US APPLICANT PRIVACY NOTICE, INCLUDING CALIFORNIA JOB APPLICANTS
(LAST UPDATED DECEMBER 15, 2022)
PARA VER NUESTRA POLÍTICA DE PRIVACIDAD EN ESPAÑOL, HAGA CLIC AQUÍ
CMG Strategy Co. LLC. and its subsidiaries and affiliates (collectively, “Chipotle” the “Company” “us” “our” or “we”) provide this US Applicant Privacy Notice, Including California Job Applicants (“Notice”). This Notice describes our privacy practices with respect to our collection of Personal Information in connection with our job applicant and recruiting processes and programs. This Notice also provides our California job applicants with the information required under the California Consumer Privacy Act (“CCPA”). This Notice applies only to job applicants and candidates for employment who are residents of the United States, with certain parts of this Notice specifically referring to residents of the State of California (California applicants are also known as “Consumers” under the CCPA) and from whom we collect Personal Information (“you” or “your”). For purposes of this Notice, when we refer to Consumers, we mean job applicants who reside in California. PARA VER ESTE AVISO EN ESPANOL, CLICK ON Recruiting Notice Spanish (chipotle.com)
“Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal Information does not include:
• Publicly available information from government records.
• Information that Chipotle has a reasonable basis to believe is lawfully made available to the general public by the you or from widely distributed media (e.g. information you post on social media).
• Information made available by a person to whom you disclosed the information if you did not restrict the information to a specific audience.
• De-identified or aggregated information
As a food-focused, people-first company, our mission of Cultivating a Better World means more than just using real ingredients. It means hiring passionate people and investing in their future. It means championing diversity and celebrating inclusion. It means fostering and culture of well-being for our employees and the environment. So whether you are seeking to join our team to grow your career, chase your passion or just pick up a few skills along the way, we want to help you get a real start.
By submitting your Personal Information to us, you acknowledge that:
· You have read and understood this Notice.
· You are not required to provide any requested information to us, but failure to do so may result in not being able to continue your candidacy for a job with us.
· The information you give us is true and correct to the best of your knowledge and belief, and you have not knowingly omitted any related unfavorable information. Providing any inaccurate information may make you ineligible for employment.
· This Notice does not form part of any contract of employment and does not constitute an offer of employment.
1. Information We Collect From or About Job Applicants
Generally, we may collect, receive, maintain, and use the following categories of Personal Information, depending on the particular purpose and to the extent permitted under applicable law:
Of the above categories of Personal Information, the following are categories of Sensitive Personal Information the Company may collect:
1. Personal Identifiers and Account Information (social security number, driver’s license or state identification card number, passport number, your Chipotle applicant account log-in, in combination with any required security or access code, password, or credentials allowing access your Chipotle applicant account)
2. Medical and Health Information
2. How We Use Personal Information and Sensitive Personal Information
The Personal Information and Sensitive Personal Information we collect, and our use of Personal Information and Sensitive Personal Information, may vary depending on the circumstances. This Notice is intended to provide an overall description of our collection and use of Personal Information and Sensitive Personal Information. Generally, we may use or disclose Personal Information and Sensitive Personal Information we collect from you or about you for one or more of the following purposes:
1. To fulfill or meet the purpose for which you provided the information. For example, if you share your name and contact information to apply for a job with Chipotle, we will use that Personal Information in connection with your candidacy for employment.
2. To comply with local, state, and federal law and regulations requiring Chipotle to maintain certain job applicant records as well as local, state, and federal law, regulations, ordinances, guidelines, and orders relating to infectious disease, pandemics, or other public health emergencies.
3. To evaluate, make, and communicate decisions regarding your job application and candidacy for employment.
4. To obtain and verify employment, background checks and references.
5. To communicate with you regarding your candidacy for employment.
6. To evaluate and improve our recruiting methods and strategies.
7. To engage in lawful monitoring of job applicant activities and communications when they are on Company premises, or utilizing Company internet and WiFi connections, computers, networks, devices, software applications or systems.
8. To obtain and verify background checks on job applicants and to verify employment references.
9. To engage in corporate transactions requiring review or disclosure of job applicant records subject to non-disclosure agreements, such as for evaluating potential mergers and acquisitions of the Company.
10. To promote and foster diversity, equity, and inclusion in the workplace. As necessary to engage in an audit, exercise its legal rights, including as necessary to defend itself against claims (e.g. pre-litigation and litigation)
11. With vendors, service providers, and contractors that provide services to Chipotle related to recruiting or processing of data from or about job applicants.
12. To improve job applicant experience on Company computers, networks, devices, software applications or systems, and to debug, identify, and repair errors that impair existing intended functionality of our systems.
13. To detect security incidents involving potentially unauthorized access to and/or disclosure of Personal Information or other confidential information, including proprietary or trade secret information and third-party information that Chipotle receives under conditions of confidentiality or subject to privacy rights.
14. To protect against malicious or illegal activity and prosecute those responsible.
15. As necessary to engage in an audit, exercise its legal rights, including as necessary to defend itself against claims (e.g. pre-litigation and litigation).
16. To prevent identity theft.
17. To verify and respond to consumer requests from job applicants under applicable consumer privacy laws.
18. Public Health Emergency, including infectious diseases, pandemics, or like for specific purposes.
a. To reduce the risk of spreading the disease in or through the workplace.
b. To protect employees, contractors, and customers from exposure to infectious disease or a pandemic related illness.
c. To comply with local, state, and federal law, regulations, ordinances, guidelines, and orders relating to public health emergency, including an infectious disease or a pandemic, including applicable reporting requirements.
d. To facilitate and coordinate an infectious disease or pandemic-related initiative and activities (whether Chipotle-sponsored or through the U.S. Center for Disease Control and Prevention, other federal, state and local governmental authorities, and/or public and private entities or establishments, including vaccination initiatives).
e. To identify potential symptoms linked to an infectious disease or pandemic (including through temperature checks, antibody testing, or questionnaires).
f. To permit contact tracing relating to any potential exposure.
g. To communicate with employees, contractors, and customers regarding potential exposure to an infectious disease or pandemic related illness and properly warn others who have had close contact with an infected or symptomatic individual so that they may take precautionary measures, help prevent further spread of the virus, and obtain treatment, if necessary.
3. Sale/Sharing of Information to Third Parties; Cookies and Other Tracking Technologies Information
We do not “sell” or “share” the Personal Information or Sensitive Personal Information of our job applicants.
4. Retention of Personal Information
We will retain each category of personal information in accordance with our established data retention schedule as indicated above. In deciding how long to retain each category of personal information that we collect, we consider many criteria, including, but not limited to: the business purposes for which the Personal Information was collected; relevant federal, state and local recordkeeping laws; applicable statutes of limitations for claims to which the information may be relevant; and legal preservation of evidence obligations.
5. Changes to this Notice
From time to time, Chipotle may change this Notice. Changes will be indicated by the “Last Updated” date at the top of this page.
You agree to indemnify, defend, and hold harmless Chipotle, its affiliates, its providers, and its officers, directors, employees, attorneys, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms; and/or (2) your activities in connection with the Services and/or materials, programs, and features made available therein.
COMMUNICATING WITH CHIPOTLE
The Services contain many valuable trademarks owned and used by Chipotle throughout the world. These trademarks are used to distinguish Chipotle’s quality products and services. The text, graphics, and html code contained on this Website and throughout the Services are the exclusive property of Chipotle (“Chipotle Content”). Chipotle Content is protected from reproduction and simulation under national and international laws and, except where otherwise noted, is not to be copied, distributed, displayed, reproduced, or transmitted in any form, by any means, without the prior express written consent of Chipotle.
Certain areas of the Services be enable you to submit remarks, ideas, images, photos, suggestions, graphics, and/or other materials and content (“Submitted Content”). You acknowledge that you are responsible for whatever material you submit, and you, not Chipotle, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through the Services, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, such Submitted Content will forever be the property of Chipotle and Chipotle is entitled to use the Submitted Content for any commercial or other purpose whatsoever without compensation to you.
Chipotle hereby grants you permission to use the Services as set forth in these Terms, provided that: (i) your use of the Services as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Services in any medium without Chipotle’s prior written authorization; (iii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose; and (iv) you will otherwise comply with these Terms.
In order to access some features of the Services, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Chipotle will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Chipotle or others due to such unauthorized use.
The Services may link to sites not maintained by or related to Chipotle. Hypertext links are provided as a service to users and are not necessarily sponsored by or affiliated with the Services or Chipotle. Chipotle has not necessarily reviewed the sites hyperlinked to or from the Services and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. Chipotle makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to or from the Services. Furthermore, Chipotle does not implicitly endorse third-party sites hyperlinked to or from this Website.
TEXT MESSAGING NOTICE
If you choose to participate in any Chipotle promotion that may involve the use of text messaging (either sending or receiving), Chipotle will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).
MOBILE TERMS & CONDITIONS
- You must be 13 years of age or older to participate in the Chipotle mobile text program.
- By participating in the Chipotle mobile text program and signing up for mobile offers and text updates, you consent to receive future recurring automated marketing text messages to the mobile number provided from or on behalf of Chipotle. You also acknowledge that your agreement to receive these messages isn’t required as a condition of purchase.
- Message and data rates may apply. All charges are billed by and payable to your mobile service provider. Chipotle does not charge you for sending or receiving text messages to 888222.
- If you would like to be removed from the Chipotle mobile text program, you must text STOP to 888222 (U.S.) or 888333 (Canada) to opt-out. This is the exclusive method for opting out. After texting STOP to 888222 you will receive one additional message confirming that your request has been processed.
- Chipotle reserves the right to remove subscribers from our messaging database at our discretion. For more information, reply “HELP” to 888222 (U.S.) or 888333 (Canada) or contact us here.
- In the event that you change or deactivate your mobile number it is your responsibility to notify Chipotle here to have your number removed.
- Chipotle will not be liable for any delays in the receipt of any SMS messages or undelivered messages. T-Mobile policies require that we specify that T-Mobile, also, will not be liable for any delays in the receipt of any SMS messages or undelivered messages.
- Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name, the date, time and content of your messages and other information you provide to us as part of this service. We may use this information to contact you and to provide the services you request from us.
- These terms and conditions are subject to change at any time without notice.
VIOLATION OF THESE TERMS AND REMEDIES
You agree that Chipotle may, in its sole discretion and without prior notice, block and/or terminate your access to the Services if Chipotle determines that you have violated these Terms or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice, and will cause irreparable and unquantifiable harm to Chipotle. You also agree that monetary damages would be inadequate for such harm and consent to Chipotle’s obtaining any injunctive or equitable relief that Chipotle deems necessary or appropriate. These remedies are in addition to any other remedies that Chipotle may have at law or in equity.
If Chipotle takes legal action against you as a result of your violation of these Terms, Chipotle will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Chipotle. You agree that Chipotle will not be liable to you or to any third party for termination of your access to the Services, mobile app, programs, and/or services as a result of any violation of these Terms.
GOVERNING LAW AND JURISDICTION
These Terms are governed by United States law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of you or Chipotle in connection with your use of the Services or your Submitted Content, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to the conflict of laws rules thereof.
DISPUTE RESOLUTION, ARBITRATION CLAUSE AND CLASS ACTION WAIVER
You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of these Terms will be resolved in accordance with the provisions set forth in this Dispute Resolution section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.
You agree that whenever you have a disagreement with Chipotle arising out of, connected to, or in any way related to these Terms, you will send a written notice to Chipotle (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms. You must send the Demand to the following address (the “Notice Address”): Legal Department, Chipotle Mexican Grill c/o CMG Strategy Co., LLC, 610 Newport Center Dr., Suite 1300, Newport Beach, CA 92660. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 20 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you and Chipotle to litigate claims in court and you and Chipotle each agree to waive your respective rights to a jury trial or a state or federal judge. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would. You agree that you will not file any lawsuit against Chipotle in any state or federal court. You agree that if you do sue in state or federal court, and Chipotle brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Chipotle in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Chipotle. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
You agree that you will not file a class action or collective action against Chipotle, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Terms, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you or Chipotle agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Chipotle agrees that we will submit all disputes with you to arbitration before the Arbitrator.
These Terms constitute the entire agreement between you and Chipotle and govern your use of the Services and supersede all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and Chipotle with respect to the Services. Both you and Chipotle acknowledge and agree that no partnership is formed and neither you nor Chipotle has the power or the authority to obligate or bind the other.
The failure of Chipotle to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
The failure of Chipotle to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of Chipotle shall not be deemed a breach of this agreement. If Chipotle fails to act with respect to your breach or anyone else’s breach on any occasion, Chipotle is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect this agreement.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms constitute a binding agreement between you and Chipotle, and are accepted by you upon your use of the Services. This agreement constitutes the entire agreement between you and Chipotle regarding the use of the Services and the features therein and supersedes and replaces any prior agreements between you and Chipotle regarding the use of the Services. By using the Services, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.