Privacy Policy

Updated February 10, 2021

Clevelanders Hamburgers is a registered fictitious firm name used by Downtown Foods, LLC. Downtown Foods, LLC, its subsidiaries, and affiliated entities (“Downtown Food,” “we”, “us” or “our”) respects the privacy of all of our guest and customers. We are committed to protecting guest /customer privacy through compliance with this privacy policy (“Privacy Policy”).  The purpose of this Privacy Policy is to provide information to our guest/customers regarding the use and disclosure of personal information, how information is collected, as well as the available rights and choices associated with the information. 

By using our site, you consent to the collection and use of personal information in accordance with this Privacy Policy  and our Terms of Use.  If you do not agree with any part of this Privacy Policy or the Terms of Use, you should not use or access our site, services, or order from us. This Privacy Policy covers everyone who uses any of the Sites defined below the user is referenced herein as “you”, “user”,  “guest”).  

SCOPE OF PRIVACY POLICY

  This Privacy Policy applies to all personal information collected during any written, electronic, or oral communications whether collected online or offline, in person or on social media or other, including but not limited to:

  1. Any of the following websites Clevelandershamburgers.com; Maderostreettacos.com; Elgallobreakfastburritos.com; or Nanjingnoodles.com, and all corresponding webpages, software applications, mobile applications that link to this Privacy Policy (collectively “Site”).
  2. Via your physical presence at any of our restaurants or store locations.
  3. When you participate with any promotional campaign, online/in store/ or direct mail advertising initiative (inclusive of applications that link to third party websites delivery services) if any such advertising initiative link to this Privacy Policy.

We reserve the right to update or modify this Privacy Policy from time to time without notice as permitted by law. Additionally, we reserve the right to make changes to information  previously collected, in accordance with applicable law. All changes will be effective immediately upon said change being posted on any of our above identified websites. 

Each of our above referenced websites may contain links to third-party websites, including delivery services and social media software applications and websites. The linked third party websites and social media applications are intended for your convenience only each might have their own privacy policies and data collection standards. We have no control over third party websites and social media applications and websites. Our customers/guest are encouraged to read and make their own determinations as to whether to participate in activities that might result in third-party data collection.

WHAT INFORMATION WE COLLECT 

We collect personal information each time a guest/customer interacts with one of the above referenced Sites. Personal information relates to the guest/customer’s personal identity as it identifies them personally, including but not limited to their name, mailing address, email address, telephone number, and associated social media information.  It will include information that is provided directly, information collected automatically, information provided by third-parties, and supplemental information secured with the intent to improve our personal information and to detect fraud.  Including the following information:

  1. Information Voluntarily Provided to Us – including information relating to the creation of an account on one of our above referenced Sites, third-party websites, in store visits, participation in promotions, contest, sweepstakes, surveys, and email communications which may include name, email address, postal address, telephone number, ages, zip code, telephone number, and/or unique individual passwords. Collected information may also include, information related to customer/guest use of features on the above referenced Sites that may include customers/guest grants to us of access to their camera or microphone on their computer or mobile device (such as voice search or scanning bar codes).  
  2.  Information from Third-Parties – When customer/guest interact with us through social media websites, or third party delivery websites, we may collect the above referenced information and additional personal information that is made available on  page or account, including the users  social media account ID and/or user name associated with that social media service, profile picture, email address, friends list or information about the people and groups that are connected to and how the user interacts with them, and any information the user has made public in connection with that social media service.  The information we obtain depends on users privacy settings on the applicable social media service; we will comply with the privacy policies of the social media platform and we will only collect and store such personal information that we are permitted to collect by those social media platforms. When the user access the Site or our services through social media channels or when they connect the Site to social media services, they are authorizing us to collect, store, and use such information and content in accordance with this Privacy Policy.
  3. Information Collected Automatically – We use automatic data collection technologies to collect certain information about equipment, browsing actions, patterns, and histories, including: 
    • Details of your visits to our Site, including, but not limited to, traffic data, location data, logs and other communication data and the resources that you access and use on the Site.
    • Information about your computer and internet connection, including your IP address, operating system, and browser type.
    • Information about the type of device you are using, mobile ad identifiers, the time and length of your visit, the website that referred you to our website, and the subject of the ads you click or scroll over.
    • Information about your preferences to make your use of the Site more productive, via the use of Cookies. 
  4.  Information Collected from Other Sources – We receive information about you from other sources to help us correct or supplement our records, improve the quality or personalization of our service to you, and prevent or detect fraud. Some information we collect is publicly available. For example, we may collect information you submit to a blog, a chat room, or a social network like Facebook, Twitter or Google+. We may also collect information about you from other companies and organizations. By gathering additional information about you, we can correct inaccurate information, enhance the security of your transactions, and give you product recommendations and special offers that are more likely to interest you.  We may use cameras in stores to keep employees and customers safe and to look for ways to improve our customer experience. We do not use these cameras to identify people except when necessary for security reasons.    

COOKIES AND OTHER TRACKING TECHNOLOGY

We may use cookies, embedded scripts, software development kits (“SDKs”) and other similar tracking technologies (collectively, “Tracking Technologies”) to collect additional personal information automatically as you interact with the Services and to personalize your experience with our Services. We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services.

COOKIES

Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information. The length of time a cookie will stay on your browsing device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your browsing device until they expire or are deleted. The cookies used on our Site and Services may be categorized as:

  • Strictly Necessary Cookies, which are needed for the Site or Services to operate as reasonably expected by you.
  • Functional or Preference Cookies, which remember your name or choices.
  • Performance or Analytic Cookies, which collect passive information about your use of the Site or Services.
  • Advertising or Targeting Cookies, which are used to make advertising messages more relevant and personalized to you based on your inferred interests.

We use first-party and third-party cookies for the following purposes: to make our Services function properly, to improve our Site or services, to make login to our Site or services easier (such as by remembering your User ID), to recognize you when you return to our Site, to track your interaction with the Site or services, to enhance your experience with the Site or services, to remember information you have already provided, to collect information about your activities over time and across third-party websites or other online services in order to deliver content and advertising tailored to your interests; and to provide a secure browsing experience during your use of our Site or services.

YOUR CHOICES

Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. You can exercise your preferences in relation to cookies served on our Site by taking the steps outlined below.

  • First-Party Cookies. You can use the browser with which you are viewing this Site to enable, disable or delete cookies. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies, you may not be able to access secure areas of the Site. Also, if you disable cookies other parts of the Services may not work properly. You can find more information about how to change your browser cookie settings at allaboutcookies.org.
  • Third-Party Cookies. To opt-out of third-party advertising networks and similar entities that use advertising cookies go to aboutads.info/choices. Once you click the link you may choose to opt-out of such advertising from all participating advertising companies or only advertising provided by specific advertising entities. For more information about third-party advertising networks and similar entities that use these technologies, please see aboutads.info/consumers.
  • Flash Cookies. Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Site. If you do not want Flash Cookies stored on your computer, you can adjust the settings of your Flash player to block Flash Cookies storage. Flash cookies are not managed by the same browser settings as are used for browser cookies, but may be managed here: macromedia.com/support/documentation.
  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out of interest-based targeting provided by participating ad servers through the Digital Advertising Alliance (optout.aboutads.info) or the Network Advertising Initiative (optout.networkadvertising.org). In addition, on your iPhone, iPad or Android mobile device, you can change your device settings to control whether you see online interest-based ads.

We do not control third-parties’ collection or use of your information to serve interest-based advertising. However, these third-parties may provide you with ways to choose not to have your information collected or used in this way. In addition, most web browsers provide help pages relating to setting cookie preferences. More information may be found for the following browsers here:

ANALYTICS

We may use third-party service providers to monitor and analyze the use of our Site. Presently, we use Google Analytics (we reserve the right to change our third-party provider without notice). Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports Site traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: policies.google.com/privacy. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: tools.google.com/dlpage/gaoptout.

BEHVIORAL REMARKETING

We also use remarketing services to advertise on third-party websites to you after you visited our Site or services. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service. We use Google Ads for these purposes. Google Ads remarketing service is provided by Google. You can opt-out of this by visiting the Google Ads Settings page: google.com/settings/ads.

OTHER TRACKING TECHNOLOGIES

We may also use Tracking Technologies to collect “clickstream” data, such as the domain name of the service providing you with Internet access, your device type, IP address used to connect your computer to the Internet, your browser type and version, operating system and platform, the average time spent on our Site, webpages viewed, content searched for, access times and other relevant statistics, and assign unique identifiers to the device or other credentials you use to access the Site for the same purposes.

Pages of our Site and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Pages of our Site may also use Java scripts, which are code snippets embedded in various parts of websites and applications that facilitate a variety of operations including accelerating the refresh speed of certain functionality or monitoring usage of various online components; entity tags, which are HTTP code mechanisms that allow portions of websites to be stored or “cached” within your browser to accelerate website performance; and HTML5 local storage, which allows data from websites to be stored or “cached” within your browser to store and retrieve data in HTML5 pages when the website is revisited.

DO NOT TRACK 

Some Internet browsers, such as Internet Explorer, Firefox, and Safari, include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our Site does not currently process or respond to “DNT” signals.

LOCATION INFORMATION

You may be able to adjust the settings of your device so that information about your physical location is not sent to us or third-parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions in your mobile device or browser settings. Please note that your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.

HOW WE USE YOUR INFORMATION

We will only use your personal information as described in this Privacy Policy or as disclosed to you prior to such processing taking place. The purposes for which we may use your personal information include:

  • Providing any services or products that you request or purchase in connection with the Site or services, such as ordering food or merchandice.
  • Processing job applications, including to communicate with you and to conduct applicant and employment-related statistical evaluation and record-keeping.
  • Contacting you regarding the administration of any features or functions of the Site or services you have registered to use.
  • Providing you with notices about your account, including expiration and renewal notices.
  • Carrying out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • Notifying you about changes to our Site, our policies, terms or any products or services we offer or provide though it.
  • Sending you marketing and promotional emails.
  • Responding to your questions or other requests.
  • Administering contests, sweepstakes, promotions and surveys.
  • Allowing you to participate in the interactive features of the Site or services.
  • Tailoring your experience on the Site or services and/or otherwise customizing what you see when you visit and use the Site.
  • Saving your user account, registration and profile data or other personal information (so you do not have to re-enter it each time you visit or use the Site).
  • Tracking your return visits to and use of the Services.
  • For research purposes, for marketing/promotional purposes and to provide anonymous reporting for internal and external clients and business partners.
  • Accumulating and reporting aggregate, statistical information in connection with the Site, services and user activity.
  • Determining which features and services users like best to help us operate the Site, enhance and improve our services and the Site, and display advertising and marketing information.
  • Tailoring your experience on the Site and/or otherwise customizing what you see when you visit and use the Site.
  • Keeping you secure and safe while using our Services, which requires us to process your personal information to combat spam, malware, malicious activities or security risks.
  • Improving and enforcing our security measures.
  • Responding to reviews, comments, or other feedback you provide us.
  • Maintaining legal and regulatory compliance.
  • Enforcing compliance with our terms and conditions and policies.
  • Protecting you, others and our business, including, without limitation, using information for fraud prevention.
  • For any other purpose disclosed to you prior to you providing us your personal information or which are reasonably necessary to provide the Site or other related products and/or services requested.
  • With your permission or upon your direction, we may disclose your personal information to interact with a third-party for other purposes.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please use the contact information in the “Contact Us” section below to notify us of your opt-out preference.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

SHARING AND DISCLOSURE OF PERSONAL INFORMATION

We may share or disclose your personal information in the following circumstances:

  • Service Providers. We may employ other companies and individuals to facilitate our Site or services (“Service Providers”), provide the services on our behalf, perform service-related activities or assist us in analyzing how our Site or services are used. These Service Providers provide us support services such as credit card processing, website hosting, email and postal delivery, location mapping, analytics and marketing services, or conducting academic research. The Service Providers have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. The Service Providers are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • Within Our Corporate Organization. We may share your personal information with our subsidiaries and affiliates in order to provide you with the Site or services and take actions based on your request, as well as for the purpose of management and analysis. For example, we may share your information with our subsidiaries and affiliated companies to administer our loyalty programs, process orders and requests, and expand and promote our Site and services.
  • Corporate Transactions. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Site users is among the assets transferred, and you agree to and do hereby consent to our assignment or transfer of rights to your personal information.
  • Third-party Advertisers. In certain circumstances we may share your personal information with third-parties to market their products or services to you if you have not opted out of these disclosures. We contractually require these third-parties to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • Co-Branded Services and Features. Portions of our Site or services may be offered as part of co-branded services and features. We will share your personal information with our co-branded partners based on your voluntary use of or participation in a co-branded service or feature. The co-branded partners will be identified on the co-branded feature or service, along with an applicable co-branded partner’s privacy policy. Use of your personal information by a co-branded partner will be subject to a co-branded partner’s privacy policy. If you wish to opt-out of a co-branded partner’s future use of your Personal information, you will need to contact the co-branded partner directly.
  • Consent. We may disclose your personal information for any purpose with your consent.
  • As Required by Law. We may disclose your information if we believe that the disclosure is required by law, if we believe that the disclosure is necessary to enforce our agreements or policies, or if we believe that the disclosure will help us protect the rights, property, or safety of or stores, or subsidiaries, or our customers or partners.

Please note that we may disclose, without restriction, aggregated or anonymized information about our users, which is information that does not identify any specific individual.

RETENTION

We will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. We will also retain Site and services usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Site, or we are legally obligated to retain this data for longer periods.

COMMUNICATIONS PREFERENCES

In order to provide service to you, we may send you communications related to your transactions, security, or the administration of this website. From time to time, we may also send you other messages or updates about any of our stores, brands, our website, and promotions or other activities. If you do not wish to receive non-transaction/security related communications from us, you may opt-out by clicking the “unsubscribe” link in the communication or contact us where specified in the “Contact Us” section, below.

You may also update information about your account with us. We will update and correct your profile if you wish to make changes. Please note that if you opt out of receiving communications from us, we may still send you service communications such as emails about your account or the status of your application.

Please note that “opt-out” and “unsubscribe” requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your Information shall remain subject to the prior privacy settings. Additionally, you should be aware that any Information provided to third-parties prior to your election to opt-out or unsubscribe will not be retrieved or rescinded, unless required by applicable law.

Similarly, you may opt in to receive text messages, telephone calls and mailings. Where our mobile applications allow for the delivery of “push notifications” you can also opt out of receiving these notifications by toggling the “Notifications” switches within our mobile applications to “off.” By downloading and using our mobile applications, you may receive promotional messages, offers, news and information about our stores or our business partners within the mobile application itself. These “in app” messages are part of our mobile application’s functionality and cannot be turned off. If you do not want to receive “in app” messages, offers, news and information, do not download or use our mobile application.

ACCESS, CORRECTION, AND DELETION OF YOUR PERSONAL INFORMATION

You have the right to access, correct and delete your personal information that you shared with us on our Site or services. We are committed to ensuring that your personal information is kept accurate and up to date. However, it is up to you to update it with any changes. You can review and change your personal information by logging into the Site and visiting your account profile page. You may also notify us via the information in the “Contact Us” section below to request access to, or to correct any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you no longer wish to have your personal information be processed, you may request to delete your account and the information in your account, subject to certain limitations, by emailing us as described below. Once you submit your request, we will send an email to the email address linked to your account requesting that you confirm your deletion request. Once you confirm your request to delete your account and data, your account will no longer be accessible while we process your request. Once you confirm your request, this process cannot be cancelled, undone, withdrawn, or reversed. When your account is deleted, all associated personal information is deleted.

DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All personal information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using SSL or other encryption technology, or will use our third-party payment processors, who will use appropriate security procedures.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. You should not share your password with anyone. We urge you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

Your personal information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ from those of your jurisdiction. 

We rely on third-parties to take all the steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy and no transfer of your personal information will take place to an organization or a country unless there are adequate controls in place including the security of your personal information. If you do not want your information transferred to or processed or maintained outside of the country or jurisdiction where you are located, you should not use the Site or services.

INTEGRATION OF THIRD-PARTY PLATFORMS AND SERVICES

The Site or services may be linked to, rely on and be integrated with websites, applications, interfaces, services and platforms operated by other companies, including third-party services. The Site or services may also feature advertisements from these companies. We are not responsible for the privacy practices of such websites, applications, interfaces, services and platforms operated by third-parties that are linked to, rely on and/or integrated with the Site or services or for the privacy practices of third-party advertising companies. Once you leave this Site or our services via a link, access a third-party service or click on an advertisement, you should check applicable privacy policies to determine, among other things, how related companies process personal information they may collect about you. This Privacy Policy applies solely to information collected by us.

CHILDREN’S PRIVACY

The websites, online services, and mobile applications are not directed toward children under the age of 16 and we do not knowingly collect any personal information from children under the age of 16. If a child under 16 provided our website, online service, or mobile application with personal information, so that we may promptly delete the child’s information from our record, we ask that a parent or guardian contact us as described below.

CONTACT US

We welcome your questions, comments, and concerns about privacy. writing us at:

Attn: Privacy Officer
Downtown Foods, LLC
616 E. Carson #140 Las Vegas, NV 89101

privacyofficer@downtownfoodsusa.com

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