Third Party Web Sites.
What is personal information and when does Next collect it?
Personal information is information that identifies you and may be used to contact you on-line or off-line. Next collects personal information on a voluntary basis. On-line visitors typically submit information to Next by (1) making a reservation (and pre-paying for same) through the Site or Service, (2) use of our software or online services (including, without limitation, when you register for an account with Next), (3) participation in message board, (4) marketing surveys and e-mail campaigns, (5) requests for services from third party service providers on our web sites, (6) surveys and newsletters, and (7) consumer complaints.
Information collected will vary depending upon the activity and may include your name, e-mail address, phone number, mobile number, home address, birth date, credit card information and other personal information as defined under applicable law. We do not require this information to gain access to the Site, however, you may not use certain features, products or services (including, without limitation, the Service) that require registration or receive materials (for example, newsletters) unless such information is provided. You hereby consent to our collection of your personal information as outlined herein.
Other Information Collected
Certain activities will require you to create a username and password and provide other, non-personal information such as your age, date of birth, gender, game and other preferences, etc. In addition, we may collect demographic information such as gender, zip code, information about your likes and dislikes, and other data that you may provide in surveys or online profiles. In addition, we may combine demographic information with personal information.
Online Chat Rooms, Forums and Profiles
You may choose to disclose information about yourself in our online message boards, chatrooms, forums or in creating user "profiles" when you play games on our Site or utilizing the Service. Information that you disclose in chat rooms or in "profile" information is public information, and there is no expectation of privacy or confidentiality in either place. Please see our Online Terms of Service and Use Agreement on this point and for other guidelines about posting content on our web sites.
A Special Note About Children
What about cookies and other technologies?
Certain of our web sites use an outside ad company to display ads. These ads may contain cookies. Cookies received with banner ads are collected by our ad companies, and Next does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a web site. You can disable cookies or set your browser to alert you when cookies are being sent. However some areas of our Site will not function properly if you do so.
Other technologies used in our web sites include clear GIFs and IP address logging. Clear GIFs (a.k.a. web bugs, beacons or tags) are small graphic images placed on a web page, web-based document, or in an e-mail message. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or e-mail message. We do not use clear GIFs to collect personal information about you. However, we may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page. We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.
Next also maintains log files which contain Internet Protocol ("IP") addresses. An IP address is a numeric address that is assigned to your computer by your Internet Service Provider. In general, we only use log files to monitor traffic on our web sites, to report aggregate information to our advertisers and third party service providers and to troubleshoot technical problems. In the event of user abuse of our Site; however, we may block certain IP addresses or console IDs provided by our licensed hardware manufacturers. IP addresses and console IDs may be used to personally identify you in order to enforce our Online Terms of Service and Use Agreement.
What happens to the information provided?
The personal information you provide will allow us to alert you to new developments, features and enhancements to our properties; special offers; upgrade opportunities; and events of interest. We may send e-mails that may contain information regarding third-party products or services; however, this does not mean that we have provided or traded your personal information to any party.
We may use survey information in marketing surveys to select and direct advertising that is more likely to be of interest to a particular user of an account with Next. This information may be transmitted to an ad server owned by an advertising company to match account holders with ads that they are more likely to be interested in. However, we do not disclose any account holder’s personal information to our advertisers without the holder’s consent. Participation in such surveys is entirely optional. We may share aggregate consumer data (which does not contain personal information) with the advertising companies or with any other third-party, and we may use such information for any legitimate business purpose in our sole discretion.
We may use your personal information for our internal marketing and demographic studies, so we can consistently improve our web sites to better meet our visitors’ and users’ needs. In addition, we may use your personal information to enforce legal rights and comply with the law, or to comply with an order from a judicial or government entity or other competent authority, or when we have reason to believe that a disclosure is necessary to address potential or actual injury or interference with our rights, property, operations, users or others who may be harmed or may suffer loss or damage. Finally, we may also disclose personal information to law enforcement, or the appropriate judicial or civil authorities.
Where is the information held?
When we first collect information about you, we will offer you the opportunity to opt-out of having your personal information shared with parties outside of Next or its Affiliates or its third party providers (such as our payment processors), except to the extent required by law, court order, or as requested by other government or law enforcement authority. If you choose to have your name removed from our mailing list, you can do so by contacting our Data Privacy Officer at email@example.com.
Safeguarding Your Personal Information
If Next learns of a security systems breach, then we will use our commercially reasonable efforts to attempt to notify you electronically so that you can take appropriate protective steps. Next may post a notice on its Site if a security breach occurs.
Review and Correction of Your Information; Requests for Removal from Mailing Lists; and Deactivating Your Account If for any reason you are concerned that the personal information maintained by Next is not correct, or should you wish to have your account(s) deactivated or be removed from our mailing list, please e-mail our Data Privacy Officer at firstname.lastname@example.org describing, in reasonable detail, the nature of the request, problem or concern. We will then review, update or remove information as appropriate within a commercially reasonable time frame after receiving such notice from you. We may still retain your information in our electronic data or other files, however, to resolve disputes, enforce our user agreement(s) and/or policy(ies), and due to technical and legal requirements and constraints related to the security, integrity and operation of our web sites.
California Residents: Your California Privacy Rights
We abide by the Safe Harbor Principles developed by the U.S. Department of Commerce and the European Commission and the Frequently Asked Questions (FAQs) issued by the Department of Commerce on July 21, 2000. This section sets forth the privacy principles that we follow with respect to transfers of Personally-Identifying Information from the European Economic Area (“EEA”) to the United States.
If you have any questions, please contact us at the following address:
Data Privacy Officer
EU Safe Harbor
Next Restaurant, LLC
953 W. Fulton Market
Chicago, Illinois 60607
Users located in the EEA may direct us not to disclose their personal information to third parties (other than our service providers). We do not use personal information for purposes incompatible with the purposes for which we originally collected the information without notifying the relevant individuals of such uses and offering an opportunity to opt out.
Notwithstanding the foregoing, we may disclose personal information without offering individuals the opportunity to opt out for the reasons described in more detail hereinabove; e.g., for purposes of disclosure to law enforcement, or the appropriate judicial or civil authorities; in the event of a merger, acquisition, asset sale or in the unlikely event of bankruptcy.
C. Data Integrity
D. Onward Transfer
We may share personal information with service providers we have retained to perform services on our behalf. We require service providers to whom we disclose personal information and who are not subject to laws based on the European Union Data Protection Directive to contractually agree to provide at least the same level of protection for personal information as is required by the relevant “safe harbor” principles.
We maintain reasonable administrative, technical and physical safeguards to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction.
Upon request, we will grant individuals reasonable access to personal information that we hold about them for the purpose of correcting, amending, or deleting such personal information where it is inaccurate; provided, however, that we reserve the right to deny access or limit access in cases where the burden or cost of providing access would be disproportionate to the risks to your privacy or in the case of a vexatious or fraudulent request. If you wish to access or amend your personal information, please contact our Data Privacy Officer at the address provided in Section (A) (“Notice”) above. Any of our employees who wishes to review or update their personal information can do so by contacting their human resources representative.
If we become aware that the security of the Site has been compromised or your personal information has been disclosed to unrelated third parties as a result of external activity, including but not limited to security attacks or fraud, we reserve the right to take reasonable appropriate measures, including but not limited to, investigation and reporting, and notification to and cooperation with law enforcement authorities.
We are also subject to the jurisdiction of the US Federal Trade Commission. The Federal Trade Commission may be contacted at the following address:
Federal Trade Commission
Attn: Consumer Response Center
600 Pennsylvania Avenue NW
Washington, DC 20580