Privacy Policy

Effective Date: 12/7/2021

Last Updated on: 12/19/2024

This privacy policy (Policy) sets out how First Watch Restaurants, Inc. (First Watch, we, or us) uses and protects the personal information you provide on the First Watch website (hereinafter, the Site) or otherwise. This Policy does not apply to workforce-related personal information collected from California-based employees, job applicants, contractors, or similar individuals (see Workforce Privacy Policy).

We are committed to protecting your privacy. Accordingly, any personal information provided by you to us shall be used in accordance with the conditions outlined in this Policy. However, this Policy does not protect information you post to public areas or third-party websites, except as set forth herein. This Policy imposes no duties on us not imposed by state, federal, or other applicable law.

We may change this Policy periodically by updating this Site. You should check this page from time to time to ensure that you continue to agree with the terms of this Policy. This Policy is incorporated by reference into the Terms of Use Agreement, to which you agreed upon entering the Site.

The Site is owned and operated by First Watch. Any inquiries about this Policy should be directed to us at [email protected], 941-500-1970 or toll free at 1-888-270-1095, or by mail to:

First Watch Restaurants, Inc.
Attn: Privacy
8725 Pendery Place, Suite 201
Bradenton, FL 34201

THE INFORMATION WE COLLECT

We collect most of the personal information about you directly from you – in person, by email, and/or via our Site or App. We collect information relating to you and your use of the Site to provide services and features that are responsive to your needs.

Information You Provide to Us

We collect personal information in the following ways:

• Directly from you. We collect information from you when you register an account with us, request information, send us an email, send us postal mail, apply for a job with us, speak to us on the telephone, visit us, or otherwise interact with us.
• From our App. We may collect information from your mobile device when our App is installed on your mobile device, or you provide your information to us via the app.
• Automatically as you navigate the Site and/or App. Information collected automatically may include usage details, email address, IP addresses, and information collected through cookies and other tracking technologies.
• From other third-party sources. We may receive information about you from our third-party service providers who help us to provide services to you, including our Site and social media providers.
• From our franchisees. We may receive information about you from our franchisees, including information that you provide onsite at our franchisee restaurants. Please note we may also collect information about you from or on behalf of our franchisees and licensees when we provide certain services for them. For the information we collect in this capacity, we access and process such information to provide relevant services to our franchisees and licensees, for example, to manage mobile orders and other services like third-party delivery service order fulfillment on behalf of franchisees and licensees or at your direction.
• From our third-party affiliate. We may receive information from third party affiliates such as contest or sweepstakes partners.
• From your orders and purchases. You may provide payment information to us, such as credit and debit card numbers, expiration date, CVV, and mailing address, through orders, purchases, or other payment services.
• From you when you share stories, content suggestions, or submit requests for information. We collect information when you share stories, content, experiences, suggestions, preferences or other input (e.g., expressing your preferences, comments, complaints, etc.), or submit requests for information from us. This includes information you share when you access or interact with the Site or App, or First Watch’s accounts on any third-party social media platforms such as Facebook, Twitter, Instagram, or LinkedIn or contact us by email or phone or in-person. This may also include recordings of telephone conversations you may have with our customer support personnel.
• E-Club: We may collect personal information from you if you choose to register for the E-Club, order products, make requests, or post content. Accordingly, depending on the process, you may be asked to provide certain types of personal information, such as, first and last name, zip code, email address, phone number, credit card or other payment information, month and day of birth, App, and Site log-in credentials, demographic information, dining preferences, who you dine with, when you visit our restaurants, how often you visit our restaurants, feedback and/or guest relations data, and location information including geolocation.

You have no obligation to provide the information requested on any First Watch form, but the failure to do so can impact our ability to respond to your inquiry, problem, request, or other communication, and may result in the denial of such request. Any personal information you do provide is voluntary or is necessary for the identified purposes for which it is to be used.

Information We and Our Third-Party Service Providers Collect

When you use our Site, we and our third-party service providers automatically collect information about how you access and use the Site and information about the device you use to access the Site. We typically collect this information through a variety of tools including cookies, web beacons, pixels, social media widgets, other tools to enable data recording and indexing, and similar technology (“tracking technologies”). We and our third-party service providers automatically collect information such as IP or MAC address, device type (including unique device identifier), browser type, operating system or platform, name of ISP, interactions you may have on our Site or other websites, location and geolocation information, and other technical information about your visit to our App or Site.  

Cookies and Other Technologies. A cookie is a small file containing a string of characters that may be sent to your web browser when you visit a website. Cookies might be used for the following purposes: (1) to enable certain functions; (2) to provide analytics; (3) to store your preferences; and (4) to enable ad delivery and behavioral advertising.

Cookies can either be session cookies or persistent cookies. A session cookie expires automatically when you close your browser. A persistent cookie will remain until it expires or you delete your cookies. Expiration dates are set in the cookies themselves, some may expire after a few minutes while others may expire at a later time. Cookies placed by the website you are visiting are sometimes called “first-party cookies,” while cookies placed by other companies are sometimes called “third-party cookies.”

The Site uses cookies that are sent by us or our third-party services. The use of cookies and other technology, described below, allows us to make our Site more responsive to your needs by delivering a better and more personalized experience to you. We use these cookies to identify you as a valid user, to ensure that no one else can sign on simultaneously with your account from another computer and to help us serve you better based on your registration preferences. We may also use cookies to help us facilitate any promotions or surveys that we provide. You can reset your browser to refuse cookies or to indicate when a cookie is being sent. By changing your preferences, you can accept all cookies, you can be notified when a cookie is set, or you can reject all cookies. Please note, if you disable cookies, you may be required to re-enter your information more often and certain features, or the entirety, of our Site may be unavailable.

The following information may automatically be received and/or collected from you through the Site: IP address, browser type, browser language, internet service provider (ISP), resource requested, date and time of resource request, and HTTP referring resource (if provided by the browser), operating system, and/or clickstream data. We aggregate this data, and may combine this data with other information we collect about you to better understand how visitors use our site, improving user experience, and to help manage, maintain, and report on use of our Site. We also store IP addresses for fraud detection and prevention purposes.

Pixels. Pixels (also known as web beacons) are code embedded within a service. There are various types of pixels, including image pixels (which are one-pixel transparent images) and JavaScript pixels (which contain JavaScript code). Pixels are often associated with cookies and are used for similar purposes. When you access a service that contains a pixel, the pixel may permit us or a third party to drop or read cookies on your browser, or collect other information about your browser or device. Pixels may collect and send IP addresses, URLs, and other information from an advertisement that you click associated with your visit to our Site to third parties.

Third-Party Service Providers: We sometimes utilize third-party service providers to help us track the activity within the Site and to receive information about you for marketing purposes. These third parties may use cookies and other tracking technologies. Our third-party service providers include the following:

• Google Analytics (see below)
• Cloudflare (https://www.cloudflare.com/privacypolicy/)
• WordPress (https://wordpress.org/about/privacy/)
• OneTrust (https://www.onetrust.com/privacy-notice/)  [A4] 
• Segment (https://segment.com/customer-data-platform/)

Analytics: We partner with certain third parties to collect information to engage in analytics, auditing, research, and reporting. These third parties may use server logs, web beacons, tags, pixels, mobile advertising IDs (such as Apple’s IDFA or Google’s Advertising ID), and similar technologies, and they may set and access cookies on your computer or other device. In particular, our Site uses Google Analytics to help collect and analyze certain information for the purposes discussed above. When you visit sites or use apps that use Google Analytics, you may choose to enable Google to link information about your activity from one site or app with activity from other sites or apps. To learn more about how Google uses data, visit Google’s Privacy Policy http://www.google.com/policies/privacy and Google’s page on how Google uses partner site data http://www.google.com/policies/privacy/partners. To learn more about Google Analytics cookies, visit https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage. You can also obtain additional information on Google Analytics’ data privacy and security at the following links: 

• https://policies.google.com/technologies/partner-sites
• https://support.google.com/analytics/topic/2919631

To change your preferences with respect to certain online ads or obtain more information about ad networks and online behavioral advertising, visit the National Advertising Initiative Consumer Opt-Out Page http://www.networkadvertising.org/choices or the Digital Advertising Alliance Self-Regulatory Program http://www.aboutads.info/. Changing your settings with individual browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads. Opting out of targeted advertising does not opt you out of all ads, just those targeted to you.  

More Information. You may learn more about cookies and how to opt out of them by visiting the following third-party website: http://www.allaboutcookies.org/.

USE OF PERSONAL INFORMATION

We use PI for many purposes, based on how you interact with us, the purchases you make, and the services you request.  We may combine PI collected offline (e.g. from our restaurants), online (e.g. signing up for our eClub), or through our App (e.g. when you join a waitlist) into a customer database.  That collection of PI helps us better communicate with you and fulfill your requests. 

More specifically, we may use, sell, or disclose the PI we collect for one or more of the following purposes:

• To fulfill the reason you provided the information. For example, if you share your name and contact information to ask a question about our food or to join a waitlist via our App, we will use that PI to respond. If you sign up for our newsletter and provide your email address, we will use that to send you the newsletter. (You may opt-out at any time by clicking unsubscribe on the bottom of the email you receive.) If you sign up for text alerts in our App, we will use that PI to send you text messages. (Text message charges may apply check with your mobile provider.)
• To provide, support, personalize, and develop our Site, products, and services.
• To create, maintain, customize, and secure your account with us, if you choose to create one. This will require creation of a username and password, and will enable certain additional features on our Site or in the App.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud. We may also save your PI to facilitate new orders or process returns.
• To offer entry to and fulfill the prizes of a contest or sweepstakes, or to conduct a survey.
• To provide you with support, including to investigate and address any concerns you may have and monitor and improve our responses.
• To personalize your Site experience and to deliver content and product and service offerings relevant to your interests, including targeted offers through our Site, third-party sites, or via email or text message (with your consent, where required by law).
• To help maintain the safety, security, and integrity of our Site, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Site, products, and services.
• To analyze trends, administer the site, track user movement, and compile broad aggregate demographic information for reporting and sponsorship purposes.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your PI or as otherwise permitted under applicable law.

We will not collect additional categories of PI or use the PI we collected for materially different, unrelated, or incompatible purposes without providing you notice.

SHARING OF PERSONAL INFORMATION

We may share your PI by disclosing it to a third party for a business purpose (Service Provider). We make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the PI confidential, prohibit selling or sharing the PI, and prohibit using the disclosed PI for any purpose except performing the contract. In the event the Site or any services require or permit you to interface with a Service Provider, you may be subject to that Service Provider’s separate terms of use and privacy policy.

While we never sell PI for monetary consideration, we may share PI with third parties in a way that may be considered a sale of PI under the California Consumer Privacy Act, as amended (“CCPA”), Virginia Consumer Data Protection Act (“VCDPA”), Colorado Privacy Act (“CPA”) or the Utah Consumer Privacy Act (“UCPA”). These sales are subject to your right to opt-out, and do not include information about individuals we know are under age 16.

In the preceding twelve (12) months, we have disclosed PI for a business purpose and have sold, as may be defined under the CCPA, VCDPA, CPA, UCPA the following categories of PI to the categories of third parties indicated in the chart below.

YOUR RIGHTS AND CHOICES

For certain jurisdictions: The CCPA, VCDPA, CPA, and UCPA provide California, Virginia, Colorado, and Utah resident consumers with specific rights regarding their PI. Other jurisdictions may also provide similar rights. This section describes CCPA, VCDPA, CPA, and UCPA rights and explains how to exercise those rights.

Right to Know and Data Portability

You have the right to request that we disclose certain information to you about our collection and use of your PI over the past 12 months (the right to know). Once we receive your request and confirm your identity, we will disclose to you:

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

Right to Delete

You have the right to request that we delete any of your PI that we collected from you and retained, subject to certain exceptions (the right to delete). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the PI applies. We may deny your deletion request if retaining the PI is necessary for us or our Service Provider(s) to, among other things:

• Complete the transaction for which we collected the PI, provide a service that you requested, or take actions reasonably anticipated within the context of our ongoing business relationship with you.
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
• Comply with a legal obligation.
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We will delete or deidentify PI not subject to one of these exceptions from our records and will direct our service providers to take similar action. We commit that we will not reidentify deidentified PI.

Exercising Your Rights and Our Response

To exercise your rights described above, please submit a request by either:

• Calling us at 1-888-270-1095.
• Emailing us at [email protected].
• Submitting a request here.

Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your PI.

We cannot respond to your request or provide you with PI if we cannot verify your identity or authority to make the request and confirm the PI relates to you. You do not need to create an account with us to submit a request to know or delete. However, we do consider requests made through your password protected account sufficiently verified when the request relates to PI associated with that specific account. We will only use PI provided in the request to verify the requestor’s identity or authority to make it.

We will respond to your request within 45 days of receiving it. If we require more time we will inform you of the reason and extension period. If we cannot fulfill your request, we will provide you an explanation for it. Any disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable consumer request. For data portability requests, we will select a format to provide your PI that is readily useable and should allow you to transmit the information from one entity to another without hindrance.

Colorado and Virginia Resident Appeal Rights

In the event we are unable to verify your identification, or answer your request, Colorado and Virginia residents have the right to file an appeal via the same form in which your request was made (linked here). If you are a Virginia resident, we will respond to your request within 60 days of receiving it. If you are Colorado resident, we will respond to your request within 45 days of receiving it.

If your appeal is denied, you may further appeal to your state’s Attorney General.

For Designated Agents or Parents/Guardians

To designate an authorized agent or to submit a request to know or delete on behalf of your child, submit the form found here and, if applicable, include the required documents described below. Your request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected PI or an authorized representative, which may include:
  • Either a signed and notarized Power of Attorney, or submission of the form found here.
  • For children under 16, submission of the form found here, along with:
    • a certified copy of the child’s birth certificate,
    • a certified copy of a school record or transcript or home school notice of intent form that includes minor’s permanent address, and
    • a current month’s utility bill with parent/guardian’s name and address shown.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

PERSONAL INFORMATION SALES OPT-OUT AND OPT-IN RIGHTS

If you are 16 years of age or older, you have the right to direct us not to sell your PI at any time (your “right to opt-out”). We do not sell PI of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from the consumer who is at least 13 years of age, but not yet 16 years of age. We do not collect, share, or sell PI of any consumer who we know is under 13 years old. Consumers who opt-in to PI sales may opt-out of future sales at any time.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to use by visiting the following link:

Do Not Sell My Information

Once you make an opt-out request, we will wait at least 12 months before asking you to reauthorize PI sales. However, you may change your mind and opt back in to PI sales at any time by emailing us at [email protected].

You do not need to create an account with us to exercise your opt-out rights. We will only use PI provided in an opt-out request to review and comply with the request.

Notice of Financial Incentives and Non-Discrimination

We will not discriminate against you for exercising any of your rights. Unless permitted by law, we will not:

• Deny you goods or services.
• Charge you different prices for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you with a different level or quality of goods or services.
• Suggest that you may receive a different price for goods or services or a different level or quality of goods or services.

We may offer you certain financial incentives permitted under applicable law that can result in different prices, rates, or quality levels. Any financial incentive we offer will reasonably relate to your PI’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. We currently provide the following financial incentives:

• None at this time.

CALIFORNIA – ADDITIONAL PRIVACY RIGHTS

California’s “Shine the Light” law, Civil Code Section 1798.83, allows California residents who are First Watch customers to request certain information regarding our disclosure of PI to third parties for direct marketing purposes. Please contact us [email protected] to request information as permitted by California law. When contacting us, please indicate your name, address, email address, and details regarding your specific request, such as the PI you do not want us to share with suppliers, affiliates, or third parties. The request should be sent to us at [email protected] or to our mailing address set forth herein, Attn: Privacy, and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your PI or requesting this notice.

COOKIES

We use cookies to remember certain user information. This allows users of the Site to avoid logging in more than once, thereby saving time. You may, at any time, disable or refuse to accept cookies by changing the preferences or settings on your web browser. If you choose to disable cookies, you will still be able to use our Site. However, you will not be able to fully take advantage of certain automation and other functionality features available on this Site.

AGGREGATE AND NON-IDENTIFIABLE DATA

From time to time, we may use non-identifiable aggregate information to better design our Site and to share with select advertising partners, sponsors, and/or affiliates. For example, we may tell an advertiser that X number of individuals visited a certain area on our Site, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to personally identify those individuals.

We partner with third-party suppliers to engage in analytics, analysis, auditing, measurement, research, and reporting, including without limitation based on PI or other data collected over time, such as through your (participation in our programs (such as eClub), your activity on the Site, your device’s geolocation which may include specific longitude and latitude), and your activity on third-party sites, mobile apps, or other online services. We may use and share your data in individual format, so long as it does not identify you, or in the aggregate for the analytics purposes as described herein. Our third-party suppliers may use various tracking tools, such as web logs or pixel tags, cookies, or other technology on your device or browser.

DATA SECURITY

While no method of data transmission is guaranteed against unlawful third-party interception or other misuse (for example, e-mail sent to or from our Site may not be secure), First Watch uses commercially reasonable administrative, technical, and physical efforts to ensure protection of your PI from unauthorized access, disclosure, alteration, and destruction.

SCOPE AND THIRD-PARTY WEBSITES

Although this Policy applies to PI we collect or that’s collected by a Service Provider on our behalf, it does not apply to entities that are not owned or controlled by us.  This Site contains links to other third-party websites. Please be aware that we are not responsible for the privacy practices of these third-party sites. We encourage you to be aware when you leave our site and to take reasonable precautions when sharing your PI on third-party sites.

We partner with certain third parties to collect information to engage in analytics, auditing, research, and reporting. These third parties may use server logs, web beacons, tags, pixels, mobile advertising IDs (such as Apple’s IDFA or Google’s Advertising ID), and similar technologies, and they may set and access cookies on your computer or other device. In particular, our Site uses Google Analytics to help collect and analyze certain information for the purposes discussed above. When you visit sites or use apps that use Google Analytics, you may choose to enable Google to link information about your activity from one site or app with activity from other sites or apps. You may learn more about Google Analytics’ data practices by clicking here and opt out of the use of cookies in web browsers by Google Analytics.

DATA RETENTION

We will retain PI for as long as the information has value as part of services we provide, or as long as is necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, whichever is longer. If you wish to request that we no longer use your PI, see the section Exercising Your Rights.