PRIVACY POLICY

Thank you for visiting a website owned or controlled by Benihana Inc., a Delaware corporation and its subsidiaries (collectively “we,” “us” or “Benihana“). Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices and the choices you can make about the collection and use of the personal information you submit on this website. As set forth below, we will not sell or rent your personal information or any other nonpublic personal information to third parties. For purposes of this Privacy Policy (“Policy” or “Privacy Policy”), the terms “you” and “your” refers to you, as a user of our website. The Privacy Policy below governs any information you provide on this website.

At our Internet website(s) (“Website”), you can learn about us, view our products, purchase Benihana merchandise, send e-greeting cards, and request information. We collect two types of information: personally identifiable information and non-identifiable information.  We collect personally identifiable information only when you engage in specific transactions with us (such as purchasing a gift card or making a reservation) and when you enter that information into the Website and the types of personally identifiable information that may be collected include: name, e-mail and physical address, credit card information, telephone number and any other data entered or modified on the Website. At our Website, you can also submit the same information about other people. For example, you might submit information about a person in order to send them merchandise or an e-greeting card. The types of personally identifiable information that may be collected about other people at these pages include: recipient’s name and e-mail and physical address. At certain parts of our Website(s), only persons who provide us with the requested personally identifiable information will be able to purchase merchandise or otherwise participate in our Website’s activities and offerings.

We may also collect certain non-identifiable information when you visit many of our Web pages such as your IP address, the type of browser you are using, the type of operating system you are using, and the domain name of your Internet service provider.  Your IP address may be tracked by third-party websites not affiliated with Benihana who may be able to tie your IP address to you in a personally identifiable way.  Benihana does not assist with, participate in, or have any control over third-parties’ ability to de-anonymize your IP address.

Last Updated: August 28, 2020
Benihana Inc. (“Company,” “we,” “our,” or “us”) takes your privacy seriously. We want you to know how we collect, use, share, and protect your Personal Information and about the rights of California Consumers under California law.

This Privacy Policy addresses the following topics

• The Scope of this CA Privacy Policy
• The Company’s Collection, Use and Disclosure of Personal Information
• Your California Privacy Rights
• How to Exercise Your Rights
• Additional California Rights
• Additional Rights Under California Law
• Changes to This CA Privacy Policy
• For More Information

The section of this policy entitled, “The Company’s Collection, Use and Disclosure of Personal Information”, serves as your Notice at Collection required by California law when we collect personal information about you online.

The Scope Of This CA Privacy Policy

What Is Personal Information?
“Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California Consumer or household.

Whose Personal Information Is Covered By This Policy?
This California Privacy Policy (“CA Privacy Policy”) applies to the Personal Information of residents of the State of California in their capacity as consumers (“California Consumers”).

What Personal Information Does This Privacy Policy Cover?
This Privacy Policy applies to all Personal Information of California Consumers that we collect both online and offline, including through California Consumers’ (a) visits to our website, and (b) use of our services and purchase of our products that references this Privacy Policy (collectively, the “Services”).

Whose Personal Information Is Not Covered By This CA Privacy Policy?
For purposes of this CA Privacy Policy, “Personal Information” does not include the personal information of California residents who are:

• Company’s employees, job applicants, owners, directors, officers, medical staff members,or independent contractors (collectively, “HR Individuals”), or the emergency contacts ofHR Individuals or the dependents or spouses who receive Company benefits by virtue oftheir relationship to an HR Individual in their capacities as HR Individuals or emergencycontacts, dependents, or spouses; or
•  Employees or other agents of a business engaged in a transaction with Company in their capacities as employees or agents of that business.

What Else Should I Know about the Company’s Handling of California Consumers’ Personal Information?
Please read Company’s General Privacy Policy available at https://www.benihana.com/privacy-policy/ carefully, as they contain important information about your use of the Services. If you have any questions, please contact us using the information below.

The Company’s Collection, Use and Disclosure of Personal Information

This section of the CA Privacy Policy describes, for the 12 months preceding the date last updated, above, (a) the categories of Personal Information we have collected about you, (b) the sources of that Personal Information, (c) the business and commercial purposes for use, and (d) the categories of third party recipients of your Personal Information. Unless we inform you otherwise, this section also serves as our “Notice at Collection” by informing you of your Personal Information to be collected in the future and the purposes for its use.

Categories Of Personal Information Collected
In the last 12 months, Company collected the following categories of Personal Information about California Consumers:

• Identifiers, including: name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, and account name
• Categories described in Cal. Civ. Code § 1798.80(e) (except those already listed in “Identifiers” above), including: date of birth
• Characteristics of protected classifications under California or federal law, including: gender, family information
• Commercial information, including: products and services purchased, date of purchase
• Internet or other electronic network activity information, including: browsing history, last website visited
• Sensory information, including: surveillance video captures
• Financial Information, including: credit card or debit card information
• Profile information, including: feedback on surveys, attitudes collected from open-ended comments left by users on Company website, purchasing patterns, favorite store location (including how often you visit and when you visit), favorite type of food and beverages

Sources of Personal Information and Purposes for Using Personal Information

In the last 12 months, Company collected the categories of Personal Information listed above from the following sources and used those categories of Personal Information for the following purposes:

Categories of Personal Information Collected in the Last 12 Months	Sources of that Personal Information	Business Purposes and Commercial Purposes for Collecting that Personal Information
Identifiers • name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address	Directly from the California Consumer	• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, and providing analytic services. • Communications about promotions, for example, by communicating about special events, sweepstakes, promotions and surveys. • Facilitating communications, for example, by collecting and organizing contact information, establishing means of communications, and communicating with current and prospective customers, including regarding questions and feedback. • Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting impressions to unique visitors, verifying positioning and quality of impressions, and auditing compliance with the law. • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
Categories described in Cal. Civ. Code § 1798.80(e) • date of birth	Directly from the California Consumer	Performing services, including maintaining or servicing accounts, providing customer service, processing and transactions, verifying customer information.
Characteristics of protected classifications under California or federal law • gender, family information	Directly from the California Consumer	• Performing services, including maintaining or servicing accounts, providing customer service, providing advertising or marketing services, and providing analytic services. • Facilitating communications, for example, by collecting and organizing contact information, establishing means of communications, and communicating with current and prospective customers, including regarding questions and feedback. • Communications about promotions, for example, by communicating about special events, sweepstakes, promotions and surveys.
Commercial information • Products and services purchased, date of purchase.	Directly from California Consumers	• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, and providing analytic services. • Facilitating communications, for example, by collecting and organizing contact information, establishing means of communications, and communicating with current and prospective customers, including regarding questions and feedback. • Communications about promotions, for example, by communicating about special events, sweepstakes, promotions and surveys.
Internet or other electronic network activity information • Browsing history, last website visited	Automated technologies in the website	• Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity. • Debugging to identify and repair errors that impair existing intended functionality.
Sensory information • Surveillance video captures	From surveillance cameras at store locations	• Undertaking internal research for technological development and demonstration. • Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting impressions to unique visitors, verifying positioning and quality of impressions, and auditing compliance with the law. • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity. • Debugging to identify and repair errors that impair existing intended functionality. • Short-term, transient use. • Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, and providing analytic services. • Undertaking internal research for technological development and demonstration. • Undertaking activities to verify or maintain the quality or safety of Services, and to improve, upgrade, or enhance the Services.
Financial Information • credit card or debit card information	Directly from California Consumers	• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, and providing analytic services.
Profile information • feedback on surveys, attitudes collected from open-ended comments left by users on Company website, purchasing patterns, favorite store location (including how often you visit and when you visit), favorite type of food and beverages	Directly from California Consumers	• Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, and providing analytic services. • Undertaking internal research for technological development and demonstration. • Product and service training, for example, by providing training and information on using, servicing, selling, and displaying Company’s products and services. • Communications about promotions, for example, by communicating about special events, sweepstakes, promotions and surveys. • Facilitating communications, for example, by collecting and organizing contact information, establishing means of communications, and communicating with current and prospective customers, including regarding questions and feedback.

Disclosure Of Personal Information To Third Parties

In the last 12 months, Company disclosed the following categories of Personal Information about California Consumers to the following categories of third parties for a business or commercial purpose.

Category of Personal Information	Categories of Third Parties
Identifiers • name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address	• marketing and advertising service providers • service providers for online ordering and delivery • payment processing service provider
Categories described in Cal. Civ. Code § 1798.80(e) • date of birth	• marketing service provider
Characteristics of protected classifications under California or federal law • gender, family information	• marketing service provider
Commercial Information • products and services purchased, date of purchase	• payment processing service provider • service providers for online ordering and delivery
Internet or Other Electronic Network Activity Information • browsing history, last website visited	• marketing and advertising service providers
Financial Information • credit card or debit card information	• marketing and advertising service providers • payment processing service provider
Profile Information • feedback on surveys, attitudes collected from open-ended comments left by users on Company website, purchasing patterns, favorite store location (including how often you visit and when you visit), favorite type of food and beverages	• marketing and advertising service providers

No Sale of Personal Information
The Company does not and will not sell California Consumers’ Personal Information.

Your California Privacy Rights

Right to Know
California Consumers have the right to submit a verifiable request to know:

• The categories and specific pieces of Personal Information that Company has collected about them;
•  The categories of sources from which Company collected the Personal Information;
• The categories of Personal Information that Company sold or disclosed to a third party (other than a service provider) for a business purpose and the categories of recipients of that information; and
• The business or commercial purposes for Company’s collection, disclosure, or sale of the Personal Information.

Right to Delete

• California Consumers have the right to submit a verifiable request for deletion of their Personal Information that Company has collected from the Consumer.

Right to Opt Out of Sale of Personal Information

• California Consumers have a right to opt-out of the sale of the Personal Information. However, as stated above, Company does not and will not sell Personal Information.

HOW TO EXERCISE YOUR RIGHTS
a) Making Requests
Company will respond to requests in accordance with applicable law if it can verify the identity of the individual submitting the request. California Consumers can exercise their rights in the following ways:

• Complete the online request form available here
• Contact by telephone: 833-516-0018
• In our restaurants: You may complete and submit a form in person.

Requests By Authorized Agents
You can have an authorized agent submit a CCPA request to us on your behalf by (a) providing us with a written authorization signed by you that designates the agent as your authorized agent for purposes of a CCPA request; (b) verifying your identity directly with us; and (c) directly confirming with us that the agent is authorized to submit the request.

b) How We Will Verify Your Requests
To prevent anyone other than you, or your authorized agent, from exercising the right to know or the right to delete with respect to your personal information, we follow procedures to verify your, or your agent’s, identity. This process seeks to confirm that the person making a request is the person about whom we have collected personal information or that person’s authorized agent. The verification process involves matching data points that you provide with your request against information about you we already have in our records and that we have determined to be reliable for purposes of verifying your identity. We will use information you provide in your completed request form to verify your identity, and we may request additional information if necessary to complete the verification process.

ADDITIONAL RIGHTS UNDER CALIFORNIA LAW

a) The Company’s Non-Discrimination Policy
California Consumers have the right not to be subject to discriminatory treatment by Company for exercising their privacy rights under the California Consumer Privacy Act, and Company will not discriminate on that basis. However, Company may charge a California Consumer a different price or rate or provide a different level or quality of goods or services if the difference is reasonably related to the value provided to the California Consumer by the Consumer’s Personal Information. Company offers gift certificates to guests who register with the Company and provide their personal information. This is an optional program to allow our Company to serve the needs of our customers better. For more information, please refer to the Participation in Our Financial Incentive Program section below.

b) Participation in Our Financial Incentive Program
We offer our guests gift certificates ranging from $30 annually to $20 biannually depending on the respective Company restaurants in exchange for the guests’ providing us with the following categories of personal information: (a) Identifiers such as: name, address, email address, date of birth, gender and phone number; and (b) preference information, such as the guest’s preferred restaurant location, frequency of visit, meal time preference, and preferred meal and beverage type. The personal information provided will be used to tailor the marketing communications about promotions and events that we send to you. This program is purely voluntary; we will provide you with the same high quality of service if you choose not to participate in the program. We will not sell the personal information you provide to receive the financial incentive. For more information or to opt-in, please see the available here.

c) Your Right to Information About Disclosures of Personal Information for Direct Marketing Purposes
Under California law, California Consumers can request information from us whether we have disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. We will not sell your Personal Information to, or share it with, third-party companies for their direct marketing purposes without your consent. California Consumers desiring to request further information about our compliance with these laws or who have questions or concerns about our privacy practices and policies are welcome to contact us using the contact information below.

d) Your ‘Do Not Track’ Browser Setting
The Site collects personally identifiable information about your online activities over time and across third-party websites or online services. We do not support the Do Not Track (DNT) browser setting. DNT is a preference you can set in your browser’s settings to let the websites you visit, including the Site, know that you do not want the sites collecting your personally identifiable information.

e)Third-Party Links And Services
We provide links to third party websites operated by organizations not affiliated with Company. We do not disclose your Personal Information to organizations operating such linked third-party websites. We do not review or endorse, and are not responsible for, the privacy practices of these organizations. We encourage you to read the privacy policy of each and every website that you visit. This Privacy Policy applies solely to information collected by Company through the Services.

CHANGES TO THIS CA PRIVACY POLICY
If we change this Privacy Policy, we will post those changes on this page and update the Privacy Policy modification date above. If we materially change this Privacy Policy in a way that affects how we use or disclose your personal information, we will notify you by prominently posting a notice of such changes before making them and by stating the effective date of the changes.

FOR MORE INFORMATION
For questions or concerns about Company’s privacy policies and practices, please contact us at production@benihana.com.

Data collected is used to complete your gift card purchase and is never sold, traded or otherwise offered to any third party. If you do not wish your gift card purchase to be recorded, do not use the website. To ensure the security of your information, we maintain our database systems, use encryption methodologies and safeguards to protect the information collected during your purchase. We also make use of 128-bit SSL (Secure Socket Layer) encryption.
By using our website, you consent to the collection and use of this information by Benihana and any organization related to your gift card or certificate purchase. If you do not wish to consent to the herein mentioned collection and use of this information, please do not use this website.The following are examples of information and records that could be maintained in order to provide services: when you order, we need to your name, email address, mailing address, credit card number and expiration date. We also must collect shipping, phone and email information in order to ensure the safe and proper delivery of gift cards. This allows us to process and fulfill your order and to notify you of your order status. In the case you order for a third-party and would like that sent directly to such party, you may need to provide a person’s name and other personal information. We save the minimum amount of information in order to process the order and maintain our records.

We may send “cookies” to your computer primarily to enhance your online experience. “Cookies” are files that can identify you as a unique user and store your personal preferences as well as technical information (including click through and click stream data). Cookies can either be permanent (i.e., they remain on your computer until you delete them) or temporary (i.e., they last only until you close your browser). We may also use tracking systems such as “Web beacons,” which monitor your use of our Website. Tracking systems are small strings of code that provide a method for delivering a graphic image on a Web page for the purpose of transferring data, such as the IP (Internet Protocol) address of the computer that downloaded the page on which the Web beacon appears, the URL (Uniform Resource Locator) of the page on which the Web beacon appears, the time the page containing the Web beacon was viewed, the types of browser that fetched the Web beacon and the identification number of any cookie on the computer previously placed by that server. When corresponding with you via HTML capable e-mail, Web beacons let us know whether you received and opened our e-mail. On their own, cookies or Web beacons do not contain or reveal any personally identifiable information. However, if you choose to furnish the Website with personally identifiable information, this information can be linked to the data stored in the cookies/Web beacons. By accepting this Privacy Policy, you specifically agree to our described use of cookies and Web beacons. You may adjust your browser to reject cookies from us or from any other site. Additionally, by setting your Web browser to display HTML e-mails as text only, you may be able to prevent the use of some Web beacons. Please consult the “Help” section of your browser for more information. However, certain areas of our Website may only be accessed in conjunction with cookies or similar devices and you should be aware that disabling cookies or similar devices might prevent you from accessing some of our content.

We limit the use of information provided to us on our Website to accomplish the following: effect and administer the website; respond to your requests and purchases; customize your experience on our Website; and communicate with you about promotions we think will be of interest to you. We may also use information that you provide for market research purposes and other internal company strategy planning. When you enter certain information on our Website, we will offer you an effective way to opt out of the use of your information for marketing or promotional purposes. We will not knowingly share information provided by you with anyone except as required or permitted by applicable law. However, no data transmission over the Internet can be guaranteed to be one hundred percent secure. Accordingly, you should note that while it is our intent to hold private the information (not designated for publication) you transmit via our Website or by way of an Internet electronic mail system or service, we cannot promise or ensure that such information will remain confidential or secure. Moreover, your information is reviewed only by Benihana personnel and technicians supporting the website. We may disclose personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our terms of use, or as otherwise required by law. In addition, we may transfer information about you if we are acquired by or merged with another company.

We may also use cookies, pixels, beacons, or other web tracking technologies to track the amount of time spent on our sites or social media and whether or not certain content, such as video was viewed. We may work with a trusted third party to collect and process this information for us, based on our instructions and in compliance with our Privacy Policy.

We may also participate in interest-based advertising using similar technology. This means that you may see advertising on our website tailored to how you browse or shop, or you may see advertising for Benihana on other websites based on your browsing behavior across websites. Some websites where we may advertise belong to ad networks that use your web browsing history to choose which ads to display on their network websites; these ads include advertising for Benihana, but no personal information about you is collected by Benihana or shared by Benihana with those third party ad networks. Other websites where you see our ads, such as Facebook, may use interest preferences that you have chosen on those sites, as well as registration and other information about you, to choose which ads to display to you. Some internet browsers, websites such as Facebook and mobile devices offer opt-outs for interest-based advertising. Please refer to the website that you are visiting, your browser and/or your device settings for additional information. You can opt-out of receiving interest-based ads from third parties who are members of the Network Advertising Initiative (NAI) or who follow the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising by visiting the opt-out pages on the NAI website and DAA website. (Digital Advertising Alliance (DAA) and the Network Advertising Initiative

Our Privacy Policy applies only to your use of this Website. This Website contains links to other sites. These sites are governed by their own privacy statements and policies, and Benihana is not responsible for their operations, including but not limited to their information practices. We do not disclose personal information to those operating linked sites and we are not responsible for their practices. Links to other sites do not imply our endorsement of the materials or policies on those websites. You should read the privacy policies of each site you visit to determine what information that site may be collecting about you.

Currently, we use third party-placed tracking pixels and cookies from the following advertising delivery partner: Google AdWords, Snap, Inc., Twitter, Facebook, and TikTok.

We use third-party service providers to serve advertisements (text ads, banners or links) on our behalf across the Internet. These advertising service providers may collect non-identifiable information about your visits to our website, and your interactions with our products and services. Such non-identifiable information does not include your name, address, e-mail address or other personal information. The information is collected through the use of cookies and pixel tags (also known as action tags), which is industry-standard technology used by most major websites.

You can opt out of interest-based ads by Google through Ads Settings. When you opt out, you’ll still see ads but they may not be related to factors such as your interests or demographic details.

Ad Settings lets you opt out of ads shown to you based on factors such as your interests and demographic details on your computer’s browser. Opt out by visiting sites such as Digital Advertising Alliance (DAA), and the Network Advertising Initiative opt-out page.

We do not respond to Web browser “Do Not Track” signals at this time. To prevent us or third parties from tracking, you can access your browser settings and disable or delete your cookies.

This Privacy Policy is effective as of the expressed “Effective Date” written above and may be updated and modified from time to time by us in our sole discretion. We will notify you of any material changes, updates or modifications to this Privacy Policy by updating this Privacy Policy. Accordingly, we strongly encourage you to periodically review this Privacy Policy and our sites in order to keep apprised of our current privacy practices. If you do not agree to any provision of this Privacy Policy, or any update or modification thereto, please do not use our sites.

We do not knowingly collect or maintain Personal Information about children under the age of 13 unless the Personal Information is provided by a parent, legal guardian, or authorized adult. This Website is not intended for children under 13. If we learn that we have received Personal Information directly from a child who is under the age of 13, we will delete the information in accordance with applicable law. Visit the Federal Trade Commission website for more information on the Children’s Online Privacy Protection Act (COPPA).

If you have any questions or concerns about this Privacy Policy, its implementation, or would like to preclude the use of your information for any purpose, you may write to us at:

Benihana

Attention: Marketing Director

21500 Biscayne Blvd.; Suite 900

Aventura, FL. 33180