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EVERGREENS, INC

PRIVACY POLICY

Last Updated: 03/22/2024

This Privacy Policy describes how Evergreens, Inc (collectively, “Evergreens,” “we,” “us,” or “our”) collects, uses, shares, and protects personal information. This Privacy Policy also tells you about your rights and choices with respect to your personal information, and how you can reach us to get answers to your questions.

PERSONAL INFORMATION WE COLLECT

The personal data we gather from you, either directly or indirectly, varies based on your interactions with us and our services. These sources include:

CONTACT DATA
Your name, company, email address, mailing or delivery addresses, and phone number.
PROFILE DATA
Your username and password for our online account, along with additional information like birthday, gender, and preferred store preferences.
ORDER & TRANSACTIONAL DATA
Details provided for pickup or delivery orders, including order specifics, payment card information, transaction details, and order history. Additionally, when using our apps or web-based ordering with location services active, we collect GPS, Wi-Fi, or cellular data to determine your location and distance from our restaurants.
COMMUNICATIONS DATA
Information exchanged during support requests, queries, social media interactions, surveys, or other forms of communication. Communications may be monitored and recorded for purposes outlined in the “How We Use Your Personal Information” section below.
MARKETING DATA
Preferences for receiving marketing communications, email or phone details provided during subscription to marketing emails, loyalty programs, or text messages, and information from event participation, contests, or promotions.
SECURITY DATA
Security camera footage of our restaurants and other facilities.
AUTOMATIC COLLECTION
When visiting our site, certain device information is automatically collected, including web browser details, IP address, time zone, and cookies installed on your device. Additionally, information on web pages/products viewed, referral sources, and site interactions is gathered. This collected data is referred to as “Device Information” and is acquired through cookies, pixels, log files, and software development kits (SDKs).

Information Collected from Other Sources.
We utilize third-party services to operate our website and business. We are not liable for how these companies collect and store data. These third-party services include:

NINJA FORMS
We use Ninja Forms on our Site for our contact forms.  We store the data you enter on those forms so we can communicate effectively with you.
COOKIEYES
We use Cookie Yes to manage compliance with US Cookie Law/GDPR. Please see their Privacy Policy for how they manage data.
UPDRAFTPLUS
UpdraftPlus is used to backup and restore the website and thus stores zipped copies of the site on their servers.  You can view their Privacy Policy and Terms of Service for more information on how they manage data.
TOAST
We use Toast to manage our online ordering and gift cards.  Please see their Privacy Policy and Terms of Service for how they manage data.
OLO
We use OLO to handle our order management. Please see their Privacy Policy for how they manage data.
ALLIANCE PAYROLL
We use Alliance Payroll to manage our online job applications.  Please see their Privacy Policy and Terms and Conditions for how they manage data.
TYPEFORM
We use Typeform to help manage our online job applications and other online survey collection.  Please see their Privacy Policyfor how they manage data.
CHOWLY {Formerly known as KOALA}
We use Chowly to help manage our online ordering. Please see their Privacy Policyfor how they manage data.
PAYTRONIX
We use Paytronix to help manage our loyalty program and other marketing communications such as email, text, and push and pull app messaging. Please see their Privacy Policy for how they manage data.

When referring to “Personal Information” in this policy, we encompass both Device Information and data from contact forms.

Information Collected from Third Party Platforms.
If you engage with us via social media or other third-party platforms, we may collect information like communications, your name, associated username, and data permitted by the platform. The platform’s privacy policy governs your interactions, including data collection and sharing. Any personal information received from such platforms is treated according to this Privacy Policy. Ensure to review your privacy settings on social media or other third-party accounts to understand information sent to us and how to restrict it.

HOW WE USE YOUR PERSONAL INFORMATION

We utilize your personal information for various purposes, as detailed in this Privacy Policy or disclosed during collection:

SERVICE DELIVERY
We employ your personal details to:
• Provide, enhance, and develop our Services and business.
• Establish and manage your account.
• Process your orders, communicating them to our local restaurants, delivery networks, ecommerce platforms, and service providers, and providing receipts, order confirmations, and pickup instructions.
• Offer customer support, improve support capabilities, and conduct quality assurance monitoring and personnel training.
• Administer your participation in rewards and promotional programs.
• Address your requests, resolve disputes, and troubleshoot issues.
• Tailor Service features and content to your needs and interests.
• Communicate with you about the Services, including announcements, updates, security alerts, and administrative notifications.
• Enable security features like sending security codes via email or SMS and remembering previously logged-in devices.
RESEARCH & DEVELOPMENT
We may use your personal data for research and development, including analyzing and enhancing the Services and our business. We may create anonymous data from collected personal information for lawful business purposes and disclose it to third parties.
INTEREST-BASED ADVERTISING
We collaborate with third-party advertising and social media companies to display ads on our Services and other platforms. These companies employ cookies and technologies to collect data on your activity to personalize online ads. You can learn more about limiting interest-based advertising in the Internet-Based Advertising Choices section below.
MARKETING
We may send you offers and promotions from Evergreens, our affiliates, joint venture partners, and other relevant companies, adhering to legal regulations. You can opt out of our marketing communications as detailed in the Opt Out of Marketing Communications section below.
COMPLIANCE & PROTECTION
We may use your personal information to comply with laws and legal requests, protect rights, privacy, safety, and property, enforce terms and conditions, and prevent fraudulent or harmful activities.

While the above sections outline our primary purposes for collecting information, in many cases, we have multiple purposes. For instance, we may collect your information for an online purchase to fulfill our contract with you and to maintain records for quick responses to post-transaction inquiries.

HOW WE SHARE YOUR PERSONAL INFORMATION

Apart from what’s outlined in this Privacy Policy, we may disclose personal information in the following scenarios:

PARTNER PROMOTION
Data shared for contests or promotions with third-party partners is governed by their own policies.
SERVICE PROVIDERS 
Sharing information with service providers assisting in website management, surveys, payment processing, and order fulfillment.
THIRD PARTIES DESIGNATED by YOU
Authorizing third parties to receive your personal information through our Services.
PAYMENT PROCESSORS 
Third-party processors may collect and use your payment information according to their policies.
AFFILIATES 
Sharing personal information with affiliated companies for purposes consistent with this Privacy Policy.
JOINT VENTURES
Sharing information with third-party companies in joint marketing collaborations.
ADVERTISING PARTNERS
Sharing information with third-party advertising companies for interest-based advertising.
AUTHORITIES & OTHERS
Disclosing information to law enforcement or authorities for compliance and protection purposes.
PROFESSIONAL SERVICES
Personal information may be disclosed to professional advisors for necessary professional services.
OTHER DISCLOSURES with YOUR CONSENT
We may ask if you’d like us to share your information with third parties not covered in this policy.
OTHER DISCLOSURES without YOUR CONSENT
Information may be disclosed in response to legal processes, to establish rights, investigate illegal activities, or comply with laws.

YOUR CHOICES

On Privacy Rights, refer to the State Law Privacy Rights section below for details regarding the rights granted to residents by privacy laws in specific states.

ACCOUNT DELETION
You can ask us to delete your online Service account by contacting us at info@evergreens.com. Keep in mind that deleting your account will result in the cessation of any online or digital services and the inability to receive support for previous purchases.
OPTING OUT OF MARKETING COMMUNICATIONS
To opt-out of marketing emails, follow the unsubscribe instructions at the bottom of any email or email your opt-out request to info@evergreens.com. Despite opting out of marketing emails, you may still receive service-related and non-marketing communications. Loyalty members may also adjust their communication preferences at any time within our web portal: https://evergreens.myguestaccount.com/guest
TEXT MESSAGES
We may use SMS texts or similar technology for various purposes, including order confirmations and customer service. To stop receiving text messages, reply STOP to any message from us. Message and data rates may apply.
INTEREST-BASED ADVERTISING CHOICES
You can learn about and opt-out of interest-based advertising from certain advertising partners by visiting opt-out links provided. Even after opting out, you may still receive interest-based advertising from other companies.
COOKIES
Most browsers allow you to remove or stop accepting cookies. Failure to accept cookies may limit site functionality. For more information on managing cookies, visit www.allaboutcookies.org.
GOOGLE ANALYTICS & PERSONALIZED ADS
Learn about opting out of Google Analytics tracking and personalized ads from Google and Facebook via provided links:
https://tools.google.com/dlpage/gaoptouthttps://www.facebook.com/privacy/explanation & https://adssettings.google.com
GEOLOCATION
You can deactivate access to your device’s precise geolocation in its settings.
DO NOT TRACK
We do not currently respond to “Do Not Track” signals.
CHOOSING NOT TO SHARE PERSONAL INFORMATION
Failure to provide necessary information may result in the inability to access certain Services. We will notify you of required information for service provision.

Some jurisdictions give you a right to make the following choices regarding your personal information:

ACCESS TO PERSONAL INFORMATION
Request access to or confirmation of personal information.
CHANGES TO PERSONAL INFORMATION
Update or correct personal information through our website or mobile app, or contact us to request modifications.
DELETION OF PERSONAL INFORMATION
Request deletion of personal information, with exceptions for legal obligations.
OPT-OUT of TARGETED ADVERTISING
Opt-out of online tracking-based targeted advertising.
OBJECTION TO PROCESSING
Object to our use or disclosure of personal information.
PROMOTIONAL EMAILS & TEXT MESSAGES
Opt-out of promotional emails and text messages.
REVOCATION OF CONSENT
Revoke consent for processing personal information, affecting service provision. Note that rights may not be absolute and may not apply in all circumstances. We will not discriminate against individuals exercising privacy rights.

Submitting Requests
Email info@evergreens.com for deletion requests or other privacy rights requests. Appeals can be made by contacting us with the subject line “Appeal.”

IDENTITY VERIFICATION
We may require proof of identity, such as through phone call or email verification, and may request information to confirm your identity. Authorized agents must provide a signed and notarized statement from the individual they represent. We will make reasonable efforts to fulfill requests promptly.

OTHER SITES & SERVICES

Our Services may include links to third-party websites, mobile applications, or other online services. Clicking on these links will take you away from our Services, and third-party entities may collect your personal information. Additionally, our content may appear on online services not affiliated with us. We do not control, review, or bear responsibility for these third-party online services, their content, or actions. Each online service may have different policies regarding the collection, use, and sharing of personal information. We recommend reviewing the privacy policies of any online service you visit or use. These links are provided for your convenience and do not imply our endorsement or affiliation with any third party or its services.

For your convenience, we may also provide links to websites and third-party content or services that we do not own or operate. These linked websites and content may have separate privacy notices or policies. Please note that we do not control the privacy practices of websites or services we do not own. We advise reviewing the privacy policies of any third-party website or application for details about their privacy practices.

HOW WE PROTECT & RETAIN YOUR INFORMATION

While we endeavor to safeguard your personal information from unauthorized access, use, or disclosure, it’s important to recognize that no method of transmission over the internet or electronic storage is entirely secure. Should a breach occur, we will notify you as required by law, employing electronic, written, or telephonic means if permitted.

Certain websites allow you to create an account, prompting you to set a password. You are responsible for maintaining the confidentiality of your password and any unauthorized access or use of your account. Please inform us promptly of any unauthorized activity.

We retain your personal information only as long as necessary for the purposes outlined in this Privacy Policy, including legal, accounting, or reporting requirements. Factors such as the nature and sensitivity of the information, potential risks, and applicable legal mandates influence our retention period determination.

Although we implement technical, organizational, and physical safeguards to protect your personal information, inherent security risks exist in internet and information technologies, and we cannot ensure absolute security.

Personal information is retained based on ongoing legitimate business needs, such as providing requested services, complying with legal obligations, and fraud prevention. The sufficiency of the retention period for fulfilling these purposes is the primary consideration.

CHILDREN

Our websites and online services are not directed at children under the age of 16, and we do not knowingly collect personal information from individuals under the age of 16 without parental consent. If we discover that we have inadvertently collected personal information from a child under 16 online without parental consent as mandated by law, we will promptly delete it. If you suspect that we may have obtained personal information from a child under 16, please reach out to us at info@evergreens.com.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is subject to periodic updates for various reasons. Should we make significant revisions, we will notify you by posting the updated Privacy Policy on evergreens.com and adjusting the effective date stated at the top. Additionally, if legally required, we may notify you through alternative means, such as email or within the Services. Your continued use of the Services following any changes indicates your acceptance of the revised Privacy Policy.

HOW TO CONTACT US

If you have any questions, comments, or complaints concerning our privacy practices, or if you need to access this Privacy Policy in an alternative format due to having a disability, please contact us at:

Evergreens, Inc 1200 Westlake Avenue N, STE 210, Seattle, WA 98109
ATTENTION: LEGAL or via email to info@evergreens.com

LAST UPDATED AS OF: 3/22/24
EFFECTIVE DATE: 3/22/24