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Privacy Policy

IMPORTANT : PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON BRINKER INTERNATIONAL’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.

Scope of Our Policy

Brinker International is very sensitive to the privacy concerns of our guests. We believe that privacy of personal information is a serious matter and we strive to manage and protect any personal information we collect from you or you may share with us in a careful, sensible and lawful manner. This Privacy Policy is our way of informing you of the information we may collect, store, use or share about you during your interaction with Brinker International through the Online Services and in our restaurants.

When we say "personal information" we mean information about you that may include, for example, first and last name, email address, day of birth, gender, number of children and financial account information such as credit card numbers provided by you. This policy will outline the types of personal information we may collect, as well as additional topics including but not limited to the following:

  • How and why we collect your personal information
  • How your information is used and shared
  • How we protect your information
  • How you can control the use of your information

This Policy does not cover information rendered anonymous or where pseudonyms are used. Information is rendered anonymous if individuals are no longer identifiable or are only identifiable with a disproportionately large expense in time, cost, or labor. The use of pseudonyms involves the replacement of names or other identifiers with substitutes, so that identification of individual persons is either impossible or at least rendered considerably more difficult.

By installing, accessing or using any of our Online Services, you accept our practices as set forth in this notice. We encourage you to carefully read our policy to understand how we manage this information. Laws and practices governing the handling of this information are constantly changing; as a result we may and do update this policy from time to time. We will not necessarily directly notify you of all changes so you are urged to periodically read and review our policy to take note of any changes.

Most of our restaurants operated outside the United States are owned and operated by our franchise partners. In some cases, our franchise partner in the area where your information is collected may set forth additional terms or notices. Your installation, access to and use of the Online Services is also subject to any such supplemental terms set forth by the franchise partner.

Information We Collect

The information we collect helps us provide you with the opportunity for a great guest experience at one of our restaurants and/or when using our Online Services. Through your interaction with Brinker, we collect personal information you provide directly to us that can be used to uniquely identify or contact you. This information may be collected when you engage in certain activities such as creating a an account online or on our mobile app, registrations, on-line email club submissions, surveys, to-go orders, guest relations communications, on-line location services or other voluntary activities. The types of information collected may include personal details such as the following:

  • name, email address, postal address, number of children, gender, phone number, date of birth, age, and location and dining preferences;
  • background information, such as education, prior employment, and references; and
  • transaction information, including username and password, profile information, information about the products you purchase, and payment details such as credit card information;

Generally, we do not automatically collect personal information from visitors to our restaurants or Online Services who do not elect to provide the information. However, certain non-personal information, including IP addresses, may be recorded by the standard operation of Brinker International's internet servers. We may also automatically collect information, on an anonymous basis, about your use of our Online Services, including the type of operating system in use (e.g., Apple OS X, Microsoft Windows), the type of browser you use (e.g., Internet Explorer, Firefox, Safari and Chrome), access times, pages viewed, device characteristics, language preferences, referring URLs and the page you visited before navigating to our services. We may also collect information about you that is publicly available or provided to us from other companies.

Additionally, use of certain Brinker mobile sites or applications (e.g. iOS or Android devices) may result in the collection of additional information about you, such as your proximity to a restaurant location. To provide location-based services related to our business, Brinker International may collect, use, and share your precise location data. This location data is collected anonymously in a form that does not personally identify you and is used by Brinker International and our franchise partners and licensees to provide and improve location-based products and services.

We currently do not respond to "Do Not Track" (DNT) signals and operate as described in this Privacy Policy whether or not a DNT signal is received.

How We Use Your Information

Our primary goal in collecting your personal information is to provide an enhanced on-line and in-restaurant experience for our guests by understanding each guest's preferences, communicating promotions and upcoming events, and providing the best possible guest experience at our restaurants. In particular, we may use the information we collect for the following purposes:

  • Fulfillment of Products & Services. We use the contact and payment details you provide in order to verify your identity, fulfill your orders, process payments, communicate with you about your account and/or orders, and provide customer support. We may share your personal information with certain third parties, including delivery services and our franchise partners, in order to verify card payments, process refunds, distribute prizes, fulfill contractual requirements, and deliver our products. We use your personal information in this capacity pursuant to your consent and/or any agreement we may have with you.
  • Marketing. We may use your personal information to provide services such as postal marketing, social media re-marketing or insight, newsletters, email or text promotions, or personalized advertising in order to inform you about our services, special promotions or events, conduct research, or better tailor your experience in our restaurants or with our Online Services. When required by law, we will secure your consent before providing you with any such correspondence or services. When you register for certain Online Services, we may share your personal information with third parties who provide services on our behalf, including postal providers, social media providers (e.g. Facebook or Google), or marketing or advertising providers who assist us in delivering our marketing and advertising campaigns to you. These third parties are not allowed to use your personal information, except for the purpose of providing these services. These third parties do not retain, share, store, or use personal information for any purposes, except to provide services to Brinker International or its franchise partners. As our restaurants outside of the United States are sometimes operated by our franchise partners, your personal information may also be shared between Brinker International and the franchise partners that operate the restaurants where you live or the area where you place orders through our Online Services. Where your personal information is anonymized, we do not require a legal basis to use it as the information is no longer regulated under data protection laws. In the event your personal information is not anonymized, we may process such information pursuant to your consent (when applicable) or legitimate business interests which include using your personal information for marketing purposes.
  • Insight & Analytics. We may analyze the contact details you provide along with other personal information that we observe about you from your interactions with our Online Services or through our email communications in order to help us improve our services and market new products. We may use cookies, log files, and other technologies to collect personal information from the computer, mobile device or software you use to access the Online Services pursuant to your consent (when required by law). This includes your IP address, a session ID to track usage statistics on our Online Services, and certain personal information regarding your interests, buying habits, and experience with our services and products. Additionally, we may track click-through data when you click on a particular hyperlink that may be included in our communications. We may share your personal information with certain third party providers who assist us with these insights. Where your personal information is not anonymized, we may process such information pursuant to legitimate business interests which include using your personal information to better provide our products and services to you.
  • Tags. Our Online Services may contain cookies, web beacons or pixel tags (collectively “Tags”) which allow us to retain small amounts of information about you and/or track how you utilize our Online Services. A cookie is a piece of data stored on your browser containing information about you. There are two types of cookies that may be used in our Online Services. One type of cookie is often referred to as a session cookie, which is used to enhance your experience and enable certain features on our Online Services. Once you close your browser, a session cookie simply terminates. For instance, by using a session cookie on our Online Services, you would not have to enter a password more than once, thereby saving time while on our Online Services. You may choose to not allow cookies. If you reject the session cookie, you may still use our Online Services. The only drawback to this is that you will be limited in some areas of our Online Services.

The other type of cookie used on our Online Services enables us and our partners and advertisers to track and target your interests and to provide ads about goods and services of interest to you. These cookies will not terminate when you close your browser, but may stay on your browser for a predefined period of time and will expire when you clear your cookies within the browser. We may also share aggregated, anonymous demographic information with our partners and advertisers through the use of cookies or other technologies. This information is not linked to any personal information that can be used to uniquely identify or contact you.

By using the Online Services, you consent that we may use cookies and collect your usage data under a unique identifier for the purposes of tracking, analysis and improvement of our Online Services. At any time, you may withdraw your consent by disabling these cookies. However, by doing so, your user experience with our Online Services may be altered.

  • Contests/Surveys. On occasion, our Online Services may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and you will have a choice whether or not to disclose any personal information. Information requested may include personal details such as contact information (e.g. name and email address) and demographic information (e.g. zip code, age level). Survey information will be used for purposes of monitoring or improving the use and satisfaction of our Online Services or the operation of our restaurants. We use your personal information in this capacity pursuant to your voluntary consent and/or any agreement we may have with you.

These surveys may also be conducted by third-party providers with whom we share your personal information or to whom you directly submit your personal information in connection with the surveys. Please note that Brinker’s Privacy Policy does not apply to any personal information you provide directly to these third-party providers. Your use of their mobile applications or websites shall be subject to the third-party provider’s privacy policy.

  • Compliance. We may also use your personal information when necessary to comply with applicable law, court orders, requirements of regulators, or to investigate inquiries or disputes.

Please note that the personal information we collect may be transferred from the location in which it was collected to other countries in the world where Brinker does business in connection with the uses identified in this Privacy Policy. Any international data transfers will be executed in accordance with this Privacy Policy and in compliance with applicable laws. We may also share or transfer your information to a third party in connection with a business reorganization, sale of assets, or in connection with a merger. In the event of such transfer, the third party will treat such data in accordance with the terms of this Privacy Policy.

Retention of Information

Subject to applicable law, we will retain your personal information only for as long as it serves the purpose for which we originally collected such information or as you may have subsequently authorized.

Protection of Information

Brinker International is committed to taking reasonable and appropriate precautions to protect your personal information from loss, misuse or alteration. When you submit sensitive information via our Online Services, it is protected both online and off-line. When our registration form asks guests to enter sensitive personal information, we use commercially reasonable and appropriate standards to encrypt the information using industry standard encryption algorithms. All of our guests’ information, not just the sensitive information mentioned above, is restricted in our datacenters. Only employees or partners who need the information to perform a specific job are granted access to personally identifiable information.

Accessing Your Information

You may request that Brinker confirm whether we are processing your personal information and, if so, provide you with a copy of that personal information along with certain other details (where applicable). If you require additional copies, we may need to charge a reasonable fee. While it is our intention to comply with requests to access, correct or delete your personal data in accordance with applicable law, we may choose not to fulfill a request that you make hereunder (i) if we determine it is illegal or incorrect, (ii) where we need to maintain personal information because of a contractual or legal obligation, (iii) where the burden of providing access outweighs the risks of your privacy, or (iv) where your request may violate the rights of persons other than you.

Rectifying Your Information

If you believe the personal information about you that we possess is inaccurate or incomplete, you may request that it be rectified (where applicable). It is suggested that you send any such request to privacypolicy@brinker.com with “Rectification Request” noted in the subject line. This will increase our ability to provide you with a timely response. Depending on the complexity of your request, we may extend our response time or ask you for additional identification. If your personal information has been shared with others, we will notify them about your request for rectification when possible.

Deleting Your Information

You may request that we delete or remove your personal information in certain circumstances such as when we no longer need it or if you withdraw your consent (where applicable). If we have shared your personal information with other parties, we will notify them about your request for erasure when possible.

Opposing/Restricting the Processing of Your Information

Where applicable, you may request that we limit the processing of your personal information in certain circumstances such as when you reject the accuracy of that personal information or you object to certain processing. While we may continue to store your personal information or communicate with you about your transactions, we will notify you if we remove these restrictions at any point. With regard to marketing communications you may receive from us, we provide in each email the option to unsubscribe from future emails. You may also be able to manage your communication preferences within the settings of your own device. Please note that you must specifically opt out of any communications you are receiving from our franchise partners.

Data Portability

Where applicable, you may have the right to request that we provide you with a copy of the personal information you provided to us or, if feasible and within reason, transfer such information to a third party of your choice in a structured, commonly used and machine-readable format. Depending on the complexity of your request, we may extend our response time when necessary.

Objecting to the Processing of Your Information

Where applicable, you will have the right to revoke your consent and/or request that we stop processing certain types of personal information we have collected about you. This request can be made by contacting Brinker at the postal and/or email addresses below.

Third Party Services

Our Online Services may contain links to third-party websites. Please note that this Privacy Policy does not apply to your interaction on any other websites and we do not control the practices of those third parties.

Children as Users

The content of our Online Services is not directed to children under the age of 13, and you understand that you must be at least 13 years old to use the Online Services. If you are at least 13 years old but not yet 18 years old, then your parent or guardian must read and agree to this Privacy Policy in order for you to use the Online Services. Brinker International does not knowingly collect personal information from any child under the age of 13 through our Online Services. If we gain actual knowledge that information has been collected from children under the age of 13, Brinker International reserves the right to immediately delete the user profile and any related information from our servers. Please contact us via the contact information below if you believe we may have collected information from your child without permission from you and request that such information be deleted. Depending on the jurisdiction in which you are located, you are only allowed to use the Online Services if you are older than the relevant age at which you can provide consent under the laws of your country, or pursuant to consent by your parent or legal guardian.

Arbitration, Jurisdiction, Class Action Waiver and Jury Waiver

Any claim you may have with respect to the Online Services must be commenced within one (1) year after the claim or cause of action arises. You agree that any claim you may have with Brinker related to the Online Services will be resolved solely by arbitration and that said arbitrator shall have exclusive authority to resolve any such dispute(s). Any such arbitration shall be final and binding, and administered by the American Arbitration Association (“AAA”) through the International Centre for Dispute Resolution in New York before a single arbitrator in a location determined by AAA in accordance with its rules or as mutually agreed. The arbitrator shall apply the laws of Canada and render a decision based on the terms, conditions and agreements referenced herein. Should any part of this arbitration provision be deemed unenforceable, the other provisions described herein shall remain in effect. Notwithstanding the foregoing, if this provision is found to be wholly unenforceable and neither party is entitled to arbitrate such dispute(s), you agree that all claims related to these Online Services must be brought in the courts of the Province of Alberta located in the city in which the Brinker restaurant rendering Online Services to you is located. Should you file any administrative or legal claims without arbitrating and Brinker brings a successful motion to compel arbitration, you must pay the fees (including reasonable attorney’s fees) incurred by Brinker in court.

BOTH YOU AND BRINKER INTERNATIONAL AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. FURTHER, No claims may be made on a class or representative basis as you and Brinker International hereby waive the right to assert claims in any class or representative action.

Changes to our Privacy Statement

We may change this privacy policy from time to time. If we change our privacy policy, we will post those changes here. You should check here regularly for the most up-to-date version of the Privacy Policy. If you do not agree with any updates or changes to the Privacy Policy, you should request that we delete your personal information.

Privacy Questions

If you need to contact us for any reason regarding the Terms and Conditions or the Privacy Policy, including in order to exercise any of the rights set forth herein, you may do so by emailing privacypolicy@brinker.com or mailing correspondence to the following address:

Brinker International
6820 LBJ Freeway
Dallas, TX 75240
Attn: Legal Department