specific to the Promotional Offers. You should review the terms and conditions of the loyalty program or Promotional Offers to view the full details of such loyalty program or Promotional Offers. You may also withdraw from the loyalty program and/or Promotional Offers at any time by contacting us at [email protected].

The loyalty program and/or Promotional Offers may be considered a “financial incentive” under CCPA because it involves the collection of your Personal Information, and we may use that Personal Information to offer you the perks in the loyalty program and/or Promotional Offers. 

The value of your Personal Information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the loyalty program and/or Promotional Offers, less the expense related to offering those products, services, and benefits to you.
 

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 § 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 email to [email protected] 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 notice to our Site to notify you of these changes, and we will only use data collected from the time of the notice 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 CA Privacy Notice, the ways in which Noodles collects and uses your information described above and in the Privacy Notice, 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: [email protected]
Postal Address:
Noodles & Company
Attn: Noodles Guest Relations
520 Zang Street, Suite D
Broomfield, CO 80021
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