PRIVACY POLICY LAST MODIFIED: MAY 26, 2021 THE QDOBA WEBSITE AND MOBILE APPLICATIONS ARE ONLY INTENDED FOR USERS IN THE UNITED STATES OR CANADA. IF YOU RESIDE OUTSIDE OF THE UNITED STATES OR CANADA, PLEASE DO NOT USE ANY QDOBA WEBSITE OR ANY MOBILE APPLICATION. INTRODUCTION Qdoba Restaurant Corporation (“Qdoba” or “we” or “us” or “our”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy (this “policy”). This policy describes the information we collect about you or that you may provide to us, including, but not limited to, when you visit our website, www.qdoba.com (the “Website”) or use the Qdoba Rewards mobile application (the “App,” and together with the Website, our “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. Your participation in any of our Services is voluntary. This policy applies to information we collect: - On this Website, including when making online or catering orders through our Services. - Within the Qdoba Rewards Mobile App, including when making online orders through our Services. - In email, text, and other electronic messages using our Services. - Through your participation in the Qdoba Rewards program or when you interact with other of our advertising applications on third-party websites, mobile applications and/or services, if those applications or advertising include links to this policy. - When you respond to survey that we, or our third party service providers, perform. - When you participate in a promotional sweepstakes or other contest that we, or our third party service providers, conduct. - From our affiliates and subsidiaries (but not our franchisees). This policy does not apply to information collected by any third party (including our franchisees (but not our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from our Services. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to provide us information or to use our Services. This policy may change from time to time (see Changes to Our Privacy Policy). Except as otherwise required under applicable law, your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. CHILDREN UNDER THE AGE OF 16 Our Services are not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on our Services and we do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on our Services or on or through any of its features, make any purchases through our Services, use any of interactive or public comment features of our Services or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at www.qdoba.com/talk-to-us, or QDOBA RESTAURANT CORPORATION 350 Camino de La Reina San Diego, California, 92108 INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT We collect several types of information from and about users of our Services, including information: - Information that you provide by filling in forms supplied on our Services. This includes information provided on or through our Services at the time of registering to use Qdoba Rewards, making online orders, posting material, making an inquiry concerning operating a Qdoba franchise, purchasing a physical or digital Q-Cash card or checking your balance on a Q-Cash card with our third-party partner, submitting feedback and inquiries via Qdoba.com/talk-to-us, using our location finder feature or requesting any other information or services. We may also ask you for information when you enter a contest or promotion sponsored by us, or when you report a problem with our Services. - Information by which you may be personally identified, directly or indirectly, such as name, postal address, e-mail address, telephone number or any other information our Services collect that is defined as personal or personally identifiable information under an applicable law (“personal information”). - Your social media identification, if you use social media single sign-on. - Records and copies of your correspondence (including email addresses), if you contact us. - Your responses to surveys that we or our service providers might ask you to complete. - Details of transactions you carry out through our Services (including online orders and catering orders made through our Website) and of the fulfillment of your orders. You may be required to provide credit card or other financial information before placing an order through our Services. - Browsing history, search history, and other information on your interaction with our Services. - Information that is about you but individually does not identify you, such as: - Location information, including: Qdoba locations you may have visited, latitude and longitude (when location-based services are enabled) to provide targeted messaging and information on the nearest Qdoba locations, and delivery information provided during ordering. - Your personal preferences including: dietary preferences, email and communication preferences; and other optional questions about your purchase behavior and menu preferences. INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES As you navigate through and interact on our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including: - Details of your visits to our Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on our Services. - Information about your device and internet connection, including your IP address, operating system, and browser type. We also may use these technologies to collect information about your online activities over time and across third-party websites or apps or other online services (behavioral tracking). For more information, see Choices About How We Use and Disclose Your Information. The information we collect automatically is generally statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver a better and more personalized service, including by enabling us to: - Estimate our audience size and usage patterns. - Store information about your preferences, allowing us to customize our Services according to your individual interests. - Speed up your searches. - Monitor, assess, manage, diagnose problems with, improve and otherwise administer our Services. - Recognize you when you return to our Services. AUTOMATIC AND THIRD-PARTY INFORMATION COLLECTION, ANALYSIS AND TRACKING When you use our Services (or their content), we or certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include: - Advertisers, ad networks and ad servers. - Analytics companies. - Your mobile device manufacturer. - Your mobile service provider. On the Website, the technologies we use for this automatic data collection may include: - Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Services. - Flash Cookies. Certain features of our Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.Web Beacons or Tracking Pixels. Pages of our Services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related Services statistics (for example, recording the popularity of certain content and verifying system and server integrity). For more information on our use of cookies, please see our COOKIE POLICY. The information automatically collected and analyzed may include: - Usage Details. Certain details of your access to and use of the Services, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the Services. - Device Information. Information about your mobile device, computer, and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information and the device’s telephone number. - Stored Information and Files. Metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information. - Location Information. Real-time information about the location of your device. Location information is analyzed and used to provide you with local restaurant menus and locations, to send targeted promotional offers, and for research purposes as described more below. We may tie this information to personal information about you that we collect from other sources or that you provide to us. These third parties may use cookies, alone or in conjunction with web beacons or other tracking technologies, to collect information about you when you use our Services. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites. We may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information. HOW WE USE YOUR INFORMATION We use information that we collect about you or that you provide to us, including any personal information: - To present our Services and their contents to you. - To provide you with information, products, or services that you request from us. - To market or advertise our products, services, promotions, contests and other activities; - To fulfill any other purpose for which you provide it. - To provide you with notices about your Rewards, and/or Catering accounts, including expiration notices. - To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection. - To notify you about changes to our Services or any products or services we offer or provide though it. - To allow you to participate in interactive features on our Services such as checking Q-Cash card balance, managing Rewards program and submitting online orders. - Estimate our audience size and usage patterns. - Store information about your preferences, allowing us to customize our Services according to your individual interests. - Speed up your searches. - Monitor, assess, manage, diagnose problems with, improve and otherwise administer our Services. - Recognize you when you return to our Services. - To provide, support, personalize, and develop our Website, App, products, and services. - To create, maintain, customize, and secure your account with us. - To process your requests, purchases, transactions, and payments and prevent transactional fraud. - To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses. - To personalize your App and Website experiences and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our App, Website, third-party sites, and via email or text message (with your consent, where required by law). - To help maintain the safety, security, and integrity of our App, Website, products and services, databases and other technology assets, and business. - For testing, research, analysis, and product development, including to develop and improve our App, Website, products, and services. - In any other way we may describe when you provide the information. - For any other purpose with your consent. - We may also use your information to contact you about our own and third-parties goods and services that may be of interest to you. For more information, see Choices About How We Use and Disclose Your Information. We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. DISCLOSURE OF YOUR INFORMATION We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We do not sell the personal information we collect or use. We may disclose personal information that we collect or you provide as described in this policy: - To our subsidiaries and affiliates. - To contractors, service providers, and other third parties we use to support our business and who are bound by obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them (all of which are described herein). - To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Qdoba’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Qdoba about our Services’ users is among the assets transferred. - To third parties to provide you with customized content, targeted offers, and advertising via email or push notification, or across our website, other websites, mobile applications, social media or online services. - To market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information. - To fulfill the purpose for which you provide it. CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information: - Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. - Promotional Offers from Us. If you do not wish to have your email address or contact information used by us to promote our products or services, you can opt-out of receiving promotional emails at the time of providing data or at any other time by logging into the Services and adjusting your user email preferences in your Account Profile. Please note that this opt out does not apply to emails sent by us as a result of a product purchase, Qdoba Rewards account-related information, or other similar transactions. If we have sent you a promotional email, you may click on the “unsubscribe” link in the email footer to be omitted from all future email distributions. When you use the App, you may receive push notifications. If you prefer not to receive push notifications, you may adjust your settings on your mobile device to control whether you want to receive these alerts. Our services do not honor do not track requests. However, you can find information on how to opt out of many websites and applications participating ad networks at the following sites: Network Advertising Initiative (NAI) at WWW.OPTOUT.NETWORKADVERTISING.ORG, and Digital Advertising Alliance (DAA) at WWW.ABOUTADS.INFO/CHOICES. Please note that opting out does not prevent you from seeing our online advertisements. ACCESSING AND CORRECTING YOUR INFORMATION You can review and change your personal information by logging into your Qdoba Rewards account on the Services and visiting your Account Profile, or by logging into the App and adjusting your preferences on the Settings Screen. You may also send us a request via Qdoba.com/talk-to-us to request access to, correct or delete any personal information that you have provided to us. We can only delete credit card information in accordance with our standard retention policy. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. DATA SECURITY We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any payment transactions will be encrypted. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted via our Services. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the Services. SPECIAL NOTICE TO CALIFORNIA CONSUMERS California residents may be provided with additional privacy rights under applicable law, including but not limited to the California Consumer Privacy Act of 2018. For more information, see PRIVACY NOTICE FOR CALIFORNIA RESIDENTS. CANADA RESIDENTS Notwithstanding anything herein to the contrary, if you are a resident of Canada, the following provisions shall apply (and trump all conflicting provisions in this policy): - We will not send you any online newsletter or email marketing communication unless you express consent to receive such newsletters or communications from us. - Prior to receiving any such newsletter or email marketing communications, you will be given the opportunity to consent to receive such communications from us. If you opt-in to receive such communications, we may use the information to communicate with you regarding our products, services, and promotions, to provide you with other information that you request, and/or to improve our product and service offerings. - You will always have the opportunity to “unsubscribe” from receiving the e-mail or other communication at any time. You can unsubscribe by clicking on the ‘unsubscribe’ link found at the bottom of any of our emails, or by contacting us at: QDOBA RESTAURANT CORPORATION Attention: Guest Relations 350 Camino de La Reina San Diego, California, 92108 You can also “unsubscribe” from promotional emails through changing your personal preferences by logging into your Qdoba Rewards account on the Website and visiting your ACCOUNT PROFILE. - Please be aware that we are headquartered in, and many of our third-party service providers are located within, the United States, and as a result your information will be transferred to the United States. - We do not directly advertise to any children under the age of 16, including, without limitation, any children under the age of 16 living in Quebec. CHANGES TO OUR PRIVACY POLICY We may amend this policy at any time. If we make any material changes in the way we collect, use, and/or share your personal data or to this policy, we will notify you by prominently posting notice of the changes on the websites and apps covered by this policy. We encourage you to review this page periodically for the latest information on our policy. CONTACT INFORMATION To ask questions or comment about this privacy policy and our privacy practices, contact us via Qdoba.com/talk-to-us, or write us at: QDOBA RESTAURANT CORPORATION Attention: Guest Relations 350 Camino de La Reina San Diego, California, 92108 We use cookies to improve our products and your experience on our website, WWW.QDOBA.COM, by evaluating the use of the website, products and services to personalize content and ads, provide social media features and analyze our traffic. By agreeing to the use of cookies on our website, you direct us to disclose your personal information to our third party service providers for those purposes. For more information, please see our Cookie Policy. OK CORPORATE INFO ABOUT US OUR STORY MEDIA CAREERS FRANCHISE OUR FOOD DIETARY PREFERENCES DOWNLOAD OUR MENU INGREDIENTS WE PLEDGE TO AVOID OUR FOOD PHILOSOPHY EXPLORE MORE SHOP GIFT CARDS TALK TO US COOKIE POLICY CALIFORNIA PRIVACY NOTICE COVID-19 STATEMENT OUR MOBILE APPS TERMS OF USE PRIVACY POLICY ACCESSIBILITY STATEMENT ©2021 Qdoba Restaurant Corporation