Privacy Notice for California Residents

If you are a California resident, please read the following Privacy Policy (“Policy”).

This Policy describes how information obtained from California consumers (as defined in the California Consumer Privacy Act of 2018, California Civil Code sections 1798.100 et seq. (“CCPA”)), including visitors to the websites found at www.moes.com, www.moesfranchising.com, and www.moesjobs.com (“Websites”), Moe’s mobile application (“Application”), and Moe’s company-owned and franchised-locations, where applicable (“Locations”) (the Websites, Application and Locations are collectively the “Sites”) is collected, used, sold, and disclosed. This Policy also explains how you can make requests of Moe’s Franchisor SPV LLC, Moe’s Stores LLC and Moe’s Franchisor LLC (“Moe’s,” “we,” “us” or “our”) to know about your Personal Information, delete your Personal Information, and opt-out of the sale of your Personal Information. Please note that this Policy applies to information collected by Moe’s.

Terms included in this Policy, including but not limited to, Personal Information and Service Provider, carry the same meaning in this Policy as they do in the CCPA.

For ease of reference, you may click on any of the following links to jump to one of the sections addressed below:

• California’s Shine the Light Law


• California’s Consumer Privacy Act

1. California Residents’ Rights Under the California Consumer Privacy Act
2. Categories of California Consumers’ Personal Information Collected, Sold,or Disclosed
3. Methods for Submitting CCPA Requests to Moe’s
4. Verification Process
5. Authorized Agents
6. Response Timing and Format
7. Do Not Sell My Personal Information
8. Financial Incentive Offers
9. Metrics Regarding CCPA Requests and Responses During the Previous Calendar Year
10. Children Under the Age of 13
11. Contact Us for More Information

California’s Shine the Light Law

Subject to certain limits under California Civil Code section 1798.83, California residents may ask Moe’s to provide them with (i) a list of certain categories of personal data that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. California residents may make one request per calendar year.

To make this request, you may contact Moe’s at the email address listed in the “Contact Us for More Information” section below. In your request, please state that you are a California resident and provide a current California address for our response. Please allow up to thirty (30) calendar days for a response. Moe’s reserves its right not to respond to such requests submitted to addresses other than those specified in the “Contact Us for More Information” section below.

CALIFORNIA’S CONSUMER PRIVACY ACT

1. California Residents’ Rights Under the California Consumer Privacy Act

   If you are a California resident, you have certain rights regarding information that is treated as Personal Information under the CCPA.

   • The right to know what categories of Personal Information are being collected, sold, or disclosed and the categories of sources of that Personal Information.
   
   

   You have the right to know what categories of Personal Information we collect, sell, or disclose about you, as well as the categories of third parties who purchased or received your Personal Information and the categories of sources of that Personal Information. These categories are described below in the “Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed” section below. We are also required to provide to you, before or at the point of collection, with a general notice about the categories of Personal Information collected by us and how we intend to use the collected Personal Information.

   • The right to access collected Personal Information
   
   

   You have the right to request that we provide a copy of your Personal Information that we collected, sold, or disclosed in the preceding twelve (12) months. Only you, or someone you legally authorize to act on your behalf, may make a request related to your Personal Information. You may submit a maximum of two requests in a 12-month period.

   You must provide sufficient information to enable us to reasonably verify your identity or that of your authorized agent. We will only use the Personal Information provided in your request to verify your identity or that of your authorized agent. Please note that we cannot provide any Personal Information in response to a request if we cannot verify your or your authorized agent’s identity, or your authorized agent’s authority to make the request on your behalf, and/or if we cannot confirm that the collected Personal Information relates to you.

   You are not required to create an account with us before submitting a verifiable request. You can submit your request using the online request form found at moes.truyo.com or by calling our toll-free number at 1-877-848-9787.

   After receiving and verifying your request, we will provide the following information (depending on your request):

   • The categories of Personal Information collected about you in the preceding twelve (12) months.
   • The sources of that Personal Information by category.
   • The business or commercial purpose(s) for collecting or selling that Personal Information.
   • The categories of third parties with whom we shared that Personal Information.
   • The specific pieces of Personal Information collected about you.
   
   

   If we sold your Personal Information or disclosed it for a business purpose, we will provide:

   • the categories of Personal Information sold in the previous twelve (12) months and the categories of third parties to whom the Personal Information was sold; and
   • the categories of Personal Information disclosed for a business purpose in the previous twelve (12) months and the categories of third parties to whom the Personal Information was disclosed.
   
   

   See the “Methods for Submitting CCPA Requests to Moe’s” section below for information on how you can exercise your right to access collected Personal Information. For more information, see also the “Response Timing and Format” section below.

   • The right to request deletion of Personal Information
   
   

   With certain exceptions, you have the right to request that we and our service providers delete Personal Information we or our service provider collected or maintained. Once we receive and verify your request, we will delete and instruct any applicable service providers to delete your Personal Information from our records, unless an exception applies.

   We and our service providers may deny a verified deletion request if we must maintain your Personal Information to:

   • Complete the transaction or provide a good or service requested by you for which we collected the Personal Information, or otherwise perform a contract between us.
   • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity.
   • Debug to identify and repair errors that impair existing intended functionality of our systems.
   • Exercise a legal right provided for by law, including exercising or ensuring free speech rights.
   • Comply with the California Electronic Communications Privacy Act (California Penal Code sections 1546 to 1546.4).
   • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest if:
     • the research adheres to all other applicable ethics and privacy laws;
     • deleting the Personal Information is likely to make the research impossible or seriously impair it; and
     • you provided informed consent during the initial data collection.
   • Enable our internal use in a manner that you would reasonably expect based on your relationship with us.
   • Comply with our legal obligations.
   • Otherwise use your Personal Information internally in a lawful manner that is compatible with the context in which you provided the information.
   
   

   See the “Methods for Submitting CCPA Requests to Moe’s” section below for information on how you can exercise your right to delete collected Personal Information.

   • The right to opt-out of the sale of Personal Information
   
   

   You have the right to opt-out of the “sale” of your Personal Information to other businesses or third parties. The CCPA defines “sell,” “selling,” “sale,” and “sold” to include selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means.

   Once we receive an opt-out request, we will act upon the request as soon as commercially reasonable, but no later than fifteen (15) business days from the date we receive the request. We will also notify all third parties to whom we have sold the Personal Information after receiving the request, but before we are able to comply with the request, that you have exercised your opt-out right and instruct them not to resell the Personal Information.

   However, if we have a good-faith, reasonable, and documented belief that the request is fraudulent, we will deny the request and provide you with an explanation of our rationale.

   You may elect to opt-in to the sale of Personal Information after opting-out. In the event that a transaction requires the sale of your Personal Information as a condition of completing the transaction, we will inform you of this and provide instructions on how you can opt-in.

   See the “Do Not Sell My Personal Information” section below for more on how to opt-out of the sale of Personal Information.

   • The rights of California consumers who are less than 16 years of age
   
   

   We do not sell the personal information of California consumers who we actually know are less than 13 years of age unless we receive affirmative authorization from the parent or guardian of a consumer less than 13 years of age. We do not sell the personal information of consumer who we actually know are at least 13 years of age and less than 16 years of age unless we receive affirmative authorization from the consumer.

   • The right to be free from discrimination
   
   

   You have the right to receive equal service and price and not be discriminated against if you exercise any of your CCPA rights. However, from time to time we may offer certain financial incentives, as permitted by the CCPA, that can result in different prices, rates, or quality levels of our products and/or services. 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.

2. Categories of California Consumers’ Personal Information Collected, Sold, or Disclosed

   We collect a variety of categories of Personal Information about California consumers, their household, and/or their devices, from both online and offline sources. We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated, or incompatible purposes without providing advance notice.

   In particular, we may have collected the following types of Personal Information in the last twelve (12) months:

   • Personal identifiers . Examples of these identifiers include, but are not limited to, a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
   • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) . Examples of this information include, but are not limited to, a name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
   • Protected classification characteristics under California or federal law . Examples of this protected information include, but are not limited to, age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
   • Commercial Information . Examples of such commercial information include, but are not limited to, favorite restaurant location, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
   • Geolocation Data . Examples of this information include, but are not limited to, your physical location or movements during interactions with us.
   • Inferred Data . Examples of this information include, but are not limited to, your preferences and characteristics
   • Website Usage . Examples of this information include, but are not limited to, information about a consumer's interaction with the Sites, Mobile App, or advertisements.
   • Employment Information . Examples of this information include, but are not limited to, current or past job history or performance evaluations.
   • Franchisee Applicant Information . Examples of this information include, but are not limited to, a name, address, email address, phone number, and general financial information.
   
   

   We may have obtained some or all of the Personal Information listed above from the following sources in the last twelve (12) months:

   • Directly from you. For example, we may collect the Personal Information listed above from forms you complete or products and services you purchase.
   • Indirectly from you . For example, we may collect usage information from observing your actions on the Sites.
   • Independently owned and operated franchisees . For example, we may collect the Personal Information listed above when you provide the information to an independently owned and operated Moe’s® franchisees to purchase products and services.
   • Third-party promotion and sweepstake vendors . For example, third-party promotion and sweepstakes vendors may provide us Personal Information, such as personal identifiers and/or personal information categories listed in the California Customer Records statute, that you have given to the vendor in the course of entering and participating in Moe’s sponsored contests or sweepstakes.
   • Third-party marketing vendors . For example, third-party marketing vendors may provide us with Personal Information, such as personal identifiers and/or website usage, when you open a promotional email or click on an online advertisement.
   
   

   We may have used, shared, and/or sold the Personal Information described above for one or more of the following business or commercial purposes in the last twelve (12) months:

   • To process your purchases of or requests for products or services.
   • To communicate with you about your use of the Sites, purchase of products or services, to receive a newsletter, and/or participation in a loyalty program, contests, promotions, coupons, and/or sweepstakes.
   • To respond to your inquiries and for other customer service purposes.
   • To advise you of changes or additions to the Sites, and/or any of Moe’s products or services.
   • To better understand how users access and use the Sites, to improve the Sites, to respond to user desires and preferences, and for other research and analytical purposes.
   • To help maintain the safety, security, and integrity of our Sites, products and services, databases and other technology assets, and business, as well as your account, orders, and deliveries.
   • To manage the Careers page on the www.moes.com and www.moesjobs.com websites, which is a tool utilized by Moe’s to assist in employment recruiting efforts.
   • To manage scheduling shifts, communicate with employees, and setup and provide employment benefits at company-owned Moe’s® locations.
   • To tailor the content and information that Moe’s may send or display to you, to offer location customization and personalized help and instructions, and to otherwise personalize your experiences while using the Sites.
   • To assist in advertising Moe’s products and services on third-party websites.
   • To maintain appropriate records for internal administrative purposes.
   • To comply with federal, state, and local laws, cooperate with and respond to law enforcement requests, and as otherwise required by applicable law, court order, or governmental regulations.
   • To protect the rights and interests of Moe’s and/or our independently owned and operated franchisees, such as to resolve any disputes, to enforce this Policy or any other policy, to protect the rights or property of another, or to prevent harm.
   • To evaluate or conduct a merger, sale, or other acquisition of some or all of the Moe’s organization or its assets, in which the information held by Moe’s about our Sites is among the assets transferred.
   • To evaluate prospective Moe’s® franchisees.
   
   

   We may have shared or sold the following Personal Information in the last twelve (12) months:

   • Personal identifiers. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
   • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
   • Protected classification characteristics under California or federal law. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
   • Commercial Information. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
   • Geolocation Data. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
   • Website Usage. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
   • Employment Information. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
   
   

   We may have disclosed for a business purpose the following Personal Information in the preceding twelve (12) months:

   • Personal identifiers. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
   • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
   • Protected classification characteristics under California or federal law. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
   • Commercial Information. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
   • Geolocation Data. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
   • Website Usage. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
   • Employment Information. Employment Information. Recipients of this information may include: affiliates and subsidiaries; Service Providers; website development and hosting providers; mobile application development and hosting providers; email platform providers; cloud hosting platform providers; and marketing analytics and advertising companies.
3. Methods for Submitting CCPA Requests to Moe’s

   You have the right to submit a verifiable request to us using the following methods:

   • Online Request Form . You may submit a request to know or delete by completing the online Request Form located at moes.truyo.com.
   • Toll-Free Telephone Call . You may submit requests by calling our toll-free CCPA Request Hotline at 1-877-848-9787. A member of our team will process your request and guide you through the verification process.
   • In-store Form . You may complete and submit a Request Form at any Moe’s® retail location in California.
   
   

   See the “Do Not Sell My Personal Information” section below for more on how to submit a request to opt-out of the sale of Personal Information.

   If you would like to opt-out of receiving marketing communications, please submit your request here. 

4. Verification Process

   Once we receive a request to know or to delete, we must verify your identity before we can respond.

   You will be required to provide all or some of the following information for verification purposes:

   • Your first and last name
   • Your e-mail address
   • Your telephone number
   
   

   If you submit either a request to know specific pieces of Personal Information collected, or a request to delete sensitive, irreplaceable, or otherwise valuable Personal Information, you (or your authorized agent, if applicable) will be required to provide a signed declaration affirming your identity (or your authorized agent’s identity, if applicable). The declaration is included on the online CCPA Consumer Request to Know Form and online CCPA Consumer Request to Delete Form, which you can access at http://moes.truyo.com.

5. Authorized Agents

   An authorized agent is either a natural person or a business entity registered with the California Secretary of State that a consumer has authorized to act on his or her behalf.

   You may use an authorized agent to submit a request to know, to delete or to opt-out. You may make such a designation by providing the agent with written permission to act on your behalf. We will require the authorized agent to provide either (1) a power of attorney; or (2) proof of your written permission to allow the authorized agent to submit the request on your behalf. In addition to proof of your written permission, we may require you to verify your own identity and directly confirm that you provided the agent permission to submit the request.

6. Response Timing and Format
   • Acknowledgement of receipt of request
   
   

   We will confirm receipt of a request from you within ten (10) business days. This confirmation will provide information about how we will process the request, including a description of our verification process and an approximation of when we will send you a substantive response.

   • Substantive Response
   
   

   We will respond to a verifiable request from you within forty-five (45) calendar days. If we cannot respond in that time, we will notify you in writing that we need an additional forty-five (45) calendar days and explain the reason for the needed additional time.

   If you have an account with us, we will respond to that account. If you do not have an account with us, we will deliver the written response by mail or e-mail, at your option.

   Any disclosures we provide will cover only the 12-month period preceding our receipt of your verifiable request. If we cannot comply with your request, we will explain why. If you have requested to know specific Personal Information we collected, we will provide that information to you via mail or electronically.

   We do not charge a fee to process or respond to a verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why and provide you with a cost estimate before completing the request.

   • Acting upon opt-out requests
   
   

   We will act upon an opt-out as soon as commercially reasonable, but no later than fifteen (15) business days from the date we receive the request.

7. Do Not Sell My Personal Information

   You have the right to direct us not to sell your Personal Information and you may exercise this right at any time. Once you opt-out, we will not sell your Personal Information unless you give us authorization to do so. We will not ask you to reauthorize such sales until 12 months have passed since complying with request to opt-out.

   If you are a California consumer and wish to opt-out of the sale of your Personal Information, you may submit an opt-out request by clicking on the following link: www.moes.com/donotsell.

   You may also submit requests by calling our toll-free number at 1-877-848-9787.

8. Financial Incentive Offers

   You have the right to receive equal service and price and not be discriminated against if you exercise any of your CCPA rights. However, from time to time we may offer certain financial incentives, as permitted by the CCPA, that can result in different prices, rates, or quality levels of our products and/or services. 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.

   Summary of Financial Incentives Offered.

   From time to time, we offer coupons, specials, or other discounts to consumers who have opted-in to the receipt of marketing material from us by providing us with certain Personal Information, such as an email address or a phone number. Occasionally, we also offer consumers the opportunity to enter contests and sweepstakes. Consumers who share certain Personal Information with us by entering have a chance to win the contest or sweepstakes. Each contest or sweepstakes is governed by its own terms, and the specific financial incentive offered will be detailed there.

   Consumers may also join our free rewards program, Moe’s Rewards. You will be enrolled in Moe’s Rewards only after you provide prior opt-in consent. Participation in Moe’s Rewards gives consumers the opportunity to accrue points with qualifying purchases. The Moe’s Rewards program collects and retains participants’ Personal Information in order to keep track of the points you have accrued and/or purchases you have made. For details regarding the Moe’s Rewards program, including program benefits, refer to the Moe’s Rewards Program Terms and Conditions.

   Material Terms of Financial Incentives.

   When we offer a financial incentive or participation in our reward program, the offer will include an explanation of the material terms of the incentive or program. The nature and value of any such offer or financial incentive may differ depending on what information we collect and use and whether you choose to enroll in our rewards program.

    

   Whether you consent to the financial incentive and/or to enroll in our Moe’s Rewards program and whether you choose to allow us to collect and use other types of Personal Information about you affects how we communicate with you and the types and frequency of offers that you may receive. Most financial incentives that we offer and the Moe’s Rewards program will involve one or more of the following categories of personal information:
   • Personal identifiers, such as name, postal address, and email address.
   • Categories of personal information described in the California Records Statute, such as telephone numbers.
   • Protected classification characteristics, such as age.
   • Commercial information, such as favorite location and history of purchases.
   How to Provide Opt-In Consent to Financial Incentive.

   Participation in our financial incentives and the Moe’s Rewards program requires your prior opt-in consent. You can opt-in to participate in the financial incentives and/or Moe’s Rewards by checking the opt-in box when you sign up for an account, or by entering a contest or sweepstakes we sponsor.

   How to Revoke/Withdraw Consent to Financial Incentive.

   You make revoke your consent to any financial incentive (or opt-out) at any time by following the opt-out instructions contained in any promotional or information email we send to you.

   Similarly, you may deactivate your account in the Moe’s Rewards program at any time by emailing us at moerewards@moes.com with your account information and request that we delete your profile. If you delete your profile this means you will lose any points, rewards and offers that may have accrued.

   Value of California Consumers’ Personal Information.

   Our offers and financial incentives may be individualized to each consumer or a group of consumers based on one or more factors. Nonetheless, each offer or financial incentive related to the collection, retention, and use of your Personal Information is based upon our reasonable determination of the estimated value of such information, which takes into consideration, without limitation, estimates regarding the anticipated revenue generated from such information, the anticipated expenses which might be incurred in the collection, storage, and use of such information in the operation of our business, and other relevant factors related to the estimated value of such information to our business, as permitted under the CCPA. Thus, the value of a consumers’ Personal Information will depend on the offer or financial incentive and whether you enroll in the Moe’s Rewards program.

9. Metrics Regarding CCPA Requests and Responses During the Previous Calendar Year

   At the end of each calendar year, starting in 2020, we will report as applicable regarding the number of requests to know, delete or opt-out that we received, complied with in whole or in part, or denied, and the median length of our response time.

10. Children Under the Age of 13

    Our Websites and Application are not intended for children under 13 years of age. No one under age 13 may provide any Personal Information on the Websites or Application. We do not knowingly collect personal information from children under 13. If you are under 13, do not use the Websites or Application, provide any information on the Websites or Application, use any of the interactive or public comment features of the Websites or Application, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@moes.com.

    California residents over 13 but under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see “The rights of California consumers who are less than 16 years of age” section above for more information.

11. Contact Us for More Information

    California consumers who have questions or concerns about our privacy policies and practices may contact a trained customer service representative through one of the following methods:

    • Toll-free call: 1-877-848-9787
    • Email: privacy@moes.com
    
    

    When contacting our customer service, please include in the communication or have available the information listed under the “Verification Process” section above. If using an authorized agent, please include in the communication or have available proof of authorization.