PRIVACY POLICY
MOST RECENT UPDATE: June 1, 2023
Famous Dave’s ("Famous Dave’s" or the "Company") values your privacy and we want you to understand what information we collect from you and how we handle it. In this Privacy Policy ("Policy"), we explain how we collect, use and disclose personal information relating to your Famous Dave’s orders and your use of our "Services," which includes our website, www.famousdaves.com (our "Website"), our Apps (our "App"), and our other online services. If you have any questions, please feel free to contact us via our website.
When you interact with us or use our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Services, and any dispute over privacy, is subject to this Policy and our Terms and Conditions, available at https://www.famousdaves.com/TermsOfUse, including its applicable limitations on damages and the resolution of disputes. Famous Dave’s Terms of Use are incorporated by reference into this Policy.
Additional Information for Certain Jurisdictions.
Residents of certain jurisdictions, including California and other U.S. states, have additional rights as set forth below in the section titled, “Additional Information for Certain Jurisdictions.”
California residents. If you are a California resident, please refer to the Additional Information for California Residents section below for important information about the categories of personal information we collect and disclose, as well as your rights under California privacy laws, including your right to submit a request to opt out of the sales and sharing of your personal information by us.
INFORMATION WE COLLECT
We collect information from you through various sources: information that you provide to us directly; information that we collect automatically when you use our Services; and information that we collect from third parties (which often are our service providers, but also could be marketing partners, social networking sites, or other entities). We generally combine the information that we collect about you from these various sources.
Information We Collect Directly. We collect information directly from you, such as:
· Registration: If you register with us (such as through our Website, App or loyalty programs), we collect information from you, such as your name, email, phone number, and a password and security question, as well as other relevant information you choose to provide, such as favorite store and items, birthday (MMDD), marketing preferences, image information, billing and contact information and other demographic information.
· Orders and purchases: we maintain records of your orders and purchases, both online and in-store.
· Marketing programs: If you join our email, text or other marketing programs, we collect your email address, mobile number
or other relevant contact information, your zip code, and any other information that you choose to provide to us.
· Orders and purchases: When you make a purchase or place an order with us (online or otherwise), we and our order and fulfillment providers collect and maintain information about your order including items, instructions, name, contact information, payment card and other billing information (including payment card and billing address), coupons and offers redeemed.
· Surveys and other information: We also collect any information that you provide to us, including information that you submit in response to surveys, information requests from us, or other correspondence with us. We may provide you with the option of purchasing products through our App.
Information We Collect Automatically. We may automatically collect the following information about your use of our Website, App or other Services through cookies, web beacons, and other technologies, including technologies designed specifically for Apps: your domain name; your browser type and operating system; web pages you view; links you click; your IP address and general location information; the length of time you visit our Website and App, and the referring URL, or the webpage that led you to our Website.
We also may collect the following information about your use of our App: mobile device ID; language information; device name and model; operating system type, name, and version; your activities within the App, and the length of time that you are logged into our App. With your permission, we also will collect your device’s location information, including when you are not using the App (this helps us find you appropriate offers and direct you to a nearby Famous Dave’s). You may disable our collection of your location information in your device settings.
Please see the section Cookies and Other Tracking Mechanisms below for more information.
Information We Collect from Third Parties. We also may collect information about you from third parties, including marketing and advertising agencies, third party partners, subsidiaries and affiliates, and franchisees. For example, if you make a purchase from us, we may work with third parties to send you offers, coupons and deals; these third parties may provide us with your contact information or we may work with them to send you these offers, coupons and deals on our behalf. We also may receive order information from franchisees.
OUR USE OF INFORMATION
We may use your information, including your personal information, for the following business and commercial purposes:
· To provide our Services: to operate our Website, App and other Services; to communicate with you about your use of our Website and our App; to respond to your inquiries, questions and comments; to fulfill your orders; and for other customer service purposes.
· To personalize your experiences with us: to tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Website and our App. For example, if you grant us permission to see your location while you are using our App, we might direct you to the closest Famous Dave’s to you.
· For marketing and promotional purposes: to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our services on third-party websites. We may use information such as your in-store transactional and purchase history, along with information we collect about you from third parties for marketing purposes.
· To send you App notifications, emails, and text messages (with your consent): If you use our App, with your permission, we will send you push notifications, including notices about stores near your current location. You may opt-out of these notifications through the preference settings on your device. If you sign up for text offers and/or emails, we also send you offers and deals via text and/or emails, which may include, for example, coupons for particular locations. If you have provided your email to us, we may also send you non-commercial emails following purchases requesting information about your experience. You may opt out of these emails through the method specified in the emails.
· To understand and improve our Services: to better understand how you use our Website, App and other Services, both on an aggregated and individualized basis. For example, if we know what features of our Website or our App users like the most or the least, we can improve upon our Website and our App. We also will use your information to respond to user preferences as well as for research and analytical purposes.
· To administer our loyalty program: If you join our loyalty program, we also use the personal information we collect about you as necessary to track rewards and otherwise manage and administer our loyalty program.
·To fulfill your online orders, which are facilitated by Olo, a separate company. When you place an order (pickup or delivery) for our products through the Website or App, your local Famous Dave’s store, as well as Olo, receive your order information, so they can process and fulfill your order. Olo and Famous Dave’s credit-card processing provider receive your payment information to facilitate the transaction. Olo also engages third-party delivery partners to fulfill delivery orders. So, if you submit an online order for delivery, Olo shares your order information, including your name, address, and telephone number, with the relevant third-party delivery partner so that it may process, fulfill, and contact you about your order.
· To protect our legal rights and prevent misuse: to protect the Website and other online services and our business operations; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our Terms of Use or this Privacy Policy.
· For compliance with legal obligations: to comply with the law or legal proceedings. For example, we may disclose information in response to subpoenas, court order, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements.
· Related to our general business operations: to consider and implement mergers, acquisitions, reorganizations, and other business transactions, and where necessary to the administration of our general business, accounting, recordkeeping and legal functions
HOW WE SHARE YOUR INFORMATION
We may share your information, including personal information, as follows:
· Affiliates and franchisees: We may disclose the information we collect from you to our affiliates, subsidiaries, and franchisees; however, if we do so, their use and disclosure of your personal information will be subject to this Policy.
· Service providers: We may disclose the information we collect from you to third-party vendors, service providers, contractors or agents who perform functions on our behalf. If you place an order through our Website, you will be directed to a third-party service provider’s platform to collect and process payment information.
· Order and fulfilment providers: If you place an order through our Website or our App, your information is shared with local Famous Dave’s stores, and third-party order and delivery providers, so that they can process, fulfill, and contact you about your order.
· Business transfers: If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected about you to the other company.
· In response to legal process: We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
· To protect us and others: We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.
Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.
OUR USE OF COOKIES AND OTHER TRACKING MECHANISMS
We and our third-party service providers use cookies and other tracking mechanisms, including tracking technologies designed for mobile apps, to track information about your use of our Website and our App. We may combine this information with other personal information we collect from you (and our third-party service providers may do so on our behalf).
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive or your device through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Website and our App, while others are used to enable a faster log-in process or to allow us to track your activities. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you disable cookies on your web browser, you will be able to view our Website, but our ordering platform may not work properly. You can also manage your preferences for most cookies on our Website, by using our Cookie Preference Manager at the footer of famousdaves.com. Your settings are browser and device specific—so, if you come back to our Website from a different device or browser, or you delete cookies on your current browser, you will need to apply these settings again.
Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Website and our App to, among other things, help us manage content, and compile statistics about usage. We and our third-party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.
Do-Not-Track. Currently, our systems do not recognize browser "do-not-track" requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions at the Network Advertising Initiative and the Digital Advertising Alliance websites. You can manage your preferences for targeting cookies and tags on our Website by using our Cookies Settings in the footer of our Website. Your settings are browser and device specific—so, if you come back to our Website from a different device or browser, or you delete cookies on your current browser, you will need to apply these settings again.
Third-Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate use of our Website and, to the extent permitted, our App. We also may use other analytic means to evaluate our services. We use these tools to help us improve our services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services.
TARGETED ADVERTISING AND AD NETWORKS
We may send users targeted ads, including in-App ads and banner ads. In order to do so, we may also work with third-party ad networks, analytics companies, channel partners, measurement services and others ("third-party ad companies") to manage our advertising on our Website and App and on third-party sites, mobile apps and online services. We and these third-party ad companies may use cookies, pixels tags, and other tools to collect your IP address, device ID, cookie and advertising IDs, and other identifiers and general location information, as well as information about your use of our Services (and third party sites and services), and, with your consent, your device’s geolocation information. We and these third-party ad companies may use this information to provide you more relevant ads and content and to evaluate the success of our ad campaigns.
You can manage your preferences for targeting cookies and tags on our Website by using our Cookies Settings in the footer of our Website. Your settings are browser and device specific—so, if you come back to our Website from a different device or browser, or you delete cookies on your current browser, you will need to apply these settings again. You may also opt-out of many third-party ad networks and obtain more information about targeting advertising through one of the following links:
· www.networkadvertising.org/choices/
Opting out of one or more ad networks only means that those networks no longer will deliver targeted content or ads to you, but it does not mean you will no longer receive any targeted content or ads on our Website or other web sites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your opt-out may no longer be effective.
Custom Audiences and Matching. We may disclose certain information (such as your email address) with third parties so that we can better target ads and content to our users, and others with similar interests on these third parties’ platforms or networks ("Custom Audiences").
THIRD-PARTY LINKS
We may provide links on our Website or through our App to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.
SECURITY OF MY PERSONAL INFORMATION
We have implemented safeguards to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, phone, mobile device, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
ACCESS TO MY PERSONAL INFORMATION
Residents of Certain Jurisdictions: please see the Additional Information for Certain Jurisdictions section at the end of this Policy for information about your rights as a resident of certain states to access the personal information we collect from you.
You may modify certain personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Website or App for a period of time.
YOUR CHOICES
We may send periodic promotional emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you emails about your account or any Services you have requested or received from us. If you opt-in we may also send you marketing texts; you also may opt-out of the text messaging program by texting "STOP" at any time to 51407.
Deactivation of Your App Account. At any time, you may remove the App from your phone by following the instructions on your device. In addition, you may "close" your App account in the “more” section of the app, or by submitting a request here: https://www.famousdaves.com/datarequest
Information collected by the App is not deleted when you remove the App or “close” your account, and Famous Dave’s and its service providers may retain access to the information that you submitted through the App. To request full deletion of your information please submit a data deletion request at www.famousdaves,com/datarequest.
CHILDREN UNDER 13
Our services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.
CONTACT US
If you have questions about our privacy practices, or if you would like to make a complaint, please contact us at:
Email: guestservices@famousdaves.com
Address: 12701 Whitewater Dr. (Ste. 100), Minnetonka, MN 55343
CHANGES TO THIS POLICY
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on this Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site or sending you email to your email address of record.
ADDITIONAL INFORMATION FOR CERTAIN JURISDICTIONS
This section includes additional information as required under privacy laws of certain jurisdictions.
ADDITIONAL INFORMATON FOR VIRGINIA, COLORADO, CONNECTICUT, AND UTAH RESIDENTS
Residents of Virginia, Colorado, Connecticut, and Utah have additional rights under applicable privacy laws, subject to certain limitations:
- Correction. The right to correct inaccuracies in their personal information, taking into account the nature and purposes of the processing of the personal information.
- Deletion. To delete their personal information provided to or obtained by us.
- Access. To confirm whether we are processing their personal information and to obtain a copy of their personal information in a portable and, to the extent technically feasible, readily usable format.
- Opt-out. To opt out of certain types of processing, including:
- To opt out of the “sale” of their personal information.
- to opt out of targeted advertising by us.
- to opt out of any processing of personal information for purposes of making decisions that produce legal or similarly significant effects.
You may submit a request to exercise most of your privacy rights under U.S. state privacy laws online using our webform. To opt out of targeted advertising by us, you can adjust your cookies settings through our Cookies Settings in the footer of our Website. We will respond to your request as required under the applicable privacy law(s). If we deny your request, you may appeal our decision by submitting another webform request or contacting us at guestservices@famousdaves.com.
ADDITIONAL INFORMATION FOR CALIFORNIA RESIDENTS
In this section, we provide information for California residents about how we collect, use, and disclose their personal information, as required under California privacy laws, including the California Consumer Privacy Act ("CCPA"). This section does not address or apply to our handling of publicly available information made lawfully available by state or federal governments or other personal information that is subject to an exemption under the CCPA.
Categories of Personal Information Collected and Disclosed.
While our processing of personal information varies based upon our relationship and interactions with you, the table below identifies, generally, the categories of personal information (as defined by the CCPA) that we have collected about California residents, as well as the categories of third parties to whom we may disclose this information for a business or commercial purpose.
For more information about the business and commercial purposes for which we collect, use, and sell personal information, please see the Information We Collect section and the Our Use of Personal Information section above.
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Categories of Personal Information Collected |
Categories of Third Party Disclosures |
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Identifiers |
Includes direct identifiers, such as a real name, alias, address, unique personal identifier, online identifier, rewards program identifier, IP address, email address, image information, account name, or other similar identifiers |
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Customer Records |
Includes paper and electronic customer records containing personal information, such as name, signature, physical characteristics or description, address, telephone number, education, current employment, employment history, image information, bank account number, credit card number, debit card number, or any other financial or payment information. |
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Commercial information |
Includes records of personal property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies. |
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Internet and electronic network activity information |
Including, but not limited to, browsing history, clickstream data, search history, and information regarding a resident’s interaction with an internet website, application, or advertisement, including access logs and other usage data related to your use of any company websites, applications or other online services. |
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Location data |
Location information about a particular individual or device. |
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Audio, visual and other electronic data |
Includes audio, electronic, visual, thermal, olfactory, or similar information such as, CCTV footage, photographs, and call recordings. |
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Professional information |
Includes professional or employment-related information. |
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Education Information |
Includes education information that is not publicly available personally identifiable information as defined in the federal Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99). |
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Profiles and inferences |
Includes inferences drawn from personal information to create a profile reflecting a resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes. |
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Protected classifications |
Includes characteristics of protected classifications under California or federal law, such as race, sex, age, disability or veteran status. (Note: any such information is collected subject to applicable law and, generally, on a voluntary basis.) |
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Sales and Sharing of Personal Information? The CCPA defines a "sale" as disclosing or making available personal information to a third party in exchange for monetary or other valuable consideration, and “sharing” broadly as disclosing or making available personal information to a third party for purposes of cross-context behavioral advertising. While we do not disclose personal information to third parties in exchange for monetary compensation from such third parties, we may “sell” or “share” the following categories of personal information in order to receive certain services, information, or benefits from third parties: identifiers; customer records; commercial information; internet or other electronic network activity information; and inferences. We share these categories with third-party advertising networks, social networks, data analytics providers, and franchise owners (such as when we allow third-party tags to collect browsing history and other information on our Website to improve and measure our ad campaigns).
We do not sell or share sensitive personal information, nor do we sell or share any personal information about individuals who we know are under sixteen (16) years old.
Sources of Personal Information. As further described in the Information We Collect section above, we may collect personal information from the following sources:
- directly from the individual
- advertising networks
- data analytics providers
- social networks
- internet service providers
- operating systems and platform
- data brokers
- business customers
- our franchisees
Purposes of Collection, Use, and Disclosure
As described in more detail in the Our Use of Information and How We Share Your Information sections above, we collect, use, disclose and otherwise process the above personal information for the following business or commercial purposes and as otherwise directed or consented to by you:
- Services and support
- Customization and personalization
- Marketing and advertising
- To communicate with you
- Analytics and improvement
- Loyalty/rewards program
- Security and protection of rights
- Legal proceedings and obligations
- General business and operational support
- In support of business transfers (e.g., to consider and implement mergers, acquisitions, reorganizations)
Sensitive Personal Information
We only use and disclose sensitive personal information as reasonably necessary (i) to perform our services requested by you, (ii) to help ensure security and integrity, including to prevent, detect, and investigate security incidents, (iii) to detect, prevent and respond to malicious, fraudulent, deceptive, or illegal conduct, (iv) to verify or maintain the quality and safety of our services, (v) for compliance with our legal obligations, (vi) to our service providers who perform services on our behalf, and (vii) for purposes other than inferring characteristics about you. We do not use or disclose your sensitive personal information other than as authorized pursuant to section 7027 of the CCPA regulations (Cal. Code. Regs., tit. 11, § 7027(m)).
Retention
We retain the personal information we collect only as reasonably necessary for the purposes described above or otherwise disclosed to you at the time of collection.
California Residents’ Rights. In general, California residents have the following rights with respect to personal information:
- Opt out of sales and sharing: the right to opt-out of our sale and sharing of their personal information.
- Limit use and disclosure of sensitive personal information: the right to limit our use or disclosure of sensitive personal information to those authorized by the CCPA. As further explained above in the provision titled, “Sensitive Personal Information,” we only use and disclose sensitive personal information as permitted by the CCPA, thus this right is not available.
- Deletion: the right to the deletion of their personal information that we have collected, subject to certain exceptions.
- To know/access: the right to know what personal information we have collected about them, including the categories of personal information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about them.
- Correction: the right to correct inaccurate personal information that we maintain about them.
- Non-discrimination: the right not to be subject to discriminatory treatment for exercising their rights under the CCPA.
Submitting CCPA Requests.
California residents may exercise their CCPA privacy rights as set forth below.
Request to know/access, correct, and delete.
To submit a request to know/access, correct, or delete:
Contact us at guestservices@famousdaves.com or call 952-294-1300.
When you submit a request, we will take steps to verify your request by matching the information provided by you with the information we have in our records. This may include us sending an email to the address we have on file and asking you to verify that you indeed submitted a request. You must complete all required fields on our webform (or otherwise provide us with this information via the above toll-free number) to verify your request. In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor.
Authorized agents may initiate a request on behalf of another individual by submitting a request here or contacting us via the above email; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.
We will respond to requests received from California residents as required by law.
Requests to Opt out of Sale and Sharing
You may also opt out of most third-party tags and cookies on our Website, using our Cookie Preference Manager in the footer of famousdaves.com. Your settings are browser and device specific—so, if you come back to our Website from a different device or browser, or you delete cookies on your current browser, you will need to apply these settings again. In addition, our website responds to global privacy control—or “GPC”—signals, which means that if we detect that your browser is communicating a GPC signal, we will process that as a request to opt that particular browser and device out of sales and sharing (i.e., via cookies and tracking tools) on our website. Note that if you come back to our website from a different device or use a different browser on the same device, you will need to opt out (or set GPC for) that browser and device as well. More information about GPC is available at: https://globalprivacycontrol.org/.
Financial Incentives.
We may make available certain programs or offerings that are considered “financial incentives” under the CCPA. You can find a description of these programs and our applicable notice as required by the CCPA here. We will obtain your consent before including you in a financial incentive and you may opt out of such participation at any time by emailing guestservices@famousdaves.com.
California Privacy Rights under California’s Shine-the-Light Law
Under California’s "Shine the Light" law, California residents who provide us their personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we may from time-to-time share with third parties for their own direct marketing use; such requests may be made once per calendar year for information about any relevant third party sharing in the prior calendar year. If you are a California resident and would like to make such a request, please submit your request in writing at guestservices@famousdaves.com, using the subject line "California Privacy Information." In your request, please attest to the fact that you are a California resident and provide a current California address. We will reply to valid requests by sending a response to the email address from which you submitted your request. Our response to you will be limited to information on covered sharing and the relevant details required by the Shine the Light law.
Famous Dave’s of America, Inc.
https://www.famousdaves.com/ContactUsForm
ATTN: Guest Relations
12701 Whitewater Drive, Suite 100
Minnetonka, MN 55343