Effective Date: 10/4/22
Types of Information That We Collect
In the course of doing business with you both online and in our restaurants, we and or third-party partners collect a range of personal information. That information may include:
• Identifiers, such as your name, physical address, email address, phone number, IP address, device identifiers, and identifiers associated with cookies;
• Financial information, such as payment card information;
• Demographics, such as your age and gender;
• Transactional information, such as records of your purchases, products you like, and usage of the Services;
• Internet or other electronic network activity, such as information about how you use, access, or interact with the Services;
• Location information, such as city and state you provide, or location information derived from your interactions with the Services, subject to the settings on your device or browser;
• Job application information including previous employers, educational background, skills and work experience;
• Records of communications with our customer care teams for training and quality assurance purposes; and
• Inferences regarding your preferences or other characteristics.
Please read below for more information about the information we collect.
Information That We Collect from You
You may be able to use some of our Services or conduct on premise business with us without providing any personal information to us. However, in order to take advantage of certain features, offerings, or other functions available in restaurants or on our Services, you may be asked or required to provide personal information. For example, depending on the feature or service you wish to access, we may ask you to register an account with us or otherwise collect information from you such as your name, address, e-mail address, telephone number, credit card information, household information, demographic information, and/or information about your interests. You can always choose to not provide us with the requested information; however, if you choose to not provide such information, you may not be able to engage in certain in restaurant transactions or access or use certain features or functions of the Services. When you dine in our restaurants or order from our website, we may collect information about the products or services you buy when you use a payment card, the Boca website or pay at the table using our in-seat payment platform.
To the extent that you provide us with a mobile telephone number you hereby:
• represent that you are the accountholder and subscriber for the mobile telephone number that you provide, or that you have the accountholder and subscriber’s permission to receive text messages and/or phone calls at that telephone number;
• agree to receive, and authorize us to deliver or cause to be delivered to you, calls and SMS/text messages for any purpose, including advertising, using an automatic telephone dialing system or an artificial or pre-recorded voice;
• agree to notify us promptly if the mobile telephone number you have provided changes;
• agree to indemnify us in full for all claims, expenses, costs, and damages related to, arising under, or caused by, in whole or in part, your failure to notify us promptly if the phone number you have provided changes, including but not limited to, all claims, expenses, costs, and damages related to or arising under the Telephone Consumer Protection Act; and
• understand and agree that your agreement to these terms is not required as a condition of purchasing any property, goods, or services and that, based on your plan with your mobile carrier, normal usage rates and fees, including data fees and text message rates, may apply to text messages and/or phone calls delivered by Boca or on Boca’s behalf.
Information We Collect from Other Sources
We may also receive information about you from other sources, including third parties that help us: update, expand, and analyze our records; identify new customers; collect information on our behalf; and prevent or detect fraud. We may also receive information about you from social media platforms including but not limited to when you interact with us on those platforms, access our social media content, or use your social media login credentials to access our Services. The information we will be able to receive will be determined by the privacy settings, policies, and/or procedures of the applicable third-party platform, website or service. We use and share this information (and may add it to the other information we have on file for you) for the purposes described in this Policy.
Information We Collect Automatically
When you use the Services, we or our third-party service providers may collect information about how you access, use, or otherwise interact with the Services, our emails, and online advertising. This information is collected for various reasons, including to help ensure that the Services continue to work correctly, to improve the Services, to support marketing campaigns, to understand our customers and how they use the Services, and to offer you a more personalized experience. The information collected may include technical information such as your IP address, the type of device that you use to access the Services, the operating system on your device, the website or other online service that directed you to our Services, and the content that you view on the Services. For more information about how this information is collected, please see our Cookies and Other Tracking Technologies section below.
Information Collected from Mobile Devices
When you access our Services via a mobile device, Boca or its third-party service providers may collect various information, including the type of mobile device you use, the temporary or persistent device identifier associated with your device, the IP address of your mobile device, the device’s operating system, the browser you use to access the Services, information about how you use the Services, and your device’s location as described below.
You may be able to use our mobile applications to scan barcodes or take images of products. To do so, our mobile applications may request permission to access your camera and photo files. Please note that some features of our mobile applications and/or Services may not be usable or available to you if you do not grant us such permission.
Location Information. Our mobile applications and websites may also collect precise information about the location of your device after you permit us to obtain such information from technologies such as Bluetooth beacons, GPS, Wi-Fi signals, or cell tower signals. We may also use technologies to determine if you are in-proximity of one of our restaurants by relying on signals transmitted by your mobile devices. We collect this information to provide you with services, content and offers based on your location. You may prevent or limit collection of location information by changing your devices settings. To opt out of the collection of precise location or presence information, you can adjust the permissions on your mobile device.
How Do We Use Your Information?
• We may use this information to communicate with you, including sending messages about the availability of our Site, security, or other service-related issues.
• We may use the information we collect to deliver promotional and marketing materials to you via physical mail and electronically regarding Boca and its products and services.
• We may use the information we collect: to fulfill your requests for our products, programs, or services; to offer you other products, programs, or services that we believe may be of interest to you; to survey you; and otherwise for the purposes for which you provided the information.
• We may combine the information we collect from you with information that we collect from other sources.
• We may use any of the information we collect for research, market studies, or to enhance the products and services we provide to you.
• We may use the information we collect from you to deliver marketing communications, special offers, or advertisements that may be of interest to you, including the delivery of targeted advertisements that are based on your previous online activity on the Services and other third-party services.
• We may share information with our service providers, partners and advertisers for our legitimate business purposes, but we do not monetize your personal information by selling or renting it for monetary compensation to outside parties.
• We may transfer your personal information to our service providers, partners and advertisers which use that information to conduct business on our behalf, including to deliver advertising to our customers.
• We may share anonymized information with our service providers, partners and advertisers. Anonymized information is information that is altered, combined, or otherwise processed so that it can’t reasonably be identified with an individual person.
• We may share certain information that does not directly identify you (e.g. IP addresses and unique ID numbers associated with your device, such as your advertising ID) with third parties for their own use, including for advertising and marketing purposes.
• We may use information we collect to create personalized content, offers, services, and advertising. This includes personalized content based on the precise location information we collect from mobile devices or the location that we infer from your IP address or other information.
• We can share, sell, assign, or license your personal data in connection with certain business transactions, such as a sale, acquisitions, merger, or change in control, or in preparation for any of these events. In such cases, we will take appropriate steps under the circumstances and to the extent possible to ensure that the recipient agrees to provide privacy protections substantially similar to those established by this Policy. Any entity that acquires all or substantially all of the Company’s assets will have the right to continue using your data consistent with this Policy or as otherwise agreed to by you.
• We may disclose the information to third parties when we are required to do so by any law, regulation, court order, subpoena, law enforcement, or other regulatory requirement.
• We may disclose the information if we believe that such disclosure is necessary or appropriate: to comply with applicable law; to operate the Services; to protect the rights, property or safety of Boca, other users of the Services, partners, affiliates, sponsors, providers, licensors, merchants, or others; to prevent harm or loss; or in connection with an investigation of suspected or actual unlawful activity.
• We may disclose the information to investigate and defend ourselves against any third-party allegations or claims;
• We may disclose the information to protect the security or integrity of the Site;
If you post comments, pictures, or other content via public forums that may be available on the Services, that information may be publicly available. The information may be searchable by search engines and copied or republished by third parties. We have no control over those third parties. Please think carefully before you post any information via the Services.
Your Options Regarding the Information that We Collect
You may limit the information you provide to us. However, if you choose not to provide certain requested information, you may be unable to access some of the services, offers, and content on the Site.
You may choose to:
• Stop receiving marketing or promotional e-mails, direct mail, phone and mobile marketing communications.
• Update and correct the information that you provide to us; or
• Request that we cancel your account or that we no longer use the information you have given us to provide you services.
To exercise your choices, you may:
• Call 407-553-3525 with your request and current contact information;
• Contact us online with your request and current contact information through email@example.com
If you opt-out using the directions and/or mechanisms provided in a specific type of communication, please be aware that you may only stop receiving that type of communication unless you exercise another option as described herein. Please note that if you request that your information no longer be used to provide you services, Boca or its vendors may retain your information for Boca business purposes, such as for backups, analysis, records of deletions, legal requirements, and data retention requirements or policies. You may, depending on applicable laws, have certain rights regarding your personal information. If you have questions about such rights, please contact us.
Cookies and Other Tracking Technologies
Most web browsers are set to accept cookies by default, though you can manually disable the cookies feature of your browser. You should review the online documentation relating to your browser or consult with the provider of your browser for instructions on how to disable cookies. Please note that if you disable cookies on your Internet-enabled device, some parts of the Services may not function properly or offer you the same degree of personalization. In addition, you may be able to exercise choices regarding companies such as online network advertisers via certain third-party tools. Read more information about such choices at: http://www.aboutads.info/choices/.
We may also use technologies that let us know whether you viewed certain content, whether you viewed our emails or other electronic communications, and whether the advertising we place on the Services and other websites, or mobile applications is effective.
We use Google Analytics to learn about how you and others use the Services. You can learn more about how Google uses information it collects at: https://google.com/policies/privacy/partners.
Third-party Content and Activities
We may provide links to websites or resources outside of our Services. You acknowledge and agree we are not responsible for the availability of third party sites or resources 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 or resources. We are not responsible for the privacy or other practices of such sites and cannot guarantee the security of personal information that you provide, or is collected by, such sites. We encourage you to review the privacy policies and terms and conditions on those linked sites.
Some of the third parties that provide content on our Services or support our business by facilitating online advertising, analytics, or research may use technologies to track your online activities over time and across various websites and other online services.
Our website uses social media plugins (e.g. Facebook and Twitter, Instagram, YouTube) to enable you to easily share information with others. When you visit our site, the operator of the social plugin can place a cookie on your computer, enabling that operator to recognize individuals who have previously visited our website. If you are logged into the social media website while browsing our Site, the social plugins allow that social media website to share data about your activities on our website with other users of their social media website. We do not control any of the content from the social media plugins. For more information about social plugins from other media websites you should refer to their privacy and data/information sharing statements/policies.
Boca uses administrative, technical, and physical safeguards designed to safeguard the information we collect via the Services. However, no information system can be 100% secure. We cannot guarantee the absolute security of your information. Moreover, we are not responsible for the security of information you transmit or receive via the Services over networks that we do not control, including the Internet and wireless networks. You are responsible for protecting the confidentiality of your username and password(s) and you hereby release Boca from any liability related to your disclosure of your username and/or password(s) to any third party. Boca reserves the right to suspend or terminate your account or to require you to change your username and/or password if Boca believes they are no longer secure.
Do Not Track. “Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you. However, because our website is not configured to detect Do Not Track signals from a user’s computer, we are unable to respond to Do Not Track requests. We do not track website users over time and across third party websites.
Information of Children. The Services are not directed to children as the products and services on this website are intended for persons 13 years of age and older. We do not knowingly collect, use or disclose any personal information from children. If we learn that Personal Data of persons less than 13 years-of-age has been collected through our website, we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child or a minor under the age of 13 has posted, submitted or otherwise communicated Personal Data to our website without your consent, then you may alert us at firstname.lastname@example.org so that we may take appropriate action to remove the minor’s Personal Data from our systems. You may also use web-filtering technology to supervise or limit access to the website. PLEASE SEE THE CHILDREN’S PRIVACY NOTICE, Below, For Additional Information.
Child Privacy Notice
At Boca, we are committed to protecting your child(ren)’s privacy. We developed this Child Privacy Notice to inform you about our information collection practices and policies with regard to the personal information about your children that you may provide to Boca through the Services. By using the Services, you agree to the terms in this Child Privacy Notice. This Child Privacy Notice is an online notice and applies only to the Services.
• Boca collects personal information which parents voluntarily provide about their child(ren) through the Services in order to provide parents and child(ren) with access to the benefits that the parents have requested. You are sharing personally identifiable information with Boca when you register yourself and your child(ren) through certain portions of the Services.
• Only parents may register their children on the Services; therefore, Boca does not knowingly collect personal information from children under the age of 13.
• When you provide personal information about yourself and your child(ren) through certain portions of the Services, that information is collected and maintained by Boca and, depending on the functionality of the service or program, by third party service providers, partners and advertisers.
• Once registered, a parent is able to modify the information that was supplied through the Services by contacting us.
• Please contact us if you have any questions about our Child Privacy Notice.