Privacy Policy

Effective Date: January 1, 2020
Your use of this website (this “Website”) is conditioned on your acceptance of our Terms of Service (these “Terms”) and the following Privacy Policy (this “Privacy Policy”).  This Website is owned and operated by Fogo de Chão, Inc. (“we,” “us,” and “our”) and hosted on servers located in Dallas, Texas and Orem, UT. Throughout the Terms and Privacy Policy, “you” “your” and “user” refers to the individual using and accessing the Website pursuant to the Terms. This Website is intended for users located in the United States.  If you are located in a non-US jurisdiction, please note that you will be transferring your Personal Information to the United States and other jurisdictions that may not provide an equivalent level of data protection to the laws in your home country. By using this Website and/or providing your Personal Information to us, you consent to your data being transferred, processed, and stored by us as set out in this Privacy Policy, including the use of cookies as described in Section IV.

I. Collection of Personal Information

When using this Website, we may ask for personally identifiable information about you, including, without limitation, your name, address, e-mail address, birthday (date, month, and year), anniversary, credit card information, and other relevant information or data (collectively, “Personal Information”).  We may also obtain Personal Information through e-mail correspondence if you contact us by e-mail or if you ask to receive periodic news, updates, and other correspondence from us.  It may be a prerequisite for your contacting us that you provide us with specified Personal Information.  Without your providing such Personal Information, we may not be able to respond to any inquiries, post any comments, or otherwise correspond with you.  You agree that any Personal Information that you provide to us through this Website, and any other submission (for example, any comments or questions) are provided by you voluntarily and with full knowledge that such Personal Information and other submissions may be collected, stored, and disclosed in accordance with this Privacy Policy by us.

When you provide Personal Information or other submissions to us, you warrant and represent that any Personal Information regarding another person has been provided with such other person’s express prior consent.

This Website is not directed at collecting Personal Information from children or minors and we do not knowingly collect Personal Information from children under the age of 13. If we become aware that Personal Information about a child under the age of 13 was provided without the consent of a child or minor’s parent or guardian, we will delete such Personal Information.

II. Use of Personal Information

We use Personal Information and other submissions by you through this Website to respond to your requests, inquiries, and comments, to provide you with periodic news and updates if you agreed to receive periodic news and updates, to make reservations for you, and to otherwise correspond with you.

We do not sell or lease any of your Personal Information or distribute it to any third party marketing or similar companies without your consent.  If you agree to receive periodic news and updates from us, we will use your Personal Information to send you such news and periodic updates as well as automated e-mail messages, promotions, or marketing materials regarding our goods and services.  You may opt-out from receiving further periodic news, updates, and promotional or marketing e-mails by following the “unsubscribe” link on any promotional email from us or by sending an e-mail to us at info@fogo.com and typing the word “unsubscribe” in to the subject line.  Please note that our affiliates and other data recipients have their own data privacy policies that may differ from ours.  You have to contact them separately with any opt-out requests.

We may also offer items for sale on this Website, such as gift cards.  If you elect to purchase any such item, we will collect credit card and other payment information together with other Personal Information in order to process your purchase and payments (collectively, “Payment Information”).  We will not use the Payment Information for any purpose other than in connection with performing the sale and to process and collect any related payment.
This Privacy Policy does not apply to Personal Information collected from offline resources and communications, except in cases where such Personal Information is combined with Personal Information collected by us online. This Privacy Policy also does not apply to third-party online resources to which this Website may link, where we do not control the content or the privacy practices of such resources.

 

III. Disclosures of Personal Information

We may disclose Personal Information to, or enable access to Personal Information by, our affiliates, as well as companies and individuals we employ to perform business functions and services on our behalf. Such functions and services may include hosting or maintaining this Website, analyzing data, providing legal, accounting and marketing services, and providing other support services. All such parties will be under obligation to maintain reasonable security and confidentiality of Personal Information. We will disclose Payment Information as necessary to process and collect the payment for any purchase made by you on this Website. We will provide and disclose any Personal Information and Payment Information to the extent required by any law or order or direction of any court or governmental entity or agency. Upon our suspicion of the access or use of this Website for a purpose or in a manner that may be unlawful, illegal, or infringing or in violation of the rights of any person or entity, we reserve the right to disclose and provide any possible evidence, including any Personal Information and Payment Information, to any investigating, prosecuting or litigating party.

IV. Cookies

We collect information about your computer or other electronic devices when you visit and use our Services. This information may include your domain name, IP address, browser type, date and time of your request and information provided by tracking technologies, such as cookies and single-pixel tags. If you use a mobile device to access our Services, we also may collect information about your device, such as your device ID and device type, as well as usage information about your device. We use this information and tracking technologies to provide additional functionality that enables you to use this Website more effectively, enhance the online experience, and to assist us with improving this Website.

This Website utilizes “cookies” (files placed on your computer by a website server) to track your online activities, including your registration, submissions, and information requests, in accordance with applicable law. Cookies will be stored on your computer until deleted. We do not use cookies to collect Personal Information but track your online activities and may link that information with Personal Information you have provided to us. The web browser of your computer may be set to accept cookies automatically but you should be able to delete placed cookies or change the setting to decline the placement of cookies. Please consult your computer’s instructions in this regard. If you decline to accept cookies, it may prevent or interfere with your full viewing experience of this Website or your ability to communicate with us. Except as otherwise described in this Privacy Policy, we generally do not honor Do Not Track signals sent by web browsers.

We partner with third-party vendors to evaluate how this website is used and to provide continuous improvement for this Website and our services. To opt out of our advertising-related cookies, follow the links for our partners below:

V. Security

We put in place reasonable and standard electronic procedures to protect your Personal Information from unauthorized access and to protect the integrity of your Personal Information. In certain locations on this Website, such as where users provide information to purchase goods, this Website may use encryption to protect such transmissions.

If any part of the site requires a password and user identification, it is your responsibility to safeguard your password and user identification to access this Website and to notify us at info@fogo.com if you ever suspect that this password or user identification has been compromised. You are solely responsible for any unauthorized use of this Website conducted via your password and user identification.

VI. California Residents

We may share information collected about you with our affiliates and other third parties for their direct marketing purposes. Subject to certain limits under California Civil Code 1798.83, a California resident who provides personal information in obtaining products or services for personal, family, or household use may ask us to provide him or her with (i) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. To make this request, California residents may contact us as described in the “Contact Us” section of this Privacy Policy. We will make every effort to promptly respond to your request.

VII. California Consumer Privacy Act Disclosures

In these California Consumer Privacy Act Disclosures (“CCPA Disclosures”), we, Fogo de Chão, Inc. and/or its affiliates (collectively “Fogo”) disclosure information about our data processing practices as required by the California Consumer Privacy Act of 2018 (“CCPA) and supplementing the disclosures in any CCPA Notice at Collection issued in addition to the CCPA Notice at Collection Online provided in Section III below. These CCPA Disclosures are effective January 1, 2020. You can download a PDF version here: California_Consumer_Privacy_Act_Disclosures.pdf

I. Who and what information is subject to these CCPA Disclosures?

California residents are protected as “consumers” by the California Consumer Privacy Act of 2018 (“CCPA”) with respect to personal information.
A number of statutory exceptions apply under the CCPA and to these CCPA Disclosures, including the following personal information that:
(1) reflects a written or verbal communication or a transaction between the business and the consumer, where the consumer is a natural person who is acting as an employee, owner, director, officer, or contractor of a company, partnership, sole proprietorship, non-profit, or government agency and whose communications or transaction with the business occur solely within the context of the business conducting due diligence regarding, or providing or receiving a product or service to or from such company, partnership, sole proprietorship, non-profit, or government agency
(2) is collected by a business about a natural person in the course of the natural person acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of that business to the extent that the natural person’s personal information is collected and used by the business solely within the context of the natural person’s role or former role as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or a contractor of that business
(3) is collected by a business that is emergency contact information of the natural person acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of that business to the extent that the personal information is collected and used solely within the context of having an emergency contact on file
(4) is necessary for the business to retain to administer benefits for another natural person relating to the natural person acting as a job applicant to, an employee of, owner of, director of, officer of, medical staff member of, or contractor of that business to the extent that the personal information is collected and used solely within the context of administering those benefits.

II. How can a consumer with a disability access these CCPA Disclosures?

Consumers who have a visual disability may be able to use a screen reader or other text-to-speech or text-to-Braille tool to review the contents of this notice.

III. CCPA Notice at Collection Online

In this CCPA Notice at Collection Online, we are addressing disclosure requirements under California Civil Code §1798.100(b) and California Attorney General Regulations § 999.305 at or before the point of online collection:
We may collect personal information directly from you, such as information that you provide when you visit or call a Fogo location or our website, which may provide information that is passively or automatically collected from you, such as information collected from your browser or device.
We may also collect information from third party sources and platforms, upon whom we rely to provide our guests’ experience. We use both third party service providers, such as reservation services, payment processors, gift card purchases and analytics providers, to perform services on our behalf. Some of these providers may have access to information about you that we may or may not otherwise have (for example, where you sign up directly with that provider) and may share some or all of this information with us. We may use this information to administer and improve our guests’ experience and to conduct marketing and advertising campaigns.
See Section IV 3. for a description of prior and current sources of collection of Personal Information. The CCPA Privacy Policy is available immediately below.

IV. CCPA Privacy Policy

Beyond the disclosures in the preceding “Notice At Collection Online” segment and any other Notice at Collection, we are providing additional disclosures about consumer rights and our personal information handling practices in the preceding twelve months, as required by the CCPA and regulations of the California Attorney General, including §999.308 (Privacy Policy).

1. Right to Know About Personal Information Collected, Disclosed, or Sold

This CCPA Privacy Policy describes personal information we generally collect, use, disclose and sell about California residents. You have the right to request that we disclose what personal information we collect, use, disclose and sell about you specifically (“right to know”). To submit a request to exercise the right to know, please call our toll-free phone number (972) 361-6200 or submit an email request to privacy@fogo.com and include “California Request to Know” in the subject line. Please specify in your request the details you would like to know, including any specific pieces of personal information you would like to access.
We will ask that you provide certain information to verify your identity, such as a code sent to an email address we may have on file for you. If you have a password-protected account with us, we may verify your identity through our existing authentication practices for your account. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue. We will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.

2. Our Personal Information Handling Practices in 2019

We have set out below categories of personal information we have collected about California residents in the preceding 12 months and, for each category of personal information collected, the categories of sources from which that information was collected, the business or commercial purposes for which the information was collected, and the categories of third parties with whom we shared the personal information.

Category of personal information We collected such personal information to use for the following business or commercial purposes
Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. Marketing (including advertising, customer traffic generation, performance media, event organization, web traffic analytics, brand promotion and analytics, surveys and consumer research, campaigns, management of influencer and other partner relationships, social media content distribution and analytics, contest administration, and customer engagement and analytics)

Operational purposes (including order processing, payment, gift card, voucher and coupon processing, receipt processing, anti-fraud, sales data reporting, and delivery coordination)

Employment and recruiting (including employment eligibility verification, for interview purposes, payroll administration and employee timekeeping, benefit administration, creation of tax forms, office administration, business expense processing, industry benchmarking, and internal communications)

Development and real estate for the purpose of expanding Fogo’s business

Business relationship management

Customer service

Any categories of personal information described in subdivision (e) of Section 1798.80: “Personal information” means any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. “Personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.” Marketing (including surveys and consumer research, and management of influencer and other partner relationships)

Operational purposes (including order processing, payment, gift card, voucher and coupon processing, receipt processing, anti-fraud, sales data reporting and analytics)

Employment and recruiting (including payroll administration and benefit administration)

Development and real estate investment for the purpose of expanding Fogo’s business

Demographic information including characteristics of protected classifications under California or federal law. Marketing (including surveys and consumer research, and social media content distribution and analytics)

Employment and recruiting (including employment eligibility verification, payroll administration, and benefit administration)

Operational purposes

Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Marketing (including surveys, consumer research, and communications)

Operational purposes (including order processing and oversight, payment, gift card, voucher and coupon processing, receipt processing, anti-fraud, sales data reporting and analysis, delivery coordination, inventory management, and financial auditing)/

 

Customer service

Development and real estate purposes

Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement. Marketing (including customer traffic generation, audience segmentation, web traffic and search engine analytics, brand promotion and analytics, surveys and consumer research, campaigns, management of influencer relationships, social media content analytics, communications, contest administration, and customer engagement and analytics)

Operational purposes (including anti-fraud and analytics)

Employment and recruiting

Customer service

Geolocation data. Marketing (including social media content distribution and providing mobile store locator services)

Operational purposes (including anti-fraud)

Development and real estate purposes

Audio, electronic, visual, thermal, olfactory, or similar information. Marketing (including advertising)

Customer and employee safety

Customer service and quality assurance

Detecting security incidents

Professional or employment-related information. Marketing (including lead generation and management of influencer and other partner relationships)

Operational purposes (including delivery coordination, order processing and oversight)

Employment and recruiting (including for interview purposes, selecting candidates, payroll administration and employee timekeeping, benefit administration, creation of tax forms, office administration, business expense processing, industry benchmarking, and internal communications)

Business relationship management

Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. Marketing (including audience segmentation, campaigns, management of influencer and other partner relationships, social media content distribution and analytics, and customer engagement and analytics)

Employment and recruiting

3. Collection of Personal Information

We obtain the categories of Personal Information listed above from one or more of the following sources:

Directly from you: Personal Information provided to us through our eClub sign up forms, business card drops, and online sign up forms on our Reservations, Contact Us, eClub or Group Dining webpages; email, via our website, by telephone, in writing, Guest Wi-Fi in our restaurants, or through other means chosen by you; or employment applications and applicant and employment-related reviews and evaluations.

Indirectly from you: Personal Information provided to us through platforms available to us by our third party service provides for functions such as gift card purchases, online reservations, food ordering or catering, and feedback regarding guest experiences.

Third party services: Personal Information provided to us by our third-party analytics service providers to help us understand and analyze how visitors view us and serve ads on our behalf across the Internet.

4. Disclosures of Personal Information

Over the preceding 12 months, we disclosed certain categories of California residents’ Personal Information to third parties, such as companies performing services on our behalf to provide requested food, beverages and services, to process transactions, complete reservations, enter contests and sweepstakes, engage with you on social platforms, market to you, track rewards, conduct surveys, or facilitate requests to send you communications, as well as with third parties with whom we have formal agreements to conduct analysis, engage in customer research, benchmarking, and to improve our guests’ experiences. We did not sell California residents’ Personal Information over the preceding 12 months.

5. Right to Request Deletion of Personal Information

You have a right to request the deletion of personal information that we collect or maintain about you. To submit a request to delete personal information, please submit an email request to privacy@fogo.com and include “California Request to Delete” in the subject line. Please specify in your request the personal information about you that you would like to have deleted, which can be all of your personal information as required by the CCPA.
We will ask that you provide certain information to verify your identity, such as a code sent to an email address we may have on file for you. If you have a password-protected account with us, we may verify your identity through our existing authentication practices for your account. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue. Once we have verified your identity, we will ask you to confirm that you wish to have your personal information deleted. Once confirmed, we will respond to your request in accordance with the CCPA. If we deny your request, we will explain why.

6. Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

You may not be discriminated against because you exercise any of your rights under the CCPA in violation of Cal. Civ. Code §1798.125.

7. Authorized Agent

You can designate an authorized agent to make a request under the CCPA on your behalf if:
⦁ The authorized agent is a natural person or a business entity registered with the Secretary of State of California; and
⦁ You sign a written declaration that you authorize the authorized agent to act on your behalf.
If you use an authorized agent to submit a request to exercise your right to know or your right to request deletion, please have the authorized agent take the following steps in addition to the steps described in Sections 2 and 3 above:
⦁ Mail a certified copy of your written declaration authorizing the authorized agent to act on your behalf to Fogo de Chão, Inc., Attention: Customer Service, 5908 Headquarters Drive, Ste. K200, Plano, TX 75024; and
⦁ Provide any information we request in our response to your email to verify your identity. The information that we ask you to provide to verify your identity will depend on your prior interactions with us and the sensitivity of the personal information at issue.
If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and we will respond to any request from such authorized agent in accordance with the CCPA.

8. Contact for More Information

If you have questions or concerns regarding our privacy policy or practices, you may contact us using the following details:
Email address: privacy@fogo.com
Postal address: Fogo de Chão, Inc., Attention: Customer Service, 5908 Headquarters Drive Ste. K200, Plano, TX 75024
Last Updated: January 1, 2020

VIII. Gift Cards

Personally identifiable data will be collected for all gift card purchases. This Website’s gift card purchase pages are PCI compliant and use the highest encryption technologies. Credit card data is processed outside of this Website by third-party PCI compliant credit card processors and is only stored during the transaction process. Please treat all Fogo de Chao gift cards and promotional cards as cash. Fogo de Chao is not responsible for lost, stolen or damaged gift cards, or unauthorized use. The Fogo de Chao gift cards and promotional cards may be used at any U.S. or Puerto Rico location for making purchases of food or beverage. Balances may be checked online at fogo.com. Value in Puerto Rico on the card holder. Fogo de Chao gift cards and promotional cards cannot be redeemed for cash, except where required by law. Terms of Use are available at fogo.com. Use of this card constitutes acceptance of these terms and conditions. For more information, you may contact us as described in the “Contact Us” section of this Privacy Policy.

IX. International Usage

This Website is intended for use by residents of the United States of America. Our computer systems are based in the United States and are subject to U.S. laws. If you live outside of the United States, you understand and agree that we may transfer your information to the United States. You may contact us to remove your information from our computer systems as described in the “Contact Us” section of this Privacy Policy.

X. EU Residents

In accordance with certain data protection laws and regulations that may apply to us, you may be entitled to request information about personal information we hold about you and you may ask us to make any necessary changes to ensure that it is accurate and kept current. Under such laws and regulations, you may also have the right to request deletion or blocking of your personal information or to object to the processing of your personal information. If you are an EU resident and wish to make such a request, please contact us as described in the “Contact Us” section of this Privacy Policy. In some countries, we are entitled by law to charge a fee to meet our costs in providing you with details of the information we hold about you and we may also require you to provide us with appropriate identification. Please contact us as described in the “Contact Us” section of this Privacy Policy for information on the fee amount, if any.

Also, you may have the right to object to the processing of your personal information for purposes of advertising, as well as market and opinion research, and to revoke a consent given by you at any time with effect for the future. If you are an EU resident and wish to make such an objection, please contact us as described in the “Contact Us” section of this Privacy Policy.

XI. Revisions

We reserve the right to change, modify, supplement, or replace all or part of this Privacy Policy from time to time and in our sole discretion. We will post all Privacy Policy changes on this Website and provide more prominent notice if the change is significant. The effective date of this Privacy Policy will be identified on the main page of this Privacy Policy. When you visit this Website, you are accepting the current version of this Privacy Policy as posted on this Website at that time. We recommend that you revisit this Privacy Policy frequently to learn of any changes, especially before submitting any Personal Information (as defined below). Your continued use of this Website constitutes your acceptance of such changes. We will also take other steps as necessary depending on the nature of the changes, including obtaining your consent where required by local data protection laws, or providing you with the opportunity to delete your Personal Information.

XII. Contact Us

Please feel free to contact us with any comments, questions, complaints or suggestions you might have regarding the information practices described in this Privacy Statement. You may send us an e-mail at info@fogo.com or write to us at Fogo de Chão, Inc., Attention: Customer Service, 5908 Headquarters Dr Ste. K150, Plano, TX 75024.