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Privacy Policy

We at OTB Acquisition, LLC d/b/a On The Border Mexican Grill & Cantina (“OTB”), respect your concerns about privacy. This Privacy Notice applies to personal information we collect on the OTB website(s) on which we have posted this Privacy Notice (collectively, the “Site”).

This Privacy Notice describes the types of personal information we collect on the Site, how we may use the information, with whom we may share it and the choices available to you regarding our use of the information. We also describe the measures we take to safeguard the information and tell you how to contact us about our privacy practices.

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Table of Contents

INFORMATION WE COLLECT

We may obtain certain personal information (such as name and other contact details) through our Site. The types of personal information we may collect include:

  • Contact information, such as your name, postal address, e-mail address, and telephone number;
  • Names, postal addresses, e-mail addresses and telephone numbers of others to whom you ask us to send information;
  • Payment information (such as payment card details, financial account information and billing address);
  • Birth date;
  • Information about your education, work and military history, legal work eligibility status, and other information relevant to specific jobs for which you may apply;
  • Your location information whether obtained from your browser to find our nearest restaurant to you, product availability at our restaurants near you and/or driving directions to our restaurants; and
  • Other personal information you may provide to us.

We (or vendors acting on our behalf) use common collection techniques. For example, we may collect information about your activity on our website using HTML 5 technology. We may also use tracking tools like pixel tags, browser cookies, and web beacons. We collect certain information by automated means, such as cookies and web beacons and other automated means for purposes such as: (i) customizing our users’ visits to our Site, (ii) delivering content (including advertising) tailored to our users’ interests; and the manner in which our users browse our Site, and (iii) managing our business. The information we collect in this manner includes IP address, browser characteristics, device characteristics, operating system referring URLs, information on actions taken on our site, and dates and times of website visits. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon”, also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. We may supplement data we collect through automated means with information about your location (such as your zip code) to provide you with content that may be of interest to you. We also use this information to help diagnose technical and service problems, administer our Site, identify users of our Site, and gather demographic information about our users. We may link certain data elements we have collected through automated means, such as your browser information, with other information we have obtained about you to let us know, for example, whether you have opened an e-mail we sent to you. Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of our Site. See also our “Do Not Track Policy” below.

To identify local shared objects on your computer and adjust your settings, please visit: www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html.

We may use third-party web analytics services on our Site, such as those of Google Analytics. The analytics providers that administer these services use technologies such as cookies, web server logs and web beacons to help us analyze how visitors use the Site. The information collected through these means (including IP address) is disclosed to these analytics providers, who use the information to evaluate use of the Site. To learn more about Google Analytics and how to opt out, please visit: www.google.com/analytics/learn/privacy.html. We may combine information we collect from you with information we receive from third parties and use it for the purposes described in this Privacy Notice. We also may use the information we obtain about you in other ways for which we provide specific notice at the time of collection If you use Site features operated by third-party social networking services (such as Facebook, Yelp, Instagram, LinkedIn and Twitter), we may receive information you have made available to those services, including the geographic location of your mobile device and other information about you (such as name, email address, gender, locale, time zone, languages, social media profile URL, personal website URL, biographical information, birthday, photo, list of devices, educational history, work history, hometown, interests, current city, political views, favorite athlete and teams, favorite foods and order history, relationship status and information, religion, household size and family members, name of significant other, and certain security settings information) and your contacts on those services. Some of these social networking services allow you to push content from our Site to your contacts or to pull information about your contacts so you can connect with them on our Site. Some of these services also will facilitate your registration for our Site or enhance or personalize your experience on our Site. You should make sure you understand the information your third-party social networking services may make available to our Site. We may use and disclose the personal information we receive on our Site through third-party social networking services as described in this Privacy Notice.

HOW WE USE THE INFORMATION WE OBTAIN

We may use the information we obtain through the Site to:

  • Create and manage your account;
  • Offer and provide products and services to you;
  • Process and collect payments for gift cards and OTB branded promotional merchandise;
  • Help you find a nearby restaurant location or sign you up for Club Cantina;
  • Communicate about, and administer your participation in, special events, programs, surveys, contests, sweepstakes, and other offers or promotions;
  • Combine it with information we receive offline to send you offers or promotions;
  • Send information to others if you ask us to do so;
  • Respond to and communicate with you about your requests, questions and comments;
  • Manage your application for employment with OTB and contact you in connection with potential employment opportunities;
  • Process claims we receive in connection with our products and services;
  • Operate, evaluate and improve our business (including developing new products and services; managing our communications; determining the effectiveness of our sales, marketing and advertising; analyzing and enhancing our products, services and Site; and performing accounting, auditing, billing, reconciliation and collection activities);
  • Perform data analyses and other processing (including market and consumer research, trend analysis, financial analysis, anonymization, encryption and tokenization of personal information);
  • Protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
  • Comply with and enforce applicable legal requirements, relevant industry standards and our policies.

INTEREST-BASED ADVERTISING

On the Site, we may collect information about your online activities for use in providing you with advertising about products and services tailored to your individual interests. This section of our Privacy Notice provides details and explains how to exercise your choices.

You may see certain ads on other websites based on your visits to our Site because we participate in advertising networks administered by third-party vendors. Ad networks allow us to target our messaging to users through demographic, interest-based and contextual means. These networks track your online activities over time by collecting information through automated means, including through the use of cookies, web server logs and web beacons. The networks use this information to show you advertisements that are tailored to your individual interests. The information our ad network vendors collect includes information about your visits to websites that participate in the vendors’ advertising networks, such as the pages or advertisements you view and the actions you take on the websites. This data collection takes place both on these Site and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts. To learn more about how to opt out of ad network interest-based advertising, please visit: http://www.aboutads.info/choices/.

INFORMATION WE SHARE

We do not sell or otherwise share personal information about you, except as described in this Privacy Notice. When you post a comment on our blogs, we may publish your name and user ID on the blog with your comment. We share personal information with third parties who perform services on our behalf based on our instructions. These third parties are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. We also may share the personal information we obtain with our affiliates, franchisees and joint marketing partners.

We share information with our service providers, such as our credit card processing vendors and restaurants who process your online orders. We might also authorize our service providers to collect information on our behalf. For example, our vendors may collect information for anonymous data reporting. If we provide joint services, we may share your information with our business partners.

We also may disclose information about you (i) if we are required to do so by law, regulation or legal process (such as a court order or subpoena), (ii) in response to requests by government agencies, such as law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation).

YOUR OPTIONS

We offer you certain choices about how we communicate with you and what information we collect from you. To update your preferences, ask us to remove your information from our e-mail lists or submit a request, please contact us at https://www.ontheborder.com/contact-us/.

To find out how to opt out of having your online behavior collected by third-party advertisers for advertising purposes, you may visit each ad network’s website individually to opt-out and review their privacy policies, or you may click here to visit the Digital Advertising Alliance’s opt-out website, or click here to visit the Network Advertising Initiative’s opt-out website.

CROSS-BORDER TRANSFER

Your personal information may be processed, used, stored, or accessed in the United States or other countries where we or our partners have operations, and may be subject to the laws of those countries including requirements to disclose information to government authorities, courts or law enforcement agencies.

NOTICE TO CALIFORNIA RESIDENTS

At this time we do not operate any sites in California. If you are a California resident, subject to certain limits under California Civil Code § 1798.83, you may ask us to provide you with (i) a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year, and (ii) the identity of those third parties. To make this request, California residents may contact us as specified in the “How to Contact Us” section below.

DO NOT TRACK POLICY

Our website is not designed to respond to “do not track” signals received from browsers.

LINKS TO OTHER WEBSITES

Our Site may contain links to other websites for your convenience and information. These websites may be operated by companies not affiliated with OTB. Linked websites may have their own privacy policies or notices, which we strongly suggest you review if you visit any linked websites. We are not responsible for the content of any websites that are not affiliated with OTB, any use of those websites, or the privacy practices of those websites.

HOW WE PROTECT PERSONAL INFORMATION

We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

We use standard security measures on our sites. However, the internet is a public place and is not 100% secure. We cannot promise that your information will remain secure. We encourage you to use caution when sharing information.

Online access to your personal information is protected with a password you select. We strongly recommend that you do not share your password.

CHILDREN’S PRIVACY

Our Site are not directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen on our Site. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen on our Site, we will delete the information from our records.

MOBILE

OTB also operates mobile programs on our own behalf or through certain third parties, partners and/or affiliates. As part of those mobile services, OTB collects personally identifiable information by use of mobile technology. OTB will not collect personally identifiable information from you without your permission. We treat any information you send to us as non-confidential and non-proprietary and we cannot guarantee or warrant the security of any data you submit to us, though we will use reasonable efforts to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data under our control, including physical, electronic and procedural safeguards. OTB respects your privacy. We will only use the information you provide, including your mobile number, to send you content pursuant to the program in which you have requested to participate, though we will share the information we collected from you with certain partners and/or affiliates who also may be part of the applicable program. We will not use your information for any other purpose. OTB is not responsible for information collected by third parties, partners and/or affiliates when such information is in their possession. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request; to avoid liability; or to protect our rights or property. When you provide us information in connection with a mobile program, you agree to provide accurate, complete and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate or incomplete, we may prohibit you from further participation in the applicable program and pursue any appropriate legal remedies.

UPDATES TO OUR PRIVACY NOTICE

This Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a prominent notice on our Site to notify you of any significant changes to our Privacy Notice and indicate at the top of the notice when it was most recently updated.

HOW TO CONTACT US

If you have any questions about this Privacy Notice, or if you would like us to update information we have about you or your preferences, please contact us by e-mail at contactus@ontheborder.com. You also may write to us at:

OTB Acquisition, LLC d/b/a On The Border Mexican Grill & Cantina
Attention: Marketing Department
2201 W. Royal Lane, Suite 170
Irving, TX 75063

Please note that on occasion, third parties unaffiliated with us may conduct marketing campaigns or promotional giveaways where they offer gift cards, which they have purchased separately, as inducements to enroll in their programs, enter their contests, complete surveys or take other actions. In such cases, requests directed to us to opt out of further communications will not be effective, as we have no control over the activities of such third parties.

Effective Date: October 10, 2023