NOODLES & COMPANY PRIVACY NOTICE FOR COLORADO RESIDENTS

Last Updated on August 1, 2023

This Privacy Notice for Colorado Residents (the “CO 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 Colorado (“consumers” or “you”). We adopt this CO Privacy Notice to comply with applicable Colorado law, including the Colorado Privacy Act, as amended from time to time ( “CPA”) and any terms defined in the CPA have the same meaning when used in this CO Privacy Notice. Any other capitalized but undefined terms shall have the meanings 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 notice does not apply to franchisees or to websites or mobile apps that they operate. Please refer to out applicable franchisees’ privacy notices for information on how they collect and use customer information. 

As used in this CO Privacy Notice “Personal Data” means information that is linked or reasonably linkable to an identified or identifiable individual. Personal Data does not include de-identified data, publicly available information, or data outside the scope of the CPA.
 

COLLECTION AND USE OF PERSONAL DATA.

Please refer to our general Privacy Notice for more information on how we collect and use your Personal Data.

DISCLOSURE OF INFORMATION 

We may disclose your Personal Data to third parties, including, analytics companies, payment processors, franchisees, hosting providers, and governmental agencies. Please refer to our general Privacy Notice for more information how we disclose your Personal Data to third parties.

SALE OR USE OF INFORMATION FOR TARGETED ADVERTISING

Our use of tracking technology, including cookies and related technology, may be considered a sale or targeted advertising under the s.

The categories of Personal Data disclosed that may be considered a sale/targeted advertising include: Contact Information, Delivery Information, Non-Personal Information/Automated Information, Social Network Information, Demographic Information, and Commercial Data.

The categories of third parties to whom Personal Information was disclosed that may be considered a sale include: advertisers, marketers, data analytics providers, and payment or financial providers.

RIGHTS AND CHOICES OF COLORADO RESIDENTS

The CPA also provides Colorado residents with specific rights regarding their Personal Data. This section describes the rights of Colorado residents under the CPA and explains how to exercise those rights. Certain requirements must be met for a Colorado resident to exercise their rights, see Exercising Rights below for more information on what requirements must be met and how to exercise said rights. 

A.    Opt-Out Rights 

i.    Targeted Advertising. 

Our use of tracking technology, including cookies and related technology, may be targeted advertising under the CPA. If you would like to opt out of this advertising you may click “Do Not Sell Or Share My Personal Information” (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.

ii.    Sale of Your Information

We may exchange your Personal Data for monetary or other valuable consideration which may be defined as a “sale” under the CPA. If you would like to opt out of the sale of your Personal Data you may click “Do Not Sell Or Share My Personal Information” (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.

iii.    Profiling 

We will not use your Personal Data for the purpose of profiling in furtherance of solely automated decisions that produce legal or similarity significant effects concerning the consumer.

iv.    Conflict of Consent

If you opt out through a preference signal and such signal conflicts with your existing consent/preference given to us or is in conflict with your voluntary participation in our rewards program or similar, we will comply with the opt out preference signal. Notwithstanding the foregoing, we may contact you to notify you of the conflict and give you the choice to confirm your preference as it relates to the existing consent.

B.    Access Rights Colorado residents have the right to request that we disclose certain information to you about our collection and use of your Personal Data. You may request the following:

•    confirmation whether or not we are processing your Personal Data; and
•    access your Personal Data that we process.

Once we receive and confirm a consumer request (see Exercising Rights), we will provide confirmation/access to the applicable Personal Data. Please also see Data Portability Rights for how we may provide information.

C.    Data Correction Rights

Colorado residents have the right to request that we correct inaccuracies in their Personal Data, considering the nature of the Personal Data and the purposes of the processing of the Personal Data. Once we receive and confirm a consumer request, we will use commercially reasonable efforts to correct the inaccurate Personal Data.

D.    Deletion Rights

Colorado residents have the right to request that we delete any of their Personal Data that we collected from or obtained about Colorado residents, subject to certain exceptions. Once we receive and confirm a consumer request, we will delete (and direct our processors to return or delete) their Personal Data from our records.

E.    Data Portability Rights

Twice during a calendar year, Colorado residents have the right to request that we provide a portable copy of the Personal Data that the Colorado consumer previously provided to us. Once we receive and confirm a consumer request, we will provide a copy of your Personal Data, to the extent reasonably and technically feasible, in a readily useable format to transmit the data to another business. 

EXERCISING RIGHTS 

Only Colorado resident or their authorized agent may make a “verifiable consumer request” (subsequently referred to as a “consumer request”) related to a Colorado resident’s Personal Data. A Colorado resident may also make a verifiable consumer request on behalf of his/her minor child or in the case of a guardianship or similar, the guardian may exercise such rights on a Colorado resident’s behalf. To be verifiable, a consumer request must include:

•    sufficient information that allows us to reasonably verify that the Colorado resident is the person about whom we collected Personal Data or to identify an authorized agent and verify that the authorized agent has the authority to submit a request on behalf of a Colorado resident.
•    Describe the request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Once we receive a consumer request, we will take commercially reasonable actions to authenticate the identity of the person exercising the request, including comparing any such identification information you have provided against data we hold on you. 

We cannot respond to your request or provide a Colorado resident with Personal Data if we cannot verify their identity or authority to make the request and confirm the Personal Data relates to that Colorado resident.

Making a verifiable consumer request does not require a Colorado resident to create an account with us, but we may require authentication of the consumer that is reasonable considering the nature of the Personal Data requested.

To exercise the rights described above, please submit a verifiable consumer request to us by:

•    Calling us at 720-214-1900; or
•    Emailing us at [email protected].

INITIAL REQUEST RESPONSE TIMING AND FORMAT

We endeavor to respond to a consumer request within 45 days of its receipt. If we require more time (for a maximum total of 90 days), we will notify the Colorado resident within 45 days of receiving the request that we require more time and a reason for the delay. Any disclosures we provide will only cover the 12-month period preceding the receipt of a consumer request.

We do not charge a fee to process or respond to a Colorado resident’s consumer request unless the request is made more than once in a 12-month period. If we determine that the request warrants a fee, we will inform the Colorado resident why we made that decision and provide him/her with a cost estimate before completing the request. 

If we determine that we will not act on a request, we will provide a response to you that includes the basis of our reasoning. If the reasoning is our inability to authenticate the request, we will explain the efforts we took to authenticate the request and why we were unable to do so. 

APPEALS RESPONSE TIMING AND FORMAT 

If we decide that we cannot comply with a Colorado resident’s initial request, that Colorado resident has a right to appeal our decision. Any appeal should be sent to the place where the initial request was sent (see Exercising Rights). The appeal should clearly indicate that it is an appeal of an initial request and should include the initial request along with our response explaining why we cannot comply with the request. We will review all appeals and provide a response within 45 days of receipt of the appeal. If we required more time (for a maximum total of 105 days), we will notify the Colorado resident within 45 days of receipt of the appeal that we require more time and a reason for the delay. Once we respond, we will inform the Colorado resident of any action taken or not taken along with an explanation of the reason in support of the response. If we cannot comply with a request after an appeal is made, Colorado residents may submit a complaint to the Colorado Attorney General, which can be found here: https://coag.gov/file-complaint/.

REVOCATION

If you would like to revoke our right to process your data after you consented, you may call us at 720-214-1900 or email us at [email protected] to revoke your consent. We will comply with your request as soon as practical.

BONA FIDE LOYALTY PROGRAMS

We offer our customers a loyalty program Noodles Rewards 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]. 

We do not collect any Personal Data through the loyalty program that we sell or process for targeted advertising. We do share some of your Personal Data with our service providers, including our advertisers, marketers, and analytics companies, solely to provide the services and benefits on the loyalty program.

CHANGES TO OUR PRIVACY NOTICE

From time to time, we may update this CO 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 Data, we will provide you with an opportunity to opt out of such new or different use. The date this CO Privacy Notice was last revised is at the top of this page. You are responsible for periodically reviewing the Site and this CO Privacy Notice to check for any updates or changes.

CONTACT INFORMATION

If you have any questions or comments about this CO 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 Colorado law, please do not hesitate to contact us at:

Phone: 1-833-568-6108
Website: http://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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