Privacy Policy Statement

This Privacy Policy Statement covers the privacy practices of the Tender Restaurant (tendernyc.com) and our websites, mobile platforms, emails and text message programs, as well as our handling of information we collect through our public social media pages (except where a different privacy policy has been posted) (collectively, the “Services”).

The Tender Restaurant (the “we”, “us” and “our”) takes the issue of safeguarding your privacy seriously. This Privacy Policy Statement (sometimes referred to as “Statement” or “Policy”) describes our privacy practices for the data we may collect from you as a guest when you visit the Tender Restaurant as well as visitors to our website and mobile platforms, and the way in which we use this information to better serve your needs.

What is Personal Information?

Personal information is any information about you as an identifiable individual.

The personal information that we may process includes:

Basic information – such as name, age, gender, passport information (if applicable) and publicly available photograph;
Contact information – such as your home address, zip/postal code, email address and phone numbers;
Financial information – such as your credit card details, itemized spending and transaction history;
Preferences – such as special requests, service issues and other preferences for your visit;
Technical information – such as information about the device you use to interact with us (including the unique device identifier, hardware model, operating system and version, and mobile network information, in the case of our mobile platforms); and
Correspondence – when you contact us, such as to send an inquiry or make a request, any correspondence or application may be kept and added to your Personal Information.

How do we use your Personal Information?

We may use your Personal Information for the following purposes:

to enable you to use our website and our mobile platforms;
to help us identify you and any accounts you hold with us;
to provide superior customer service to you;
to assist us in making your reservation and providing the services you request;
to process transactions through our website (including making reservations and taking payment for purchases you may make through our website or mobile platforms) and to assist in any inquiries about your transaction;
for billing purposes in relation to your visit with us;
to confirm prior transactions and reconcile statements or invoices;
to contact you in relation to matters that arise from your visit with us;
to send you newsletters and to advise you of promotions or to inform you of offers or other information that may be of interest to you (if, where required, you separately provide your consent for us to do so);
to conduct surveys or focus groups to receive your views of our restaurant and service delivery (if, where required, you separately provide your consent to this);
to respond to a specific “Information Request” from you about our restaurant and deal with any other inquiries, correspondence, concerns or complaints you have raised;
to analyze customer trends and insights; and
to operate our business, including for internal purposes such as auditing, data analysis, statistical and research purposes and troubleshooting to help us improve our services.

On what basis do we use your Personal Information?

We use your Personal Information on the following basis:

to enter into agreements with you, and to perform our agreement to provide services to you when you visit us;
for legitimate business purposes – using your personal information helps us to operate and improve our business and minimize any disruption to the services that we may offer to you. It also allows us to make our communications with you more relevant and personalized, and to make your experience of our services more efficient and effective;
because you have given your consent – at times we may ask for your consent to allow us to use your Personal Information for one or more purposes.

to comply with legal and regulatory obligations, including reporting requirements imposed by government regulators and our auditors; or

for the establishment, exercise or defense of legal claims or proceedings.

How is your personal information collected?

We collect your Personal Information while monitoring our technology tools and services and we gather and collect information when you provide it to us, or interact with us directly, for example:

when you create a profile or sign in to access an existing profile on our website;
when you make a purchase through our website;
when you make a reservation online.

We also receive information about you from other sources, such as our business partners and reservation service providers and publicly available sources. We combine information that we have about you from various sources, including the information that you have provided to us. We may also collect information from you through the use of cookies, when you visit our website. We may use cookies for analytics, personalization and advertising. By continuing to browse, you agree to our use of cookies.

Location Information

We may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Services), and may use that information to customize the Services with location-based information, advertising, and features. If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.

Using Mobile and Other Devices

We and/or our service providers may collect and store unique identifiers matched to your mobile device, in order to deliver customized ads or content while you use applications or surf the internet, or to identify you in a unique manner across other devices or browsers. In order to customize these ads or content, we, or third parties may collect your information e.g., your email address, or data passively collected from you, such as your device identifier or IP address.

You may be able to manage how your mobile device and mobile browser share information with the Services, by adjusting the privacy and security settings on your device. Please refer to instructions provided by your mobile service provider or the manufacturer of your device to learn how to adjust your settings.

Combined Information

You consent that, for the purposes discussed in this Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Policy.

Aggregate/De-Identified Information.

We may aggregate and/or de-identify information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, sponsors, event promoters, and/or others.

How do we protect Personal Information?

We use a variety of security measures and technologies to help protect your personal information from unauthorized access, use, disclosure, alteration or destruction, consistent with applicable data protection and privacy laws. For example, we allow only encrypted communications from all of our web forms, including when you provide your credit card information through our website. We store personal information in a secure location and we take steps to ensure that only designated individuals have access to this information.

What information is not secure?

We endeavor to protect the privacy of your account and other Personal Information that we hold in our records, but unfortunately, we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information. Also, while we endeavor to put adequate contractual protections in place, we cannot guarantee the security of any personal information in databases hosted by third parties.

It is important to note that any e-mail communication is not secure. This is a risk inherent in the use of e-mail. Please be aware of this when requesting information or sending forms to us by e-mail (for example, from the “Contact Us” section of our website). We recommend that you do not include any confidential information (i.e. credit card information) when using e-mail. For your protection, our e-mail responses to you will not include any confidential information.

What Personal Information may be provided to third parties?

We may share certain of your personal information with:

agents, contractors or third party service providers of ours such as opentable.com who provide services to us to better serve your needs as a restaurant guest;
analytics and search engine providers that assist us in the improvement and optimization of our website and our mobile platforms;
our professional advisors and auditors; and
local or foreign regulators, governments, courts, law enforcement and national security authorities.
by using the Services, you acknowledge, consent and agree that we may access, preserve and disclose your data if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process (e.g., a subpoena or court order); (b) enforce our Terms of Service, this Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; and/or (e) protect the rights, property or personal safety of the Tender Restaurant, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

Where a third party is engaged by us to provide services on our behalf, we ensure these parties protect your Personal Information in a manner consistent with the principles articulated in this Privacy Policy Statement.

If you are referred to our Services from another service, an advertising site, meta search sites, a blog, a social media site, etc., we may collect data about you from the referring service.

Some third parties’ embedded plugins or other automated technology on our websites, mobile platforms and emails, such as cookies or social sharing buttons, may allow their operators to learn that you have visited or interacted with our websites, apps and emails, and they may combine this information with other, identifiable information they have collected about your visits to other websites, apps, emails or online services. These third parties may handle this information, and other information they directly collect through their content and plugins, pursuant to their own privacy policies.

Please note that we are not responsible for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties. If you provide information on and use third-party sites, the privacy policy and terms of service on those sites are applicable. We encourage you to read the privacy policies of websites that you visit before submitting Personal Information.

If you have chosen to join a subscription list, please note such list are only used for our internal purposes and we do not sell or rent our subscription lists to anyone.

If we suspect any unlawful activity is taking place, we may investigate and/or report our findings or suspicions to the police or other relevant law enforcement agency.

How long is my Personal Information retained?

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Statement unless a longer retention period is required or permitted by law. This may involve retaining information following your visit. We will delete your personal information once it is no longer required for any of the purposes described above. We will also keep your personal information where we need to do so in connection with a legal action or an investigation involving our property. Any financial information we retain will be protected under the terms of this Privacy Statement.

Use of Services by Minors

The Services are not directed to individuals under the age of sixteen (16), and we request that they not provide Personal Information through the Services.

Your rights

How You Can Access, Change or Suppress Your Personal Information

If you would like to review, correct, update, suppress, restrict or delete Personal Information that you have previously provided to us, or if you would like to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by law), you can contact us at privacy@tendernyc.com, or by mail:

Chief Privacy Officer

Attn: Privacy Compliance

132 W 47th Street

New York, NY 10036 USA

In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database, or other limitations you would like to put on our use of your Personal Information. For your protection, we only fulfill requests for the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before fulfilling your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we often need to retain certain data for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a reservation or purchase you may not be able to change or delete the Personal Information provided until after the completion of such purchase or reservation). There may also be residual data that will remain within our databases and other records, which will not be removed. In addition, there may be certain data that we may not allow you to review for legal, security or other reasons.

If you do not wish to receive marketing information from us, you may send an e-mail to: privacy@tendernyc.com. You will always have the ability to accept or decline any form of communication from us. You may unsubscribe from electronic marketing communications at any time by selecting the “unsubscribe” link included in such communications.

Updates to This Privacy Policy Statement

The “Last Updated” legend at the top of this page indicates when this Privacy Policy Statement was last revised. This Privacy Policy Statement has been updated and revised in order to meet the standards set by the European Union’s General Data Protection Regulation and other applicable personal data protection laws. Any changes will become effective when we post the revised Privacy Policy Statement on our website. Your use of the Services following these changes means that you accept the revised Privacy Policy Statement. If you would like to review the version of the Privacy Policy Statement that was effective immediately prior to this revision, please contact us at privacy@tendernyc.com.com

Contacting Us

If you have any questions about this Privacy Policy Statement, please contact us at privacy@tendernyc.com, or by mail:

Chief Privacy Officer

Attn: Privacy Compliance

132 W 47th Street

New York, NY 10036 USA