INTRODUCTION
When you (i) access any of the following which are owned or operated by Tacodeli Holdings, Inc. or our affiliates (collectively, “Tacodeli”, “us”, “we”, “our”) (a) tacodeli.com (the “Website“), (b) the Tacodeli application available in the Apple App Store or the Android Apps on Google Play (the “Apps”), (c) restaurant location, or (d) the Tacodeli social media platforms or any other digital service that is owned or operated (together with the Website and the Apps, the “Platforms”) or (ii) use any content, functionality, and services offered on or through the Platforms, whether as a guest or a registered user, including without limitation, our (a) online, telephonic, or in-person ordering or catering services to purchase our goods, products and services (“Ordering”), (b) loyalty programs, contests, sweepstakes or promotions (“Promotions”), and (c) other events, services, digital membership products, and interactive services (together with Ordering and Promotions, the “Services”), you are providing us with your data and we have a responsibility to respect your privacy. By accessing the Platforms or using the Services, you agree to the terms of this privacy policy (this “Policy”). From time to time, we may update this Policy as described below. Your continued use of the Platforms and/or the Services after we make changes to the Policy is deemed to be acceptance of such changes; please check the Policy periodically for updates.
This Policy describes the types of information that may be collected by the Platforms or in connection with the Services and our practices for collecting, using, maintaining, protecting, and disclosing that information. It does not apply to information collected through any other means, including on any other website operated by any third-party, including Third Party Service Providers (as defined below), that may link to or be accessible from or on the Platforms. If you choose to interact with features from third parties that operate independently from us, such as social media widgets and links to third-party websites, we have no control over, and are not responsible for, the privacy practices of such third parties, and we recommend that you familiarize yourself with the privacy practices of those third parties.
Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use the Platforms or the Services.
INFORMATION WE COLLECT
When you use our Services, 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, household, or device (“personal information”). However, personal information does not include:
In particular, we have collected the following categories of personal information from our customers within the last twelve (12) months:
| Category
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Common Examples
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| Identifiers.
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A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, phone number, account name, or other similar identifiers.
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| Personal information categories.
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A name, address, telephone number, credit card number, debit card number, or any other financial information.
Some personal information included in this category may overlap with other categories.
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| Protected classification characteristics (including related sensitive data) under California, Texas, or federal law; known child data. | Age (40 years or older) or date of birth. |
| Commercial information.
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Products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
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| Genetic or Biometric information (including sensitive data).
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Behavioral patterns.
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| Internet or other similar network activity.
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Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
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| Geolocation data (including sensitive data).
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Physical location; Precise geolocation data.
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| Inferences drawn from other personal information; Profiling; Pseudonymous data (including sensitive data).
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Profile reflecting a person’s preferences, behavior, interests, location, or movements.
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We collect this information:
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with the Platforms, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (e.g., behavioral tracking).
The information we collect automatically is only statistical data. It helps us to improve the Platforms, the Services, and to deliver a better and more personalized service, including by enabling us to:
Information You Provide to Us
If you contact us on or through the Platforms or otherwise order products or services on or through the Platforms or in connection with Ordering, the information we collect may include personal information such as name, e-mail address, telephone number, credit card or debit card number, security code, expiration date, and related contact information (which may or may not be tokenized) (collectively, “Credit Card Credentials”), billing address, shipping address, and any other information you provide to us, including records and copies of your correspondence. This information allows us to process and fulfill your order, if any, placed through the Platforms or otherwise in connection with Ordering, and to notify you of your order status and provide you with access to your purchased Services, goods and products.
Automated Text Messages
If you sign up on the Platforms (or Third Party Service Provider sites through the Platforms) for automatic text messages, text messages may be sent to you via an automatic telephone dialing system. Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. If you are experiencing any problems with our text messages, please request support using the contact information included below. See the “Third Party Service Provider” section of this Policy for links to information regarding Automated Text Messages from Third Party Service Providers. You will not be required to open an account to opt-out, but you may be required to opt-out through your existing account.
HOW WE USE YOUR INFORMATION
We use information that we collect about you or that you provide to us, including any personal information, to:
DISCLOSURE OF YOUR INFORMATION
We may disclose aggregated information about you and our other visitors to our Platforms and users of the Services, and information that does not identify any individual, without restriction.
We may disclose personal information that we collect, or you provide, as described in this Policy:
In addition, we may also disclose your personal information:
OUR USE OF TRACKING TECHNOLOGIES
The technologies we use for this automatic data collection may include:
When you use the Platforms, we may place one or more cookies in your browser. These are required to enable to hold session information as you navigate from page to page within the Platforms. In addition, we use cookies through the Platforms to understand visitor and user preferences, improve their experience, and track and analyze usage, navigational, and other statistical information.
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your web browser default settings to remove cookies and to reject cookies. However, if you choose to remove cookies or reject cookies, this could affect certain features of our Platforms and the Services.
OUR RETENTION OF YOUR INFORMATION
We will only keep your personal information for as long as it is necessary for the purposes set out in this Policy or as needed to provide the Services to you, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
THIRD PARTY SERVICE PROVIDERS
We may use Third Party Service Providers to provide the Services and the Platforms and to monitor and analyze your use thereof, including without limitation:
You will not be required to open an account to opt-out, but you may be required to opt-out through your existing accounts.
PAYMENT TRANSACTIONS; STORED CREDENTIALS
You acknowledge and agree that credit and debit card transactions conducted through the Platforms will be processed using a Third Party Service Provider and, in connection with such payment transactions, your personal information (including your Credit Card Credentials) will be transmitted to such Third Party Service Provider. By submitting your Credit Card Credentials in connection with a payment transaction, Ordering, and/or the Loyalty Program, you authorize such Third Party Service Providers to charge your credit card for the amount and frequency indicated and agreed upon. We require that any Third Party Service Providers processing payments is compliant with FERPA and the GLB Act.
In connection with your participation in the Loyalty Program and/or during the checkout process in connection with the Ordering Services, you may opt to store your Credit Card Credentials in or through the Platforms and certain Third Party Service Provider programs or services to assist you with completing future transactions (your “Stored Credentials”). By clicking “I Agree” and/or saving your Credit Card Credentials on the Platforms or in such Third Party Service Provider programs or services, you are providing your consent and authorization to Tacodeli or such Third Party Service Providers to store, for the purpose of processing or tracking future transactions, your Credit Card Credentials on the terms set forth in the Stored Credential Consent Agreement linked on the payment processing/opt in page. The Stored Credentials may be held by Third Party Service Providers or Tacodeli in connection with the Ordering or Promotion Services. For information about managing your privacy and security settings with certain Third Party Service Providers, see “Third Party Service Providers” section of this Policy. You may discontinue the use of your Stored Credentials by changing, as applicable: (i) the settings in your Tacodeli account by submitting a written request to us the address in the “Contact Us” section of this Policy or (ii) your account with any such Third Party Service Providers by following the instructions set forth in such Third Party Service Provider’s privacy policy or account dashboard.
OUR PROTECTION OF YOUR INFORMATION
We take steps to secure personal information you provide to us through implementing appropriate administrative, technical and organizational security measures designed to protect personal information against the risk of accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, catering services, mailing lists or informational pamphlets) are granted access to personal information. The computers and servers on which we store personal information are kept in a secure environment.
You acknowledge and agree that we cannot guarantee that the internet itself is 100% secure. While we will attempt to protect your personal information, transmission of personal information to and from the Platforms and via the Services is at your own risk. You should only access the Platforms and the Services within a secure environment.
CHILDREN
Parents should always supervise their children while online. The Platforms and the Services are not designed nor intended to collect personal information from children under the age of thirteen (13). So that we may comply with the Children’s Online Privacy Protection Act, we ask that children under the age of thirteen (13) not provide any personal information through the Platforms or via the Services, through purchases or otherwise. If a child under the age of thirteen (13) has provided us with personal information, we ask that a parent or guardian contact us at the address in the “Contact Us” section of this Policy.
MANAGING YOUR PERSONAL INFORMATION
You may manage your personal information by making certain choices. You have the right to (i) access, review, and correct your personal information we have on file, (ii) request that we delete your personal information we have on file, (iii) object to any information that we may collect related to your personal information we have on file, and (iv) withdraw your consent given to us to gather or use your personal information. You may also have additional rights detailed below depending on where you live. See the “Notice to California and Texas Residents”, “Additional Notice to Certain other U.S. Residents”, and “Additional Notice to Canadian Residents” sections of this Policy. If you wish to enforce any of the foregoing rights, please submit a written request to the address in the “Contact Us” section of this Policy. Upon receiving such written request, we will take commercially reasonable steps to provide you with an opportunity to access, delete, object to, or withdraw your consent to the gathering of your personal information.
DO NOT TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a DoNotTrack (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this Policy.
If you use Google you can opt-out of Google Marketing Platform’s use of cookies by visiting the Google Marketing Platform opt-out page or the Network Advertising Initiative opt-out page.
PROMOTIONS – NOTICE OF FINANCIAL INCENTIVE
We offer Promotions and other programs, benefits, and offerings to consumers related to the collection, retention, or sale of personal information that may be deemed a “Financial Incentive” or “price or service difference” under the CCPA. These offerings may involve collecting the following categories of personal information from customers who participate: identifiers; customer records; protected class and demographic information; commercial information and preferences; internet or other electronic network activity information and device information; audio, electronic, visual, or other sensory information; and inferences. We are providing you with this information so that you may make an informed decision on whether to participate in our Promotions and other programs, benefits and offerings. Examples of the programs we offer include:
for your review. You may cancel your membership or participation in the Loyalty Program at any time by emailing tacodeli@thanx.com. Our good-faith estimate of the value of your personal information obtained through the Loyalty Program is the value of the perks, benefits, and discounts we offer to you through the Loyalty Program. We have calculated such value by using the expense related to the benefit.
Each financial incentive or price or service difference related to submission and use of your personal information is based upon our reasonable but sole determination of the estimated value of such information, which takes into consideration, without limitation, estimates regarding the anticipated revenue generated from such information, the anticipated expenses which might be incurred in the collection, storage, and use of such information in the operation of our business, and other relevant factors related to the estimated value of such information to our business, as permitted under the CCPA.
By participating in any of the above Promotions and other programs, you agree that the benefits are reasonably related to the value of the personal information collected and retained.
Participation in our Promotions and other programs is always optional, and you can terminate participation at any time as explained in the applicable Promotion or program terms. You can also contact us at the address in the “Contact Us” section of this Policy to unsubscribe or cancel your participation in any Promotion or other program. You will not be required to open an account to opt-out, but you may be required to opt-out through your existing account.
USERS OUTSIDE OF TEXAS
Please note that Tacodeli is located in the State of Texas in the United States of America (“U.S.”) and provides the Platforms and Services, and processes your personal information, in Texas in the U.S. In addition, Tacodeli may subcontract the processing of your personal information to, or otherwise disclose your personal information to, Third Party Service Providers and trusted business partners in U.S. States other than Texas and/or countries other than your country of residence, including the U.S., in accordance with applicable law. Such Third Party Service Providers may be engaged in, among other things, the provision of our Platforms and Services to you, the processing of transactions, the storage of your Stored Credentials, and/or the provision of support services. By providing us with your personal information, you acknowledge any such transfer, storage, or use.
NOTICES FOR CALIFORNIA AND TEXAS RESIDENTS
This section applies to applies to (i) all visitors, users, and others who reside in the State of California and is adopted to comply with laws governing residents of the State of California, including the CCPA and (ii) all individual/household visitors, users, purchasers and others that are residents of Texas and is adopted to comply with the laws governing residents of the State of Texas including the TDPSA. This Section does not apply to employment-related personal information collected from California-based or Texas-based employees, job applicants, contractors, or similar individuals, as applicable.
The CCPA and the TDPSA provide consumers (California and Texas residents, as applicable) with specific rights regarding their personal information. This section describes the rights of California and Texas residents, as applicable, and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request (see “Exercising Access, Data Portability, and Deletion Rights” section of this Policy), we will disclose to you the following in a portable, and to the extent technologically feasible, readily usable format that allows you to transmit the data to another controller without hinderance:
o sales, identifying the personal information categories that each category of recipient purchased; and
o disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see “Exercising Access, Data Portability, and Deletion Rights” section of this Policy), we will delete (and direct our Third Party Service Providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our Third Party Service Providers to:
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us at the address in the “Contact Us” section of this Policy.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent please e-mail us at the email address provided below and provide your name and phone number as well as the authorized agents’ name and contact information (phone number or email address) and let us know what the scope of the authorized agents’ rights are to act on your behalf. If your authorized agent requests sensitive information about you then we may ask you to provide us with a sworn declaration to further verify your identity.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We attempt to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more than ninety (90) days, we will inform you of the reason and extension period in writing.
We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the twelve (12)-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or unreasonable. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Appeal
If we inform you that we are unable to act upon your request, you may appeal such decision by submit an appeal request to us at the address in the “Contact Us” section of this Policy with the title “Appeal of Information Request Denial” within ninety (90) days of such denial. We shall inform you in wiring of any action taken or not taken in response to such appeal no later that sixty (60) days after our receipt of such appeal.
If we deny an appeal of a Texas resident, you may file a consumer compliant with the Office of the Texas Attorney General at https://oag.my.salesforce-sites.com/CPDOnlineForm.
Personal Information Sales/Targeted Advertising Opt-Out Rights
If you are sixteen (16) years of age or older, you have the right to direct us to not (i) sell your personal information and/or (ii) use your personal information for targeted advertising at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than sixteen (16) years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between thirteen (13) and sixteen (16) years of age, or the parent or guardian of a consumer less than thirteen (13) years of age. Consumers who opt-in to personal information sales/targeted advertising may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us at the address in the “Contact Us” section of this Policy with the title “Do Not Sell My Personal Information”.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time by contacting us at the address in the “Contact Us” section of this Policy.
You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
Non-Discrimination
We will not discriminate against you for exercising any of your CCPA/TDTSA rights. Unless permitted by the CCPA/TDPSA, we will not:
“Shine the Light” Law
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below with the subject line of “Request for California Privacy Information” in the subject line. Please be aware that not all information sharing is covered by the “Shine the Light” requirements and only information on covered sharing will be included in our response.
“Known Child” Information
If we process information of a known child, we will process such information in accordance with the Children’s Online Privacy Protection Act of 1998.
ADDITIONAL NOTICE TO CERTAIN OTHER U.S. RESIDENTS
If you are a resident of certain U.S. States, you may have some or all of the following rights. Specifically, these states include Nevada, Virginia, Colorado, Connecticut, Utah and Iowa. These rights are based on verifiable residency status, and we reserve the right to honor your request to exercise these rights based on your residency. You may have the right to request the following: (i) that we disclose and provide a copy of what personal information we collect, use, disclose and sell; (ii) that we delete your personal information, subject to certain exceptions; (iii) that we correct inaccurate or incomplete personal information; (iv) opt-out of the sale of personal information; (v) opt-out of targeted advertising; (vi) opt out of profiling in furtherance of decisions that produce legal or other similarly significant effects about you; and (vii) not receive discriminatory treatment by us for exercising these rights.
To make such a request, please submit a verifiable consumer request to us at the address in the “Contact Us” section of this Policy.
ADDITIONAL NOTICE TO CANADA RESIDENTS
We may use Third Party Service Providers located outside of Canada, including, without limitation, in the U.S., to process personal information, and may transfer your personal information to such Third Party Service Providers for this purpose. When your personal information is processed outside of Canada, it will be subject to the laws of the countries where the information is processed and may be accessible to law enforcement and national security authorities of those countries in accordance with their laws.
You may contact us at the address in the “Contact Us” section of this Policy to obtain information about our policies and practices regarding the use of Third Party Service Providers located outside of Canada.
If you live in Canada, in addition to the other rights you may have hereunder, you may have the right to (i) request access to, review and to correct inaccuracies or omissions in your personal information; (ii) to withdraw consent for collection, use or disclosure of, or to request deletion of, your personal information (provided that, if you do so, we may no longer be able to provide services to you that rely on such personal information); (iii) to ask questions about our policies and practices, and to lodge complaints about our compliance with them with us or with regulatory authorities; and (iv) for Quebec residents, to request an electronic copy of the personal information you have provided to us in a structured and commonly used technological format.
To make such a request, please submit a verifiable consumer request to us at the address in the “Contact Us” section of this Policy.
UPDATES TO THIS POLICY
We may update this Policy from time to time to reflect changes in our privacy practices or for any other reason. We will identify the date the Policy was updated by revising the “last updated” date shown at the bottom of this Policy. Any updated version of this Policy will be effective as soon as it is accessible on the Platforms. We encourage you to review this Policy frequently to be informed of how we are protecting your information.
CONTACT US
If you have questions regarding this Policy or wish to obtain additional information, please send an e-mail to privacy@tacodeli.com or write us at Tacodeli, Attention: Privacy Request, P.O. Box 5575, Austin, TX 78763.
Last updated: March 4, 2024
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