BentoBox Privacy Policy

Last updated: December 27, 2019

BentoBox provides website design and electronic commerce services for restaurants – our clients. This Privacy Policy describes how BentoBox CMS, Inc. (“BentoBox,” “we,” “us,” or “our”) handles the personal information of individuals who are representatives of our prospective and current clients. This website, including the CMS (“Platform”) (collectively, “Website”) are not intended for individuals’ use in their personal, family or household capacity. Accordingly, we treat all personal information we collect through the website as pertaining to individuals in their business capacity, and not their personal capacity.

Our Restaurant Privacy Policy governs our privacy practice with respect to consumer personal information we handle on behalf of our clients We use that information only at the direction of, and on behalf of, our clients.

The Information We Collect and/or Receive

We may collect information about individuals who interact with BentoBox as the employees or business representatives of our clients or prospective clients. The types of information we collect are described below.

Information you provide to us, which includes:

  • Business contact information, such as your first and last name, email and mailing addresses, phone number, professional title and company name.

  • Profile information, such as your username and password that you may set to establish an account on the Platform.

  • Feedback or correspondence, such as information you provide when you contact us with questions, feedback, or otherwise correspond with us online.

  • Transaction information, such as information about payments to and from you and other details of products or services you have purchased from us.

  • Other information that you provide to us voluntarily.

Cookies and Other Information Collected by Automated Means. We, our service providers, and other third parties may automatically collect information about you, your computer or mobile device, and activity occurring on or through the Website and Platform. These parties may collect this type of information over time and across third-party websites and may use cookies, web beacons, and other technologies to collect this information. The information may include:

  • Information about your device’s hardware, such as model and screen resolution

  • Information about the software on your device, such as your browser type

  • Unique identifiers associated with your device, such as device identifier (e.g., Google Advertising ID or Apple ID for Advertising)

  • Information about the network to which you are connected and inferences we may draw from it, such as your IP address and general location information such as city, state or geographic area

  • Information about your use of and actions on the Website, such as pages you viewed, how long you spent on a page, navigation paths between pages, information about your activity on a page, links you click, access times, and length of access; and the website that referred you to the Website, if applicable

  • Information about your interaction with our emails, such as whether you opened our email and how long you had it open

Please see the “Targeted online advertising” section for information about how to exercise choice regarding the use of browsing behavior for purposes of targeted advertising.

How We Use Personal Information

We use your personal information for the following purposes and as otherwise described in this Privacy Policy or at the time of collection:

To provide our services.  We use your personal information to:

  • provide, operate and improve the Website, including to develop new products and services

  • provide the services you request

  • enable security features of the Website and our services

  • communicate with you about the our services, including by sending you announcements, updates, security alerts, and support and administrative messages

  • personalize your experience with the Website, and our communications

  • provide support and maintenance for the Website and our services, including by responding to your requests, questions and feedback

To send you marketing and promotional communications.  We may send you BentoBox-related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications as described in the Opt out of marketing section below. 

To display advertisements. We work with advertising partners to display advertisements online. These advertisements are delivered by our advertising partners and may be targeted based on your use of the Website or Platform or your activity elsewhere online. To learn more about your choices in connection with advertisements, please see the section below titled “Targeted online advertising.”

For compliance, fraud prevention, and safety.  We may use your personal information and disclose it to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities; (b) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (c) enforce the terms and conditions that govern the Service; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

How We Share Personal Information

BentoBox Companies

We may share your personal information with our corporate parent and subsidiaries, for purposes consistent with this Privacy Policy.

Service Providers

We may engage other companies and individuals to perform certain business-related functions on our behalf. Examples may include providing technical assistance, payment processing, billing, email management, order fulfillment, customer service, and marketing assistance. We authorize these parties to use personal information only as necessary to perform their functions.

Business Transfers

In connection with or during the negotiation of a financing, merger, acquisition, dissolution or similar corporate event, or the sale of all or some of our assets, the information that we have collected, including personal information, may be transferred as a business asset. If our company, business or assets are acquired by another company, the acquiring company will possess the personal information that we collected and will assume the rights and obligations regarding your personal information as described in this Privacy Policy.

Legal Requirements

We may disclose your information if required to do so by law, or in the good faith belief that such action or disclosure is necessary or appropriate to: (i) operate the Platform, (ii) comply with any legal obligation, report unlawful activity, cooperate with law enforcement or public authorities (including for the purpose of meeting national security or law enforcement requirements), (iii) protect against legal liability, (iv) protect and defend our rights, property, personnel, suppliers, sponsors, agents or licensors, (v) protect the personal safety of vendors, users of the Platform or the public, or (vi) comply when compelled to disclose personal information to other third parties by government authorities or as required by law or regulation, including, but not limited to, in response to court orders and subpoenas.

Third-Party Applications

With your permission, third-party applications or services may access your personal information. We use standard OAuth (open authorization) to enable you to update and manage public content on third-party websites, such as Facebook or Twitter, and integrate with other third-party service providers (e.g., payment processors, analytics providers, marketing automation) from within the Platform. For the sole purpose of enabling such features via OAuth, BentoBox must request certain access permissions to your account(s) on such third-party websites.

Your Choices

Access or Update Your Information

Individuals with accounts on the Platform may access, remove, review, and/or make changes to certain information that was provided to us by following the instructions found on the Website. 

Opt out of Marketing Communications

You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any BentoBox marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. Subscribers cannot opt out of receiving transactional e-mails related to their account with BentoBox. 

Cookies & Browser Web Storage

We may allow service providers and other third parties to use cookies and similar technologies to track your browsing activity over time and across the Platform, Website, and third party websites. Most browsers let you remove or reject cookies.  To do this, follow the instructions in your browser settings.  Many browsers accept cookies by default until you change your settings.  Please note that if you set your browser to disable cookies, the Platform or Website may not work properly.  Similarly, your browser settings may allow you to clear your browser web storage.  

Targeted Online Advertising

Some of the business partners that collect information about users’ activities on or through the Platform or Website may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising.  Users may opt out of receiving targeted advertising on websites through members of the Network Advertising Initiative by clicking here or the Digital Advertising Alliance by clicking here. Please note that we also may work with companies that offer their own opt-out mechanisms and may not participate in the opt-out mechanisms that we linked above.

If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.

Do Not Track

Some Internet browsers may be configured to send “Do Not Track” signals to visited websites. BentoBox does not currently monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

How We Protect Your Information

We will implement reasonable security measures to protect your personal information in connection with the Website. However, no security system is impenetrable and we cannot guarantee the security of your personal information.

International Data Transfers

The Website, Platform, and their servers are located in the US, and we BentoBox may have service providers located in other countries. If you are located outside of the US, please be aware that any information provided to us, including personal information, will be transferred from your country of origin to the US or other locations outside of your country, where privacy laws may not be as protective as those in your country.

Except in the case of data transfers under the EU-US Privacy Shield Framework, your decision to provide such data to us, or allow us to collect such data through our Website and/or the Platform constitutes your consent to this data transfer.

Important Notice for Individuals of the European Economic Area

BentoBox complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries (as well as Iceland, Liechtenstein, and Norway) transferred to the United States pursuant to Privacy Shield. BentoBox has certified that it adheres to the Privacy Shield Principles with respect to such data. If there is any conflict between the policies in this privacy policy and data subject rights under the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification page, please visit https://www.privacyshield.gov/

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, BentoBox is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

Pursuant to the EU-US Privacy Shield Framework, individuals have rights to access personal information and to limit use and disclosure of their personal information. You may request that we provide you with access to the personal information that we hold about you. You may also request to correct, amend, or delete the personal information we hold about you. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data transferred to the United States under Privacy Shield, should contact us at privacy@getbento.com, with the subject line, “Privacy Shield.” If we receive a data subject rights request from the end-user of one of our clients, we will direct that end-user to contact our client with the request. We will assist the client in fulfilling the request in accordance with their instructions.

We may require payment of a non-excessive fee to defray our expenses in this regard. Please allow us a reasonable time to respond to your inquiries and requests. 

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.

BentoBox’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, BentoBox remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless BentoBox proves that it is not responsible for the event giving rise to the damage.

BentoBox commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. Individuals in the European Union with Privacy Shield inquiries or complaints should first contact BentoBox at privacy@getbento.com with the subject line, “Privacy Shield”. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at  https://www.jamsadr.com/file-an-eu-us-privacy-shield-claim. Under certain conditions, more fully described on the Privacy Shield website at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

External Websites

The Platform and the Website may contain links to other websites and online services operated by third parties, which are not associated with BentoBox and which BentoBox does not control. We are not responsible for the content or the privacy policies or practices of those websites or online services. We encourage you to read the privacy policy and legal terms of websites or online services that you visit or use.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may change this Privacy Policy from time to time. Any such changes will be posted on the Platform. We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as by email (if you have an account where we have your contact information) or another manner through the Platform or Website.

How to Contact Us

If you have questions about this Privacy Policy, please contact BentoBox via e-mail at privacy@getbento.com with “Privacy Policy” in the subject line.