BLOOMIN’ BRANDS, INC. U.S. STATE-SPECIFIC PRIVACY NOTICE
This U.S. State-Specific Privacy Notice (“Notice”) supplements our Privacy Policy and describes how Bloomin’ Brands, Inc. and its subsidiaries (operating under Outback Steakhouse, Carrabba’s Italian Grill, Bonefish Grill, Fleming’s Prime Steakhouse & Wine Bar, Aussie Grill by Outback, Tender Shack, Outback & Carrabba’s Express), as well as Dine Rewards (collectively, “BBI” “us” “we” “our”), processes the Personal Information of “consumers” as defined by the privacy laws of California, Colorado, Connecticut, and Virginia. In the event of a conflict between any other BBI policy, statement, or notice and this Notice, this Notice will prevail as to California, Colorado, Connecticut, and Virginia consumers.
In this Notice, we may use the terms “Personal Information” and “Personal Data” interchangeably to refer to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an identified or identifiable person. Personal Information does not include information that is publicly available.
Unless otherwise noted, the disclosures that describe how and why we collect and use your Personal Information also describe how and why we collected and used your Personal Information within the past twelve (12) months.
If you are a California resident who is a current employee of BBI, our California Employee Privacy Notice applies to the Personal Information we obtain about you in the employment context. You may contact Human Resources or Privacy@BloominBrands.com to obtain a copy of the California Employee Privacy Notice that you received during onboarding.
Capitalized terms contained herein that are not defined by the applicable state privacy law shall have the same meaning as prescribed in our Privacy Policy.
How and Why We Collect Your Personal Information
We may collect the following categories of Personal Information about consumers. Note that the Personal Information we collect about you may vary depending on the nature of your interactions with us and may not include all of the examples listed below, and some examples may fall into more than one category.
Identifiers (such as name, email address, mailing address, unique personal identifier, telephone number, account login information, device identifier, Internet Protocol address, and company contact details (including company name, company address, company email address, and company telephone number))
o How We Use the Information: (1) to provide our products and services, including processing transactions, (2) to communicate with you, (3) to comply with applicable laws and regulations, (4) to send you marketing materials and advertisements, (5) to improve our products and services, (6) to allow you to participate in promotions, sweepstakes, and contests, (7) to audit, research and analyze your use of our Services, (8) to manage the quality, safety, and security of our products and services, including disclosures with regard to food safety, (9) to detect and prevent fraud or illegal activity, (10) to authenticate your identity, (11) to determine if you may fit a job need of ours and to contact you to see if you might be interested in a job for which you did not apply, (12) to respond to chats with our virtual job assistant, and (13) to assess your job application, including to manage your profile in our recruitment system, perform pre-screening checks, sending transactional SMS messages about the status of your application, and conducting job interviews
o Sources of Personal Information: (1) directly from you, (2) automatically when you use our Services, (3) from our affiliates, subsidiaries, service providers, or business partners that help us to run our business, and (4) from other individuals (e.g., when friends or family place a gift order)
o Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
o Why We Disclose Personal Information: (1) to process your transactions or requests for products or services, (2) to perform services on our behalf (e.g., fulfilling orders, processing payments, supporting promotions, providing communications, web/cloud hosting, analytics, tech support), (3) to ensure security and integrity of Personal Information, (4) to debug or identify and repair technical errors that impair intended functionality, (5) for short-term, transient use, (6) for advertising and marketing purposes, including auditing related to ad impressions, (7) in connection with activities to verify or maintain the quality or safety of our products and services, (8) to comply with applicable legal requirements, including disclosures concerning food safety and related health issues, and (9) to detect or protect against malicious, deceptive, fraudulent, or illegal activity
Personal Information described in Cal. Civ. Code §1798.80 (such as Identifiers listed above, tokenized instances of payment card details, signature, telephone number, employment and employment history, education, physical and electronic signature, and company financial information (such as routing numbers, etc.))
o How We Use the Information: (1) to provide our products and services, including processing transactions, (2) to communicate with you, (3) to comply with applicable laws and regulations, (4) to send you marketing materials and advertisements, (5) to improve our products and services, (6) to allow you to participate in promotions, sweepstakes, and contests, (7) to audit, research and analyze your use of our Services, (8) to manage the quality, safety, and security of our products and services, including disclosures with regard to food safety, (9) to detect and prevent fraud or illegal activity, (10) to authenticate your identity, (11) to determine if you may fit a job need of ours and to contact you to see if you might be interested in a job for which you did not apply, (12) to respond to chats with our virtual job assistant, and (13) to assess your job application, including to manage your profile in our recruitment system, perform pre-screening checks, sending transactional SMS messages about the status of your application, and conducting job interviews
o Sources of Personal Information: (1) directly from you, (2) automatically when you use our Services, (3) from our affiliates, subsidiaries, service providers, or business partners that help us to run our business, and (4) from other individuals (e.g., when friends or family place a gift order)
o Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
o Why We Disclose Personal Information: (1) to process your transactions or requests for products or services, (2) to perform services on our behalf (e.g., fulfilling orders, processing payments, supporting promotions, providing communications, web/cloud hosting, analytics tech support), (3) to ensure security and integrity of Personal Information, (4) to debug or identify and repair technical errors that impair intended functionality, (5) for short-term, transient use, (6) for advertising and marketing purposes, including auditing related to ad impressions, (7) in connection with activities to verify or maintain the quality or safety of our products and services, (8) to comply with applicable legal requirements, including disclosures concerning food safety and related health issues, and (9) to detect or protect against malicious, deceptive, fraudulent, or illegal activity
Characteristics of protected classifications Under California or Federal Law (such as age and date of birth, marital status, race, ancestry, ethnic origin, sex, gender, sexual orientation, gender identity, religion or creed, military or veteran status, medical condition, or disability)
o How We Use the Information: (1) to comply with applicable laws and regulations including the U.S. Equal Employment Opportunity Commission (“EEOC”) and California Civil Rights Agency (“CCRA”) requirements, and other equal opportunity initiatives, and (2) to support our recruitment and diversity, equity, and inclusion programs and initiatives
o Sources of Personal Information: directly from you
o Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
o Why We Disclose Personal Information: to comply with applicable legal requirements
Commercial Information (such as records of purchase history, purchase tendencies, or purchases considered)
o How We Use the Information: (1) to provide our products and services, including processing transactions, (2) to send you marketing materials and advertisements, (3) to improve our products and services, (4) to allow you to participate in promotions, sweepstakes, and contests, (5) to reimburse you if you travel for a job interview and seek reimbursement, and (6) to detect and prevent fraud or illegal activity
o Sources of Personal Information: (1) directly from you, (2) automatically when you use our Services, and (3) from our affiliates, subsidiaries, service providers, or business partners that help us to run our business
o Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
o Why We Disclose Personal Information: (1) to process your transactions or requests for products or services, (2) to perform services on our behalf (e.g., fulfilling orders, processing payments, supporting promotions, providing communications, web/cloud hosting, analytics tech support), (3) to ensure security and integrity of Personal Information, (4) for advertising and marketing purposes, including auditing related to ad impressions, (5) to comply with applicable legal requirements, and (6) to detect or protect against malicious, deceptive, fraudulent, or illegal activity
Internet or Other Electronic Network Activity Information (such as browsing, search history, and information regarding interactions with our Services or advertisements)
o How We Use the Information: (1) to provide our products and services, including processing transactions, (2) to send you marketing materials and advertisements, (3) to improve our products and Services, (4) to audit, research and analyze your use of our Services, (5) to maintain the security of our Services, and (6) to detect and prevent fraud or illegal activity
o Sources of Personal Information: (1) automatically when you use our Services, and (2) from our affiliates, subsidiaries, service providers, or business partners that help us to run our business
o Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
o Why We Disclose Personal Information: (1) to process your transactions or requests for products or services, (2) to perform services on our behalf (e.g., fulfilling orders, processing payments, supporting promotions, providing communications, web/cloud hosting, analytics tech support), (3) to ensure security and integrity of Personal Information, (4) to debug or identify and repair technical errors that impair intended functionality, (5) for short-term, transient use, (6) for advertising and marketing purposes, including auditing related to ad impressions, and (7) to detect or protect against malicious, deceptive, fraudulent, or illegal activity
Geolocation Data (such as precise physical location)
o How We Use the Information: (1) to provide our products and services, (2) to determine which restaurant is closest to you, (3) to ensure you place your order from the right restaurant, (4) to send you marketing materials and advertisements, (5) to improve our products and services, and (6) to allow you to participate in promotions, sweepstakes, and contests
o Sources of Personal Information: (1) directly from you, and (2) automatically when you use our Services
o Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
o Why We Disclose Personal Information: (1) to process your transactions or requests for products or services, (2) to perform services on our behalf (e.g., fulfilling orders, processing payments, supporting promotions, providing communications, web/cloud hosting, analytics tech support), (3) for advertising and marketing purposes, including auditing related to ad impressions, and (4) to comply with applicable legal requirements, including disclosures concerning food safety and related health issues
Audio, electronic, visual, or similar information (such as audio recordings of customer service calls, and CCTV footage)
o How We Use the Information: (1) to improve our products and services, (2) to manage the security of our services and facilities, and (3) to detect and prevent fraud or illegal activity
o Sources of Personal Information: (1) automatically while you are on our property or using certain Services, and (2) from our affiliates, subsidiaries, service providers, or business partners that help us to run our business
o Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
o Why We Disclose Personal Information: (1) to perform services on our behalf (e.g., fulfilling orders, processing payments, supporting promotions, providing communications, web/cloud hosting, analytics tech support), (2) to ensure security and integrity of Personal Information, and (3) to detect or protect against malicious, deceptive, fraudulent, or illegal activity
Professional or Employment-Related Information (recruitment information (such as skills, qualifications, references, recommendations, languages spoken, and other information included in a resume, application form, or cover letter))
o How We Use the Information: (1) to determine if you may fit a job need of ours and to contact you to see if you might be interested in a job for which you did not apply, (2) to respond to chats with our virtual job assistant, (3) to contact references and conduct background checks (4) to assess your job application, including to manage your profile in our recruitment system, perform pre-screening checks, sending transactional SMS messages about the status of your application, and conducting job interviews
o Sources of Personal Information: directly from you
o Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
o Why We Disclose Personal Information: (1) to perform services on our behalf, and (2) for advertising and marketing purposes
Inferences (Inferences are used to create a profile reflecting your restaurant preferences, dining preferences, customer characteristics, and behavior)
o How We Use the Information: (1) to send you marketing materials and advertisements, (2) to improve our products and services, (3) to audit, research and analyze your use of our Services, and (4) to inform you about other employment positions you may be interested in
o Sources of Personal Information: drawn from the other categories of Personal Information we collect
o Categories of Recipients of Personal Information: subsidiaries, affiliates, service providers, and contractors
o Why We Disclose Personal Information: (1) to perform services on our behalf (e.g., fulfilling orders, processing payments, supporting promotions, providing communications, web/cloud hosting, analytics tech support), (2) to ensure security and integrity of Personal Information, (3) to debug or identify and repair technical errors that impair intended functionality, (4) for short-term, transient use, (5) for advertising and marketing purposes, including auditing related to ad impressions, and (6) to detect or protect against malicious, deceptive, fraudulent, or illegal activity
Additional information collected from job applicants. We may collect your Personal Information if you apply to work for us, attend a recruitment event, or otherwise participate in the BBI recruitment process. This Personal Information may include information relating to your eligibility to work in your jurisdiction (such as immigration and/or visa status), and criminal records information obtained through background checks. Your Personal Information may be submitted through or processed by our service providers, who share your information with us. For example, if you choose to import Personal Information about yourself from other websites (such as LinkedIn) or use a chatbot to ask recruitment-related queries, send communications, or schedule interviews, your information may be processed by one or more of our service providers. We may also collect Personal Information from our service providers, including via referrals, recruitment agencies, and background screening providers.
Additional Disclosures of Personal Information
Although we do not sell Personal Information in exchange for money, some of the ways in which we disclose Personal Information for advertising may be considered “sales” or “sharing” under some state privacy laws. We have sold and/or shared the following categories of Personal Information to outside parties, including marketing and advertising companies, for the purpose of providing analytics and targeted or cross-context behavioral advertising:
· Identifiers
· Personal Information described in Cal. Civ. Code §1798.80
· Commercial Information
· Internet or Other Electronic Network Activity Information
We do not have actual knowledge that we sell or share the Personal Information of consumers under 16 years of age.
How Long We Keep Your Personal Information
We keep the categories of Personal Information described above for as long as is necessary for the purposes described in this Notice or otherwise required or permitted by law. This generally means holding the information for as long as one of the following apply:
· Your Personal Information is reasonably necessary to manage our operations, to manage your relationship with us, or to satisfy another purpose for which we collected the information;
· Your Personal Information is reasonably necessary to carry out a disclosed purpose that is reasonably compatible with the context in which the Personal Information was collected;
· Your Personal Information is reasonably required to protect or defend our rights or property (which will generally relate to applicable laws that limit actions in a particular case); or
· We are otherwise required or permitted to keep your information by applicable laws or regulations.
Where information is used for more than one purpose, we will retain it until the purpose with the latest period expires.For more information about our retention policies, please contact us using the contact details below.
Submitting Requests Relating to Your Personal Information
If you are a resident of California, Colorado, Connecticut, or Virginia, you have the right to submit certain requests relating to your Personal Information as described below. To exercise any of these rights, please submit a request through our Portal or call us at 866-265-0174. Please note that we will need to authenticate your identity before your request can be processed. In order to verify your identity, we may ask you to contact us from the email address or phone number associated with your request. Depending on the nature of your request, we may also ask you to provide 2-3 pieces of Personal Information that we will match against our records to confirm your identity. Please follow the instructions in any correspondence regarding your request, and promptly respond to any follow-up inquires. If you have requested that we provide you with specific pieces of Personal Information which BBI has about you, we will apply heightened verification standards.
An authorized agent may submit a request on behalf of a consumer if the consumer has provided the authorized agent with power of attorney in accordance with the applicable law; alternatively, we will (1) require the authorized agent to present verifiable written authorization from the consumer that the authorized agent has the consumer’s permission to submit the request; and (2) independently verify the consumer’s own identity with us.
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 Personal Information provided in your request only to verify your identity or authority to make the request and to track and document request responses unless you also provided the Personal Information to us for another purpose.
If you choose to exercise any of the privacy rights described below, you will not receive discriminatory treatment from us. This means that we will not deny providing our products or services to you, charge you different prices or provide a different level or quality of products or services to you unless those differences are related to the value of your Personal Information.
California Privacy Rights
Right To Know. You have the right to request that we disclose the following information about your Personal Information that we have collected about you. Consumer requests of this nature may be made no more than twice in a 12-month period.
· The categories of Personal Information we have collected about you
· The categories of sources from which we collected your Personal Information
· The business or commercial purposes for collecting, selling, or sharing your Personal Information
· The categories of recipients to whom we have disclosed your Personal Information
· The specific pieces of Personal Information we have collected about you
· A list of the categories of Personal Information disclosed for a business purpose in the prior 12 months
· A list of the categories of Personal Information about you that was sold or shared in the prior 12 months, if any. If we sold your Personal Information, we will also list the categories of third parties to which we sold Personal Information, by categories of Personal Information sold for each third party
Right to Delete. Except to the extent we have a basis for retention under CCPA, you may request that we delete your Personal Information that we have collected directly from you and are maintaining.
Right to Correct Inaccurate Information. If you believe that Personal Information we maintain about you is inaccurate, you have the right to request that we correct that information.
Right to Opt Out of the Sale or Sharing of Personal Information. You have the right to opt out of the “sale” or “sharing” of your Personal Information and you may do so by indicating your opt out preferences through our cookie preference center which can be found on any of our websites. For more information on how we use cookies and other tracking technologies, please review our Privacy Policy.
Right to Non-Discrimination. We will not discriminate against you because you exercise your California privacy rights. This means that, consistent with California law, we will not deny providing our products or services to you, charge you different prices, or provide a different level or quality of products or services to you.
Notice of Financial Incentive
This Notice of Financial Incentive applies to our loyalty rewards program, Dine Rewards (“Dine Rewards”). Currently, Dine Rewards offers discounts and coupons to members as rewards for dining at our restaurants. We reserve the right to terminate or change the Dine Rewards program at any time at our sole discretion.
Program Details
|
Incentive Offered |
Material Terms |
How to Opt In |
|
Your account earns points or credits for dining at eligible restaurants. Points are accumulated to earn rewards that may be redeemed for discounts on future purchases. |
· You can view the full terms and conditions for Dine Rewards here. · Categories of Personal Information Collected: o Identifiers(e.g., name, email address, telephone number, zip code, date of birth) o Customer Accounts/ CommercialInformation(e.g., purchase history) o Inferences from Personal Information Collected(e.g., customer profiles including dining preferences, customer characteristics and behaviors) |
· You can join Dine Rewards by making an account at Dine-Rewards.com or in one of our apps. Alternatively, ask a server at one of our restaurants for help signing up. |
Value of Consumer Data
We treat the value of consumer data collected through Dine Rewards as the equivalent of relevant expenses related to the collection and retention of consumers’ Personal Information as part of Dine Rewards. The Financial Incentive we offer to consumers through Dine Rewards reasonably relates to the value of the consumer’s data.
Withdrawal from the Program
You have the right to withdraw from Dine Rewards at any time. You may do so by contacting us at DineRewards@BloominBrands.com or 1-877-546-7407.
Privacy Rights for Other States
This section provides additional information for residents of Colorado, Connecticut, and Virginia. If you are a resident of California, please review our California-specific disclosures above. If you are a resident of Colorado, Connecticut, and Virginia subject to certain conditions and restrictions set out in the applicable laws, you have the following rights with regard to your Personal Information:
Right to Access. You have the right to request access to and obtain a copy of any Personal Information that we may hold about you.
Right to Correct. You have the right to request that we correct inaccuracies in your Personal Information.
Right to Delete. You have the right to request that we delete Personal Information that we have collected from or obtained about you.
Right to Opt Out of Targeted Advertising. You have the right to request that we stop disclosures of your Personal Information for targeted advertising via cookies and tracking technologies by indicating your opt out preferences through our cookie preference center which can be found on any of our websites. For more information on how we use cookies and other tracking technologies, please review our Privacy Policy.
Right to Opt Out of Sales. You have the right to opt out of our Sales of your Personal Information.
Right to Opt Out of Profiling. You have the right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects. We do not use Personal Information to conduct profiling.
Right to Appeal. If you are unsatisfied with our actions related to the exercise of one of your privacy rights above, you may appeal our decision.
Contact Information
For more information regarding this Notice or your privacy rights, you may contact us toll-free at 866-265-0174 or email us at Privacy@BloominBrands.com. You may also write to us at:
Attention: Legal Counsel
Bloomin’ Brands, Inc.
2202 N. Westshore Blvd
Suite 500
Tampa, FL 33607
Last Updated: September 1, 2023