Legal

Panda Restaurant Group, Inc. Terms & Conditions for Services

Last Updated: June 30, 2022

These Terms and Conditions for Services (“Terms”) apply to your access to and use of the websites, mobile applications and other online or digital products and services (collectively, the “Services”) provided by Panda Restaurant Group, Inc., and its affiliates, subsidiaries, and related entities including, but not limited to, Panda Express, Panda Inn, Wasabi, Yakiya, Hibachi San, and any other entities or locations owned or operated by Panda Restaurant Group, Inc. (“Panda” or “we” or “our” or “us”).

PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE ARBITRATION PROVISION IN SECTION 15, WHICH REQUIRES THAT MOST DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

If you have any questions about these Terms or our Services, please contact us at [email protected]. For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.

1. ELIGIBILITY

You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity: (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

2. USER ACCOUNTS AND ACCOUNT SECURITY

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.

3. USER CONTENT

Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Panda.

You grant Panda a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you, including to use them for any commercial or other purpose whatsoever. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

4. PROHIBITED CONDUCT AND CONTENT

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from that user and Panda;
  • Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Sell, resell or commercially use our Services;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
  • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
  • Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
  • Develop or use any applications that interact with our Services without our prior written consent;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Bypass or ignore instructions contained in our robots.txt file; or
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent;
  • Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Panda or others to any harm or liability of any type.

Enforcement of this Section 4 is solely at Panda’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 4 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

5. OWNERSHIP; LIMITED LICENSE

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Panda or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

6. TRADEMARKS

Unless otherwise indicated, all content and other materials therein, including, without limitation, the Panda logo, our product or service names, our slogans and the look and feel of the Services are trademarks of Panda and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

7. FEEDBACK

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Panda or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in Panda’s sole discretion. You understand that Panda may treat Feedback as nonconfidential.

8. REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Panda’s designated agent as follows:

Designated Agent:
Attn: Corporate Legal Team
Panda Restaurant Group, Inc.

Address:
1683 Walnut Grove Avenue
Rosemead CA 91770

Telephone Number:
(626) 799-9898

E-Mail Address:
[email protected]

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Panda for certain costs and damages.

9. THIRD-PARTY CONTENT

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Panda does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

10. INDEMNIFICATION

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Panda and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Panda Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Panda Parties of any third-party Claims, cooperate with Panda Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Panda Parties will have control of the defense or settlement, at Panda's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Panda or the other Panda Parties.

11. DISCLAIMERS

Your use of our Services is at your sole risk. Except as otherwise provided in writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Panda does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Panda attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

12. LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Panda and the other Panda Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Panda or the other Panda Parties have been advised of the possibility of such damages.

The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Panda or the other Panda Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

13. RELEASE

To the fullest extent permitted by applicable law, you release Panda and the other Panda Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

14. TRANSFER AND PROCESSING DATA

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

15. DISPUTE RESOLUTION; BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND PANDA CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND PANDA TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.

15.1 Agreement to Arbitrate

You and Panda mutually agree to forego the delay and expense of using a court of law and choose instead to benefit from impartial dispute resolution procedure of using binding arbitration for any “Covered Claims” (as defined below) that arise between you and Panda, and/or any current or former employee, officer, or director of Panda sued for acts or omissions taken in the capacity of Panda’s agent, representative or employee. You and Panda agree that this Arbitration and Class Action Waiver is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and will survive even after these Terms terminate. Any revision to or termination of these Terms that modify or terminate this Arbitration and Class Action Waiver shall not apply to an arbitration pending at the time of the revision, except as may be required by applicable law.

15.2 Claims Subject to Arbitration

Other than the exceptions in the “Excluded Claims” Section below, the “Covered Claims” include any and all controversies, disputes, disagreements, and claims arising out of, or relating to, these Terms (including its enforcement, breach, performance, interpretation, validity, or termination), or your access to and/or use of the Services, or the provision of content, services, and/or technology on or through the Site to the fullest extent allowed by law, including but not limited to such controversies, disputes, disagreements, and claims that pre-date your agreement to these Terms.

15.3 Excluded Claims

15.4 Class Action Waiver and Jury Waiver

You and Panda agree to arbitrate any Covered Claims only on an individual basis and hereby waive any right to bring, participate in, or receive money or any other relief from any representative, class, or collective proceeding (“Class Action Waiver”). No party may bring a claim on behalf of other individuals, and no arbitrator hearing any claim under these Terms may: (a) without the consent of all parties, combine more than one individual’s claim or claims into a single case; (b) order, require, participate in, or facilitate production of class-wide contact information or notification of others of potential claims; or (c) arbitrate any form of a class, collective, or representative proceeding. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial (“Jury Trial Waiver”). This Jury Trial Waiver shall not apply, and shall be severed from this Agreement, if it is not permissible under applicable laws or otherwise found to be unenforceable, including presently California.

15.5 Arbitrability Determinations

If a party violates the agreement to arbitrate by commencing an action asserting a Covered Claim in a court of law, then the court (and not an arbitrator) shall have the authority to resolve any disputes about the interpretation, formation, existence, enforceability, validity, and scope of this Arbitration and Class Action Waiver. If a party complies with the agreement to arbitrate and files for arbitration without filing a complaint in a court of law, then the arbitrator shall have the authority to resolve any disputes about the interpretation of this Arbitration and Class Action Waiver for purposes of discovery or the merits of the underlying claim, but shall have no authority to resolve any disputes about the formation, existence, enforceability, or validity of this Arbitration and Class Action Waiver, including the Class Action Waiver.

15.6 Arbitration Rules, Procedures, and Costs

For any Covered Claim that you have against Panda, or Panda has against you, the claiming party may, voluntarily and at its election, contact the other party and attempt to resolve the claim informally by sending a written notice of the claim (“Notice”). If such Notice is being sent to Panda, it shall be sent by email at [email protected] or by certified mail addressed to:

Attn: Corporate Legal Team
Panda Restaurant Group, Inc.
1683 Walnut Grove Avenue
Rosemead, CA 91770

If the Notice is being sent to a party other than Panda, it shall be sent to the last known (by the claiming party) email or street address of the other party. The Notice should (a) include the claiming party’s name, residence address, email address, and telephone number; (b) describe the nature and basis of the Covered Claim; and (c) set forth the specific relief sought. Each party agrees to attempt in good faith to resolve the dispute. If you and Panda cannot reach an agreement to resolve the Covered Claim, then the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first class mail to the address above. You and Panda agree that the arbitration shall be administered by the American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by AAA. The arbitration shall be held at a location determined by AAA under its rules and procedures (provided such location is reasonably convenient to you), or at such other location as may be mutually agreed to by you and Panda. Except to the extent that they are modified by the rules below, if you are an individual person, the AAA Consumer Arbitration Rules that are in effect at the time of the filing of the demand will apply.

15.7 Mass Arbitration (inapplicable in California and in any other jurisdiction where this term is prohibited by law).

A “Mass Arbitration” shall be defined as any one of the following: (i) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 30 or more Covered Claims within a thirty-day period; (ii) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 50 or more Covered Claims within a sixty-day period; (iii) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 30 or more persons who file a Covered Claim within a thirty-day period; or (iv) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 50 or more persons who file a Covered Claim within a sixty-day period. In the event of a Mass Arbitration, notwithstanding anything to the contrary in Section 15.6.13. above, Panda shall (i) not be required to advance or pay arbitration costs for any arbitration and (ii) may be awarded its reasonable attorney fees, expert fees, and costs if it prevails (without having to show that your claim was frivolous or in bad faith) if such recovery is authorized under applicable law. The immediately preceding sentence shall apply only to those arbitrations that are filed once the definition of Mass Arbitration is met. Thus, by way of example, if the same law firm files 35 Covered Claims within a thirty-day period, the first 29 Covered Claims shall be governed by subpart Section 15.6.12 and the last six Covered Claims (i.e., arbitration numbers 30 through 35) shall be governed by this Section 15.7. Once a law firm or lawyer is deemed part of a Mass Arbitration, all Covered Claims he/she/it files, assists in filing, or causes to be filed shall be governed by this Section 15.7 unless and until the law firm or lawyer does not file, assists in filing, or causes to be filed any Covered Claims for a period of one year. This section 15.7 is inapplicable in California and in any other jurisdiction where this term is prohibited by law.

15.8 Severability

If any term or condition in this Arbitration and Class Action Waiver is determined to be unenforceable or in conflict with a mandatory provision of applicable law, it shall be construed to incorporate any mandatory provision, or the unenforceable or conflicting term or condition shall be automatically severed and the remainder of this Arbitration and Class Action Waiver shall not be affected.

16. GOVERNING LAW AND VENUE

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.

17. MODIFYING AND TERMINATING OUR SERVICES

We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.

18. UPDATES TO THESE TERMS

We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

19. SEVERABILITY

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

20. MISCELLANEOUS

The failure of Panda to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.

Panda Restaurant Group, Inc. Privacy Policy

 

California Privacy Rights

View general Privacy Policy

ADDITIONAL INFORMATION FOR CALIFORNIA CONSUMERS

Under the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”) (collectively, "California Privacy Law"), we are required to provide specific disclosures about how we use and disclose your personal information (“consumers” in this section). This section covers how we have collected, used, disclosed and otherwise processed your personal information over the past 12 months, as well as additional rights you may have with respect to your personal information ("California Personal Information"). This section does not reflect our processing of California Personal Information where an exception under California law applies.

Categories of Information We May Collect and Process

Consistent with the “Information Collection” section above, we may collect and process the following categories of California Personal Information:

  • Identifiers, such as name, delivery address, e-mail address, user ID, telephone number, and IP address.
  • Categories of personal information described in subdivision (e) of Section 1798.80, in addition to those already listed, such as payment information, including credit or debit card number.
  • Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • 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 website, or application.
  • Geolocation data, such as when you use your Panda app to find a nearby restaurant.
  • Audio, electronic, visual, or similar information, (except that we do not sell this information). For example, if you contact our call center, we may retain a copy of that call recording. Electronic information in the form of internet or other electronic network activity information as described above. Additionally, when you visit our restaurants, we may capture video information via CCTV cameras that help us monitor restaurant safety; as noted, typically, such audio or CCTV recordings are not associated with user accounts.
  • Inferences, including inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
  • Other information, in addition to those already listed, such as birthday and location.

Certain California Personal Information that Panda collects about you may be considered Sensitive Personal Information within the meaning of California Privacy Law, including: credit card information (for billing and transactional purposes in connection with providing products and services) and precise geolocation information. Panda only uses and discloses Sensitive Personal Information as necessary in connection with the performance of services and the provision of goods, compliance with federal, state, or local laws, and as otherwise permitted by California Privacy Law.

Sources of California Personal Information

Panda generally sources the categories of California Personal Information identified above directly from you (for instance, when you provide information as part of a business transaction or otherwise), third party reference agencies, distributors and intermediaries, data analytics providers, and social media networks.

Purposes

We use California Personal Information for the business purposes described below including:

  • Maintaining or servicing accounts;
  • Responding to customer service inquiries and requests;
  • Processing purchases, payments and transactions;
  • Verifying customer information;
  • Maintaining, improving, upgrading, and enhancing our websites, mobile apps, products and services;
  • Providing our food, products, goods, information and services;
  • Detecting, preventing and investigating security incidents, data breaches, fraud, or other illegal activity;
  • Internal administrative purposes;
  • Delivering gift cards; and
  • Complying with applicable law.

We use California Personal Information for the commercial purposes described below including:

  • Advertising or marketing;
  • Market research and competitor analysis;
  • Counting ad impressions to unique visitors;
  • Verifying positioning and quality of ad impressions;
  • To display personalized advertising when you visit our websites or a third party website;
  • To contact you with special offers and other information we believe will be of interest to you;
  • To invite you to participate in surveys and provide feedback to us;
  • To better understand your needs and interests; and
  • To improve our marketing and promotional efforts.
Disclosure of California Personal Information to Third Parties.

We may disclose the categories of California Personal Information described above for the business purposes described above to:

  • Process consumer transactions;
  • Third party service providers that perform data processing activities on our behalf, and subject to appropriate privacy and security obligations;
  • Government and other authorities as required by law;
  • Potential purchasers and other parties in connection with the sale, purchase or merger of a business; and
  • Others to the extent necessary to comply with applicable law and as otherwise permitted under California Privacy Law.

We may disclose Identifiers, Internet or other electronic network activity information, and Geolocation data for the commercial purposes described above to:

  • Third party service providers; and
  • Social media and ad networks.

YOUR CALIFORNIA PRIVACY RIGHTS

Subject to certain exceptions detailed in the California Privacy Law, as a California resident, you have the right to: (i) know/request access to your California Personal information that we collect and process about you, including specific pieces of California Personal Information that we have collected about you; (ii) request deletion of your California Personal Information; (iii) request correction of inaccurate California Personal Information; (iv)request that we transfer your California Personal Information to another entity to the extent technically feasible, in a structured, commonly used, machine-readable format; (vi) request information about the California Personal Information about you that we have disclosed for a business purpose and the categories of persons to whom it was disclosed for a business purpose; and (vii) request information about the California Personal Information about you that we have "sold" or "shared" (as such terms are defined under California Privacy Law) and the categories of third parties to whom the California Personal Information was sold or shared.

EXERCISING YOUR RIGHTS

If you are a California resident and wish to request the exercise of these rights as detailed above or have questions regarding the California Personal Information collected or shared with third parties, you may do so by:

  • Clicking here and submitting your request online by using our Privacy Rights Form; or
  • Calling us at (800) 877-8988 (toll free).

We will respond within the timeframe required by law. Panda may apply any exceptions or other conditions available under law when responding to access, correction, deletion, or other requests. Panda will generally fulfill requests for access, correction, and deletion within 45 days of receiving a valid verified request. Panda may extend the respond time by another 45 days by notifying the individual of the time extension.

DO-NOT-SELL AND LIMIT THE USE

California consumers have the right to opt-out of our “sale” or “sharing” of their California Personal Information when California Personal Information is shared with a third party for a purpose that is not a “business purpose” as set out under applicable law. To exercise your opt-out rights, click here and submit your request using the Privacy Rights Form. We do not “sell” California Personal Information about consumers that we know are younger than 16 years old without opt-in consent. Finally, California consumers also have the right to "limit the use" of their sensitive personal information. Panda only collects, uses, and discloses your sensitive personal information to provide services to you, therefore Panda is not required to provide this link.

In addition, we have configured our cookie management tool to honor opt-out preference signals sent by Global Privacy Control ("GPC") within the browser. Due to technical limitations, the GPC signal is only honored within the particular browser. Beyond GPC, we do not currently respond to web browser “do not track” signals or other mechanisms that indicate your preference for not having information collected over time and across different Web sites or digital apps following your visit to one of our Sites.

AUTHORIZED AGENTS

To the extent that you elect to designate an authorized agent to make a request on your behalf, they must provide appropriate documentation including written signed permission from you, proof of your identity, and verification of their identity; or a valid, designated power of attorney as defined under the California Probate Code.

RIGHT TO NON-DISCRIMINATION

We will not discriminate against you by offering you different pricing or products, or by providing you with a different level or quality of products, based solely upon your exercising your rights under applicable law.

NOTICE OF FINANCIAL INCENTIVE

The Panda Rewards Program (“Rewards Program”) is a rewards program that allows registered members to earn Panda Points from Qualifying Purchases and can be applied towards the purchase of eligible food and drink once you have earned the required number of Panda Points to do so. We may at any time hold contests or provide special offers ("Programs") to users in our database who have elected to let us contact them by e-mail, text messaging, direct messaging, or through social media. Participation is voluntary, and you always have the option to not supply information and/or to opt out. Information collected may include contact information, demographic information and opinions. Information may be used by third parties working on our behalf to contact you if you have won a contest, send special offers, or help us to determine the likes and preferences of consumers to better enhance our food, restaurants, overall customer experience, websites, and marketing. Because our Programs involve the collection of personally identifiable information, they might be interpreted as a "financial incentive" program under California law. Panda is unable to assign an independent monetary value to the personal information we collect in connection with our Programs due to many factors, including, without limitation (a) the number of dollars spent and points accumulated, (b) the rewards redeemed, (c) the frequency in which a consumer uses any rewards, (d) whether or not participants collect points, (e) motivating factors of any purchase, or (f) level of engagement of any Program participants. In general, however, Panda estimates in good faith that the value of your personal information to us is less than the value of the perks provided in the Program less other factors, including, but not limited to, the expense related to offering those products, services, and benefits to Program participants. You may withdraw from participating in a Program at any time by contacting us using the designated method set forth in the applicable Program terms and conditions. To the extent Panda engages in financial incentives in connection with Programs, we will provide information describing the material terms of the program and will obtain opt-in consent from users before they participate. Users can opt-out from a program at any time by following the instructions provided in such terms.

DATA RETENTION

We keep your California Personal Information for as long as needed or permitted according to the purpose(s) for which it was obtained. The criteria used to determine our retention periods include (i) for as long as we have an ongoing relationship with you; (ii) as required by a legal obligation to which we are subject to; or (iii) as advisable considering our legal position (such as in regard of applicable statutes of limitations, litigation, or regulatory investigations). We may remove California Personal Information for inactive accounts from our database, subject to any applicable legal or regulatory obligations. Furthermore, we may delete California Personal Information from our database at any time and without providing any reason.

SHINE THE LIGHT LAW

California residents are entitled once per year to request and obtain certain information regarding our disclosure, if any, of your personally identifiable information to third parties for their direct marketing purposes during the immediately prior calendar year. To make such a request, please send an email to [email protected] with the subject line “Shine the Light Request” and your full name, email address, and postal address in your message. In response to your request, we will provide you with a notice describing the cost-free means to opt-out of our sharing your personally identifiable information with third parties with whom we do not share the same brand name, if the third party will use it for their direct marketing purposes.

Panda Rewards Program Terms & Conditions

 

Diversity and Inclusion

Panda Restaurant Group, Inc., was built on a foundation of diversity, equity and inclusion. When first generation immigrants Andrew and Peggy Cherng opened the original Panda Inn in 1973, they did so with the commitment of achieving the American Dream for themselves and their extended family of Associates.

Today, our Company proudly employs associates in over 2,000 company-owned stores, and across several restaurant concepts, including Panda Express, Panda Inn, & Hibachi-San. We respect and appreciate our Associates’ varied journeys in life, including however they wish to identify, as well as their unique backgrounds, experiences, thoughts and ideas. By embracing and uplifting our Associates at every level, we will not only meet their needs, but also the needs of our communities.

In 2013, we established a Diversity, Equity and Inclusion Council and selected our first Chief Diversity Officer to continue elevating the importance of diversity, equity and inclusion in our business. The Council is comprised of Support Center and Operations ambassadors who are challenged to solicit feedback, share insights and champion actions that drive inclusion and engagement efforts reflecting the diversity of our guests, associates and communities.

At Panda Restaurant Group, Inc., we will achieve our vision of becoming a world leader in people development by fostering an environment of inclusion and belonging, creating a workplace where opportunity and growth are not only possible but achievable.

CA Supply Chain Act

CALIFORNIA TRANSPARENCY IN SUPPLY CHAIN ACT OF 2010

Panda's standard agreement for its food sourcing suppliers does not require suppliers to comply with applicable labor laws, although Panda is considering doing this in 2012. Panda, however, conducts annual assessments of its food sourcing suppliers. In addition, Panda expects to expand this assessment to obtain additional information about these vendors' activities related to the California Transparency in Supply Chains Act of 2010, including, where appropriate, preliminary risk assessment and supplier assessment questions, and later steps may take the form of requests for certification and/or audits. Panda primarily utilizes a third party for verification and audit processes. Panda also expects to evaluate whether supplemental training and/or changes in accountability standards and procedures for employees and/or contractors are appropriate.

Accessibility Statement

Panda Restaurant Group, Inc. is committed to providing excellent service to all of our guests, including those with disabilities.

To accomplish this, Panda Restaurant Group, Inc. has based its web accessibility standards on the W3C Web Content Accessibility Guidelines (WCAG) 2.0 Level A and AA success and conformance criteria. Here, at Panda Restaurant Group, Inc., we believe our continued efforts toward conforming to this standard will provide our guests with accessible content and an enjoyable experience.

Just some of the steps that are being taken toward providing more accessible web content include, but is not limited to, dedicating resources to digital accessibility, performing multi-layer accessibility testing and analysis of new and updated web content.

Gift Cards Terms & Conditions

Do Not Sell My Personal Information

Mobile Text Program

By providing your telephone number, you are subscribing to Panda’s Mobile Text Program and provide express written consent to receive text messaging from Panda Restaurant Group, Inc., including its affiliates, subsidiaries, agents and service providers (“Panda” or “we”) for any purpose, including but not limited to marketing various services from Panda. 

You understand and agree that Panda’s Terms and Conditions for Services are incorporated into, and become part of, Panda’s Mobile Text Program Terms and Conditions (and both documents are together, the “Panda Text Program”). The terms apply only if you have opted in to a text messaging program of Panda. 

THE PANDA TEXT PROGRAM CONTAINS AN ARBITRATION PROVISION WHICH REQUIRES THAT MOST DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS.

Additionally, you agree to receive recurring communications from Panda regarding any Service, and any information Panda may have obtained via your use of our website(s). You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, “in-app”, Instant Messenger, or other similar means. Note, regardless of whether your phone number is registered on a state or federal “Do Not Call List” you consent to receive recurring communications from Panda.

By enrolling in the Panda Text Program, you certify that you are authorized to: (a) enroll the designated mobile phone number in the Panda Text Program, and (b) incur any mobile message or data charges that may be incurred by participating in the Panda Text Program. We are not responsible for any charges to you regarding these communications. All related charges and fees are billed by and payable to your mobile service provider. Further, you understand that your consent to receive text messages is not a condition of purchase of any products or services, and no purchase is necessary. The Privacy Policy describes how we collect, use, and share information.

Panda may contact you with the opportunity to register for special promotions or programs via mobile text messaging and other wireless services. You consent to receive such information from Panda, either by registering on our website or via your mobile device. The information requested as part of the online registration process may include, but is not limited to, a user's telephone number or an email address (only if specifically requested), and your mobile carrier's name. When you opt-in to the service, we will send you a message to confirm your signup. Message and data rates may apply.

Users may revoke their consent to receive messages to their mobile telephone number from Panda. A user may cancel services via his or her wireless device at any time by using the unsubscribe mechanism provided by Panda at the time the message is sent, or by sending a text message that says "STOP". We will cancel all of the user's registered text messaging marketing alerts with Panda. After requesting to opt-out you will receive one additional message confirming that your request has been processed. Opting out of one form of communication does not mean you’ve opted out of other forms as well. For example, if you opt out of receiving text messages, you may still receive marketing email messages if you’ve opted in to receiving them. You can also opt-out of text messaging marketing alerts by 1) calling Panda’s toll-free number: (800) 877-8988; 2) visiting our website at https://www.pandaexpress.com/; or 3) sending us a request via our mailing address at Guest Care, P.O. Box 1159 Rosemead, CA 91770.

Contact Us

If you have a privacy concern, complaint, or question about our Privacy Policy, please contact us to change how we use your information. You may contact us via Panda Express Guest Care at [email protected], via our toll-free number: (800) 877-8988 or by clicking contact us here. We will respond to questions or concerns within 10 days.