PRIVACY

Last modified: June 30, 2023

1. Introduction

Rubio’s Restaurants, Inc. (“Rubio’s” or “we” or “us”) respects your privacy and is committed to protecting it through our compliance with this policy.

This privacy notice (our “Privacy Notice”) describes the types of information we may collect from you or that you may provide when you visit the website rubios.com (our “Website”),use our mobile application (including to place an order)  (the “Mobile Application”), participate in our guest rewards program (“Rubio’s Rewards”), or call one of our restaurants to place an order (including for catering services) (a “Phone in Order”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. This Privacy Notice also describes the type of information we may collect from you or that you may provide when you place an online order through our Website and our practices for collecting, using, maintaining, protecting, and disclosing that information (a “Website Order”).

This policy applies to information we collect:

• on our Website
• when you place a Website order;
• when you sign up for or use our rewards program, Rubio’s Rewards;
• through mobile applications you download from an official mobile application store, such as the Apple App Store® or the Google Play Store® (including when you use our Mobile Application to place an order);
• in one of our restaurants, if you are a member of Rubio’s Rewards or place a Phone In Order;
• if you provide feedback regarding your service experience;
• when you place an order from one of our restaurants through a third-party meal delivery service;
• from our third-party service providers who may provide us with information regarding consumers who may have an interest in our menu items or other services; and
• in email, text, and other electronic messages between you and us.

It does not apply to information collected by:

• us through any other means, including on any other website operated by Rubio’s or any third-party;
• us as part of our employees’ employment or as part of an application for employment; and
• any other third party, including through any application or content (including advertising) that may link to the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website or Mobile Application or to participate in Rubio’s Rewards. By accessing or using our Website or Mobile Application, by participating in Rubio’s Rewards, or by placing a Phone In Order, you agree to this Privacy Notice. This Privacy Notice may change from time to time (see Changes to Our Privacy Notice). Your continued use of our Website, Mobile Application, or Rubio’s Rewards, or by placing a Phone In Order after we make changes is deemed to be acceptance of those changes, so please check this Privacy Notice periodically for updates.

2. Children Under the Age of 13

Our Website and Mobile Application and participation in Rubio’s Rewards are not intended for children under 13 years of age, and we are unable to accept Phone In Orders from children under the age of 13. No one under age 13 may directly provide any information to or on the Website, to Rubio’s Rewards, or to or in the Mobile Application and no one under age 13 may place a Phone In Order. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on our Website, Mobile Application or on or through any of their features, register for Rubio’s Rewards, or place a Phone In Order, including providing your name, address, telephone number or email address. If we learn we have collected or received Personal Information from a child under 13, we will delete that information. If you believe we might have any information from a child under 13, please contact us at the Contact Information below.

3. Information We Collect About You and How We Collect It

Generally

We collect several types of information from and about users of our Website, Mobile Application, Catering guests, and guests who choose to participate in Rubio’s Rewards (“Personal Information”):

• by which you may be personally identified, such as first and/or last name, postal address, e-mail address, telephone number, and credit card information (for payment information only);
• that is about you but individually does not identify you, such as date of birth, wedding anniversary date, gender, order details and history, favorite restaurant location, and other information about your use of our Website and Mobile Application and participation in Rubio’s Rewards; and/or
• about your internet connection, the equipment you use to access our Website and Mobile Application and usage details.

We collect this information:

• directly from you when you provide it to us;
• when you place an order in or with one of our restaurants;
• automatically as you navigate through the Website or Mobile Application. Information collected automatically may include usage details, IP addresses, device information, and information collected through cookies, web beacons, and other tracking technologies;
• when you place an order for one of our restaurants with a third party restaurant delivery service;
• from third party marketing companies; and
• from other third parties, for example, our business partners that help process online orders, help us manage your account in Rubio’s Rewards and process your payment information.

Information You Provide to Us or That We Collect When You Place an Order With Our Restaurants

The information we collect from you is:

• information that you provide by filling in forms on our Website or in our Mobile Application. This includes information provided when registering to participate in Rubio’s Rewards, or requesting more information from us;
• information that you provide when placing an order at one of our restaurants (including Catering Orders), which may include your name, and your address and phone number (for Catering Orders);
• historical details of your orders if you create an account for online ordering or participate in Rubio’s Rewards and of the fulfillment of your orders.
• your current order information and invoice total when you place an order. You may be required to provide payment card information when you place an order, either through Mobile Application or Website, or through a Phone in Order. All online orders for menu items placed through the Mobile Application or our Website (including all payment processing) are processed by our online ordering partner, OLO. Your payment information is sent directly to OLO, and we only receive a token representing your payment card information when you store your payment card information in your account to process payments for future orders. We never receive your payment card number or CCV number for your payment card. OLO’s privacy notice can be found at https://www.olo.com/privacy-policy-ordering.
• details about your organization if you request Rubio’s to support your organization’s fundraising activities, including any information on tax forms submitted to verify your non-profit status;
• records and copies of your correspondence (including email addresses), if you contact us;
• information that you provide when signing up for a contest or promotion sponsored by Rubio’s, which may include your name, phone number, email address, and other information requested when you sign up for the contest or promotion;
• when you provide feedback regarding your experience in one of our restaurants;
• your responses to surveys that we might ask you to complete for research purposes; and
• when you report a problem with our Website or Mobile Application.

Information We Collect From Third Parties

We may also collect the following information about you from third parties:

• when you place an order for menu items from one of our restaurants through a third party restaurant delivery service, that service may provide us with your contact information and other details of your order;
• when you place a Website order, and
• information (including Personal Information) about consumers that may have an interest in our products and services that we use to better market our products and services, including through targeted (behavioral) marketing on social media channels.

We do not control the third parties’ collection and use of any information provided by these third parties. You should consult with the applicable third party restaurant delivery service’s privacy notice to understand how they collect and use your Personal Information When you place a Website Order, you are placing an order for menu items from one of our restaurants through a third party service provider, OLO. For more information on how OLO collects and uses your Personal Information, please see https://www.olo.com/privacy-policy-ordering. We handle the information received from these third parties in accordance with this Privacy Notice.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website and Mobile Application or when you visit one of our restaurants, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns:

• details of your visits to our Website or use of our Mobile Application. We collect traffic data, location data, logs, referring/exit pages, date and time of your visit to our Website or use of our Mobile Application, error information, clickstream data, and other communication data and the resources that you access and use on the Website and Mobile Application; and
• Information about your computer and internet connection, i.e. your IP address, operating system, and browser type.

The information we collect automatically may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and Mobile Application and to deliver a better and more personalized service by enabling us to:

• understand how our guests use and enjoy our restaurants and menu items;
• store information about your preferences, allowing us to customize our Website and Mobile Application according to your individual interests;
• maintain your Rubio’s Rewards account;
• speed up your searches; and
• recognize you when you return to our Website or use our Mobile Application.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. Unless you have adjusted your browser setting or our cookie consent manager so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website or use our Mobile Application. You can find more information about cookies and your choices regarding cookies at http://www.allaboutcookies.org, http://youronlinechoices.eu, and Choices About How We Use and Disclose Your Information. You can find out more about the categories and the specific cookies that we use by clicking the “Cookies” link on our Website and reviewing the information for each type of cookie.
• Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit Rubio’s (or a third party service provider on our behalf), for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
• Third Party Cookies. Some content or applications, including advertisements, on our Website and Mobile Application are served by third-parties, including advertisers, ad networks and servers, content providers, application providers, and social media sites. These third parties may use cookies (alone or in conjunction with web beacons or other tracking technologies) to collect information about you when you access our Website or Mobile Application. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising and other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about advertisement or other targeted content, you should contact the responsible provider directly. For information on how you can consent or withdraw your consent to receive targeted advertising from many providers, please see our Choices About How We Use and Disclose Your Information. You may adjust your cookie preferences by following the “Cookies” or the “Do Not Sell My Personal Information” links at the bottom of our homepage and adjusting your cookie settings to disable targeting and analytics cookies in our cookie consent manager.  You can find more information about the individual cookies we use and the purposes for which we use them in the table below.
  

  Category	Cookie Name	Default Expiration Date	Description
  Strictly Necessary Cookies	OneTrust Cookies	1 year	This cookie is set by OneTrust, our cookie compliance solution. It contains no information that can identify the site visitor. It stores information about the categories of cookies the site uses and whether visitors have given or withdrawn consent for each category.
  	Google Tag Manager Cookie	Persistent	This cookie is associated with sites using Google Tag Manager.  It is regarded as Strictly Necessary, as without it, other scripts may not function correctly.
  Functional Cookies	Google Cookies	Up to 2 years	Used to store preferences on Google and to prevent fraud.
  	Facebook Cookies	Up to 2 years	Used by Facebook to improve the website experience for users based on their device settings.
  Targeting Cookies	Microsoft Cookies	up to 2 years	Used by Microsoft to track actions performed on the website for advertising across Bing.
  	Attentive Cookies	up to 400 days	Used by Attentive, a personalized mobile text messaging platform, for marketing purposes.
  	Google Cookies	up to 2 years	Used for targeting purposes across Google properties – Google Search, YouTube, Google Maps, DoubleClick Bid Manager.
  	Facebook Cookies	up to 2 years	Used by Facebook to tailor advertising to users.
  	TikTok Cookies	up to 13 months	Used by TikTok for advertising targeting purposes.
  	Adelphic cookie	1 year	Used by Adelphic, a mobile and online advertising company, for targeting purposes .
  Analytics Cookies	Google Analytics Cookie	2 years	This cookie is associated with Google Universal Analytics and is used to produce site analytics reports.
  	LinkedIn Cookies	Up to 1 year	Used by LinkedIn to store and track visits across websites.
  	Google Cookies	up to 2 years	Used by Google to track website actions attributed to their advertising platforms – Google Search, YouTube, Google Maps, DoubleClick Bid Manager
  	Facebook Cookies	up to 2 years	Used by Facebook to track actions taken on the website.
  	TikTok Cookies	up to 13 months	Used by TikTok to track views and actions taken on the website.
  	Microsoft Cookies	up to 2 years	Used by Microsoft to track actions taken on the website.

We also use Closed Circuit TV cameras to collect images of our guests in our restaurants in order to protect the rights, property, or safety of Rubio’s, and our team members, guests, or others.

4. How We Use Your Information