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Privacy Policy

 

PRIVACY POLICY

Effective Date: January 1, 2024

Last Modified: January 15, 2024

TABLE OF CONTENTS

  • Introduction

  • Information We Collect

  • Where We Collect Your Information From

  • How We Use Personal Information

  • Data Security

  • Selling and Sharing of Personal Information

  • Your Choices

  • Children Under the Age Of 13

  • Our Website May Have Third Party Links

  • Changes To Our Privacy Policy

  • Contact Information

  • State Privacy Rights

  • The Rights of Virginia, Colorado, Connecticut, and Utah Residents

Introduction

B. Hospitality Co. LLC and its affiliates, including but not limited to Formento’s and Nonna's, recognizes and respects your privacy and is committed to protecting it.  We have developed certain privacy practices to maintain these standards and to comply with applicable laws, rules, and regulations.

This Privacy Policy describes our privacy practices with respect to the personal information we collect, including the categories of information we may collect from you when you visit our website bhospitalityco.com (the “Website”), use the B. Hospitality Co. mobile application (“Mobile App”), or use or visit any other online services or programs where the B. Hospitality Co. Terms & Conditions or this Privacy Policy is posted or linked (collectively, the “Online Services”).  This Privacy Policy also describes the purposes for which we collect personal information, how we use or process the personal information we collect, with whom we sell or share it, and the rights you have regarding your personal information and how you can exercise them.

Please read this Privacy Policy carefully.  By using the Online Services, you agree to the terms of this Privacy Policy.  If you do not agree with the terms of this Privacy Policy, please do not use the Online Services. 

If you are a resident of California, Virginia, Colorado, Connecticut, or Utah, please review your state-specific sections below, which apply to visitors, users, and others who reside in such States.    

Information We Collect

This Privacy Policy applies to information we collect:

  • On our Website.

  • In email, text, and other electronic communications between you and us, including between you and our Website, you and our mobile application, and you and our social media pages.

  • Through our mobile application you download from the App Store or Google Play.

  • When you register for online promotions or participate in rewards programs, online programs, surveys, or other transactions or activities.

  • When you use or visit any other online services or programs where the B. Hospitality Co. and Conditions or Privacy Policy is posted or linked.

  • Through or as a result of your entry upon any of our facilities or in connection with our operations, or attendance at an event organized or hosted by us.

  • As a result of any sales, purchases, or other transactions made through us or through a third-party delivery service.

It does not apply to information collected by any third party, including through any application or content (including advertising) that may link to or be accessible from or on our Website.

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”).  In particular, B. Hospitality Co. collects and has collected from its consumers within the last twelve (12) months the following categories of Personal Information:

  • Personal identifiers you provide when you provide information for orders or registration via our Website or mobile application, including your first and last name, alias, email address, telephone number, date of birth, gender, account name, online identifier, or any personal identifiers you provide to us when communicating with us.

  • Transaction information you provide when you make a purchase from us, such as your first and last name, alias, address, telephone number, email address, and payment or financial information.

  • Financial information you provide for payment information when you make a purchase from the Company, including through our Website or mobile application, such as your debit card number, and/or credit card number.

  • Records of commercial information such as your current and historical point-of-sale transactions and product purchases from us.

  • Internet connectivity, usage, and activity information about your use, and the use by any person(s) you authorize, of our Website or mobile application, including the content you view, browser device and type, unique device identifier and/or Internet Protocol (IP) address, and information about your interactions with our Website or mobile application.

  • Internet or other electronic network activity information, including, but not limited to, IP addresses, browsing history, search history, cookies, information about your interaction with our Websites or mobile application, and geolocation data. 

In addition, we may collect the following categories of Sensitive Personal Information:

  • User location information provided by browser Geolocation Api (if supported) or associated with your Internet Protocol (IP) address, where we are permitted by law to process this information.

B. Hospitality Co. obtains the categories of Personal Information listed above:

  • Directly from you.  We collect information you provide to us when you inquire about our goods or services; register with us; place orders; participate in rewards programs, online programs, surveys, or other transactions or activities; through the billing and contact information you provide to us; communicate or otherwise interact with us through telephone, email or other electronic communication; through the use of our Website, our mobile application, our social media pages, or in person.

  • Indirectly from you.  We collect information from you, your household, or devices associated with you or your household through your use and actions on our Website, persistent cookies on our Website, and third-party analytics for our Website, as well as publicly available sources of information.

Personal information does not include:

  • Publicly available information.

  • Lawfully obtained, truthful information that is a matter of public concern.

  • Deidentified or aggregated consumer information.

  • Information excluded from the scope of “personal information” or “personal data” under applicable privacy laws.

How We Use Personal Information

We may use or disclose the Personal Information (including Sensitive Personal Information) we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information.  For example, if you share your name and contact information to ask a question about our products or services, or communicate with us through email, our Website, our mobile application, our social media pages, or by telephone, we will use that Personal Information to respond to your inquiry and communicate with you.  If you provide your Personal Information to make a purchase, we will use that information to process your payment and facilitate delivery or otherwise complete the purchase.  We may also save your information to facilitate new purchases by you or process your requests.

  • To have a means of communicating with you about transactions with us and send you information or request feedback about your purchases, our services, and features on our Website and mobile applications, or changes to our policies.

  • Register you for an account on the Online Services, including a Rewards or other loyalty program account, and manage and maintain your account;

  • Administer surveys, contests, sweepstakes, or other promotions through our Online Services or through social media;

  • To send you offers and promotions for our products and services.

  • To provide, support, personalize, and develop our Website, mobile application, social media pages, products, and services.

  • Send you emails or other information or materials you request;

  • To create, manage, maintain, customize, and secure your account with us.

  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.

  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

  • To personalize your Website and mobile application experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and advertisements through our Website, our mobile application, third-party sites, and via email or text message (with your consent, where required by law).

  • To help maintain the safety, security, and integrity of our Website, our mobile application, products and services, databases and other technology assets, our facilities and stores, and our business.

  • For testing, research, analysis, and product development, including to develop and improve our Website, mobile application, products, services, and business.

  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

  • To comply with applicable legal requirements and industry standards.

  • As described to you when collecting your Personal Information or as otherwise set forth under applicable privacy laws.

  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, sale, or transfer of some or all of B.Hospitality Co.’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by B. Hospitality Co. about our Website users, mobile application users, and other consumers is among the assets transferred.

B. Hospitality Co. will not collect additional categories of Personal Information or use the Personal Information we collected for any purposes that are incompatible with the purposes listed above without first providing you notice.

Selling and Sharing of Personal Information

B. Hospitality Co. does not sell your Personal Information To any third parties, and has not sold your Personal Information in the past twelve (12) months.  B. Hospitality Co. may share Personal Information with selected third parties, including social media, advertising, and analytics partners, for marketing-related services.  We may disclose your Personal Information, including your email address, to third parties for our digital marketing efforts, including for the purposes of targeted advertisements and to provide communications, offers, promotions and/or services that are tailored to your preferences.  Within the past twelve (12) months, we may have disclosed certain categories of Personal Information to third parties who provide marketing and advertising-related services to B. Hospitality Co. 

We may also disclose Personal Information with our trusted service providers and contractors who process or receive the information for their operational purposes.  We disclose Personal Information to such service providers for the limited and specified purpose of enabling them to fulfill their service function to us (including, but not limited to, processing or fulfilling your orders and transactions, verifying your information, processing payments, or providing similar services on our behalf). 

In addition, we may disclose de-identified or aggregated information (which does not identify you or any other individual) without restriction.  We may also disclose Personal Information to our affiliates, agents, representatives, and franchisees, to be used for any of the purposes indicated at the time we collect such information.  We may also disclose your Personal Information to (1) comply with any court order, law, or legal process, including to respond to any government or regulatory request, and/or (2) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of B. Hospitality Co., users and visitors of our Website and mobile application, or others.

Data Security

The security, integrity, and confidentiality of your personal information are extremely important to us.  B. Hospitality Co. has implemented technical and administrative security measures that are designed to protect personal information from unauthorized or illegal access, destruction, disclosure, use, or modification.  Please be aware that, despite our best efforts, no security measures are perfect or impenetrable.

Data Retention

We retain Personal Information only for the length of time as is reasonably necessary and proportionate to achieve the purposes described in this Privacy Policy.  We may also retain Personal Information for other necessary legal purposes such as complying with our legal obligations, resolving disputes, enforcing our agreements, preventing fraud, and other purposes permitted by law.

Your Choices

We offer you the following choices about what information we collect from you and how we communicate with you:

Cookies. If you would like to opt out of collection via cookies, you may broadcast an opt-out preference signal through your browser.  Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies.  To do so, please follow the instructions in your browser settings.  Please note, however, that without cookies you may not be able to take full advantage of all of the B. Hospitality Co. Website’s features. 

Promotional Emails. If we have sent you a marketing email, you may choose not to receive additional marketing emails from us by following the unsubscribe instructions contained in each email. Upon receipt and processing of an opt-out request, B. Hospitality Co. will, within a commercially reasonable amount of time, remove your information from any email lists used to provide you with special offers from B. Hospitality Co. or its affiliates in the future.

Children Under the Age of 13

The Online Services is not directed to, and B. Hospitality Co. does not knowingly collect or solicit Personal Information from children under the age of 13.  If we learn we have collected or received personal information from a child under the age of 13, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at rewards@bhospitalityco.com.

Our Website May Have Third Party Links

Our Website and mobile application may have links to third-party content. We do not control that content or the third party’s privacy practices. We encourage you to read their privacy policies to understand how they use your information.

Changes to Our Privacy Policy

B. Hospitality Co. reserves the right to amend this Privacy Policy at our discretion and at any time.  We may change this policy from time to time.  When we make changes to this Privacy Policy, we will post the updated notice on our Website and update the notice’s effective date.  Your continued use of our Website, our mobile application, Online Services, and/or submitting information to us following the posting of changes is deemed to be acceptance of those changes, so please check the notice periodically for updates.

Contact Information

If you have any questions or comments about this notice, the ways in which B. Hospitality Co. collects and uses your information, or wishes to exercise your rights under Illinois law, please do not hesitate to contact us at: rewards@bhospitalityco.com.

STATE PRIVACY RIGHTS

The Personal Information Protection Act became effective January 1, 2006. 

The law requires “data collectors” that own or licenses personal information for any Illinois resident to notify the Illinois resident if there has been any “breach” in the “data collectors” computer systems. 

A “data collector” may include but is not limited to, government agencies, public and private universities, privately and publicly held corporations, financial institutions, retail operators, and any other entity that, for any purpose, handles, collects, disseminates, or otherwise deals with nonpublic “personal information”. 

“Breach of the security of the system data” means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of “personal information” maintained by the data collector.

 “Personal information” means an individual’s first name or first initial and last name in combination with any one or more of the following elements, when either the name or the data elements are not encrypted or redacted:

  1.  Social Security number.

  2.  Driver’s license number or State identification card number 

  3. Account number or credit or debit card number, or an account number or credit card number in combination with any required security code, access code, or password that would permit access to an individual’s financial account.

 “Personal information” does not include publicly available information that is lawfully made available to the general public from federal, State, or local government records. 

Any data collector that owns or licenses personal information concerning an Illinois resident must notify that resident at no charge that there has been a breach of the security of the system data following discovery. The disclosure notification shall be made in the most expedient manner and without unreasonable delay. 

Additionally, any “data collector” that maintains, but does not own or license “personal information” is required to notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if it was, or is reasonably believed to have been acquired by an unauthorized person.

 The notification required may be delayed if an appropriate law enforcement agency determines that notification will interfere with a criminal investigation and provides the data collector with a written request for the delay. However, the data collector must notify the Illinois resident as soon as notification will no longer interfere with the investigation. 

The Act also outlines the methods in which notice to Illinois residents is to be made. Permitted methods of notice include written notice; electronic notice if it complies with the federal digital signature statute; or substitute notice if the data collector demonstrates that the cost of providing notice would exceed $250,000 or there are more than 500,000 Illinois residents affected.

 Substitute notice shall consist of all of the following: 

  1. Email notice if the data collector has an email address for the subject persons. 

  2. Conspicuous posting of the notice on the data collector’s web site. 

  3. Notification to major statewide media. 

The Personal Information Act also allows a data collector to establish its own notification procedures, provided that the procedures are consistent with the notice timing under the Act. 

A violation of the Act is deemed to be a violation of the Illinois Consumer Fraud and Deceptive Practices Act and could result in civil money penalties. 

For information on what to do if your bank has suffered a security breach and what tell your customers: Go to http://www.fdic.gov/news/news/financial/2005/fil2705.html or http://www.fdic.gov/news/news/financial/2007/fil07032.html 

For information on what to do if you believe you may be a victim of identity theft: Go to: http://www.ftc.gov/bcp/edu/pubs/consumer/idtheft/idt04.htm

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If reasonably necessary, we may extend our time to respond for an additional forty-five (45) days, and we will inform you of the extension within the initial forty-five (45) day period.

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.

Our response may also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format that is easily understandable to the average consumer, and to the extent technically feasible, in a structured, commonly used, machine-readable format that may also be transmitted to another entity at the consumer’s request without hindrance.

Right to Opt-Out of Sale or Sharing of Personal Information

As provided above, we may disclose your Personal Information to selected third parties for marketing and targeted advertising purposes. You have the right to direct us to not sell or share your Personal Information at any time (the “right to opt-out”).  To exercise your right to opt-out of the sale or sharing of your personal information, you (or your authorized representative) may submit a request to us by visiting this link.  You may opt back in to Personal Information sales at any time.  Further, we use Google Analytics to understand how you use our Website.  This includes looking at where a visitor comes from and where they go when they leave our Website.  Google provides an opt-out for this tool here.

We do not sell or share the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer younger than 13 years of age.  Consumers who opt-in to personal information sales may opt-out of future sales or sharing at any time.

Right to Limit Use and Disclosure of Sensitive Personal Information

If you direct us not to use or disclose your sensitive personal information (except for the authorized purposes identified above), we will not use your sensitive personal information for any other purpose after our receipt of your direction, unless you subsequently provide consent for the use or disclosure of your sensitive personal information for additional purposes.

To exercise your right to limit the use or disclosure of your sensitive personal information, you (or your authorized representative) may submit a request to us by visiting this link.

Non-Discrimination

We will not discriminate against you for exercising any of your rights.  Unless permitted by the state of Illinois, in response to you exercising your rights, we will not:

  • Deny you goods or services.

  • Charge you different prices or rates for goods or services.

  • 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.

However, we may offer you certain financial incentives permitted by the state of Illinois that can result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

The Rights of Virginia, Colorado, Connecticut, and Utah Residents

This Privacy Notice for Virginia, Colorado, Connecticut, and Utah Residents supplements the information contained above.  This supplement for Virginia, Colorado, Connecticut, and Utah applies solely to all visitors, users, and others who reside in these states (“consumers” or “you”).  

If you reside in any of these states, you may take advantage of the following rights in accordance with each state’s applicable laws:

  • Right to Know/Access. You may request to confirm whether we process your personal data and to access such personal data.

  • Right to Deletion. You may request that we delete personal data you provide by or obtained about you.

  • Right to Correction of Inaccurate Data. You may request that we correct inaccurate personal data about you, taking into account the nature of the personal data and the purposes of the processing of the consumer’s personal data.

  • Right to Data Portability.  You may request to obtain a copy of your personal data that you previously provided to us and to receive it in a portable and, to the extent technically feasible, readily usable format that would allow you to transmit the data to another controller without hindrance, where the processing is carried out by automated means;

  • Right to Opt Out of Sale, Profiling, and Processing for Targeted Advertising. You have the right to opt out of the processing of your personal data for purposes of (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning the consumer.  

To exercise any of your rights described above, please submit a consumer request by:

  • Calling us at 312.690.7295

  • Emailing us at rewards@bhospitalityco.com

A known child’s parent or legal guardian may invoke such consumer rights on behalf of the child regarding processing personal data belonging to the known child. 

We respond to authenticated consumer requests without undue delay, and within 45 days of receipt of the request, pursuant to the methods described in the Virginia CDPA.  We may extend the response period once by 45 additional days when reasonably necessary, considering the complexity and number of your requests, and if we do so, we will inform you of any such extension within the initial 45-day response period, together with the reason for the extension.

The information we provide in response to an authenticated consumer request will be provided free of charge, up to twice annually per consumer.  If a consumer’s request is manifestly unfounded, excessive, or repetitive, we may charge the consumer a reasonable fee to cover the administrative costs of complying with the request or decline to act on the request.  We will take reasonable steps to authenticate your identity prior to responding to your requests. The authentication process will vary depending on the sensitivity of the personal information and whether you have an account with us.  We will use commercially reasonable efforts to authenticate the identity of authorized agents and their authority to submit requests on your behalf.   We are not required to fulfill a request, may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations.  In the event we deny your request, you have the right to submit an appeal if you are not satisfied with the outcome.  You must submit your appeal within a reasonable time after receiving our decision to deny your request.  You may submit an appeal by contacting us via either of the two contact methods listed above


 

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