PANERA CALIFORNIA PRIVACY NOTICE

 

 

LAST UPDATED: March 5, 2025

 

This Privacy Notice (the “Notice”) is provided under California law.  It provides Panera’s California “Notice at Collection,” as required by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, and its implementing regulations (collectively, the “CCPA”). This notice includes certain disclosures mandated by the CCPA about our treatment of California residents’ personal information, both online and offline, explains your legal privacy rights and how to exercise them, and provides our “Notice of Financial Incentive” (as defined by the CCPA).

 

This Notice supplements the information contained in our Privacy Policy and applies solely to California residents.  Unless otherwise expressly stated, all terms used in this Notice have the same meanings ascribed to them in our Privacy Policy.

 

 

PERSONAL INFORMATION COLLECTION AND DISCLOSURE

 

The following chart details our data collection practices over the past twelve months, including the categories of personal information we have collected from California residents, the source(s) of each category of information, the categories of third parties to whom we have disclosed each category of information for a business or commercial purpose, and the categories of third parties to whom we have “sold” or “shared” each category of information (as such terms are defined in the CCPA) (where applicable).

 

 

Category of Personal Information	Categories of Sources	Disclosures of Personal Information for a Business Purpose	Sale or Sharing of Personal Information
Identifiers, including names, postal addresses, email addresses, online identifiers, IP addresses, account names, and other similar identifiers (e.g., social media identifiers).	- Directly from individuals   - Through automated means   - Service Providers   -Payment Processors   - Data Brokers   - Advertising Partners	- Service Providers   - Payment Processors    - Government Agencies (if necessary to meet legal obligations)	- Advertising Partners   - Data Brokers
Personal information categories listed in the California Customer Records statute, including names, mailing addresses, telephone numbers, and credit and debit card information.	- Directly from individuals   - Through automated means   - Service Providers   - Payment Processors   - Data Brokers   - Advertising Partners	- Service Providers   - Payment Processors   - Government Agencies (if necessary to meet legal obligations)	- Advertising Partners   - Data Brokers
Protected classification characteristics under California law or federal law, including age (over 40) and sex/gender expression.	- Directly from Individuals	- Service Providers	Panera has not sold or shared information in this category in the past twelve months
Commercial information, including items purchased, obtained, or considered and other purchasing or consuming histories or tendencies.	- Directly from individuals   - Through automated means   - Data Brokers   - Advertising Partners	- Service Providers   - Payment Processors   - Government Agencies (if necessary to meet legal obligations)	- Advertising Partners   - Data Brokers
Internet or other electronic network activity information, including internet browsing history, search history, and information about interactions with the Digital Properties and advertisements.	- Through automated means   - Third-party sources	- Service Providers   - Payment Processors   - Government Agencies (if necessary to meet legal obligations)	- Advertising Partners   - Data Brokers
Geolocation data (non-precise), such as IP location.	- Directly from individuals   - Through automated means	- Service Providers   - Payment Processors   - Government Agencies (if necessary to meet legal obligations)	- Advertising Partners   - Data Brokers
Audio, electronic, visual, or similar information, such as recordings of phone calls or drive-thru interactions (where permitted by law) and CCTV video footage.	- Directly from individuals   - Through automated means	- Service Providers   - Payment Processors   - Government Agencies (if necessary to meet legal obligations)	Panera has not sold or shared information in this category in the past twelve months
Professional or employment-related information, including job roles/titles and employer names.	- Directly from individuals	- Service Providers	Panera has not sold or shared information in this category in the past twelve months
Inferences, meaning inferences drawn from any of the information in the above-listed categories of personal information to create a consumer profile reflecting consumer preferences or characteristics.	- Through automated means   - Third-party sources	- Service Providers	- Data Brokers   - Advertising Partners
Sensitive personal information, including log-in information for accounts in combination with passwords allowing access to the accounts and individuals’ precise geolocation.   We do not use or disclose such information for the purpose of inferring characteristics about you or for any purpose other than the limited permissible purposes set forth in the regulations implementing applicable law. Such purposes include providing our Services and verifying, maintaining the quality of, and improving our Services.	- Directly from individuals   - Through automated means	- Service Providers	Panera has not sold or shared information in this category in the past twelve months

 

 

PURPOSES FOR COLLECTING AND DISCLOSING PERSONAL INFORMATION 

 

As described in more detail in the “How Do We Use Your Personal information?” section of our Privacy Policy, we collect and disclose the above-listed categories of personal information to third parties for specific business and commercial purposes, including to provide, improve, and personalize our Services, to communicate with you, to provide you with marketing and engage in advertising, for research and analytics, and as otherwise necessary or appropriate to support and protect our business and fulfill other legitimate business or commercial purposes.

 

 

PURPOSES FOR SELLING AND SHARING PERSONAL INFORMATION

 

As detailed in the chart above, we “sell” and “share” (as such terms are defined in the CCPA), certain categories of personal information to and with third parties and have “sold” and “shared” certain categories of personal information in the past twelve months.

 

As described in more detail in the “How Do We Use Your Personal information?” section of our Privacy Policy, we sell or share personal information to third parties for specific business or commercial purposes, including for analytics, marketing, and advertising purposes.  You have the right to request to opt out of the sale or share of your personal information. For more details, see below.

 

We do not knowingly “sell” or “share” the personal information of individuals under 16 years of age, unless we receive consent from either an individual who is between 13 and 16 years of age or the parent or guardian of an individual less than 13 years of age.

 

 

USE AND DISCLOSURE OF SENSITIVE PERSONAL INFORMATION

 

As detailed in the chart above, we collect certain “sensitive personal information” (as defined in the CCPA). However, we do not use or disclose sensitive personal information for any purpose outside of the limited permissible purposes set forth in the CCPA. Such purposes include providing the Services; preventing, detecting, and investigating security incidents; and verifying, maintaining the quality of, and improving the Services.

 

 

RETENTION OF PERSONAL INFORMATION

 

We will retain your personal information as long as necessary to fulfill the purposes for which it was collected as outlined in our Privacy Policy (including to satisfy our legal or reporting requirements), unless a longer retention period is required or allowed under applicable law. We may retain personal information after our relationship with you ends.

 

To determine the appropriate retention period for personal information, we consider a variety of factors, including: the amount, nature, and sensitivity of the personal information; the potential risk of harm from unauthorized use or disclosure of the personal information; the purposes for which we use the personal information; the need to operate, analyze, or improve our business; whether we can achieve the purposes through other means; the needs to exercise or defend legal claims; the need to prevent fraud, protect assets, and promote security; protecting the right or safety of you, us, or others; and record keeping or other applicable legal requirements.

 

 

YOUR LEGAL RIGHTS

 

California law provides California residents with specific rights regarding their personal information and sensitive personal information. This section describes the rights that you may have and explains how to exercise those rights. When we receive a request to exercise your rights, such as a request to delete your personal information, we may need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to your request, or for other purposes as required or permitted by applicable law. As a California resident, you have the following rights:

 

·      Right to Know: You have the right to know the following information covering the twelve months preceding your request:

 

o   the categories of personal information we have collected about you and the categories of sources from which we collected such information;

 

o   the specific pieces of personal information we have collected about you;

 

o   the business or commercial purposes for collecting, selling, or sharing your personal information;

 

o   the categories of third parties to whom we disclosed your personal information; and

 

o   if we sold, shared, or disclosed your personal information for a business purpose, two separate lists disclosing:

 

·      sales and shares, identifying the personal information categories that each category of recipient received; and

 

·      disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

 

·      Right to Correct: You have the right to correct inaccurate personal information that we maintain about you, considering the nature of the personal information and the purposes of the processing, subject to appropriate verification.

 

·      Right to Delete: You have the right to request that we delete personal information that we have collected from you, subject to certain exceptions.

 

·      Right to Opt-Out of the Sale or Sharing of Your Personal information: You have a right to opt-out of the “Sale” or “Sharing” of your personal information.

 

We will not discriminate against you if you decide to exercise your rights under the CCPA. Please note that certain rights are subject to applicable exceptions under the CCPA.

 

 

EXERCISING YOUR LEGAL RIGHTS

 

·      All Requests.  If you are interested in exercising one or more of the rights outlined above, you can do so by:

 

o   COMPLETING AND SUBMITTING THE FORM AVAILABLE HERE;

 

o   Calling us at 1-855-3-PANERA (855-372-6372) and asking to exercise your privacy rights; or

 

o   Asking the manager of a California cafe for assistance.

 

Exercising your rights does not require you to create an account with us. However, in order to protect your privacy, we will require the matching of up to three (3) pieces of personal information provided with your request with information we maintain in order to verify that it is you making the request. Where applicable, we will use the requested information for verification purposes only. Please note that we may decline a request where we are unable to verify your identity and confirm the personal information we maintain relates to you.

 

·      Opt-Out Requests. You may request to opt out of the sale or sharing of your personal information, or use of your personal information for targeted advertising at any time by following these instructions:

 

o   On our App(s), navigate to the “Security & Privacy” section of your Profile & Settings and toggle the button under Privacy and refresh the App.

 

o   On our Website(s), navigate to the bottom, click the “Do Not Sell Or Share My Personal information” link, toggle the button and click Save.

 

o   Additionally, if you do not have a MyPanera account (or if you are not logged into your MyPanera account), to opt out of offline data sharing you need to submit an opt-out request by completing and submitting the form available HERE. Please note that an opt-out request submitted via the form will apply to offline sales of your personal information and/or uses of your personal information for targeted advertising purposes only.

 

o   If you do not have a MyPanera account (or if you are not logged into your MyPanera account) and submit an opt-out request using one of the methods outlined above, please note that you will have to submit your opt-out request again if you delete or reset your browser’s cookies, change browsers, use a different device, or uninstall the App from your device.

 

o   Alternatively, you can use certain preference signals to exercise your sale and sharing opt-out right automatically with all businesses that you interact with online, including Panera. If you enable a browser-based opt-out preference signal that complies with the CCPA, such as the Global Privacy Control (GPC), upon receipt or detection, we will treat the signal as a valid request to opt out of the sale or sharing of personal information linked to that browser and any consumer profile we have associated with that browser. Please note that if you use different browsers or browser profiles, you will have to enable the signal on each one that you use.

 

 

AUTHORIZED AGENTS

 

You may authorize someone to submit a privacy rights request on your behalf (an “authorized agent”). An authorized agent will need to demonstrate that you’ve authorized them to act on your behalf unless you have provided the agent with power of attorney pursuant to applicable probate law. Depending on the evidence provided, we may also contact you to verify your identity or request confirmation from you that the agent is authorized to submit the request on your behalf.

 

An authorized agent may also use the methods described above to submit an opt-out request on your behalf if you provide the agent with signed permission to do so. Please note that we may request from the agent documentation demonstrating that they have your authority to act on your behalf.

 

 

“SHINE THE LIGHT NOTICE"

 

In addition to the rights described above, California’s “Shine the Light” law permits California residents that have an established business relationship with us to request certain information regarding our disclosure of certain types of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year.

 

To make such a request, please contact us using the mailing address included in the Contact Us section below. This request may be made no more than once per calendar year. We will respond to your request in accordance with applicable law. We reserve the right not to respond to requests submitted other than to the mailing address specified in this section.

 

NOTICE OF FINANCIAL INCENTIVE

 

This Notice of Financial Incentive is provided by Panera and applies to the MyPanera Program (the “MyPanera Program”), which allows members to earn and/or receive personalized rewards and discounts. 

 

 

HOW TO OPT IN TO THE MYPANERA PROGRAM

 

To join the MyPanera Program, please visit this page and click “Join MyPanera.” Participation is free for eligible customers. Additional MyPanera Program terms can be found here. Incentives may include:

 

·      Discounts, coupons, and special offers when you sign up for our email list, participate in a marketing promotion or sweepstakes, or create an account.

 

·      Points programs, where you earn points for certain purchases that can be redeemed for discounts or coupons.

 

We may also provide discounts or promotions when you agree to receive marketing messages and communications from us or claim a specific offer when you interact with us and/or the Services (each, an “Offer”). The terms of each Offer will be provided to you when it is made available. You may opt out of marketing messages and communications from us at any time as described in our messages to you and as described in the Your Choices and Legal Rights section of our Privacy Policy.

 

We collect and retain personal information to support and fulfill the MyPanera Program and certain Offers, which may include information in the following categories, and as otherwise described in the What Personal information Do We Collect? section of this Privacy Policy:

 

·      Identifiers (e.g., name, email address, password, physical and mailing address, phone number, day and month of birth). Personal information categories listed in the California Customer Records statute (as set forth below in the Additional State/Region Specific Disclosures section)

 

·      Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies).

 

·      Internet or other electronic network activity information (e.g., browsing history or search history on the Website or App(s)).

 

·      Geolocation data (e.g., physical location or movements).

 

·      Inferences from personal information collected (e.g., customer profiles such as shopping preferences).

 

The personal information we collect and retain is also used to make or to supplement your MyPanera account information (where applicable). Additional details regarding our use of personal information can be found in the How Do We Use Your Personal information? section of our Privacy Policy.

 

Because the MyPanera Program involves the collection of personal information, it may be interpreted as “financial incentive” program under California law. We use this information for the purposes described above under the section in our Privacy Policy titled How Do We Use Your Personal information?, including for targeted advertising. We may share your personal information with third parties as described in our How Do We Disclose Your Personal information section, including data analytics providers, advertising technology vendors, and social media platforms.

 

 

WITHDRAWAL FROM THE MYPANERA PROGRAM

 

Participation in any financial incentive is optional. While we hope you won't want to leave us, you have the right to opt out of the MyPanera Program and any Offer at any time in accordance with the terms of the MyPanera Program or Offer, or by simply Contacting Us here or calling us at 855-3-PANERA (855-372-6372). Phone support is available Monday through Saturday from 7AM – 7PM CST. If you use the App on an Apple device, you may also delete your account by navigating to Profile Settings, then to My Information, and selecting the “Delete Account” button at the bottom of the page. Please note, if you have an Unlimited Sip Club subscription you must cancel that subscription before you can cancel your MyPanera membership. More information on how to cancel your Unlimited Sip Club subscription can be found here. If you need assistance, please contact us here.

 

To stop receiving our coupons or discounts in your email, you may unsubscribe from our emails by clicking the “unsubscribe” button at the bottom of any such email.

 

If you ask us to delete your personal information, you will no longer be able to participate in the MyPanera Program and we will not be able to provide you with the Offers, benefits, and other services that are part of the MyPanera Program because we will no longer be able to associate you with an account, points, rewards, or other benefits, events, or promotions.

 

 

VALUE OF CONSUMER DATA

 

In our good faith calculation, we consider the value of any financial incentive we offer reasonably related to the value of any personal information collected or retained as part of the MyPanera Program. We estimate the value of your personal information by considering, without limitation, the expenses we incur from collecting your personal information and/or providing the financial incentive to you, the revenue generated by your use of the MyPanera Program, and any improvements we can make to our products and services based on aggregating information obtained through the MyPanera Program.

 

Please note that we may provide additional terms that apply to a particular financial incentive. If applicable, those terms will be presented to you at sign up. We reserve the right to add financial incentives to this Notice of Financial Incentives and to terminate the MyPanera Program at any time at our sole discretion.

 

 

UPDATES TO THIS NOTICE

 

We may change or modify this Notice from time to time to reflect changes in our practices with respect to the collection, use, and disclosure of personal information and/or changes in applicable law.

 

 The “Last Updated” date at the top of this page indicates when this Notice was last revised. If we make changes, we will revise the date at the top of this Notice and, in the case of material changes to this Notice, we will provide you with additional notice.

 

Unless otherwise stated, the current version of this Notice applies to the personal information of California residents under our control. We encourage you to review this Notice periodically to remain informed about our information handling and privacy practices.

 

 

CONTACT US

 

If you have any questions regarding this Notice, please contact us here or write to us at:

 

Panera, LLC

Attn: Legal Department

1400 South Highway Drive, Suite 100,

Fenton, Missouri 63026