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PANDA RESTAURANT GROUP, INC. PRIVACY POLICY

LAST UPDATED: DECEMBER 31, 2019

The following statement discloses the privacy practices of Panda Restaurant Group, Inc., and its affiliates, subsidiaries and related entities including, but not limited to Panda Express, Panda Inn, Wasabi, Yakiya, and Hibachi San locations owned and operated by us (collectively, “Panda” or “we” or “us”). We respect your privacy and are committed to protecting it through our compliance with this policy. This policy describes the types of information we may collect from you or that you may provide through various channels such as our websites, mobile apps, visiting our stores and other interactions (collectively “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. By using our Services, you agree to this Privacy Policy, the Legal Statement and all applicable laws governing its use. Be sure to check this page periodically for updates, as your continued use of the Services signifies your acceptance of any changed terms. Panda reserves the right to revise this Privacy Policy at any time and without notice. Any such revision will be effective immediately upon its posting on this website.


Information Collection

We collect several types of information from and about users of our Services. Information collected may include contact information, demographic information and opinions, including information by which you may be personally identified, such as name, postal address, e-mail address, user ID, telephone number, payment information or any other identifier by which you may be contacted online or offline ("personal information"). This includes information provided when you enter a contest or promotion sponsored by us, when you report a problem with our Services, if you contact us or if you respond to surveys that we might ask you to complete for research purposes. Some information collected is about you but individually does not identify you, such as your age, occupation or place of residence and about your internet connection, the equipment you use to access our Services, and usage details. We collect this information directly from you when you provide it to us, automatically as you navigate through the site or from third parties, for example, our business partners.


Information You Give

The information we collect on or through our Services may include information that you provide by filling in forms on our website, participating in surveys, sweepstakes, or other programs. You may provide financial information if you visit our restaurants.

You may also permit us to access information directly from your device, such as information in the “contacts list". If you submit someone else’s personal information to us (e.g., someone else’s contact information), you represent that you are authorized to provide this information to us.

In the "Careers" section of our websites we have an employment application. The completion of this form is voluntary, and all information collected is routed to Human Resources in the form of an e-mail or hiring/recruiting website. Information you submit online through this website may be shared by and among Panda and its subsidiaries and affiliates. We protect the confidentiality of such information sent to Panda.


Information Collected Automatically

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including but not limited to details of your visits to our website, like traffic data, location data, logs, and other communication data and the resources that you access and use on the website. We may collect personal information via your cell phone, smartphone, and tablet such as your internet connection, including your IP address, operating system, and browser type. If you use any location-enabled products, you may be sending us location information. Panda does not store or use this information other than to provide the service you requested. For example, a mobile product may use GPS data to find a nearby restaurant you requested. Location-enabled features are opt-in and you have control over your participation and can turn these services off at any time.

The technologies we use for this automatic data collection may include:

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 website. 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 website.

Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our website. Flash cookies are not managed by the same browser settings as are used for browser cookies.

Web Beacons. Pages of our the website 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 and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).


Information Collected from Third Parties

Panda uses a variety of new technologies and social media options to communicate and interact with you. We do occasionally provide links to third party websites on our websites. These websites and mobile applications include popular social networking and media sites, such as, Instagram, Twitter and Facebook. We add these links to provide further information and enjoyment of your web experience from our websites. Panda tries to thoroughly review the websites we link to; however, we are not responsible and have no control over the content, privacy practices, policies or information collection practices of those pages. These websites may use their own cookies or solicit personally identifiable information from you. Panda does not capture or store your login information or other personal information for these services, however session info or cookies may be stored.

You may opt-out of the use of the Google Analytics advertising features at https://tools.google.com/dlpage/gaoptout. For more information regarding how Google collects, uses and shares your information please visit http://www.google.com/policies/privacy/partners/.

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.


Use of Information

We will not sell the information to any unaffiliated third parties in any way not described in this statement, or authorize any of our third party partners to sell any such personal information. We only gather personal information as disclosed in this policy. We do not explicitly authorize third parties unaffiliated with Panda to make independent use of your information for their own purposes, such as for direct marketing.

We may at any time administer surveys, hold contests, or supply special offers to our database of users who have elected to let us contact them by e-mail, text messaging, direct messaging, or through social media. Participation in any of these on-line programs is voluntary, and you will always have the option to not supply information and/or opt out of programs. Information may be used by third parties working on our behalf to respond to a request or contact a guest if they have won a contest, send special offers, or help us to determine the likes and preferences of consumers to better enhance our food, restaurants, overall customer experience, websites, and marketing. We do not make any of the information collected available to third parties other than solely on our behalf.

The information collected may be combined with other information collected about you and may be used to help us better understand and serve our customers including, without limitation to, responding to your requests for information and/or services, providing you with information about new products or services, enhancing our customers’ and website users’ experiences in our restaurant locations or on this website and conducting research and analysis and to otherwise measure the effectiveness of Panda’s online and offline marketing efforts.

We may use the information we collect about you to:

  • Process your purchases of or requests for our products and services;
  • Communicate with you about orders, purchases, accounts, services, contests, and sweepstakes;
  • Respond to your customer service inquiries and requests for information;
  • Inform you about our brands, products, events, or other promotional purposes;
  • Maintain, improve, and analyze our websites, mobile applications, ads, and the products and services we offer;
  • Detect, prevent, or investigate security breaches, fraud or other crime;
  • Maintain appropriate records for internal administrative purposes;
  • Deliver gift cards in accordance with your instructions; and/or;
  • Comply with applicable law.

Sharing of Information

We may share your information between and among Panda, its subsidiaries, franchisees, licensees, lenders, affiliated companies, investors and/or third party service providers. Panda may share your information with vendors who provide services to us, such as fulfilling orders, managing promotions, contests, and sweepstakes, and carrying out research and analysis. We may share your information for marketing purposes. If we decide to sell or transfer all or part of our business, we may share your information to anyone involved in the sale or transfer. Panda may share your information when it does not directly identify you. For example, we may share anonymous, aggregated statistics about your use of our online services. We may share your information as necessary if required by law, to bring or defend legal claims, or to protect the rights, interests, safety and security of our organization, our employees or partners, or our customers.


Age Restrictions

We love having your children visit our websites with you however, child privacy law states you cannot provide us with personal information if you are under the age of 13. If you do provide us with personal information, you represent that you are at least 13 years old. We ask that parents register any Panda Cards purchased for their children in the name of the parent or guardian. We do not knowingly request, solicit or collect personal information from any person we know to be under the age of 13. In the event that we receive actual knowledge that we have collected or received personal information from anyone under the age of 13, we will immediately delete that information from our database as soon as practicable. If a parent or guardian becomes aware that his or her child has provided personally identifiable information or otherwise made posts to this website, the parent or guardian should contact us so that we can delete such information.


Controlling Your Personal Information

We will use reasonable efforts to keep your personal information private except as otherwise provided in this Privacy Policy. We will not share the personal information with any unaffiliated third parties, unless such disclosure is necessary to (a) comply with a court order or other legal process, (b) protect your rights or our property; or (c) enforce the Legal Statement of this website. You can also request access to, correct or delete any personal information that you have provided to us. You can control your personal data that Panda has obtained, and exercise your data protection rights, by contacting Panda at the following link: Here. Although we take reasonable measures to safeguard against unauthorized disclosures of personal information, we cannot assure you that personally identifiable information that we collect will only be disclosed in a manner that is consistent with this Privacy Policy.


California Privacy Rights

Your Rights Under the CCPA

Consumers residing in California are afforded additional rights with respect to their personal information under the California Consumer Privacy Act (“CCPA”) (California Civil Code Section 1798.100 et seq.). If you are a California resident, this section applies to you.

If you are a California resident, you have the following rights as to Panda under the CCPA:

  • Right to request disclosure of information that we collect, use, disclose or sell.
  • Right to request deletion of your personal information collected or maintained by us.

You also have the right not to receive discriminatory treatment for exercising these CCPA rights. Panda does not and will not discriminate against you for doing so.

Panda does not and will not sell your personal information and does not sell personal information of minors under 16 years old.

Exercising Your CCPA Rights

To make a request to know or a request to delete, you may submit your requests by one of the following methods:

  • Contact us here
  • Call us at (800) 877-8988

Authorized Agents

If you would like to use an authorized agent registered with the California Secretary of State to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests on your behalf.

Notice at Collection

In the preceding 12 months, we have collected the following categories of personal information:

  • Identifiers, such as name, postal address, e-mail address, user ID, telephone number, and IP address
  • Payment information, such as credit card number
  • Employment related information, such as occupation
  • Internet or other electronic network activity information, such as browsing history or device information
  • Geolocation, such as when you use your Panda app to find nearby restaurant
  • Demographic information, such as age, sex, income level, ethnicity, employment, location, and level of education

We collect personal information for the business and commercial purposes, including but not limited to:

  • Counting ad impressions to unique visitors
  • Verifying positioning and quality of ad impressions
  • Maintaining or servicing accounts
  • Responding to customer service inquiries and requests
  • Processing purchases, payments and transactions
  • Verifying customer information
  • Advertising or marketing
  • Maintaining, improving, upgrading, and enhancing our websites, mobile apps, products and services
  • Providing our food, products, goods, information and services
  • Detecting, preventing and investigating security incidents, data breaches, fraud, or other illegal activity
  • Internal administrative purposes;
  • Delivering gift cards
  • Complying with applicable law

As noted, we do not and will not sell your personal information. This is our privacy policy, the web address for which is http://www.yakujo.com/legal#privacypolicy.

Notice of Financial Incentive

We may at any time hold contests or provide special offers to users in our database who have elected to let us contact them by e-mail, text messaging, direct messaging, or through social media. Participation is voluntary, and our guests always have the option to not supply information and/or to opt out. Information collected may include contact information, demographic information and opinions. Information may be used by third parties working on our behalf to contact a guest if they have won a contest, send special offers, or help us to determine the likes and preferences of consumers to better enhance our food, restaurants, overall customer experience, websites, and marketing. The contests and special offers reasonably related to the value of the consumer’s data.


Contact Us

If you have a privacy concern, complaint, or question about our Privacy Policy, please contact us to change how we use your information. You may contact us via Panda Express Guest Care, P.O. Box 1159 Rosemead, CA 91770, GuestService@pandarg.com, via our toll-free number: (800) 877-8988 or by clicking here. We will respond to questions or concerns within 10 days.


Arbitration

By using our Services you agree to have any dispute, controversy or claim arising out of, relating to or in connection with this Privacy Policy, including the breach or validity thereof, shall be exclusively resolved by final and binding arbitration in accordance with the rules of the American Arbitration Association (the “AAA”). Each party expressly gives up any rights it may have to have such dispute, controversy or claim litigated in a court or by a jury trial. Any party may commence arbitration by sending a written demand for arbitration to the other party. Such demand shall set forth the nature of the matter to be resolved by arbitration. Arbitration shall be conducted at Los Angeles, California. The arbitrator shall decide the matters submitted based upon the evidence presented, the terms of the Agreement and the laws of the State of California. The issue a written award which shall state the bases of the award and include detailed findings of fact and conclusions of law. The United States District Court for the Central District of California may enter judgment upon any award. The parties shall share equally all costs of arbitration. The parties agree to arbitrate solely on an individual basis, and that this Privacy Policy does not permit class arbitration, or any claims brought as a plaintiff or class member in any class or representative arbitration or litigation proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of this Section will remain in force.

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