CCPA POLICY

Last updated on: January 1, 2020

If you are a California resident, please read the following Privacy Policy (“Policy”).

This Policy describes how information obtained from California consumers, including visitors to our website, www.onmetric.com, including mobile versions of our website (collectively, “Sites”), our mobile application, and the affiliates, is collected, used, sold, and disclosed. This Policy also explains how you can submit requests to OnMetric (“OnMetric” or “we” or “us”) to know about your Personal Information, delete your Personal Information, and opt-out of the sale of your Personal Information. Please note that this Policy applies to information collected by OnMetric, including through our Sites and Mobile App, and/or from affiliates.

California’s Shine the Light Law

Subject to certain limits under California Civil Code section 1798.83, California residents may ask OnMetric, 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.

To make this request, you may contact OnMetric at the mail or email address listed in the “Contact Us for More Information” section below. In your request, please state that you are a California resident and provide a current California address for our response. Please allow up to thirty (30) days for a response. OnMetric reserves its right not to respond to such requests submitted to addresses other than those specified in the “Contact Us for More Information” section below.

CALIFORNIA’S CONSUMER PRIVACY ACT

1. California Residents’ Rights Under the California Consumer Privacy Act

If you are a California resident, you have certain rights regarding information that is treated as Personal Information under the California Consumer Privacy Act of 2018, California Civil Code sections 1798.100et seq. (“CCPA”).

• The right to know what categories of Personal Information are being collected, sold, or disclosed and the categories of sources of that Personal Information.

You have the right to know what categories of Personal Information we collect, sell, or disclose about you, as well as the categories of third parties who purchased or received your Personal Information and the categories of sources of that Personal Information. These categories are described below in the “Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed” section below. We are also required to provide to you, before or at the point of collection, with a general notice about the categories of Personal Information collected by us and how we intend to use the collected Personal Information.

• The right to access collected Personal Information

You have the right to request that we provide a copy of your Personal Information that we collected, sold, or disclosed in the preceding twelve (12) months. Only you, or someone you legally authorize to act on your behalf, may make a request related to your Personal Information. You may submit a maximum of two requests in a 12-month period.

You must provide sufficient information to enable us to reasonably verify your identity or that of your authorized agent. We will only use the Personal Information provided in your request to verify your identity or that of your authorized agent. Please note that we cannot provide any Personal Information in response to a request if we cannot verify your or your authorized agent’s identity, or your authorized agent’s authority to make the request on your behalf, and/or if we cannot confirm that the collected Personal Information relates to you.

You are not required to create an account with us before submitting a verifiable request.

After receiving and verifying your request, we will provide the following information (depending on your request):

• The categories of Personal Information collected about you in the preceding twelve (12) months.
• The sources of that Personal Information by category.
• The business or commercial purpose(s) for collecting or selling that Personal Information.
• The categories of third parties with whom we shared that Personal Information.
• The specific pieces of Personal Information collected about you.

If we sold your Personal Information or disclosed it for a business purpose, we will also provide:

• the categories of Personal Information sold in the previous twelve (12) months and the categories of third parties to whom the Personal Information was sold; and
• the categories of Personal Information disclosed for a business purpose in the previous twelve (12) months and the categories of third parties to whom the Personal Information was disclosed.

See the “Methods for Submitting CCPA Requests to OnMetric” section below for information on how you can exercise your right to access collected Personal Information. For more information, see also the “Response Timing and Format” section below.

• The right to request deletion of Personal Information

With certain exceptions, you have the right to request that we and our service providers delete Personal Information we or our service provider collected or maintained. Once we receive and verify your request, we will delete and instruct any applicable service providers to delete your Personal Information from our records, unless an exception applies.

We and our service providers may deny a verified deletion request if we must maintain your Personal Information to:

• Complete the transaction or provide a good or service requested by you for which we collected the Personal Information, or otherwise perform a contract between us.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity.
• Debug to identify and repair errors that impair existing intended functionality of our systems.
• Exercise a legal right provided for by law, including exercising or ensuring free speech rights.
• Comply with the California Electronic Communications Privacy Act (California Penal Code sections 1546 to 1546.4).
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest if:
  • the research adheres to all other applicable ethics and privacy laws;
  • deleting the Personal Information is likely to make the research impossible or seriously impair it; and
  • you provided informed consent during the initial data collection.

• Enable our internal use in a manner that you would reasonably expect based on your relationship with us.
• Comply with our legal obligations.
• Otherwise use your Personal Information internally in a lawful manner that is compatible with the context in which you provided the information.

See the “Methods for Submitting CCPA Requests to OnMetric” section below for information on how you can exercise your right to delete collected Personal Information.

• The right to opt-out of the sale of Personal Information

You have the right to opt-out of the “sale” of your Personal Information to other businesses or third parties. The CCPA defines “sell,” “selling, “sale”, and “sold” to include selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means.

Once we receive an opt-out request, we will act upon the request as soon as commercially reasonable, but no later than fifteen (15) days from the date we receive the request. We will also notify all third parties to whom we have sold the Personal Information within the ninety (90) days prior to receiving the request that you have exercised your opt-out right and instruct them not to resell the Personal Information.

However, if we have a good-faith, reasonable, and documented belief that the request is fraudulent, we will deny the request and provide you with an explanation of our rationale.

You may elect to opt-in to the sale of Personal Information after opting-out. In the event that a transaction requires the sale of your Personal Information as a condition of completing the transaction, we will inform you of this and provide instructions on how you can opt-in.

See the “Do Not Sell My Personal Information” section below for more on how to opt-out of the sale of Personal Information.

• The rights of California consumers who are less than 16 years of age

We do not intend to provide goods or services to, or collect information from, California consumers who are less than 16 years of age. The Personal Information of California consumers less than 13 years of age cannot be sold unless a parent or guardian affirmatively authorizes the sale of this Personal Information. Consumers older than 13 but younger than 16 years of age must affirmatively authorize the sale of their Personal Information. OnMetric does not sell the Personal Information of consumers who we actually know are less than 16 years of age.

• The right to be free from discrimination

You have the right to equal service, and we will not discriminate against you if you exercise your rights under the CCPA. However, under certain circumstances, we may offer you special discounts or other incentives for the right to continue to collect, use, or sell your Personal Information. In that event, we will notify you of the relevant program’s material terms and obtain your voluntary opt-in consent to the program.

2. Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed

We collect a variety of categories of Personal Information about California consumers, their household, and/or their devices. We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated, or incompatible purposes without providing advance notice.

In particular, we have collected the following types of Personal Information in the last twelve (12) months:

• Personal identifiers. Examples of these identifiers include, but are not limited to, a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
• Personal information categories listed in the California Customer Records statute(Cal. Civ. Code § 1798.80(e)). Examples of this information include, but are not limited to, a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
• Protected classification characteristics under California or federal law. Examples of this protected information include, but are not limited to, age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
• Commercial Information. Examples of such commercial information include, but are not limited to, favorite restaurant location, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Website Usage. Examples of this information include, but are not limited to, information about a consumer's interaction with the Sites, Mobile App, or advertisements.
• Employment Information. Examples of this information include, but are not limited to, current or past job history or performance evaluations.

We may have obtained some or all of the Personal Information listed above from the following sources in the last twelve (12) months:

• Directly from you.For example, we may collect the Personal Information listed above from forms you complete or products and services you purchase.
• Indirectly from you. For example, we may collect website usage information from observing your actions on the Sites or Mobile App.
• Affiliates. For example, we may collect the Personal Information listed above when you provide the information to an affiliate to register for an event.
• Third-party promotion and sweepstake vendors. For example, third-party promotion and sweepstakes vendors may provide us Personal Information, such as personal identifiers and/or personal information categories listed in the California Customer Records statute, that you have given to the vendor in the course of entering and participating in a contest or sweepstakes.
• Third-party marketing vendors. For example, third-party marketing vendors may provide us with Personal Information, such as personal identifiers and/or website usage, when you open a promotional email or click on an online advertisement.

We may have used, shared, and/or sold the Personal Information described above for one or more of the following business or commercial purposes in the last twelve (12) months:

• To process your purchases of or requests for products or services.
• To communicate with you about your use of the Sites, Mobile App, purchase of products or services, and/or participation in a loyalty program, contests, and/or sweepstakes.
• To respond to your inquiries and for other customer service purposes.
• To advise you of changes or additions to the Sites, Mobile App, and/or any of OnMetric’ products or services.
• To better understand how users access and use the Sites and Mobile App, to improve the Site and Mobile App, to respond to user desires and preferences, and for other research and analytical purposes.
• To help maintain the safety, security, and integrity of our Sites, Mobile App, products and services, databases and other technology assets, and business.
• To manage the Careers page on the Sites, which is a tool utilized by OnMetric and its affiliates to assist in their recruiting efforts.
• To manage scheduling shifts, communicate with employees, and setup and provide employment benefits.
• To tailor the content and information that Hooters and our affiliates may send or display to you, to offer location customization and personalized help and instructions, and to otherwise personalize your experiences while using the Sites or Mobile App.
• To assist in advertising OnMetric’ products and services on third-party websites.
• To maintain appropriate records for internal administrative purposes.
• To comply with federal, state, and local laws, cooperate with and respond to law enforcement requests, and as otherwise required by applicable law, court order, or governmental regulations.
• To protect the rights and interests of OnMetric and/or our affiliates, such as to resolve any disputes, to enforce this Policy or any other policy, to protect the rights or property of another, or to prevent harm.
• To evaluate or conduct a merger, sale, or other acquisition of some or all of OnMetric’ organization or its assets, in which the information held by OnMetric’ about our Sites and Mobile App users is among the assets transferred.

We have shared or sold the following Personal Information in the last twelve (12) months:

• Personal identifiers.
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
• Protected classification characteristics under California or federal law.
• Commercial Information.
• Website Usage.
• Employment Information.

We have disclosed for a business purpose the following Personal Information in the preceding twelve (12) months:

• Personal identifiers.
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
• Protected classification characteristics under California or federal law.
• Commercial Information.
• Website Usage.
• Employment Information.

We have shared or sold the Personal Information listed above with the following categories of third parties:

• Affiliates, subsidiaries, and customers.
• Service providers.
• Website development and hosting providers.
• Mobile application development and hosting providers.
• Email platform providers.
• Cloud hosting platform providers.
• Marketing analytics and advertising companies.

3. Methods for Submitting CCPA Requests to OnMetric

You have the right to submit a verifiable request to us using the following methods:

• Online Request Form. You may submit a request to know by completing the online CCPA Consumer Request to Know Form locatedhere or a request to delete by completing the online CCPA Consumer Request to Delete Form locatedhere.
• Toll-Free Telephone Call. You may submit requests by calling our toll-free CCPA Request Hotline at (800) 757-4909. A member of our team will process your request and guide you through the verification process.

See the “Do Not Sell My Personal Information” section below for more on how to submit a request to opt-out of the sale of Personal Information.

4. Verification Process

Once we receive a request to know or to delete, we must verify your identity before we can respond.

If you maintain a password-protected account with us, through our Sites or Mobile App, you must login to your account to submit a request. If you are requesting to access specific Personal Information we collected or to have us delete your Personal Information, you will be required to re-enter your login credentials for authentication purposes.

If you do not maintain an account with us, you may be required to provide the following information for verification purposes:

• Your first and last name;
• Your email address; and
• Your telephone number.

If you submit either a request to know specific pieces of Personal Information collected, or a request to delete sensitive, irreplaceable, or otherwise valuable Personal Information, you (or your authorized agent, if applicable) will be required to provide a signed declaration affirming your identity (or your authorized agent’s identity, if applicable). The declaration is included on the online CCPA Consumer Request to Know Form located hereand online CCPA Consumer Request to Delete Form located here.

5. Authorized Agents

An authorized agent is either a natural person or a business entity registered with the California Secretary of State that a consumer has authorized to act on his or her behalf.

You may use an authorized agent to submit a request to know, to delete or to opt-out. Your agent will need to provide: either (1) a power of attorney; or (2) your written permission to allow the authorized agent to submit the request on your behalf and verification of your identity.

6. Response Timing and Format

• Acknowledgement of receipt of request

We will confirm receipt of a request from you within ten (10) days. This confirmation will provide information about how we will process the request, including a description of our verification process and an approximation of when we will send you a substantive response.

• Substantive Response

We will respond to a verifiable request from you within forty-five (45) days. If we cannot respond in that time, we will notify you in writing that we need an additional forty-five (45) days and explain the reason for the needed additional time.

If you have an account with us, we will respond to that account. If you do not have an account with us, we will deliver the written response by mail or email, at your option.

Any disclosures we provide will cover only the 12-month period preceding our receipt of your verifiable request. If we cannot comply with your request, we will explain why. If you have requested to know specific Personal Information we collected, we will provide that information to you via mail or e-mail.

We do not charge a fee to process or respond to a 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 and provide you with a cost estimate before completing the request.

• Acting upon opt-out requests

We will act upon an opt-out as soon as commercially reasonable, but no later than fifteen (15) days from the date we receive the request.

7. Do Not Sell My Personal Information

You have the right to direct us not to sell your Personal Information and you may exercise this right at any time. Once you opt-out, we will not sell your Personal Information unless you give us authorization to do so. We will not ask you to reauthorize such sales until 12 months have passed since complying with request to opt-out.

If you are a California consumer and wish to opt-out of the sale of your Personal Information, you may submit an opt-out request by clicking on the following link: (Do Not Sell My Personal Information).

8. Financial Incentive Offers

Some of our loyalty programs and/or reward programs offer financial incentives in exchange for your consent to our collection, use, and/or sale of certain of your Personal Information. For example, we may use the information a consumer provides when joining our rewards program to provide program members free food on the consumer’s birthday, or to keep track of rewards earned by the consumer.

9. Children Under the Age of 13

Our Sites and Mobile App are not intended for children under 13 years of age. No one under age 13 may provide any Personal Information on the Sites and Mobile App. We do not knowingly collect personal information from children under 13. If you are under 13, do not use either the Sites or Mobile App, do not provide any information on these Sites and Mobile App, do not register on the Sites or Mobile App, do not make any purchases through the Sites or Mobile App, do not use any of the interactive or public comment features of these Sites or Mobile App, and do not provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at (800) 757-4909.

California residents over 13 but under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see “The rights of California consumers who are less than 16 years of age” section above for more information.

10. Contact Us for More Information

California consumers who have questions or concerns about our privacy policies and practices may contact a trained customer service representative through one of the following methods:

• Toll-free call: (800) 757-4909
• Email:privacy@OnMetric.com
• Mail: OnMetric, 1128 E. Main St. Ste. #5, Bozeman, Montana 59715

When contacting our customer service, please include in the communication or have available the information listed under the “Verification Process” section above. If using an authorized agent, please include in the communication or have available proof of authorization.