Red Lobster Online Privacy NoticeEffective Date: July 18, 2016
To jump to information on our Canadian Services, click on this link to Section 7(b).
We at Red Lobster Management LLC, along with our Affiliates (as defined below) (collectively, “Red Lobster”, “we”, “our” or “us”), respect your concerns about privacy. This “Privacy Notice” governs your use of any online service location (e.g., web site or mobile app) that posts a link to this Privacy Notice (each a “Site” except when we refer only to our mobile apps, in which case an “App”) (including, without limitation, both mobile and online versions), and also applies to your use of interactive features, widgets, plug-ins, applications, content, downloads and/or other services that we own and control and make available through the Site and/or that posts a link to this Privacy Notice, and any WiFi or Bluetooth services that we may make available to you in our physical locations (collectively, the “Service”), regardless of how you access or use them, whether via personal computers, mobile devices or otherwise. This Privacy Notice does not apply to our data collection activities offline or otherwise outside of our Service except for our Canadian web site and restaurants (“Canadian Services”) unless otherwise stated below. Our Canadian Services are a subset of our Services that are intended for use by Canadian residents and our other Services are intended for use by U.S. residents. Additional privacy notices and opportunities to give or withhold consent, applicable to specific Services including without limitation our Canadian web site at www.RedLobster.ca, may be made available to you where applicable and will supplement this general Privacy Notice and shall govern in the event of a conflict herewith.
This Privacy Notice describes the types of information we collect on the Service and Canadian Services (as applicable), how we may use the information, with whom we may share it and the choices available to you regarding our use of the information. We also describe the measures we take to safeguard the information and tell you how to contact us about our privacy practices.
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1. Information We Collect
(a) Information About You That You Provide.
Personal Information and Demographic Information. On the Service, we may ask you to provide us with certain categories of information such as: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, e-mail address, phone number and home address (“Personal Information”); and (2) demographic information, such as information about your gender, age, household income, employment status, nutritional preferences, and media preferences (“Demographic Information”). We may collect this information through various forms and in various places on the Service, including registration forms, contact us forms, or when you otherwise interact with the Service. Except to the extent required by applicable law, Demographic Information is “Non-Personal Information” (i.e., data that is not Personal Information under this Privacy Notice). In addition, Personal Information, including, without limitation, Personal Information Red Lobster collects directly from you on the Service (“Red Lobster-Collected PI”), once “de-identified” (i.e., the removal of personal identifiers from data to make it no longer personally identifiable) is also non-Personal Information and may be used and shared without obligation to you, except as prohibited by applicable law.
(b) Information Collected or Stored As You Access and Use the Service.
Red Lobster, its Service Providers (defined below), and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service (“Usage Information”). Usage Information may include IP address, device identifier, browser type, operating system, information about your use of the Service, and data regarding network connected hardware (e.g., computer or mobile device, each a “Device”). Except to the extent required by applicable law, or to the extent Usage Information is combined by or on behalf of Red Lobster with Red Lobster-Collected PI, Red Lobster does not consider Usage Information (including, without limitation, unique identifiers (“UIDs”)) to be Personal Information or Red Lobster-Collected PI. For more information on Third-Party Services and Service Providers’ data collection and practices, see Section 3 below. For information on choices some of these third parties may offer you regarding automated data collection, see Section 10 below.
The methods that may be used on the Service to collect Usage Information include:
- Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
- Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, fingerprinting, device recognition technologies, in-app tracking methods and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior. See Section 13 for a glossary of tracking technology terminology.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, Red Lobster currently does not alter Red Lobster’s practices when Red Lobster receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but Red Lobster is not responsible for the completeness or accuracy of this third party information. Some third parties, however, may offer you choices regarding their Tracking Technologies, as more fully explained in Section 10. For Canadian Services see Section 7(b).
(c) Information Third Parties Provide About You.
We may receive information about you from your friends and others that use the Service, such as when they submit content to us or post on the Service. Additionally, Red Lobster may, from time to time, also obtain information about you from other sources, including Service Providers and Third-Party Services, and combine that with Red Lobster-Collected PI for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you. Notwithstanding anything to the contrary, except to the extent such data combined by or on behalf of Red Lobster with Red Lobster-Collected PI, this Privacy Notice is not intended to limit Red Lobster’s activities regarding such third-party-sourced, or non-Service-sourced, information (including Personal Information) and limitations on Red Lobster’s activities regarding Red Lobster Collected PI (e.g., on sharing) described in this Privacy Notice do not apply to such data. For Canadian Services, see Section 7(b).
(d) Third-Party Content and Services.
The Service may include functionality that allows certain kinds of interactions between the Service and a third-party web site, platform, tool, application or other service, and accessing or display of third-party content via the Service (“Third-Party Service(s)”). The use of Third-Party Services may involve the third-party operator thereof (“Third-Party Operator”) providing certain information, including Personal Information, to us. For example, when you register with the Service, you may have an option to use your Facebook, Google or other account provided by a third-party site or application to facilitate the registration and log-in or transaction process on the Service, or otherwise link accounts. In addition, you may be able to access our Service, your account and/or Service content via a third party platform, site, app or other service, and those Third-Party Operators may collect Personal Information and other data about you in connection therewith, and may provide some or all of it to us.
If we offer and you choose to use Third-Party Services to access or use our Service, the Third-Party Services may send Personal Information about you to us. If we discontinue use of any Third-Party Service (e.g., your Facebook or any other account as an access mechanism for the Service), as permitted by applicable law you consent that we may nevertheless retain any Personal Information, and other information and data, we may have already received in connection therewith in accordance with this Privacy Notice.
When you use Third-Party Services, you are using the services of Third-Party Operators and not our Service and you should review the applicable third party privacy policies before using such Third-Party Services in connection with our Service. For more information on Third-Party Services and the policies and activities of Third-Party Operators see Section 3. See Section 10 for more on certain choices offered by some third parties regarding their data collection and use.
(e) Information You Provide About a Third Party.
You may send someone else a communication from the Service, such as sending an invitation to a friend. If so, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Service, your contact information, name or user name and message may be included in the communication sent to your addressee(s). For such functionality through our Canadian Services, see also Section 7(b). Some of these tools may be third-party tools subject to third-party privacy policies as further detailed in this Section 1 and Section 3.
2. How We Use The Information We Obtain
We may use your Personal Information, Demographic Information, Red Lobster-Collected PI or Usage Information that we collect about you: (1) to operate the Service, provide you with information, including sending you promotional materials (see Section 10 regarding communications options), or services or process transactions with you; (2) to improve the Services or create new service offerings, to customize your experience on any of the Services, or to serve you specific content that is most relevant to you; (3) to contact you with regard to your use of any of the Services and, in our discretion, changes to the any of the Services and/or any of the Services’ terms or policies; (4) for internal business purposes; and (5) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Notice or as otherwise required or permitted by applicable law. Without limiting the generality of the forgoing, we may use the information we obtain through the Service to:
- Create and manage your account;
- Customize your visits to the Service, including (i) specifically targeting relevant advertisements, offers or content to you; (ii) understanding the usefulness of the advertisements or content that have been delivered to you; (iii) allowing you to comment or add content to the Service; and (iv) using your location information to display offers or verify certain actions;
- Process and collect payments for gift cards;
- Analyze your purchase data and use it to credit your rewards account and to provide you with other offers or promotions;
- Communicate about, and administer your participation in, special events, programs, surveys, contests, sweepstakes, and other offers or promotions;
- Respond to and communicate with you about your requests, questions and comments;
- Manage your application for employment with Red Lobster and contact you in connection with potential employment opportunities;
- Process claims we receive in connection with our products and services;
- Operate, evaluate and improve our business (including developing new products and services; managing our communications; identifying users of our Service; determining the effectiveness of our sales, marketing and advertising; analyzing and enhancing our products, services and Service; and performing accounting, auditing, billing, reconciliation and collection activities);
- Administer the Service, and diagnose technical and service problems;
- Perform data analyses and other processing (including market and consumer research, trend analysis, financial analysis, de-identification, encryption and tokenization of Personal Information);
- Protect against, identify and prevent fraud and other criminal activity, claims and other liabilities and harms; and
- Comply with and enforce applicable legal requirements, relevant industry standards and our policies.
3. Third-Party Services, Social Features, Advertising and Analytics
The Service may include hyperlinks to, or include on or in connection with, the Service (e.g., apps and plug-ins), Third-Party Service(s) as more fully described in Section 1(d). For example, if you “click” on a link, the “click” may take you off the Service onto a different site. We encourage you to note when you leave our Service. The Third-Party Operators of these Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personal Information from you. When you use Third-Party Services, you are using their services and not our Service and they, not we, are responsible for their practices. You should review the applicable third party privacy policies before using such Third-Party Services in connection with our Service, including before submitting any Personal Information to such Third-Party Services.
Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-Party Services, such as third party social networks (“Social Features”). Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service; “liking” or “sharing” Red Lobster’s content; logging in to the Service using your Third-Party Service account (e.g., using Facebook Connect to sign-in to the Service); and to otherwise connect the Service to a Third-Party Service (e.g., to pull or push information to or from the Service). If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service (see Section 5) or by the Third-Party Service that you use as permitted by applicable law. Similarly, if you post information on a third-party service that references the Service (e.g., by using a hashtag associated with Red Lobster in a tweet or status update), your post may be used on or in connection with the Service or otherwise by Red Lobster. Also, both Red Lobster and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.
Red Lobster may engage and work with Service Providers and other third parties to serve advertisements on the Service and/or on third-party services. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the Internet, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the Service (i.e., “retargeting”). To learn more about Interest-based Advertising on our Canadian Services, including how to opt-out of Interest-based Advertising in connection with our Canadian Services, see Section 7(b). To learn more about Interest-based Advertising on our U.S. Services, including how to opt-out of Interest-based Advertising in connection with our U.S. Services, see Section 10(b).
Except to the extent Red Lobster combines information from Service Providers, Third-Party Services, or other third parties with Red Lobster-Collected PI, in which case Red Lobster will treat the combined information as Red Lobster-Collected PI under this Privacy Notice (see Section 1), data obtained by Red Lobster from a third party, even in association with the Service, is not subject to Red Lobster’s limitations regarding Red Lobster-Collected PI under this Privacy Notice. Otherwise, the information collected, stored, and shared by third parties remains subject to their privacy policies and practices, including whether they continue to share information with Red Lobster, the types of information shared, and your choices on what is visible to others on third-party services. However, see Section 7(b) for additional privacy rights applicable to all Personal Information collected by us in connection with our Canadian Services.
4. Information We Share
We may share non-Personal Information (including UIDs), such as aggregated user statistics, as well as Personal Information, including Red-Lobster Collected PI hereunder, with third parties for any purpose not prohibited by applicable law or inconsistent with this Privacy Notice or any other commitment made by us at the time of collection (e.g., an opt-in or opt-out choice). See Section 7(a) for opt-out information. California and Canadian residents have additional rights set forth in Section 7.
If we de-identify data about you, it is not treated as Personal Information by us, and we may share it with others freely. We also may disclose information about you, including Personal Information and Red Lobster-Collected PI, except as prohibited by applicable law: (i) if we are required to do so by law, regulation or legal process (such as a court order or subpoena), (ii) in response to requests by government agencies, such as law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. In addition, we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information. Without limiting the generality of the forgoing, we may disclose your information as follows:
(a) When You Request Information From or Provide Information to Third Parties.
You may be presented with an option on our Service to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it or to otherwise consent to the sharing of Red Lobster-Collected PI with a third party. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties. In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools apps or ads on our Service or link to them from our Service. This may include using third-party tools such as Facebook, Twitter, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such third party practices. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review such third-party privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
(b) Third Parties Providing Services on Our Behalf.
We may use third-party vendors to perform certain services on behalf of us or the Service, such as hosting the Service, designing and/or operating the Service’s features, tracking the Service’s activities and analytics, and enabling us to send you special offers or perform other administrative services. We may provide these agents, vendors, consultants, and other service providers (“Service Providers”) with access to your information, including, without limitation, Personal Information (including Red Lobster-Collected PI), Demographic Information, and Usage Information, to carry out the services they are performing for you or for us. Red Lobster does not authorize its Service Providers to use Red Lobster-Collected PI provided by Red Lobster to the Service Providers to send you direct marketing messages other than related to our Affiliates (defined below) absent your consent. Third-party analytics and other Service Providers may set and access their own Tracking Technologies on your Device and they may otherwise collect or have access to information about you, potentially including Personal Information, about you.
(c) To Protect the Rights of Red Lobster and Others.
(d) Affiliates and Business Transfer.
As permitted by applicable law, we may share your information, including your UIDs, Red Lobster-Collected PI and Personal Information, Demographic Information and Usage Information with our parent, subsidiaries and affiliates (“Affiliates”). We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Service or applicable database; or (ii) in connection with a merger, consolidation, restructuring, liquidation, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any related due diligence process (“Corporate Transactions”).
(e) Sweepstakes, Contests and Promotions.
We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Service that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information (including Red Lobster-Collected PI) may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
(f) EEOC / Affirmative Action Reporting.
In conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission (“EEOC”), the U.S. Office of Federal Contract Compliance Programs (“OFCCP”) and similar state and local regulatory agencies, we may ask you to provide us with self-identifying information (such as veteran status, gender and ethnicity). Providing such self-identifying information is voluntary, but if you do provide us with such information, we may submit that information, to the EEOC, the OFCCP and similar state and local regulatory agencies or otherwise use or disclose it for business-related purposes, including, without limitation, responding to information requests, fulfilling regulatory reporting requirements and defending against employment related complaints.
5. Information You Disclose Publicly Or To Others
The Service may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information, for public availability or otherwise to third parties (collectively, “User Content”), such as on message boards and comment sections. We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. If you choose to submit User Content to any public area of the Service, your User Content will be considered “public” and will be accessible by anyone, including Red Lobster, and we may also publish your name, voice, likeness and other Personal Information that is part of such User Content, and as permitted by applicable law we may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities.
Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that Red Lobster does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information, or to whom you send User Content, will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you choose to make publicly available on the Service or what others do with information you choose to share with them on the Service. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Service. California minors should see Section 9 of this Privacy Notice regarding removal of certain content they have posted.
6. International Transfer
Our Service, other than our Canadian Services, is operated in the United States and intended for users located in the United States only. Our Canadian Services are operated in the United States and Canada and intended for users located in Canada only. If you are located outside of the United States, please be aware that the information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Service or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Notice. If you are a resident of Canada, you may have additional rights in connection with our Canadian Services as explained in Section 7(b).
7. Notice To Residents Of California And Canada
(a) Your California Privacy Rights.
California’s “Shine the Light” law permits customers in California to request certain details about how certain types of their information are shared with third parties and, in some cases, affiliates, for those third parties’ and affiliates’ own direct marketing purposes. Under the law, a business should either provide California customers certain information upon request or permit California customers to opt in to, or opt out of, this type of sharing.
Red Lobster provides California residents with the option to opt-in or opt-out to sharing of “personal information” as defined by California’s “Shine the Light” law with non-affiliated third parties (i.e., parties other than Red Lobster’s affiliates), for such third parties own direct marketing purposes. This choice may be offered at the point of collection or applicable Service usage, or can be made by written request as explained in the next sentence. California residents may request (i) information about Red Lobster’s compliance with the Shine the Light law; (ii) request to opt-out of future sharing of personal information with non-affiliated third parties for their direct marketing purposes; and/or (iii) obtain disclosure of the Red Lobster affiliates with which Red Lobster may have shared personal information for its affiliates’ direct marketing purposes, by contacting Red Lobster at ComplianceEthics@RedLobster.com, or by sending a letter to Red Lobster Management LLC, 450 S. Orange Ave, Suite 800, Orlando, FL 32801-3383, Attention: Compliance and Ethics Office. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code and specify the nature of the request (see options (i) – (iii) above). Please note that Red Lobster is only required to respond to one request per customer each year, and Red Lobster is not required to respond to requests made by means other than through the e-mail address or mail address specified above.
Red Lobster discloses its tracking practices (including across time and third-party sites) and its practices regarding “Do not track” signals in in Section 1(b) above, and California minors’ rights to certain removal of their posts in Section 9 below.
(b) Notice to Canadian Residents.
Our Canadian Services are not intended to be offered in Québec and we have no restaurants there.
Personal Information means information about an identifiable individual, as defined under applicable Canadian privacy legislation. Red Lobster is responsible for Personal Information in its custody and control. For the purposes of Canada, Demographic Information, Usage Information and any information obtained from third parties will be treated as Personal Information unless it has been de-identified.
When you visit one of our restaurants in Canada, you do not have to provide us with any Personal Information. However, if you use a credit or debit card to pay for your purchase, we collect your debit or credit card-related information and your signature in order to process and administer your payment. When you purchase one of our gift cards on-line, we collect your name, the recipient’s name, the shipping and billing address(es) and phone number (or email address, for e-gift cards), credit card information (including CVV and expiration date), amount of the gift card, and the personal message you choose to provide. This information is used to process and fulfill your gift card order.
Your Personal Information may be maintained, processed and/or accessed on our behalf by our Affiliates and other third party Service Providers in Canada, the U.S. or other jurisdictions. Our Service Providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose Personal Information for their own marketing or other purposes. As Personal Information is processed in the U.S. or another jurisdiction, it may be accessible by the courts, law enforcement and national security authorities in accordance with the laws in that country.
We will not disclose, trade, rent, sell or otherwise transfer your Personal Information, except for the specific purposes set out in this Privacy Notice, additional privacy notices on our Canadian Services, as you may otherwise consent, or as otherwise required or permitted by applicable law. We have Personal Information retention processes designed to retain Personal Information for no longer than necessary for the purposes for which such information was collected or to otherwise meet legal requirements.
We may, and we may use third parties to, serve advertisements on our Canadian Services. We and these companies may use Tracking Technologies such as cookies, tracer tags, web beacons to report certain information about your visits to our Canadian Services and third-party online services (such as web pages you visit and your response to ads) in order to measure the effectiveness of our marketing campaigns and to deliver ads that are more relevant to you, both on and off our Canadian Services. To learn more Interest-based Advertising in Canada, or to opt-out of Interest-based Advertising by companies participating in the Digital Advertising Alliance of Canada, visit http://youradchoices.ca/choices
If you use the “Email a Friend” or other similar features on our Canadian Services to send email to others, please ensure that you only submit email addresses of individuals with whom you have a personal or family relationship and who would want to receive the message. You have the right to access, update, and correct inaccuracies in your Personal Information (as defined under Canadian privacy legislation) in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and corrections of inaccuracies by sending a letter to Red Lobster Management LLC, Attn: Compliance and Ethics Office, 450 S. Orange Ave., Suite 800, Orlando, FL 32801-3383, or email at ComplianceEthics@RedLobster.com, or call by calling our Canadian Privacy Compliance Coordinator at 844-755-3425, ext. 2. Any such written request must include “Canadian Privacy Rights Request” in the first line of the description, include your name, street address, city, province, and postal code and explain your request in detail. We may request certain Personal Information for the purposes of verifying the identity of the individual seeking access to their Personal Information records. You may also contact us as set out above if you have any questions or comments about the privacy practices related to our Canadian Services or otherwise have a question or compliant about the manner in which we or our Service Providers treat Personal Information collected in connection with our Canadian Services or our policies and practices with respect to our Service Providers related to our Canadian Services located outside of Canada.
8. Data Security And Monitoring
We maintain reasonable administrative, technical and physical safeguards designed to help protect Personal Information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed to be 100% secure.
9. Children’s Privacy
We understand the importance of protecting children’s privacy in the interactive world. We are a general audience service and do not use the Service to knowingly collect personal information from children under the age of thirteen (13) that requires parental notice and consent under the Children’s Online Privacy Protection Act (“COPPA”) without such parental consent. If you are a child under thirteen (13) years of age, you are not permitted to use the Service and should not send any information about yourself to us through the Service.
In the event that we become aware that we have collected personal information from any child, we will dispose of that information, or otherwise treat it, in accordance with COPPA and other applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information without COPPA-required consent, please contact us at ComplianceEthics@RedLobster.com.
Any California residents under the age of eighteen (18) who have registered to use the Service, and who have posted content or information on the Service, can request that such information be removed from the Service by contacting us at making such a request by sending a letter to Red Lobster Management LLC, Attn: Compliance and Ethics Office, 450 S. Orange Ave., Suite 800, Orlando, FL 32801-3383. Any such request should include “California Minor Privacy Rights Request” in the first line of the description, include your name, street address, city, state and ZIP code, and state that you are under 18 years of age, personally posted content on the Service you would like removed pursuant to your rights under CA law, and where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
10. Choices: Tracking And Communications Options
(a) Tracking Technologies Generally.
Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer.
One way to potentially identify cookies on our web site is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display for you traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. Red Lobster is not responsible for the completeness or accuracy of this tool or third party choice notices or mechanisms. For Red Lobster-specific information on some of the choice options offered by third party analytics and advertising providers, see the next section.
(b) Analytics and Advertising Tracking Technologies.
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Advertisers and Service Providers that perform advertising-related services for us and our partners in connection with our U.S. Services may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program for mobile apps. Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use of a different device or web browsers or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. Red Lobster supports the U.S. ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising http://www.iab.net/media/file/ven-principles-07-01-09.pdf (PDF) and expects that ad networks Red Lobster directly engages to serve you Interest-based Advertising in connection with our U.S. Services will do so as well, though Red Lobster cannot guaranty their compliance. Red Lobster is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. For additional information regarding Interest-based Advertising in connection with our Canadian Services, and the Canadian opt-out options available, see Section 7(b) above.
(c) Mobile Apps.
Our Apps are only intended for U.S. residents and will only function as intended in connection with certain participating restaurants located in the U.S. With respect to Red Lobster’s Apps, you can stop all collection of data generated by use of the App by uninstalling the App. Also, you may be able to exercise Red Lobster app privacy choices, such as enabling or disabling certain location-based services, by adjusting the permissions in your mobile device and/or in the App itself. See also the prior section regarding the DAA’s mobile Interest-based Advertising choices.
You can opt out of receiving certain promotional communications (emails or text messaging) from Red Lobster at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging onto your account; and (ii) for promotional text messages, following the instructions provided in text messages from Red Lobster to reply text the word, “STOP”. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, Red Lobster may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or Red Lobster’s ongoing business relations. Our e-mail and text messaging activities in connection with our Canadian Services are subject to applicable Canadian law that provides differing rights and responsibilities than apply under U.S. law. See Section 7(b) for additional information on our Canadian Services privacy practices.
(e) Account / Profile Information and Information Retention.
We may provide you with account or profile tools that allow you to update or change Personal Information you have provided to us. When so available, we will make good faith efforts to make the changes. You can also contact us as set forth in Section 12. However, such changes will not immediate and may not apply to all databases. Also, notwithstanding anything to the contrary, we reserve the right to maintain records of your Personal Information and other data for so long as we deem so to be appropriate, except to the extent prohibited by applicable law.
11. Updates To Our Privacy Notice
We reserve the right to change this Privacy Notice at any time to reflect changes in our practices. As permitted by applicable law, any changes will be effective immediately upon the posting of the revised Privacy Notice and your use of our Service indicates your consent to the Privacy Notice posted at the time of use. To the extent any provision of this Privacy Notice is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.
12. How To Contact Us
If you have any questions about this Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us at ComplianceEthics@RedLobster.com or by phone at 844-755-3425, ext. 2. You also may write to us at:
Red Lobster Management LLC
Attn: Compliance and Ethics Office
450 S. Orange Ave., Suite 800
Orlando, FL 32801-3383
If you are contacting us about our Canadian Services, or are otherwise a Canadian resident and have a privacy concern related to us or our Service Providers, include “Canadian Privacy Rights Request” in the first line of your written communication, include your name, street address, city, province, and postal code and explain your request or inquiry in detail.
Please note that information submitted to any of the Services via a “Contact Us” or other similar customer inquiry function may not receive a response. We will not use the information provided by you in a customer inquiry communication to contact you for marketing purposes unrelated to your request unless you agree otherwise.
13. Glossary Of Tracking Technology Terminology
A cookie is a small text file that is stored on a user’s device, which may be session ID cookies or tracking cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Service, and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked and as a result some features and functionalities of the Service may not work. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML 5 cookies are locally stored on your device other than in the browser and browser settings won’t control them. To identify certain types of local shared objects on your computer and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. The Service may associate some or all of these types of cookies with your devices.
(b) Device Recognition Technologies.
Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household).
(c) Embedded Scripts.
An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from Red Lobster’s web server, or from a third party with which Red Lobster works, and is active only while you are connected to the Service, and deleted or deactivated thereafter.
Collection and analysis of information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes of identification and/or tracking.
(e) In-App Tracking Methods.
There are a variety of Tracking Technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps.
(f) Location-identifying Technologies.
PS (global positioning systems) software, geo-filtering and other location-aware technologies locate (sometimes precisely) your device for purposes such as verifying your location and delivering or restricting content based on your location.
(g) Web Beacons (“Tracking Pixels”).
Web beacons are small graphic images, also known as “Internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.
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