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PRIVACY POLICY

POKEWORKS PRIVACY POLICY

Last Updated: November 13, 2024

BEYOND RESTAURANT GROUP, LLC D/B/A POKEWORKS (“POKEWORKS”) IS CONCERNED ABOUT PRIVACY ISSUES AND WANTS YOU TO BE FAMILIAR WITH HOW WE COLLECT, USE AND DISCLOSE YOUR INFORMATION.

This privacy policy describes our practices in connection with information that we collect through websites operated by us from which you may be accessing this privacy policy (the “Websites”), through the software applications made available by us for use on or through computers and mobile devices (the “Apps”), through our social media pages that we control from which you may be accessing this privacy policy (collectively, our “Social Media Pages”), as well as through text or SMS messaging that you may have signed up for and html-formatted email messages that we send to you (collectively, including the Websites, the Apps and our Social Media Pages, the “Services”).

Please read this privacy policy carefully. By using the Services, you consent to our collection and use of your Personal Information (described below) as described in this privacy policy. Except as set forth in this privacy policy, your Personal Information will not be used for any other purpose without your consent. You may withdraw your consent to our processing of your personal information at any time. However, withdrawing consent may result in your inability to continue using the Services or some of their features.

The Pokeworks Rewards App, Pokeworks Rewards Program, and the web-based ordering application located at https://order.thanx.com/pokeworks operate under a separate privacy policy, managed independently by Thanx. You can access their specific privacy policy located at https://dashboard.thanx.com/privacy/pokeworks.

PERSONAL INFORMATION WE MAY COLLECT

“Personal Information” is information about you that, alone or in combination with other information, can uniquely identify you as an individual. We may collect certain Personal Information from you when you visit the Websites or use the Services, including but not limited to:

  • Name
  • Postal address (including billing and shipping addresses)
  • Telephone number
  • Email address

We may use a third-party payment service to process payments made through the Services. If you wish to make a payment through the Services, your Personal Information may be collected by such third party and not by us and will be subject to the third party’s privacy policy, rather than this privacy policy. We have no control over, and are not responsible for, this third party’s collection, use and disclosure of your Personal Information.

If you submit any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this privacy policy.

 

HOW WE MAY COLLECT PERSONAL INFORMATION

We and our service providers may collect Personal Information in a variety of ways, including:

  • Through the Services: We may collect Personal Information through the Services, e.g., when you sign up for a newsletter or make a purchase.
  • Offline: We may collect Personal Information from you offline, such as when you visit our restaurants, place an order over the phone or contact us.
  • From other sources: We may receive your Personal Information from other sources, such as public databases; joint marketing partners; social media platforms; from people with whom you are friends or otherwise connected on social media platforms; and from other third parties.

 

HOW WE MAY USE PERSONAL INFORMATION

We may use your Personal Information:

  • To respond to your inquiries and fulfill your requests, such as to send you newsletters.
  • To send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies.
  • To complete and fulfill your purchase or sign you up for events, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase or reservation and provide you with related customer service.
  • To send you marketing communications that we believe may be of interest to you. If you sign up for our text messaging program, cookies may be used to personalize your experience (e.g. send you personalized text messages such as shopping cart reminders).
  • To allow you to participate in sweepstakes, contests and similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read these rules carefully.
  • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

 

HOW PERSONAL INFORMATION MAY BE DISCLOSED

Your Personal Information may be disclosed:

  • To our third-party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing and other similar services.
  • To third-party sponsors of sweepstakes, contests and similar promotions.
  • To identify you to any guest you register for an event.
  • By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials. Please note that any information you post or disclose through these Services will become public information and may be available to users of the Services and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Services.
  • To your friends associated with your social media account, to other website users and to your social media account provider, in connection with your social sharing activity, such as if you connect your social media account to your Services account or log into your Services account from your social media account. By connecting your Services account and your social media account you authorize us to share information with your social media account provider and you understand that the use of the information we share will be governed by the social media site’s privacy policy. If you do not want your Personal Information shared with other users or with your social media account provider, please do not connect your social media account with your Services account and do not participate in social sharing on the Services.
  • To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

 

OTHER INFORMATION

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as:

  • Browser and device information, including device ids, advertising ids, and other persistent identifiers, such as your IP address. Your IP address is a number that is automatically assigned to the computer that you are using by your internet service provider (ISP).
  • Information collected through cookies, pixel tags and other technologies, such as the actions taken within and outside of the websites and apps and the date and time of your use of the websites and apps
  • Demographic information such as your gender or city and other information voluntarily provided by you
  • Aggregated information

 

HOW WE MAY COLLECT OTHER INFORMATION

We and our third-party service providers may collect Other Information in a variety of ways, including:

  • Through your browser or device: certain information is collected by most browsers or automatically through your device, such as your media access control (mac) address, computer type (windows or macintosh), screen resolution, operating system name and version, device manufacturer and model, language, internet browser type and version and the name and version of the Services you are using. We use this information to ensure that the Services function properly.
  • Using cookies: cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience while using the Services. We can recognize your computer to assist your use of the Services. We also gather statistical information about the usage of the Services in order to continually improve the design and functionality, understand how the Services are used and to assist us with resolving questions regarding the Services. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies in online advertising to track responses to our advertisement

If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies or to be given the choice of declining or accepting the transfer to your computer of a cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. For example, we may not be able to recognize your computer and you may need to log in every time you visit the applicable Services. You also may not receive advertising or other offers from us that are relevant to your interests and needs.

  • Using pixel tags and other similar technologies: pixel tags (also known as web beacons and clear gifs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Services and response rates.
  • IP address: An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other services. We use IP addresses for purposes such as calculating usage levels of the Services, helping diagnose server problems, and administering the Services.
  • Physical location: we may collect the physical location of your device by, for example, using satellite, cell phone tower or wifi signals. We may use your device’s physical location to provide you with personalized location-based Services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized Services and content.
  • From you: information such as your preferred means of communication is collected when you voluntarily provide it. Unless combined with Personal Information, it does not personally identify you.
  • By aggregating information: aggregated Personal Information does not personally identify you (for example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).

 

HOW WE MAY USE AND DISCLOSE OTHER INFORMATION

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law.

If we are required to treat Other Information as Personal Information under applicable law, then we may use it as described in the “How We May Collect Other Information” section above, as well as for all the purposes for which we use and disclose Personal Information.

In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we do, we will treat the combined information as Personal Information for so long as it is combined.

 

THIRD-PARTY SERVICES

This privacy policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Instagram, Twitter, Apple, Google, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media Pages.

Specifically, we use the following third-party service providers in order to provide the Services to you:

  • When you place an order through any of the Services, you will be directed to our third-party ordering service provider, Mobo Systems, Inc. d/b/a Olo (“Olo”). Any Personal Information you provide to Olo in connection with the ordering process will be subject to Olo’s privacy policy (located at https://www.olo.com/privacy-policy), and we are not responsible for any such Personal Information, including but not limited to your payment information, which we do not store on our servers.
  • We use certain services provided by Thanx, Inc. (“Thanx”) for purposes of running customer loyalty and reward programs, special offers, and similar programs. As part of these programs and offers, certain of your Personal Information may be shared with Thanx (including, without limitation, your name, email address, payment information, information regarding the purchases you make with us, and any other information you provide in connection with such programs), and you acknowledge and agree that this information may be used by Thanx as permitted by Thanx’s privacy policy located at https://dashboard.thanx.com/privacy/pokeworks, including, without limitation, in connection with running such programs and offers.

 

SECURITY

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “contacting us” section below.

 

CHOICES AND ACCESS

Your choices regarding our use of your Personal Information:

If you no longer wish to receive marketing-related emails from us, you may opt-out from such messages by following the instructions contained in each such email. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt-out.

If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at [email protected] and include the word “security” in the subject line.

How you can access, change or suppress your Personal Information:

If you would like to review, correct, update, suppress, or delete the Personal Information that you have provided to us, you may log in to your Pokeworks Rewards account to make changes, contact us by email at [email protected] or write to the following address:

Beyond Restaurant Group, LLC 

220 Technology Dr., Suite 120

Irvine, CA 92618

In your request, please make clear what Personal Information you would like to have changed, whether you would like to have it suppressed from our database, or otherwise let us know what limitations you would like to put on our use of it. For your protection, we may only implement requests with respect to the Personal Information associated with the email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.

We do not honor Do Not Track Requests and signals.

If you are a resident of the State of California, please also note the following:

PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1798.83, A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOMER”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL INFORMATION TO ANY THIRD PARTIES FOR THE THIRD PARTIES’ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OUR COMPLIANCE WITH THIS LAW BY E-MAILING [email protected]. PLEASE NOTE THAT WE ARE REQUIRED TO RESPOND TO ONLY ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND THAT WE ARE NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS EMAIL ADDRESS.

 

RETENTION PERIOD

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law.

 

USE OF SERVICES BY MINORS

The Services are not directed to individuals under the age of thirteen (13), and we request that these individuals not provide Personal Information through the Services. If a child under 13 submits Personal Information to us through the Services, and we learn that the Personal Information is the information of a child under 13, we will attempt to delete the information as soon as possible.

If you are a parent of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at [email protected] and we will delete the information from our system.

 

CROSS-BORDER TRANSFER

The Services are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.

 

SENSITIVE INFORMATION

We ask that you not send us, and that you not disclose to us, any sensitive Personal Information (e.g., social security numbers, credit card numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Services or otherwise.

 

UPDATES TO THIS PRIVACY POLICY

We may change this privacy policy from time to time. The “last updated” legend at the top of this page indicates when this privacy policy was last revised. Any changes to this privacy policy will become effective when we post the revised privacy policy on the Services. Your use of the Services following these changes means that you accept the revised privacy policy.

 

CONTACTING US

If you have any questions about this privacy policy, please contact us by email at [email protected] or at the following address:

Beyond Restaurant Group, LLC 

220 Technology Dr., Suite 120

Irvine, CA 92618 

Because email communications are not always secure, please do not include sensitive information in your emails to us.