Happy Tuna and its respective subsidiaries and affiliates (collectively “Happy Tuna,” “we,” and “us”) respects the sensitive nature of any personal information you provide to us.  We have created this Privacy Notice to demonstrate our commitment to the privacy of those who visit our websites and to inform you of the types of personal information we collect, storage and disclosure practices and the choices you have regarding how your personal information is collected and used by us and third parties who provide services for us.

Our websites are operated in the United States but can be accessed worldwide. Residents of the European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), should consult the sections of this policy relating to the “Rights of EEA Residents” and “International Data Transfers” for provisions that may apply to them.

By continuing to use Happy Tuna Services you acknowledge this Privacy Notice and agree to our Terms of Use and other important policies, all available on our Online Policies page.

This Privacy Notice (“Notice”) applies to those who visit the following websites: Happy Tuna.com, HeyFish.HappyTuna.com, theHappyTuna.com (“Websites”), through any other websites or applications owned and operated by Happy Tuna that direct the viewer or user to this Notice (“Happy Tuna Services”). Our website and mobile applications may offer links to websites and/or other mobile applications that are operated by third parties and not by Happy Tuna. If you visit one of these linked websites, you should read the website’s privacy notice, terms and conditions, and their other policies. We are not responsible for the policies and practices of third parties. Any information you give to those organizations is governed under their privacy notice, terms and conditions, and other policies.

We reserve the right to change this Notice at any time. In the event we make changes to this Notice, such Privacy Notice will by reposted on the website, notifying you of material changes along with an update to the Last Revised date on this Notice or we may contact you to inform you about the revisions with a link to the revised Privacy Notice. We encourage you to look for updates and changes to this Notice when you access our websites and mobile applications. Your continued use of the website or the Happy Tuna Services after any change is posted indicates your acceptance of the changes and your continued consent to our processing of your personal data. If at any point you do not agree to any portion of the Notice, then in effect you should immediately stop using the website and/or Happy Tuna Service. You may also unsubscribe from certain communications by following the procedures set forth in this Notice.

When you visit our website and/or use Happy Tuna Services, we may collect the following categories of information:

• Personal Data - is information that may be used to directly or indirectly identify you (which, in some cases, may include certain Device Information). Such information includes your name, e-mail address, physical address, phone number or other information about you such as your birth date, and demographic information (such as gender). Most of the Personal Data we collect is contact information about yourself, including e-mail address, telephone numbers, physical address or other information you provide to us. You may provide such information online or through other communications with us, including visits to our restaurants. We may combine the Personal Data that we obtain about you from these sources. We collect Personal Data about you to (i) provide information to you regarding the Services we provide; (ii) provide answers to your inquiries or questions; and (iii) maintain regular communication with you as may be necessary to inform you of offers, updates and other information regarding us and our Services.
• Financial Information - We may also collect information such as your credit card and debit card information, telephone number, and name.
• Commercial Information - We may collect information about your transactions in our stores, on our websites or via our Happy Tuna App including what products you purchase, how frequently you purchase them, any Rewards or promotions associated with a purchase, and the products you have placed on your “Wishlist” or “My Bag” for future purchase.
• Electronic Network Activity Information - We may collect information related to your electronic network activity, such as your browsing history, information about how you use the Happy Tuna Services, information about your device, and information related to Happy Tuna website’s “Customer Contact” feature.
• Geolocation Information - We may collect information about your location of your device, such as information derived from your device (e.g., based on a browser or device’s IP address).  We may also use location-based technology in our retail locations, to collect information about the presence of your device, if your Bluetooth is turned on and your device settings allow for this.
• Audio and Visual Information - We may collect audio and visual information when you use the Happy Tuna Services. For example, closed circuit video surveillance cameras (“CCTV”) may be installed at some of our retail locations to monitor building security and assist in crime prevention, detection, and investigation, and to ensure the safety of our staff and visitors to our facilities, and these CCTV cameras may collect audio, visual, and similar information. Also, depending on your choices, we may collect audio information when you use voice ordering.
• Inferences - We may also collect inferences drawn from the other information described above.
• Other - We may collect other information that you voluntarily provide when you communicate with us.

We may aggregate or de-identify the information described above. Aggregated or de-identified data that we do not attempt to reidentify is not subject to this Notice.

Without this information, we may not be able to provide you with all the requested services.

In addition to the information we receive from you, we may also receive the categories of information described above from other sources including from other users of Happy Tuna Services (such as when they purchase a gift for you), advertising partners, co-sponsors, internet service providers, data analytics providers, operating systems and platforms, social networks, and publicly available sources. For example, if you access any social media or similar services through the Happy Tuna Services to login or to share information about your experience on our Happy Tuna Services with others, we may collect information from these third-party services.

We may use your information for business purposes, including to provide the products and services you request, to perform customer service functions, for security and fraud prevention, for marketing and promotional purposes, and to perform website and mobile application analytics.  We may use the information we collect about you to:

(d) To Enforce our Terms, Agreements, or Policies - To maintain a safe, secure, and trusted environment for you when you use our websites, mobile applications, and other services, we may use your personal information to ensure our terms, policies, and agreements with you and any third parties are enforced.

(f) Targeted Advertising - We may process your information to provide you with targeted advertising (also known as cross-contextual advertising and online behavioral advertising) and offers and promotions that you may be interested in.

(g) With Your Consent - We may process certain information in order to fulfill any other business or commercial purposes at your direction or with your consent.

We may disclose your information as needed to fulfill the purposes described in this Notice and as permitted by applicable law.

(a) When We Work Together - We may share information between and among Happy Tuna Corporation, its subsidiaries, and affiliates companies for purposes of management and analysis, decision making, and other business purposes. For example, we may share your information with our subsidiaries and affiliates companies to administer our loyalty programs, process orders and requests, and expand and promote our product and service offerings.

(b) When We Work with Service Providers & Business Partners - We may share each of the categories of information described, in the “Information We Collect” section, for a variety of business purposes, with our service providers and business partners who provide an array of services such as payment processing, website and data hosting, location mapping, product and service delivery, customer service, advertising and marketing (including counting ad impressions and audience creation), facilitating Happy Tuna Rewards loyalty program benefits and communication, ensuring compliance with industry standards, personalization, analytics services, security and performance monitoring, maintaining and servicing accounts, processing or fulfilling orders and transactions, verifying customer information, research, auditing, and data processing. We strive to contractually prohibit these service providers and business partners from retaining, using, or disclosing your confidential personal information for any purpose other than performing agreed upon services for us.

(c) When We Work on Business Transactions - If we become involved with a merger, corporate transaction or another situation involving the transfer of some or all of our business assets, we may share your information with business entities or people involved in the negotiation or transfer.

(d) When Sharing Helps Us Protect Safety and Lawful Interests - We may disclose your information if we believe that the disclosure is required by law, if we believe that the disclosure is necessary to enforce our agreements or policies, or if we believe that the disclosure will help us protect the rights, property, safety of Happy Tuna or our customers or partners.

(e) When You Give Consent - We may share information about you with other companies if you give us permission or direct us to share the information.

(f) When You Post on Our Websites - If you post information on a blog or another part of our websites, the information that you post may be seen by other visitors to our websites.  We are not responsible for the information you choose to submit in these public areas.

Taken together, these technologies help us learn which services and functionality you are using and how you are accessing information about us. We may use this information to personalize your visit to a website or use of a mobile application or to send you relevant promotions and advertisements.

Happy Tuna uses reasonable technical, physical, and administrative security measures to reduce the risk of loss, misuse, unauthorized access, disclosure or modification of your information. However, no security system is perfect, and due to the inherent nature of the Internet, we cannot guarantee that data, including personal information, is absolutely safe from intrusion or other unauthorized access by others. You are responsible for protecting your password(s) and maintaining the security of your devices.

Happy Tuna stores information as reasonably necessary and proportionate to accomplish the purposes identified in this Notice based on criteria such as the length of time we need to provide the services to you, and to meet legal requirements, including record retention, resolving disputes, and enforcing our agreements. Our retention of your information is governed by applicable law.

The personal information that you provide us is stored and processed on servers owned by Happy Tuna and other companies in the United States, Canada or elsewhere around the world, including locations outside of the country or jurisdiction where you are located. Regardless of the company or person who processes your information and where it is processed, we will take steps to transfer and protect your information through appropriate safeguards in accordance with applicable data protection laws and this Notice.

We do not intend for our websites or online services to be used by anyone under the age of 13. We do not knowingly collect, sell, or share information of consumers between the ages of 13 - 16. If you are a parent or guardian and believe we may have collected information about your child, please contact us immediately as described in the “Contact Us” section of this Notice. For more information, please see our Terms of Use.

Many Happy Tuna stores support providing you access to wireless internet (WiFi) at no charge. For any such WiFi access, please carefully review the terms of use listed on the activation page prior to accepting and connecting.

If you allow for location sharing, your device may communicate with us in ways that allow for us to customize your experience in and around Happy Tuna stores, to monitor the effectiveness of our marketing efforts, to tailor messages based on your time and location patterns, and to limit the number of times you see a promotional message or offer. Precise geolocation may be used to fulfill services and application functionality you choose to engage with. You can manage the use of that personal information at any time in your device settings.

For most mobile devices, you can disable the collection of geolocation information by turning off location services on your device.  If you have any questions about how to prevent Happy Tuna from collecting your geolocation, we recommend you contact your mobile device service provider or the device manufacturer. Certain Happy Tuna App features and some Happy Tuna Services may not work properly without information about your location. You can re-enable the collection of geolocation information, at any time, by turning on location services on your device.

• Voice Ordering - In order to use certain Happy Tuna Services, such as voice ordering, when available, you must (a) enable “microphone” and “speech recognition” in the Happy Tuna App; and/or (b) set the permissions in your mobile device to allow communication of this information.
• Email Communications, Push Notifications, and In-App Messages - The Happy Tuna App allows all users to set preferences for receiving promotional email communications from Happy Tuna, receiving push notifications on your device, and receiving inbox messages. You may opt-out of receiving promotional emails at any time by adjusting your Happy Tuna online account settings or by clicking the “unsubscribe” link included within any promotional emails we send you. If you opt-out of receiving promotional emails from us, we may still send communications to you about your orders and transactions, and any accounts you have with us. Please note that when you opt-out of receiving promotional emails, you may still receive automated marketing text messages if you have opted-in to receiving them.
• Text Messages - In connection with certain Happy Tuna Services you may consent to receiving automated marketing text messages. You may opt-out of receiving automated marketing text messages at any time by texting any of the following replies at the end of any text message you receive: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. Please note that when you opt-out of receiving automated marketing text messages you may still receive promotional emails.

If you use the Happy Tuna App features described above, you consent to the transmission of your user information to Happy Tuna and/or its agents, and authorize Happy Tuna and/or its agents, to record, process, and store such user information as necessary for administering the Happy Tuna App features and for purposes described in this Notice.

Depending on where you live (including California, Colorado, Connecticut, Nevada, Utah, Virginia, and Washington), you may be entitled to certain rights with respect to your personal information, as described below.

• Right to Know - You may have the right to know what personal information the business has collected about you, including the categories of personal information, the categories of sources from which it is collected, the business or commercial purposes for collecting, selling, or sharing it, and the categories of third parties to whom we disclose it.
• Access and Data Portability - Subject to certain exceptions, you may have the right to request a copy of the personal information that we collected about you during the 12 months before your request.
• Deletion - You may have the right to request that we delete information that we collected from you and retained, subject to certain exceptions.
• Correct Inaccurate Information - You may have the right to request that we correct inaccuracies in the personal information we maintain about you. You may also correct information about you for Happy Tuna Rewards in the Happy Tuna App.
• Targeted Advertising - We do not sell your information for monetary or valuable consideration. You may have the right to opt-out of having your personal information shared for purposes of targeted advertising. To opt-out, click this “Do Not Share My Personal Information” link.
• Sensitive Information - Companies who collect, use, and disclose your sensitive personal information for purposes other than to provide you with goods or services are required to provide you with the right to limit the use and disclosure of your sensitive personal information by providing a “Limit the Use and Disclosure of My Sensitive Personal Information” link. Happy Tuna only collects, uses, and discloses your sensitive personal information to provide services to you, therefore Happy Tuna is not required to provide this link.
• Opt-Out Preference Signals - Some web browsers allow customers to automatically exercise their right to opt-out of sale/sharing with all businesses they interact with online by initiating an opt-out preference signal. We will honor such opt-out preference signals.
• Appeals - You may appeal our decision with respect to a request you have submitted by contacting us as described in the “Contact Us” section below.

Happy Tuna Rewards is one way in which Happy Tuna endeavors to reward and thank loyal customers for patronizing our business and purchasing Happy Tuna products. Happy Tuna Rewards members opt in by signing up for Rewards online or through the Happy Tuna App and are able to earn and accumulate "Miles" that can be redeemed for Happy Tuna Rewards benefits at participating Happy Tuna stores. If you would like to become a Happy Tuna Rewards member, please see the Happy Tuna Rewards Terms of Use available at heyfish.happytuna.com.

Happy Tuna collects and uses the categories of personal information described in the “Information We Collect” section, including information you voluntarily provide us (such as your name and email), information we collect automatically, and information from other sources to operate the Happy Tuna Rewards loyalty program, including to send you promotions, content, and special offers and the other uses described in this Notice. We work with many service providers and business partners to offer the benefits of our Happy Tuna Rewards loyalty program. Those partners may fall into the following categories: delivery partners, Happy Tuna global licensees, subsidiaries, and affiliates, and or service providers and business partners. You can learn about the business partners with whom we share your information by referring to the “How We Disclose Your Information” section. Happy Tuna does not assign monetary value for the information we collect through the Happy Tuna Rewards loyalty program when sending email communications. You may opt out of receiving promotional emails at any time by adjusting your Happy Tuna online account settings, or by clicking the “unsubscribe” link included within any promotional emails we send you. Participation in Happy Tuna Rewards is voluntary, and you may withdraw from the Happy Tuna Rewards loyalty program by visiting the Account section in the Happy Tuna App, by requesting deletion of your information in writing, or by calling Happy Tuna customer service. Please note that by withdrawing from Happy Tuna Rewards, you will no longer have access to your Happy Tuna Rewards account, but you can otherwise continue to use the Happy Tuna app. All points and rewards you have earned until the time of withdrawal will no longer be available. As previously shared, to communicate and provide services to you through the Happy Tuna Rewards loyalty program, we need to use your personal information. Therefore, if you choose to delete your personal information from the Happy Tuna Rewards loyalty program, we can no longer provide you with services through this loyalty program.

Based on our reasonable and good faith estimate, we receive value from Happy Tuna Rewards in increased customer loyalty and patronage, though any value will vary by Happy Tuna Rewards member depending on purchases made, which offers a member takes advantage of, and many other factors.

Happy Tuna participates in the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Happy Tuna complies with the U.S. Department of Commerce requirements regarding the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF, and from the United Kingdom (and Gibraltar) under the UK Extension to the EU-U.S. DPF. Happy Tuna complies with the U.S. Department of Commerce requirements regarding the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Notice and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.

Happy Tuna is responsible for the processing of personal data it receives and subsequently transfers to a third party acting as an agent on its behalf, under the Data Privacy Framework.

Happy Tuna complies with the Data Privacy Principles for all onward transfers of personal data from the EU, the U.K., and Switzerland, including the onward transfer liability provisions.

In certain situations, Happy Tuna may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

For complaints regarding DPF compliance not resolved by any of the other DPF mechanisms, you have the possibility, under certain conditions, to invoke binding arbitration. Further information can be found on the official DPF website https://www.dataprivacyframework.gov/.

We welcome your questions, comments and concerns about privacy. You can contact Happy Tuna Customer Service online at HappyTuna.com.

You may reach our Global Privacy Department and our Data Protection Officer by email at hello@happytuna.com , or by mail at: Happy Tuna, 355 W. 36th St., Hudson Yards, New York, NY 10018