Privacy Policy

Thank you for visiting us at this website (the “Site”). The Site is provided by Sonny’s Franchise Company (“Sonny’s”, “we,” “us,” and “our”). Sonny’s strongly believes that the protection of privacy is a critical issue when collecting and storing personal information via the internet. We have created this Privacy Policy (this “Privacy Policy”) to inform all visitors to the Site of how we collect and use personal information and the measures we employ to protect the information you may choose to share with us. We are committed to protecting and safeguarding consumer privacy on the internet. Please carefully review this Privacy Policy before using the Site.

By accessing or using this Site, which includes and all websites under sonnysbbq.com, you agree to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy please do not use this Site.

YOUR CONSENT

BY SUBMITTING YOUR PERSONAL INFORMATION TO US (DIRECTLY OR INDIRECTLY), YOU ARE CONSENTING TO THE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AND TO OUR USE OF YOUR PERSONAL INFORMATION AND ANY RELATED INFORMATION IN THE MANNER DESCRIBED IN THIS PRIVACY POLICY, INCLUDING THE TRANSMISSION TO, AND STORAGE AND PROCESSING OF YOUR PERSONAL INFORMATION BY THIRD PARTIES OUTSIDE THE UNITED STATES. IF YOU ARE SUBMITTING PERSONAL INFORMATION OF THIRD PARTIES TO US, YOU WARRANT AND REPRESENT YOU HAVE THEIR CONSENT TO PROVIDE THEIR PERSONAL INFORMATION TO US AND YOU WILL INDEMNIFY US AND HOLD US HARMLESS FROM AND AGAINST CLAIMS BY SUCH INDIVIDUALS RELATING TO OUR PROCESSING AND USE OF SUCH PERSONAL INFORMATION WITHIN THE TERMS OF THIS PRIVACY POLICY.

INFORMATION COLLECTED

When you visit this Site, you may provide us with two types of information: (1) website use information which is technical information collected by us about your visit to the Site; and (2) personal information you knowingly choose to disclose that is collected on an individual basis. Website use information includes our collection of your computer’s or mobile device’s IP address, which you necessarily disclose when you visit the Site, so that data (such as the web pages you request) can be sent to your computer or device.  Website use information also includes information such as the date and time of your visit, the pages you visited, the address of the website you came from to visit this Site, and other technical information about your access to this Site.  Our collection of website use information is automatic.  If you do not want us to collect website use information then do not visit or use this Site.  Personal information is information that is personally identifiable to you such as your name, email address, mailing address, phone number, payment card information, and date of birth. We only gather personal information when it is voluntarily submitted by you, such as through this Site, at a Sonny’s BBQ restaurant location, or to one of our service providers performing contractually specified services on our behalf. You are not required to disclose any personal information to visit this Site, however you may be required to disclose certain personal information before accessing or using certain features or areas of the Site or for purchasing products or services from us or a franchisee of ours, including purchasing merchandise or other products or services, placing an order, joining our rewards programs, entering a sweepstakes or contest, subscribing to our newsletter, or inquiring about or applying to become a franchisee.

COOKIES

“Cookies” are pieces of information that a website transfers to your computer or mobile device for record-keeping purposes. Cookies allow websites to remember important information about visitors that make a visitor’s use of a website more convenient. Like most websites, this Site uses cookies and other tracking technologies for a variety of purposes in order to improve your online experience. For example, we may use cookies to determine the number of visitors to our Site over a given period and to remember user screen names so that the need for multiple log-ins is eliminated. We do not store any personal information in cookies nor do we link or combine information collected through cookies to any personal information that users submit when participating in activities on this Site. Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. If you disable all cookies, you may not be able to take advantage of all of the features and activities available on this Site.

This Site is not designed to respond to “do not track” requests from web browsers.

INFORMATION USAGE

We use personal information to provide and improve our products and services, including the Site, for purposes in our legitimate interests and for compliance with applicable laws.

We process personal information where you give us your consent or on the basis that it is: (a) necessary for the performance of a contract we or a Sonny’s BBQ franchisee has with you; (b) in our or a third parties’ legitimate interests such as a contract with our franchisees or a food delivery company under which we or a Sonny’s BBQ franchisee are required to deliver products or services; or (c)for compliance with a legal obligation.

We may use your IP address and other website use information to: (i) help diagnose problems with the Site, administer and improve the Site, and measure the use of the Site; (ii) identify the type of web browsers used, the pages viewed, the websites from which a visitor found this Site, and the search terms and search engines used to find this Site; and (iii) gather other web analytics information relating to visitors’ use and navigation of the Site.  This information does not identify you personally.  On occasion we may aggregate this data with data on the pages visited by other users to track overall visitor traffic patterns and provide this aggregate information to vendors, business partners, or affiliates.

We may use your personal information for particular activities, including, without limitation, processing your order, customer service, credit card processing, responding to your inquiries, collections, marketing and research surveys, sharing your stories that you provide to us, developing and displaying content and advertising tailored to your interests, contacting you regarding administrative notices, soliciting feedback on your experience with us, responding to your franchise inquiry, or processing your franchise application. We may share this information with our subsidiaries, parent companies, franchisees, marketing partners, and advertisers, with whom we collaborate. We must release your credit card information to credit card authorization service providers and associated banks to process your payments for products or services you purchased from us or our franchisees. In addition, if we use service providers, such as for online orders or delivery, these service providers may have access to your personal information to perform contractually specified services on our behalf.   Occasionally, with your permission, we will send promotional advertising to you, such as discount coupons or information about product offerings. However, if you did not opt-in to receive such advertising, we will not send it to you.

We may use the information you provide in an anonymous or aggregated format that does not identify you personally, which uses might include, without limitation, to evaluate existing products, services, and systems; to assist in the development of new products or services; research; advertising; and to identify trends and changes.

We may also disclose personal information in any of the following circumstances: (a) in response to a subpoena, search warrant, court order, or other legal process or request, or as may otherwise be required by law, rule, or regulation; (b) to protect and defend our rights or property or those of our affiliates or business partners, or others; or (c) as we, in our sole discretion, believe is appropriate under exigent circumstances in response to a perceived threat to the personal safety, property, or rights of any person or organization.

In addition, since our database is a business asset, in the event we are reorganized or become part of another organization, you consent to the sale, assignment, or transfer of your personal information to a successor that acquires substantially all of our business assets, or to an affiliate, as applicable.

Other than as set forth in this Privacy Policy, we do not sell, transfer, share or disclose personal information to third parties.  To opt-out of the sale of your personal data, please call us at: 1-800-375-1346 or email us at [email protected].

CHILDREN’S ONLINE PRIVACY PROTECTION

This Site this not directed to children under the age of 13 and we will not knowingly collect personal information from children under the age of 13 on our Site.  If we become aware that we have inadvertently received personal information from a visitor under the age of 13 on this Site, we will delete the information from our records.

SECURITY AND ACCURACY OF PERSONAL INFORMATION

We take the security of personal information seriously and we take what we believe to be reasonable precautions and have implemented certain safeguards to protect the security of data and personal information. We may transmit your personal data to third parties outside the United States for storage or processing. We will attempt to ensure that your personal information will be subject to appropriate safeguards and that it is processed and secured in accordance with applicable law. However, we cannot guarantee against any loss, misuse, unauthorized disclosure, or alteration or destruction of data or personal information. While we strive to protect your personal information, we cannot guarantee the security of any information you transmit to or from the Site, by email or otherwise, and you provide such information at your own risk. You acknowledge that: (a) there are security and privacy limitations in computer systems and on the Internet that are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through the Site, including personal information, cannot be guaranteed; and (c) any such information and data may be viewed or tampered with by a third party while such information or data is being used, transmitted, processed, or stored.

LINKS TO OTHER WEBSITES

This Site may contain links to websites that are not operated by Sonny’s. If you visit one of these linked sites, you should review their privacy policy and all other policies. We are not responsible for the policies and practices of other websites, and any information you submit to those websites is subject to their privacy policies.

We may have functionality on the Site that is provided, in whole or in part, by a third-party service provider. You can usually identify such third-party functionality by the use of a trademark not owned by us on or near the functionality. In that case, when you use the functionality, you become subject to the terms of use and privacy policy of this third party in addition to the Privacy Policy and Terms of Use of our Site. In some cases, you may need to visit that party’s website and locate the terms of use and privacy policy.

PRIVACY RIGHTS AND REQUESTS

You may have rights under applicable laws concerning personal information Sonny’s has collected about you, which may include the right to access your personal information we have, to ask us to delete, correct, or restrict the use of your personal information, to withdraw your consent to our use of your personal information, to ask how we have used your personal information, and to ask whether we have shared your personal information. We will honor your rights to the extent required by us under applicable laws or as we may agree to honor in our sole discretion.

All privacy requests relating to your personal information, including those related to access to, rectification of, restriction of, processing of, sharing of,  objection to the processing of, your personal information, withdrawal of consent to handle your personal information, the right to be forgotten, or to opt-out of the sale of your personal information, can be submitted one of the following ways:

Email:    [email protected]

Mail:      Sonny’s Franchise Company

c/o The Public Relations Dept.

850 Concourse Pkwy S #150, Maitland, FL 32751

Phone:  1-800-375-1346

All communications must be in the English language. Please clearly state what information you are requesting and any other requests you are making.

If you or your authorized agent sends us an email requesting that we take action regarding your personal information or the right to be forgotten, the requesting email MUST come from the email address we have on file for you in order to verify that the request is valid and also to protect your personal information.  All other requests must be made in writing and be verifiable as originating from you or your authorized agent.  In order to protect your information and because people may have the same name, we will only provide or delete personal information that we can verify is associated with your particular email address or where we can reasonably identify the identity of the requestor. For your protection, we may ask you for additional information to verify your identity. In most cases, we will provide the access you request and correct or delete any inaccurate personal information you discover.  We reserve the right, however, to limit or deny your request to the extent permitted by applicable law if: (a) complying with the request may present a threat to the personal safety, property, or rights of any other person or organization; (b) complying with the request may lead to a violation of applicable laws or regulations; (c) we are not required to comply with the request because of a legal rule or exception; or (d) you have failed to provide us with sufficient evidence to verify your identity. We will not delete the personal information of a person if it is related to an ongoing transaction. Even after a request, we may also keep personal information where necessary to comply with applicable laws or where necessary to protect a legal right or fulfill a legal obligation.  If you are a California resident, you have the right not to receive discriminatory treatment by Sonny’s for your exercise of privacy rights conferred by the California Consumer Privacy Act.

CHANGES TO PRIVACY POLICY

Sonny’s reserves the right to revise this Privacy Policy, in whole or in part, at any time without notice to you. You expressly waive any right to receive notice of any revisions to this Privacy Policy. We encourage you to review this Privacy Policy regularly in your use of the Site to ensure you are aware of current practices. Any use of the Site following the date on which the revised Privacy Policy is published on the Site shall constitute your acceptance of all such changes.

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ADDITIONAL USE AND PRIVACY TERMS FOR TEXT MESSAGE PROGRAMS

We offer a mobile messaging marketing program (the “Program”), subject to these Additional Use and Privacy Terms for Text Message Programs (the “Texting Terms”).  When you opt in to a Program, you understand and agree that the Sonny’s website Terms of Use are incorporated into, and become part of, these Texting Terms.  When you opt into a Program, you are consenting to receive offers from us via text at the cell number you provided during the opt in.   If you do not wish to continue participating in the Program or no longer agree to these Texting Terms, you can reply “STOP” to any mobile message from Us in order to opt out of the Program.

User Opt In: The Program allows users to receive SMS/MMS mobile messages by users affirmatively opting into the Program. Regardless of the opt-in method you utilized to join the Program, you agree that these Texting Terms apply to your participation in the Program. The mobile messaging service used by us to communicate with you for the Program requires human intervention for our mobile messages to be initiated, and thus our mobile messages are not sent to you by an automatic telephone dialing system, also known as an ATDS or autodialer. Nevertheless, by participating in the Program, you agree to receive autodialed marketing mobile messages and you understand that consent is not required to make any purchase from us.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages or telephone calls concerning updates, information, surveys, specials, promotions, invitations to provide feedback on their experience at a Sonny’s BBQ restaurant, and offers from us.  We will send Program members no more than 4 marketing text messages in a calendar month.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent based on your interaction with us.

Contact Information: For support text “HELP” to 73165, or to any of uur mobile messages, or email [email protected].

User Opt Out and Additional Commands: To opt out (discontinue participation in Program), reply “STOP” to 73165, or to any of our mobile messages from your mobile device. This is the easiest and preferred method to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You may also opt out by texting “QUIT”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “STOP ALL” to 73165 or to any of our mobile messages you receive, or by contacting us via the means provided above and clearly communicating your intent to unsubscribe from the Program. For additional support, text “HELP” to 73165 to get help.

MMS Disclosure: The Program will send SMS MTs if your mobile device does not support MMS messaging.

No Warranty: We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator, and is outside of our control. T-Mobile and other cellular providers are not liable for delayed or undelivered mobile messages.

Privacy Policy: We respect your privacy.  By opting into the Program or otherwise sharing your personal information with us in connection with the Program, you consent to the collection, use, disclosure and sharing of your information as further outlined in our Privacy Policy set forth above.

DISPUTE RESOLUTION FOR TEXT MESSAGE PROGRAMS

Notwithstanding anything to the contrary in the Sonny’s website Terms of Use, if there is a dispute, claim or controversy between you and us or between you and any third-party service provider acting on our behalf to transmit the mobile messages arising out of or relating to federal or state statutory claims, common law claims, this Privacy Policy, the Texting Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim or controversy will be determined by arbitration in Orange County, Florida before one arbitrator. The arbitration will be administered by JAMS. For claims greater than $250,000, the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time the arbitration is commenced will apply. For claims less than or equal to $250,000, the JAMS Streamlined Arbitration Rules in effect at the time the arbitration is commenced will apply. The arbitrator will apply the substantive law of the State of Florida, exclusive of its conflict or choice of law rules. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the provision in this paragraph with respect to applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to this paragraph. A party may commence arbitration by providing to JAMS and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.

To the fullest extent permitted by law, you agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than through arbitration, you knowingly and irrevocably waive any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Privacy Policy, the Texting Terms or any of the transactions contemplated thereby.

The appointed arbitrator may award monetary damages and any other remedies allowed by the state law designated above. In making his or her determination, the arbitrator will not have the authority to modify any term or provision of this Privacy Policy. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party to the arbitration, who will promptly act in accordance the Award. Any Award (including interim or final remedies) may be confirmed or enforced in any court having jurisdiction, including any court having jurisdiction over either party to the arbitration or its assets. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. Each party to the arbitration will advance one-half of the fees and expenses of the arbitrator, the costs of the attendance of the court reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration contemplated hereby, the arbitrators will award to the prevailing party, if any, costs and attorneys’ fees reasonably incurred by the prevailing party in connection with that aspect of its claims or defenses on which it prevails, and any opposing awards of costs and attorneys’ fees awards will be offset. The parties to the arbitration will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, or confirmation of an Award or its enforcement, or unless otherwise required by any applicable law. Any documentary or other evidence produced in any arbitration hereunder will be treated as confidential by the parties, witnesses and arbitrators, and will not be disclosed to any third person (other than witnesses or experts), except as required by any applicable law or except if such evidence was obtained from the public domain or is otherwise obtained independently of the arbitration.

MISCELLANEOUS

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Texting Terms and this Privacy Policy and perform your obligations hereunder, and nothing contained in these Texting Terms or this Privacy Policy or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of a party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Texting Terms or this Privacy Policy is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Texting Terms and this Privacy Policy will otherwise remain in full force and effect and enforceable. If there is any conflict between these Texting Terms or this Privacy Policy and our website Terms of Use, the terms of these Texting Terms and this Privacy Policy will control concerning text and mobile messages. Any new features, changes, updates or improvements of the Site or the Program shall be subject to this Privacy Policy unless explicitly stated otherwise in writing. By continuing to participate in the Program or use the Site after any such changes, you accept this Privacy Policy, as modified.

FRANCHISEE TEXT MARKETING PROGRAMS

Most of our Sonny’s BBQ restaurants are owned and operated by franchisees.  These Texting Terms do not apply to any of our franchisees’ text marketing programs.  Each franchisee is solely and independently responsible for its legal compliance.  If you are receiving text messages from a Sonny’s BBQ franchisee, you will need to opt out from them directly.

Last updated February 18, 2021

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