CALIFORNIA PRIVACY POLICY

SPECIAL PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

If you are a California resident, please read the following Privacy Policy (“Policy”).

This Policy describes how information obtained from California consumers, including visitors to the www.hardees.com website (“Website”), Hardee’s mobile application (“Application”), and Hardee’s company-owned and franchised-locations, where applicable (“Locations”) is collected, used, sold, and disclosed by Hardee’s Restaurants LLC and its parents, subsidiaries, franchisees and affiliates, and their respective stockholders, directors, officers, employees, agents, successors and assigns (collectively, “Hardee’s,” “we,” “us,” or “our”). This Policy also explains how you can make requests of Hardee’s to know about your personal information, delete your personal information and opt-out of the sale of your personal information. Please note that this Policy applies to information collected by Hardee’s and/or independently owned and operated franchised locations, where applicable, and supplements the information contained in Hardee’s Privacy Policy, available here.

For ease of reference, you may click on any of the following links to jump to one of the sections addressed below:

California’s Shine the Light Law

California’s Consumer Privacy Act

  1. California Residents’ Rights Under the California Consumer Privacy Act
  2. Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed
  3. Methods for Submitting CCPA Requests to Hardee’s
  4. Verification Process
  5. Authorized Agents
  6. Response Timing and Format
  7. Do Not Sell My Personal Information
    8. Financial Incentive Offers
    9. Metrics Regarding CCPA Requests and Responses During the Previous Calendar Year
    10. Children Under the Age of 13
    11. Contact Us for More Information


CALIFORNIA’S SHINE THE LIGHT LAW

Subject to certain limits under California Civil Code section 1798.83, California residents may ask Hardee’sto provide them with (i) a list of certain categories of personal data that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. California residents may make one request per calendar year.

To make this request, you may contact Hardee’s at the mail or email address listed in the “Contact Us for More Information” section below. In your request, please state that you are a California resident and provide a current California address for our response. Please allow up to thirty (30) calendar days for a response. Hardee’s reserves its right not to respond to such requests submitted to addresses other than those specified in the “Contact Us for More Information” section below.

CALIFORNIA’S CONSUMER PRIVACY ACT

Definitions Specific to this Policy The California Consumer Privacy Act of 2018, California Civil Code sections 1798.100 et seq. (“CCPA”) includes definitions for terms specific to this California Privacy Policy that do not apply to Hardee’s privacy policy

1. California Residents’ Rights Under the California Consumer Privacy Act

If you are a California resident, you have certain rights regarding information that is treated as Personal Information under the CCPA.  

  • The right to know what categories of Personal Information are being collected, sold, or disclosed and the categories of sources of that Personal Information. 

You have the right to know what categories of Personal Information we collect, sell, or disclose about you, as well as the categories of third parties who purchased or received your Personal Information and the categories of sources of that Personal Information.  These categories are described below in the “Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed” section below.  We are also required to provide to you, before or at the point of collection, with a general notice about the categories of Personal Information collected by us and how we intend to use the collected Personal Information. 

  • The right to access collected Personal Information

You have the right to request that we provide a copy of your Personal Information that we collected, sold, or disclosed in the preceding twelve (12) months. Only you, or someone you legally authorize to act on your behalf, may make a request related to your Personal Information. You may submit a maximum of two requests in a 12-month period. 

You must provide sufficient information to enable us to reasonably verify your identity or that of your authorized agent. We will only use the Personal Information provided in your request to verify your identity or that of your authorized agent.  Please note that we cannot provide any Personal Information in response to a request if we cannot verify your or your authorized agent’s identity, or your authorized agent’s authority to make the request on your behalf, and/or if we cannot confirm that the collected Personal Information relates to you.  

You are not required to create an account with us before submitting a verifiable request. However, if you maintain an account with us at the time of submitting a request, then you or your authorized agent must submit the request via https://privacy.ckr.com/.

After receiving and verifying your request, we will provide the following information (depending on your request):

 

o   The categories of Personal Information collected about you in the preceding twelve (12) months.

o   The sources of that Personal Information by category.

o   The business or commercial purpose(s) for collecting or selling that Personal Information.

o   The categories of third parties with whom we shared that Personal Information.

o   The specific pieces of Personal Information collected about you.

 

See the “Methods for Submitting CCPA Requests to Hardee’s” section below for information on how you can exercise your right to access collected Personal Information. For more information, see also the “Response Timing and Format” section below.

  • The right to request deletion of Personal Information

With certain exceptions, you have the right to request that we and our service providers delete Personal Information we or our service provider collected or maintained. Once we receive and verify your request, we will delete and instruct any applicable service providers to delete your Personal Information from our records, unless an exception applies.

We and our service providers may deny a verified deletion request if we must maintain your Personal Information to:

  •     Complete the transaction or provide a good or service requested by you for which we collected the Personal Information, or otherwise perform a contract between us.
  •     Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity.
  •        Debug to identify and repair errors that impair existing intended functionality of our systems.
  •    Exercise a legal right provided for by law, including exercising or ensuring free speech rights.
  •   Comply with the California Electronic Communications Privacy Act (California Penal Code sections 1546 to 1546.4).
  •   Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest if:
  •     the research adheres to all other applicable ethics and privacy laws;
  •         deleting the Personal Information is likely to make the research impossible or seriously impair it; and
  •      you provided informed consent during the initial data collection.
  •      Enable our internal use in a manner that you would reasonably expect based on your relationship with us.
  •   Comply with our legal obligations.
  •   Otherwise use your Personal Information internally in a lawful manner that is compatible with the context in which you provided the information.

See the “Methods for Submitting CCPA Requests to Hardee’s” section below for information on how you can exercise your right to delete collected Personal Information.

 

  • The right to opt-out of the sale of Personal Information

You have the right to opt-out of the “sale” of your Personal Information to other businesses or third parties.  The CCPA defines “sell,” “selling, “sale”, and “sold” to include selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means. 

Once we receive an opt-out request, we will act upon the request as soon as commercially reasonable, but no later than fifteen (15) business days from the date we receive the request. We will also notify all third parties to whom we have sold the Personal Information after receiving the request, but before we are able to comply with the request, that you have exercised your opt-out right and instruct them not to resell the Personal Information.

However, if we have a good-faith, reasonable, and documented belief that the request is fraudulent, we will deny the request and provide you with an explanation of our rationale.

You may elect to opt-in to the sale of Personal Information after opting-out. In the event that a transaction requires the sale of your Personal Information as a condition of completing the transaction, we will inform you of this and provide instructions on how you can opt-in.

See the “Do Not Sell My Personal Information” section below for more on how to opt-out of the sale of Personal Information. 

 

  • The rights of California consumers who are less than 16 years of age

    We do not intend to provide goods or services to, or collect information from, California consumers who are less than 16 years of age.  We do not sell the personal information of consumers who we actually know are less than 16 years of age (or any consumers).  
  • The right to be free from discrimination

You have the right to equal service, and we will not discriminate against you if you exercise your rights under the CCPA. However, under certain circumstances, we may offer you special discounts or other incentives for the right to continue to collect, use, or sell your Personal Information.  In that event, we will notify you of the relevant program’s material terms and obtain your voluntary opt-in consent to the program. 

 

2. Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed

We collect a variety of categories of Personal Information about California consumers, their household, and/or their devices from both online and offline sources. We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated, or incompatible purposes without providing advance notice.

In particular, we have collected the types of Personal Information indicated in the chart below in the last twelve (12) months:

Category Examples Collected

A. Identifiers Name, signature, address, telephone email, account name, Social Security number, driver’s license number, passport number, online identifier, IP address YES

B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1797.80(e)) A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories. YES

C. Protected classification characteristics under California or federal law Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES

D. Commercial information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

E. Biometric Information Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, face prints, and voice prints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO

F. Internet or similar network activity Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement YES

G. Geolocation data Physical location or movements NO

H. Sensory data Audio, electronic, visual, thermal, olfactory or similar information NO

I. Professional or employment related information Current or past job history or performance evaluations YES

J. Non-public education information Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO

K. Inferences drawn from other personal information Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO

 

We have obtained the Personal Information listed above from the following sources:

• Directly from you. For example, from your use of the Application, forms you complete on our Website, online ordering, job applications or the purchase of products such as gift cards.

• Indirectly from you. For example, through your interaction on our Website or with our advertisers.

We may have collected, shared and/or sold the Personal Information described above for one or more of the following business or commercial purposes:

• To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request ask a question about our products, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product such as a gift card, we will use that information to process your payment and facilitate delivery.

• To provide, support, personalize, and develop our Website, products, and services.

• 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 personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).

• To consider your application for employment.

• 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.

• We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

We may have disclosed for a business purpose the following Personal Information to the specified categories of third parties in the preceding twelve (12) months:

• Personal Identifiers. Recipients of this information may include: Our affiliates (including Hardee’s Restaurants LLC) and parent company and its and their respective franchisees, service providers, cloud platform providers, business partners and third parties.

• Personal information categories listed in the California Customer Records statute. Recipients of this information may include: Our affiliates (including Hardee’s Restaurants LLC) and parent company and its and their respective franchisees, service providers, cloud platform providers, business partners and third parties.

• Protected classification characteristics under California or federal law. Recipients of this information may include: Our affiliates (including Hardee’s Restaurants LLC) and parent company and its and their respective franchisees, service providers, cloud platform providers, business partners and third parties.

• Commercial information. Recipients of this information may include: Our affiliates (including Hardee’s Restaurants LLC) and parent company and its and their respective franchisees, service providers, cloud platform providers, business partners and third parties.

• Internet or similar network activity. Recipients of this information may include: Our affiliates (including Hardee’s Restaurants LLC) and parent company and its and their respective franchisees, service providers, cloud platform providers, business partners and third parties.

• Professional or employment related information. Recipients of this information may include: Our affiliates (including Hardee’s Restaurants LLC) and parent company and its and their respective franchisees, service providers, cloud platform providers, business partners and third parties.

 

We may have shared or sold the Personal Information listed above with the following categories of third parties in the last twelve (12) months:

 

• Our affiliates (including Hardee’s Restaurants LLC) and parent company and its and their respective franchisees, service providers, cloud platform providers, business partners and third parties.

3. Methods for Submitting CCPA Requests to Hardee’s

You have the right to submit a verifiable request to us using the following methods:

• Online Request Form. You may submit a request to know by completing the online CCPA Consumer Request to Know Form located on our privacy page here or a request to delete by completing the online CCPA Consumer Request to Delete Form located on our privacy page here.

• Toll-Free Telephone Call. You may submit requests by calling our toll-free CCPA Request Hotline at 1-800-227-5757. A member of our team will acknowledge your request and guide you through the verification process within ten (10) business days.

 

See the “Do Not Sell My Personal Information” section below for more on how to submit a request to opt-out of the sale of Personal Information.

4. Verification Process

Once we receive a request to know or to delete, we must verify your identity before we can respond. You will be required to provide the some or all of the following information for verification purposes:

• Your first and last name

• Your e-mail address

• Your telephone number

 

If you submit either a request to know specific pieces of Personal Information collected, or a request to delete sensitive, irreplaceable, or otherwise valuable Personal Information, you (or your authorized agent, if applicable) will be required to provide a signed declaration affirming your identity (or your authorized agent’s identity, if applicable). The declaration is included on the online CCPA Consumer Request to Know Form and online CCPA Consumer Request to Delete Form, both located here .

5. Authorized Agents

An authorized agent is either a natural person or a business entity registered with the California Secretary of State that a consumer has authorized to act on his or her behalf.

 

You may use an authorized agent to submit a request to know, to delete or to opt-out. You may make such a designation by providing the agent with written permission to act on your behalf. We will require the authorized agent to provide either (1) a power of attorney; or (2) proof of your signed permission. In addition to proof of your written permission, we may require you to verify your own identity and directly confirm that you provided the agent permission to submit the request.

6. Response Timing and Format


  • Acknowledgement of receipt of request

We will confirm receipt of a request from you within ten (10) business days. This confirmation will provide information about how we will process the request, including a description of our verification process and an approximation of when we will send you a substantive response. 

  • Substantive Response

We will respond to a verifiable request from you within forty-five (45) calendar days. If we cannot respond in that time, we will notify you in writing that we need an additional forty-five (45) calendar days and explain the reason for the needed additional time.

If you have an account with us, we will respond to that account. If you do not have an account with us, we will deliver the written response by mail or e-mail, at your option.

Any disclosures we provide will cover only the 12-month period preceding our receipt of your verifiable request. If we cannot comply with your request, we will explain why. If you have requested to know specific Personal Information we collected (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 a verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why and provide you with a cost estimate before completing the request.

  • Acting upon opt-out requests

We will act upon an opt-out as soon as commercially reasonable, but no later than fifteen (15) business days from the date we receive the request. 

7. Do Not Sell My Personal Information

You have the right to direct us not to sell your Personal Information and you may exercise this right at any time. Once you opt-out, we will not sell your Personal Information unless you give us authorization to do so. We will not ask you to reauthorize such sales until 12 months have passed since complying with request to opt-out.

If you are a California consumer and wish to opt-out of the sale of your Personal Information, you may submit an opt-out request by clicking on the following link: https://privacy.ckr.com/. You may also submit an opt-out request via the other methods described above in Section 3.

8. Financial Incentive Offers
 At this time, we do not offer any financial incentives or price or service differences that relate to our collection, retention, or use of your Personal Information. However, if this changes we will provide a written description of the material terms of the financial incentive or price or service difference to you in a written Notice of Financial Incentive, and you will only be enrolled as a participant if you affirmatively opt-in to the program. You may revoke your opt-in consent at any time. The Notice of Financial Incentive will explain the processes for opting-in to participate and revoking your consent (opting-out).  

 

 

 

9. Metrics Regarding CCPA Requests and Responses During the Previous Calendar Year

At the end of each calendar year, starting in 2020, we will report as applicable regarding the number of requests to know, delete or opt-out that we received, complied with in whole or in part, or denied, and the median length of our response time.

10. Children Under the Age of 13

Under California law, consumers who are less than 16 years of age must provide affirmative authorization, or a parent or guardian of a consumer less than 13 must provide affirmative authorization, before a business may sell their Personal Information.  This is referred to as the “right to opt-in.” Hardee’s does not have any actual knowledge that we sell the Personal Information of California consumers who are less than 16 years of age. 

11. Contact Us for More Information

California consumers who have questions or concerns about our privacy policies and practices may contact a trained customer service representative through one of the following methods:

When contacting our customer service, please include in the communication or have available the information listed under the “Verification Process” section above. If using an authorized agent, please include in the communication or have available proof of authorization.

Last updated on: September 1, 2020

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