1. Automatic collection of Personal Information
- When you interact with the Website, our servers automatically record Personal Information that your browser sends. This Personal Information may include:
- Identifiers such as your device’s IP address;
- Internet or other electronic network activity information such as browser type and version, operating system type and version, language preferences or the webpage you were visiting before you came to the Website and Services, pages of the Website and Services that you visit, the time spent on those pages, information you search for on the Website, access times and dates, and other statistics.
- Personal Information collected automatically is used only to identify potential cases of abuse and establish statistical information regarding the usage and traffic of the Website and Services. This statistical information is not otherwise aggregated in such a way that would identify any particular User of the system.
2. Collection of Personal Information
- You can access and use the Website and Services without telling us who you are or revealing any Personal Information by which someone could identify you as a specific, identifiable individual. If, however, you wish to use some of the features offered on the Website, you may be asked to provide certain Personal Information (for example, your name and e-mail address).
- We receive and store any Personal Information you knowingly provide to us when you fill any forms on the Website. When required, this Personal Information may include the following:
- Identifiers such as name, country of residence, etc.
- Contact information (such as email address, phone number, etc.);
- Commercial information (such as payment information, billing and shipping address, and commercial information such as records of products purchases, product replacement, and any records requests, complaints, or comments regarding our Services or the Websites)
- Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
- Protected classification characteristics under California or federal law
- You can choose not to provide us with your Personal Information, but then you may not be able to take advantage of some of the features on the Website. Users who are uncertain about what Personal Information is mandatory are welcome to contact us.
3. Legal basis and purpose of processing collected Personal Information
- If applicable data protection laws require the processing of your Personal Information on a statutory legal basis, your Personal Information will be processed based on one or more of the following applicable legal basis:
- Consent: you have given your consent for one or more specific purposes;
- Contract: provision of Personal Information is necessary for the performance of a contract with you and/or for any pre-contractual obligations thereof;
- Legal obligation: processing is necessary for compliance with a legal obligation to which we are subject;
- Legitimate interests: processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.
- Under some legislation we may be allowed to process Personal Information until you object to such processing by opting out, without having to rely on consent or any other of the legal bases above.
- In order to make the Website and Services available to you, or to meet a legal obligation, we may need to collect and use certain Personal Information. If you do not provide the Personal Information that we request, we may not be able to provide you with the requested products or services. Any of the Personal Information we collect from you may be used for the following purposes (upon legal basis, if applicable):
- To confirm your reservation (based on contract)
- To process your payment (based on contract)
- To send marketing and promotional communications (based on consent or legitimate interests)
- To send product and service updates (based on consent or legitimate interests)
- To respond to inquiries and offer support (based on contract or legitimate interests)
- To request user feedback (based on consent or legitimate interests)
- To respond to legal requests and prevent harm (based on legal obligations or legitimate interests)
- To gather and keep evidence for possible legal dispute (based on legitimate interests)
- To comply with laws and regulations applicable to us (based on legal obligation or legitimate interests)
- To cooperate with relevant governmental authorities and agencies, including competent data protection authorities and those that are engaged in administrative or criminal investigations (based on contract, legal obligation or legitimate interests)
- We analyze your behavior on the Website in order to operate and improve the Website and to tailor the Services to your preferences. (based on consent)
- We track your browsing behavior on various websites, which allows us to tailor our products and services to your needs. (based on consent)
4. Disclosure of Personal Information
- We may share your Personal Information with recipients in the following situations:
- Internal use by us: Our officers and employees who are authorized and who have a need to access such information;
- Affiliates: We may share your Personal Information described in 2.2 above with our affiliates for internal administrative purposes and uses that are consistent with this Policy;
- Service providers: We may share your Personal Information described in 1.1 and 2.2 above with third-party service providers that perform certain services, such as monitoring the performance of and improving our Website and Services;
- Legal procedures and security: We may disclose your Personal Information described in 1.1 and 2.2 above to legal or government regulatory authorities as required by any applicable laws. We may also disclose such Personal Information to third parties as required by applicable laws in connection with any claims, disputes, or legal proceedings, when otherwise required by any applicable laws, or if we determine that such disclosure is necessary to protect the health and safety of you or any other person, or to enforce our legal rights or contractual commitments that you have made; and
- Business transfers: Your Personal Information described in 1.1 and 2.2 above may be disclosed as a part of a corporate business transaction, such as a merger, acquisition, company split, business transfer, joint venture, or the financing or sale of company assets, and may be transferred to a third party as one of the business assets in such a transaction. Such Personal Information may also be disclosed in the event of insolvency, bankruptcy, or receivership.
- We do not sell Personal Information to third parties.
5. Transfer of Personal Information
- Depending on your location, data transfers may involve transferring and storing your Personal Information in a country other than your own, including the USA. Please be aware that the country where the recipient is located may not offer the same level of data protection as your country, although we will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Policy. In the cases when we engage third parties to process your Personal Information, we will use contractual or other means to ensure that such third parties offer the same level of data protection as your country.
- Unless permitted by the applicable data protection laws as an exception, we shall (i) obtain your prior consent and/or (ii) use adequate safeguards to protect your Personal Information, including standard contractual clauses approved by European Commission, when providing your Personal Information to a third party in a country other than your own.
- You are entitled to learn about more details of the transfer of your Personal Information when it is transferred outside the country your own (including the legal basis of Personal Information transfers to such country), and about the security measures taken by us to safeguard your Personal Information by contacting us using our contact information below.
6. Storage limit of Personal Information
We will retain Personal Information only for as long as it is necessary for the purposes described in this Policy, or as permitted by applicable data protection laws, and as required by applicable laws.
7. Data protection rights
- You have a number of legal rights in relation to the Personal Information that we hold about you. These rights may vary depending on where you are located and which data protection laws will apply to the relationship between you and us, but would typically include:
- the right to obtain information regarding the processing of your Personal Information and access to the Personal Information which we hold about you;
- the right to request that we rectify your Personal Information if it is inaccurate or incomplete;
- the right to request that we erase your Personal Information in certain circumstances. This may include (but is not limited to) circumstances in which:
- it is no longer necessary for us to retain your Personal Information for the purposes for which we collected it;
- we are only entitled to process your Personal Information with your consent, and you withdraw your consent; or
- you object to our processing of your Personal Information for our legitimate interests, and our legitimate interests do not override your own interests, rights, and freedoms;
- the right to request that we restrict our processing of your Personal Information in certain circumstances. This may include (but is not limited to) circumstances in which:
- you dispute the accuracy of your Personal Information (but only for the period of time necessary for us to verify its accuracy);
- we no longer need to use the Personal Information, except for the establishment, exercise or defense of legal claims; or
- you object to our processing of your Personal Information for our legitimate interests (but only for the period of time necessary for us to assess whether our legitimate interests override your own interests, rights, and freedoms);
- the right to object to our processing of your Personal Information.
- the right to receive any Personal Information which we process about you on the basis of your consent or a contract (as opposed to any other legal ground) and where the processing is carried out by automated means in a structured, commonly used and machine-readable format and/or request that we transmit that data to a recipient where this is technically feasible. Please note that this right only applies to Personal Information which you have provided to us; and
- the right to withdraw your consent to our processing of your Personal Information at any time. Please note, however, that we may still be entitled to process your Personal Information if we can rely on another legal ground for doing so.
- You can exercise your rights by contacting us using our contact information below. You can also lodge a complaint with the data protection regulator if you think that any of your rights have been infringed by us.
8. California privacy rights
- Notwithstanding the preceding paragraph, if your Personal Information is subject to the CCPA, you have the following rights:
- The right to access 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 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of sources of the Personal Information we collected about you.
- Our business or commercial purpose for collecting such Personal Information.
- The categories of third parties with whom we share such Personal Information.
- The specific pieces of Personal Information we collected about you (also called a data portability request).
- The categories of Personal Information we disclosed for business purposes, and for each category identified, the categories of the recipients who obtained the Personal Information.
- The right to delete
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 and determine that no exception applies, we will delete (and direct our service providers to delete) your Personal Information from our records.
- Exercising your rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing us at our contact information below or calling us at 1-866-395-0635. Please be sure to provide us with your full name, email, phone number, and the details of your request.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period.
- Authorized agent
You may elect to have an agent exercise your rights for you. Even if you choose to use an agent, we may, as permitted by law, require:
- The authorized agent to provide proof that the consumer gave the authorized agent signed permission to submit the request;
- The consumer to verify their identity directly with the business;
- The consumer to directly confirm with us that they provided the authorized agent permission to submit the request.
We will not discriminate against you for exercising any of your rights under the CCPA.
9. How to exercise your rights
- Any requests to exercise your rights can be directed to us through the contact details provided in this Policy. Please note that we may ask you to verify your identity before responding to such requests. Your request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person. If we receive your request from an authorized representative, we may request evidence that you have provided such an authorized representative with power of attorney or that the authorized representative otherwise has valid written authority to submit requests on your behalf.
- You must include sufficient details to allow us to properly understand the request and respond to it. We cannot respond to your request or provide you with Personal Information unless we first verify your identity or authority to make such a request and confirm that the Personal Information relates to you.
- Our Website and Services use “cookies” to help personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. You may learn more about cookies and how they work in this guide.
11. Links to other resources
- The Website and Services contain links to other resources that are not owned or controlled by us. Please be aware that we are not responsible for the privacy practices of such other resources or third parties.
12. Information security
We take the protection of your Personal Information very seriously. We take many security measures (organizational, personnel, physical and technical) to help keep your Personal Information safe. Unfortunately, we cannot guarantee complete security of any Personal information. If you would like to know about the security measures, please contact us using our contact information below.
13. Privacy of children
- We do not knowingly collect, use, disclose, or sell any Personal Information from children under the age of 16. If you are under the age of 16, please do not submit any Personal Information through the Website and Services. If you have reason to believe that a child under the age of 16 has provided Personal Information to us through the Website and Services, please contact us to request that we delete that child’s Personal Information from our Services.
- We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Policy by instructing their children never to provide Personal Information through the Website and Services without their permission. We also ask that all parents and legal guardians overseeing the care of children take the necessary precautions to ensure that their children are instructed to never give out Personal Information when online without their permission.
14. Changes and amendments
- We reserve the right to modify this Policy or its terms related to the Website and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
- An updated version of this Policy will be effective immediately upon the posting of the revised Policy unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Policy (or such other act specified at that time) will constitute your consent to those changes. However, we will not, without your consent, use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected.
15. Acceptance of this Policy
You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services and submitting your Personal Information you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.
16. Contacting us
If you have any questions, concerns, or complaints regarding this Policy, the Personal Information we hold about you, or if you wish to exercise your rights, we encourage you to contact us using the details below:
Our Contact Information
Company Name: Restaurant Suntory U.S.A., Inc.
Address: Royal Hawaiian Center Bldg B, Third Level, B307 2233 Kalakaua Ave Honolulu, HI 96815
Email address: firstname.lastname@example.org
President: Takatoshi Adachi
Toll Free: 1-866-395-0635
We will attempt to resolve complaints and disputes and make every reasonable effort to honor your wish to exercise your rights as quickly as possible and in any event, within the timescales provided by applicable data protection laws.
This document was last updated on November 1, 2022