YESTAURANTS, INC. PRIVACY POLICY

Last Updated: April 11, 2019


This Privacy Policy describes how YEStaurants, Inc. (“YEStaurants”) collects, uses, and discloses information that we collect from you, as well as how we protect and secure your data, including data collected from http://yestaurants.com/, and any related mobile sites and mobile application(s), whether developed now or in the future that reference this Privacy Policy (collectively, the “Sites”). If you have additional questions regarding your rights under this Privacy Policy or any agreement you have entered into with YEStaurants regarding your data, please contact us at: privacy@yestaurants.com.


This Privacy Policy generally applies to Personal Information that YEStaurants collects, uses, and discloses. However, this Privacy Policy is subordinate to any specific terms and conditions set forth in any terms of use, end user license agreements, or other agreements with YEStaurants related to a particular product, service, or data that is collected. It is also important to note that this Privacy Policy applies to information collected, used, and possessed by YEStaurants and any of its controlled affiliates, but not to its network of independent third-party partners, which may have their own privacy policies that apply to information that they collect from you.


What Types of Information and Data Does YEStaurants Collect, and When Does It Collect This Data?
YEStaurants collects various types of Personal Information. We collect this information when you provide it to us (whether directly or through our third-party partners) or when you use certain services provided by YEStaurants.


"Personal Information" is information that can be used to identify, locate, or contact you as a natural person, as well as other information about you that we tie to Personal Information. Personal Information that we collect includes, but is not limited to, the following types of information:

  • "Contact Information" that allows us to identify and communicate with you, such as your name, phone number, address, and email.
  • "Transactional Information" about how you interact with us, our third-party partners, including purchases, services you request, customer service inquiries, and customer account information.
  • "Financial Account Information" as needed to complete your purchases, such as credit card information, bank account information, and information about financing activities.

“Non-Personal Information” is any information that does not does not identify a natural person and is not identifiable to a natural person, such as:

  • Cookies and other tools used in a non-identifiable way;
  • Anonymized information;
  • Aggregated information; and
  • Information about your business operations, including, but not limited to:
    • Operation-specific data, such as location data, when kept in a non-identifiable way; and
    • The name, form, and contact details of legal persons.

In addition to the methods described above, Personal Information and Non-Personal Information may be collected by YEStaurants from its authorized third party partners as part of its standard business operations, to provide services to the authorized dealers and distributors, and as otherwise agreed pursuant to agreements between YEStaurants and such authorized third-party partners.


When data is described as “anonymized,” it means that the data is no longer associated with a particular person. When data is described as “aggregated,” it means that such information has been combined with other data in such a way that no person can be identified or linked to any specific action or information.


How YEStaurants Uses Your Information (the "Purposes")
Subject to the limitations and other rights set forth in this Privacy Policy, YEStaurants uses your Personal Information in its identifiable form for a variety of purposes, including:

  • To Complete Orders and Provide Requested Services. To fulfill orders for products or services, and for other services or purposes as you may request or direct, such as product order and delivery.
  • Product and Customer Support. To provide support services and to deliver upgrades and product improvement communications.
  • Marketing and Surveys. To communicate offers for products, building content, and services from YEStaurants or its third-party partners, including offers based on your personal and business characteristics and your location; to administer surveys, polls, sweepstakes, contests, loyalty programs and other promotional events; and to provide other information which may be of interest to you, such as YEStaurants company news, announcements, and reminders. Please contact us if you would not like to be contacted by YEStaurants for marketing purposes without being asked. We will provide you with the opportunity to opt-out of marketing information or market research inquiries. We will obtain consent before sending you marketing information if required by applicable law.
  • General Business Purposes. To provide and accomplish standard business tasks, such as payment processing, financial account management, contract management, Sites and account administration, order fulfillment, analytics, fraud prevention, corporate governance, reporting and legal compliance.
  • As Disclosed at the Time of Collection. In any other manner that we may describe when you provide the information to us.

These Purposes may be necessary for YEStaurants to perform a contract to which you are a party, comply with a legal obligation to which YEStaurants subject, protect YEStaurants’ vital interests or the interests of another natural person, or otherwise pursue YEStaurants’ legitimate business purposes and objectives. YEStaurants may obtain your consent to process your Personal Information, as necessary.


YEStaurants collects Non-Personal Information in the same ways it collects Personal Information, described elsewhere in this Privacy Policy.


Because Non-Personal Information does not personally identify you, YEStaurants may use and disclose Non-Personal Information for any purpose. In some instances, YEStaurants may combine Non-Personal Information with Personal Information. If YEStaurants combines any Non-Personal Information with Personal Information, YEStaurants will treat the combined information as Personal Information.


In addition, YEStaurants reserves the right to use anonymized and aggregated Personal Information to improve its products and services, to create and publish reports, to conduct statistical analysis about our customers and products, and for other activities that do not result in the disclosure of your identifiable information.


When Will YEStaurants Disclose Your Information, and Who May Receive It?
We are committed to being transparent regarding the manner in which we use and disclose your information. We may disclose and share your information as follows:

  • We may share Personal Information with our affiliated companies, authorized third-party partners, and business partners, as needed to accomplish, and consistently with, the Purposes set forth above, or as you authorize or request.
  • We may also share Personal Information with our service providers to fulfill the Purposes on our behalf. Our service providers are bound by law or contract to treat your information and data with the same level of protection that we do and to only use it in accordance with our instructions.
  • We may disclose Personal Information where needed to affect the sale or transfer of business assets, to enforce our rights, protect our property, or protect the rights, property, or safety of others, or as needed to support external auditing, compliance, and corporate governance functions.
  • We will also disclose Personal Information when required to do so by law, such as in response to a subpoena, including to law enforcement agencies and courts in the countries where we operate.

As noted above, YEStaurants reserves the right to use and disclose anonymized and aggregated Personal Information to improve its products and services, to create and publish reports, to conduct statistical analysis about our customers and products, and for other activities that do not result in the disclosure of your identifiable information.


How Long Will YEStaurants Keep your Information?

YEStaurants keeps different kinds of personal data for different lengths of time, depending on the Purposes for which they are processed and the unique circumstances of your situation. YEStaurants will hold your Personal Information as long as necessary for the relevant Purpose. For more information on YEStaurants’ data-retention policy and how long your data might be retained, please contact us as information provided below.


Sites Data Collection, Cookies, and Similar Technology

When you visit our Sites or use our mobile applications, we collect certain information by automated means, using technologies such as cookies, pixel tags, browser analysis tools, server logs and web beacons.


For example, when you visit our Sites, we may place cookies on your computer. Cookies are small text files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings in your browser. Cookies allow us to recognize you when you return. They also help us provide a customized experience and enable us to detect certain kinds of fraud. We may also use Adobe Flash Cookies, Microsoft Silverlight, and similar technologies which remember your settings, preferences, and usage in a manner similar to browser cookies to personalize and enhance your online experience, but which are not managed through your browser. To manage your Flash and Silverlight cookies, please see Adobe’s and Microsoft’s websites.


Pixel tags and web beacons are tiny graphic images placed on website pages or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, the pixel tags and web beacons generate a notice of that action. These tools allow us to measure response to our communications and improve our web pages and promotions.


We use Google Analytics which is a web analytics tool that helps us understand how users engage with our Sites. Like many services, Google Analytics uses first-party cookies to track user interactions as in our case, where they are used to collect information about how users use our Sites. This information is used to compile reports and to help us improve our Sites. The reports disclose trends without identifying individual visitors.


We collect many different types of information from cookies and other technologies. For example, we may collect information about the device you use to access our Sites, your operating system type, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. Our server logs also may record the IP address or derivative of the device you use to connect to the Internet. An IP address is a unique identifier that devices use to identify and communicate with each other on the Internet. We may also collect information about the website you were visiting before you came to YEStaurants and the website you visit after you leave our site.


In many cases, the information we collect using cookies and other tools is only used in a non-identifiable way, without reference to Personal Information. For example, we use information we collect about users to optimize our Sites and to understand traffic patterns. In some cases, we do associate the information we collect using cookies and other technology with your Personal Information. Additionally, if the settings on your geo-aware mobile devices permit our mobile applications to collect location information, we will collect that information automatically. This Privacy Policy governs how we use all of this information when we associate it with your Personal Information.


YEStaurants has relationships with third party advertising companies to perform tracking and reporting functions for our web processing. These third party advertising companies may place cookies on your computer so that they can display targeted advertisements to you. These third-party advertising companies should not collect Personal Information in this process, and we do not give Personal Information to them as part of this process.


Your Choices and Data Control
You can limit the information you provide to YEStaurants. You can also limit the communications that YEStaurants sends to you. You may opt-out of receiving future marketing emails by clicking "unsubscribe" at the bottom of marketing emails we send you. Alternatively, you may communicate your choice to the relevant privacy contact at: privacy@yestaurants.com.
 
Please note that even if you opt-out of receiving marketing material, we may still need to contact you with important Transactional Information about your account or your products or services. For example, even if you opt-out of marketing emails, we will still send you a confirmation when you purchase something from us or a third-party partner.
 
You can manage cookie preferences and opt-out of having cookies and other similar collection technologies used by adjusting the settings on your browser or interface, commonly known as “Do Not Track” settings. All browsers and interfaces are different, so visit the "help" section of your browser or interface to learn about cookie preferences and other privacy settings that may be available. You can manage how your mobile device and mobile browser share location information with YEStaurants, as well as how your mobile browser handles cookies and related technologies by adjusting your mobile device privacy and security settings. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings. In general, YEStaurants complies and requests that all of its service providers comply with your “Do Not Track” settings you select using your internet browser(s).

YEStaurants complies with applicable law regarding your ability to access, correct, and delete your Personal Information. If you have an online account, you may be able to log into your account to access and update certain information you provided to us. For Personal Information that is not linked to an online account, for assisting in opting-out of communications, or if you need assistance updating or deleting your Personal Information, please contact us via email at privacy@yestaurants.com. You can also write us at the address in the How to Contact Us section below. If you send us a letter, please provide your name, address, email address, and detailed information about the change you would like to make.


For EU Residents:
Our Sites are not intended for natural persons residing in the EU. If you are a natural person residing in the EU and at any time you believe YEStaurants has violated one of your rights under Articles 15 to 21 of the General Data Protection Regulation (“GDPR”), or if you believe YEStaurants is in violation of one or more of the provisions of the GDPR, you have the right to lodge a complaint with a Data Protection Authority. More information about the Data Protection Authorities can be found at https://ec.europa.eu/info/law/law-topic/data-protection/reform/what-are-data-protection-authorities-dpas_en.


Information and Data Security
YEStaurants has implemented an information and data security program that contains administrative, technical and physical controls that are designed to reasonably safeguard Personal Information.


Transfer of Information, Transfers to Other Countries
YEStaurants is headquartered in the United States of America. Personal Information may be accessed by or transferred to the United States or to our controlled affiliates and data processors elsewhere in the world for the Purposes described in this Privacy Policy. When we access or transfer Personal Information, we do so in compliance with applicable law. Additionally, we protect the privacy and security of Personal Information in the manner described in this Privacy Policy, regardless of where it is processed or stored.


Privacy Policies of Third Parties
This Privacy Policy only addresses the collection, use, and disclosure of information and data by YEStaurants and its controlled affiliates. Other websites that may be accessible through our Sites have their own privacy policies and practices, which govern their use of information that they collect or otherwise obtain from you. Our independent third-party partners have their own privacy policies and practices as well. We encourage you to familiarize yourself with the privacy statements provided by all such third parties prior to providing them with information or taking advantage of an offer or promotion.


Children’s Privacy
YEStaurants does not intend to collect Personal Information from children aged 13 and under. If you believe that your child is using our Sites, please contact us at info@yestaurants.com so we can investigate and delete any inappropriate information.

 

Forums and Plug-Ins to Social Media and Other Third Party Services

YEStaurants’ Sites may also contain links, plug-ins, APIs, and other tools that enable you to share content on our Sites or your own content through third party social media or other services (such a Facebook, Twitter, Google+, and other services). All use of such third party services, including through links found on our Sites, shall be considered public information and shall be subject to the terms and conditions of such third party services.


In addition, YEStaurants’ Sites and software products may incorporate certain mapping software and documentation developed by Google, Inc. and licensed to YEStaurants. Customer acknowledges and agrees that its use of such mapping software and documentation is subject to Google’s Privacy Policy, which can be found at http://www.google.com/policies/privacy.


Amendments and Changes
This Privacy Policy may be amended and updated from time to time to reflect new or different privacy practices. We will place notice on our homepage when we make material changes to this Privacy Policy. Additionally, if the changes will materially affect the way we use or disclose previously collected Personal Information, we may also notify you about the change by sending electronic notice to you (if we have your email address).


Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us using the information below.


Disclaimer
If you choose to access our Sites, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations. We may limit the availability of our Sites, in whole or in part, to any person, geographic area, and/or jurisdiction we choose, at any time and in our sole discretion.


How to Contact Us
If you have questions or comments about this Privacy Policy or any of our privacy practices, you can contact us at privacy@yestaurants.com. You can also reach us via mail at the following address:

YEStaurants, Inc.
1001 Office Park Rd., Suite 201
West Des Moines, IA 50265