PRIVACY NOTICE FOR CALIFORNIA RESIDENTS UNDER THE CALIFORNIA CONSUMER PRIVACY ACT OF 2018 (“CCPA”)

Effective Date: July 1, 2020.

Last Updated: August 31, 2023

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS (“Privacy Notice”) supplements the information contained in our General Privacy Policy and applies to individual visitors, users, and others who are residents of the State of California (as defined in the CCPA) who are not affiliated with our business customers or suppliers nor are our employees, contractors, or job applicants. As used herein, “you” refers to an individual visitor or user (and not a legal entity such as a corporation or LLC) residing in California.

Katsu-ya Group, Inc. (“we”, “our”, “us”) adopts this Privacy Notice to comply with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 and subsequent applicable rules and regulations, (collectively, the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this Privacy Notice. This Privacy Notice does not grant any rights not made available under the CCPA.

As a consumer subject to the CCPA, you may be able to exercise certain rights with respect to your Personal Information (defined below) on the terms described in this Privacy Notice. For more information about how to exercise those rights, please see the section titled “Exercising your consumer rights” below.

You may opt out of the aggregation and analysis of data collected about you on our Website by Google Analytics by visiting https://tools.google.com/dlpage/gaoptout and downloading and installing the Google Analytics Opt-out Browser Add-on.

Personal Information That We Collect

Our website (https://www.katsu-yagroup.com/terms-of-use/) (“Website”) and associated restaurants and services (collectively, “Services”) collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("Personal Information").

Note that we may share Personal Information with some of our Related Entities from time to time. As used in this Privacy Notice, “Related Entities” means a legal entity that (i) controls, is controlled by, or is under common control with us, and (ii) uses a business name which incorporates ”Katsu-ya” (e.g. “Sushi Katsu-ya” or “The Izaka-ya by Katsu-ya”). Related Entities do not constitute "third parties" under the CCPA, as they qualify as part of the same business. We share such Personal Information for the purposes and in the manner described in this Privacy Notice. Unless otherwise stated, if we share your Personal Information with a Related Entity, the Related Entity will follow the processes described in this Privacy Notice when processing your Personal Information.

“Personal Information” does not include:

• Personal Information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

What are our sources of Personal Information?

We obtain Personal Information from the following categories of sources:

1. Our Related Entities;
2. Service providers;
3. Direct interactions by you giving us your Personal Information, by filling in forms or by corresponding with us by mail, phone, fax, email or in-person. This includes, but may not be limited to, Personal Information you provide when you purchase our products or services, including catering, or when you request samples.

How do we use your Personal Information that we collect?

We may use or disclose the Personal Information we collect for the following business purposes:

1. To perform the service for which the Personal Information is provided. For example, if you provide us with Personal Information for us to complete an order, we will use that information to complete that order. We may also save your Personal Information to facilitate new product orders or process refunds.
2. To process your requests, purchases, transactions, and payments for the information, products, or services that you buy from us and to prevent transactional fraud.
3. To create, maintain, customize, and secure your account with us.
4. To provide you with email alerts, event registrations, and other notices concerning our products or services, or events or news that may be of interest to you.
5. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
6. To help maintain the safety, security, and integrity of our Website, Services, products and services, databases and other technology assets, and business.
7. To deliver relevant website content and advertisements to you, and to measure or understand the effectiveness of the advertising we send to you.
8. To enforce our rights arising from any contracts entered into between us, including for billing and collections.
9. To protect our rights, property or safety and those of our customers or others.
10. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
11. To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other 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 we hold about our Website users is among the assets transferred.
12. As may otherwise be disclosed to you when collecting your Personal Information or as otherwise set forth in the CCPA.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Do we disclose your Personal Information?

We may disclose your Personal Information to a third party for a business purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to keep Personal Information confidential and not use it for any purpose except performing the contract. We may disclose your Personal Information with the following categories of third parties:

1. Service providers.
2. Our affiliates and subsidiaries.
3. Third-party apps and services at your request.

Cookies and other technologies on our Website

We and/or our service providers may collect and store information using cookies, web beacons, Uniform Resource Locators (URL), and similar technologies to manage our Services (including our Website)and to collect information about you and your activities online at our Website and the ways in which you interact with our Services including, but not limited to, your computer’s IP address and operating system, your browser type, the site from which you linked to our Website, the time and date of your visit, how you use and interact with our Services, your preferences, and what products and services you purchase. We may also use device identifiers, web storage, and other technologies to collect information about your interactions with our content and Services. To the extent that the collection or disclosure of any cookies, as applicable, constitutes a sale under the CCPA, you can exercise your right to opt out or have us delete your Personal Information. You can exercise your rights by submitting a form through our third-party service provider, which is available here: Exercise Your Rights.

What Personal Information do we sell?

We have not sold any Personal Information of any consumers in the preceding 12 months or made such information available for cross-context behavioral advertising (known as ‘sharing’ Personal Information under the CCPA).

We do not “sell” or “share” (as defined in the CCPA) your Personal Information.

California Privacy Choices

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the 12 months prior to receiving your request or to delete your Personal Information. Once we receive and confirm your verifiable consumer request, we will disclose to you:

• The categories of Personal Information we collected about you.
• The specific pieces of Personal Information we collected about you (also called a data portability request).
• The categories of sources for the Personal Information we collected about you.
• The categories of third parties to whom we disclosed Personal Information we collected about you.
• Our business or commercial purpose for collecting or disclosing your Personal Information with third parties.
• A copy of the specific pieces of Personal Information we collected about you (also called a data portability request).
• If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:

1. sales, identifying the Personal Information categories that each category of recipient purchased; and
2. disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

Do-Not-Track Signals

Some browsers have incorporated “Do Not Track” (DNT) features and other “opt-out preference signals” that can send a signal to the websites you visit indicating you do not wish to be tracked. As of the date on which this Privacy Policy was last updated, however, there is no standardized DNT signal. As such, our Site does not currently respond to browser DNT signals or similar signals. If you do not wish to be tracked, you may also be able to opt out by selecting certain options in the settings browser or device that you use to access the Site, or by using certain third-party applications and programs.

Correction and Deletion Request Rights

You have the right to request that we correct or delete some or all of your Personal Information that we have collected and retained about you, subject to certain exceptions. Once we receive and confirm your request, we will correct or delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. We may deny your deletion request if we are unable to verify your identity or if we are not required to delete your Personal Information under the CCPA.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

1. Complete the transaction for which we collected your Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 ).
6. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
7. Comply with a legal obligation.
8. If we cannot verify your identity or the disclosure creates a substantial, articulable, and unreasonable risk to the security of your Personal Information, your account with us, or the security of our business’s systems or networks.
9. In no event will we disclose information such as your account password, or security questions and answers.

Exercising your consumer rights

You may exercise your rights as a consumer under the CCPA at any time, including (without limitation) opting in or out of the sale or sharing of Personal Information. Your choice(s) to opt-in or opt-out will remain unless you state otherwise. All Personal Information will continue to be treated in accordance with this Privacy Notice and our General Privacy Policy unless we are required by law to do otherwise.

Only you or an authorized agent (who can be a person registered with the California Secretary of State that you authorize to act on your behalf) may make a verifiable consumer request. You may also make a verifiable consumer request on behalf of your minor child under age 16.

We are only required to respond to a verifiable consumer request twice within a 12-month period.

The verifiable consumer request must:

1. Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or your authorized representative.
2. Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

You may change your choice at any time by notifying us using the methods described at the end of this Privacy Notice.

Response Timing and Format

We will confirm receipt of your request within 10 business days following our receipt, and will provide a description of how we will process your request.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your verified request.

The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

Non-Discrimination

We will not discriminate against you for exercising your rights under the CCPA. In particular, we will not:

• Deny you access to our consumer goods or services;
• Charge you different prices for goods or services, whether through denying benefits or imposing penalties;
• Provide you with a different level or quality of goods or services than we provide to other consumers; or
• Threaten you with any of the above.

Your Rights under California’s “Shine the Light” Law

Under California’s Shine the Light law, you may also ask companies with whom you have formed a business relationship primarily for personal, family or household purposes to provide the names of third parties to which they have disclosed certain Personal Information (as defined under the Shine the Light law) during the preceding calendar year for their own direct marketing purposes and the categories of Personal Information disclosed.

You may make one request under California’s Shine the Light law each year by contacting us by e-mail at privacy@katsu-yagroup.com. In the email’s subject line, please insert “Privacy Policy under CCPA – Shine the Light Request”. Your e-mail should also include your first and last name and mailing address and certify that you are a California resident. We reserve the right to require additional information to confirm your identity and California residency.

Amending this Policy

We may change these policies at any time. When we make changes to this Privacy Notice, we will post the updated Privacy Notice on our Website and update its effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Please review our Privacy Notice from time to time. We have no duty to notify you of any changes.

If you have any questions or comments about this Privacy Notice, the ways in which we collect and use your Personal Information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at the addresses described above.

You can contact us for general information by either:

• Calling: 855-916-0677 (toll free) or
• Email: privacy@katsu-yagroup.com In the email “subject line”, please insert “Privacy Policy under CCPA”.

You can also submit your request regarding our handling of your Personal Information by submitting a form through our third-party service provider, which is available here: Exercise Your Rights.