PRIVACY POLICY

Effective Date: May 2014

This Privacy Policy (“Policy”) applies to P.F. Chang’s China Bistro, Inc. and Pei Wei Asian Diner, LLC, and their respective affiliates, subsidiaries, divisions or designees (collectively, “PFCB,” and as the context may require, “our,” “us,” or “we”). This Policy describes how PFCB collects customer personal information, and how we use and share the information we collect, and also provides guidance on how you can manage the personal information that you provide to us. We provide this Policy to help you make an informed decision about whether to continue to access our services.

Privacy Policy Highlights

Please also read our full Privacy Policy.

Personal Information Collected

The information that we may receive and collect from you depends on what you do when you visit our restaurants or websites or use our mobile applications (e.g., your name, email address, address, telephone number, or credit card information).

You may provide us with additional personal information when you create an account and interact with our websites’ or mobile applications’ features and functionality.

Tracking Technologies (Cookies, etc.)

We use tracking technologies such as cookies and similar technologies to measure usage during your visits to other websites and provide information and advertising that will be of most interest to you. More info

We may collect additional information from you (e.g., unique device identifier, device’s operating system, or mobile carrier) if you access our websites or other applications through a mobile device.

Disclosure of Information

By interacting with us and using our services you agree that we may share your personal information and other information we collect with our affiliated companies, ad networks, social networks, our service providers and legal advisors, law enforcement, and others if there is a change of control, and otherwise as set forth in the Policy.

Your Information Choices

You can control whether you receive promotional communications from us.

Access and Review Options

You can change your information at any time by editing your online account. You can also ask us to modify information we have about your account by contacting us at privacy@pfcb.com or as otherwise set forth in the Policy.

We may retain certain information for legitimate business and archival purposes and if required by law.

Updates to this Privacy Policy

We may notify you about material changes to this Policy by posting a new effective date on our websites.

Contact

Questions about our Privacy Policy or about our handling of your information may be sent to privacy@pfcb.com or as otherwise set forth in the Policy.



This Policy describes how PFCB collects customer information and uses and shares the information collected. Under this Policy, “Information” means information, including personal information, collected from anywhere, including our restaurant locations in the contiguous United States, our websites at www.pfchangs.com and www.peiwei.com, and other websites where we post this Policy (collectively, the “Sites”), as well as our other mobile websites, mobile applications, services, tools, and other applications that link to this Policy (collectively, the “PFCB Applications”). This Policy also provides guidance on how to manage the Information that you provide to us. We provide this Policy to help you make an informed decision about whether to continue to access PFCB Applications or our services. This Policy should be read in conjunction with the Terms of Service located on our Sites, which is incorporated herein by reference.

Our goal is to collect and use only that Information that we think is required for our legitimate business interests, or that helps us to better understand your interests and improve your experience of using our Services.

1. Information We Collect

• Information Collected Directly From You

You can browse our PCFB Applications without telling us your name or revealing other personal information about yourself. The Information that we may receive and collect from you depends on what you do when you visit our restaurants or Sites or use other PFCB Applications or the services accessed through or provided by our restaurants or PFCB Applications (collectively, the “Services”). For instance, if you create an account for online ordering, make reservations online or via our mobile applications, fill out customer comment cards, participate in a promotion, or join our customer loyalty programs or email lists, you give us your personal information. You may also give us your personal information when requesting that we contact you.

• Surveys and Promotions

From time to time, we may request Information from you and other users via surveys or contests or sweepstakes. Participation in these surveys, contests or sweepstakes is completely voluntary. Contact information may be used to notify the winners and award prizes and file winners’ information as required by law. Survey information will be used for the purpose(s) of the survey.

• Content You Post

PFCB Applications are designed to enable you to communicate with others; any Information or content you post when participating with PFCB Applications and social media sites, plug-ins or other applications becomes public information, depending upon your privacy settings, and is subject to redistribution by PFCB and other third parties. There is no expectation of privacy when posting content or otherwise participating in such interactive forums and we have no control over how other users may use the information you make public. Therefore, you should exercise caution and discretion when disclosing your personal information in a public submission or posting.

• Information Collected Through Tracking Technologies

In addition to any Information that you choose to submit to us, we and our business partners may use a variety of tracking technologies (including cookies, flash cookies, web beacons/GIFs, HTML5, embedded scripts, e-tags/cache browers/web logs) (“Tracking Technologies”) that automatically (or passively) collect certain information from your computer, mobile, or other access device (“Device”) whenever you visit or interact with the PFCB Applications or third party websites, including your Device identifier, the type and version of Internet browser software you use, and your operating system. We may also collect password information from you when you log in, as well as computer and connection information. During some visits we may use software tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction information. Certain features of our Services are only available through the use of Tracking Technologies. We may use Tracking Technologies for a variety of purposes, including the following:

Operationally Necessary. We may use Tracking Technologies required for system administration, to prevent fraudulent activity, improve security or allow you to make use of our Sites’ functionality.

Performance Related. We may use Tracking Technologies to assess the performance of our Services, including as part of our analytic practices to improve the content offered through the Services.

Functionality Related. We may use Tracking Technologies to tell us, for example, whether you have visited the Sites before or if you are a new visitor and to help us identify the features in which you may have the greatest interest.

Targeting Related. We may use Tracking Technologies to deliver content, including ads, relevant to your interests on PFCB Applications and third-party sites based on how you interact with our advertisements or content as well as track the content you access.

• Targeted Advertising

We may use Tracking Technologies to collect Information about your visits over time and across the PFCB Applications and other third-party web sites, as well as information received from other sources, in order to serve more targeted advertising to you. To serve ads we use a variety of third-party advertising service providers, including networks, data exchanges, ad servers, analytics providers and others. These third parties may use Tracking Technologies to send, directly to your Device, the advertisements and links that appear on the PFCB Applications. They automatically receive your Device identifier when this happens. Their tools may also limit the number of times you see the same ad and help measure the effectiveness of advertising campaigns. Third parties may also use information gathered from your use of PFCB Applications to serve targeted advertisements to you on third-party websites and applications. Some of the advertising service providers may be members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. If you opt out of receiving targeted ads in this manner, you will continue to receive advertising messages, but they will not be customized to you based on your use of PFCB Applications or third-party websites. If you would like more information about advertisers’ use of tracking technologies and about your option not to accept them, you can go to www.networkadvertising.org. To learn more about how interest-based information is collected, whether the companies we use are part of an industry network regarding behavioral advertising, or to know your choices about not having information used in this manner, you can go to www.aboutads.info. Please note that the opt-out is cookie-based and will only affect the specific computer and browser on which the opt-out is applied.

• Third-Party Tracking Tools

We use Google to serve first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to report how our ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to visits to the PFCB Applications. To learn about Google Analytics’ currently available opt-outs for the Web, click here. To learn more about how Google uses cookies in advertising, you can visit the Google ad and content network privacy policy located here. You can opt out of receiving interest-based Google ads, or customize the ads Google shows you, by clicking here

• Browser “Do Not Track” Signals

Some third-party browsers provide “do not track” machine readable signals for websites, which are automatically applied by default and therefore do not necessarily reflect our visitors’ choice as to whether they wish to receive advertisements tailored to their interests. As a result, we do not respond to these signals.

• Notice Regarding Geo-location Functionality

Information gathered from your use of the PFCB Applications may be combined with information from third-party sources to identify your location by state and region (“Regional Location”). Certain of our mobile PFCB Applications have search functionality that gathers aggregate location data about visitors who are in or near our restaurants, and when visitors opt in, allows us to collect information about their precise geographic location (“GPS/Geo-location”). If you agree to have your GPS/Geo-location collected, we may use and retain that data to provide you with information about restaurants in your area or carry out marketing and other activities contemplated by this Policy. When you have GPS/Geo-location software running on your Device, we may only collect that Information as controlled by your privacy settings on your Device.

• Mobile Information

When you access PFCB Applications on a mobile device, we may use the Information collected for any purpose set forth in this Privacy Policy. For example, we may use the Information to provide you with location-based services, such as advertising, search results, and other personalized content. We may collect Information regarding your mobile carrier, Regional Location and, if you opt in, GPS/Geo-location.

• Information About Others/Inviting Friends

From time to time you may choose to submit personal information about other people to invite them to use our Services. Inviting friends is always optional. Please be aware that when you use any send-to-a-friend functionality on the PFCB Applications, your email address may be included in the communication sent to your friend.

• Information From Other Sources

The Information we collect may be combined with information from outside records (e.g., demographic information, navigation information, and additional contact information) that we have acquired in accordance with the law. We may also acquire Information from other sources about your visits over time and across other third-party websites, in order to serve more targeted advertising to you on the PFCB Applications.

• Contacting Us

When you provide us with Information in connection with a particular activity or sign up for our Services (including by providing an email address or telephone number in connection with that activity or Service), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using the Information you provided to us. This means we may contact you by email, telephone (including by recorded message and with the use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving. You attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you.

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2. How We Use and Share Your Information

• Our Use of Customer Information

We may use Information that we collect about you: (1) to respond to your requests; (2) to fulfill orders or reservations made by you; (3) to send you special offers for our restaurant services that may be of interest to you; (4) to provide customer service; (5) to administer a contest, sweepstakes or promotion or our customer loyalty programs; (6) to provide information to third parties at your request; (7) to improve our Services and to customize your experience; (8) for internal business purposes; and (9) for purposes disclosed at the time you provide your Information, or as otherwise set forth in this Policy.

• Service Providers

We may disclose Information to our third-party service providers in order to monitor the activity of PFCB Applications, conduct surveys and administer contests or sweepstakes, send marketing communications, and provide Services to you, such as to fulfill gift card orders (U.S. Postal Service, Canada Post, or other delivery companies we or you select) and provide customer service.

• Analyze and Aggregate Non-Personal Information

We use aggregate information about our users and non-personal information to analyze the PFCB Applications and user behavior and prepare aggregated reports which we may share with third parties.

• Process Payments

Information may be disclosed to process credit card transactions, which are handled by established third-party banking, processing agents and distribution institutions. They receive the Information needed to verify and authorize your credit card or other payment information and to process your order. In addition, we may disclose Information to third parties to verify the authenticity of any financial transaction involving our company or its subsidiaries or to update your billing information.

• Communicate With You and Third Parties at Your Request

We use your Information to contact you about your orders, reservations or other requests, as described at the time when we collect the Information, or to contact you for other purposes authorized by law.

• Mobile Data

When you access PFCB Applications on a mobile Device, we may use the Information collected for any purpose set forth in this Policy. For example, we may use this Information to provide you with location-based services, such as locally based search results, and other personalized content.

• Promotional Communications

Unless you “opt out” of receiving such messages, we may use your address, email address and mobile phone number to send you updates and communications about our products and services or other promotional communications, such as newsletters, changes to our menu or restaurants or special offers (“Promotional Communications”). If you wish to opt out of receiving Promotional Communications or change your preferences for Promotional Communications, you may follow the instructions in Section 3 (Access to and Managing Your Information) set forth below.

• Co-branded Areas

Certain areas on our PFCB Applications may be provided to you in association with third parties (“Co-Branded Areas”). Such Co-Branded Areas will identify the third party. If you register for the products or services provided at these Co-Branded Areas, either you will be providing your personal information to both us and the third party, or we may be providing your personal information directly to the third party in order for that third party to fulfill their products and services directly with you. Your personal information will be subject to this Policy as well as the privacy policy and practices of such third party. We are not responsible for the privacy practices of those third parties and we suggest you review the respective privacy policies of those third parties to learn more about their privacy practices.

• Ad Networks

On PFCB Applications we may work with third parties to serve advertisements, provide us with data collection, reporting, ad response measurement and site analytics, and assist with delivery of relevant marketing messages and advertisements. These third parties may view, edit or set their own Tracking Technologies. The use of these Tracking Technologies by these third parties is subject to their own privacy policies and is not covered by this Policy. They might also obtain information about other applications that you have downloaded to your mobile Device, the websites you visit and other information about you or your Device in order to analyze and serve anonymous targeted advertising on the PFCB Applications and elsewhere. Visit http://www.aboutads.info/choices for more information about third-party ad servers and your ability to opt out of targeted advertising from such third parties.

• Legal Matters; Safety

We may, without your consent, access and disclose your Information, any communications sent or received by you, and any other information that we may have about you or your account as may be permitted or required by law (including, but not limited to, court order or subpoena), or to prevent or investigate suspected fraud, violations of our Terms of Service, or activity that appears to us to be illegal or may expose us to legal liability. Additionally, we may disclose your Information if we believe that it in any way relates to a situation that we believe may involve potential threats to the physical safety of any person or property.

• Sale or Transfer of Business or Assets

If P.F. Chang’s China Bistro, Inc., or any of its affiliates or businesses, is sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership, personal information of our users may be one of the assets sold or merged in connection with that transaction. Information about our customers and users of our PFCB Applications may also need to be disclosed in connection with a commercial transaction where we or any one of our businesses are seeking financing, investment, or funding.

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3. Access to and Managing Your Information

We believe it is important for you to be able to access and manage the Information you have provided to us and make choices about how it is used. To inquire about or update your Information, “opt out” of receiving future Promotional Communications, or change your preferences, you may take the following measures:

To change your profile information and preferences: To “opt out” of receiving Promotional Communications:

If you request any changes in the Information we have in your account, we will endeavor to comply with your requests as soon as reasonably possible; please note that changes requested of us may not be effective immediately and until that change takes effect, you may still receive or not receive Promotional Communications from us. We may maintain Information for archival or other internal business purposes.

Please note that if you “opt out” of receiving Promotional Communications, you may still receive transactional communications from us, including order confirmations or other administrative information.

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4. Important Disclosures, Practices and Contact Information

• Links to Other Sites

Our Sites may utilize hyperlinks to access external or third-party sites, which are not controlled by us and, therefore, are not subject to this Policy. We recommend that you check the privacy policies of those third-party sites to determine how the proprietors of those sites will utilize your personal information.

• Security

We implement security measures to protect against the loss, misuse, and alteration of information under our control. However, no system can guaranty that there will never be unauthorized access to your Information, and your use of PFCB Applications indicates that you are willing to assume this risk. Nevertheless, credit card security is a high priority and we use SSL encryption software when collecting and transmitting your billing information to our payment processors. If you prefer, we are happy to accept your payment over the phone or in person when you visit one of our restaurants. If you wish to purchase a gift card over the phone, please call us toll free at 1-866-732-4264 and indicate that you wish to purchase a gift card without any information being submitted over the Internet.

• What You Need to Do to Protect Your Information

There are several measures you can take to protect your Information. One option is simply not to volunteer it to us. As stated above, this approach would allow you to still visit our restaurants or access PFCB Applications; however, you will not be able to use all of our Services, including online ordering, purchases, and reservations. The Federal Trade Commission’s site, www.ftc.gov, also offers useful information about how to protect personally-identifiable information provided online or through mobile applications.

• Children’s Privacy

PFCB Applications are targeted for use by adults. We do not currently market to or create special areas for use by children. Accordingly, we do not knowingly collect any personal information from children under the age of 13 years. If we discover that a child under the age of 13 has provided personally identifiable information to us, we will delete the child’s personally identifiable information from our files to the extent technologically possible.

• No Rights of Third Parties

This Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of our PFCB Applications or our Services.

• Disputes

Any dispute over our use of your Information or privacy is subject to this Policy and our Terms of Service including limitations on damages, resolution of disputes, and application of the laws of the United States and the State of Arizona.

• Changes to the Privacy Policy

We may change this Policy from time to time. You agree that we may notify you about material changes in the way we treat Information by placing a notice on the Sites. The most recent version of the Privacy Policy will always be posted on the Sites, with the “Effective Date” posted at the top of the Policy. You should check the Sites frequently for updates. By accessing PFCB Applications or using our Services after the Effective Date you are deemed to consent to our then-current privacy policy.

• Questions or Comments

If you have any questions or comments concerning this Policy, please email us at privacy@pfcb.com or write to us at:

P.F. Chang’s China Bistro, Inc.
Attn: Guest Relations Manager
7676 East Pinnacle Peak Road
Scottsdale, AZ  85255

When contacting us, please include your full name, address, phone number and email address and indicate the specific nature of your request.

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Copyright © 2014, P.F. Chang’s China Bistro, Inc. All rights reserved.