Privacy and legal

Bob Evans Restaurants, LLC Privacy Policy

Last Updated and Effective as of: February 21, 2024

Bob Evans Restaurants, LLC (“Company”, “we”, “our” or “us”) understands that privacy is important to our visitors. We have created this Privacy Policy in order to demonstrate our commitment to your privacy. This Privacy Policy describes the information we collect in person, through our websites, microsites, or mobile sites that expressly adopt, display, or link to this Privacy Policy, including www.bobevans.com, http://careers.bobevans.com, https://bobevans.cashstar.com/ and https://bobevans-biz.semi.cashstar.com/ (collectively, the "Website"), through our mobile application (our “App”), or through the social media pages we operate on Facebook, Instagram, Twitter, and other social media platforms (“Social Media Pages”). The services we provide, including through our Website and App, are collectively referred to herein as our “Services”.

Information We Collect

While using our Services, you may provide us with certain information including:

  • Device Information: When you visit our Website or App, interact with our Social Media Pages or online ads, or open our emails, we automatically learn about your browser, device type, IP address, internet service provider, and other technical information about your device.

  • Location Information: We use various technologies to learn your geographic location when you use our Website or App, including by collecting your IP address and other device information, which may depend on your device’s settings for location services.

  • Website and App Activity: We collect information about your interactions with our Website and App including the pages of our Website and App that you visit, the time and date of your visit, the time spent on those pages, unique device identifier, links clicked, buttons clicked, mouse movement, scroll behavior, and other diagnostic data. This information may then be used to replay your interaction, which may be used to troubleshoot Website or App issues, either individually or in the aggregate, to improve Website and App functionality and to analyze user interaction. This information could include personal data, depending on what information you provide.

  • Contact Information: We may collect your contact information, such as your first and last name, email address, phone number, address, state, province, ZIP/Postal code, and city.

  • Demographic Information: We have access to demographic details about our customers such as birthdate, gender, ZIP code, and other similar details.

  • Employment Information: If you apply for employment, we have access to the content you provide such as your resume, cover letter, and any information contained therein.

  • Financial Information: Your payment details can be collected and stored in connection with an order, return, promotion, contest, or fundraising event.

  • Call and Email Records: If you call or email us, we may keep records of those conversations.

  • Social Media Information: If you decide to register through or otherwise grant us access to your social media account, we may collect information that is already associated with your social media account, such as your name, your email address, your activities or your contact list associated with that account. You may also have the option of sharing additional information with the Company through your social media account. If you choose to provide such information, duringregistration or otherwise, you are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

  • Content you Submit: We collect any content you submit to our Website, App, Social Media Pages, or to us in person.

How We Collect Your Information

We may collect the information described above directly from you, from third parties we partner with, or through cookies or other automated means. These sources may include:

  • You: We collect information directly from you, whenever you: visit our Website or App; contact us with questions or comments; engage our Services; purchase a gift card; respond to a contest, survey, sweepstake, or other promotion; upload content to our Website, App, or Social Media Pages; complete forms for or provide information in connection with a job application; or fill out any forms on our Website, App, or Social Media Pages.

  • Your device or browser: Certain information is automatically collected from your device or browser and analyzed when you visit our Website or App, interact with our Social Media Pages or online advertising, or open our emails.

  • Third parties: We work with third parties who provide services to us, like analytics or advertising companies. These third parties share information they have collected with us. Your information may also be collected and processed by third parties, such as the payment providers you select, who will process your information independently in accordance with their own privacy notices.

  • Social media platforms: Social media platforms share certain information with us. You can learn more about how social media platforms collect and use your information by reviewing their privacy policies and settings.

  • Cookies: We use cookies (small data files stored on your device or browser) and other similar technologies to automatically collect information when you visit our Website or App or interact with our emails. Through the use of cookies, we may link information about your interactions with our Website, App, or emails over time. Any information collected by us or by third parties through the use of cookies or similar technologies may be linked with other information we collect about you. For more information, see Cookies and Similar Technologies, below.

Use of Your Information

We may use your information in the following ways:

  • To provide and maintain our Services: To operate the Website or App, provide our Services to you, promote and market our Services, communicate with you about our Services, and provide you with information or Services that you have requested.

  • For the performance of a contract: To perform a contract that we have with you or otherwise process your orders.

  • To contact you: To contact you by email, telephone, or other forms of electronic communication regarding updates, marketing communications, or other informative communications related to our Services or to respond to specific queries you may raise regarding our Services.

  • For advertising: We may use your information to present advertising online and via email, or other communication channels, including through partnerships with social media platforms and internet search engines.

  • For business transfers: We may use your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which case information held by us about our Service users is among the assets transferred.

  • To process job applications: To review and process any application you submit for employment.

  • For security: Protecting the Company and our Service users from fraud, security threats, and other illegal or harmful activity. We and our third party service providers may disclose specific individual information if we or they reasonably believe it is necessary to: (i) investigate any suspected misuse of the Services; (ii) protect or defend the rights, property and interests of the Company, our Website or App users, or the interests of our third party service providers; or (iii) under exigent circumstances, to protect the personal safety of users of our Website or App or the public.

  • For legal obligations: To comply with legal and regulatory requirements and responding to requests from courts or other government bodies.

  • For other purposes: We may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, marketing and your experience.

Sharing of Your Information with Third Parties

We may share your information in the following situations:

  • With our affiliates: We may share your information with our group companies and affiliates in order to provide Services to you.

  • With service providers: We partner with third parties to assist with many aspects of our business, including our service providers who help us communicate with you. These third parties may provide services related to any of the purposes described in Use of Your Information and we may share with them any types of information described in Information We Collect. We may also receive information collected by these third parties and combine it with the information we have collected. Some of these third parties may be located outside the United States. Your information may also be collected and processed by third parties who will process your information independently in accordance with their own privacy notices.

  • For business transfers: We may share or transfer your information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.

  • With marketing providers: We partner with third parties to assist with the advertising and marketing of our business. We may share with them the types of information described in Information We Collect. We may also receive information collected by these third parties and combine it with the information we have collected.

  • For legal compliance: We will disclose information about you, including to government bodies or law enforcement agencies, when we reasonably believe we are required by law or legal process, and in order to investigate, prevent, or take action regarding suspected or actual unlawful or otherwise prohibited activities, including, but not limited to, fraud, harassment or other violations of law or the policies of the Website or App.

  • With your consent: We may disclose your information for any other purpose with your consent.

For the avoidance of doubt, non-personal or aggregate information may be shared with any number of parties, provided that such information shall not specifically identify you.

Cookies and Similar Technologies

We may store some information on your device or device hard drive as a “cookie” or similar type of file (such as clear gifs, web beacons, tags, and similar technologies that work on mobile devices) to collect data related to usage of the Website or App and for the purpose of facilitating and enhancing your communication and interaction with the Website and App. Such data may include, without limitation, the address of the websites you visited before and after you visited the Website, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Website or App you visit and what links you clicked on. We use this information to help us maintain and enhance the efficiency and usefulness of the Website and App and may use it for the purposes described in this Privacy Policy, such as to serve targeted advertising to you.

We may also use and place cookies on your device from our third-party service providers in connection with the Website, such as an analytics provider that helps us manage and analyze Website usage. We use session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. Our persistent cookie remains active on your hard drive for up to 20 minutes. We set a persistent cookie to enable us to track and target the interests of users to enhance the services we provide.

If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website or some of its functionality may be affected. Please be advised that certain third parties that are beyond the scope of this Privacy Policy, such as advertisers, may collect information in connection with the Website. We are not responsible for the acts or omissions of such third parties.

We may also collect and use clickstream data, which can tell us the type of device and browsing software you use and the address of the website from which you linked to the Service.

Texting Policy

If you elect to receive marketing and support text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing, promotional, and support text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. Message frequency varies. This service is optional, and your consent is not a condition for purchase. You can opt out of receiving any further Text Messages from this program at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email bobevansguestrelations@bobevans.com. Your mobile providers’ message and data rates may apply to our confirmation Text Message and to all subsequent Text Messages according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any text

messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text Messages, you may not receive our Text Messages. Neither we nor the wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with this Privacy Policy to contact you and to provide the services you request from us.

Your Privacy Choices

You can control the information we collect and use in the following ways:

  • Interest Based Advertising: We may ourselves, or with third party vendors, use your information to deliver targeted advertising to you when you visit our Website or other websites. Cookies, clickstream data, and other similar technologies described in this Privacy Policy may be used in this process. We believe that interest based advertising (also known as behavioral advertising) is helpful because you will see advertisements that are relevant to your interests. However, if you would like to opt out of these interest-based advertisements, the online advertising industry provides a service through which you may opt-out of receiving targeted ads from certain data partners and other advertising partners that participate in self-regulatory programs. We comply with the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance (DAA). You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers.

  • Cross Device Matching: We may use your information to facilitate cross-device association. We or our third party vendors analyze device activity data using a mathematical tool known as a “probabilistic algorithm” to determine if you have interacted with content across multiple devices and to match such devices. In connection with this analysis, we may rely on information (including demographic, geographic and interest-based data) from third parties such as data vendors, pursuant to their own privacy policies or we may use the information we collect in conjunction with such third party data. Based on this data, we may then display targeted advertisements across devices that we believe are associated and may provide other services to our advertisers such as tools, analyses, data and insights to see how their website or mobile applications are used and to further enable the display of targeted advertisements to you, including across your devices. For further instructions on restricting our use of certain cross-device data, please email bobevansguestrelations@bobevans.com.

  • Marketing Emails: To opt-out of any future email promotional messages from us, you should send an unsubscribe request to us at bobevansguestrelations@bobevans.com. We will process your request within a reasonable time after receipt. However, we are not responsible for removing your information from the lists of any third party who has previously been provided with your information in accordance with this Privacy Policy or your consent.

  • Google Analytics: Depending on your location, we may utilize Google Analytics. You can opt out of Google Analytics across all websites you use. To do so, visit this website.

  • Cookies: As noted above, you may opt-out of or restrict the placement of cookies on your device or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on many mobile devices. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings.

Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities. To be clear, cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device. However, once you have opted out on one device (“Opted-Out Device”), we will not use any new data from the Opted-Out Device to identify you on another device for interest-based advertising purposes and we will not use data from another device for interest-based advertising purposes on the Opted-Out Device.

Do Not Track

Please note that we do not respond to or honor “do not track” (a/k/a/ DNT) signals or similar mechanisms transmitted by web browsers.

Security

We have undertaken and will undertake commercially reasonable efforts designed to prevent unauthorized access to user data retained in our servers, however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online.

Data Retention

We will retain your information for as long as needed to provide you with our Services and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use aggregate or anonymous data previously collected. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

Other Websites, Apps and Services

As a convenience to you, we may provide links to third party websites, apps or services from within the Website or App. We are not responsible for the privacy practices or content of these third party sites, and by providing a link we are not endorsing or promoting such third party sites. When you link away from our Website or App, you do so at your own risk. We encourage you to read the policies and terms of every website, app or service you visit.

Social Networking Services

The Website and App may integrate with social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Website or App, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.You should be aware that information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable tocontrol such uses of your information, and by using such services you assume the risk that the information provided by you may be viewed and used by third parties.

Information Relating to Children: Children’s Privacy

Our Website and App are not intended for children under 16. No one under 16 should share any personal data with us through the Website or App. We do not knowingly collect any personal data from children under 16 on our Website or App. To request deletion of personal data relating to a child under 16, please email bobevansguestrelations@bobevans.com.

Changes to Privacy Policy

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time. However, if at any time in the future we plan to use your information in a way that materially differs from this Privacy Policy, we will post such changes here or email you. We encourage you to periodically review the Website and App for the latest information on our privacy practices. You are bound by any changes to the Privacy Policy when you use the Website or App after such changes have been first posted.

U.S. Privacy Rights

Certain U.S. states afford residents rights with respect to their Personal Data. The rights described herein are subject to exemptions under applicable law. For purposes of this section, the term “Personal Data” includes both “Personal Information” and “Personal Data” as defined by applicable law.

If your Personal Data is subject to a privacy law in your state, you may have certain privacy rights with regard to that information. You may have the right to:

  • Know, access, and confirm your Personal Data.

  • Delete the Personal Data we have about you, subject to exceptions under applicable law.

  • Correct inaccuracies in your Personal Data.

  • Obtain your Personal Data in a portable and readily usable format.

  • Opt-out of the use or processing of your Personal Data for profiling or targeted advertising.

  • Opt-out of the sale or sharing of your Personal Data.

Under certain state laws, you may also have the right not to receive discriminatory treatment for the exercise of any of these privacy rights. We will not discriminate against you because you have exercised any of your rights.

Certain state laws may also provide you the right to appeal our decisions regarding your rights requests if we do not respond to your requests or do not take action regarding your requests. Additionally, if you are a resident of the state of California, you may have a right to pursue legal action for improper handling of your Personal Data.

How to Submit a Request

If you wish to exercise the rights listed above, and are a resident of a state that provides such privacy rights, you may submit a request by emailing bobevansguestrelations@bobevans.com, or by calling us toll-free at 1-866-616-6464. We will provide your Personal Data to you in writing in a readily usable format. If you choose to submit your request via email, you must include “Privacy Rights Request” in the subject line and clearly provide us with the following information: what type of request you are making, your full name, email address, and valid physical address. You may only make one request per email.

We are required to provide you with access to your Personal Data or delete your Personal Data only in response to verifiable consumer requests. We will compare the information you provide to us in your request to any information we may have in our possession in order to verify your request. You may be asked to provide us with information such as your home address, email address, and telephone number. We may also contact you to request additional information in relation to your request. Please promptly respond to any follow-up inquiries so that we may verify your identity. If you request that we provide you with specific pieces of information about you, or that we delete sensitive Personal Data, we may apply heightened verification standards than what we would apply to other types of requests. The information you provide must match the information we have in our possession. This measure is in place to help ensure that Personal Data is not disclosed to any person who does not have the right to receive it. The information collected through this process will be used for verification purposes only.

Authorized Agent

Please note that you may authorize an agent to exercise any of these rights on your behalf by using the methods described above. If you use an agent, we will take measures to verify your agent’s authorization similar to the verification described above for fulfilling any access or deletion requests. We may require more information to ensure proper verification of you and your agent’s identity and authorization.

Categories of Personal Data Collected and Disclosed for a Business Purpose

We collect and disclose the categories of Personal Data that are indicated in the chart below. Note that the specific pieces of Personal Data we collect about you may vary depending on the nature of your interactions with us and may not include all of the examples listed.

Privacy Policy - Personal Data Collection

We may also collect Personal Data about you that does not directly fit within one of the categories listed above, which information is described in Information We Collect.

We share Personal Data about you with service providers and third parties for business purposes, such as operational purposes and other purposes related to providing you with the Services you seek from us. For more information about the business purposes for which we disclose Personal Data, see Use of your Information.

Sources of Personal Information

We may collect your information from the categories of sources listed under How We Collect Your Information.

Categories of Personal Data Sold or Shared

While we do not sell your Personal Data for monetary consideration, certain state laws may characterize our sharing of Personal Data with companies that provide services to us, such as companies that help us to market or advertise our products and services to you, as “sales” or “sharing” for purposes of cross-context targeted advertising.

Categories of Personal Data disclosed that may be considered a “sale” or “sharing” for purposes of cross-context targeted advertising under applicable law: Identifiers, Commercial information, Geolocation data, Internet or other electronic network activity information.

Deletion Rights

You may request that we delete your Personal Data that we have collected directly from you. Under applicable law, we may decline to delete your Personal Data under certain circumstances, for example, if we need the Personal Data to complete transactions or provide services you have requested or that are reasonably anticipated, for security purposes, for internal business purposes (including maintaining business records), to comply with law, or to exercise or defend legal claims. Note also that we are not required to delete your Personal Data that we did not collect directly from you. We require a reasonable or high degree of certainty that the requester is the consumer for which a deletion request is applicable, depending on the sensitivity of the Personal Data.

California Consumer Privacy Rights Requests from January 1, 2023 – December 31, 2023

Privacy Policy - California

Sensitive Data

We will not process your Sensitive Data (as that term is defined under applicable privacy law) without your prior consent.

California’s Shine the Light Law

Under California Civil Code Section 1798.83 (“Shine the Light Law”), California residents may ask us to provide them with (i) a list of certain categories of Personal Data that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. California residents may make one request per calendar year. In response to your written request, we are allowed to provide you with a cost-free means to opt-out of such sharing. If you are a California resident, you may request information about our compliance with the Shine the Light Law by contacting us by using the Contact information, below. Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per individual each year, and we are not required to respond to requests made by means other than through this form or mail address.

Data Processing

Our Website and App are maintained in the United States of America. By using the Website or App, you freely and specifically give us your consent to export your personally identifiable information to the USA and to store and use it in the USA as specified in this Privacy Policy. You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.

Contact

If you have any questions or concerns regarding our privacy practices, please contact us at BobEvansguestrelations@bobevans.com.

Bob Evans Restaurants, LLC

8111 Smith’s Mill Road

New Albany, Ohio 43054

Attention: Guest Relations

1-866-616-6464