ACCEPTANCE OF TERMS
USE OF THE ONLINE SERVICES
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from different areas of the Online Services solely for your own noncommercial use. Any other use of materials on the Online Services, including but not limited to the modification, reproduction, distribution, republication, display or transmission of any Content, without prior written permission of EPL is strictly prohibited.
All trademarks, service marks, trade names and tradedress, whether registered or unregistered (collectively the “Marks”) that appear within the Online Services are proprietary to EPL or other respective owners that have granted EPL the right and license to use such Marks. You may not display or reproduce the Marks other than with the prior written consent of EPL, and you may not remove or otherwise modify any trademark notices from any Content.
This Online Services may allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures, digital images, or other content in any form (collectively “User Content”). By posting or submitting User Content on the Online Services, you hereby grant EPL an exclusive, unrestricted, transferable and sub-licensable, irrevocable, royalty-free and fully paid-up, world-wide, and perpetual license to reproduce, distribute, market, publicly display, modify, make, have made, sell and offer for sale, practice all applicable patent, copyright, moral right, mask work, trade secret, and other intellectual property rights, make derivative works of, exploit and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from EPL in connection with the EPL’s exercise of its license rights in and to the User Content you have posted on or submitted to the Online Services. By posting or submitting the User Content on the Online Services, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Online Service’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. EPL respects the intellectual property of others, and we ask our users and visitors to do the same. EPL will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, EPL will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide EPL the following information. Please be advised that to be effective, the notification must include ALL of the following:
a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Online Services;
your address, telephone number, and email address and all other information reasonably sufficient to permit EPL to contact you;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to El Pollo Loco, Inc., Attention: Legal Department, at 3535 Harbor Blvd., Suite 100, Costa Mesa, CA 92626.
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING EPL THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
TERM & TERMINATION
LINKS TO THIRD PARTY SITES AND SOCIAL MEDIA PAGES
The Online Services may contain links to other third-party websites, including the franchised operators of El Pollo Loco restaurants, and social media platforms, such as Facebook, Twitter, or Foursquare (all links to third-party websites and social media platforms are collectively referred to herein as "External Sites"). External Sites are provided only for your convenience. However, even if the third party is affiliated with EPL, EPL has no control over the External Sites, all of which have separate privacy and data collection practices, independent of EPL. If you decide to visit any External Site, you do so at your own risk. EPL and its affiliates have no responsibility or liability for any External Sites, or the content, policies, or actions thereof. If you choose to purchase any product or service from an External Site, your relationship is with that third party. You agree that we are not responsible for the quality of third-party products or services, or fulfilling any of the terms of your agreement with the seller, including, but not limited to, the delivery of products and services and warranty obligations related to products and services. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such External Site.
TRANSACTIONS WITH EPL AND THIRD PARTIES
If you wish to make purchases through the Online Services or an External Site, you may be asked by us or the merchant or operator from whom you are making the purchase to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold EPL liable for any loss or damage of any sort incurred as a result of any such dealings. You agree that all information you provide in connection with such purchase shall be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make.
In order to use Online Services made available through a mobile or tablet application (an “App”) you must have a compatible mobile device. EPL does not warrant that the App will be compatible with your mobile device.
The App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the App.
EPL makes no warranties or representations about the accuracy or completeness of the Online Service’s content or the content of any External Sites. EPL does not filter advertisements or other content that children may view through our Online Services or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EPL, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF EPL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE ONLINE SERVICES, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL EPL’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE ONLINE SERVICES EXCEED TEN DOLLARS.
Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise in the Online Services, you must provide all notices or complaints to EPL via email to firstname.lastname@example.org or mail at El Pollo Loco, Inc., Attention: Legal Department, 3535 Harbor Blvd., Suite 100, Costa Mesa, CA 92626.
DEFINITION OF "PERSONAL INFORMATION"
"Personal Information" means information that identifies any visitor/user of the Online Services or could reasonably be used to identify such visitor/user and which is submitted to and/or collected by the Online Services and maintained by EPL, including information actively submitted by you and passively-collected information, as described below.
COLLECTION OF PERSONAL INFORMATION ONLINE
E-mail addresses and other Personal Information of visitors, such as a first and last name, home or other physical address or telephone number, are known to EPL only when voluntarily submitted, for example, via purchases made through the Online Services, registration for sweepstakes or contests, content submissions, suggestions or participation in online interactive activities. For example, you may submit your name, postal address, e-mail address, and/or other information in order to receive information about various subjects, register for programs, contact customer service, or respond to surveys.
Mobile apps and mobile versions of our website may collect precise information about the location of your mobile device using location awareness technologies such as GPS, Wi-Fi, Bluetooth or cell tower proximity. EPL uses this information for location-based services that you request such as locating nearby El Pollo Loco restaurants or identifying special offers that may be of interest to you, or personalizing your interactions with EPL. For most mobile devices, you are able to withdraw your permission for EPL to acquire this information on your location through the device settings. If you have questions about how to disable your mobile device's location services, we recommend you contact your mobile device service provider or the device manufacturer. If you would like us to delete location information we have collected, please contact us at the email or postal address listed below. Please note that the applications may not function properly following deletion, and that we may be required by law to retain certain information.
USE OF PERSONAL INFORMATION
Personal Information may be shared by EPL with its affiliates and its and their respective franchisees, and with vendors ((including but not limited to, Heartland Payment Systems, IBM Marketing Cloud, Google Analytics, Facebook, Oracle Data Cloud, Place IQ, BlueLithium, Quantcast, and Rocket Fuel) that help access and manage the information (all of the foregoing are hereinafter referred to collectively as "authorized recipients"), but in all instances the information will be used only for the purposes enunciated in this policy. Specifically, this information may be used: (1) to help EPL better understand visitors'/users’ use of the Online Services; (2) to respond to specific requests from visitors/users; (3) to provide notices to visitors/users, such as marketing information, discount coupons and new product offerings; and (4) to protect the security or integrity of the Online Services. In addition, certain Personal Information may be submitted through the Online Services necessary to provide services offered by the Online Services. After you have entered Personal Information into a form or data field on the Online Services, EPL may use certain identifying technologies to allow that Online Service to "remember" your personal preferences, such as sections of the Online Services that you use frequently. EPL may also use this Personal Information for other business purposes, such as to offer you the opportunity to receive notices regarding EPL products or services, to invite you to participate in surveys about our products, or to notify you about special promotions.
CONSOLIDATION OF PERSONAL INFORMATION
EPL may consolidate the Personal Information of individuals who use the Online Services. EPL uses this information to help us better design the Online Services and our products, to communicate information to you, to enhance our marketing and research activities, and to facilitate other business functions.
LIMITATIONS ON COLLECTION OF PERSONAL INFORMATION
You may always limit the amount and type of actively-transmitted Personal Information that EPL receives about you by choosing not to enter any Personal Information into forms or data fields on the Online Services. However, some services can only be provided to you if you provide appropriate Personal Information. Other parts of the Online Services may ask whether you wish to opt out or opt in to contact lists for offers, promotions and additional services that may be of interest to you.
You may also be provided with preference questions or preference boxes allowing you to indicate that you do not want the Online Services to use tracking technologies, such as cookies, to "remember" your Personal Information, such as user IDs or mailing addresses, on return visits. However, if the Online Services uses tracking technologies to collect unidentifiable information, it will not generally provide you with the ability to opt out of the tracking technologies. Some internet browsers allow you to limit or disable the use of tracking technologies that collect passively-transmitted information. More detailed information about cookie management or other passive transmissions by specific web browsers can be found at the browser's respective websites.
TRANSMISSION OF PERSONAL INFORMATION TO THIRD PARTIES
Unless otherwise disclosed during the collection, this information will not be sold, transferred or otherwise disclosed to anyone other than authorized recipients, except where disclosure is required by law.
To the extent that any third-party websites, including the franchised operators of El Pollo Loco restaurants, and social media platforms, such as Facebook, Twitter, or Foursquare (all links to third-party websites and social media platforms are collectively referred to herein as "External Sites") accessible through this Online Services has different practices, those different practices will be applicable at those sites. EPL is not responsible for the practices, policies or content applicable to these External Sites. Inclusion of a link to another site does not imply endorsement by EPL.
Some of these third party companies may be participants in the Digital Advertising Alliance ("DAA"). The DAA offers a choice mechanism with respect to certain types of data collection and use. We adhere to the DAA's Self-Regulatory Principles for Online Behavioral Advertising. Visit www.aboutads.info to exercise choice with respect to participants of the DAA. If you would like to opt-out from having the behavioral-based advertising companies with whom we have a relationship use your Personal Information for advertising purposes you can do so by visiting the Network Advertising Initiative or Digital Advertising Alliance. If you change computers, devices, or browsers, use multiple computers, devices, or browsers, or delete your cookies, you may need to repeat this process for each computer, device, or browser.
Additionally, if EPL sells one of its product lines or divisions, Personal Information may be transferred to the buyer so that the buyer can continue to provide you with information and services. Finally, EPL reserves the right to disclose Personal Information to respond to authorized information requests from government authorities, to address national security situations, or when otherwise required by law, in EPL’s sole discretion.
EPL has implemented certain features of Google Analytics advertising features for the Online Services, including Remarketing with Google Analytics, Google Display Network Impression Reporting, Google Analytics Demographics and Interest Reporting and Integrated services that require Google Analytics to collect data via advertising cookies and anonymous identifiers. As a part of these programs, Google, as a third party vendor, makes use of certain cookies and anonymous identifiers to serve ads on the Online Services and to provide certain behavioral, demographic and interest data with third parties. Google's use of these cookies enables it to serve ads to users based on their visit to the Online Services and other sites on the Internet.
Users may opt out of the use of the Google Analytics advertising features through Google Ads Settings (see https://www.google.com/settings/ads/plugin), Google Ad Settings for mobile apps, the Google Analytics Opt-out Browser Add-on (available at https://tools.google.com/dlpage/gaoptout/), or other available means, such as the Network Advertising Initiative Opt Out Tool (available at http://www.networkadvertising.org/choices/).
With most Internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before cookies are stored. Please refer to your browser instructions or help screen to learn more about these functions.
Currently, our servers do not respond to browser ‘do-not-track’ signals. For websites, you may opt-out of certain tracking, however, by disabling cookies through your browser or by visiting the opt-outs provided by the Network Advertising Initiative, Digital Advertising Alliance, and Google as described above.
To opt out in mobile apps, please download the Digital Advertising Alliance’s AppChoices tool at www.aboutads.info/appchoices and adjust the advertising preferences on your mobile device.
SECURITY OF PERSONAL INFORMATION
EPL makes an effort to ensure that Personal Information is protected while you are on the Online Services. However, the confidentiality of Personal Information transmitted over the Internet cannot be guaranteed. We urge you to exercise caution when transmitting Personal Information over the Internet, especially Personal Information related to your health. EPL cannot guarantee that unauthorized third parties will not gain access to Personal Information; therefore, when submitting Personal Information to the Online Services, you must weigh both the benefits and the risks.
LINKS TO EXTERNAL SITES
PERSONAL INFORMATION RELATED TO CHILDREN: A NOTE FOR PARENTS OR LEGAL GUARDIANS
Consistent with the Children's Online Privacy Protection Act, EPL is committed to protecting children's privacy on the Internet. EPL does not intend to, or knowingly, collect, use, or disclose Personal Information (including online contact information) of children under the age of 18, and we encourage parents or guardians to supervise their children's online activities and to consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their names, addresses and other personal information without your permission. If EPL becomes aware of a child under the age of 18 attempting to register on the Online Services, EPL will not accept the registration. Once EPL becomes aware of a child under the age of 18 providing Personal Information, we will attempt to delete that information. If your child has provided Personal Information, please contact us so it can be deleted. If you are under the age of 18, do not provide EPL with any Personal Information.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits customers of EPL who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us at the address below.
ACCEPTANCE OF PRIVACY TERMS AND CONDITIONS
El Pollo Loco, Inc.
Attention: Legal Department
3535 Harbor Blvd., Suite 100
Costa Mesa, CA 92626
In all communications to EPL, please include the e-mail address used for registration (if applicable), the website address or the specific program to which you provided Personal Information and a detailed explanation of your request. If you would like to delete or amend your Personal Information and are contacting us by e-mail, please put "Deletion Request" or "Amendment Request", as applicable, in the subject line of the e-mail. We will do our best to respond to all reasonable requests in a timely manner.