PRIVACY POLICY

Last Updated: July 1, 2024

This Privacy Policy applies to the websites and mobile applications (“Site(s)”) owned, or hosted, by or on behalf of Sullivan’s Holding LLC, or any of its related, affiliated, or subsidiary companies, and any affiliated management entities (together, “Company”, “we,” “our,” “us”). We respect your privacy and value your trust and confidence. This Privacy Policy explains how we collect, use, and disclose information through the Sites as well as any related services that we provide through or in connection with the Sites (collectively, the “Services”), including, without limitation, the purchase, issuance, redemption, or other transactions in connection with gift cards, gift certificates, coupons, rewards, or loyalty cards (collectively, “Redemptions”); provided, however, that certain third party services offered through the Sites may be subject to their own terms and privacy policies, as indicated therein (“Third Party Terms”).

The Services are governed by the “Terms of Service” at https://sullivanssteakhouse.com/terms-of-use. ACCESS TO THE SITES AND SERVICES IS LIMITED TO U.S. PERSONS AGED 18 AND OVER, AS FURTHER PROVIDED BELOW.

WE DO NOT KNOWINGLY COLLECT PERSONAL INFORMATION OF INDIVIDUALS WHO ARE NOT RESIDENTS OF THE UNITED STATES, NOR FROM CHILDREN UNDER THE AGE OF 13. BY USING THE SITES OR SERVICES, YOU HEREBY CONFIRM THAT YOU ARE A RESIDENT OF THE UNITED STATES AGE 13 OR OLDER, AND HEREBY AGREE TO THE TERMS OF THIS PRIVACY POLICY.

IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, YOU MUST NOT USE THE SITES OR SERVICES.

1. Types of Information That May Be Collected
   Certain Services may ask you to register an account with us, or otherwise provide information to us or one of our Service providers, some or all of which may be considered personal information. We may ask you for some or all of the following types of information via the Sites when you sign up for email subscriptions, sign up for or participate in Redemptions, participate in surveys, access various content or features, submit comments or content, or directly contact us with questions or feedback:
   

• • Identifiers and other personal information such as your name, date of birth, billing address, shipping address, email address, telephone number, account number, password, mobile device identification numbers, Internet Protocol address (from which we can derive your general geographic area), and payment card information (solely for fulfillment of any purchases);
  • Internet or other electronic network activity, such as information concerning your interaction with the Sites and their content and the devices you use to interact with the Sites, browsing history, and information regarding your interaction with an Internet Web site, application or advertisement;
  • Information for Redemptions, including serial numbers, identities, balances, points, rewards, and to sell, issue, redeem, or process other transactions in connection with such Redemptions; and
  • Demographic information, such as gender.

Some of the above information, if collected, will be voluntarily provided by you through the Site or through such other service providers and/or third parties as we may utilize to collect information. If you sign up for our email club, you will be voluntarily providing your contact information to a marketing service provider of ours, who then shares the information with us. If you place an order for pick up or delivery through our site, you will be providing voluntarily your personal information to an online ordering service provider of ours, who will share it as necessary with one of our retail locations and a delivery service to prepare and deliver your order. If you purchase gift cards online, you will be providing your personal information to gift card service providers of ours, who then may share the information with us. We have contractual relationships with these service providers to ensure that they use the personal information you provide solely to provide services to us and to you. Each of the web pages where you provide your personal information includes a privacy policy, which you may review prior to entering any information. Please note that different service providers may have different privacy policies.

Other information, such as computer network activity and device identifiers described above may be collected through automated means. Automatic collection of information further may include:

• • Your browser type and operating system;
  • Sites you visited before and after visiting the Sites and accessing the Services;
  • Pages you view and links you click on within the Services and related websites or apps which are also owned and operated by us, our affiliates, or our business partners, including articles, videos, and photo galleries viewed;
  • Information collected through cookies, pixel tags, Local Shared Objects (as defined below), and other similar technologies; and
  • Information about your interactions with e-mail messages, such as the links you click on and whether the messages were received, opened, or forwarded [1].

We may use cookies, pixel tags, Local Shared Objects (sometimes referred to as “Flash Cookies”), and similar technologies to automatically collect this information. Cookies are small bits of code that are stored by your computer’s web browser and that may automatically identify your browser to the Services whenever your computer is used to visit the Services. For more information about cookies visit http://www.allaboutcookies.org. Pixel tags are very small images or small pieces of data embedded in images, also known as “web beacons” or “clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. Local Shared Objects are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player. Please note that you may need to take additional steps beyond changing your browser settings to refuse or disable Local Shared Objects and similar technologies. For example, Local Shared Objects can be controlled through the instructions on Adobe’s Setting Manager page. By using the Services, you consent to our use of cookies and similar technologies. You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. However, if you choose to reject cookies and similar technologies, you may not be able to use certain online products, services or features on the Services.

2. Use of Information
   We may use information that we collect through the Services for a variety of purposes, including to:

• • Create your account;
  • Provide you with the products, promotions, services, newsletters, and information you request and respond to correspondence that we receive from you;
  • Manage your contact preferences and requests, including requests concerning how we use your information;
  • Conduct and process transactions in connection with the Redemptions;
  • Contact you via email and otherwise about your account, products, services, contests, and events that we think might be of interest to you;
  • Send you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties;
  • Provide, maintain, administer or expand the Services, perform business analyses, or for other internal purposes to improve the quality of our business, the Services, and other products and services we offer;
  • Customize and personalize your use of the Services;
  • Send you notices to comply with applicable laws and regulations; and
  • As otherwise described to you at the point of collection or pursuant to your consent, or otherwise in the applicable Terms of Service, if any.

We may use your non-personal information (including personal information that has been de-identified and/or aggregated) for any reason at our sole discretion.

3. Sharing of Information
   We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect.

• • Service Providers: We may share your information with service providers that perform certain functions or services on our behalf (such as to host the Services, fulfill orders, provide products and services, manage databases, perform analyses, process credit card payments, process Redemptions, provide customer service, develop our Sites, or send communications for us).
  • Licensees and Their Subsidiaries and Affiliates: We may share your information with our owners and licensees or any of our/their affiliates.
  • Select Business Partners: With your permission, we may share your personal information with select business partners so that they can provide you with special offers, promotional materials, and other materials that may be of interest to you. If you do not elect to have your personal information shared, it will not be shared with such third parties. We take measures to help ensure that our partners protect the confidentiality, integrity, and security of any information we share with them. However, we are not responsible for the privacy practices of our business partners, including any Third-Party Terms on our Sites.
  • Third Party Ad Serving and Audience and Traffic Measurement Services: We may use third parties to serve advertisements on the Services. These third parties may set their own cookies or similar web technologies to collect information about users’ online activities over time and across different websites and/or apps. You may opt out by sending an email to privacy@dividendrg.com
  • Social Media Engagement and Advertising: We may share information derived from your personal information with social media services (e.g., Facebook, Twitter) to engage with you on accounts you may have on those services or provide targeted advertising to your account.
  • Business Transfer: If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, a business reorganization, or similar event, we may transfer your information as part of such transaction.
  • Administrative or Legal Process: We may disclose your information to third parties in order to protect the legal rights, safety, and security of our organization, our corporate affiliates, subsidiaries, business partners, and the other users of our Services; enforce our Terms of Use; respond to and resolve claims or complaints; prevent fraud or for risk management purposes; and comply with or respond to law enforcement or legal process or a request for cooperation by a government or other entity, whether or not legally required.
  • Interactive Features: We may share information with third parties when you post information to a user profile or a public area of the Services, such as a chat room, forum, blog, or other community tool. If you post to these interactive features, it will be publicly available, and you may receive unsolicited messages from other parties. We cannot ensure that parties who have access to such information will respect your privacy. Please exercise caution when using these features.
  • Non-personal Information: We may share non-personal information (including personal information that has been de-identified and/or aggregated), such as demographic and usage statistics, with advertisers, sponsors or other third parties for any reason at our sole discretion. We may also allow third parties to place and read their own cookies, pixel tags, Local Shared Objects, and similar technologies to collect information through the Services. For example, our third party service providers may use these technologies to collect information that helps us with traffic measurement, research, and analytics.

4. Mobile Phone Information.
   No mobile phone information will be shared with third-parties or affiliates for marketing or promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

5. Social Networking Services
   We may work with certain third-party social media providers to offer you their social networking services through our Services. For example, you may be allowed to use third-party social networking services, including but not limited to Facebook, Twitter, and others to share information about your experience on our Services with your friends and followers on those social networking services. These social networking services may be able to collect information about you, including your activity on our Services. These third-party social networking services also may notify your friends, both on our Services and on the social networking services themselves, that you are a user of our Services or about your use of our Services in accordance with applicable law and their own privacy policies. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services.

   You also may be able to link an account from a social networking service (e.g., Facebook, Twitter) to an account through our Services. This may allow you to use your credentials from the other site or service to sign into certain features on our Services. If you link your account from a third-party site or service, we may collect information from those third-party accounts, and any information that we collect will be governed by this Privacy Policy.

6. Links to Other Sites
   The Services may contain links to other websites or online services that are operated and maintained by third parties and that are not under the control of or maintained by us. Such links do not constitute an endorsement by us of those other websites/apps/services, the content displayed therein, or the persons or entities associated therewith. This Privacy Policy does not apply to this third-party content. We are not responsible for the privacy policies, practices or content of such other websites, apps, or online services. We encourage you to review the privacy policies of these third-party websites, apps, or services. We disclaim any responsibility for any third-party terms, and you are solely responsible for compliance with such third-party terms.
   

8. Security
   We have adopted reasonable and appropriate security procedures to help protect against loss, misuse, and unauthorized access to the information you provide to us. Please note, however, that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to the Services and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information.

9. Age Restrictions
   Access to the Services is limited to residents of the U.S. age of 13 or over, and certain parts of the Sites, such as our “Email Club” are limited to U.S. residents aged 18 and over. We do not knowingly collect, use, or disclose personal information from persons under the age of 13. If we are made aware we have collected personal information from a child under 13 years old in a manner that is inconsistent with the Children’s Online Privacy Protection Act, we will delete this information as soon as possible. We do not knowingly share or sell personal information from persons 13 years old or younger.

10. Changes to This Privacy Policy
    We may amend this Privacy Policy at any time. Your continued use of the Sites or other Services after any modification to the Privacy Policy will constitute your acceptance of the new terms. If we make any changes to this policy, we will notify you posting the updated policy on our website. We encourage you to periodically review this page for the latest information on our privacy practices. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES, INCLUDING ANY PARTICIPATION IN THE CONTEST, AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

11. Opt-out/Retention
    You may receive promotional emails, newsletters, and similar communications from us or one of our service providers. You may opt out of receiving commercial emails from us by clicking on the opt-out or “unsubscribe” link included in the commercial emails you receive or, if such functionality is enabled in the Services, by notifying us at privacy@dividendrg.com. Please note that opt-out requests may take some time to be effective. Your opt-out will not apply to messages that you specifically request or messages that are not commercial in nature. For example, we may contact you concerning any purchases you have made with us or communicate with you regarding a contest you have entered, even if you opt out of receiving unsolicited commercial email messages.

    We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

11. California Privacy Rights
    This section governs the rights of California residents. In the event of a conflict between this section and another section of this Privacy Policy, this section shall govern for California residents. If you are not a California resident, your state of residence may provide for other rights.

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@dividendrg.com with a subject of “Privacy Policy” or contact us at:

Sullivan’s Holding LLC
2000 S. Colorado Blvd., Tower 2, Ste 400,
Denver CO 80222
Attention: Legal Department

In some cases, third parties may be able to collect information about a user’s online activities over time and across different websites or apps when he or she uses our Services.

Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, we currently do not act in response to these signals.

The California Consumer Privacy Act (“CCPA”) provides California residents with specific rights regarding their personal information. This section describes California residents’ CCPA rights and explains how to exercise those rights. If you are a resident of a state other than California, we may respond to requests in ways that differ from responses that are required only under California law.

Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your request, we will disclose to you:

(a) The categories of personal information we collected about you.

(b) The categories of sources for the personal information we collected about you.

(c) Our business or commercial purpose for collecting or selling that personal information.

(d) The categories of third parties with whom we share that personal information.

(e) The specific pieces of personal information we collected about you.

(f) If we sold or disclosed for a business purpose, two separate lists disclosing: (1) for sales, a list identifying the personal information categories; and (2) for disclosures for a business purpose, a list identifying the personal information categories.

Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. If an exception applies, we will notify you of the applicable exception.

Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to privacy@dividendrg.com.  Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a consumer request related to your personal information. You may also make a consumer request on behalf of your minor child.

We will require sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative. Our processes for verifying requests include matching identifying information that we already have on record to provide services to the customers. We may request additional information from you to complete verification.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing. To the extent applicable, we will deliver our written response by the same means by which you made the request. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. 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 your 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 we made that decision and provide you with a cost estimate before completing your request.

Selling of Information
We do not sell your personal information.

Non-Discrimination
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

(a) Deny you goods or services.

(b) Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

(c) Provide you a different level or quality of goods or services.

(d) Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

12. Nonconfidential Information
    We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
13. Contact Us
    If you have any questions about this Privacy Policy or the privacy practices of the Services, please contact us by email at privacy@dividendrg.com with a subject of “Privacy Policy” or by regular mail at:

    Attention: Legal
    2000 S. Colorado Blvd., Tower 2, Ste 400,
    Denver CO 80222