Privacy Policy

Last updated August 23, 2023

Eat’n Park Hospitality Group, Inc. (collectively, “we”, “our” and/or “EPHG”) has prepared this privacy policy (this “Privacy Policy”), to provide visitors to its websites, and any affected data subjects with important information about the personal data we collect, use, transfer and/or process in the course of operating the following websites and mobile applications:

Websites – the following websites, collectively referenced as the “Websites”:

(i)           http://eatnpark.com/ (the “EP Website”);

(ii)          http://hellobistro.com/ (the “HB Website”);

(iii)          http://dineattheporch.com/ (the “Porch Website”); and

(iv)          https://smileycookie.com/ (the “SmileyCookie Website”).

 

Mobile applications - the following mobile applications, collectively referenced as the “Mobile Applications”:

(v)           the Eat’n Park mobile application (the “EP APP”); and

(vi)          the Hello Bistro mobile application (the “HB App.  

 

The Websites and the Mobile Applications are collectively referred to as the “Sites.”  This Privacy Policy is specific to the Sites, and does not apply to any of our other websites or any other platform, dashboard, portal or application.  The Sites are designed and intended for adults, and we do not target the Sites, or any portion of any Site, to children under the age of 13.

In this Privacy Policy, you will find information about the types of personal data we collect regarding you as a visitor and/or user of our Sites, how and why we process such personal data, with whom we may share such information, as well as how we protect your information.  Additionally, in this Privacy Policy, we also describe the processes by which you may contact us in order to exercise your options to: (1) access, correct, restrict, or delete your personal data; (2) object to the use of certain aspects of your personal data; and (3) ask any questions you may have about our privacy practices.  Please take note as well of those practices described in this Privacy Policy specifically stated to be necessary and/or integral, to your visit and/or use of our Sites.  Where specifically noted below, exercising your rights as described herein may affect your ability to continue to access or use our Sites. 

This Privacy Policy may be updated and/or otherwise revised periodically to reflect changes in our data use practices and/or policies.  We will post notices of all such changes on our applicable websites, application, platforms and/or materials and the “Effective Date” noted above will indicate when this Privacy Policy was most recently revised.  Except as may be otherwise required under applicable law, revisions to this Privacy Policy will be effective on the Effective Date noted without any other notice or approval by you.  In certain jurisdictions, applicable law may require additional processes and procedures, in which case, revisions to this Privacy Policy will not be effective until we have met our obligations accordingly.

1.      Site Operator

            EPHG is the operator of each of the Sites and as such is the party responsible for the privacy practices set forth herein.

For any questions or concerns, you may contact us as follows:

Eat’n Park Hospitality Group, Inc.

285 East Waterfront Drive

Homestead, PA 15120

E-mail: comments@eatnpark.com

Website: http://eatnpark.com/

               http://hellobistro.com/

               http://dineattheporch.com/

               https://smileycookie.com/

 2.     Personal Data & Special Categories of Data

For the purpose of operating the Websites and Mobile Applications, we receive the following types of personal information submitted by you and collected by us as described below (as further detailed below, “Personal Data”):

a.     Contact Information – We collect your contact information, which includes your name, phone number and email address.

b.     Registration Information – For purposes of creating an account with any of our Websites or Mobile Applications you will be required to provide us with your name, date of birth, email address, phone number and create a unique password. 

c.     Online Order – When you place an online order through one of our Websites or our Mobile Applications you will be asked to provide your name, email address, address and phone number, depending on the Website or Mobile Application you order from.  As further described in Section 5(b) below, we may use third-party vendors to process online orders (including for order fulfilment and shipping) for visitors to our Sites on our behalf.  Any Personal Data that you provide to such third-party vendors for purposes of placing an online order will be subject to such vendor’s privacy policies and procedures.

d.     Correspondence and Feedback – When you contact us or provide us with feedback, suggestions or to submit a complaint regarding any of our Sites, we may collect personal information from you, such as your name and email address.  Depending on the Site you contact us through we may also collect your address, phone number and your age.

e.     Payment Card Data – When you place an online order with one of our Sites you will be required to make a payment for your order online.  In order for us to process your order you will be directed to one of our third-party payment processing vendors to process the payment of your online order, as further described in Section 5 below.  In order to process your payment the vendor will collect certain payment information from you, including the name of the cardholder, the card number, expiration date, CVV and the zip code associated with the card. 

f.      Text-based Marketing – If you order online through our HB Website or EP Website, you have the ability to opt-in to receive text-based marketing messages about our Hello Bistro or Eat’n Park restaurants from us.  Alternatively, you can text us to opt-in, more information can be found on the Sites. Those who wish to receive text-based marketing messages may be asked to provide us with a phone number, name, email and date of birth. 

g.     Traffic Data – in addition to the Personal Data that you voluntarily provide, we also collect certain traffic data from you that is automatically generated (“Traffic Data”).  This Traffic Data may include, without limitation, geo-location(s), browsing history, purchasing history, unique device IDs and how you use the Websites.  These types of information do not generally identify or relate to you as an individual, but we may associate these types of information with you as an individual.

3.     How We Obtain Personal Data

 a.     Account Registration or Online Order – when you register for an account with one of our Sites or place an order online you will be required to provide certain Personal Data, as described in Section 2 above.

b.     Use of the Sites – while using the Sites we may request permission to access and store your geo-location data in order to provide you with location-based services, such as restaurant selection based on your location. 

c.     Contact – if you reach out to us for support or with feedback, suggestions or complaints, we will collect your name, phone number and email address to provide you with appropriate assistance.

d.     Payment – in order for us to process any online orders that you place through our Sites you will be required to provide certain Personal Data, as described in Section 2 above.

e.     SMS Marketing – if you opt-in to receive SMS marketing messages you will be required to provide us with you phone number, name, email and birthdate, as described in Section 2.

4.     Data Use and Data Retention – We do not sell your Personal Data to third-parties.  We use Personal Data that we receive hereunder only as necessary to provide you with access and use of our Sites, subject always to your options to manage your Personal Data as set forth in Section 6 below:

a.     Sites Use and Functionality – We use certain Personal Data in order to provide you with access to and use of the Sites.  As an example, when you use one of our Websites we may ask to use your geolocation information to provide you with restaurants selections based on your location.  The Websites may not operate correctly if you do not grant your permission to EPHG to access and store your geo-location data.  You may refuse such permission, or subsequently opt-out by adjusting the browser settings; but you acknowledge that you may not be able to continue and/or proceed with use of the Websites if you do so.

b.     Online Orders – When you place an online order through one of our Websites or Mobile Applications (as applicable) we will use the Personal Data you provide to us in order to fulfil and track your orders and to make your orders available for pick-up or have your order shipped to you.

c.     Support – When you contact us with inquiries, suggestions, feedback, complaints or for support we will use the Personal Data that you provide to us in order to appropriately respond to your requests and to assist you.

d.     Marketing and Advertising – If you elect to opt-in to receive text-based marketing messages we will use the phone number you provide us with to send you text-based marketing messages.  You may opt-out of receiving such text-based marketing messages at any time by replying “STOP.”  Standard messaging and data rates may apply.  Additionally, we may from time to time send you interest based marketing emails to the email address you provided; provided that you have opted in to receiving such emails from us.  You may opt-out of receiving such marketing email at any time.

e.     Performance and Improvement – We monitor information on visitor activity within our system,  track the performance of the Sites, detect trouble-shooting and overall improve the Sites. 

f.      Compliance with Legal Obligations – In addition to the use and sharing of Personal Data for the purposes of providing access and use of our Sites, we process Personal Data received hereunder to comply with our own legal and regulatory obligations.  For example, we may process personal information to comply with: record keeping requirements, reporting requirements, court order, law enforcement order, and other legal and/or regulatory requirements.

g.     Legitimate Interests – We may also use Personal Data collected hereunder in circumstances other than as expressly described above in connection with the services we provide; provided, however that any such additional processing may only occur when there is a legitimate interest to do so that is not overridden by your data protection rights as required by applicable law.  The types of processing/uses contemplated hereunder may include, without limitation, for our own administrative and business needs, audits and self-assessments for compliance with applicable laws, regulations, court order, law enforcement order, and applicable workplace policies, and for information technology purposes including without limitation trouble shooting, business continuity, disaster recover, data backup and recovery.

h.     Data Retention – We generally retain Personal Data for the periods specified by applicable law, regulation, and/or court order, and in our document retention/filing policies, but in no event any longer than reasonably necessary for the specific purposes such Personal Data was collected.  We may also retain Personal Data for longer periods where there is a reasonable basis for retaining such data, including without limitation in connection with the establishment, exercise or defense of legal claims.

5.      Onward Transfers –  We will not sell, share, transfer, disclose, rent, use, or distribute Personal Data hereunder for purposes other than as set forth in this Privacy Policy, unless required by law or as expressly authorized by a data controller as described above.    

a.     Third-Party Payment Processor – We use Worldpay, Inc. (formerly known as Vantiv) (“Worldpay”) to process the payment of any online order that you place through our EP Website, HB Website and Porch Website.  In order for Worldpay to process your payment you will be required to provide Worldpay with certain personal information, as described in Section 2(e) above.  Worldpay processes your Personal Data in accordance with Worldpay’s terms of use and privacy policy available at: https://worldpay.fisglobal.com/sitecore/content/fis/global/home/terms-of-use and https://worldpay.fisglobal.com/sitecore/content/fis/global/home/privacy. 

b.     Third-Party Online Ordering Solutions Provider – We use certain third-party providers to provide online ordering solutions for our Sites.  Currently we use Tillster.  In order for us to process your online order you will be required to provide these providers with certain Personal Data, as described in Section 2(c) above.  Any Personal Data that you provide to such providers will be subject to such provider’s privacy policies and procedures.  You can find Tillster’s privacy policy at: https://www.tillster.com/privacy-policy.   

c.     Marketing and Advertising – From time to time we may use certain third-party vendors for marketing and advertising purposes.  We currently use Braze for our email based and mobile app marketing and advertising needs.  In connection with our marketing and advertising efforts, we share certain Personal Data with our providers, including your name, email address and phone number.  Any Personal Data that you provide to such providers will be subject to such provider’s privacy policies and procedures.  You can find Braze’s privacy policy at: https://www.braze.com/company/legal/privacy.  As described in Section 4(c) above, any email marketing you may receive from us is on an opt-in basis.  If you elect to opt-in you can opt-out of our email marketing messaging at all times.

d.     Job Portals – Our Websites provide you with the ability to apply for jobs with EPHG.  When you apply you will be directed to a third-party job application portal.  Any Personal Data that you may provide for purposes of you job application will be collected, processed and stored by that third-party and is subject to such third-party’s privacy policies and procedures.  Our current third-party provider is Talentreef.  You can view Talentreef’s privacy policy at: https://www.talentreef.com/privacy-policy/.  Any Personal Data that you provide during the job application process will only be shared with us for purposes of evaluating you for the specific job opening you applied for.  We may share your Personal Data internally for purposes of finding you job openings similar to the job opening you applied for.

e.     SmileyCookie Website – We use a third-party e-commerce platform to operate our SmileyCookie Website.  As you visit and interact with the SmileyCookie Website, you may be required to provide our third-party e-commerce provider with certain Personal Data, in order to for instance place and process your orders on the SmileyCookie Website.  Our current e-commerce provider for the SmileyCookie Website is Shopify (“Shopify”).  You can view Shopify’s privacy policy at: https://www.shopify.com/legal/privacy.

f.      SmileyCookie Third-Party Payment Processor – We use Shopify Payments to process the payment of any online order that you place through our SmileyCookie Website.  In order for Shopify to process your payment you will be required to provide Shopify with certain personal information, as described in Section 2(e) above.  Shopify processes your Personal Data in accordance with Shopify’s terms of service and privacy policy available at: https://www.shopify.com/legal/terms-payments-us and https://www.shopify.com/legal/privacy.

g.     Exigent Circumstances – In addition to the disclosures set forth above, we will disclose Personal Data about you: (1) if we are required to do so by law or legal process, (2) to law enforcement authorities, judiciary or other government officials, (3) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss in connection with an investigation of suspected or actual illegal activity; or (4) if necessary to protect the vital interests of any person.

6.     Data Management – We respect the individual rights you may have in your Personal Data.  Accordingly, we provide you with the following options with respect to our use of your Personal Data.

You can contact us to exercise your options to (i) opt-out of the selling or sharing of your Personal Data, (ii) opt-out of the use of your data for targeted advertising and profiling, (iii) delete your Personal Data, (iv) access and receive a copy of your Personal Data, or (v) correct your Personal Data.  We will work to honor your request and assist you with respect to such requests, where appropriate and in compliance with applicable law.

In order to meet our obligations under applicable law, we may take reasonable steps to verify your identity before responding to demands as set forth in this Section 6.

We may use your Personal Data for behavioural advertising. You can elect to op-out of targeted advertising by using this link:

For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work

You can opt out of targeted advertising by: 

FACEBOOK - https://www.facebook.com/settings/?tab=ads 

GOOGLE - https://www.google.com/settings/ads/anonymous 

BING - https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads] 

7.      Complaints, Concerns, Recourse – In the event you believe EPHG has failed to protect your privacy or you have unresolved concerns about the use of your Personal Data, please immediately submit your concerns to us at: comments@eatnpark.com.  Please provide details regarding your concerns and include full contact information so we can respond as quickly and completely as possible.

8.       Website Operations

a.       Cookies –  We may use both persistent and session “cookies” to provide customer efficiencies such as automatic filing in standard information on return visits, track website interactions or for authentication purposes.  “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive.  Most web browsers automatically accept cookies, but most browsers also allow you to configure your web browser to refuse cookies or to notify you before a cookie is set.  You can also manually view (and delete) any cookies stored on your computer. To learn more about the cookies we collect and how to select your preferences please take a look at our cookie policy available at: www.allaboutcookies.org

9.       Analytics and Tracking

a.       Google Analytics – We may use functions of Google Analytics, a web analytics service provided by Google, Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google").  Google Analytics uses "cookies" to help us analyze how our website visitors are directed to our websites, and how our users use and view our Websites, including visitor behavior and time spent on our websites.  Any information generated by the cookie about your use of our Website (including any particulars about your browser and configuration as reported by your browser) may be transmitted to and stored by Google on servers in the United States.  Please note any information collected by Google Analytics cookies do not include personally identified information (such as names, e-mail addresses, and payment information).  Google may use the information collected for the purpose of enabling us to evaluate your use of our Websites, certain aspects of your user experience thereon, compiling reports on activity for us and providing other services relating to our Websites and internet usage.  Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. More information on the Google Analytics cookies are available from Google at: https://support.google.com/analytics/answer/6004245?hl=en#zippy=%2Cgoogle-analytics-cookies-and-identifiers.

10.     Do Not Track – Do Not Track (DNT) is a privacy preference that you can set in certain web browsers.  When you turn on DNT, the browser may send a signal or other message to web services requesting that they not track you.  Currently, as part of our web-based information collection practices we do not respect DNT signals that are sent by browsers to our our system.  For more information about DNT, please visit AllAboutDNT.org.

 

HOW TO CONTACT US 

In order to exercise your rights hereunder, if you have any questions about this Privacy Policy and/or our processing of Personal Data, you may contact us in accordance with the information set forth in Section 1 above.