This California Privacy Notice (“Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”) as a supplement to other privacy policies or notices issued by Bloomin’ Brands, Inc. (“Bloomin’” “us” “we” our”). In the event of a conflict between any other Bloomin’ policy, statement, or notice and this Notice, this Notice will prevail as to California Consumers and their rights under the CCPA.
In accordance with the CCPA’s requirements, this Notice covers the calendar year 2020 and describes our collection, use, disclosure, and “Sale” of California Consumers’ “Personal Information” or “PI” as defined by the CCPA, as well as the rights California Consumers have under the CCPA. Terms defined in the CCPA that are used in this Notice have the same meanings as in the CCPA.
Consistent with the CCPA, job applicants, current and former employees and contractors, and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered Consumers for purposes of this Notice or the rights described herein.
COLLECTION AND USE OF PERSONAL INFORMATION
We collect PI about California Consumers as described in the table below.
|Category||Examples of PI Collected||Sources of PI||Purposes for PI Collection||Categories of Recipients|
|Identifiers||Name, postal address, Internet Protocol address, email address, telephone number, MAC Address, device model, device carrier information, software version|
|Customer / Individual Records||Name, address, telephone number, email address, subset of payment card details|
|Commercial Information / Purchase Details||Purchase history or tendencies|
Name, Address, email address, telephone information, payment details
|Internet Usage Information||Browsing history, information regarding interactions with our website or advertisements|
|Geolocation Data||Precise physical location,|
In addition, we may collect, use, and disclose your PI as required or permitted by applicable law. We do not treat “Deidentified” data or “Aggregate Consumer Information” as PI, and we reserve the right to convert, or permit others to convert, your PI into Deidentified data or Aggregate Consumer Information. We may share your PI with certain business partners, service providers, vendors (including those that facilitate interest-based advertising and other advertising and marketing), and other parties as described in the table above.
CALIFORNIA PRIVACY RIGHTS
Under the CCPA, California Consumers have certain rights which they may exercise independently or through an authorized agent. CCPA rights requests are subject to an identification and verification process. We will not fulfill a CCPA request unless we have been provided sufficient information for us to reasonably verify the identity of the requestor and the validity of the request.
Some PI we maintain about Consumers (e.g., clickstream data) is not sufficiently associated with enough PI about the Consumer for us to be able to verify that it is a particular Consumer’s PI. Accordingly, we will not include such information in response to Consumer requests. If we cannot comply with a request, we will explain the reasons in our response. You are not required to create an account with us to make a verifiable request, but you may use your account to do so. We will use PI provided in your request to verify your identity or authority to make the request and to track and document request responses, unless you also provided the PI to us for another purpose.
Your California Consumer privacy rights are described below. To make a request, CLICK HERE to connect with our CCPA portal and provide the following information, including the nature of your request.
- First Name
- Last Name
- Email address
- Telephone number
- Subject: CCPA Request
or call us at 866-265-0174.
In order to verify your identity, you must contact us from the email or phone number associated with your request. We will then follow-up with an outbound communication to you where you may be required to take further action to confirm your identity. Please follow the instructions above and promptly respond to any follow-up inquires. Once your identity has been verified, if you have requested that we provide you with specific pieces of information which BBI has about you, we will promptly respond.
For requests through an authorized agent, contact us via phone, or you may send mail to:Attention: Legal Counsel Bloomin’ Brands, Inc Suite 500 2202 N. Westshore Blvd Tampa, FL 33607
Authorized agents must provide either a valid Power of Attorney or proof that you have registered with the California Secretary of State to act on behalf of the identified individual.
We may collect, use, and disclose your PI as required or permitted by applicable law. Please note we are not obligated to comply with Consumer requests to the extent that doing so would infringe on our, or any other person’s or party’s rights, or conflict with applicable law.
You have the right to request that we disclose the following information about your PI that we have collected and are maintaining for the 12-month period prior to your request date. Consumer requests of this nature may be made no more than twice in a 12-month period.
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for collecting or Selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
- A list of the categories of PI Sold about you in the prior 12 months, or that no Sale occurred. If we Sold your PI, we will explain:
- The categories of your PI we have Sold.
- The categories of third parties to which we Sold PI, by categories of PI Sold for each third party.
You have the right to obtain a transportable copy of your PI that we (1) collected in the 12 months prior to the request date, and (2) currently are maintaining. Please note that we retain PI for various time periods in accordance with applicable law and our internal recordkeeping policies and procedures.
“DO NOT SELL” RIGHTS
Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to represent a “do not sell” request by you; accordingly, currently we do not view these signals as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
We do not knowingly Sell the PI of Consumers. All consumers, regardless of age, may opt out of our promotional emails by clicking the ‘unsubscribe’ link on each of our brand emails.
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Our retention rights include, without limitation, to complete transactions and service you have requested, for security purposes, for legitimate internal business purposes, including maintaining business records, to comply with law, to exercise or defend legal claims, and to cooperate with law enforcement.
NON-DISCRIMINATION AND FINANCIAL INCENTIVE PROGRAMS
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of goods or services, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, Sale, retention, and use of your PI as permitted by the CCPA; such offers may result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. For details of our current financial incentive program and its terms, including how to opt-in or withdraw your opt-in, program benefits, refer to DineRewards Terms and Conditions.
Please note that participating in incentive programs is entirely optional; participants affirmatively opt into the program, and can opt out of the program (i.e., terminate participation and forgo the ongoing incentives) by following the instructions in the program’s description and terms. We may add or change incentive programs and/or their terms by posting a notice on the program descriptions and terms linked to above, so check them regularly.
OTHER CALIFORNIA NOTICES
California’s “Shine the Light” law permits California residents to request certain information regarding our disclosure of PI to third parties for their own direct marketing purposes.
We do not share personal information with third parties for their direct marketing purposes without either obtaining your consent or giving you the ability to opt-out. If you are a California resident, you may request information about our compliance with the Shine the Light law by contacting us at PRIVACY@BLOOMINBRANDS.COM or by sending a letter toAttention: Legal Counsel Bloomin’ Brands, Inc. Suite 500 2202 N. Westshore Blvd Tampa, FL 33607
Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, ZIP code, email address and telephone number. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this email address or mail address.
Please note that “Shine the Light” rights and CCPA rights are established under different legal regimes and must be exercised separately.