Firehouse Restaurant Group Privacy Policy

This Privacy Policy was last updated and is effective as of January 1, 2020.

We are Firehouse Restaurant Group, Inc. (“Firehouse Subs”).  Your privacy is important to us, which is why we have developed this Privacy Policy to explain our practices regarding the use and disclosure of personally identifiable information we obtain online from users of those  websites (including the website located at www.firehousesubs.com), webpages and mobile applications that we own or control (each a “Site” and collectively, the “Sites”) and/or, if established by Firehouse Subs, the Firehouse Subs System Fund, Inc. (the “Fund”) (collectively, either or both of Firehouse Subs and the Fund are referred to as “we,” “us,” “our,” or “FIREHOUSE”).

WHEN YOU ACCESS THE SITES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE, YOU SHOULD STOP ACCESSING THE SITES.

For U.S. Users of Our Sites

Collecting Information

In general, we avoid collecting any personally identifiable information from a user of our Sites unless that user provides such information or such information is provided to us by someone else. For example, you might be asked to voluntarily give your name, postal address, email address, phone number, or credit card information to us when you place orders or purchase products through our Sites, provide feedback on our products, apply for a job online or fill out a franchise questionnaire. We may also collect and store statistics and other information about the online activities of our visitors on an aggregate basis.

How We Collect Information About You

We generally collect information through the Sites in three ways:

  1. We collect information that our customers or visitors (including you) to the Sites supply to us.
  2. We collect information from emails and other contacts sent to us by you, other customers and users of the Sites.
  3. We collect information electronically on all customers and other users of the Sites by means of cookies.

Types of Personal Information We May Collect on the Sites

1. Information About Purchases:

Every time you use a Site to place an order or purchase goods or services, we may collect information about the restaurants you select and the details of the orders you place and for use with our Firehouse Subs loyalty rewards program.

To obtain services from the Sites, you may be required to provide us with your full legal name, email address, full street address including city, state and zip code, and telephone number. And, to obtain certain services from the Sites, you may also be required to choose a username and /or password and provide those to us.

For some of our Sites, you may also be able to submit information about other people. For example, you might be provided the option of ordering a gift, gift card or other products or service online. To do so you may be required to provide us personally identifiable information. For example, when you place an order online or by telephone, you may be required to provide us with your full legal name, full street address including city, state and zip code, and telephone number. If you place an order through a Site or make a purchase, you may want the order or item purchased to be sent directly to the recipient, if that option is available for that particular order or purchase; therefore, you might submit the recipient’s name, mailing address, email address and/or telephone number.  It is also possible that someone may provide us with your personally identifiable information, with or without your permission.

2. Information From Promotions:

We, or third-party merchants, vendors and others we may be working with (each a “Third Party Promoter”) may offer users of the Sites special offers, contests or other promotions (each a “Promotion”).  You are under no obligation to respond to or to participate in any Promotion but, if you do, you may be required to provide additional information (such as your birth date and whether you or anyone in your household is employed by the Third Party Promoter) to verify your eligibility for participation in the Promotion. For a given Promotion, the information you provide may be governed by the Third Party Promoter’s privacy policy rather than our Privacy Policy, so you should read carefully any official rules or guidelines for each Promotion. 

Sharing and Disclosure of Information

We may disclose your personal information collected through your use of the Sites to: (a) our affiliates; (b) third parties to provide you with information or materials you specifically request or Third Party Promoters in connection with a Promotion; (c) our service providers providing services to us; or (d) as otherwise specifically permitted in this Privacy Policy.  We may also use and disclose your personal information collected through your use of the Sites to unrelated third parties: (a) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by us; (b) to enforce our Terms and Conditions or to protect our rights; (c) to protect the safety of others, including other users of the Sites; or (d) with your consent in a particular instance. 

In addition, when an order is placed through the Site for pick-up at a FIREHOUSE SUBS® restaurant, some of your personal information (such as a first or last name along with a phone number and/or order number) may be displayed on an order slip or receipt to help identify the order for pickup and this slip or receipt may be attached or otherwise associated with the order in an area in a restaurant that is accessible to other restaurant patrons. 

We reserve the right to transfer, disclose or sell user information collected through the Sites, including user personal information, for other business reasons of ours (including in connection with an assignment of our rights covered under the paragraph below captioned “Assignment”).

We also reserve the right to change the manner of our use and disclosure in accordance with the “Changes in Our Privacy Policy” section below.   

Children’s Privacy and Age Limitations for the Sites

The Sites are intended for use by persons aged 16 or older, and by your use of this Website you affirm that you are at least 16 years of age.  We do not knowingly collect personally identifiable information from children under the age of 16. If we discover or are made aware that we have received personally identifiable information from an individual who indicates that he or she is, or whom we otherwise have reason to believe is, under the age of 16, we will delete such information from our systems.  If you are a parent or guardian of a child under the age of 16 and believe he or she has disclosed personally identifiable information to us please contact us as provided below.  In any such event, a parent or guardian of a child under the age of 16 may review and request deletion of such child's personally identifiable information as well as prohibit the use thereof. 

Please also see the additional disclosures in the paragraphs below captioned “Additional Privacy Notices to California Residents -- Content Removal Requests for Users Under 18 Years Old”.

Use of Cookies

As with many websites and applications, the Site uses “cookies” – small strings of data placed on users' personal computer hard drives during the exchange of data that happens when your browser points to one of our websites. Among other things:

-  Cookies enable a site or application to identify a user's browser as a previous visitor by means of a unique string of numbers assigned on a previous visit;

-  Cookies assist us in collecting information on the pages of our Sites that you access or visit, and in recording any preferences you indicate for use on our Sites;

-  If you are browsing one of our Sites, a cookie identifies your browser and Site user ID and internet protocol number of your computer or other access device (but not your personal identity); and

-  If you place orders with us or use our loyalty program, we use cookies to assist in storing your preferences and recording other session information (a "session" is a single visit by you to one of our Sites).

Links to Other Websites

The Sites may contains links to other websites, applications and online services that are not maintained by us  but rather by third parties that may not follow the same privacy policies as applicable to the Sites. These other websites, applications and services may use cookies, collect data and use the data in ways that are different from the way in which we use the information collected through the Sites. When linking to another website, application or online service, you should read the applicable privacy policy. Our Privacy Policy only governs information collected on or through our Sites.

Changes in Our Privacy Policy

We reserve the right to modify this Privacy Policy at any time, and any modifications made will be effective immediately upon posting, so you should check this page for any changes.  We will post at the top of this Privacy Policy the date that modifications were last made, which should alert you to any changes since your last visit to the Sites.  Your continued use of the Sites after such changes have been posted is your agreement to the revised Privacy Policy. 

Assignment

We may assign our rights and duties under this Privacy Policy, including, without limitation, our rights in information collected through the Sites, to any third party at any time without notice to you, and such assignment rights shall include the ability to make an assignment in connection in connection with any sale, merger, acquisition, divestiture or liquidation of all or part of our business or assets related to the Sites, all or substantially all of our business or assets, or as part of any reorganization or restructuring of our business.

Your Questions and Concerns

If you have questions or concerns regarding this Privacy Policy or our privacy practices, please send us an email (writing “Privacy Policy” in the subject line) at privacy@firehousesubs.com; write to us at 12735 Gran Bay Parkway, Suite 150, Jacksonville, Florida, 32258; or call us at (904) 886-8300. We will use reasonable efforts to promptly look investigate any concern.

Additional Privacy Notices for California Residents

The following additional privacy notices for California residents (the “California Notice”) supplement the information contained in the other portions of Firehouse Subs’ Privacy Policy and apply solely to individuals who reside in the State of California ("California consumer" or "you"). The Company adopts this California Notice to comply with the California Consumer Privacy Act and its related regulations (the “CCPA”) and other applicable California laws.

1. Overview of Consumer Rights Under the CCPA

Under the CCPA, California consumers have certain rights regarding their personal information, including:

  • The right to know the categories of personal information that Firehouse Subs has collected and the categories of sources from which we obtained such information.
  • The right to know Firehouse Subs’ business purposes for sharing personal information.
  • The right to know the categories of third parties with whom Firehouse Subs shared personal information.
  • The right to access the specific pieces of personal information that Firehouse Subs has collected and the right to delete your personal information.
  • The right to not be discriminated against if a California consumer exercise their rights under the CCPA.

The provisions below of this California Notice provide further details about these rights and how you may exercise them.

2. Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer, household or device (collectively, "personal information").

Personal information does not include:

  • Publicly available information from government
  • De-identified or aggregated California consumer information.
  • Information excluded from the CCPA's scope, including:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and
  • Personal information covered by certain other laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of

We have collected the following categories of personal information from California consumers within the last twelve (12) months:

Category

Examples

A.  Identifiers

An individual’s name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, or other similar identifiers

B.  Personal information categories described in Cal. Civ. Code § 1798.80(e)

A name, signature, Social Security number, physical characteristics or description, address, telephone number, driver's license or state identification card number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information.

 

C.  Protected classification characteristics under California or federal law

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status.

D.   Commercial information

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

E.   Internet or other similar network activity

Browsing history, search history, information on a California consumer's interaction with a website, application, or advertisement

F.   Geolocation data

Physical location or movements

G.  Sensory data

Audio, electronic, visual, thermal, olfactory or similar sensory-related information

H.   Professional or employment-related information

Current or past job history

I.   Inferences drawn from other personal information

Examples include a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes


3. Sources of Personal Information

We obtain the categories of personal information listed above from the following categories of sources:

Directly From You. For example, from forms you complete or products and services you purchase or from communications with you such as when you contact Firehouse Subs (whether in person, by mail, by phone, online, via electronic communication or by other means) including our customer support

Indirectly From You. For example, from observing your actions on our Sites or from products or services that you have purchased from Firehouse Subs, if you have enabled such functionality, such as telemetry

From Others.

  • From third party service providers. For example, if you choose to make an electronic payment directly to Firehouse Subs, or through a linked website or app, or through an affiliate of ours, Firehouse Subs may receive personal information about you from third parties such as payment services providers, for the purposes of that
  • From affiliates. We may collect personal information about you from our affiliates or others acting on their behalf.
From Public Sources. For example, we may collect information from public

4. Uses of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  1. To fulfill the reason that you provided the information. For example, if you share your name and contact information to request to be contacted by an affiliate or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we may use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product or service orders or to process
  2. To perform services such as customer service, order fulfillment, payment processing, financing and advertising, marketing or analytic
  3. To advance our commercial or economic interests, such as by helping you to buy, subscribe to, provide, or exchange products, information, or services, or enabling or effecting, directly or indirectly, a commercial
  4. To verify or maintain quality or safety standards or improve or upgrade a product or service provided or controlled by or for
  5. To provide, support, personalize and develop our Site, products and services such as to perform product or service monitoring.
  6. To create, maintain, customize and secure your account with us.
  7. To process your requests, purchases, transactions and payments and prevent transactional
  8. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  9. To personalize your Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Site, third-party sites and via mail, email or text message (with your consent, where required by law).
  10. To help maintain the safety, security and integrity of our Site, products and services, databases and other assets and
  11. For testing, research and analysis purposes, including to develop and improve our Site, products and
  12. To respond to law enforcement requests and as required by applicable law, court order or governmental
  13. As described to you when collecting your personal information or as otherwise set forth in the CCPA or applicable law.
  14. To send you information relevant to your past purchases and interests, subject to compliance with applicable laws regarding direct
  15. To otherwise use as reasonably necessary and proportionate to achieve our operational or notified purpose for collecting personal information and as compatible with the context in which we collected the
  16. To perform services on behalf of a CCPA-covered business or its service provider, such as customer service, order fulfillment, payment processing, financing and advertising, marketing, or analytic
  17. To review and audit our business interactions with
  18. To detect or prevent security incidents or other illegal
  19. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Sites’ users, including California consumers, is among the assets

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

5. Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Firehouse Subs has disclosed the following categories of personal information for a business purpose:

  • Category A: Identifiers
  • Category B: Personal information categories described in Cal. Civ. Code § 1798.80(e)
  • Category C: Protected classification characteristics under California or federal law
  • Category D: Commercial information
  • Category E: Internet or other similar network activity
  • Category F: Geolocation data
  • Category G: Sensory data
  • Category H:  Professional or employment-related information
  • Category I: Inferences drawn from other personal information

The categories of third parties to which we may disclose personal information collected by us include the following:

  • Service providers
  • Affiliates
  • Advertising & Media Agencies
  • Recipients of data from cookies placed on the Sites (such as Google Analytics)

Sales of Personal Information

The Company does not sell personal information to third parties. 

6. Exercising Your CCPA Rights and Choices

The sections below describe how you may exercise your rights under the CCPA.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request (see “Exercising Access, Data Portability and Deletion Rights” below), we will disclose to you:

  • The categories of personal information we collected about
  • The categories of sources for the personal information we collected about
  • Our business or commercial purpose for collecting that personal
  • The categories of third parties with whom we share that personal
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we disclosed your personal information for a business purpose, a list disclosing:
  • the personal information categories that each category of recipient

As allowed by the CCPA, we do not provide these access and data portability rights (i) for business-to-business personal information or (ii) as to personal information collected from Firehouse Subs’ California-based employees, job applicants or contractors when provided or collected in such employee, job applicant or contractor capacities.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see “Exercising Access, Data Portability and Deletion Rights” below), we will delete (and direct our service providers to delete) your personal information from our (and service provider) records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such
  3. Debug products or services to identify and repair errors that impair existing intended
  4. Exercise free speech, ensure the right of another California consumer to exercise their free speech rights, or exercise another right provided for by
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code 1546 et. seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed
  7. Enable solely internal uses that are reasonably aligned with California consumer expectations based on your relationship with us, such as future field campaigns or product safety
  8. Comply with a legal
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided

As allowed by the CCPA, we do not provide these deletion rights (i) for business-to-business personal information or (ii) as to personal information collected from Firehouse Subs’ California-based employees, job applicants or contractors when provided or collected in such employee, job applicant or contractor capacities.

Exercising Access, Data Portability and Deletion Rights

To exercise the access, data portability and deletion rights described above, you should submit a verifiable consumer request to us by one of the following methods:

  • Calling us at toll free at: 1-888-289-6185
  • Emailing us at: privacy@firehousesubs.com  
  • Visiting the following page on our Site:  https://www.firehousesubs.com/find-out-our-story/contact-us/
  • By postal mail at: Firehouse Restaurant Group, Inc., 12735 Gran Bay Parkway, Suite 150, Jacksonville, Florida, 32258
  • Accessing an online account that you maintain with us

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of a minor child for whom you are a parent or legal guardian.

You may only make a verifiable consumer request for access or data portability twice within a twelve (12) month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify that you are the person about whom we collected personal information or an authorized representative, which may include:
  • Your name
  • Your address
  • Additional information depending upon the type of request and the sensitivity of the information involved with such request
  • Describe your request with sufficient detail to enable us to properly understand, evaluate and respond to such request.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or your authority to make the request and confirm that the personal information involved with the request relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we will consider requests made through a password-protected online account that you maintain with us to be sufficiently verified when the request relates to personal information associated with that online account, provided such online account functionality is then made available by us on the Site.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.

If you have an online account with us, we may deliver our written response to that online account, provided that such online account functionality is then made available by us on the Site. If you do not have an online account with us, or such functionality is not available for your online account we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the twelve (12) month period immediately preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

7. Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA or other applicable law, we will not as a result of you exercising any of your rights under the CCPA:

  • Deny you goods or services;
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  • Provide you a different level or quality of goods or services; or
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

8. Other California Privacy-Related Disclosures

Sharing Personal Information for Direct Marketing Purposes

Before sharing personal information of California consumers with third parties for direct marketing purposes we will obtain opt-in consent from the applicable California consumers or provide such California consumers with a cost-free method to opt out.

California Do-Not-Track Disclosure

At this time, the Sites are not set up to honor web browser do-not-track settings.  Do-not-track is a privacy preference that users can set in their web browsers. When a user activates the do-not-track settings in browsers that offer this setting, the browser sends a message to websites or applications requesting them not to track the user. For more information about do-not-track matters, please visit www.allaboutdnt.org.

Information on Marketing Disclosures

California Civil Code Section 1798.83 permits our users who are California residents to request and obtain from us once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us at Firehouse Restaurant Group, Inc., 12735 Gran Bay Parkway, Suite 150, Jacksonville, Florida, 32258.

Content Removal Requests for Site Users Under 18 Years Old

If you are a Site user under 18 years of age and reside in California, you may request and obtain removal of, content or information that you have posted on the Site.    You may send us any such requests by one of the following methods: (i) by email (writing “Privacy Policy – Removal Request” in the subject line) at privacy@firehousesubs.com; or (ii) by writing to us Firehouse Restaurant Group, Inc., 12735 Gran Bay Parkway, Suite 150, Jacksonville, Florida, 32258.  We will review the request and respond promptly.  You should be aware that a request to remove content or information posted by you on the Sites does not ensure or require complete or comprehensive removal of such content or information from our databases.

Complaints

If you have any complaint about use of the Site, you may contact us by email at privacy@firehousesubs.com, or by postal mail at Firehouse Restaurant Group, Inc., 12735 Gran Bay Parkway, Suite 150, Jacksonville, Florida, 32258. In accordance with California Civil Code Section 1789.3, California residents may also file complaints with the Complaint Assistance Unit, Division of Consumer Services, California Department of Consumer Affairs by postal mail at 1625 North Market Road, Suite N112, Sacramento, CA 95834 or by telephone at 800-952-5210.

9. Changes to Our Privacy California Notice

We reserve the right to amend this California Notice at our discretion and at any time. When we make changes to this California Notice, we will post the updated California Notice on the Sites and update the California Notice's effective date. Your continued use of our Sites following the posting of changes constitutes your acceptance of such changes.

10. Contact Information

If you have any questions or comments about this California Notice, the ways in which Firehouse Subs collects and uses your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, you may contact us by one of the following methods:

  • Calling us at toll free at: 1-888-289-6185
  • Emailing us at: privacy@firehousesubs.com  
  • Visiting the following page on our Site:  https://www.firehousesubs.com/find-out-our-story/contact-us/By postal mail at:  Firehouse Restaurant Group, Inc., 12735 Gran Bay Parkway, Suite 150, Jacksonville, Florida, 32258
  • Accessing an online account that you maintain with us