Terms & Conditions
Buca di Beppo Terms and Conditions of Use
This Buca di Beppo website (“Website”) is owned, operated, licensed or controlled by BUCA, Inc. (“Buca”) and is for your personal use. Please read these Website Terms and Conditions of Use (“Terms”) carefully before using the Website. The use of “You” or “Your” refers to any user of the products or services offered on the Website which is subject to these Terms. Buca reserves the right to update these Terms at any time without notice to you. However, the most current version of these Terms may be accessed by clicking on the “Terms and Conditions of Use” link located at the bottom of the Website. When you use the Website, you accept, WITHOUT LIMITATION OR QUALIFICATION, these Terms, including any changes that are made from time to time. If you do not accept or agree with these Terms, then do not use the Website or download any materials or content from it. By accessing, using, browsing or downloading in any way, without limitation or qualification, any material on the Website, you agree to and are bound by these Terms.
Capacity to Accept these Terms
You represent that you are either 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. Regardless, you affirm that you are 13 years of age or older, as the Buca Website is not intended for use by children under 13. If you are under 13 years of age, then please do not use the Buca Website. If you are under 13 years of age and need to access the Buca Website, request parental or guardian assistance.
Restrictions on Use
Buca hereby grants you permission to use the Website as set forth in these Terms, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Buca’s prior written authorization; and (iii) you will otherwise comply with the terms and conditions of these Terms. In order to access some features of the Website, you may 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. You must notify Buca immediately of any breach of security or unauthorized use of your account. Unless you have first obtained prior written approval, you may not do any of the following:
- Use any robot, RATs, keyboard loggers, time bombs, spyware, adware, spider or any other automatic devices not provided by us to extract any data or content from the Website;
- Interfere disrupt, or attempt to gain unauthorized access to other accounts on the Website or any other computer network;
- Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary content, including page layout or form; use of any meta tags or any other “hidden text” utilizing the Buca name or trademarks.
- Post or submit any unlawful, libelous, obscene, defamatory, scandalous, threatening, inflammatory, profane or pornographic material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any applicable laws or regulations;
- Create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; or
- Engage in any other activity deemed by Buca to be in conflict with the spirit or intent of the Website.
- Your name, address, telephone number, and e-mail address. Identification of the copyrighted work that you believe to be infringed. Please describe the work and include a copy of the location (URL) of the unauthorized version of your work.
- A statement that you have a good faith belief that the Website content is not authorized by the copyright owner, its agent, or the law.
- A signature or the A signature or the electronic equivalent from the copyright holder or authorized representative.
Intellectual Property Rights
The use of Buca trademarks, service marks and logos is prohibited without Buca’s express prior written consent and Buca will strictly exercise and enforce its rights to the fullest extent of the law. You may not use, copy, republish, upload, modify, reproduce, distribute or use Buca’s Website content in any way without the prior written consent of Buca, except as provided in these Terms. You may download one copy of the material on the Website for your personal, non-commercial home use only, provided you do not delete, modify or change any copyright, trademark or other proprietary notices. All of the Website content is copyrighted including, but not limited to, all text, design, graphics, images, sound files, video, interfaces, code, layout, and the selection and arrangement thereof appearing or included from time to time on the Website except where explicitly noted otherwise. You agree not to circumvent, disable or otherwise interfere with security related features of the Website, or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content herein. If you modify or use materials for any other purpose, you will be violating the intellectual property rights of Buca, which it vigorously protects. The material in the Website is provided for lawful purposes only.
If you believe any content on the Website infringes your copyright, you may request removal of such content from the Website by contacting Buca’s legal department by mail using the address below or email at email@example.com. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. §512 (c)(2), please provide the following information:
Attn: General Counsel
4700 Millenia Blvd, Suite #400
Orlando, Florida 32839
The Website content may now or in the future permit the submission of suggestions, ideas, graphics, concepts, photos, videos or other communications or information, or know-how contained in any communications or information submitted by you and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You agree that, upon submitting, posting or otherwise transmitting to Buca, any such User Submissions will become and forever be the property of Buca and you further understand that whether or not such User Submissions are published, Buca does not guarantee any confidentiality with respect to any User Submissions. You agree that Buca may publish your name and/or User Submission on the Buca Website, in email campaigns, on social media pages, in print material, press releases or any other mediums, and Buca may freely use any User Submissions for any purpose whatsoever, be it commercial or non-commercial, without any acknowledgement, notification or payment of any compensation to you. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Buca to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by Buca. Buca may use such submissions in any manner in the sole discretion of Buca. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Buca, you hereby grant Buca a perpetual worldwide, non-exclusive, royalty-free, sub licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and other Buca or successor business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive, royalty-free license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the Website and under these Terms. In connection with User Submissions, you further agree that you will not: (i) submit copyrighted material, material protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Buca all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Buca or any third party; (iii) submit material that is unlawful, libelous, obscene, defamatory, scandalous, threatening, pornographic, harassing, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any regulation or law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business(es); or (v) impersonate another person. Buca will fully cooperate with any law enforcement authorities, agencies or court order requesting or mandating disclosure of the identity of any person posting any such information or materials. Buca does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Buca expressly disclaims any and all liability in connection with User Submissions. Buca reserves the right to remove Website content and User Submissions without prior notice. Buca also reserves the right to decide whether Website content or a User Submission is appropriate and complies with these Terms. Buca may remove such User Submissions and/or terminate Website access for uploading material in violation of these Terms at any time, without prior notice and at its sole discretion.
The Website and the Website content are provided on a “as is” basis. To the fullest extent permitted by law, Buca, its parent, subsidiaries, and affiliates (“Buca Entities”), and each of their agents, representatives and service providers,disclaim all warranties, either expressed or implied, statutory or otherwise, including but not limited to the implied warranty of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The Buca Entities, their agents, representatives and service providers cannot and do not guarantee or warrant that: (a) the Website will be reliable, accurate, complete, or updated on a timely basis; (b) any files available for downloading from the Website will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; (c) the Website will be free from human and machine errors, failure of performance, omissions, delays, interruptions and losses, including loss of data; or (d) functions or services performed on the Website will be uninterrupted or error-free.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BUCA DOES NOT GUARANTEE THE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF BUCA. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE THAT THE BUCA ENTITIES SHALL NOT BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY DAMAGES, DAMAGES FOR LOSS PROFITS, LOSS OF PRIVACY OR SECURITY OR FAILURE TO MEET ANY DUTY (INCLUDING BUT NOT LIMITED TO ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE, OR WORMANLIKE EFFORT OR CONDUCT) ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, EVEN IF THERE IS NEGLIGENCE ON THE PART OF BUCA, OR AN AUTHORIZED BUCA REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH, AND EVEN IN THE EVENT OF FAULT, TORT OR STRICT OR PRODUCT LIABILITY OR MISREPRESENTATION. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF, AND RELIANCE ON, THE BUCA GOODS AND SERVICES, FROM INABILITY TO USE THE BUCA GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE BUCA SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
You agree to defend, indemnify and hold harmless, Buca, its parent company, affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your violation of any of these Terms, (iii) your violation of any third party right, including without limitation any copyright, property, or privacy act; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Website. You also agree to indemnify, defend and hold harmless Buca and its third party providers, from and against any and all losses, damage, liability and costs of every nature incurred by any claim, damage or loss related to or arising out of your use of the Website or related Websites, any alleged unauthorized use of the Website, or any breach or alleged breach by you of these Terms.
Buca reserves the right to refuse service or decline orders for any reason. Accordingly, Buca may request written verification and proof of a user’s identity by supplying Buca with a copy of government issued photo identification at Buca’s sole discretion.
Buca has the right to terminate your access to the Website content for any reason whatsoever, if Buca, in its sole discretion, considers your use to be unacceptable or in violation of these Terms. Buca may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Website. No failure or delay on the part of Buca in exercising any right or remedy hereunder or enforcing the terms and conditions of these Terms will operate as a waiver thereof. If any part or provision of these Terms is found to be invalid, unenforceable or void, then the remaining portion shall remain in full force and effect.
Buca may elect to resolve any controversy or claim arising out of or relating to these Terms or the Website by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. In accordance with the Federal Arbitration Act or the state law modifying or supplementing the Federal Arbitration Act any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Orange County, Florida and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
Governing Law and Exclusive Jurisdiction
This Website is controlled by Buca from its offices within the United States of America. Buca products and services are available in many parts of the world, but services are not available worldwide. Claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Website shall be governed by the laws of the State of Florida, U.S.A without regard to its conflict of law provisions. You hereby consent to jurisdiction in a state or federal court in Orange County, Florida and waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by Florida or federal law.
Automatic Collection of Information
Certain information about Website visits is automatically recorded by the standard operation of the internet servers on which the Website is hosted. The information Buca automatically collects may include IP addresses, type of browser being used by you, the number and frequency of visits to the Website, the date and time you access the Website, the length of your stay and the specific pages and links you access while visiting the Website, and demographic information concerning the country of origin of your computer and the language(s) used by it.
Information You Voluntarily Submit
Buca may collect personal information (which may include first and last name, gender, birth date, physical addresses, e-mail address, home or mobile number, frequency of visits to Buca restaurants and any other information you voluntarily provide) ) when you voluntarily submit this information to Buca or voluntarily register as a user of the Website. For example, you may choose to provide us with your personal information in order to participate in sweepstakes or contests or participate in a promotion, place online orders, purchase gift certificates, gift cards, or other merchandise, provide content submissions, join our customer loyalty program (if applicable), register for our Buca eClub, contact Buca, make suggestions, or participate in online interactive activities, surveys or marketing research.
If you’ve signed up for mobile text messaging from Buca di Beppo, you consent to receiving recurring text message alerts regarding exclusive offers and promotions. You understand that you do not have to sign up for this program in order to make any purchase, and your consent is not a condition of any purchase. Standard message and data rates may apply. You can opt out of receiving text messages from Buca di Beppo at any time. To stop receiving our text messages, text STOP to 58942, or follow the opt out instructions included in the text messages you receive. You can also opt out by emailing firstname.lastname@example.org. Include STOP in the subject line and your cell phone number in the body of your email. Text HELP to 58942 for more info, or contact us at email@example.com.
Use of Personal Information
Personal Information about Children
Buca’s Website is not intended for use by children under 13 years of age. Accordingly, Buca does not knowingly collect age identifying information or personal information from children under 13 years of age at the Website. Buca hereby advises all visitors to the Website under 13 years of age not to disclose or provide any personally identifiable information on the Website. In the event Buca discovers that a child under the age of 13 has provided personally identifiable information on the Buca Website, Buca will not use this information and will delete the child’s personally identifiable information from the Buca files to the extent technologically possible to maintain compliance with the Children’s Online Privacy Protection Act (“COPPA”). If you have knowledge that a child has provided Buca personal information please contact Buca at firstname.lastname@example.org.
Buca strives to maintain precautions, internal controls and procedures to ensure that the personal information you share with Buca is handled in a safe, secure and responsible manner. Buca employs security measures and safeguards to help protect the confidentiality and integrity of personal information and to reduce the risk of loss, unauthorized access, misuse, disclosure or alteration of the personal information in Buca’s control. Remember that any information or data transmitted electronically using the internet may not be absolutely secure. Buca assumes no liability for the loss of any information that you transmit to us using the internet.
Because your credit card security is a high priority, Buca and Buca’s third party processing merchants take numerous steps to ensure your payment information is processed confidentially. Website use is secured during transmission using industry standard e-commerce security technology such as Transport Layer Security (TLS) and its predecessor, Secure Sockets Layer (SSL), encryption technology. Buca uses TLS and SSL technology to prevent such information from being intercepted and read as it is transmitted over the Internet.
Buca understands if you do not feel comfortable sending your credit card information to us over the Internet; therefore, Buca will accept your valid payment when you visit a Buca restaurant location or contact a Buca restaurant location via telephone. If you wish to purchase a gift card please visit the nearest Buca restaurant and indicate that you wish to purchase a gift card.
Linking To Third Party Websites
United States Only
Our Website is intended for use by residents of the United States of America only. If you are located outside of the United States and you are visiting the Website, or if you otherwise contact Buca, please be advised that any information you provide to us will be transferred to the United States and that by submitting information you explicitly authorize this transfer and the processing of this information within the United States.
Your California Privacy Rights
Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (1) a list of the categories of personal information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. To request the above information, please e-mail us at: email@example.com, or write to us at: BUCA, Inc., ATTN: Privacy Enforcement, 4700 Millenia Blvd, Suite #400, Orlando, Florida 32839, with a specific reference to California Disclosure Information. We will respond to such written requests within 30 days following receipt at the e-mail or mailing address stated above. If we receive your request at a different e-mail or mailing address, we will respond within a reasonable period of time. Please note that we are only required to respond to each customer once per calendar year.
Access to and Managing Your Personal Information
Email: By providing your email address to Buca during your eClub sign up, you are opting-in to receive marketing emails from Buca di Beppo® and other restaurant concepts under the brand of Earl Enterprises® which include Planet Hollywood®, Cafe Hollywood and Earl of Sandwich®. You can opt out of receiving our marketing eClub emails at any time. You may opt out of this list at any time. To stop receiving our marketing emails, email us at firstname.lastname@example.org or follow the unsubscribe instructions included at the end of any marketing email you receive from us. Please note, however, that opting out of these emails will not stop operational or transactional emails, such as order confirmation or customer service email responses. If you notify us by email or letter request, be sure to include your full name, address, phone number and email address and indicate the specific nature of your request. If you want to “opt in” or “opt out” from receiving email marketing communications, specify the type of email marketing communication you wish to receive or stop receiving. Buca will take appropriate steps to implement your request. It may take up to ten (10) business days until the change(s) take effect. You may still receive or not receive marketing communications from Buca.
Text Messaging: You can opt out of receiving text messages from Buca di Beppo at any time. To stop receiving our text messages, text STOP to 23776, or follow the opt out instructions included in the text messages you receive . You can also opt out by emailing email@example.com. Include STOP in the subject line and your cell phone number in the body of your email.
Buca, Inc. Attn: Privacy Enforcement 4700 Millenia Blvd Suite #400 Orlando, Florida 32839
Privacy Statement – California
This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Statement of BUCA, INC. and its subsidiaries (collectively, “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, we have collected the following categories of personal information from consumers within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||YES|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||NO|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Job applicant data.||YES|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
Personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA’s scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
We obtain the categories of personal information listed above from the following categories of sources:
- Directly from you or your agents. For example, any information you provide to us related to services we provide.
- Directly from activity on our website. For example, information gathered from cookies which you consent to.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason for which the information is provided to provide you with information, products or services that you request from us.
- To provide you with email alerts, event registrations and other notices concerning our products or services, or events or news, that may be of interest to you.
- To improve our website and present its contents to you.
- For testing, research, analysis and product development.
- As necessary or appropriate to protect the rights, property or safety of us, our clients or others.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. For example, we use Fishbowl for our E-Club (see https://www.fishbowl.com/privacy/) and Olo for our online ordering (see https://www.olo.com/privacy-policy).
In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category D: Commercial information.
Category F: Internet or other similar network activity.
Category I: Professional or employment-related information.
We disclose your personal information for a business purpose to the following categories of third parties:
- Our affiliates.
- Service providers.
- Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.
In the preceding twelve (12) months, we have not sold any personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access, deletion, or data portability twice within a 12-month period. The verifiable consumer request must:
- Include the following information: (1) your name; (2) your date of birth; (3) your physical address; (4) your email address; and (5) any other documentation supporting your request, as applicable.
- A copy of government issued photo identification which includes your name and date of birth.
- Include a declaration under penalty of perjury that the information you have provided is true and accurate.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it, including the method in which you provided us your information. For example, if you provided your information through a loyalty rewards program, job application, etc.
- Be notarized.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Changes to Our Privacy Notice
We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will notify you by email or through a notice on our website homepage.
If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Attn: California Privacy Enforcement
4700 Millenia Boulevard
Orlando, Florida 32839