Houlihan’s Privacy Policy

Effective date: December 11, 2007

Houlihan’s Restaurants, Inc. ("Houlihan’s," "we," "us") shares the concerns of visitors ("Visitors," "you") to our Internet web site (the "Site") about the protection of personal information online. This privacy policy (the "Policy") describes our practices regarding the privacy of information that we collect through the Site. This Policy does not govern our collection of information through any web site, or by any other means, other than through the Site, or the collection of information by any parent, subsidiaries, sponsors or affiliates ("Affiliated Entities").

Please read this Policy before using this Site. Your use of this site constitutes your agreement to the terms and conditions of this Policy. If you do not agree to the terms and conditions of this Policy, please do not use the Site.

1. Information Houlihan’s Accessed Through the Site.

Houlihan’s gathers two types of information through the Site: "Personal Information," information from which an individual can be identified, and "Aggregate Information," from which an individual can not be identified.

a. Aggregate Information. When you visit and interact with the Site, Houlihan’s and third parties with whom Houlihan’s has contracted to provide services to Houlihan’s, may collect anonymous information from three sources: server log files, cookies, and "pixel tags".

i. Server Log Files. Your Internet Protocol (IP) address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. Collecting IP addresses is standard practice on the Internet and is carried out automatically by many web sites. Houlihan’s may use the IP addresses of its Visitors, to calculate Site usage, to diagnose problems with the Site's servers, and to administer the Site. We can also use IP addresses to communicate with or to block access by Visitors who fail to comply with our Terms or Policies.

ii. Cookies. Cookies are data that a web server transfers to an individual computer for recordkeeping purposes. Cookies are an industry standard used by most web sites, and help facilitate users' ongoing access to and use of a particular web site. Cookies do not cause damage to your computer systems or files, and only the web site that transferred a particular cookie to you can read, modify or delete such cookie. If you do not want information collected through the use of cookies, there are simple procedures in most browsers that allow you to delete existing cookies, to automatically decline cookies, or to be given the choice of declining or accepting the transfer of particular cookies to your computer. Declining cookies may make it difficult or impossible for you to use portions of the Site.

iii. Pixel Tags. The Site may use so-called "pixel tags," "web beacons," "clear GIFs" or similar means (collectively, "Pixel Tags") to compile aggregate statistics about Site usage and response rates. Pixel Tags allow Houlihan’s to count users who have visited certain pages of the Site, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when the email has been opened.

b. Personal Information. Visitors generally do not need to register or provide Personal Information in order to access Houlihan’s Site. Certain functionalities (such as a membership program, through which purchasers of products may receive discounts or Promotional Opportunities) may require registration. Houlihan’s collects Personal Information from you only when you voluntarily provide it to us - for example, by contacting us through the Site, answering surveys and polls, entering contests, sweepstakes, raffles and similar promotions, signing up for email updates and announcements concerning our products and special promotions. Personal Information includes, but is not limited to, your contact information, such as your name, postal address, telephone numbers and/or email address (collectively “Personal Information”), as well as your payment information, such as credit card number, expiration date and 3 digit security code ("Payment Information"), which we collect if you wish to purchase any product or service made available through the Site ("Transaction").

2. Use and Disclosure of Information Houlihan’s Obtains Through the Site.

a. Personal Information. We may use your Personal Information in a variety of ways.

i. Communications. We encourage Visitors to contact us with questions and comments. Personal Information may be used in order to respond to your questions and comments.

ii. Business Purposes. Houlihan’s also uses your Personal Information for internal business purposes, such as analyzing and managing our business. The Personal Information you provide through the Site may be combined with other information you provide to Houlihan’s (via online or offline means), with demographic information and other publicly available information, or with information about you that Houlihan’s may otherwise obtain online or offline.

iii. Third Party Service Providers. We work with third parties who provide services, including web site hosting, credit card processing, data analysis, newsletter services, promotional activities, and other administrative services. We may share your Personal Information, including your Payment Information, with such third parties for the purpose of enabling such third parties to provide such services.

iv. Transactions. When you take part in a Transaction through the Site, Houlihan’s collects Payment Information from you related to such Transaction as well as other Personal Information such as a shipping address so that we can deliver your purchase. We may use your Personal Information or Payment Information in order to complete the Transaction and, if applicable, to fulfill your purchase. We may also provide such Payment Information to third parties as necessary to complete your Transaction (for example, to process your credit card).

v. Sweepstakes, contests, raffles and other promotions. We may operate sweepstakes, contests, raffles and similar promotions (“Promotions”) through the Site that may require online registration, which may include name, email, user ID and password. We typically ask you for certain Personal Information when you enter and, if applicable, win a sweepstakes, contest, raffle or similar promotion. We may share this Personal Information with third party sponsors of such Promotions or in other ways that are in accordance with the rules applicable to such Promotion. Please review the rules of each Promotion in which you participate through the Site, as they may contain additional important information about Houlihan’s or a sponsor's use of your Personal Information. To the extent that the terms and conditions of such Promotion concerning the treatment of your Personal Information conflict with this Policy, the terms and conditions of the Promotion shall control.

vi. Special Promotions and Product Information. Houlihan’s may use your Personal Information to provide you with email updates and announcements concerning our services, products and special promotions. You may opt-out of receiving these messages from us at any time (see "Contact Us" below).

vii. Critical Communications. From time to time we may use your Personal Information to email you important information regarding the Site, your Transactions, or changes to our terms, conditions, and policies ("Critical Emails"). Because this information is likely to be critical to your use of the Site, you may not opt-out of receiving these emails.

viii. Miscellaneous. Houlihan’s may disclose your Personal Information if we believe that we are required to do so: (i) by law; (ii) to comply with legal process or governmental requests; (iii) to enforce our Terms of Service; (iv) to protect our operations; (v) to protect the rights, privacy, safety or property of Houlihan’s, you or others; and (vi) to permit us to pursue available remedies or limit the damages that we may sustain.

b. Aggregate Information. We analyze Aggregate Information in order to enhance web site security, track the success of our email notifications, the popularity of the Site, and traffic levels on the Site and other usage data. This information helps us provide content tailored to your interests, improve the Site and related services, and to otherwise enhance Visitors’ experience on the Site. We may share Aggregate Information with Affiliates and other third parties for these purposes. We do not sell your Personal Information.

3. Other Important Notes Regarding Our Privacy Practices.

a. Special Note for Parents. Houlihan’s takes seriously its obligations under the Children's Online Privacy Protection Act concerning the collection of Personal Information from individuals under the age of thirteen (13). The Site is not directed at children, and we request that children under the age of 13 not provide Personal Information through the Site.

b. Security. We have security measures and tools in place to help protect against the loss, misuse, and alteration of the information you provide to us. Any time you provide us with your credit card number, that credit card number is transmitted to us by your browser in an encrypted format using industry-standard, SSL (secure socket layer) encryption. No method of transmitting or storing data is completely secure. As a result, while we strive to protect your Personal Information, we cannot guarantee the security of any information you transmit to us through or in connection with the Site. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with "Contact Us," below (note that physical mail notification will delay the time it takes for us to respond to the problem).

c. Other Third Party Sites. The Site may contain links to third party web sites. These linked sites (including the web sites of Affiliates) are not under Houlihan’s control and we are not responsible for the privacy practices or the contents of any such linked site, or any link contained in any linked site. We provide such links only as a convenience, and the inclusion of a link on the Site does not imply endorsement of the linked site by Houlihan’s. If you provide Payment Information or other Personal Information through any such third party web site, your transaction will occur on such third party's web site (not the Site) and the Personal Information you provide will be collected by, and controlled by the privacy policy of that third party. For your safety, please always familiarize yourself with the privacy policies and practices of any such third parties.

d. Assignment. We reserve the right to transfer any and all information that we collect from users of the Site to a third party in the event of any merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Houlihan’s assets or stock (including without limitation in connection with any bankruptcy or similar proceedings).

4. Updating Your Information and Contacting Us.

Houlihan’s has procedures in place that enable you to keep your Personal Information accurate, complete and up to date. You may review the information and request that it be revised at any time. We provide several options for reviewing, correcting, updating or otherwise modifying information you have previously provided:

1. You may email us at: privacy@houilhans.com

2. You may call us at 913-901-2500

3. You may send mail to the following postal mail address:

Attn: Website Visitor Information
Houlihan’s Restaurants, Inc.
8700 State Line Rd, Ste. 100
Leawood, KS 66206

Please clearly indicate the information that you wish to review or have changed. We will do our best to comply with your request as soon as possible.

Note that despite any removal of or change to Personal Information requested, there may be residual information that will remain within our databases and other records, which information will not be removed or changed.

5. Choice

From time to time, we may ask you to indicate whether you are interested in receiving emails or their information from Houlihan’s. If you elect to receive these communications, we will occasionally send you emails or other information that match your requests or to offer you promotions and coupons. If at any time you wish to stop receiving these email communications from us, please let us know by emailing, calling or writing to us using the contact information listed above in Contacting Us or by using the unsubscribe feature in the email you received. Please clearly indicate that you wish to stop receiving email communications from Houlihan’s. We do not disclose your Personal Information to third parties for the third-party's direct marketing purposes.

6. Careers Section.

The Site includes a link to our Careers section, which contains information on what it's like to work for Houlihan’s and methods for applying for jobs at our company-owned locations . Any Personal Information submitted through this portion of the Site, or to email addresses listed on this portion of the Site, will be governed by Houlihan’s Résumé Submission Policy.

7. Changes to This Policy.

We reserve the right to change this Policy, and any of our policies or procedures concerning the treatment of information collected through the Site, without prior notice. Any changes to our Policy will become effective upon posting of the revised Policy on the Internet, accessible through the Site. The “Effective Date” at the beginning of this Policy indicates when the Policy was last revised. Use of the Site following such changes constitutes your acceptance of the revised Policy then in effect.

 

This Policy represents the sole, authorized statement of Houlihan’s practices regarding collection and use of Personal Information obtained through the Site. Any summaries of this Policy generated by third party software or otherwise (for example, in connection with the Platform for Privacy Preferences or "P3P") shall have no legal effect, do not bind Houlihan’s, shall not be relied upon in substitute for this Policy, and neither supersede nor modify this Policy.

All rights reserved.