Special Privacy Notice for California Residents
CALIFORNIA’S SHINE THE LIGHT LAW
Subject to certain limits under California Civil Code section 1798.83, California residents may ask CKE 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 CKE 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. CKE 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
Definitions Specific to this Policy
“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include publicly available information obtained from government records; deidentified or aggregated consumer information that cannot be reconstructed to identify you; any information covered under the Gramm-Leach-Bliley Act or the California Financial Information Privacy Act, activities covered by the Fair Credit Reporting Act, or protected health information as defined under the Health Insurance Portability and Accountability Act.
“Sale” or “sell” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration.
“Service Provider” means a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that processes information on behalf of a business and to which the business discloses a consumer’s Personal Information for a business purpose pursuant to a written contract.
“Third Party” means a person or entity who is not a business that collects Personal Information from consumers, as defined in the CCPA, and to whom the business discloses a consumer’s Personal Information for a business purpose pursuant to a written contract.
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 1798.100 et 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.
TThe 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. However, if you maintain an account with us at the time of submitting a request, then you or your authorized agent must submit the request via https://privacy.ckr.com/.
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.
See the “Methods for Submitting CCPA Requests to CKE” 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.
- To determine franchisee eligibility and provide services to franchisees
- 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 CKE” 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
CCPA provides you with 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. CKE does not sell Personal Information to other businesses or third parties.
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. We do not sell the personal information of consumers who we actually know are less than 16 years of age (or any consumers).
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.
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 from both online and offline sources. 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 types of Personal Information indicated in the chart below in the last twelve (12) months:
Category Examples Collected A. Identifiers Name, signature, address, telephone email, account name, SSN, DL number, passport number, online identifier, IP address YES B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1797.80(e)) 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. Some personal information included in this category may overlap with other categories. YES C. Protected classification characteristics under California or federal law 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). YES D. Commercial information Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. YES E. Biometric Information Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, face prints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO F. Internet or similar network activity Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement YES G. Geolocation data Physical location or movements NO H. Sensory data Audio, electronic, visual, thermal, olfactory or similar information NO I. Professional or employment related information Current or past job history or performance evaluations YES J. Non-public education information Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records. NO K. Inferences drawn from other personal information Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. NO
We have obtained the Personal Information listed above from the following sources:
- Directly from you. For example, from forms you complete on our website, job applications or the purchase of products such as gift cards.
- Indirectly from you. For example, through your interaction on our Website or with our advertisers.
We may have collected and/or shared the Personal Information described above for one or more of the following business or commercial purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request ask a question about our products, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product such as a gift card, we will use that information to process your payment and facilitate delivery.
- To provide, support, personalize, and develop our Website, products, and services.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
We have shared or sold the following Personal Information in the last twelve (12) months:
- We have not shared or sold any Personal Information other than disclosure for a business purpose described below in the preceding twelve (12) months.
We have disclosed for a business purpose the following Personal Information in the preceding twelve (12) months:
- Personal information categories listed in the California Customer Records statute
- Protected classification characteristics under California or federal law
- Commercial information
- Internet or similar network activity
- Professional or employment related information
We may have shared the Personal Information listed above with the following categories of third parties:
- Disclosure for a business purpose to the following categories of third parties: our affiliates (including Hardee’s Restaurants LLC) and its and their respective franchisees, service providers, cloud platform providers, business partners and third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
Methods for Submitting CCPA Requests to CKE
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 located on our privacy page here (follow this link for CCPA requests) or a request to delete by completing the online CCPA Consumer Request to Delete Form located on our privacy page here(follow this link to request CCPA deletion request).
- Toll-Free Telephone Call. You may submit requests by calling our toll-free CCPA Request Hotline at 1-800-227-5757. A member of our team will acknowledge your request and guide you through the verification process within ten (10) days.
- In-store Form. You may complete and submit a Request Form at any of our retail locations in California.
Once we receive a request to know or to delete, we must verify your identity before we can respond. You will be required to provide the following information for verification purposes:
- Your first and last name;
- Your e-mail address [if we collected it];
- Your telephone number [if we collected it]
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 and online CCPA Consumer Request to Delete Form, both located here (follow this link to make a CCPA request).
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.
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.
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 e-mail, 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 (for data portability requests) we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
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.
Do Not Sell My Personal Information
You have the right to direct us not to sell your Personal Information. CKE has not sold Personal Information in the preceding twelve (12) months.
Metrics Regarding CCPA Requests and Responses During the Previous Calendar Year
At the end of each calendar year, starting in 2020, we will report regarding the number of requests to know, delete or opt-out that we received, complied with in whole or in part, or denied, and the median length of our response time.
Children Under the Age of 13
Our Website is not intended for children under 13 years of age. No one under age 13 may provide any Personal Information on the Website. We do not knowingly collect personal information from children under 13. If you are under 13, do not use this Website, provide any information on this Website. 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 email@example.com.
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.
Contact Us for More InformationCalifornia 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: 1-800-227-5757
- Email: firstname.lastname@example.org
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.
Last updated on: January 1, 2020