Updated: January 1, 2020
- Via our restaurant and store locations.
Please note that our websites may contain links to third-party websites, such as delivery services and social media pages. These links are intended for your convenience only. These third-party websites and services are not related to The Cheesecake Factory and may have separate privacy policies and data collection practices. We have no responsibility for these websites or their privacy practices and encourage users to read the privacy policies of all websites they visit.
1. INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT
We collect personal information when you interact with our Site, mobile applications and physical locations. Personal information is any information that relates to you, identifies you personally, or could be used to identify you including, but not limited to: your name, mailing address, email address, telephone number, or any other information.
The types of personal information that we may collect about you include, but are not limited to: information you provide to us, information collected automatically about your use of our Site and services, information from third-parties, and information received from other sources to help us supplement our records, improve the personalization of our service to you, and to detect fraud.
Information You Voluntarily Provide to Us
The personal information we collect on or through our Site or services may include:
- Information relating to the creation of an account on one of our websites or mobile applications, such as name, email address, postal address, telephone number and/or a unique individual password.
- Information that you provide by filling in forms that we make available. This includes information provided at the time of creating an account on one of our websites or mobile applications, subscribing to or purchasing from our Site, posting material, or requesting information or assistance.
- Information relating to our email sign-up page, including contact information, whether you are over 16 years of age, and your preferred The Cheesecake Factory location.
- Your city, state and zip code for store locator purposes.
- Information you provide when you report a problem with our Site or an in-store or online purchase or other transaction with us by email, our Site, telephone, in writing or through other means.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Information relating to your participation in a contest, sweepstake, promotion, or surveys that we may ask you to complete for research purposes.
- The name and email address of individuals to whom you send a gift card or similar purchases.
- Payment card, transaction or financial account information, if you make a purchase online or at one of our restaurants.
- Employment- and background-related information provided to us as a part of the prospective job application process.
- Information relating to your use of features of our websites and mobile applications that may ask you to grant us access to the camera or microphone on your computer or mobile device (such as voice search or scanning bar codes).
Information from Third-Parties
Information Collected Automatically
As you navigate through and interact with our Site or services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:
- Details of your visits to our Site, including, but not limited to, traffic data, location data, logs and other communication data and the resources that you access and use on the Site.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
- Information about the type of device you are using, mobile ad identifiers, the time and length of your visit, the website that referred you to our website, and the subject of the ads you click or scroll over.
Information Collected from Other Sources
We receive information about you from other sources to help us correct or supplement our records, improve the quality or personalization of our service to you, and prevent or detect fraud.
Some information we collect is publicly available. For example, we may collect information you submit to a blog, a chat room, or a social network like Facebook, Twitter or Google+. We may also collect information about you from other companies and organizations. By gathering additional information about you, we can correct inaccurate information, enhance the security of your transactions, and give you product recommendations and special offers that are more likely to interest you.
We may use cameras in stores to keep employees and customers safe and to look for ways to improve our customer experience. We do not use these cameras to identify people except when necessary for security reasons.
2. COOKIES AND OTHER TRACKING TECHNOLOGY
Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information. The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted
The cookies used on our Site and Services may be categorized as:
- Strictly Necessary Cookies, which are needed for the Site or Services to operate as reasonably expected by you.
- Functional or Preference Cookies, which remember your name or choices.
- Performance or Analytic Cookies, which collect passive information about your use of the Site or Services.
- Advertising or Targeting Cookies, which are used to make advertising messages more relevant and personalized to you based on your inferred interests.
We use first-party and third-party cookies for the following purposes: to make our Services function properly, to improve our Site or services, to make login to our Site or services easier (such as by remembering your User ID), to recognize you when you return to our Site, to track your interaction with the Site or services, to enhance your experience with the Site or services, to remember information you have already provided, to collect information about your activities over time and across third-party websites or other online services in order to deliver content and advertising tailored to your interests; and to provide a secure browsing experience during your use of our Site or services.
Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies served on our Site by taking the steps outlined below.
- First-Party Cookies. You can use the browser with which you are viewing this Site to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the Site. Also, if you disable cookies other parts of the Services may not work properly. You can find more information about how to change your browser cookie settings at allaboutcookies.org.
- Third-Party Cookies. To opt-out of third-party advertising networks and similar entities that use advertising cookies go to aboutads.info/choices. Once you click the link you may choose to opt-out of such advertising from all participating advertising companies or only advertising provided by specific advertising entities. For more information about third-party advertising networks and similar entities that use these technologies, please see aboutads.info/consumers.
- Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Site. If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage. Flash cookies are not managed by the same browser settings as are used for browser cookies, but may be managed here: macromedia.com/support/documentation.
- Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out of interest-based targeting provided by participating ad servers through the Digital Advertising Alliance (optout.aboutads.info) or the Network Advertising Initiative (optout.networkadvertising.org). In addition, on your iPhone, iPad or Android mobile device, you can change your device settings to control whether you see online interest-based ads.
We do not control third-parties’ collection or use of your information to serve interest-based advertising. However, these third-parties may provide you with ways to choose not to have your information collected or used in this way. In addition, most web browsers provide help pages relating to setting cookie preferences. More information may be found for the following browsers here:
- Google Chrome
- Internet Explorer
- Mozilla Firefox
- Safari (Desktop)
- Safari (Mobile)
- Android Browser
- Opera Mobile
We may use third-party service providers to monitor and analyze the use of our Site. Presently, we use Google Analytics. Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports Site traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: policies.google.com/privacy. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: tools.google.com/dlpage/gaoptout.
Other Tracking Technologies
We may also use Tracking Technologies to collect “clickstream” data, such as the domain name of the service providing you with Internet access, your device type, IP address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on our Site, webpages viewed, content searched for, access times and other relevant statistics, and assign unique identifiers to the device or other credentials you use to access the Site for the same purposes.
Pages of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Pages of our Site may also use Java scripts, which are code snippets embedded in various parts of websites and applications that facilitate a variety of operations including accelerating the refresh speed of certain functionality or monitoring usage of various online components; entity tags, which are HTTP code mechanisms that allow portions of websites to be stored or “cached” within your browser to accelerate website performance; and HTML5 local storage, which allows data from websites to be stored or “cached” within your browser to store and retrieve data in HTML5 pages when the website is revisited.
Do Not Track
Some Internet browsers, such as Internet Explorer, Firefox, and Safari, include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT" signals have not been adopted, our Site does not currently process or respond to “DNT” signals.
You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third-parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.
Device Camera and Microphone
Some of the features on our Site and services may require access to the camera or microphone of your computer or mobile device. You must give your permission before we access your device’s camera or microphone, and you can adjust the settings of your device at any time to control access to your camera or microphone.
3. HOW WE USE YOUR INFORMATION
- Providing any services or products that you request or purchase in connection with the Site or services, such as ordering food or delivering gift cards or e-cards in accordance with your instructions.
- Processing job applications, including to communicate with you and to conduct applicant and employment-related statistical evaluation and record-keeping.
- Contacting you regarding the administration of any features or functions of the Site or services you have registered to use.
- Providing you with notices about your account, including expiration and renewal notices.
- Carrying out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- Notifying you about changes to our Site, our policies, terms or any products or services we offer or provide though it.
- Sending you marketing and promotional emails.
- Responding to your questions or other requests.
- Administering contests, sweepstakes, promotions and surveys.
- Allowing you to participate in the interactive features of the Site or services.
- Tailoring your experience on the Site or services and/or otherwise customizing what you see when you visit and use the Site.
- Saving your user account, registration and profile data or other personal information (so you do not have to re-enter it each time you visit or use the Site).
- Tracking your return visits to and use of the Services.
- For research purposes, for marketing/promotional purposes and to provide anonymous reporting for internal and external clients and business partners.
- Accumulating and reporting aggregate, statistical information in connection with the Site, services and user activity.
- Determining which features and services users like best to help us operate the Site, enhance and improve our services and the Site, and display advertising and marketing information.
- Tailoring your experience on the Site and/or otherwise customizing what you see when you visit and use the Site.
- Keeping you secure and safe while using our Services, which requires us to process your personal information to combat spam, malware, malicious activities or security risks.
- Improving and enforcing our security measures.
- Responding to reviews, comments, or other feedback you provide us.
- Maintaining legal and regulatory compliance.
- Enforcing compliance with our terms and conditions and policies.
- Protecting you, others and our business, including, without limitation, using information for fraud prevention.
- For any other purpose disclosed to you prior to you providing us your personal information or which are reasonably necessary to provide the Site or other related products and/or services requested.
- With your permission or upon your direction, we may disclose your personal information to interact with a third-party for other purposes.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please use the contact information in the “Contact Us” section below to notify us of your opt-out preference.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
4. SHARING AND DISCLOSURE OF PERSONAL INFORMATION
We may share or disclose your personal information in the following circumstances:
- Service Providers. We may employ other companies and individuals to facilitate our Site or services (“Service Providers”), provide the services on our behalf, perform service-related activities or assist us in analyzing how our Site or services are used. These Service Providers provide us support services such as credit card processing, website hosting, email and postal delivery, location mapping, analytics and marketing services, or conducting academic research. The Service Providers have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. The Service Providers are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- Within Our Corporate Organization. We may share your personal information with our subsidiaries and affiliates in order to provide you with the Site or services and take actions based on your request, as well as for the purpose of management and analysis. For example, we may share your information with our subsidiaries and affiliated companies to administer our loyalty programs, process orders and requests, and expand and promote our Site and services.
- Corporate Transactions. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Site users is among the assets transferred, and you agree to and do hereby consent to our assignment or transfer of rights to your personal information.
- Third-party Advertisers. In certain circumstances we may share your personal information with third-parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third-parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- Consent. We may disclose your personal information for any purpose with your consent.
- As Required by Law. We may disclose your information if we believe that the disclosure is required by law, if we believe that the disclosure is necessary to enforce our agreements or policies, or if we believe that the disclosure will help us protect the rights, property, or safety of The Cheesecake Factory or our customers or partners.
Please note that we may disclose, without restriction, aggregated or anonymized information about our users, which is information that does not identify any specific individual.
6. COMMUNICATIONS PREFERENCES
In order to provide service to you, we may send you communications related to your transactions, security, or the administration of this website. From time to time, we may also send you other messages or updates about The Cheesecake Factory, our website, and promotions or other activities. If you do not wish to receive non-transaction/security related communications from The Cheesecake Factory, you may opt-out by clicking the “unsubscribe” link in the communication or contact us where specified in the “Contact Us” section, below.
You may also update information about your account with us. We will update and correct your profile if you wish to make changes. Please note that if you opt out of receiving communications from us, we may still send you service communications such as emails about your account or the status of your application.
Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third-parties prior to your election to opt-out or unsubscribe will not be retrieved or rescinded, unless required by applicable law.
Similarly, you may opt in to receive text messages, telephone calls and mailings. Where our mobile applications allow for the delivery of “push notifications” you can also opt out of receiving these notifications by toggling the “Notifications” switches within our mobile applications to “off.” By downloading and using our mobile applications, you may receive promotional messages, offers, news and information about The Cheesecake Factory or our business partners within the mobile application itself. These “in app” messages are part of our mobile application’s functionality and cannot be turned off. If you do not want to receive “in app” messages, offers, news and information, do not download or use our mobile application.
7. ACCESS, CORRECTION, AND DELETION OF YOUR PERSONAL INFORMATION
You have the right to access, correct and delete your personal information that you shared with us on our Site or services. We are committed to ensuring that your personal information is kept accurate and up to date. However, it is up to you to update it with any changes. You can review and change your personal information by logging into the Site and visiting your account profile page. You may also notify us via the information in the “Contact Us” section below to request access to, or to correct any personal information that you have provided to us. 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 no longer wish to have your personal information be processed, you may request to delete your account and the information in your account, subject to certain limitations, by emailing us as described below. Once you submit your request, we will send an email to the email address linked to your account requesting that you confirm your deletion request. Once you confirm your request to delete your account and data, your account will no longer be accessible while we process your request. Once you confirm your request, this process cannot be cancelled, undone, withdrawn, or reversed. When your account is deleted, all associated personal information is deleted.
8. YOUR CALIFORNIA PRIVACY RIGHTS
This section applies only to California residents. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), below is a summary of the “Personal Information” categories, as identified and defined by the CCPA (see California Civil Code section 1798.140 (o)), that we collect, the reason we collect your Personal Information, where we obtain the Personal Information, and the third-parties with whom we may share your Personal Information.
We generally collect the following categories of Personal Information about your when you use our Site or services:
- Identifiers such as a name, address, unique personal identifier, email, phone number, your device’s IP address, software, and identification numbers associated with your devices.
- Protected classifications, such as gender.
- Commercial information such as records of products or services purchased, obtained, or considered by you.
- Biometric information.
- Internet or other electronic information regarding you browsing history, search history, the webpage visited before you came to our Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, date and time stamps associated with transactions, and system configuration information.
- Your geolocation, to the extent you have configured your device to permit us to collect such information.
- Audio recordings of your voice to the extent you call us, as permitted under applicable law.
- Professional or employment-related information.
- Inferences about your preferences, characteristics, behavior and attitudes.
We generally do not collect education-related information. For more information about the Personal Information we collect and how we collect it, please refer to Sections 1 and 2, above.
We collect your Personal Information for the business purposes described in Section 3, above. The CCPA defines a “business purpose” as the use of Personal Information for the business’s operational purposes, or other notified purposes, provided the use of Personal Information is reasonably necessary and proportionate to achieve the operational purpose for which the Personal Information was collected or another operational purpose that is compatible with the context in which the Personal Information was collected.
The categories of third-parties with whom we may share your Personal Information are listed in Section 4, above.
If you are a California resident, you have rights in relation to your Personal Information; however, your rights are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our network systems.
- Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your right to know, delete or opt-out of sales.
- Right to Know. You have the right to request in writing: (i) a list of the categories of Personal Information, such as name, address, email address, that a business has disclosed to third-parties during the immediately preceding calendar year for the third-parties' direct marketing purposes, and (ii) the names and addresses of all such third-parties. In addition, you have the right to request: (i) the categories of Personal Information we have collected about you, (ii) the categories of sources from which Personal Information is collected, (iii) the business or commercial purpose for the information collection, (iv) the categories of third-parties with whom we have shared Personal Information, and (v) the specific pieces of Personal Information we hold about an individual. You have the right to request a copy of the specific Personal Information we collected about you during the 12 months before your request.
- Right to Delete. You have the right to request us delete any Personal Information we have collected from you or maintain about you, subject to certain exceptions.
To assert your right to know or your right to delete your Personal Information, please contact according to the “Contact Us” section below. To verify your identity, we may ask you to verify Personal Information we already have on file for you. If we cannot verify your identity from the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.
In addition, California Civil Code Section 1798.83 permits customers of The Cheesecake Factory who are California residents to request certain information regarding our disclosure of Personal Information to third-parties for their direct marketing purposes. In your request, please specify that you want a “The Cheesecake Factory’s California Privacy Rights Notice.” Please allow 30 days for a response. To make such a request, please call us at 1-866-458-2951 or write us at:
Attn: Privacy Officer
The Cheesecake Factory Incorporated
26901 Malibu Hills Road, Calabasas Hills, CA 91301
9. DATA SECURITY
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All personal information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL or other encryption technology, or will use our third-party payment processors, who will use appropriate security procedures.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. You should not share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
10. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
Your personal information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside United States and choose to provide information to us, please note that we transfer the data, including personal information, to United States and process it there.
11. INTEGRATION OF THIRD-PARTY PLATFORMS AND SERVICES
12. CHILDREN’S PRIVACY
The Cheesecake Factory websites, online services, and mobile applications are not directed toward children under the age of 16 and we do not knowingly collect any personal information from children under the age of 16. If a child under 16 provided our website, online service, or mobile application with personal information, so that we may promptly delete the child’s information from our record, we ask that a parent or guardian contact us as described below.
13. CONTACT US
We welcome your questions, comments, and concerns about privacy. You can contact us by calling 1-866-458-2951 or writing us at:
Attn: Privacy Officer
The Cheesecake Factory Incorporated
26901 Malibu Hills Road, Calabasas Hills, CA 91301