PRIVACY POLICY

EFFECTIVE DATE:

December 3, 2018

Welcome to Famous Dave’s, where our mission is to consistently exceed our guests’ expectations. In order to accomplish this, we collect information to further enhance our level of service. We want to make your experience on our website satisfying and safe, and this Privacy Policy explains our data practices, defines our users’ (“you” or “your”) privacy options, and describes how your information is collected and used by Famous Dave’s of America, Inc. (“we,” “us,” “our,” or “Famous Dave’s”).

This Privacy Policy and Terms of Use governs your use of the Famous Dave’s website at www.famousdaves.com/ (“Site”), information provided while visiting one of our locations and any information we may access through social media platforms such as Facebook, Instagram, LinkedIn or Twitter. For the purposes of this Privacy Policy, we will refer to all of these access points as the Famous Dave’s system (“System”).

By using the Famous Dave’s System, you agree to the terms of this Privacy Policy and our Terms of Use.

A separate Privacy Policy and User Agreement governs your use of and orders through the website togo.famousdaves.com. Famous Dave’s mobile application is governed by its own Privacy Policy and End User License Agreement.

REVISIONS TO THE PRIVACY POLICY

We reserve the right to modify this policy from time to time and will mark new versions with a corresponding effective date. We recommend you visit the Site to review any changes in our practices. Your continued use of the System constitutes your agreement to our then-current Privacy Policy.

THE FAMOUS DAVE’S FRANCHISE SYSTEM

The Famous Dave’s franchise system is a retail network made up of franchised and licensed Famous Dave’s businesses. Famous Dave’s franchisees are independent third parties who own and operate their own individual franchised businesses. This Privacy Policy does not apply to any such franchisee, including in connection with such franchise operator's website, mobile application, social media page, or other online service for his, her, or its franchised business.

WHAT INFORMATION IS COLLECTED?

Information Collected Directly from You

We may collect personal information about you when you sign up for a mailing list or our email club, Famous Nation, sign up for the App, provide your information in connection with a job application or a franchise inquiry, submit information in connection with a purchase or as part of other online services, register an account, fill out a “Contact Us” form or contact us through our email address or social media pages, post comments, or register for an event.

The information we may collect includes, but may not be limited to:

• Name, birth date, and age;
• Email address, phone number, mailing address, and other contact information;
• Your username, password, and other information relevant to register for an account with Famous Dave’s;
• Financial information necessary to process a purchase or other request;
• For job applications and franchise inquiries, your employment and educational history and other related information and qualifications;
• For development opportunity inquiries, your state and county;
• Your responses to customer satisfaction surveys;
• Information you provide to register for any event or program, and/or participate in any event, program, contest, surveys, offers or other promotion that we may offer from time to time, including our Famous Dave’s rewards program;
• Business affiliations; and
• Other information related to your requests or inquiries.

Information Collected Automatically

Some of the personal information we collect from you may happen automatically. We use tracking technologies such as cookies, log files, and pixel tags to automatically collect information when users visit our System. Information we collect includes but may not be limited to:

• IP address to measure our website traffic and to help provide a more personalized experience;
• Information regarding your browser and other technical specifications required to use our System;
• The date and time you access the System and the length of your visit;
• Your transaction history relating to the use of our products and services;
• If you choose to log into your account through our System via social media networking sites, we may collect information provided in your social media account, such as profile information, name, type of mobile device, phone number, email address, profile picture, and friend list. If you do not want us to have access to this information, do not utilize the social media sign-in feature.
• Computer data or files, often called “cookies,” which may be sent by your web browser and stored on an individual computer to allow our server to “recognize” you through the navigation of the Site, and for us to credit your account for various online transactions; and
• Computer data files, often called “web beacons” that are collected from emails or links on third-party sites that allow our server to evaluate the popularity of those links or the information contained in emails or on third-party sites.

For more information, see the “Cookies and Similar Technologies” section below.

COLLECTING INFORMATION FROM CHILDREN UNDER THE AGE OF 13

Our System is not designed for children, and we do not knowingly collect information from any person under the age of 13.

HOW IS THE INFORMATION WE COLLECT USED?

We collect information about you in order to provide you with services and products, and also to collect information that is necessary for the System to work properly. We use personal information for a variety of purposes related to our business, including but not limited to:

• Providing services and support
  Performing the essential functions of the System including responding to inquiries, fulfilling orders and requests, processing payments, providing support and troubleshooting, providing our rewards program and other promotions, and communicating with users about their use of the System or regarding a user initiated inquiry on the System.
• Offering Catering Services
  Providing catering quotes and helping you find a Famous Dave’s location near the ZIP, City, or State you provide.
• Communicating with users about products or services
  Sending or initiating direct marketing programs, such as newsletters, special event notifications, mailings, or text messages with information about products or services we are offering; using content from social media platforms where users discuss our products or use a hashtag related to our products. It is our policy to never send text messages or mailings to users who have asked us not to do so, either at initial registration or later through an unsubscribe process within the time period permitted under applicable law.
• Personalizing user experiences on our System
  Tailoring content on the System based on user location, preferences, and other personalization factors.
• Assessing qualifications for employment or franchises
  Assessing inquiries and qualifications for potential employment or franchise-related opportunities.
• Analytics and System improvement
  Tracking information about your visits to and use of the System to allow us to provide better service; using certain online preferences in the aggregate across all users to evaluate the System and develop additional products and services to offer; to protect the security and integrity of our business.
• Compliance with legal obligations
  Sharing information to comply with the law or a legal proceeding, such as in response to a subpoena or court order.
• Other purposes necessary to carry out our obligations under this Privacy Policy or our Terms of Use or for any other purposes with your consent.

DISCLOSURE OF INFORMATION

We may share information, in the aggregate, regarding your online browsing preferences to evaluate our products or allow the third parties we work with to better serve our users. We will not share personally identifiable information in these instances, other than as described in this Privacy Policy.

We will not share your information with third parties to directly market their products to you. We may provide user information to third-party service providers or vendors for purposes including but not limited to:

• Initiating direct marketing programs on our behalf;
• Data tracking;
• Processing payments and facilitating orders and delivery;
• Maintenance or development of our System;
• Development of online products, services, or customer service, or new product development; and
• Other contracted promotional opportunities provided to our users.

SHARING WITH AFFILIATES.

We may also share this information with any franchisees, subsidiaries, licensees, suppliers, distributors, affiliates, assigns, successors, or other related entities and their respective owners. We may also share information with local development or real estate contacts regarding Famous Dave’s development opportunities in response to a user inquiry. Any local contacts’ website, system, or marketing campaign is governed by the terms of the local contact’s privacy policy and terms of use.

LEGAL REQUIREMENTS.

We may also share your personal information collected through the System in connection with law enforcement requests or in response to investigations, subpoenas, court orders, or other legal processes to establish or exercise our legal rights or defend against legal claims, or as otherwise required by law.

BUSINESS TRANSFERS

We may also disclose your information to a third party as part of reorganization or a sale of the assets of Famous Dave’s, or its franchisees, subsidiaries or divisions. Any third party to which Famous Dave’s transfers or sells the System or related assets will have the right to continue to use the personal and other information that you provide to us.

COOKIES AND SIMILAR TECHNOLOGIES

We use cookies, pixel tags, and similar technologies to gather information about your use of our System and to customize your experience using the System.

Cookies

Cookies are small data files that help us keep track of your usage of the System. Many of the cookies we use enable the System to function as you would expect it to. Cookies enable the System to remember things like your login information so you do not have to re-enter it, items in your shopping cart when you navigate away from the page, user preferences, and other personalized settings. Cookies also enable us to track and analyze user behavior in order to improve our System. Most web browsers automatically accept cookies but you can choose to accept or decline certain types of cookies if you prefer. However, declining cookies may impact the functionality of the System and in some cases you may not be able to access the functions of the System. We use the following categories of cookies on the System:

• Session cookies
  Session cookies are stored on the user’s hard drive temporarily and are deleted when the user ends the browsing session. Session cookies are useful for things like keepings item in a shopping cart while the user continues to browse.
• Persistent cookies
  Persistent cookies stay on the user’s hard drive until they expire, even after the browser is closed. Persistent cookies are useful for remembering things like login information, so users do not have to enter their password every time they visit the System.
• Third-party cookies
  Third party cookies are not installed directly by our System, but by third parties such as advertisers. Third party cookies are used to track advertising preferences from site to site, and to gather data about users’ browsing habits in order to improve the user experience.

BEHAVIORAL ADVERTISING

We may also use third-party vendors, such as Google Analytics, to advertise to our users online. These third-party vendors may display Famous Dave’s product advertisements on other websites based on your internet usage. More specifically, these vendors use first-party cookies (such as the Google Analytic cookie) and third-party cookies (such as Facebook Connect) together to inform, optimize, and serve ads based on your past visits to the System or another site affiliated with Famous Dave’s products or services. You can opt-out of Google Analytics for Display Advertising by using Google’s Ads Settings.

THIRD PARTY WEBSITES AND LINKS

Our System may contain links to other websites. These websites may have privacy policies different than our Privacy Policy. The System may also contain certain social media icons or widgets. Although you can view the material we have linked to, you may have to create an individual account or register to use these third-party social media sites to use interactive features. Any interaction on social media or other third-party websites is governed not by this privacy policy but by the terms of use and privacy policy of the particular platform.

HOW IS USER INFORMATION PROTECTED?

We maintain administrative, physical, and technical safeguards for all user information collected in our System.

YOUR OPTIONS

By providing information to us or using our System, you are consenting to our use of your data as outlined in this Privacy Policy.

While we work hard to use and disclose our users’ personal information only for the purposes identified above, you can choose not to provide personal information or limit the personal information obtained by us as follows:

• You may have your contact information removed from our marketing lists to inform users of new or relevant products, services, and special offers by clicking on the unsubscribe link in any communication received from us, or by emailing us at loyalty@famousdaves.com;
• You may limit the collection of “cookies” through your browser settings. However, this may disable our ability to provide you with the most relevant products or information regarding the System; and
• You may limit the ability of Google Analytics to track your online activity, as outlined in the “Behavioral Advertising” section.

DO NOT TRACK SIGNALS

At this time, our System does not respond to Do Not Track signals.

CONTACTING US

ACCESSING, CORRECTING, OR DELETING YOUR INFORMATION

You can review and edit some of your personal information by logging into your rewards account and visiting the “My Account” section. You may also fill out a form at www.famousdaves.com/datarequest to receive, correct, or delete any personal information that you have provided to us. In certain cases, account information adjustments cannot be made and will require a new account to replace the old information.

We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your user contributions from our Sites, copies of your user contributions may remain viewable in cached and archived pages or might have been copied or stored by other users of our Sites.

] California Civil Code § 1798.83 permits users that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. You may also, in certain circumstances, access and edit your personal information. To make these requests, please contact us at loyalty@famousdaves.com.

For additional information pertaining to our Privacy Policy, please contact:

Famous Dave’s of America, Inc.
https://www.famousdaves.com/ContactUsForm ATTN: Guest Relations
12701 Whitewater Drive, Suite 190
Minnetonka, MN 55343