Earl Enterprises, Inc.

Privacy Policy

Our Privacy Policy for the Settlement Site

Your privacy and security of your personally identifiable information is of the utmost importance to Earl Enterprises. This Privacy Policy explains how we may use and disclose personal information obtained through the official settlement website (administered by the Claims Administrator, on behalf of Earl Enterprises, under the authority of the Court) in connection with the class action lawsuit arising from the unauthorized access of the data system that stores customer data of Earl Enterprises, Inc. This Privacy Policy is intended to help you understand what information we collect, how we may use your information and with whom we may share it, what choices you have regarding your information, and the security measures that we employ. Please read it carefully before or while participating in the claims process and submitting your personal information. By accessing or using the website, or by submitting a claim, you indicate that you agree to the privacy practices described in this Privacy Policy.

Coverage of This Policy

This Privacy Policy applies solely to information collected through the official website for the Earl Enterprises data settlement (“Site”) maintained by the court-appointed Claims Administrator, subject to administration by the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, Class Action No. 2018-CA-10309-O. In addition, this Privacy Policy covers information collected about persons who reside in the United States and are eligible class claimants under the class action settlement (i.e., those who made credit or debit card purchases at any of the affected Earl Enterprises restaurants including Buca di Beppo, Planet Hollywood, Earl of Sandwich, Chicken Guy, Tequila Taqueria, or Mixology 101 between May 23, 2018 and March 18, 2019); it does not apply to information collected by Earl Enterprises, Inc. outside of the context of this settlement or by third parties unaffiliated with the claims process.

Information Collection

To administer the class action settlement, the Claims Administrator collects certain personal information from persons who submit a Claim Form or any other inquiry to the Claims Administrator. This information may include:

  • Full name
  • Mailing address
  • Email address
  • Telephone number
  • Last four digits of payment card used at an impacted restaurant
  • Your transaction record(s) at impacted restaurants
  • Supporting documents (e.g., receipts, proof of payment, proof of loss and/or similar documents)
  • Any correspondence you submit to the Claims Administrator

All of the information we collect is limited to that necessary to verify your eligibility, process your claim (if applicable), respond to your questions, and confirm the validity of your claim or inquiry. We do not knowingly collect information from children under the age of 18 and this website is not intended for children.

Information Use

Your personal information collected through the settlement website will be used for purposes related to the class action settlement, including:

  • Verifying your eligibility to participate in the settlement
  • Processing and administrative functions of claim forms
  • Corresponding with you regarding the status of your claim and any applicable deadlines, or requesting additional information required on your claim form
  • Providing answers to your questions regarding the settlement
  • Meeting any legal and regulatory requirements as directed by the Court

Your personal information will not be used for marketing purposes, nor will it be sold, rented, or shared with third parties except as provided in this Privacy Policy or as required for all necessary legal and administrative purposes to effect the operation and implementation of the settlement.

Information Disclosure

We will not disclose your personal information except for the following limited purposes:

  • To the court-appointed Claims Administrator and employees of the Claims Administrator charged with processing claims to ensure that you are receiving the benefits to which you are entitled
  • To the Circuit Court and your counsel of record as necessary for the administration of the settlement or as part of the official court file in this litigation
  • To third party service providers that have been engaged by the Claims Administrator (such as payment processors or data verifiers), but only to the extent necessary to allow for the processing of claims, and subject to such third party service providers agreeing to maintain the confidentiality of your personal information
  • As authorized by law, court order, or other legal process

We have not disclosed your personal information to Earl Enterprises, Inc., its restaurant brands, or unrelated third parties for commercial marketing purposes.

Security of Information

Protection of Your Personal Information: The Claims Administrator has implemented and will implement appropriate measures to protect your personal data against loss, theft, or unauthorized access, disclosure, alteration, or destruction. These measures include:

  • Secure, encrypted online form submission
  • Access to information restricted on a need-to-know basis
  • Periodic monitoring for security risks or vulnerabilities
  • Regular data security audits and compliance monitoring
  • Secure storage and destruction of paper files when no longer required

Despite these efforts, no method of transmission over the Internet or method of electronic storage is 100% secure. We recommend that you also take precautions when transmitting personal information online. Please call the Claims Administrator immediately if you suspect your data has been misused over the internet.

Information Retention and Destruction

Any personal information that is collected and provided to the settlement will be kept only as long as necessary to process that information to achieve the purpose for which it was collected, to meet any regulatory, legal, or accounting requirements, or to investigate a claim, dispute, or audit. Once your claim has been paid and settlement administration concluded, your personal information will be securely destroyed or otherwise rendered anonymous, in accordance with industry best practices and this Court’s instructions. The Claims Administrator follows strict protocols regarding the secure destruction of electronic and hardcopy records.

Your Individual Rights and Choices

As an affected customer and participant in the settlement, you have rights concerning your personal information:

  • You can review, correct, or update information you have submitted to the Claims Administrator.
  • You can withdraw your claim or request that your information be deleted to the extent permitted by the settlement and federal, state, and local law.
  • You can ask questions or obtain additional information regarding how your information is used and disclosed.
  • You can object to certain uses or disclosures of your information, to the extent that objection is permitted under the court-supervised settlement process.

If you would like to exercise any of these rights, please contact the Claims Administrator using the contact information on this website.

Cookies, Data Analytics and Tracking Technologies

The settlement website may utilize cookies and other similar technologies to provide a secure browsing experience, facilitate navigation, improve user experience, and for related purposes. Such cookies are restricted to the strictly necessary, such as maintaining the session and site security. There is no use of third-party analytic, advertising, or tracking technologies that include automatic gathering of personally identifiable information for commercial or profiling purposes. Technical log files are used solely to monitor the performance of the site and system security; no use is made of such data to identify individual claimants.

Third Party Service Providers

As part of the claims administration of the settlement, the Claims Administrator may use third party service providers to perform technical, administrative, or payment processing services. All such service providers are contractually obligated to maintain strict confidentiality as well as to be bound by this Privacy Policy and implement appropriate safeguards with regard to your information. We employ appropriate due diligence and oversight to ensure that the third-party servicers maintain high standards for the protection of your information.

International Data Transfers

This settlement applies to residents of the United States only. All personal information is processed and stored in the United States. We do not knowingly transfer information out of the United States; however, in the unlikely event that a service provider to us operates outside the US, we require that your data is protected per this Privacy Policy and all applicable privacy laws of the United States.

Children

The Claims Administrator ([email protected]) will not knowingly collect, solicit, or maintain personal information of any kind from persons under 18 years of age. If you suspect that a child has provided personal information in connection with the settlement, you must notify the Claims Administrator immediately so that appropriate steps may be taken to remove the information from our databases.

Changes to This Privacy Policy

We may revise or modify this Privacy Policy from time to time to reflect changes in the settlement process and applicable laws or procedures regarding data protection. Changes will be reflected on this website with a clearly marked effective date. We encourage you to review this policy periodically to ensure your knowledge of our privacy practices. Your use of the site and participation in the settlement following the implementation of any changes constitutes your acceptance of the policy as it then exists.

Legal Basis of Processing

Our processing of the information that you submit is based on one or more of the following legal bases:

  • Your consent, as evidenced by your voluntary submission of a claim form or inquiry
  • Our processing of your information is required to support our obligations under the court-approved settlement agreement
  • Legal or regulatory compliance, as required by the Circuit Court
  • Our legitimate interest in maintaining the integrity and security of the settlement process

We only process the minimum personal information that is necessary to achieve these purposes.

Contact Claims Administrator

If you have questions about this Privacy Policy, your rights, or the settlement process, please reach out to the Claims Administrator. The Claims Administrator handles every aspect of inquiry handling and claim processing and is the only party who will address any inquiry concerning privacy or claim issues. Contact information and instructions for submitting inquiries can be found on this website. For additional assistance or to exercise your data rights, contact the applicable methods on this website. Earl Enterprises, Inc. and its restaurant brands are not authorized to respond to settlement or privacy questions.

Your Information and Best Practices

While we care for your data, you play an important part in keeping your information safe. Your security relies on you to keep the information you provide accurate and current. Use strong and secure networks whenever providing sensitive information online. Keep your claim information and personal login credentials private. Report any suspicious or unauthorized activity concerning your claim information to the Claims Administrator as soon as possible.

Notice to Residents of California

If you are a California resident with regard to the personal information at issue in this case, you may have additional rights under the California Consumer Privacy Act (“CCPA”). Those rights may include rights of access, deletion, and opt out, among others. While the settlement process is governed by federal court procedural and substantive law, we intend to honor applicable state privacy laws. For additional information or to exercise your CCPA rights if applicable, please contact the Claims Administrator as directed on this website.

Links to and Interaction with Other Websites

The Settlement Home Page does not link to third-party websites that are not related. If materials or information is provided from any external website (for example, court filings or legal notices), we have no control over the privacy practices or content of external websites. We urge you to consult the privacy policies of any such external websites you visit.

Filing a Complaint, Concern or Comments

If you have a complaint about the way we’ve handled your personal information, or if you think we’ve violated your privacy rights in some other way, call the Claims Administrator right away at the number listed on this website. We take all privacy complaints very seriously and will investigate your complaint as soon as possible. If you don’t think it was resolved satisfactorily, you may also have the right to present your concerns to the Circuit Court of the Ninth Judicial Circuit.

I can’t make out who wrote that or where it comes from, but I think it answers some questions about all of the privacy complaints necessitated by the settlement. Yes, I’m kidding, but no, I do not know for a fact that Tyrole impact in Guatemalan sleep masks were delivered to Mayfield Fund at U.C. Berkeley.

List of Important Settlement Deadlines and Rights

To request a share of the class action settlement and preserve your rights, you must submit a claim form by January 5, 2024. The settlement will be administered at no cost to eligible claimants. You may ask to exclude yourself from the settlement, object to it, or attend the court’s fairness hearing on February 12, 2024 at the Circuit Court of the Ninth Judicial Circuit, 425 North Orange Avenue, Orlando, Florida 32801. If you do nothing, you will lose any right to compensation. For more information or questions, contact the Claims Administrator using the information on this website.

Glossary of Terminology

  • Claims Administrator: Person or persons appointed by the court and tasked with implementing the settlement, processing claims, and responding to inquiries about the settlement.
  • Settlement Class: All persons residing in the U.S. who made purchases by credit card or debit card at any affected Earl Enterprises restaurant during the incident period.
  • Personal Information: Any of the following information that identifies, or may be used to identify a specific person: name, contact information, and transaction information.
  • Data Breach: The unauthorized access to and disclosure of customer payment card data that occurred at Earl Enterprises, Inc., between May 23, 2018, and March 18, 2019.
  • Court-approved Settlement: The settlement that resolves the claims of the affected customers and is overseen by the Circuit Court of the Ninth Judicial Circuit.

Our Commitment to Transparency and Accountability

We are committed to full transparency regarding the manner in which your information is collected, used, and safeguarded during the claims process. We conduct business in accordance with privacy practices such as complying with the law, being a good steward of your information, and safeguarding the rights of an “injured” customer. The Claims Administrator is under direct court supervision and therefore all privacy and security requirements are strictly adhered to.

Effective Date of This Privacy Policy

This Privacy Policy is effective October 1, 2023, until amended or updated. Any changes to this policy will be prominently posted on this website. We encourage you to check this page periodically for the latest information on your privacy rights and our privacy policy.

Contact Information and Questions

For all questions, concerns, and requests for information about privacy, claims, and/or the settlement process, please direct your communications solely to the Claims Administrator. The Claims Administrator is the only agent authorized to take any substantive action in the Earl Enterprises data settlement. Information on how to contact the Claims Administrator and how to submit claim forms and/or inquiries is clearly set out on this website. We encourage you to be vigilant and proactive in preserving your rights and ensuring compensation under the claim terms of the settlement.