Workforce Privacy Notice

Effective Date: 12/21/2021
Last Updated on: 7/22/2025

This Workforce Privacy Notice (“Notice”) sets out how First Watch Restaurants, Inc. (“First Watch,” “we,” or “us”) collects, uses, discloses, and protects the personal information about our workforce, including employees, contractors, job applicants, and job candidates who reside in California (“Workforce,” “employee,” or “you”). This Policy supplements our general Privacy Policy. This Notice does not apply to our consumer-facing website(s) or to those of our Workforce acting in their capacity as a consumer, which are addressed in our general Privacy Policy.

We are committed to protecting the privacy of our Workforce. Accordingly, we will use any Workforce personal information in accordance with this Notice. However, this Notice does not protect information you post to public areas or third-party websites, except as may be set forth herein. This Notice imposes no duties on us not imposed by state, federal, or other applicable law.

Any inquiries about this Notice should be directed to us at [email protected], 941-500-1970 or toll free at 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 may collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with individuals in the Workforce (“PI”).

PI does not include:

• Publicly available information from government records;
• Deidentified or aggregated consumer information;
• Health or medical information covered by the Health Insurance Portability and Accountability Act and the California Confidentiality of Medical Information Act; or
• PI covered by various privacy laws, including the Fair Credit Reporting Act, the Gramm-Leach-Bliley Act or the California Financial Information Privacy Act, and the Driver’s Privacy Protection Act of 1994.

We may collect PI about you through our application, recruitment, employment or engagement processes, either directly from you or (where applicable) from another person or entity, such as a recruitment or professional networking website, background check provider, or from others who provide references on prospective workers. We will collect additional Workforce PI throughout the course of employment or other provision of services to us. Workforce PI may include, depending on the position:

• Identification information, such as name and date of birth.
• Contact information, such as home and business addresses, telephone numbers, and email addresses, including about your beneficiaries or emergency contacts.
• Professional or employment-related information, including financial information, such as wages, bank account details if required for direct deposit, Social Security number, payroll records, tax identifier, and tax information.
• Business travel and expense information, such as TSA Known Traveler number, passport information, and corporate credit card usage.
• Application, recruitment, new-hire, or other engagement information, such as application forms and information included in a resume; copies of identity and immigration/work authorization documents; citizenship and residence status; background screening results and references.
• Career information, such as job title, organization charts, start and end dates, work location, appraisal and performance information, time-off records, disciplinary and grievance information, and termination details.
• Internet, electronic network, and device activity information and related identifiers, such as information about your use of our information, communication, and collaboration systems, including user IDs, passwords, IP addresses, and audit trails of system access.
• Physical security system information, such as security camera footage and security pass entry records.
• Photographs provided by or taken of you or used for work purposes.
• Sensitive information, such as demographic information and health information (e.g. disability status, leaves of absence, health and safety incidents or accidents, health insurance information, medical information related to worker’s compensation claims, other medical records, and information relating to ability to perform job duties).

In particular, we may collect the following categories of PI from our Workforce:

USE OF PERSONAL INFORMATION

We use Workforce PI for many purposes, including:

• Administer health wellness programs.
• As described to you when collecting your PI or as otherwise permitted under applicable law.
• Communications with our Workforce, including updates and other changes, emergency contact information and plan beneficiaries.
• Comply with applicable state and federal laws.
• Conduct internal audits and investigate complaints, grievances, and suspected violations of First Watch policies.
• Conduct performance-related reviews.
• Ensure productivity and adherence to First Watch policies.
• Exercise and defend the legal rights of First Watch and its employees, affiliates, customers, contractors, and agents.
• For business structure changes, evaluations, and due diligence.
• Legal and regulatory compliance with policies, guidelines and contracts.
• Maintain personnel records and comply with record retention requirements.
• Monitor work-related licenses and credentials.
• Performance of business operations.
• Provide our Workforce with human resources management services and employee data maintenance and support services.
• To analyze trends, administer candidate or applicant websites, track user movement, and compile broad aggregate demographic information for reporting purposes.
• To help maintain the safety, security, and integrity of our network, systems, technology assets, business, premises, customers, and other members of our Workforce.
• To personalize an applicant or candidate experience and to deliver content and information relevant to that purpose, including via email or text message (with your consent, where required by law).
• To respond to law enforcement or legal requests or investigations and as required by applicable law, court order, or governmental regulations.
• Workforce management and administration.
• Workforce planning, recruitment, and hiring, including assignment planning and budgeting, job advertising, interviewing, and background checking as permitted by law.
• Matters relating and/or incidental to the items above.

We may use sensitive PI as follows:

• We may use information including identifiers, such as Social Security number, driver’s license number, and immigration documentation, to verify eligibility for engagement, conduct background checks, process and administer compensation and benefits, provide support services, communicate with our Workforce and emergency contacts and beneficiaries, comply with applicable law, prevent compromises of First Watch property, and to respond to law enforcement requests.
• We may use information relating to medical conditions and disabilities or leaves of absence to comply with (or exercise rights under) employment and other legal or contractual obligations, for workforce planning and administration, and preparing analyses and reports.
• We may use information about your precise geolocation or physical or mental health or disability status to help protect the health and safety of our workforce and workplace, to assess your fitness to work, to provide reasonable workplace accommodations and to monitor and manage absence to comply with (or exercise rights under) employment and other legal or contractual obligations, and (if necessary) to protect your or others’ vital interests.

• We may use information that we may collect about your demographics and immigration status to ensure meaningful equal opportunity and diversity and inclusion monitoring and reporting, and to comply with (or exercise rights under) employment and other legal requirements.
• We may use mail, email, or text content on First Watch systems or as permitted by law to conduct investigations or exercise or defend First Watch’s legal rights and those of its employees, affiliates, customers, contractors, and agents.

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 do not and will not sell the PI, including any sensitive PI, we collect about our Workforce or share it with third parties for cross-contextual behavioral advertising.

We may disclose your PI to the following service providers solely for business purposes:

• Compensation and benefits providers;
• Payroll service providers;
• Tax and other professional advisors;
• Technology service providers;
• Corporate card issuers;
• Travel and expense management providers;
• Transport and security providers;
• HR management and administration suppliers;
• Recruiting agencies and temporary employment agencies;
• Background check providers;
• Consumer reporting agencies and/or background check providers; and
• Auditors, lawyers, and other professional services providers.

Otherwise, we may disclose Workforce PI:

• If and when required to do so by law, regulation, or court order;
• In response to a request for assistance by a law enforcement agency;
• To seek legal advice external lawyers or in connection with litigation; and
• In connection with the sale, purchase, transfer or merger of business assets or the establishment of a joint venture. This includes in connection with any bankruptcy or similar proceeding.

YOUR RIGHTS AND CHOICES

The CCPA provides California residents with specific rights regarding their PI. This section describes CCPA rights and explains how to exercise them. You may submit a Data Subject Rights Request here.

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. Once we receive your request and confirm your identity, we will disclose to you:

• The specific pieces of PI collected about 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, shared, or disclosed your PI for a business purpose, three separate lists disclosing:
  • Sales, identifying the PI categories that each category of recipient purchased;
  • Disclosures for a business purpose, identifying the PI categories that each category of recipient obtained; and
  • The business or commercial purpose for collecting or selling PI.

Right to Correct
You have the right to request that we correct any of your PI that we collected about you.

Right to Delete
You have the right to request that we delete any of the PI that we collected from you and retained, subject to certain exceptions. 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 or professional 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 your 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.

Right to be Free from Discrimination
You have the right to be free from discrimination for exercising your privacy rights granted under the CCPA and other state data privacy laws.

Right to Opt-out of Sale or Sharing
You have the right to request that we stop selling or sharing (for cross-context behavioral advertising) your personal information (“opt-out”). However, First Watch does not sell or share Workforce PI.

Right to Limit Use and Disclosure of Sensitive PI
You have the right to direct us to only use your sensitive PI (for example, your social security number, financial account information, precise geolocation data, or biometric data) for limited purposes. However, First Watch does not use or disclose Workforce sensitive PI for any other purposes.

You also have the right to appeal our decision if we deny your consumer request. If we deny your request, you can send an email to [email protected] requesting an appeal of the denial. Within 45 days of receipt of your appeal, we will inform you of the action we took or did not take in response to your appeal. We may extend the 45-day period by an additional 15 days where reasonably necessary and inform you of the delay and the reasons for the delay.

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 website 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.

DATA RETENTION

We will keep your PI for as long as necessary to fulfill the purposes we collected it for and in accordance with our internal document retention policy and any applicable laws. We will retain and use PI as long as you have a professional relationship with us. Thereafter, we will keep your PI for as long as is necessary (1) to protect our legal interests; and (2) to keep records required by law. We will retain PI and other information in accordance with our Document and Records Retention Policy. Different retention periods apply for different types of PI.

NOTICE OF FINANCIAL INCENTIVE

We may provide price discounts, coupons, services, and other perks to our workforce and for members of our wellness programs. Through these offerings, you may provide us with PI depending on how you choose to interact with us when and after you opt-in to our programs. There is no obligation to opt-in, and you may opt-out at any time. The details of the programs are contained in the program offerings. We may add or change incentive programs, or their terms by posting notice on the program descriptions and terms, so check them regularly. Each financial incentive or price or coupon or the like related to the collection and use of PI is based on our reasonable, good-faith determination of the estimated value of such information to our business, taking into consideration the value of the offer itself and the anticipated revenue generation that may be realized by rewarding your loyalty. We calculate the value of the offer and financial incentive by using the expense related to the offer.

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