Privacy Policy
Effective Date: July 1, 2026
Not Your Average Joe's, Inc. and its affiliates ("we," "us," "our," or "NYAJ") care about your privacy. Our Privacy Statement is intended to describe how we collect and use your personal information. This Privacy Statement ("Statement" or "Privacy Statement") applies to information we collect through our website located at www.notyouraveragejoes.com and our mobile application ("App") as well as any information collected in any of our restaurants or via social media (together, the "Services"). (Our websites and mobile applications are collectively referred to as the "Sites" and each, a "Site.").
This Privacy Statement applies to NYAJ-operated Sites and Services. If a separately operated location, partner, or third-party service provides its own privacy notice, please review that notice for information about how it collects and uses personal information.
By "Personal Information," we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer, device, or household.
We update this Privacy Statement from time to time and post the updated Statement on this page. If we make material changes to this Statement on the Sites, we will notify you in a reasonable manner and post the updated Privacy Statement here. Changes will be effective immediately upon posting to the Sites and will apply to your use of the Sites after the effective date listed above. This Statement is part of our Terms of Use Agreement. We encourage you to check our website frequently to review the most up-to-date versions of our Privacy Statement and Terms of Use. By accessing or using the Sites, Services, or Online Services, you accept and consent to this Privacy Statement and our Terms of Use. If you object to any changes in this Privacy Statement or our Terms of Use, you may close your account associated with the Services.
Capitalized terms used in this Privacy Statement that are not defined herein have the meaning used in the Terms of Use Agreement.
Please note that job applicants may be presented with a separate applicant privacy notice through the online portal or process used to apply for a NYAJ position.
1) TYPES AND CATEGORIES OF INFORMATION WE MAY COLLECT.
• Information we collect at our restaurants and through telephone ordering.
• Information we collect when you contact us.
• Social networking information
• Contact information for email newsletters, emails and/or mobile offers.
• Entry Information for Contests
• Information collected for online surveys or voting. Providers (such as third-party delivery providers; analytics/research providers; marketing providers (including for sweepstakes, promotions, contests); gift cards; voting, survey, and payment services providers at our restaurants, telephone and online; and other providers related to our Online Services)
• Professional advisors
• Law enforcement, public authorities, regulators, and other parties for legal reasons, required by law or protection of us, a third party or the public
• Parties to a corporate transaction
• Parties you intentionally request/authorize
• Parties related to protecting security of our facilities and Sites
• Analytics/research providers; marketing providers (including voting, survey and promotions)
• Certain marketing and strategic partners
• Advertising partners for online advertising
Personal Information that may be collected does not include:
De-identified information, meaning information from which identifiers have been removed. We will maintain and use de-identified information only in de-identified form and will not attempt to re-identify it except solely to determine whether our de-identification processes satisfy applicable requirements.
Aggregated consumer information, meaning information gathered from a group or category of consumers where the information does not identify, and cannot reasonably be linked to, an individual or household.
2. RETENTION PERIOD.
We will retain this information for as long as necessary to fulfill the purposes we collected it for, including satisfying legal, accounting, or reporting requirements. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the business purposes for which we process your Personal Information, whether we can achieve those purposes through other means, and legal requirements.
3. HOW WE COLLECT, SOURCE AND USE PERSONAL INFORMATION.
We collect and use Personal Information in a number of ways, depending on how you interact with us. These include when you interact with our Online Services (defined below), dine at one of our restaurants, contact us, interact with us on social media, enter a contest or sweepstakes, redeem a promotion, or complete one of our polls or surveys. We may combine information that we collect from you from different means online as well as offline (or through the App) into one customer database, and use that information in order to communicate with you and to determine whether and what information and offers to send to you. The following are the categories of sources we collect your Personal Information:
a. Information You Provide Us When You Use Our Online Services
In general, you can visit notyouraveragejoes.com or nyaj.com, or download any NYAJ mobile application, without telling us who you are or providing us with information. However, our Sites may offer features or services, including rewards program enrollment, online food ordering, fundraising inquiries, and gift card purchases (collectively, "Online Services"), that require you to share certain information that identifies you to us or to our contractors and service providers ("Providers").
If you order food on our Sites, you will be redirected to the Site of one of our Providers and, if you choose to pay on that site, you will be asked for information related to that transaction, including your credit card number, its expiration date and security code, and your zip code ("Credit Card Information"). If you wish to use the pay by mobile function in one of our restaurants, you will be asked to add your Credit Card Information to your account profile in the App.
Information you may provide to us and our Providers when you use our Online Services includes:
Identifiers, such as your name, address, email address, phone number, date of birth, Credit Card Information, and NYAJ account log-in information;
Personal Information, such as your name, address, telephone number, credit card, username and password for online accounts;
Characteristics of protected classifications under California or federal law, such as your age and sex;
Commercial information, such as your purchases and transaction history;
Geolocation data when you are using our App and location services are enabled by you on your device such as to help locate a restaurant and timing;
Internet or other similar network activity, such as order information, preferences and NYAJ Rewards Program information; and
Sensitive Personal Information, such as credit information, precise geolocation data when you are using our App and location services are enabled by you on your device.
b. Information We Collect at Our Restaurants and Through Telephone Ordering
In general, you can dine at one of our restaurants without providing us with Personal Information. If you pay using your payment card, your payment card information, which may include your name, will be processed by our Provider. We typically do not receive your payment card number, but instead receive from our Provider a token associating your payment with a particular transaction and sometimes your name. When you order by telephone, we may request your name and address. In addition to payments, at some of our restaurants, you may participate in surveys or provide other feedback at the restaurant. In some cases, you may be asked to provide your email address (or other contact information) as well as your feedback or survey responses. Survey response information typically is provided directly to our Provider, and NYAJ will receive only aggregate information.
Information you may provide to us and our Providers at our restaurants includes:
Identifiers, such as your name, address, email address, phone number, and Credit Card Information;
Personal Information, such as your name, address, telephone number, credit card, username and password for online accounts
Characteristics of protected classifications under California or federal law, such as your age and sex;
Commercial information about your orders and dining experience;
Geolocation data (including when you check-in with our App) when you are using our App and location services are enabled by you on your device, or when you are using our Wi-Fi;
Inferences drawn from personal information and your feedback and responses to our surveys, which may include your opinions, preferences, food choices, and other information you provide us; and
Sensitive Personal Information, such as credit information, precise geolocation data when you are using our App and location services are enabled by you on your device.
c. Information We Collect When You Contact Us
When you contact us, we may collect your name, email address and phone number. In addition, we may collect information about your dining experience, orders, and other information you provide us. Information you may provide to us and our Providers when you contact us includes:
Identifiers, such as your name, email address, and phone number; and
Commercial information about your orders and dining experience;
Other information you provide to us; and Inferences drawn from other personal information from your orders and points earned.
If you apply for a job with us, you may provide, or we may receive, additional information and documents, such as a resume or application, including work history, education, skills, professional licenses, work authorization status, cover letter, references, sensitive personal information voluntarily provided by you, and information made available publicly or from your references. This information is used to process your application and evaluate your candidacy.
d. Social Networking Information
You may be able to post information about yourself or your experiences with us through third-party social media websites, such as Facebook, X, Instagram, or LinkedIn, including by liking or following us or entering a contest or sweepstakes. Please remember that information you post may become publicly available, and the information we receive depends on the privacy settings you have set. Please use discretion. We may ask you to share information about you stored on social networks and other third-party services in order to personalize your experience on the Sites. This information may include:
Identifiers, such as your username or ID and email address;
Geolocation data when you are using our App and location services are enabled by you on your device;
Sensory data if you provide any photographs or videos;
Inferences drawn from other personal information about your profile reflecting your location preferences and menu items ordered, including interests, activities, and relationships to other users of the Sites or of social media; and
Sensitive Personal Information, such as precise geolocation when you are using our App and location services are enabled by you on your device.
e. Contact Information for Email Newsletters, Emails and/or Mobile Offers
From time to time, we send newsletters, emails, push notifications, and/or other communications to share information or special offers about the Sites, the Online Services, contests and sweepstakes, special events, or our restaurants. If you have registered with any of our Sites, you are likely to receive such communications. Personal Information we collect for these purposes may include:
Identifiers, such as your name, date of birth, email address, and phone number.
If you provide us with your mobile number and consent to receiving marketing materials via text message, you may receive text marketing notifications as well. Remember, if you elect to receive texts from us, your wireless carrier may impose a charge on inbound and outbound text messages. Please check with your wireless carrier for details. You may opt out of receiving text messages by following the instructions in the text message.
You may opt out of receiving promotional email communications from us by modifying your email preferences in your account profile or by following the instructions or links contained in the communications when we send them to you. You may opt out of receiving push notifications on your mobile device by adjusting your notifications settings. Please note that if you opt out of receiving promotional communications, you may still receive transactional communications from us, including emails about your account or your purchases.
Remember, opting out of one form of communication does not mean you have opted-out of other forms as well. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you have opted in to receiving them. Please further note that if you are receiving communications from our franchisee, then you will need to opt out from them directly.
f. Entry Information for Contests or Sweepstakes
From time to time, we may operate contests, sweepstakes or other promotions through our Site, our social media outlets, or in our restaurants, which may require registration on a Site or in our NYAJ Rewards Program in order to enter. The Personal Information that may be collected by us and/or our Providers in an entry or similar form includes:
Identifiers, such as your first name, last name, zip code, phone number, and email address;
Sensory data if you provide any photographs or videos; and
Characteristics of protected classifications under California or federal law, such as your age and sex.
Your entry in the contest or sweepstakes may also result in your being added to our mailing/texting lists, as described in the terms of the contest, sweepstakes, and/or promotions. Winners of contests, sweepstakes, and/or promotions will often be required to provide additional Personal Information in order to authenticate themselves and collect a prize. Entry into a contest or sweepstakes or acceptance of a prize may also require you (unless prohibited by law) to allow us to post publicly some of your information on the Site or our promotional materials, such as on a winner's page, in the event you win a contest or sweepstakes. We may use your Personal Information to contact you for winner notification, prize delivery confirmation, or other promotional purposes.
If the privacy statement varies for a particular sweepstakes, promotion, or feature, that information will be disclosed in the sweepstakes or promotion rules or feature's terms of use. We urge you to review the Official Rules and privacy statement (if different) of the particular contest or sweepstakes before participating. In the event that the Official Rules of a contest or sweepstakes conflict with or provide us with broader disclosure rights than set forth in this Privacy Statement, the Official Rules will govern the Personal Information disclosed in connection with that contest or sweepstakes.
g. Information Collected for Online Surveys or Voting
From time to time, we may request Personal Information from you via online surveys or voting polls. Most surveys will be anonymous and will not request your Personal Information. However, at times, you may have to register to vote or to take part in a survey. All survey participation is, of course, voluntary, and you will be able to decide what information to provide. Personal Information we and/or our Providers collect may include:
Identifiers, such as your name and email address;
Sensory data if you provide any photographs or videos;
Inferences drawn from other personal information contained in your responses to our surveys or polls, which may include your opinions, preferences, food choices, and other information you provide us.
h. Information Collected through Automated Means
When you use the Online Services, we collect certain internet or other electronic network activity information automatically as described in this section. As discussed further below, we and our Providers may use a variety of technologies to assist in collecting this information.
Activity and Usage Information: We may collect information on your use of the Services, such as pages visited, links clicked, and non-sensitive text entered, as well as information such as the referring URL, browser, operating system, device type, and Internet Protocol ("IP") address. An IP address is a number that is automatically assigned to your computer whenever you access the internet. Our computers identify your computer by its IP address. When you request web pages from a Site, our computers automatically log your IP address. NYAJ uses IP address to determine the best store suggestions based on your location.
Location Information: If you are using our App and have location services enabled on your device, we may collect geo-location information about the location of your device, including GPS location, for purposes of improving our Services, providing you with information regarding restaurants near you, providing you with offers, enabling you to remote order and pay for our products, or delivering products or having products delivered by a Provider. Depending on the settings on your device, we may receive location information even if you are not directly interacting with the App. If you do not wish to share this information with us, you can adjust your locations settings or turn them off for our App. Our App links to our Provider, which may share location information with us. Information we receive from Providers is used for the same purposes we describe herein.
4. BUSINESS OR COMMERCIAL PURPOSES FOR COLLECTING AND USING INFORMATION.
We collect and use Personal Information for the business purpose of providing our Services to you, fulfilling contracts, complying with laws and for our other legitimate business interests. Our business purposes for collecting and using this information, which are noted on the chart in the section entitled "TYPES AND CATEGORIES OF INFORMATION WE MAY COLLECT", include:
a) To provide you with our Services, including creating, personalizing and verifying any account you have created, responding to your comments and communications, delivery services;
b) To improve the Sites, the Services, and your experience with the Sites and Services (such as when you contact us, provide reviews, social media comments, and surveys);
c) Complying with legal or regulatory obligations or in response to law enforcement requests;
d) For our everyday business purposes – such as to process your transactions relating to the Services we provide you (including when you use a coupon, promotion, loyalty rewards from the NYAJ Rewards Program, or gift card), communicate with you (including related to your account activities, order status, gift card or loyalty rewards use from the NYAJ Rewards Program, contest or sweepstakes and promotions updates) via email or text message, manage records, respond to court orders and legal investigations, and administer and provide services to you;
e) As necessary or appropriate to protect the rights, property or safety of us, our clients or others;
f) To help maintain the safety, security, and integrity of our restaurants (for example, by use of security surveillance footage), website, products and services, databases and other technology assets, and business;
g) For our marketing purposes – to offer our Services to you, to improve and customize our Services for you and to understand how our Services are used. We may use your Personal Information to locate you via social media for marketing purposes.
h) To send you information about third-party products and services that we think you may find of interest;
i) To facilitate any application you may send to us or send job alerts (please note that our collection and processing of your resume or related information is not an employment offer or contract between us and will not create any relationship between you and us);
j) Pursuing legitimate interests, such as for our research and development, statistical analysis, processing for historical scientific or statistical purposes, and performing activities carried out in the public interest efforts. We may use data, including public feedback, to conduct research and for the development of the Sites and the services and products we provide to you;
k) To confirm your identity and enforce agreements with you;
l) To provide, support, personalize, and develop our Services for you and our customers;
m) To operate and maintain the Sites; and
n) As otherwise described to you when collecting your Personal Information.
5) DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES.
We may disclose your Personal Information to the following categories of affiliated and non-affiliated third parties for commercial or business purposes specified above: (i) our representatives and third parties you intentionally request or authorize (such as a third party delivery platform); (ii) third parties that receive the information to help complete a transaction for you; (iii) third parties whom we conclude that we are required by law or have a good faith belief that access, preservation, or disclosure of such information is reasonably necessary to protect the rights, property, or safety of our company, its customers, or the public; (iv) third parties in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or capital, including in connection with any bankruptcy or similar proceedings; (v) law enforcement and other third parties to investigate, prevent, or take action regarding suspected or actual illegal activities or to assist law enforcement agencies; (vi) third parties that will protect the security or integrity of our facilities and Site; and (vii) legal advisors and other professional advisors to investigate and defend us against any third-party allegations or claims. We may also disclose your Personal Information when we contract with other companies and individuals (i.e., contractors and third party service providers) for the business purpose of performing certain functions and services, including processing, storing, tracking, and organizing information on our behalf. These contractors and service providers may have access to Personal Information to perform their functions, but are prohibited from using Personal Information for any purpose other than providing services to us. We may also disclose your information to our Providers for the purposes described in this Privacy Statement (e.g., analyzing data, providing marketing assistance, providing customer service, processing orders, etc.), and such Providers will be required to keep such Personal Information confidential.
Except as otherwise stated in this section, we do not share your Personal Information with any third parties except our Providers in connection with their provision of services to us or you. The categories of Personal Information we have disclosed to our Providers in the past 12 months, and may disclose to our providers are those described above under "How We Collect and Use Personal Information."
Please note that we do not use or share any sensitive personal information other than those set forth in section 7027 under the CPRA.
In the event the Sites or any Services require or permit you to interface with a Provider, you may be subject to that Provider's separate terms of use and privacy policy. To the extent you accept a Provider's terms of use or privacy policy, we are not responsible for that Provider's use of your information. All purchases made through a third-party processor and information you submit to that third-party processor in connection with such purchases will be governed by that third-party processor's user agreement and privacy policy, which are available via the link at the bottom of the online ordering page and at notyouraveragejoes.com. All purchases of gift cards made from our Sites are made through a third-party gift card provider and are subject to that provider's terms and conditions and privacy policy, which are available on the gift card checkout page.
If you place a food order for delivery, we may use your Personal Information, including location information or provide such information to one of our delivery Providers to complete the delivery order.
We do not sell and have not sold in the past 12 months any Personal Information to third parties. Within the past 12 months, we may have, or may share, consumer's Personal Information (including categories of Identifiers, commercial information, internet or other network activity, geolocation data, and inferences drawn from other personal information) with certain third parties in ways that might be considered a "sale" of personal information and/or "sharing" of Personal Information for cross-context behavioral advertising (targeted advertisements based on your personal data) under some U.S. states. The purpose of this, is to deliver interest-based ads to you based on the information we have shared to these third parties so that they can use this information to serve ads that are more relevant to you, for analytics and for effectiveness of advertising campaigns.
6. COOKIES AND RELATED TECHNOLOGIES.
We and our Providers may use cookies and other tracking technologies ("Tracking Technologies") on our Sites to collect and store certain information about usage in order to personalize our Sites for you, improve our Sites, improve our Services, advertising, provide you with offers, and to help us remember you and your preferences when you revisit our Sites.
A cookie is a text file that our Sites transfers to your computer's hard drive for record-keeping purposes and to enhance the quality of your visit to our Sites. The cookie assigns a random, unique number to your computer. Our cookie may record "clickstream" information (data reporting the URLs or names of the pages on our Site that you have visited) and other useful information about your interaction with our Site.
Cookies on our Sites are generally divided into the following categories:
Essential Cookies: These cookies are strictly necessary to provide you with services available through our Services and to use some of their features, such as access to secure areas. Because these cookies are strictly necessary to deliver the Services, you cannot refuse them without impacting how our Services function.
Performance and Functionality Cookies: These cookies are used to enhance the performance and functionality of our Services but are non-essential to their use. However, without these cookies, certain functionality may become unavailable.
Analytics and Customization Cookies: These cookies collect information that is used to help us understand how our Services are being used or how effective our marketing campaigns are, or to help us customize our Services for you in order to enhance your experience.
Targeting Cookies: These record your visit to our Sites, the pages you have visited and the links you have followed to recognize you as a previous visitor and to track your activity on the Sites and other websites you visit. These cookies qualify as persistent cookies, because they remain on your device for us to use during a next visit to our Sites. You can delete these cookies via your browser settings. See below for further details on how you can control third-party targeting cookies.
We also allow third parties to use cookies on our Sites to collect information about your online activities over time and across different websites you visit. This information is used to provide advertising tailored to your interests on websites you visit, also known as interest based advertising, and to analyze the effectiveness of such advertising.
If you wish to control cookies, you can review your Internet browser settings, typically under the sections "Help" or "Internet Options," to exercise choices you have for certain cookies. If you disable or delete certain cookies in your settings, you may not be able to use features of the Sites.
We support the Self-Regulatory Principles for Online Behavioral Advertising of the Digital Advertising Alliance ("DAA"). To learn more about certain third-party cookies used for interest-based advertising (and targeted advertising as described in this Site), including through cross-device tracking, and to exercise certain choices regarding such cookies and targeted advertising, please visit the Digital Advertising Alliance, Network Advertising Initiative, Digital Advertising Alliance-Canada, European Interactive Digital Advertising Alliance or your device settings if you have the DAA or other mobile app. If you choose to opt out, you will continue to receive advertisements but they will not be tailored to your interests.
We use a tool called "Google Analytics" to collect information about your use of the Sites, such as how often you visit the Sites, what pages you visit when you do so, and what sites you used before coming to the Sites. Google Analytics may use cookies and similar technologies to collect and store such information. When analyzed, this data helps us understand how visitors arrive at the Site, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of content and advertising, and the like. We do not combine the information collected through Google Analytics with any other information to personally identify you. We may permit our Providers to access this data for our purposes and our benefit as described above. You can prevent Google Analytics from recognizing your device on return visits by disabling cookies on your browser. For more information on how Google Analytics collects and uses data please see "How Google uses data when you use our partners' sites or apps" (located at www.google.com/policies/privacy/partners/) or any other URL Google may provide from time to time.
The opt-outs described above are device- and browser-specific and may not work on all devices. If you choose to opt-out through any of these opt-out tools, this does not mean you will cease to see advertising. Rather, the ads you see will just not be based on your interests.
7. CHOICE AND ACCESS.
If you do not wish to receive offers or other notices from us in the future, you may opt out by contacting us as indicated at the end of this Privacy Statement or by following the instructions provided in the relevant communication.
8. NOTICE CONCERNING DO NOT TRACK.
Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, you can do so here: www.allaboutdnt.org.
9. SECURITY.
We take the security of your information seriously. We use technical and administrative security measures designed to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to data centers, and information access authorization controls.
While we have implemented security measures, please keep in mind that "perfect security" does not exist on the internet or elsewhere and no transmission of information is guaranteed to be completely secure. We cannot guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our administrative, physical, or technical safeguards.
To the maximum extent allowed by applicable law, you agree and acknowledge that NYAJ will not be liable or responsible if any information about you is intercepted, accessed, and/or used by an unintended recipient. If you have reason to believe that the security of your communications or Personal Information has been compromised, please notify us immediately using the contact information below.
10. PROTECTING CHILDREN'S PRIVACY.
We do not knowingly collect Personal Information from anyone under 13 years of age (a "Minor") except as permitted by law. As stated in our Terms of Use, persons using our Site must be 13 years of age or older. We are committed to protecting Minors' privacy online and meeting the requirements of the federal Children's Online Privacy Protection Act.
We do not publish names, ages, or images of anyone under 13 without first receiving parental or guardian consent.
If you have knowledge that a child under the age of 13 has submitted Personal Information to us, or if parents or guardians want to review, change, or delete their child's registration information, please contact us by email, through the link on the registration page, or as indicated at the end of this Privacy Statement. Parents may also call us at 774-213-2900. Parents will be required to provide verification in order to access or change information.
If we become aware that a Minor who is not registered on our Sites contacts NYAJ by email, we will respond on a one-time basis, state that use of our Sites by minors violates our Terms of Use, and delete the email address. We will not use that email address to contact the Minor thereafter.
11. INTERNATIONAL USERS.
The Sites are operated from the United States and are intended for use by United States residents.
Your Personal Information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. If you are located outside United States and still choose to provide information to us (including by use of the Sites and/or Services), please note that by doing so you:
i) Acknowledge that that the Sites and Services are subject to the laws of the United States,
ii) Consent to the collection, processing, maintenance, and transfer of such Personal Information in and to the United States and other applicable territories where privacy laws may not be as comprehensive as, or equivalent to, the laws in the country where you reside or of which you are a citizen; and
iii) Waive any claims that may arise under those laws.
NYAJ will take all reasonable steps necessary to ensure that your Personal Information is treated securely and in accordance with this Privacy Statement, and no transfer of your Personal Information will take place to an organization or country unless adequate controls are in place, including controls designed to protect the security of your Personal Information.
12. YOUR RIGHTS.
a. NYAJ does not sell Personal Information, including those we know to be less than 16 years of age. NYAJ does not share the Personal Information of consumers we know to be less than 16 years of age, unless we receive the affirmative authorization (the "Right to Opt-In") from either the minor who is between 13 and 16 years of age, or the parent or guardian of a minor less than 13 years of age.
b. If you decide to opt-out of sharing of Personal Information, you will be opted out of some of the sharing of data to these third parties for purposes of advertising that was based on your browsing and purchasing habits. Please note this will not affect activities within the Site, or any other activity, to your online applications, requests for information, or the processing of your Personal Information solely for measuring or reporting advertising performances.
NYAJ will not discriminate against you for exercising any of these rights, for example, by charging a different price or denying goods or services. However, NYAJ may charge a different price or rate or provide a different level or quality of goods or services when that difference is reasonably related to the value provided to us by the data.
Your participation in these programs is optional. If you choose to participate, you may withdraw at any time by contacting us at privacy@notyouraveragejoes.com.
The financial incentives offered by NYAJ from time to time in exchange for Personal Information are commonly percentage/promotional discount offers to be applied to a single purchase (typically in exchange for an email address, contest or sweepstakes entry, or enrollment in a rewards program). The discounts may result in a range of savings or advantages to the consumer, depending on the details.
Incentives, including percentage/promotional discounts or chances to win, are not directly tied to, or exclusively based upon, a set value of any individual element of consumer data, but are reasonably based in good faith on the following considerations:
Some consumers first experience our brand online and offering an incentive provides a unique opportunity for them to explore our Services.
Some of NYAJ's marketing and advertising activities occur online and by phone, and email and text communications are important ways to reach existing and potential consumers while allowing them to choose how, and whether, to be contacted.
Discounts may also be affected by factors such as performance targets, geographic location, seasonality and market trends.
NOTICE TO COLORADO, CONNECTICUT, UTAH, AND VIRGINIA RESIDENTS:
You may have certain rights relating to your Personal Information. These rights vary by state and country, but, under the Colorado Privacy Act, Connecticut Data Privacy Act, Utah Consumer Privacy Act, and Virginia Consumer Data Protection Act, they may include the right to:
Right of Access: You have the right to confirm whether we process your Personal Information and request access to such Personal Information, including providing you with the Personal Information in a portable format (Right to Data Portability);
Request Deletion of Personal Information, i.e., a request to delete the Personal Information we have collected about you (please note that if you have requested a service that requires the use of your Personal Information, we may not be able to provide that service if you choose to delete your Personal Information);
Opt-out of the sale of Personal Information if NYAJ were to sell Personal Information, or the sharing of Personal Information for cross-context behavior advertising purposes (targeted advertising based on your Personal Information) to third parties i.e., a "Do Not Sell or Share My Personal Information" sometimes called the "Request to Opt Out" (NYAJ does not sell your information, so you are already opted-out of such sales);
Request to Correct: Residents of Colorado, Connecticut and Virginia also have a right to correct inaccurate Personal Information we have collected about you.
How to Exercise Your Rights as a Colorado, Connecticut, Utah, or Virginia Resident
If you wish to exercise any of these rights, please email privacy@notyouraveragejoes.com with the phrase "Colorado Data Subject Rights" in the subject line if you are a Colorado resident, "Connecticut Data Subject Rights" if you are a Connecticut resident, "Utah Data Subject Rights" if you are a Utah resident, or "Virginia Data Subject Rights" if you are a Virginia resident. You may also call us toll-free at 774-213-2900 or complete the web form made available through our Site. We will review your request and respond accordingly. The rights described herein are not absolute, and we reserve all rights available to us at law. Additionally, if we retain your Personal Information only in de-identified form, we will not attempt to re-identify your data in response to a Data Subject Rights request. If your request is denied, applicable law may give you the right to appeal to us by emailing privacy@notyouraveragejoes.com and noting the appeal. If additional information is needed for your appeal, we may request that you provide it.
If you make a request related to Personal Information about you, we will need to verify your identity. To do so, we may request that you match specific pieces of information you provided to us previously and, in some instances, provide a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. If it is necessary to collect additional information from you, NYAJ will use that information only for verification purposes and will delete it as soon as practicable after complying with the request. For requests related to particularly sensitive information, we may require additional proof of identification.
How to Authorize an Agent. If you make a User Rights request through an authorized agent, we will require written proof that the agent is authorized to act on your behalf and you have taken steps to verify your identity directly with us.
How We Verify Your Request. To respond to your request, we must verify your identity and/or the authority of your authorized agent to make the request. We will only use the Personal Information provided in a verifiable consumer request to verify your identity or the authority of your authorized agent to make the request. Making a verifiable consumer request does not require you to create an account with us.
To allow us to verify your request, we may require that you provide at least two pieces of Personal Information already in our possession. We will verify your consumer request by comparing the information you provide to information already in our possession and taking additional steps to minimize the risk of fraud. We will process your request within the time provided by applicable law.
13. LINKS
We may provide links to websites or resources outside our Sites. You acknowledge and agree that we are not responsible for the availability of third-party sites, resources, or integrations and do not endorse, and are not responsible or liable for, any content, advertising, goods, services, or other materials on, available through, or provided by such sites, resources, or integrations. We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of Personal Information that you provide to, or that is collected by, such sites. We encourage you to review the privacy policies and terms and conditions on those linked sites.
14. CONTACT US.
The Sites are owned and operated by Not Your Average Joe's, Inc. If you have any questions or suggestions with respect to this Privacy Statement, or if you wish to ask us to delete, correct, or provide access to your information as provided above, please contact us through the Contact Us page at notyouraveragejoes.com/contact or by email at privacy@notyouraveragejoes.com.
Privacy Policy Last Updated: July 1, 2026
Accessibility
NYAJ is dedicated to making its restaurants, websites, and other media and communications accessible. To that end, NYAJ's websites are designed and maintained to be accessible and usable to individuals with disabilities. NYAJ continually reviews and modifies its websites to improve accessibility for people who use assistive technology or who have special needs.
If you encounter any access barriers in our restaurants or on our websites, please contact us through the Contact Us page at notyouraveragejoes.com/contact.