California Privacy

Effective Date: May 26, 2020

This California Consumer Privacy Statement (“Statement”) supplements the Momofuku Privacy Policy. It applies solely to California consumers and addresses personal information we may collect online and offline, including from our employees and applicants for employment.

This California Consumer Privacy Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”).

 

Notice of Collection and Use of Personal Information

We may collect (and may have collected during the 12-month period prior to the effective date of this Statement) the following categories of personal information about you:

1. • Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, internet protocol address, email address, account name, Social Security number, driver’s license number, passport number, and other similar identifiers

1. • Additional Data Subject to Cal. Civ. Code § 1798.80: signature, state identification card number, education, bank account number, credit card number, debit card number, and other financial information, and medical information

1. • Protected Classifications: characteristics of protected classifications under California or federal law, such as race, national origin, age, sex, gender, gender identity, marital status, medical condition, disability, citizenship status, and military and veteran status

1. • Commercial Information: commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies

1. • Online Activity: Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements

1. • Geolocation Data

1. • Sensory Information: audio, electronic, visual and similar information

1. • Employment Information: professional or employment-related information

1. • Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

 

We may use (and may have used during the 12-month period prior to the effective date of this Statement) your personal information for the purposes described in our general Privacy Policy and for the following business purposes specified in the CCPA:

1. • Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services
   • Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance
   • Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction
   • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
   • Debugging to identify and repair errors that impair existing intended functionality
   • Undertaking internal research for technological development and demonstration
   • Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
   • Managing employment and/or career opportunities with Momofuku.

 

Sources of Personal Information

We may have obtained personal information about you from various sources, as described below.

During the 12-month period prior to the effective date of this Statement, we may have obtained personal information about you from the following categories of sources:

1. • Directly from you, such as when you make a purchase
   • From your devices, such as in connection with your use of our website
   • Your family or friends in connection with their use of the website, such as by sending information about our products directly to you
   • Our affiliates and subsidiaries
   • Vendors who provide services on our behalf
   • Social networks
   • Online advertising companies
   • Government entities

 

Sale of Personal Information

We do not sell your personal information in exchange for monetary compensation. We may allow certain third parties (such as certain advertising partners) to collect your personal information via automated technologies on our website in exchange for non-monetary consideration (such as an enhanced ability to serve you content and advertisements that may be of interest to you). You have the right to opt out of this disclosure of your information, as detailed below.

During the 12-month period prior to the effective date of this Statement, we may have sold the following categories of personal information to online advertising services and advertising networks:

1. • Identifiers
   • Protected Classifications
   • Commercial information
   • Online Activity
   • Inferences

We do not sell the personal information of minors under 16 years of age without affirmative authorization if we have actual knowledge of the individual’s age.

 

Sharing of Personal Information

During the 12-month period prior to the effective date of this Statement, we may have shared your personal information with certain categories of third parties, as described below.

We may have disclosed the following categories of personal information about you for a business purpose to the following categories of third parties:

Category of Personal Information	Category of Third Party
Identifiers	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms o   Online advertising services and advertising networks o   Internet service providers o   Data analytics providers o   Operating systems and platforms o   Social networks
Additional Data Subject to Cal. Civ. Code § 1798.80 Law	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms
Protected Classifications	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms o   Online advertising services and advertising networks o   Internet service providers o   Data analytics providers
Commercial Information	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms o   Online advertising services and advertising networks o   Internet service providers o   Data analytics providers
Online Activity	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms o   Online advertising services and advertising networks o   Internet service providers o   Data analytics providers o   Operating systems and platforms o   Social networks
Geolocation data	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms o   Online advertising services and advertising networks o   Internet service providers o   Data analytics providers o   Operating systems and platforms o   Social networks
Sensory Information	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms o   Online advertising services and advertising networks o   Internet service providers o   Data analytics providers o   Operating systems and platforms o   Social networks
Employment Information	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms o   Internet service providers
Inferences	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms o   Online advertising services and advertising networks o   Internet service providers o   Data analytics providers o   Operating systems and platforms o   Social networks

In addition to the categories of third parties identified above, during the 12-month period prior to the effective date of this Statement, we may have shared personal information about you with government entities.

 

California Consumer Privacy Rights

You have certain choices regarding our use and disclosure of your personal information, as described below.

1. • Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed and sold about you during the past 12 months.

 

1. • Deletion: You have the right to request that we delete certain personal information we have collected from you.

 

1. • Opt-Out of Sale: You have the right to opt-out of the sale of your personal information.

 

1. • Shine the Light Request: You also may have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties.

How to Submit a Request: To submit an access or deletion request, to submit  Shine the Light request or to opt our of the sale of your personal information, email us at privacy@momofuku.com.

Verifying Requests: To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. If you have an account with us, we verify your identity by requiring you to sign in to your account. If you do not have an account with us and you request access to or deletion of your personal information, there may be no reasonable method by which we can verify your identity to the level of certainty required by the CCPA.

Additional Information: If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.

For questions or concerns about our privacy policies and practices, please contact us at privacy@momofuku.com.