Privacy Policy

Your privacy is important to us and we are committed to protecting it through our compliance with this Privacy Policy.

LAST UPDATED: MAY 6, 2021

Simms Restaurants Group. and its subsidiaries and affiliates (collectively, “SRG,” “we,” or “us”), respects concerns with regard to how information about you is used and shared, and we appreciate your trust that we will use and share information about you carefully and sensibly. This Privacy Policy describes the types of information that we may collect about you, how we may collect it, how we use it, with who we may share it and what choices you have regarding it. This Privacy Policy applies to your use of our Internet and mobile Web sites, the Eat Simms mobile application (the “App” or “Mobile Application”), your participation in the Simms Restaurants Friends and Family Clubs (the “Friends and Family Club”) and other online services (collectively, the “Sites”), and any other means by which we may collect information about you, including information you may provide to us other than on the Sites or via the App. We encourage you to carefully read this Privacy Policy and our Terms of Use. By accessing and using the Sites, by participating in the Friends and Family Club or by downloading, installing, accessing or using the App, you agree that you have read and understand this Privacy Policy and that you accept and consent to the privacy practices (and any uses and disclosures of information about you) that are described in this Privacy Policy. If you do not agree with our policies and practices, do not use or access the Sites, do not participate in the Friends and Family Club and do not download, register with or use the App.

This Privacy Policy does not apply to any other websites or mobile applications, or to information that may be collected by any other websites or mobile applications. Other third parties (such as online reservation platforms or social media networks that you may use in connection with our Sites) may also use, collect and share information about you. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of other companies or other websites or mobile applications. We encourage you to seek out and read the privacy policy of each website that you visit and each mobile application that you use.

We may revise this Privacy Policy from time to time at our discretion by posting an updated Privacy Policy accessible to users of the Sites. Changes to this Privacy Policy will be effective when posted. In the event of a change to the Privacy Policy, we will update the “Last Modified” date above and may notify you on our homepage that the Privacy Policy has been recently updated. Your continued use of the Sites, the Mobile Application or the Friends and Family Club after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children under the Age of 18
We are committed to protecting the privacy of visitors under the age of 18. We do not knowingly collect personal information from children under the age of 18. If we learn we have collected or received personal information from a child under the age of 18 without verification or parental consent, we will delete that information. If you believe we might have any personal information from or about a child under the age of 18, please email us at [email protected] or contact us at the contact information provided below.

What information do we collect, and how do we collect it?
We automatically collect several types of information from and about users of our Sites, which may consist of information by which you can be personally identified (including your location data, name, postal address, e-mail address, telephone/mobile number, billing information for payment information only or any other information that is defined as personal or personally identifiable information under an applicable law) (collectively, “personal information”); information that is about you but does not identify you, such as your dining history/habits, reservation data and site activity/behavior; and/or information about your internet connection, the equipment you use to access the Sites and usage details. We collect the foregoing information either directly from you when you provide it to us (including when you place an order with one of our restaurants or using a third party delivery service) or automatically as you navigate through the Sites and/or use the App. If you use the App, we may also collect your mobile device ID and your precise location data. Location Data is collected and used to enable (1) location specific personalization, (2) mobile app notifications and (3) mobile app messaging. Location data may also be used for other features within the app and can be collected in the Foreground and Background (when the app isn’t opened.) Google and Apple allow users to disable location services – please view the links below for more information on how to do this. 

For Android devices: https://support.google.com/accounts/answer/3467281?hl=en 

For iPhones: https://support.apple.com/en-us/HT207092 

For certain services on our Sites, credit or debit card account information may be required. We may also obtain information from other sources, such as third-party websites, applications and services (each, a “Third-Party Platform”), through which you connect with our Sites and combine that with information we collect on our Sites. 

We may directly ask you to provide certain of the above information on our Sites. This is obtained by any of the following means:

Information that you provide by filling in forms on the Sites. This includes information provided at the time of registering to use the App, posting material, subscribing to the Friends and Family Clubs, providing feedback on your dining experience at our restaurants and/or you requesting further services. 

• Information that you provide when signing up for a contest or promotion sponsored by SRG, which may include your name, phone number, email address, social media handle and other information requested when you sign up for the contest or promotion.
• Records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through the Sites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through the Sites.
• Your search queries on the Sites.

As with many other websites, the web servers used to operate the Sites may automatically collect certain data pertaining to you, including your location, computer operating system, Internet Protocol (IP) address, access times, browser type and language, and the website you visited before or after visiting our Sites. For security reasons and to confirm the integrity of the Sites, we and our third-party service providers, including third-party vendors, consultants, and other service providers who work for us (our “Contractors”) may combine components of these data with personal information, which may identify you. Unless otherwise described in this Privacy Policy, such identifying information will be used solely for our business purposes. We and our Contractors may use this information to help administer the Sites and the servers that provide the Sites, generate statistical information, monitor and analyze traffic and usage patterns on the Sites and improve the Sites’ content and content delivery, including any online content, materials and services that we describe or make available on the Sites. 

In addition, our Sites may send one or more “cookies” to your computer to improve the utility of the Sites by storing user preferences and tracking user trends. Cookies are small data files that may have unique identifiers and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. Please note that you may not be able to access the full functionality of our Sites if cookies are disabled on your browser. We use cookies to see which areas and features of our Sites are popular and to count visits to our Sites. We may access information contained in cookies placed on your device by a Third-Party Platform as permitted by the terms of your agreement and privacy settings with such Third-Party Platform. Similarly, we may automatically collect information using web beacons. Web beacons are electronic images that may be used on our Sites or in our emails. We use web beacons to deliver cookies, count visits, understand usage and campaign effectiveness, and tell whether you open an email and act upon it.

Some content or applications, including advertisements, on the Sites are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Sites. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. Please note that we currently do not employ technology that recognizes “do-not-track” signals.

How will we use the information you provide to us?
We use information we collect about you or that you provide to us, including any personal information:

• To provide you with information, menu items or services that you request from us and our restaurants.
• To allow you to participate in the Friends and Family Clubs and receive its benefits.
• To fulfill the purpose for which you’ve provided the information, to analyze and improve the content, materials and services that we make available on the Sites, to notify you of changes made to the Sites, to evaluate user needs and improve the Sites’ content, to send you promotional materials and to support our continuing efforts to offer users the information and services we think they want most.
• To contact you (including through interest-based/behavioral advertising and other targeted advertising) about our own or third parties’ products and services that may be of interest to you.
• To provide service and support to you and to respond to your inquiries, and to investigate and address your concerns to improve our services and our restaurants.
• To enhance, personalize and customize your experience and enjoyment using our Sites, products and services, such as understanding your dining history, to make recommendations about our other restaurants you may like.
• To deliver targeted advertisements to you and other visitors of our Sites.
• In any other way we may describe when you provide the information or to fulfill the purpose for which you provide it.
• For any other purpose with your consent.

With whom do we share the information we collect?
We do not share, sell, or otherwise disclose your personal information for purposes other than those outlined in this Privacy Notice. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may share information that we collect about you or that you provide to us (as described in this notice):

• With our subsidiaries and affiliates (including our restaurants);
• With our Contractors to support our business, including those that help us manage and administer the Friends and Family Clubs, process online orders or provide us with marketing and advertising services;
• If all or part of SRG is sold, merged or otherwise transferred to another entity, we may transfer your information to such entity as part of that transaction; and
• For any purpose disclosed by us when you provide the information and with your consent.

Our Sites may allow you to connect and share your actions, comments, content and information publicly or with friends. Our Sites may also allow you to connect with us on, share on and use Third-Party Platforms, including those on which we have a presence. Please be mindful of your personal privacy needs and the privacy needs of others as you choose whom to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others. SRG also does not control the privacy practices of Third-Party Platforms. Please contact those sites and services directly if you want to learn about their privacy practices.

We may disclose collected information to the proper authorities if we become subject to a subpoena or court order or if we believe that we are otherwise legally compelled or requested to disclose such information. We may also use and disclose information about you to establish or exercise our legal rights, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

What choices do you have?
You are under no obligation to provide us with personally identifiable information, but without it we may not be able to provide you the products or services you request. You can review and change your personal information by logging into the Sites and visiting your account profile page. You may also send us an e-mail at [email protected] to request access to, correct or delete any personal information that you have provided to us. You may contact us as indicated below if at any time you would like to ask us about our data collection practices and our information security policy. If you disagree with our privacy policies, we encourage you to refrain from accessing, using or registering with our Sites.

You may opt out of receiving promotional emails from us by following the instructions in those emails. If you do opt out, we may still send you non-promotional emails, such as emails about your SRG Friends and Family Clubs or our ongoing business relations. You may also send requests about your contact preferences or changes to your information, including requests to opt out of sharing your personal information with third parties, to our contact information below. 

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Sites. In addition, most mobile devices allow you to turn off location services. For more information about how to do this, please contact your mobile service carrier or your device manufacturer. If you choose to turn off location services, this could affect certain features or services of our Sites.

How Do We Protect Information Collected About You?
SRG and our Contractors have in place certain commercially reasonable security measures to protect the information we collect from you, but the storage and communication of such information can never be completely secure. Hence we do not guarantee that information that you transmit or otherwise supply to us, or any communications conducted on or through the Sites, is or will be totally secure. SRG does not itself store your credit or debit card account information, and we do not have direct control over or responsibility for your credit or debit card account information. Our contracts with third parties that receive your credit or debit card account information require them to keep it secure and confidential. If you become aware of any breach of Site security, this Privacy Policy, or the Terms of Use, please notify us immediately.

California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. 

This Privacy Notice for California Residents supplements the information contained in the Simms Restaurants Group (“SRG”) Privacy Notice that this is attached to and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) in effect as of the Effective Date shown above and any terms defined in the CCPA have the same meaning when used in this notice. We may update this Privacy Notice for California Residents as necessary and in the event of changes in the CCPA. Note that this notice does not apply to our team members. Please contact your store manager or other supervisory personnel if you are a team member and would like additional information about how we process your Personal Information.

Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”) when you use our Website or Mobile Application or when you participate in the Friends and Family Club. Within the past 12 months from the Effective Date of this Privacy Notice for California Residents, SRG has collected, through its restaurants, Website, and Mobile Application and through the Friends and Family Club the following categories of personal information from its guests (consumers) (note that we may not collect all of the examples listed below):

Category – Examples

Identifiers
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.

Personal information categories listed in the California Customer Records statute
A name, signature, address, telephone number, bank account number (for catering orders), credit card number, or debit card number. Some personal information included in this category may overlap with other categories.

Protected classification characteristics under California or federal law
Age (40 years or older) (through date of birth) or sex (including gender and gender identity).

Commercial information
Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Internet or other similar network activity
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

Geolocation data
Physical location or movements.

Sensory data
Audio, electronic, visual, thermal, olfactory, or similar information (including Closed Circuit TV information).

Inferences drawn from other personal information
Profile reflecting a person’s preferences.

Personal information does not include information that is: (a) publicly available information from government records; (b) deidentified or aggregated consumer information; or (c) information excluded from the CCPA’s scope, like: (i) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and (ii) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

SRG obtains the categories of personal information listed above from the following categories of sources:

• Directly from you. For example, from forms you complete or from orders you place for our menu items and services at SRG restaurants;
• Indirectly from you. For example, from observing your actions on our Website, when you use the Mobile Application, or visit one of our restaurants;
• From third party service providers that we use to support our business, including those that help us process online orders or manage the Friends and Family Club;
• From third party meal delivery services;
• From third party service providers who provide us with information regarding consumers who may have an interest in our menu items and services; and
• Any other sources specified in our Privacy Notice.

Use of Personal Information
We may use or disclose the personal information we collect 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 ask a question about our products or services, we will use that personal information to respond to your inquiry; if you provide your personal information to order menu items (whether through our Website, through our Mobile Application, or in one of our restaurants), we will use that information to process your payment and facilitate fulfilling your order. We may also save your information when you participate in the Friends and Family Clubs and to facilitate new orders;
• To provide, support, personalize, and develop our Website, Mobile Application, menu items, and services;
• To create, maintain, customize, and secure your Friends and Family Clubs or other online ordering account with us;
• To process your requests, purchases, transactions, and payments and prevent transactional fraud;
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our services;
• To personalize your Website and Mobile Application experience and to deliver content and offers on menu items and services relevant to your interests, including targeted offers and ads as a result of your participation in the Friends and Family Clubs or otherwise through our Website, Mobile Application, third-party sites, and via email or text message (with your consent, where required by law);
• To help maintain the safety, security, and integrity of our Website, Mobile Application, restaurants, products and services, databases and other technology assets, and business;
• For testing, research, analysis, and menu item development, including to develop and improve our Website, Mobile Application, menu items, and services;
• 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;
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of SRG’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by SRG about our restaurant guests (including Friends and Family Clubs members) are among the assets transferred; and
• Any other purpose described in our Privacy Notice.

SRG 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.

Sharing Personal Information
We do not sell, rent, release, disclose, disseminate, make available, transfer, or otherwise communicate your personal information to another organization for monetary or other valuable consideration. However, SRG may disclose your personal information to a third party for one or more business purposes. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and to not use it for any purpose except performing the contract

We share your personal information with the following categories of third parties:

• Service providers.

Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, SRG has disclosed the following categories of personal information for a business purpose:

• Category A: Identifiers.
• Category B: California Customer Records personal information categories.
• Category C: Protected classification characteristics under California or federal law.
• Category D: Commercial information.
• Category F: Internet or other similar network activity.
• Category G: Geolocation data.
• Category H: Sensory data.
• Category K: Inferences drawn from above.

We disclose your personal information for a business purpose to the following categories of third parties: 

• Service providers.

Sales of Personal Information
In the twelve (12) months preceding the effective date of this Privacy Notice for California Residents, SRG had not sold personal information.

Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that SRG 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 verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
• sales, identifying the personal information categories that each category of recipient purchased; and
• disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
• Deletion Request Rights

You have the right to request that SRG 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 (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

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 us by either:

Visiting www.eatsimms.com
Emailing us at [email protected]

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

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. However, if you have an account, you may also exercise some of the above rights through our Mobile Application.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us (including a Friends and Family Clubs account or other online ordering account), we will deliver our written response to the contact information you provided in that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

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.

Personal Information Sales Opt-Out and Opt-In Rights

We do not sell the personal information of consumers and therefore do not provide any opt-in or opt-out capabilities on our website or otherwise.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not, solely as a result of your exercise of your rights under the CCPA:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties. However, we will continue to offer you discounts and other benefits if you choose to participate in the Friends and Family Clubs.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

You may voluntarily participate in our Friends and Family Club. If you elect to participate, we may collect certain personal information about you as described in this Privacy Notice for California Residents or our general SRG Privacy Notice. As part of your participation in the Friends and Family Clubs, we may from time to time provide you with certain offers for menu items, which may result in different prices for certain menu items. You may find out more about the specific terms of your participation in the Friends and Family Clubs in our Mobile Application or on our Website.

Shine the Light Law
California Civil Code Section § 1798.83 permits users of our Sites that are 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 e-mail to us at [email protected] or write to us at the address specified below.

Any questions? Please contact us at:
Simms Restaurants Group
108 Arena St.
El Segundo, CA 90245
Telephone: 310-546-6250
Email: [email protected]