Privacy Policy

Last Updated: August 8, 2024

Your privacy is important to us at Earls Restaurants Ltd., and our affiliates (collectively “Earls,” “we,” “us,” or “our”), and we are committed to safeguarding, preserving, and respecting your privacy rights. This online privacy statement (the “Statement” or “Policy”) describes how we collect, use, disclose, and secure the personal information we gather about you through our website, www.earls.ca, (the “Site”), when you use our sites, apps, and when you otherwise interact with us (collectively, the “Services”).

For purposes of this Statement, personal information means data that classifies as personal information, personal data, personally identifiable information, or similar terms under applicable data privacy and security laws and regulations. It does not include data excluded or exempted from those laws and regulations, such as aggregated, anonymized, or de-identified data. Nothing in this Statement will constitute an admission or evidence that any particular data privacy or information security law or regulation applies to Earls generally or in any specific context.

In providing our Services, Earls may collect personal information on behalf and as a service provider for third parties. This Policy does not govern any information we collect on behalf of third parties, and you should consult their privacy policies to become familiar with their data collection and usage practices.

This Policy expressly incorporates any privacy notices we may issue to supplement this Policy. Depending on your residency, a supplemental privacy notice may apply to you. For example, residents of California should view our California Privacy Policy.

  1. You Consent to This Statement

You should read this Statement carefully, so that you understand our privacy practices and our Terms of Use. By accessing, browsing, downloading, or otherwise using the Services, you confirm that you have read, understood, and agreed to the terms of this Statement. If you do not agree to this Statement, you may not use the Services. By continuing, you consent to Earls processing your personal information in accordance with the terms of this Statement.

This Statement and the Terms of Use apply regardless of how the Services are accessed and will cover any technologies or devices by which we make the Services available to you.

We may provide you with additional privacy notices where we believe it is appropriate to do so. It is important that you read this Statement together with any other privacy notice or terms we may provide on specific occasions, so that you are fully aware of how and why we are using your data. This Statement supplements these other notices and is not intended to override them.

If you have any questions or concerns about our personal information policies or practices, you can contact us in the methods described in the “Contact Us” section below.

  2. What Types of Information Do We Collect?

We collect information you voluntarily provide directly to us, information that we collect automatically when you interact with the Services, and information collected from third parties. The categories of personal information that we collect and the purposes for which we collect that information are described below.

  (a)  Categories of Personal Information We Collect

The following list describes the categories of personal information we collect.

• Account Information includes first name, last name, email address, password, gender, and date of birth. We collect this information when you provide it directly to us such as by contacting us directly to make a reservation, or to ask us a question. We may also collect this information from third party service providers who collect the information directly from you, such as when you make a reservation through OpenTable or purchase a gift card. We process this information for the purposes of providing and improving the Services, better understanding our customers, and to conduct marketing and advertising functions.
• Analytics Information. We collect certain analytics information automatically as you navigate our Services. This includes cookies, tracking pixels, tags or similar tools, which may collect information about your browser, device, geolocation, and interactions with the Services, Site, or emails. For more information, please view the How Do We Use “Cookies” and Other Tracking Technologies?” section below. We process this information for the purposes of providing and improving the Services, better understanding our customers, and to conduct marketing and advertising functions.
• Contact Information includes customer name, company size and sector, and individual contact names and job titles, postal address, telephone and fax numbers, e-mail addresses, and information on preferred locations. We collect this information when you provide it directly to us such as signing up for newsletters, purchasing gift cards, requesting information about our Services, creating an account, or filling out a form. We process this information for the purposes of providing and improving the Services, better understanding our customers, and conducting marketing and advertising functions.
• Gift Card Purchase Information includes the information you provide at the time of purchasing a gift card, including, but not limited to Contact Information and the name of any recipient, business name, job title, and address. Gift cards are provided through our third-party service provider CashStar, and any information provided may be subject to their terms and privacy policy. To learn more, please visit https://blackhawknetwork.com/privacy-policy.
• Newsletter Information includes contact information you may provide to us for the purposes of receiving information and updates about our Services. We process this information for the purpose of providing the requested newsletter, better understanding our customers, and providing marketing and advertising.
• Payment and Commercial Information includes name, address, phone number, third party payment service provider-related information, debit or credit card information, donations, purchase and participation history, or other payment processing information. We collect this information for the purposes of fulfilling your orders.
• Responses to Surveys and Questionnaires includes information you provide to us when you respond to marketing materials, promotions, contests, or other surveys. We collect this information for the purposes of advertising and marketing, analytics and research, and customer service.
• Social Media Information includes information that you post by sharing on a blog or another social media platform. We collect this information when you post it publically or provide it directly to us. Please note that your comments will be visible to the public, so you should never share personal information that you would like to keep private. Click here to see our Social Media Guidelines.
• Text Message Information includes your telephone number and consent to receive updates about your reservations or purchases. It may also include your consent to receive marketing messages from us through short codes or similar means. We process this information to provide and improve our Services and for marketing and advertising purposes.
• User-Generated Content. If you post, upload, comment, or otherwise submit content on the Services, we may collect certain information about you such as your name and email address and products you may have purchased. Be aware that as a default, any information you post on the Services, including without limitation reviews, comments, and text, may be available to and searchable by all users of the Services. Please see our Terms of Use for more information regarding User Generated Content.

  (b)  Other Ways We May Collect, Use, or Share the Information

We also reserve the right to collect, use, or share personal information for the following purposes:

• As May Be Required to Provide the Services. We will use your personal information to provide the Services, including to improve operations and offerings, and for security purposes.
• To Present the Site. We will use personal information to present our Site and its contents in a suitable and effective manner for you and your device.
• For Legal Purposes. We reserve the right to cooperate with local, provincial, state, federal and international officials in any investigation requiring either personal information or reports about lawful or unlawful user activity on this site. We also reserve the right to share your personal information to establish, exercise, or defend our legal and property rights, including providing information to others for the purposes of fraud prevention. We may also share your personal information with any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information. Please note that this may involve the transfer of personal information between the United States and Canada.
• For Legal Purposes. We reserve the right to cooperate with local, provincial, state, federal and international officials in any investigation requiring either personal information or reports about lawful or unlawful user activity on this site. We also reserve the right to share your personal information to establish, exercise, or defend our legal and property rights, including providing information to others for the purposes of fraud prevention. We may also share your personal information with any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information. Please note that this may involve the transfer of personal information between the United States and Canada.
• Business Transactions or Mergers. We reserve the right to share your personal information to third parties as part of any potential business or asset sale, merger, acquisition, investment, round of funding, or similar type of transaction. Additionally, if we are entering into a corporate transaction with a third party, we may receive personal information in connection with the diligence. If we close a transaction, the third party may transfer personal information, which we would use as described in this Policy.
• Bankruptcy or Insolvency. In the event of bankruptcy, insolvency, or dissolution proceedings, we may share your personal information with third parties as part of the sale or reorganization process.
• Service Providers. We use service providers to perform various functions on our behalf, including background screening service providers. Such service providers will be under contractual obligations to safeguard your personal information and only process it in accordance with our instructions, or as otherwise permitted by applicable laws. We may also receive personal information from service providers who collect such information from you.
• Business Partners and Affiliates. We may collect personal information from, and share personal information with, our business partners and affiliates, including legal advisors and financial advisors, co-branded partners, and other third parties. We may combine that information with other information we collect about you, but we will always use the information as described in this Policy. We may also share information with our affiliates, subsidiaries, joint ventures or other companies under common control.

  3. How Do We Use “Cookies” and Other Tracking Technologies?

We may send one or more cookies to your computer or other device. We may also use other similar technologies such as tracking pixels, tags, or similar tools when you visit our Services. These technologies can collect data regarding your operating system, browser type, device type, screen resolution, IP address, and other technical information, as well as navigation events and session information as you interact with our Services. This information allows us to understand how you use the Services.

  (a)  What Are Cookies?

Cookies are small files created by websites, including our Services, that reside on your computer’s hard drive and that store information about your use of a particular website. When you access our Services, we use cookies and other tracking technologies to:

• Estimate our audience size and usage patterns;
• Store information about your preferences, allowing us to customize our Services according to your individual needs;
• Contact you to provide you with information or services that you request from us;
• Advertise new content, events, and services that relate to your interests;
• Provide you with more personalized content that is most relevant to your interest areas; and
• Recognize when you return to our Services.

We set some cookies ourselves and others are set by third parties. You can manage your cookies preference as described in the “Managing Your Cookies” section below.

  (b)  What Types of Cookies Do We Use and Why?

The following chart lists the different types of cookies that we and our service providers use on the Services, examples of who serves those cookies and links to the privacy notices and opt-out information of those cookie servers. Because the specific cookies we use may vary over time, as well as differ by the specific page you are browsing, the below chart is illustrative only.

We do not use analytical tools in a manner that discloses to third parties that a specific person viewed specific video materials.

  (c)  How Long Do Cookies Stay on My Device?

Some cookies operate from the time you visit the Services until the end of that particular browsing session. These cookies, which are called “session cookies,” expire and are automatically deleted when you close your Internet browser.

Some cookies will stay on your device between browsing sessions and will not expire or automatically delete when you close your Internet browser. These cookies are called “persistent cookies” and the length of time they will remain on your device will vary from cookie to cookie. Persistent cookies are used for a number of purposes, such as storing your preferences so that they are available for your next visit and to keep a more accurate account of how often you visit the Services, how your use of the Services may change over time, and the effectiveness of advertising efforts.

  (d)  Managing Your Cookies

It may be possible to block cookies by changing your Internet browser settings to refuse all or some cookies. If you choose to block all cookies (including essential cookies), you may not be able to access all or parts of the Services.

You can find out more about cookies and how to manage them by visiting www.AboutCookies.org.

  (e)  Does the Site Respond to “Do Not Track” Signals?

At this time, our Site does not respond differently based on a user’s Do Not Track signal.

  4. Canadian Users’ Rights

Residents of Canada have certain rights with respect to their data under Canada’s Personal Information protection and Electronic Documents Act (“PIPEDA”) and related provincial privacy laws. This section identifies the rights available to Canadian users as well as the methods for submitting rights requests. If necessary, we may request additional information reasonably necessary to authenticate you and your request.

Residents of Canada can learn more about their rights by clicking here.

  5. Colorado, Connecticut, Texas, Utah, and Virginia Users’ Rights

Colorado, Connecticut, Texas, Utah, and Virginia residents have certain rights with respect to their data. These rights are established through the Colorado Privacy Act (“CPA”), the Connecticut Data Privacy Act (“CTDPA”), the Texas Data Privacy and Security Act ("TDPSA"), the Utah Consumer Privacy Act (“UCPA”), and the Virginia Consumer Data Protection Act (“VCDPA”). The chart below explains these rights and lists the states whose residents may exercise those rights. To exercise any of the following rights listed in the chart below, please email us using the information set forth in the “Contact Us” section below.

  (a)  Sensitive Information

Sensitive Data as defined in the CTDPA, TDPSA, UCPA and VCDPA includes precise geolocation information. For the purposes of serving you relevant advertisements based on your location, we collect geolocation information to perform geofencing. We will not collect this information from Connecticut and Virginia residents without first obtaining consent. We will not collect this information from Utah residents without first presenting them with clear notice and an opportunity to opt out of the processing.

  (b)  Exercising Your Rights

If you are a Colorado, Connecticut, Virginia, or Utah resident and wish to exercise one of the above rights and it applies to you, please visit our “Make a Data Privacy Request” page or our “Your Privacy Choices” page.

If necessary, we may request additional information reasonably necessary to authenticate you and your request.

In certain circumstances, you may make a request on behalf of another such as if you are an authorized agent or the parent or guardian of a child on behalf of whom you wish to exercise their rights.

We will respond to these consumer requests, if applicable, within 45 days of receipt of the request and without undue delay. If we need to extend this period, we will notify you of the delay and explain the reasonably necessary justifications for our delay.

We will provide responses to your requests free of charge unless certain exclusions apply, depending on the state in which you reside. We may charge a fee in:

• Colorado, Connecticut, and Utah, if you make more than one request in a twelve-month period; and
• Connecticut and Virginia, if the request is manifestly unfounded or excessive, or repetitive in nature.

  (c)  Appealing a Rights Request Decision

If you are a resident of Colorado, Connecticut, or Virginia, and we deny or fail to take action on your request to exercise your applicable consumer privacy rights, you may appeal our decision. To do this, you may email us at privacy@earls.ca. In the email appeal, please specify the right(s) you requested to exercise and the date you made such a request.

We will inform you in writing within 45 days of any action taken or not taken in response to the appeal. We will also provide a written explanation of the reasons for our decisions regarding your request(s).

  (d)  Our Loyalty Program

We offer our Loyalty Rewards Program (“Loyalty Program”). When you use our Loyalty Program, you will receive an email from Earls Kitchen + Bar with your Alumni Card which allows you to receive 15% off food from Monday - Wednesday and 10% off Earls Merch. You may also receive special offers, discounts, and gift card rewards. Please note that if you exercise your Right of Deletion, we will not be able to provide these benefits because we will not be able to track them without your account information. In the course of providing our Loyalty Program, we will collect email, phone number, employment timeline with Earls. This information may be processed for the purposes of targeted advertising. We do not share this information with Third Parties as defined by the CPA.

  6. Advertising and Marketing Choice

We respect your rights in how your personal information is used and shared. We may communicate with you via email, telephone, postal mail, and/or your mobile device about our products and services. If at any time you would like to unsubscribe from receiving future marketing emails, you can email us at comments@earls.ca or follow the instructions at the bottom of each applicable email, and we will promptly remove you from those marketing correspondences that you choose to no longer receive. Please note, however, that we may still need to contact you regarding other matters.

  7. How Long Is Your Personal Information Kept

We will retain your personal information until the personal information is no longer necessary to accomplish the purpose for which it was provided. We may retain your personal information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, to protect you, other people, and us from fraud, abuse, unauthorized access, as necessary to protect our legal rights, or for certain business requirements.

We will delete your personal information when it is no longer necessary for the purpose for which it was collected, or upon your request, subject to exceptions as discussed in this Statement or under applicable law, contract, or regulation.

  8. Our Commitment to Data Privacy and Security

The privacy and security of your personal information is important to us. We have designated a Privacy Officer who is responsible for our compliance with this Statement. You may contact the Privacy Officer by using the information in the Contact Us section below. We implement policies designed to ensure that we process your personal information in accordance with the requirements of applicable laws.

We take various reasonable organizational, administrative, and technical measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. If required by law to do so, we will notify you and/or the relevant supervisory authority in the event of a data breach.

However, we cannot and do not guarantee complete security, as it does not exist on the Internet.

  9. Where Your Personal Information Is Held

We process personal information on our servers in Canada and the United States of America, and may do so in other countries. If you use our Services, you expressly consent to the transfer of your data to the United States, the processing of your data in the United States, and the storage of your data in the United States. We may also transfer information to third party service providers located in Canada and the United States.

For the avoidance of doubt, we may transfer personal information across borders for purposes of compliance with valid legal requests.

  10. Third Party Links

Our Services may contain links to third-party websites. When we provide links, we do so only as a convenience and we are not responsible for any content of any third-party website or any links contained within. It is important to note that this Statement only applies to our Services. We are not responsible and assume no responsibility for any personal information collected, stored, or used by any third party as a result of you visiting third-party websites. We also advise that you carefully read the privacy notice of any third-party websites you choose to visit.

  11. Children’s Privacy

Protecting the privacy of the very young is especially important. Our Services are not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. In the event that we learn that we have collected personal information from a child under age 13 without verification or parental consent, we will immediately delete that information. If you believe that we might have any information from or about a child under 13, please contact us using the information provided in the “Contact Us” section below.

  12. Policy Changes

This Statement may change from time to time. If we need to change this Statement at some point in the future, we will post any changes on this page. If we make a significant or material change to this Statement we will notify you via email. You should check these terms when you use the Site. Your continued use of the Services constitutes acceptance of the most current version of this Statement.

  13. Contact Us

If you have any questions about this Privacy Policy, please contact us by email at privacy@earls.ca, via phone at (604) 646-4880, or by mail at 234 W 3rd Ave, Level 4, Vancouver, British Columbia, Canada, V5Y 1G1.