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Privacy Policy Last updated March 22, 2011 This Privacy Policy discloses the privacy practices for the Beyond 21, Inc. website (collectively, the “Websites” located at www.GoDineOut.com and www.restauranteur.com). Beyond 21, Inc., a Colorado corporation, the provider of the Website (referred to as “us” or “we”), is committed to protecting your privacy online. Please read the following to learn what information we collect from you (the “User” or the “End User”) and how we use that information. If you have any questions about our privacy policy, please email us. PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND TO ALL THE TERMS OF THIS PRIVACY POLICY AND OUR WEBSITE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE. 1. Changes to Privacy Policy If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, or by means of notice on our home page. 2. Types of Information Collected and Uses of Collected Information We collect Personally Identifiable Information about our Website Users. Personally Identifiable Information. Personally Identifiable Information is information that identifies a specific End User. When you engage in certain activities on the Website, such as ordering a product or service from us, sending us or our partners feedback, requesting information about our services, or applying for a job, through the Website (collectively, “Identification Activities”), we may ask you to provide certain information about yourself. It is optional for you to engage in an Identification Activity. If you elect to engage in an Identification Activity, however, we may ask you to provide us with certain personal information about yourself, such as your first and last name, mailing address (including zip code), email address, and telephone number. When you order products or services, we may also ask you to provide us with your credit card number, expiration date and authentication codes or related information. Depending on the activity, some of the information we ask you to provide is identified as mandatory and some is identified as voluntary. If you do not provide the mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity. We use Personally Identifiable Information to provide products and services to you. For example, if you send our customer service an email we may use your comments and feedback to tell others about our services, and may post your comment in our marketing materials or on our Website. Your comments may contain personal information such as your name. We will obtain consent from you to post your name along with your comment prior to posting your comment for public view. In addition, if you use our Website to send information or a product to another person, we may store your personal information. We may also use Personally Identifiable Information to troubleshoot, resolve disputes, accomplish administrative tasks, contact you, enforce our agreements with you, including our Website Terms of Use and this Privacy Policy, comply with applicable law, and cooperate with law enforcement activities. 3. Release of Personally Identifiable Information We will not share, sell, rent, or trade your Personally Identifiable Information with other parties except as provided below: We may share your information with Beyond 21, Inc. Merchants. From time to time, we provide E-Certificates from particular merchants (referred to as “Beyond 21, Inc. Merchants”) who, as part of the E-Certificate redemption process, require information on Beyond 21, Inc. customers who purchased the E-Certificate in order to aid in validation of the E-Certificate. In those cases, we share some of your Personally Identifiable Information with Beyond 21, Inc. Merchants. Sharing this Information may allow a Beyond 21, Inc. Merchant to market directly to you should they choose to do so. However, we will only share Personally Identifiable Information with a Beyond 21, Inc. Merchant if you engage in an Identification Activity, and then only to the Beyond 21, Inc. Merchant involved in that Identification Activity. We specifically disclaim any responsibility or liability for the actions of such Beyond 21, Inc. Merchant. While we inform them that they are only permitted to communicate with you for the purposes of the specific promotion with Beyond 21, Inc., we do not have any responsibility for the actions of the Beyond 21, Inc. Merchant, and the actions of the Beyond 21, Inc. Merchant are not in our control. We may share your information with Authorized Third Party Service Providers. We may share your Personally Identifiable Information with such Service Providers to process credit card payments and provide customer service. For example, when you order an E-Certificate, we release your credit card information to the card-issuing bank to confirm payment for the product. We encourage Beyond 21, Inc. Merchants and Third Party Service Providers to adopt and post privacy policies. However, the use of your Personally Identifiable Information by such parties is governed by the privacy policies of such parties and is not subject to our control. We may share your information in a Business Transfer. As with any other business, we could merge with, or be acquired by, another company. If this occurs, the successor company would acquire the information we maintain, including Personally Identifiable Information. However, Personally Identifiable Information would remain subject to this Privacy Policy. We may share your information for our Protection and the Protection of Others. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website; enforce or apply this Privacy Policy, our Website Terms of Use or other agreements; or protect the rights, property or safety of the Website, its Users or others. 4. Release of Non-Personally Identifiable Information We may disclose or share Non-Personally Identifiable Information with Partners, Affiliates and Advertisers. For example, we may share aggregated demographic information (which does not include any Personally Identifiable Information) with “Third Party Advertisers” or “Third Party Advertising Companies” and other parties as provided below: We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here. We also use Third Party Service Providers to track and analyze Non-Personally Identifiable usage and volume statistical information from our Users to administer our Website and constantly improve its quality. We may also publish this information for promotional purposes or as a representative audience for Advertisers. Please note that this is not Personally Identifiable Information, only general summaries of the activities of our Users. Such data is collected on our behalf, and is owned and used by us. 5. User Choices on Collection and Use of Information As discussed above, you can always choose not to provide information, although it may be required to engage in a certain activity on the Website. As a condition of purchase of our products, we may send you Promotional emails about our products and promotional offers. You do have a choice with respect to Promotional Emails. Promotional Emails advertise our products and services, including exclusive sales and other offers. If you do not want to receive Promotional Emails from us, you may elect to opt-out of receiving Promotional Emails at any time by completing the form at www.GoDineOut.com/unsubscribe.htm, or by hitting the “unsubscribe” button at the bottom of any of our e-mails. When contacting us, please indicate your name, address, email address, and what Promotional Emails you do not want to receive. 6. Security of Information We take security seriously and take numerous precautions to protect the security of Personally Identifiable Information. We encrypt certain sensitive information (such as credit card information) using Secure Socket Layer (SSL) technology to ensure that your Personally Identifiable Information is safe as it is transmitted to us. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we employ commercially reasonable security measures to protect data and seek to partner with companies which do the same, we cannot guarantee the security of any information transmitted to or from the Website, and are not responsible for the actions of any third parties that may receive any such information. 7. Data Tracking We may use Third Party Advertising Companies to display advertisements on our Website. As part of their service, they may place separate cookies on your computer. We have no access to or control over these cookies. This Privacy Policy covers the use of cookies by our Website only and does not cover the use of cookies by any Advertiser. Most browsers automatically accept cookies, but you may be able to modify your browser settings to decline cookies. Please note that if you decline or delete these cookies, some parts of the Website may not work properly. 8. Privacy Policies of Third Party Websites This Privacy Policy only addresses the use and disclosure of information we collect from you on www.GoDineOut.com and www.restauranteur.com. Other websites that may be accessible through this Website have their own privacy policies and data collection, use and disclosure practices. If you link to any such website, we urge you review the website’s privacy policy. We are not responsible for the policies or practices of third parties. 9. Miscellaneous Privacy Issues Notice of Privacy Rights to California Residents. California law requires that we provide you with a summary of your privacy rights under the California Online Privacy Protection Act (the “Act”) and the California Business and Professions Code. As required by the Act, we will provide you with the categories of Personally Identifiable Information that we collect through the Website and the categories of third party persons or entities with whom such Personally Identifiable Information may be shared for direct marketing purposes at your request. California law requires us to inform you, at your request, (1) the categories of Personally Identifiable Information we collect and what third parties we share that information with; (2) the names and addresses of those third parties; and (3) examples of the products marketed by those companies. The Act further requires us to allow you to control who you do not want us to share that information with. To obtain this information, please send a request by email or standard mail to the address found below. When contacting us, please indicate your name, address, email address, and what Personally Identifiable Information you do not want us to share with Affiliated Businesses or Marketing Partners. The request should be sent to the attention of our legal department, and labeled “California Customer Choice Notice.” Please allow 30 days for a response. Also, please note that there is no charge for controlling the sharing of your Personally Identifiable Information or requesting this notice. 10. Contacting Us Corporate Address For Customers: |
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