UPDATED PRIVACY POLICY

 

BJ’s Restaurants, Inc.
Privacy Policy

Last updated: June 30, 2023

This Privacy Policy applies to all websites and mobile applications (each a “Site”) operated by BJ’s Restaurants, Inc. (“BJ’s”, “we”, and “us”). This Privacy Policy describes how we use, store, and disclose information that we obtain about you through our Sites, including information that we obtain through any promotional program or other service that we provide (in whole or in part) through any of our Sites, such as the BJ’s Premier Rewards Program.

Please read this information carefully before accessing any of our Sites. By accessing any of our Sites, you agree to the terms of this Privacy Policy.

For ease of reference, you may click on any of the following links to jump to one of the topics addressed in this Privacy Policy:

Information Collected About You

Use and Retention of the Information About You

Disclosure of the Information About You

Children

Do Not Track Signals

State Specific Notices

Links to Third-Party Sites

Security Procedures

Access to Your Information and Your Choices

Governing Law

Changes to These Terms

Contact Us

 

Information Collected About You

We collect information about you in a variety of ways through our Sites.

  • Participation in Our Programs. When you register and/or participate in the BJ’s Premier Rewards Program or any other program we may offer, you will be asked to provide certain personal information, such as your name, email address, mailing address, and date of birth or age, as well as to generate a user name and password. As you use your account, we may also collect other information from you, such as which of our restaurants you visit, the points you earn and rewards you redeem, and any preferences you express. You may also periodically be asked for information concerning what you like and do not like (such as your favorite pizza flavor!).
  • Online Purchases. When you make a purchase on one of our Sites, you will be asked to provide information necessary to facilitate the transaction, such as your credit card or debit card number, associated security code, telephone number, billing address, email address, and shipping address.
  • Contests, Sweepstakes, and Other Promotions. We may collect information about you when you participate in a promotion that we sponsor, such as a contest or sweepstakes (which we may sponsor alone or co-sponsor with one or more third parties). To participate in one of our promotions, you may be asked to provide your name and your email address, mailing address and/or other contact information. For some promotions, we may request other information about you as well. Note that your participation will be subject to the official rules of the promotion (as well as this privacy policy and the privacy policy of any co-sponsor).
  • Careers.  If you choose to explore career opportunities at BJ’s by providing information on our “Careers” webpage, you will be asked for contact information as well as information about your employment and educational history and other relevant information. This portion of our Site may be operated by a third-party service provider collecting the information on our behalf.
  • Sign-Up for Emails or Other Correspondence. If you sign up on one of our Sites to receive email communications or other correspondence from us, you may be asked to provide us with your name, email address, and/or mailing address, along with other information related to your subscription or correspondence.
  • Social Networking Activities. Our Sites may include the ability for you and other users to link to various social networking platforms. We may receive information about you when you choose to post or otherwise share information about us on any social networking platform. Note that any information that you or others post to a social networking platform will be accessible by any users of such platform, subject to its terms of service and privacy policy.
  • Usage Data. When you use or access any of our Sites, we may collect certain usage data generated by your activities on the Sites, including your pages viewed, number of bytes transferred, hyperlinks clicked, and other actions you take on our Sites. Each of our Sites may also track the URL that you visited before you come to the Site, the URL to which you next go, and your Internet Protocol (IP) address or mobile device identifier.
  • Cookies and Other Online Information-Gathering Tools. As with most websites, we may employ “cookies,” web beacons, or similar technologies on our Sites to collect and store certain information about usage by visitors to our Sites, to improve our services and advertising, and to help us remember you and your preferences when you revisit our Sites. These technologies may stay on your browser into the future until they expire or you delete them. We also use cookies and similar technologies to remember your purchase selections in your shopping cart. You may set your browser to refuse all cookies or to allow cookies only from selected sites. If you block cookies there may be pages on our Site you will not be able to access. Further general information about cookies and how they work is available at www.allaboutcookies.org.
  • Third-Party Integrated Services. We may incorporate third-party ads and other third-party content on our Sites, and integrate other third-party offerings into our Sites, enabling certain third parties to collect information about you or your online activities across other websites and over time through your use of our Sites. Any information collected through such integrated technologies is collected directly by these third parties for use by such third parties and other authorized parties, subject to the privacy policies of those other parties.
  • Online Inquiries. When you submit an inquiry or otherwise correspond through one of our Sites, you may be asked to provide your name, email address, and/or other personal information to us.
     

Use and Retention of the Information About You

BJ’s and our affiliates may use information collected about you through our Sites for a variety of commercial purposes. Without limitation, we may use such information to:

  • Administer and improve our Sites and businesses;
  • Grow our businesses by delivering a broad range of personalized products and services to you and other customers;
  • Offer our products or services (or those of our affiliates or third parties) that we think you may find of interest;
  • Understand our customers’ preferences and history, and tailor our services and promotional offers accordingly;
  • Respond to inquiries;
  • Process transactions you request and deliver products that you have purchased;
  • Send you promotional and other offers via email and traditional mail, informing you about our products and services and other offerings subject to your choices (please see below);
  • Communicate with you regarding your membership in our BJ’s Premier Rewards Program or other promotional program, and facilitate the functioning of our programs (such as the delivery of rewards); and
  • Conduct other marketing and commercial activities.

We keep the information about you collected through our Sites in compliance with applicable laws and regulations and until we no longer have a business need for retaining it.
 

Disclosure of the Information About You

We may disclose any of the information about you collected through our Sites to unaffiliated third parties in any or all of the following circumstances:

  • When you request or authorize the disclosure;
  • When the information is provided to help complete a transaction for you;
  • When the information is provided to one or more of our agents, outside vendors or service providers to perform functions on our behalf (such as to analyze data, provide marketing assistance, provide customer service, and/or to process orders);
  • When the information is collected by third-party ads, content or technologies integrated with any of our Sites;
  • when the information is provided to one of our partners or other third parties for their own marketing or other commercial purposes;
  • When the information is provided to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas; to enforce our Terms of Use or other agreements; or to protect our rights, property or safety or the rights, property or safety of our users or others (such as to a consumer reporting agency for fraud protection);
  • When the disclosure is done as part of a purchase, transfer or sale of services, assets, or capital stock (such as in the event that substantially all of our assets are acquired by a third party, in which case customer information may be one of the transferred assets); or
  • as otherwise described in this Privacy Policy.
     

Do Not Track Signals

At this time, our Sites do not support “Do Not Track” preferences that may be available in your browser for letting websites know that you do not want them collecting certain kinds of information. If you turn on the “Do Not Track” setting on your browser, our Sites are not currently capable of following whatever Do Not Track preferences you set. For more information about Do Not Track, visit donottrack.us.
 

Children

Our Sites are not designed to appeal to persons under 13 years old (“children”). We do not knowingly collect or maintain personal information from children through our Sites, except for persistent identifiers that may be collected through children’s sections of our Sites which (as permitted by applicable law) we will use solely to support the internal operations of the Sites. If we learn that any unauthorized personal information of a child has been collected, we will take appropriate steps to delete such information. If you are a parent or guardian and discover that your child has provided any such personal information to us, then you may contact us at the email or mailing address noted at the end of this Privacy Policy below and request that we delete that information from our systems.
 

State-Specific Notices

Your California Privacy Rights (Direct Marketing- Shine the Light Act)

Please note that we may share information collected about you with our affiliates and other third parties for their direct marketing purposes. Under California’s Shine the Light Act, a California resident with whom we have an established relationship has the right to request certain information with respect to the types of personal information that we have shared with third parties for these purposes, and the identities of those third parties, within the immediately preceding calendar year, subject to certain exceptions. All requests for such information must be in writing and sent to us at CaliforniaPrivacyRights@bjsrestaurants.com.

Residents of Utah

We are not subject to the Utah Consumer Privacy Act.  If we become subject to this law we will amend this Privacy Policy accordingly.

Consumer Privacy Notices: Residents of California, Colorado, Connecticut, and Virginia

If you are a resident of California, Colorado, Connecticut, or Virginia, the following provisions may apply to our processing of information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”) subject to the California Consumer Privacy Act of 2018/ Privacy Rights Act, the Colorado Privacy Act, the Connecticut Personal Data Privacy Act, and the Virginia Consumer Data Protection Act (collectively the “Privacy Laws”).

Colorado, Connecticut, and Virginia define a ‘Consumer’ as a resident of the state who is acting in an individual or household capacity, but this excludes state residents who are acting in an employment capacity (as one of our current, former or prospective employees) or in a commercial capacity (as an employee, owner, director, officer, etc. of an entity communicating with us in that context).  As a result, if you reside in one of these states and have interacted with us in an employment or commercial capacity you are not provided the rights described below by the Privacy Laws.

California defines a ‘Consumer’ as any resident of the state regardless of the capacity in which they interact with us.  

For Consumers, the provisions of this section prevail over any conflicting provisions of this Privacy Policy. We adopt this section of our Privacy Policy to comply with the Privacy Laws of and any terms defined in the Privacy Laws have the meaning set forth in the law of your state of residence when used in this section.
 

A. Information Collected, Sources, Purposes for Collection, and Disclosure

1. During the past 12 months, we have collected the following categories of information from the listed sources, used it for the listed business purposes and shared it with the listed categories of third parties.  The categories of information include information we collect from Consumers who visit our website, registered users and any other person that interacts with us either online or offline. This includes California employees, vendors, and suppliers. Not all information is collected about all individuals. For instance, we may collect different information from applicants for employment or from vendors or from customers.

Category of Information collected

Source                     

Business purposes* for use

Categories of third parties receiving information

Identifiers, such as name, Email address, phone number, account, profile, device information, and IP address.

Individuals submitting information to us;
information we automatically collect from site/app visitors;
Information we may receive from third-party marketing and data partners.

Auditing relating to transactions;
security detection, protection and enforcement;
functionality debugging/error repair;
ad customization;
performing services for you;
internal research and development;
quality control.

Service providers (such as payment processors, marketing partners, employee benefits partners);
affiliated companies;
government regulators;
law enforcement;
strategically aligned businesses.

Protected Information , such as user name and password, payment card  or financial account information and employee’s or vendor’s taxpayer ID numbers.  NOTE:  BJ’s stores passwords in an encrypted format and does not have the ability to decrypt.

Individuals submitting information to us;
employment applications;
employees.

Auditing relating to transactions;
security detection, protection and enforcement;
functionality debugging/error repair;
performing services for you.

Service providers (such as payment/payroll processors, accounting and legal professionals, employee benefits partners)

Protected classification information, such as race, gender, ethnicity, religion.

Individuals submitting employment applications.

legal. antidiscrimination and regulatory compliance.

Government regulators when lawfully requested.

Commercial information, such as transaction history, products/services purchased, obtained or considered, product preference.

Individuals submitting information;
information we automatically collect from site/app visitors;
information we may receive from third-party marketing or data partners.

Auditing relating to transactions;
security detection, protection and enforcement;
functionality debugging/error repair;
ad/product customization;
performing services to you;
internal research and development;
quality control.

Service providers (such as payment processors, marketing partners, employee benefits partners),
affiliated companies,
government regulators,
law enforcement,
strategically aligned businesses,

Electronic network activity, such as interactions with our website, mobile application, or advertisements.

Information automatically collected from site/app/ad visitors.

Auditing relating to transactions;
security detection, protection and enforcement;
functionality debugging/error repair;
ad customization;
performing services for you;
internal research and development;
quality control.

Service providers (such as payment processors, marketing partners, employee benefits partners);
affiliated companies;
government regulators;
law enforcement;
strategically aligned businesses.

Audio, video or similar information (customer service calls, security monitoring)

Individuals submitting information;
Information we collect for security purposes.

Auditing relating to transactions;
security detection, protection and enforcement;
performing services for you;
quality control.

Affiliated companies;
government regulators;
law enforcement;
strategically aligned businesses.

Biometrics

Not Collected.

Not Collected.

Not Shared.

Geolocation

Information we automatically collect from site/app visitors.

Auditing relating to transactions;
security detection, protection and enforcement;
functionality debugging/error repair;
ad customization;
performing services for you;
internal research and development;
quality control.

Service providers (such as payment processors, marketing partners, employee benefits partners);
affiliated companies;
government regulators;
law enforcement when lawfully requested;
strategically aligned businesses.

Professional, educational or employment related information

Information submitted by individuals;
information received from third parties in connection with vendor or employment status or applications;
Information we observe in connection with vendor or employment oversight.

Auditing relating to transactions;
security detection, protection and enforcement;
ad customization;
performing services for you;
internal research and development;
quality control.

Service providers (such as payment processors, marketing partners, employee benefits partners);
affiliated companies;
government regulators;
law enforcement;
strategically aligned businesses;

 Non-public  educational information (Federally protected education records directly related to a student maintained by an educational institution)

Not collected

Not collected

Not shared

Sensitive Personal Information (social security, driver’s license, state identification card, or passport number, account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, precise geolocation, consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership, genetic data, biometric information, health, sex life or sexual orientation.)

Information submitted by individuals;

information received from third parties in connection with vendor or employment status or applications;

information we observe in connection with vendor or employment oversight.

Identity verification;

employment and benefits administration;

vendor oversight;

security detection, protection and enforcement;

to perform services;

compliance with law.

Service providers (such as payment/payroll processors, accounting and legal professionals, employee benefits partners); government regulators when lawfully requested.

Inference from the above (preferences, characteristics, behavior, attitudes, abilities, etc.)

Internal analytics

Auditing relating to transactions;
security detection, protection and enforcement;
functionality debugging/error repair;
ad customization;
performing services for you;
internal research and development;
quality control.

Service providers (such as payment processors, mail houses, marketing partners, shipping partners, employee benefits partners);
affiliated companies;
government regulators;
law enforcement;
strategically aligned businesses)

*More specifically, the business purposes include:

 

1) Performing services for you:

  • To administer or otherwise carry out our obligations in relation to any agreement to which we are a party;
  • To assist you in completing a transaction or order;
  • To assist you in completing a transaction or order;
  • To allow tracking of shipments;
  • To prepare and process invoices;
  • To respond to queries or requests and to provide services and support;
  • To provide aftersales customer relationship management;
  • To create and manage our customer accounts;
  • To notify you about changes to our services and products;
  • To administer any promotion, contest, survey, or competition;
  • To provide you information regarding our products and services,
  • To offer our products and services to you in a personalized way, for example, we may provide suggestions based on your previous requests to enable you to identify suitable products and services more quickly.

 

2) Advertising customization:

  •  For marketing and promotions we believe you may find of interest and to provide you, or allow selected third parties to provide you, with information about products and services that may interest you.

 

3) Auditing relating to transactions, internal research and development:

  • To provide for internal business administration and operations, including troubleshooting, Site customization, enhancement or development, testing, research, administration and operation of our Sites and data analytics;
  • To create products or services that may meet your needs;
  • To measure performance of marketing initiatives, ads, and websites “powered by” another company on our behalf.

 

4) Security detection, protection and enforcement; functionality debugging, error repair:

  • As part of our efforts to keep our Sites safe and secure;
  • To ensure the security of your account and our business, preventing or detecting fraud, malicious activity or abuses of our Sites, for example, by requesting verification information in order to reset your account password (if applicable);
  • To ensure the physical security of our premises through the monitoring of surveillance images;
  • To resolve disputes, to protect the rights, safety and interests ourselves, our users or others, and to comply with our legal obligations.

 

5) Quality control:

  • To monitor quality control and ensure compliance with our legal obligations, codes and ordinances, policies and procedures,
  • To develop and improve our products and services, for example, by reviewing visits to the Sites and various subpages, demand for specific products and services and user comments.

 

2.  Disclosing Personal Information in a Sale Arrangement

 We do not sell your information for monetary consideration but we may transfer your information to a third party that provide us with services such as helping us with advertising, data analysis and security, which may fall under the definition of for “other valuable consideration” which may be considered a ‘sale’ under some of the Privacy Laws. During the past 12 months we disclosed Identifiers, Electronic Network Activity with third party advertising, security and data analysis providers for a business purpose which falls within the definition of a ‘sale’.

 

3. Sharing Personal Information for Cross-Context Behavioral (Targeted) Marketing.

Sharing Consumer personal information means making it available to a third party so that they can use it to display targeted or cross-context behavioral advertisement to you. Cross-context behavioral or targeted advertising means that we display an advertisement to you that is selected based on personal information about you that we obtained or inferred over time from Consumers’ activities across other companies’ websites, applications or online services that we use to predict Consumers’ preferences or interests.  Targeted advertising does not include using Consumers’ interactions with us or information that Consumers provide to us to select advertisements to show them. In the preceding twelve (12) months, we have shared the following categories of personal information of non-minors with third parties for behavioral or cross context or targeted advertising. Identifiers, Commercial Information, Electronic network activity information, Geolocation.

 

4. Processing and Disclosing Sensitive Personal Information

We collect, process and disclose Sensitive Personal Information for the purposes disclosed above or at the time we collect this information.  We do not process or disclose this information for purposes other than the purpose for which it was originally collected or as permitted by law.  We use and process Sensitive Personal Information to comply with laws such as anti-discrimination laws and disability accommodation law. 
 

B. Consumers’ Rights and Choices.

The Privacy Laws provide Consumers in California, Colorado, Connecticut, and Virginia with specific rights regarding their personal information.

This section describes Consumers’ rights under the Privacy Laws, explains how to exercise those rights, and provides information about the response timing and format and your rights to appeal our decisions.
 

1.  Access to Information and Data Portability Rights

Consumers have the right to request that we disclose certain information upon request about our information collection and disclosure practices. Consumers also have the right to request a copy of the specific pieces of personal information we collected about you. You may make these requests up to twice in a 12 month period.  Once we receive and confirm your verifiable Consumer request, we will disclose to you:

  • The categories of personal information we collected about you, the sources of the information, our business or commercial purpose for collecting the information and whether the information was disclosed for a business purpose, shared or sold.
  • The categories of information we disclosed for a business purpose and the categories of information we sold or shared during the prior 12 months along with the categories of recipients of such information.
  • The specific pieces of personal information we collected about you during the prior 12 months, or, at your option, since January 1, 2022. Please note that this disclosure will not include data generated to help ensure security and integrity or as prescribed by regulation. We will endeavor to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy to your registered account, if you have registered an account with us.
     

2.  Consumers’ Deletion Request Rights

Consumers have the right at any time to request that we delete any of their personal information that we collected from them and retained, subject to certain exceptions. Once we receive and confirm a verifiable Consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. Please understand that the Privacy Laws permit us to retain certain information and not to delete it under certain circumstances.  By way of example, we are not required to comply with a request to delete information if the information is necessary for us to complete a transaction for you or otherwise perform a contract; to detect, protect against, or prosecute security incidents, fraud or illegal activity; to use the information only internally in ways reasonably aligned with your expectations as our customer (such as maintaining sales records), and to comply with legal obligations. If we receive such a request from you we will notify any service providers we have engaged to delete your information as well.
 

3.  Consumers’ Information Correction Rights

Consumers have the right at any time to request that we correct information that we hold which is inaccurate.  We will require that you provide information about yourself so that we can verify your identity before we can make any change in the information we hold about you and we will use commercially reasonable efforts to make the requested corrections.  In some cases, for instance if you have an account with us, you can update your information by logging into your account. 
 

4. Consumers’ Opt-Out Rights

  • Do Not Sell My Personal Information.  If you are 16 years of age or older, you have the right at any time to direct us to not sell your personal information. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
  • Do Not Share My Personal Information.  Consumers have the right at any time to opt out of having your personal information shared with others for cross-context or behavioral advertising purposes and having their information used for targeted advertisements.  When Consumers opt out we will not share their personal information with others that they can use to send the Consumer targeted advertisements and we will not use information we obtain over time from Consumers’ activities with third party companies to show advertisements.  We can still use information that we receive from your interactions with us to select advertisements we think may be of interest to you.
  • Limit Processing of Sensitive Personal Information.  Consumers have the right at any time to tell us not to process or disclose Sensitive Personal Information for any purpose other than the purposes permitted by the Privacy Laws. We will ask for your express consent where required by Privacy Laws before processing your Sensitive Personal Information. Examples of permitted purposes include processing and disclosing Sensitive Personal Information to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services, to prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted personal information, to resist malicious, deceptive, fraudulent, or illegal actions directed at the business and to prosecute those responsible for those actions, to ensure the physical safety of natural persons, for short-term, transient use, provided that the personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business, to verify or maintain the quality or safety of products or services that we own or control, and to improve, upgrade, or enhance such products or  services, to collect or process sensitive personal information where such collection or processing is not for the purpose of inferring characteristics about a consumer.  We only process Sensitive Personal Information for the purposes permitted by Privacy Laws.
     

C. Exercising Consumer Rights and Our Responses

We are required by the Privacy Laws to verify requests from Consumers.  We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable Consumer request to verify the requestor’s identity or authority to make the request. 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. We will not discriminate against you as a result of your exercise of any of these rights.

1. Access, Portability, Correction and Deletion.  In order to make a request for access, portability, correction, or disclosure Consumers may contact us by calling us toll-free at 1-833-280-0707  or by visiting our Consumer Request Page. We will ask you for information that allows us to reasonably verify your identity (that you are the person about whom we collected personal information) and will use that information only for that purpose. We may request that you submit a signed statement under penalty of perjury that you are the individual you claim to be.  We will acknowledge receipt of your request within 10 days and will endeavor to respond within forty-five days of receipt of your request, but if we require more time (up to an additional forty-five days) we will notify you of our need for additional time.

You may make a request for disclosure of our information collection practices, our information disclosure practices, and data portability up to twice within a 12-month period.  You may make a request to correct or delete your information at any time.

For requests for data portability we will endeavor to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy to your registered account, if you have registered an account with us.

For requests for deletion of your information please understand that the Privacy Laws permit us to retain certain information and not to delete it under the circumstances described above. 
 

2. Opt-Out Rights.  To opt out of the sale of your personal information, the sharing of your personal information, or to ask us to limit processing of your Sensitive Personal Information, you  may submit a request to us by clicking the following appropriate link: “Do Not Sell or Share My Personal Information"  or “Limit Sensitive Information Processing”.  You may also call us toll free at 1-833-280-0707. You may make Opt Out requests at any time.

You may also opt out by activating a user-enabled global privacy control, such as a browser plug-in or privacy setting, device setting, or other mechanism, that communicates or signals your choice to opt-out of the sale and sharing of personal information. When we receive such a signal we will stop setting third party, analytics, or advertising partner cookies on your browser.  This will prevent the sale or sharing of information relating to that specific device through cookies to our advertising or analytics partners. This option does not stop all sales or sharing of your information because we cannot match your device’s identification or internet protocol address with your personally identifiable information like your name, phone number, email address or ZIP Code.  If you delete cookies on your browser, any prior do not sell or do not share signal is also deleted and you should make sure that your user-enabled setting is always activated.

We will comply with your Opt Out request promptly, and at least within 15 business days. Once we receive your request we will wait at least 12 months before asking you to reauthorize personal information sales or sharing.
 

3. Using an Authorized Agent. You may submit a request through someone holding a formal Power of Attorney.  Otherwise, California Consumers may submit a request using an authorized agent only if (1) you provide the authorized agent with written permission to make a request and (2) you verify your own identity directly with us.  We will require the agent to submit proof to us that they have been authorized to make requests on your behalf.
 

D. Retention of Personal Information

We will store Consumer personal information in a form which permits us to identify Consumers, for as long as necessary for the purpose for which the personal information is processed.  We may retain and use such personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically reasonably feasible to remove it. We retain information Consumers provide in connection with requests made under the Privacy Laws for a period of two years.
 

 E. Appealing Denied Requests

If we have denied your Consumer request you have the ability to file an appeal with us.  To file an appeal with us, either please email us at legal@bjsrestaurants.com, or write to us (and include your email address) at BJ’s Restaurants, Inc., 7755 Center Avenue, Suite 300, Huntington Beach, CA 92647, Attention: Legal Department.

We will respond to you in writing within 45 days explaining the reasons for our decisions.  If we deny your appeal you can contact your state Attorney General at:

Colorado residents:

Office of the Attorney General
Colorado Department of Law
Ralph L. Carr Judicial Building
1300 Broadway, 10th Floor
Denver, CO 80203
(720) 508-6000

Connecticut residents:
Office of the Attorney General
165 Capitol Avenue
Hartford, CT 06106
860-808-5318

Virginia residents:
Office of the Attorney General
202 North Ninth Street
Richmond, Virginia 23219
(804)786-2071

California residents (not available)
 

Links to Third-Party Sites

There may be links on our Sites that will take you to third-party sites. Please be aware that we do not control any such third-party sites, and we are not responsible for the contents of any third-party site or any link contained in such a site. The inclusion of any link on one of our Sites does not imply endorsement of the third-party site. The use and privacy practices of the operator of any third-party site as to any information you provide is in no way subject to this Privacy Policy. Each third-party site may have its own policy that could differ considerably from our Privacy Policy, or the third-party site may not display any privacy policy at all.

Security Procedures

We use reasonable technical, administrative and physical measures to protect information contained in our systems against misuse, loss or alteration. We use encryption technology to protect all information being transferred to our site and additional encryption technology to protect sensitive information that we store. Please note, however, that no method of electronic transmission or storage is 100% secure. If we receive instructions using your log-in information, we will assume that you have authorized such instructions, so please keep your user name and password secure.

Access to Your Information and Your Choices

If you have registered for an account on any of our Sites, you have the ability to edit certain personal information you have provided to us by logging into your account and making the changes. To update the information you provided for a newsletter or other mailing,  please “unsubscribe,” and then “subscribe” to re-submit your information.

You can choose not to receive promotional emails from us by “unsubscribing” using the instructions in any email you receive from us. This will not stop us from sending emails about your account or your transactions with us.

If you have agreed to let us send you text messages, you can withdraw your consent at any time by sending a text to us with the word “STOP”, in response to any text message we send you. We may send you one immediate confirmation text acknowledging receipt of your message.

You can choose to delete or block cookies by setting your browser to either reject all cookies or to allow cookies only from selected Sites. If you block cookies, please note that performance of the Site may be impaired and certain features may not function at all.

Governing Law

By choosing to visit any of our Sites, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of California, without reference to the choice of law or conflicts of law principles thereof, and will be subject to the dispute resolution clause contained in the terms of use applicable to the particular Site. You also agree to abide by any limitation on damages contained in the terms of use applicable to the Site or any other agreement that we have with you.

Changes to This Policy

We reserve the right to make changes to this Privacy Policy at any time, with any such changes to be effective prospectively. The use of information obtained about you is subject to the Privacy Policy in effect at the time of collection, except that your continued use of any of our Sites after any modification of this Privacy Policy will constitute your acceptance of such modification. Please visit this page periodically so that you will be apprised of any such modifications.

Contact Us

If you have any questions about this Privacy Policy, please email us at legal@bjsrestaurants.com, or write to us (and include your email address) at BJ’s Restaurants, Inc., 7755 Center Avenue, Suite 300, Huntington Beach, CA 92647, Attention: Legal Department.

 

UPDATED PRIVACY POLICY

 

BJ’s Restaurants, Inc.
Privacy Policy

Last updated: June 30, 2023

This Privacy Policy applies to all websites and mobile applications (each a “Site”) operated by BJ’s Restaurants, Inc. (“BJ’s”, “we”, and “us”). This Privacy Policy describes how we use, store, and disclose information that we obtain about you through our Sites, including information that we obtain through any promotional program or other service that we provide (in whole or in part) through any of our Sites, such as the BJ’s Premier Rewards Program.

Please read this information carefully before accessing any of our Sites. By accessing any of our Sites, you agree to the terms of this Privacy Policy.

For ease of reference, you may click on any of the following links to jump to one of the topics addressed in this Privacy Policy:

Information Collected About You

Use and Retention of the Information About You

Disclosure of the Information About You

Children

Do Not Track Signals

State Specific Notices

Links to Third-Party Sites

Security Procedures

Access to Your Information and Your Choices

Governing Law

Changes to These Terms

Contact Us

 

Information Collected About You

We collect information about you in a variety of ways through our Sites.

  • Participation in Our Programs. When you register and/or participate in the BJ’s Premier Rewards Program or any other program we may offer, you will be asked to provide certain personal information, such as your name, email address, mailing address, and date of birth or age, as well as to generate a user name and password. As you use your account, we may also collect other information from you, such as which of our restaurants you visit, the points you earn and rewards you redeem, and any preferences you express. You may also periodically be asked for information concerning what you like and do not like (such as your favorite pizza flavor!).
  • Online Purchases. When you make a purchase on one of our Sites, you will be asked to provide information necessary to facilitate the transaction, such as your credit card or debit card number, associated security code, telephone number, billing address, email address, and shipping address.
  • Contests, Sweepstakes, and Other Promotions. We may collect information about you when you participate in a promotion that we sponsor, such as a contest or sweepstakes (which we may sponsor alone or co-sponsor with one or more third parties). To participate in one of our promotions, you may be asked to provide your name and your email address, mailing address and/or other contact information. For some promotions, we may request other information about you as well. Note that your participation will be subject to the official rules of the promotion (as well as this privacy policy and the privacy policy of any co-sponsor).
  • Careers.  If you choose to explore career opportunities at BJ’s by providing information on our “Careers” webpage, you will be asked for contact information as well as information about your employment and educational history and other relevant information. This portion of our Site may be operated by a third-party service provider collecting the information on our behalf.
  • Sign-Up for Emails or Other Correspondence. If you sign up on one of our Sites to receive email communications or other correspondence from us, you may be asked to provide us with your name, email address, and/or mailing address, along with other information related to your subscription or correspondence.
  • Social Networking Activities. Our Sites may include the ability for you and other users to link to various social networking platforms. We may receive information about you when you choose to post or otherwise share information about us on any social networking platform. Note that any information that you or others post to a social networking platform will be accessible by any users of such platform, subject to its terms of service and privacy policy.
  • Usage Data. When you use or access any of our Sites, we may collect certain usage data generated by your activities on the Sites, including your pages viewed, number of bytes transferred, hyperlinks clicked, and other actions you take on our Sites. Each of our Sites may also track the URL that you visited before you come to the Site, the URL to which you next go, and your Internet Protocol (IP) address or mobile device identifier.
  • Cookies and Other Online Information-Gathering Tools. As with most websites, we may employ “cookies,” web beacons, or similar technologies on our Sites to collect and store certain information about usage by visitors to our Sites, to improve our services and advertising, and to help us remember you and your preferences when you revisit our Sites. These technologies may stay on your browser into the future until they expire or you delete them. We also use cookies and similar technologies to remember your purchase selections in your shopping cart. You may set your browser to refuse all cookies or to allow cookies only from selected sites. If you block cookies there may be pages on our Site you will not be able to access. Further general information about cookies and how they work is available at www.allaboutcookies.org.
  • Third-Party Integrated Services. We may incorporate third-party ads and other third-party content on our Sites, and integrate other third-party offerings into our Sites, enabling certain third parties to collect information about you or your online activities across other websites and over time through your use of our Sites. Any information collected through such integrated technologies is collected directly by these third parties for use by such third parties and other authorized parties, subject to the privacy policies of those other parties.
  • Online Inquiries. When you submit an inquiry or otherwise correspond through one of our Sites, you may be asked to provide your name, email address, and/or other personal information to us.
     

Use and Retention of the Information About You

BJ’s and our affiliates may use information collected about you through our Sites for a variety of commercial purposes. Without limitation, we may use such information to:

  • Administer and improve our Sites and businesses;
  • Grow our businesses by delivering a broad range of personalized products and services to you and other customers;
  • Offer our products or services (or those of our affiliates or third parties) that we think you may find of interest;
  • Understand our customers’ preferences and history, and tailor our services and promotional offers accordingly;
  • Respond to inquiries;
  • Process transactions you request and deliver products that you have purchased;
  • Send you promotional and other offers via email and traditional mail, informing you about our products and services and other offerings subject to your choices (please see below);
  • Communicate with you regarding your membership in our BJ’s Premier Rewards Program or other promotional program, and facilitate the functioning of our programs (such as the delivery of rewards); and
  • Conduct other marketing and commercial activities.

We keep the information about you collected through our Sites in compliance with applicable laws and regulations and until we no longer have a business need for retaining it.
 

Disclosure of the Information About You

We may disclose any of the information about you collected through our Sites to unaffiliated third parties in any or all of the following circumstances:

  • When you request or authorize the disclosure;
  • When the information is provided to help complete a transaction for you;
  • When the information is provided to one or more of our agents, outside vendors or service providers to perform functions on our behalf (such as to analyze data, provide marketing assistance, provide customer service, and/or to process orders);
  • When the information is collected by third-party ads, content or technologies integrated with any of our Sites;
  • when the information is provided to one of our partners or other third parties for their own marketing or other commercial purposes;
  • When the information is provided to comply with the law, applicable regulations, governmental and quasi-governmental requests, court orders or subpoenas; to enforce our Terms of Use or other agreements; or to protect our rights, property or safety or the rights, property or safety of our users or others (such as to a consumer reporting agency for fraud protection);
  • When the disclosure is done as part of a purchase, transfer or sale of services, assets, or capital stock (such as in the event that substantially all of our assets are acquired by a third party, in which case customer information may be one of the transferred assets); or
  • as otherwise described in this Privacy Policy.
     

Do Not Track Signals

At this time, our Sites do not support “Do Not Track” preferences that may be available in your browser for letting websites know that you do not want them collecting certain kinds of information. If you turn on the “Do Not Track” setting on your browser, our Sites are not currently capable of following whatever Do Not Track preferences you set. For more information about Do Not Track, visit donottrack.us.
 

Children

Our Sites are not designed to appeal to persons under 13 years old (“children”). We do not knowingly collect or maintain personal information from children through our Sites, except for persistent identifiers that may be collected through children’s sections of our Sites which (as permitted by applicable law) we will use solely to support the internal operations of the Sites. If we learn that any unauthorized personal information of a child has been collected, we will take appropriate steps to delete such information. If you are a parent or guardian and discover that your child has provided any such personal information to us, then you may contact us at the email or mailing address noted at the end of this Privacy Policy below and request that we delete that information from our systems.
 

State-Specific Notices

Your California Privacy Rights (Direct Marketing- Shine the Light Act)

Please note that we may share information collected about you with our affiliates and other third parties for their direct marketing purposes. Under California’s Shine the Light Act, a California resident with whom we have an established relationship has the right to request certain information with respect to the types of personal information that we have shared with third parties for these purposes, and the identities of those third parties, within the immediately preceding calendar year, subject to certain exceptions. All requests for such information must be in writing and sent to us at CaliforniaPrivacyRights@bjsrestaurants.com.

Residents of Utah

We are not subject to the Utah Consumer Privacy Act.  If we become subject to this law we will amend this Privacy Policy accordingly.

Consumer Privacy Notices: Residents of California, Colorado, Connecticut, and Virginia

If you are a resident of California, Colorado, Connecticut, or Virginia, the following provisions may apply to our processing of information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”) subject to the California Consumer Privacy Act of 2018/ Privacy Rights Act, the Colorado Privacy Act, the Connecticut Personal Data Privacy Act, and the Virginia Consumer Data Protection Act (collectively the “Privacy Laws”).

Colorado, Connecticut, and Virginia define a ‘Consumer’ as a resident of the state who is acting in an individual or household capacity, but this excludes state residents who are acting in an employment capacity (as one of our current, former or prospective employees) or in a commercial capacity (as an employee, owner, director, officer, etc. of an entity communicating with us in that context).  As a result, if you reside in one of these states and have interacted with us in an employment or commercial capacity you are not provided the rights described below by the Privacy Laws.

California defines a ‘Consumer’ as any resident of the state regardless of the capacity in which they interact with us.  

For Consumers, the provisions of this section prevail over any conflicting provisions of this Privacy Policy. We adopt this section of our Privacy Policy to comply with the Privacy Laws of and any terms defined in the Privacy Laws have the meaning set forth in the law of your state of residence when used in this section.
 

A. Information Collected, Sources, Purposes for Collection, and Disclosure

1. During the past 12 months, we have collected the following categories of information from the listed sources, used it for the listed business purposes and shared it with the listed categories of third parties.  The categories of information include information we collect from Consumers who visit our website, registered users and any other person that interacts with us either online or offline. This includes California employees, vendors, and suppliers. Not all information is collected about all individuals. For instance, we may collect different information from applicants for employment or from vendors or from customers.

Category of Information collected

Source                     

Business purposes* for use

Categories of third parties receiving information

Identifiers, such as name, Email address, phone number, account, profile, device information, and IP address.

Individuals submitting information to us;
information we automatically collect from site/app visitors;
Information we may receive from third-party marketing and data partners.

Auditing relating to transactions;
security detection, protection and enforcement;
functionality debugging/error repair;
ad customization;
performing services for you;
internal research and development;
quality control.

Service providers (such as payment processors, marketing partners, employee benefits partners);
affiliated companies;
government regulators;
law enforcement;
strategically aligned businesses.

Protected Information , such as user name and password, payment card  or financial account information and employee’s or vendor’s taxpayer ID numbers.  NOTE:  BJ’s stores passwords in an encrypted format and does not have the ability to decrypt.

Individuals submitting information to us;
employment applications;
employees.

Auditing relating to transactions;
security detection, protection and enforcement;
functionality debugging/error repair;
performing services for you.

Service providers (such as payment/payroll processors, accounting and legal professionals, employee benefits partners)

Protected classification information, such as race, gender, ethnicity, religion.

Individuals submitting employment applications.

legal. antidiscrimination and regulatory compliance.

Government regulators when lawfully requested.

Commercial information, such as transaction history, products/services purchased, obtained or considered, product preference.

Individuals submitting information;
information we automatically collect from site/app visitors;
information we may receive from third-party marketing or data partners.

Auditing relating to transactions;
security detection, protection and enforcement;
functionality debugging/error repair;
ad/product customization;
performing services to you;
internal research and development;
quality control.

Service providers (such as payment processors, marketing partners, employee benefits partners),
affiliated companies,
government regulators,
law enforcement,
strategically aligned businesses,

Electronic network activity, such as interactions with our website, mobile application, or advertisements.

Information automatically collected from site/app/ad visitors.

Auditing relating to transactions;
security detection, protection and enforcement;
functionality debugging/error repair;
ad customization;
performing services for you;
internal research and development;
quality control.

Service providers (such as payment processors, marketing partners, employee benefits partners);
affiliated companies;
government regulators;
law enforcement;
strategically aligned businesses.

Audio, video or similar information (customer service calls, security monitoring)

Individuals submitting information;
Information we collect for security purposes.

Auditing relating to transactions;
security detection, protection and enforcement;
performing services for you;
quality control.

Affiliated companies;
government regulators;
law enforcement;
strategically aligned businesses.

Biometrics

Not Collected.

Not Collected.

Not Shared.

Geolocation

Information we automatically collect from site/app visitors.

Auditing relating to transactions;
security detection, protection and enforcement;
functionality debugging/error repair;
ad customization;
performing services for you;
internal research and development;
quality control.

Service providers (such as payment processors, marketing partners, employee benefits partners);
affiliated companies;
government regulators;
law enforcement when lawfully requested;
strategically aligned businesses.

Professional, educational or employment related information

Information submitted by individuals;
information received from third parties in connection with vendor or employment status or applications;
Information we observe in connection with vendor or employment oversight.

Auditing relating to transactions;
security detection, protection and enforcement;
ad customization;
performing services for you;
internal research and development;
quality control.

Service providers (such as payment processors, marketing partners, employee benefits partners);
affiliated companies;
government regulators;
law enforcement;
strategically aligned businesses;

 Non-public  educational information (Federally protected education records directly related to a student maintained by an educational institution)

Not collected

Not collected

Not shared

Sensitive Personal Information (social security, driver’s license, state identification card, or passport number, account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account, precise geolocation, consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership, genetic data, biometric information, health, sex life or sexual orientation.)

Information submitted by individuals;

information received from third parties in connection with vendor or employment status or applications;

information we observe in connection with vendor or employment oversight.

Identity verification;

employment and benefits administration;

vendor oversight;

security detection, protection and enforcement;

to perform services;

compliance with law.

Service providers (such as payment/payroll processors, accounting and legal professionals, employee benefits partners); government regulators when lawfully requested.

Inference from the above (preferences, characteristics, behavior, attitudes, abilities, etc.)

Internal analytics

Auditing relating to transactions;
security detection, protection and enforcement;
functionality debugging/error repair;
ad customization;
performing services for you;
internal research and development;
quality control.

Service providers (such as payment processors, mail houses, marketing partners, shipping partners, employee benefits partners);
affiliated companies;
government regulators;
law enforcement;
strategically aligned businesses)

*More specifically, the business purposes include:

 

1) Performing services for you:

  • To administer or otherwise carry out our obligations in relation to any agreement to which we are a party;
  • To assist you in completing a transaction or order;
  • To assist you in completing a transaction or order;
  • To allow tracking of shipments;
  • To prepare and process invoices;
  • To respond to queries or requests and to provide services and support;
  • To provide aftersales customer relationship management;
  • To create and manage our customer accounts;
  • To notify you about changes to our services and products;
  • To administer any promotion, contest, survey, or competition;
  • To provide you information regarding our products and services,
  • To offer our products and services to you in a personalized way, for example, we may provide suggestions based on your previous requests to enable you to identify suitable products and services more quickly.

 

2) Advertising customization:

  •  For marketing and promotions we believe you may find of interest and to provide you, or allow selected third parties to provide you, with information about products and services that may interest you.

 

3) Auditing relating to transactions, internal research and development:

  • To provide for internal business administration and operations, including troubleshooting, Site customization, enhancement or development, testing, research, administration and operation of our Sites and data analytics;
  • To create products or services that may meet your needs;
  • To measure performance of marketing initiatives, ads, and websites “powered by” another company on our behalf.

 

4) Security detection, protection and enforcement; functionality debugging, error repair:

  • As part of our efforts to keep our Sites safe and secure;
  • To ensure the security of your account and our business, preventing or detecting fraud, malicious activity or abuses of our Sites, for example, by requesting verification information in order to reset your account password (if applicable);
  • To ensure the physical security of our premises through the monitoring of surveillance images;
  • To resolve disputes, to protect the rights, safety and interests ourselves, our users or others, and to comply with our legal obligations.

 

5) Quality control:

  • To monitor quality control and ensure compliance with our legal obligations, codes and ordinances, policies and procedures,
  • To develop and improve our products and services, for example, by reviewing visits to the Sites and various subpages, demand for specific products and services and user comments.

 

2.  Disclosing Personal Information in a Sale Arrangement

 We do not sell your information for monetary consideration but we may transfer your information to a third party that provide us with services such as helping us with advertising, data analysis and security, which may fall under the definition of for “other valuable consideration” which may be considered a ‘sale’ under some of the Privacy Laws. During the past 12 months we disclosed Identifiers, Electronic Network Activity with third party advertising, security and data analysis providers for a business purpose which falls within the definition of a ‘sale’.

 

3. Sharing Personal Information for Cross-Context Behavioral (Targeted) Marketing.

Sharing Consumer personal information means making it available to a third party so that they can use it to display targeted or cross-context behavioral advertisement to you. Cross-context behavioral or targeted advertising means that we display an advertisement to you that is selected based on personal information about you that we obtained or inferred over time from Consumers’ activities across other companies’ websites, applications or online services that we use to predict Consumers’ preferences or interests.  Targeted advertising does not include using Consumers’ interactions with us or information that Consumers provide to us to select advertisements to show them. In the preceding twelve (12) months, we have shared the following categories of personal information of non-minors with third parties for behavioral or cross context or targeted advertising. Identifiers, Commercial Information, Electronic network activity information, Geolocation.

 

4. Processing and Disclosing Sensitive Personal Information

We collect, process and disclose Sensitive Personal Information for the purposes disclosed above or at the time we collect this information.  We do not process or disclose this information for purposes other than the purpose for which it was originally collected or as permitted by law.  We use and process Sensitive Personal Information to comply with laws such as anti-discrimination laws and disability accommodation law. 
 

B. Consumers’ Rights and Choices.

The Privacy Laws provide Consumers in California, Colorado, Connecticut, and Virginia with specific rights regarding their personal information.

This section describes Consumers’ rights under the Privacy Laws, explains how to exercise those rights, and provides information about the response timing and format and your rights to appeal our decisions.
 

1.  Access to Information and Data Portability Rights

Consumers have the right to request that we disclose certain information upon request about our information collection and disclosure practices. Consumers also have the right to request a copy of the specific pieces of personal information we collected about you. You may make these requests up to twice in a 12 month period.  Once we receive and confirm your verifiable Consumer request, we will disclose to you:

  • The categories of personal information we collected about you, the sources of the information, our business or commercial purpose for collecting the information and whether the information was disclosed for a business purpose, shared or sold.
  • The categories of information we disclosed for a business purpose and the categories of information we sold or shared during the prior 12 months along with the categories of recipients of such information.
  • The specific pieces of personal information we collected about you during the prior 12 months, or, at your option, since January 1, 2022. Please note that this disclosure will not include data generated to help ensure security and integrity or as prescribed by regulation. We will endeavor to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy to your registered account, if you have registered an account with us.
     

2.  Consumers’ Deletion Request Rights

Consumers have the right at any time to request that we delete any of their personal information that we collected from them and retained, subject to certain exceptions. Once we receive and confirm a verifiable Consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. Please understand that the Privacy Laws permit us to retain certain information and not to delete it under certain circumstances.  By way of example, we are not required to comply with a request to delete information if the information is necessary for us to complete a transaction for you or otherwise perform a contract; to detect, protect against, or prosecute security incidents, fraud or illegal activity; to use the information only internally in ways reasonably aligned with your expectations as our customer (such as maintaining sales records), and to comply with legal obligations. If we receive such a request from you we will notify any service providers we have engaged to delete your information as well.
 

3.  Consumers’ Information Correction Rights

Consumers have the right at any time to request that we correct information that we hold which is inaccurate.  We will require that you provide information about yourself so that we can verify your identity before we can make any change in the information we hold about you and we will use commercially reasonable efforts to make the requested corrections.  In some cases, for instance if you have an account with us, you can update your information by logging into your account. 
 

4. Consumers’ Opt-Out Rights

  • Do Not Sell My Personal Information.  If you are 16 years of age or older, you have the right at any time to direct us to not sell your personal information. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
  • Do Not Share My Personal Information.  Consumers have the right at any time to opt out of having your personal information shared with others for cross-context or behavioral advertising purposes and having their information used for targeted advertisements.  When Consumers opt out we will not share their personal information with others that they can use to send the Consumer targeted advertisements and we will not use information we obtain over time from Consumers’ activities with third party companies to show advertisements.  We can still use information that we receive from your interactions with us to select advertisements we think may be of interest to you.
  • Limit Processing of Sensitive Personal Information.  Consumers have the right at any time to tell us not to process or disclose Sensitive Personal Information for any purpose other than the purposes permitted by the Privacy Laws. We will ask for your express consent where required by Privacy Laws before processing your Sensitive Personal Information. Examples of permitted purposes include processing and disclosing Sensitive Personal Information to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services, to prevent, detect, and investigate security incidents that compromise the availability, authenticity, integrity, or confidentiality of stored or transmitted personal information, to resist malicious, deceptive, fraudulent, or illegal actions directed at the business and to prosecute those responsible for those actions, to ensure the physical safety of natural persons, for short-term, transient use, provided that the personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business, to verify or maintain the quality or safety of products or services that we own or control, and to improve, upgrade, or enhance such products or  services, to collect or process sensitive personal information where such collection or processing is not for the purpose of inferring characteristics about a consumer.  We only process Sensitive Personal Information for the purposes permitted by Privacy Laws.
     

C. Exercising Consumer Rights and Our Responses

We are required by the Privacy Laws to verify requests from Consumers.  We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. We will only use personal information provided in a verifiable Consumer request to verify the requestor’s identity or authority to make the request. 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. We will not discriminate against you as a result of your exercise of any of these rights.

1. Access, Portability, Correction and Deletion.  In order to make a request for access, portability, correction, or disclosure Consumers may contact us by calling us toll-free at 1-833-280-0707  or by visiting our Consumer Request Page. We will ask you for information that allows us to reasonably verify your identity (that you are the person about whom we collected personal information) and will use that information only for that purpose. We may request that you submit a signed statement under penalty of perjury that you are the individual you claim to be.  We will acknowledge receipt of your request within 10 days and will endeavor to respond within forty-five days of receipt of your request, but if we require more time (up to an additional forty-five days) we will notify you of our need for additional time.

You may make a request for disclosure of our information collection practices, our information disclosure practices, and data portability up to twice within a 12-month period.  You may make a request to correct or delete your information at any time.

For requests for data portability we will endeavor to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy to your registered account, if you have registered an account with us.

For requests for deletion of your information please understand that the Privacy Laws permit us to retain certain information and not to delete it under the circumstances described above. 
 

2. Opt-Out Rights.  To opt out of the sale of your personal information, the sharing of your personal information, or to ask us to limit processing of your Sensitive Personal Information, you  may submit a request to us by clicking the following appropriate link: “Do Not Sell or Share My Personal Information"  or “Limit Sensitive Information Processing”.  You may also call us toll free at 1-833-280-0707. You may make Opt Out requests at any time.

You may also opt out by activating a user-enabled global privacy control, such as a browser plug-in or privacy setting, device setting, or other mechanism, that communicates or signals your choice to opt-out of the sale and sharing of personal information. When we receive such a signal we will stop setting third party, analytics, or advertising partner cookies on your browser.  This will prevent the sale or sharing of information relating to that specific device through cookies to our advertising or analytics partners. This option does not stop all sales or sharing of your information because we cannot match your device’s identification or internet protocol address with your personally identifiable information like your name, phone number, email address or ZIP Code.  If you delete cookies on your browser, any prior do not sell or do not share signal is also deleted and you should make sure that your user-enabled setting is always activated.

We will comply with your Opt Out request promptly, and at least within 15 business days. Once we receive your request we will wait at least 12 months before asking you to reauthorize personal information sales or sharing.
 

3. Using an Authorized Agent. You may submit a request through someone holding a formal Power of Attorney.  Otherwise, California Consumers may submit a request using an authorized agent only if (1) you provide the authorized agent with written permission to make a request and (2) you verify your own identity directly with us.  We will require the agent to submit proof to us that they have been authorized to make requests on your behalf.
 

D. Retention of Personal Information

We will store Consumer personal information in a form which permits us to identify Consumers, for as long as necessary for the purpose for which the personal information is processed.  We may retain and use such personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements and rights, or if it is not technically reasonably feasible to remove it. We retain information Consumers provide in connection with requests made under the Privacy Laws for a period of two years.
 

 E. Appealing Denied Requests

If we have denied your Consumer request you have the ability to file an appeal with us.  To file an appeal with us, either please email us at legal@bjsrestaurants.com, or write to us (and include your email address) at BJ’s Restaurants, Inc., 7755 Center Avenue, Suite 300, Huntington Beach, CA 92647, Attention: Legal Department.

We will respond to you in writing within 45 days explaining the reasons for our decisions.  If we deny your appeal you can contact your state Attorney General at:

Colorado residents:

Office of the Attorney General
Colorado Department of Law
Ralph L. Carr Judicial Building
1300 Broadway, 10th Floor
Denver, CO 80203
(720) 508-6000

Connecticut residents:
Office of the Attorney General
165 Capitol Avenue
Hartford, CT 06106
860-808-5318

Virginia residents:
Office of the Attorney General
202 North Ninth Street
Richmond, Virginia 23219
(804)786-2071

California residents (not available)
 

Links to Third-Party Sites

There may be links on our Sites that will take you to third-party sites. Please be aware that we do not control any such third-party sites, and we are not responsible for the contents of any third-party site or any link contained in such a site. The inclusion of any link on one of our Sites does not imply endorsement of the third-party site. The use and privacy practices of the operator of any third-party site as to any information you provide is in no way subject to this Privacy Policy. Each third-party site may have its own policy that could differ considerably from our Privacy Policy, or the third-party site may not display any privacy policy at all.

Security Procedures

We use reasonable technical, administrative and physical measures to protect information contained in our systems against misuse, loss or alteration. We use encryption technology to protect all information being transferred to our site and additional encryption technology to protect sensitive information that we store. Please note, however, that no method of electronic transmission or storage is 100% secure. If we receive instructions using your log-in information, we will assume that you have authorized such instructions, so please keep your user name and password secure.

Access to Your Information and Your Choices

If you have registered for an account on any of our Sites, you have the ability to edit certain personal information you have provided to us by logging into your account and making the changes. To update the information you provided for a newsletter or other mailing,  please “unsubscribe,” and then “subscribe” to re-submit your information.

You can choose not to receive promotional emails from us by “unsubscribing” using the instructions in any email you receive from us. This will not stop us from sending emails about your account or your transactions with us.

If you have agreed to let us send you text messages, you can withdraw your consent at any time by sending a text to us with the word “STOP”, in response to any text message we send you. We may send you one immediate confirmation text acknowledging receipt of your message.

You can choose to delete or block cookies by setting your browser to either reject all cookies or to allow cookies only from selected Sites. If you block cookies, please note that performance of the Site may be impaired and certain features may not function at all.

Governing Law

By choosing to visit any of our Sites, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of California, without reference to the choice of law or conflicts of law principles thereof, and will be subject to the dispute resolution clause contained in the terms of use applicable to the particular Site. You also agree to abide by any limitation on damages contained in the terms of use applicable to the Site or any other agreement that we have with you.

Changes to This Policy

We reserve the right to make changes to this Privacy Policy at any time, with any such changes to be effective prospectively. The use of information obtained about you is subject to the Privacy Policy in effect at the time of collection, except that your continued use of any of our Sites after any modification of this Privacy Policy will constitute your acceptance of such modification. Please visit this page periodically so that you will be apprised of any such modifications.

Contact Us

If you have any questions about this Privacy Policy, please email us at legal@bjsrestaurants.com, or write to us (and include your email address) at BJ’s Restaurants, Inc., 7755 Center Avenue, Suite 300, Huntington Beach, CA 92647, Attention: Legal Department.