CALIFORNIA PRIVACY POLICY

THIS CALIFORNIA PRIVACY POLICY IS IN ADDITION TO OUR PRIVACY POLICY AS AVAILABLE ON OUR WEBSITE. NOTHING CONTAINED MEANS THAT OUR PRIVACY POLICY IS LIMITED BY THIS CALIFORNIA PRIVACY POLICY.

  1. AFFILIATES.
    “Blu Jam Café” is a trade name used in connection with, among other things, the single restaurant which is owned and operated in the Los Angeles, California area by each of the following (each separately the “Blu Jam Company”):

    NAME
    FIESTA EXPRESS, INC., a California corporation
    BLU JAM CAFE – BRENTWOOD, a California Corporation
    BLU JAM CAFE – DTLA, a California Corporation
    BLU JAM CAFE – TARZANA, a California Corporation
    BLU JAM CAFE ON MULHOLLAND, a California Corporation
    BLU JAM CAFE ON VENTURA, a California Corporation

    Each Blu Jam Company is an affiliate of each other Blu Jam Company. Our Site is a single website which is relevant to each Blu Jam Company as well as to BJC Ventures, a California Limited Liability Company which licenses various assets to a company in Tokyo, Japan, which is authorized to operate a Blu Jam Café in Tokyo, Japan.
    To the extent that any information of yours is collected due to your use of our Site, or as a result of your providing information to us, each Blu Jam Company has access to such information. Such access exists without a given Blu Jam Company taking any action to “share” such information with another Blu Jam Company.

  2. CERTAIN DEFINITIONS.

     

    Certain terms that are used in this California Privacy Policy are defined below. “Our” is a reference to something which belongs or refers to us.

    “Site”, Sites, or “Website” means any website maintained or controlled by us even if such Website is not specifically named in this California Privacy Policy.

    “Us” means each Blu Jam Company.

    “We” means each Blu Jam Company.

    “You” means the person who is accessing or using the Website. “Your” is a reference to something which belongs or refers to you.

  3. CALIFORNIA “SHINE THE LIGHT” LAW.

    If you are a California resident, you have the right to request information about how we share certain categories of personal information with third parties. Under California law, separate legal entities – that is, the Affiliates as described in this California Privacy Policy are considered “third parties”.

    California law gives you the right to send us a written request, at the designated address below or by e-mail at privacy@blujamcafe to receive the following information:

    1. The categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year.

    2. The names and addresses of the third parties that received that information, and in this regard if the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.

      We may provide this information in a standard format that is not specific to you. The mailing address for these requests is:

      9077 San Fernando Road Sun Valley, California 91352.

  4. THE CALIFORNIA CONSUMER PROTECTION ACT.

    1. Introduction.

      Effective on January 1, 2020, the California Consumer Protection Act (the “CCPA”) provides certain protections and rights for residents of California who use the Site. Such protections and rights are discussed in more detail under Paragraph C. below

    2. Certain Definitions Under the CCPA.

      The CCPA set forth at length various definitions and concepts which are necessary to understand and interpret the CCPA.

      FOR CONVENIENCE, SET FORTH BELOW IS A DISCUSSION OF A FEW OF THE DEFINITIONS AND CONCEPTS WHICH USEFUL TO AN UNDERSTANDING OF THIS CALIFORNIA PRIVACY POLICY. THIS IS PROVIDED AS A CONVENIENCE

      AND DOES NOT CONSTITUTE LEGAL ADVICE OR A COMPLETE ANALYSIS OR EXAMINATION OF THE CCPA. THE DEFINITIONS DISCUSSED BELOW ARE OFTEN IN SUMMARY FORM AND ARE THEREFORE LESS EXTENSIVE THAN AS SET FORTH IN THE CCPA. CHANGES TO ACTUAL DEFINITIONS SET FORTH IN THE CCPA MAY BE MADE BY THE CALIFORNIA LEGISLATURE WITHOUT NECESSARILY BEING REFLECTED BELOW AND WE ARE NOT PROMISING OR ENSURING THAT ANY SUCH CHANGES WILL BE SO REFLECTED.

      1. “ Personal Information”. Personal Information is broadly defined to include various information including a non-exhaustive list of the categories which constitute Personal Information. This definition is followed by definition of what does not constitute Personal Information.

        The introductory language to the definition of Personal Information reads as follows:

        “Personal Information” means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household”.

        This definition is followed by a number of examples of what does not constitute Personal Information including information which is “publically available” and consumer information which is “Deidentified” (discussed immediately below).

      2. “ Deidentifed”. Deidentified means information that cannot reasonably identify, relate to, described, be capable of being associated with, or be linked, directly or indirectly, with a particular person or household, so long as, among other things, we employ certain safeguards to prohibit or prevent such deidentified information form becoming associated with a particular person or household or released.

      3. “ Sell”. Under the CCPA, “sell” is broadly defined to include activities which are not merely sale for money of Personal Information.

        The relevant language reads as follows:

        “Sell”, “selling,” “sale,” or “sold,” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a third party for monetary or other valuable consideration.”

        This definition is followed by a number of examples of when a business does not sell Personal Information, including in the case where a business is “uses or shares with a “service provider” (discussed below) personal information of a consumer that is necessary to perform a business purpose” if various conditions are met.

      4. “ Service Provider”. Under the CCPA, a Service Provider is broadly defined to include any business which receives Personal Information from us for a business purpose pursuant to a written contract between us and the Service Provider provided that such written contract contains various protections regarding the use of the Personal Information by the Service Provider.

        To the extent that we have a relationship a Service Provider this is discussed below under the heading “Service Provider”.

    3. Your Rights Under the CCPA.

      The CCPA provides you with the following rights:

      1. Your right to know, upon your request, what Personal Information we have collected about you, from where such Personal Information obtained, what such information is being used for, whether such information is being disclosed or sold, and to whom such information it is being disclosed or sold. This right applies without regard to

        w hether or not we sell your personal information for money to a third

        p arty who or which is not affiliated with us.

        THE PERSONAL INFORMATION WHICH WE DO COLLECT IS DISCUSSED IN OUR PRIVACY POLICY AS AVAILABLE ON OUR WEBSITE.

      2. Your right, upon request, to instruct us to not sell your personal information to third parties. In this regard, for persons who are under 16 years old, such person’s personal information cannot be sold unless (i) in the case of a person who over the age of 13 but under the age of 16, such person or such person’s parent or guardian elects to “opt-in” – permit – such sale or (ii) in the case where such person is under the age of 13, such person’s parent or guardian elects to “opt-in” – permit – such sale.

        We do not “sell” your information in the sense of selling your information to a third party in exchange for money for such

        information.

      3. Your right, by request, to have us delete your personal information, subject to certain exceptions.

      4. Your right to receive equal service and pricing from us, even if you exercise your rights under the CCPA.

    4. Requests For Deletion Of Personal Information.

      Under the CCPA, you may submit your request that we delete any personal information which we have collected.

    5. Requests For Disclosure.

      Under the CCPA, you may submit your request that we disclose to you all of the following information:

      1. The categories of personal information which we have collected from you.

      2. The categories of sources from which personal is collected

      3. The business or commercial purpose for collecting such personal information.

      4. The categories of third parties with whom we share such personal information.

      5. The specific pieces of personal information which we have collected about you.

    6. Requests Not To Sell.

      Under the CCPA, you may submit your request that we not sell (which includes the disclosure of) any of your personal information. This is known as the request to “opt-out”.

    7. How To Make A Request.

      The one or more requests that you can make to us (as discussed immediately above) can be made in one of several ways:

      1. If the request is the request to “opt-out”, there is a link on the Site titled “Do Not Sell My Personal Information” which you can use. (The

        other methods to make a request as discussed immediately below also apply if you want to make your request to “opt-out”).

      2. You can make your request by e-mail using the following e-mail address: privacy@blujamcafe.com

      3. You can call our toll-free number:

      4. You can complete the form which is available on our Site and submit the form through the Site.

      5. You can complete the form which is available on our Site and submit the completed form at the Blu Jam Café located at 7371 Melrose Avenue, Los Angeles, California 90046.

      6. You can complete the form which is available on our Site and mail the completed form to 9077 San Fernando Road, Sun Valley, California 91352.

    8. Verification Of Your Request.

      If you make a request for the deletion of your Personal Information, we will contract you to verify that you are in fact the person who made such request.

    9. No Discrimination.

      Your exercise of any of your rights under the CCPA will not affect or diminish the manner in which we interact with you or the availability of the Services provided to you, or the quality of the Services to you.

  5. SERVICE PROVIDERS.

    1. Types Of Services Providers.

      We have a relationship with two different types of Service Providers:

      1. A Service Provider which fulfills an order for our products (food and beverages) but does not deliver the ordered items to you.

      2. A Service Provider which fulfills an order for our products (food and beverages) but does deliver the ordered items to you.

    2. In either case, under the CCPA we are deemed to not “sell” your Personal Information to the Service Provider so long as there is a written contract between us and such Service Provider which, among other things, provides that such Service Provider (i) is

      not to sell your Personal Information, (ii) is not to retain, use, or disclose your Personal information for any purpose other than for the specific purpose of performing the services specified in the contract between such Service Provider and us, including retaining, using, or disclosing the personal information for a commercial purpose other than providing the services specified in such contract and (iii) such Service Provider is expressly prohibited from retaining, using, or disclosing the Personal Information outside of the direct business relationship between such Service Provider and us.

    3. By necessity, if you place an order with a Service Provider you will be required to provide Personal Information to such Service Provider in order for the Service Provider to fulfill you order (whether or not the Service Provider is delivering the ordered

      items to you). S uch Personal Information will include your credit card information.

    4. WE CANNOT GUARANTEE THAT A GIVEN SERVICE PROVIDER WILL AGREE TO THE TERMS OUTLINED ABOVE SUCH THAT THERE WOULD BE NO “SALE” OF YOUR PERSONAL INFORMATION TO SUCH SERVICE PROVIDER. IN SUCH EVENT, IF SUCH TERMS OUTLINED ABOVE ARE AGREED TO BY SUCH SERVICE PROVIDER, WE CANNOT GUARANTEE OR ASSURE THAT ANY SUCH SERVICE PROVIDER WILL PROPERLY ADHERE TO THE TERMS OF THE CONTRACT BETWEEN SUCH SERVICE PROVIDER AND US, AND THEREFORE, WE CANNOT GUARANTEE OR ASSURE THAT YOUR PERSONAL INFORMATION WILL NOT BE DISCLOSED TO ANOTHER THIRD PERSON OR MISUSED IN SOME MANNER.

  6. UPDATES.

    At the end of this California Privacy Policy there is a “Last Updated” reference which sets forth the date when this California Privacy Policy was last revised. Any changes will become effective when we post the revised California Privacy Policy. Your use of the Site following these changes means that you accept the revised California Privacy Policy.

  7. C ONTACT US.

    The site is owned and operated by BJC Ventures II. If you have any questions with respect to this California Privacy Policy, please email us at privacy@blujamcafe.com. The procedure for making requests to us pursuant to the CCPA is set forth in Section 4 of this California Privacy Policy.

  8. APPLICABILITY OF CCPA.

The CCPA sets forth various tests regarding whether a “business” is subject to the CCPA. We are proceeding on the assumption that the CCPA applies to us, but the posting of this California Privacy Policy does not determine whether the CCPA applies to us.

Last Updated: December , 2019.

© 2019 BJC Ventures II. All rights reserved.