Privacy Policy

Last updated: May 26, 2024

PRIVACY POLICY

In this In this privacy statement, we explain what we do with the data we obtain about you via https://gunthertoodys.com/, including information you provide directly to us, information collected related to your usage of our interactions with our staff at our physical locations, as well as any online interactions such as digital products/platforms from sources such as scripts pixels and cookies information collected about your in-restaurant, delivery, or to-go service with us from restaurant systems and data derived from this data. We recommend you carefully read this statement. In our processing we comply with the requirements of privacy legislation. This means, among other things, that:

• we clearly state the purposes for which we process personal data. We do this by means of this privacy statement;

• we aim to limit our collection of personal data to only the personal data required for legitimate purposes;

• we first request your explicit consent to process your personal data in cases requiring your consent;

• we take appropriate security measures to protect your personal data and also require this from parties that process personal data on our behalf;

• we respect your right to access your personal data or have it corrected or deleted, at your request.

• we do no share data with third parties outside of our processors, but data may be shared with a parent company, subsidiary, joint venture, or other company under common control.

If you have any questions, or want to know exactly what data we keep of you, please contact us.

DATA COLLECTION

Below are the categories of personal information Gunther Toody’s Diner will collect from you, and the purpose for which the data shall be used:

PURPOSE: CUSTOMER CONTACT

The following categories of data are collected:

• First & Last name

• Mobile App ID

• Email address

• Phone number

• Geolocation data

• IP Address

PURPOSE: CUSTOMER SERVICE & SALES TRANSACTIONS

The following categories of data are collected:

• First & Last name

• Physical Address

• Email address

• Phone number

• Birth Date

• Anniversary

• Financial Payment Information

• Geolocation data

• Mobile App ID

• IP address

• Food Allergies

• Commercial information, including records of personal property, products or services purchased, obtained, or considered

PLEASE NOTE THAT NOT ALL OF THE ABOVE-LISTED PERSONAL INFORMATION IS REQUIRED. FOR INSTANCE, WE WILL ONLY COLLECT FOOD ALLERGIES TO ENSURE THE HEALTH AND SAFETY OF OUR GUESTS.

PURPOSE: STATISTICAL DATA ANALYSIS FOR WEBSITE & MOBILE APP IMPROVEMENT

The following categories of data are collected:

• IP address

• Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement

• Geolocation data

PURPOSE: SHARING OF PERSONAL DATA WITH THIRD PARTY VENDORS

Under the CCPA, the word “sale” or “sell” means a transfer of data between Car 54 LLC and our processors or vendors for purposes “specifically to sharing for cross-context behavioral advertising, which is the targeting of advertising to a consumer based on the consumer’s personal information obtained from the consumer’s online activity across numerous websites”. Gunther Toody’s Diner does not sell any personal information to third parties for the purpose of targeted advertising or marketing. We only disclose your required information to vendors to provide you with goods and services.

The following categories of data are collected:

• First & Last name

• Physical address

• Email address

• Phone number

• Birth Date

• Anniversary

• Financial Payment Information

• IP address

• Mobile App ID

• Food Allergies

• Commercial information, including records of personal property, products or services purchased, obtained, or considered

• Internet activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement

• Geolocation data

TOODY CLUB LOYALTY PROGRAM

When creating an account In-Store Check Out, Online Ordering Portal, Website or any other method, our guests consent to participation in the Toody Club, which is Gunther Toody’s Diners’ loyalty program. At sign-up, this consent also includes opting-in to automatically receive marketing e-mail communications directly related to the loyalty program. Guests may opt-out of e-mail communications at any time via unsubscribe links in the bottom of our e-mails. If for any reason after signing up you decide you would no longer like to participate, please Contact Us and communicate your desire to opt-out. Find out more about the Toody Club here.

SMS TEXT MESSAGE MARKETING PROGRAM

Our SMS Text Messaging Program allows us to communicate with our guests in multiple respects. By providing us your phone number, it is implied that you wish to receive service notifications that you have successfully joined our waitlist, that you wish to be notified when your table is ready, that we have received your order, or that you would like us to send you updates about that order.

Through explicit double opt-in consent by our guests, the program provides our latest restaurant news like special member rewards, offers and opportunities, new menu releases, or culture and corporate social responsibility commitments, along with updates and offers related to our guest loyalty platform. Message frequency varies based on guest interactions with our services and platforms. As always, standard data rates may apply.

You may cancel or opt out of SMS communications by replying “STOP” to stop receiving text messages. We will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us (unless you re-subscribe).

HOW WE RESPOND TO DO NOT TRACK SIGNALS

Our website responds to and supports the Do Not Track (DNT) header request field. If you turn DNT on in your browser, those preferences are communicated to us in the HTTP request header, and we will not track your browsing behavior.

COOKIES

Our website uses cookies. For more information about cookies, please refer to our Cookie Policy. We have concluded a data processing agreement with Google. Google is not permitted to your personal data for any other Google-related services unless you explicitly opt into those services with Google directly.

The inclusion of full IP addresses is blocked by us.

SECURITY

We are committed to the security of personal data. We take appropriate security measures to limit abuse of and unauthorized access to personal data. This ensures that only the necessary persons have access to your data, that access to the data is protected, and that our security measures are regularly reviewed.

The security measures we use consist of:

• Username and Password

• TLS / SSL

• DKIM, SPF en DMARC

• Physical security measures of systems which contain personal data

• Security software

THIRD PARTY WEBSITES

This privacy statement does not apply to third party websites connected by links on our website. We cannot guarantee that these third parties handle your personal data in a reliable or secure manner. We recommend you read the privacy statements of these websites prior to making use of these websites.

AMENDMENTS TO THIS PRIVACY STATEMENT

We reserve the right to make amendments to this privacy statement. It is recommended that you consult this privacy statement regularly to be notified of any changes. In addition, we will actively inform you of any substantive changes to this privacy policy as required by law.

CHILDREN / MINORS

Our website is not designed to attract or interact with children, and it is not our intent to collect personal data from children under the age of consent in their country of residence. We do not knowingly collect personal information about minors. This site and services are not directed towards individuals under the age of 13, and we do not intentionally gather personal information about visitors who are under the age of 13. Furthermore, we do not intentionally allow visitors under the age of 18 to register for the services. 

We therefore request that children under the age of consent do not submit any personal data to us. If a child under 13 submits personal information to us and we learn that the personal information is the information of a child under 13, we will attempt to delete the information as soon as possible.

CONTACT INFORMATION

Car 54 LLC 

2105 S Nevada Street
Oceanside, CA 92054

United States

Website: https://gunthertoodys.com

Email: contact@gunthertoodys.com

Phone number: 1-888-400-8301

Car 54 LLC is committed to keeping this website up to date and accurate. Should you nevertheless encounter anything that is incorrect or out of date, we would appreciate it if you could let us know. Please indicate where on the website you read the information. We will then look at this as soon as possible. Please Contact Us.

We are not liable for loss as a result of inaccuracies or incompleteness, nor for loss resulting from problems caused by or inherent to the dissemination of information through the internet, such as disruptions or interruptions. When using web forms, we strive to limit the number of required fields to a minimum. For any loss suffered as a result of the use of data, advice or ideas provided by or on behalf of Car 54 LLC via this website, Car 54 LLC accepts no liability.

The use of the website and all its components (including forums) is subject to the terms of use. The mere use of this website implies the knowledge and the acceptance of these terms of use.

Responses and privacy inquiries submitted by email or using a web form will be treated in the same way as letters. This means that you can expect a response from us within a period of one (1) month at the latest. In the case of complex requests, we will let you know within one (1) month if we need a maximum of three (3) months.

Any personal data you provide us with in the context of your response or request for information will only be used in accordance with our privacy statement.

Car 54 LLC shall make every reasonable effort to protect its systems against any form of unlawful use. Car 54 LLC shall implement appropriate technical and organizational measures to this end, taking into account, among other things, the state of the art. However, it shall not be liable for any loss whatsoever, direct and/or indirect, suffered by a user of the website, which arises as a result of the unlawful use of its systems by a third party.

Car 54 LLC accepts no responsibility for the content of websites to which or from which a hyperlink or other reference is made. Products or services offered by third parties shall be subject to the applicable terms and conditions of those third parties.

Our employees shall make every effort to guarantee the accessibility of our website and to continuously improve it. Including for people who use special software due to a disability.

This website is therefore built according to the WCAG 2.1 level AA guidelines. These guidelines are internationally recognized agreements on accessibility, sustainability, interchangeability, and find-ability of websites.

All intellectual property rights to content on this website are vested in Car 54 LLC.

Copying, disseminating and any other use of these materials is not permitted without the written permission of Car 54 LLC, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote), unless specific content dictates otherwise.

If you have any questions or problems with the accessibility of the website, please do not hesitate to contact us.

CPA RIGHTS

(As provided by Colorado Privacy Act)

For more information on your privacy rights under CPA, please consult the official text.

A Colorado consumer, defined as a Colorado state resident acting only in an individual or a household (non-business) context, who has provided personal data to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “Consumer”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal data, upon receipt of a request by a Consumer, the business is required to provide a list of all third parties to who personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed. Consumers may request further information about our compliance with this law by email at contact@gunthertoodys.com. 

To the extent that any provision of this privacy statement does not comply with this section, and to the extent that a Colorado Consumer accesses this Site, the provisions specific to CPA shall control.

We only share or disclose this data to other recipients for the following purposes:

• Customer Relationship Management

• Online Ordering

• Guest Loyalty (Toody Club)

• In-Restaurant Ordering & Guest Loyalty

• Tableside (In-Person Dining) Payment

• Gift Card Purchase & Redemption Services

• Email Communications Delivery

• SMS Messaging Delivery

• Fraud Detection, Investigation & Prevention
  
  

We also disclose personal information if we are required by law or by a court order, in response to a law enforcement agency, to the extent permitted under other provisions of law, to provide information, or for an investigation on a matter related to public safety. Under Federal and State laws, disclosure of personal information in compliance with a search warrant or court order is not a “sale” of personal information and there is no opt-out option. For more information on “Do Not Sell” and opting out, please refer to our Cookie Policy.

We may share this information with a parent company, subsidiary, joint venture, or other company under common control.

ACCESS & MODIFYING YOUR DATA

If you have any questions or want to know which personal data we have about you, please contact us. Please make sure to always clearly state who you are, so that we can be certain that we do not modify or delete any data of the wrong person. Under CPA, we are permitted to request that you provide us with identification satisfactory to allow us to verify your identity. We shall provide the requested information only upon receipt of a verifiable consumer request. You can contact us by using the information below. You have the following rights:

THE RIGHT TO KNOW WHAT PERSONAL INFORMATION IS BEING COLLECTED ABOUT YOU

• You have the right to request us to provide you with the personal information we have collected about you. In our disclosure, we will endeavor to provide you with the following:

• 
  

  • The categories of personal information Gunther Toody’s Diner has collected about you.

  • The categories of sources from whom Gunther Toody’s Diner collects the personal information is collected.

  • The business or commercial purpose for collecting or disclosing personal information.

  • The categories of third parties with whom Gunther Toody’s Diner shares personal information.

  • The specific pieces of personal information Gunther Toody’s Diner has collected about you.

THE RIGHT TO KNOW WHETHER PERSONAL INFORMATION IS SOLD OR DISCLOSED AND TO WHOM (RECIPIENTS OF PERSONAL DATA)

• You have the right to request that we provide you with a summary of how we disclose or share your personal information for specific business purposes required to provide you with services and loyalty rewards benefits, including:

• 
  

  • The categories of personal information that Gunther Toody’s Diner collected about you.

  • The categories of personal information that Gunther Toody’s Diner has disclosed to third-party vendors and service about you and the categories of third parties to whom the personal information was sold, by category or categories of personal information for each third party to whom the personal information was disclosed or shared.

THE RIGHT TO DELETE YOUR PERSONAL INFORMATION 

• You shall have the right to request that we delete any personal information about the consumer which the business has collected from the consumer.

• Once we receive a verifiable request from a consumer to delete your personal information (in compliance with the CPA’s verification requirements), we shall take steps to delete your personal information from our records and direct any service providers to delete your personal information from our records.

• Exceptions: We are not required to comply with a deletion request if it is necessary for Gunther Toody’s Diner or our service provider to maintain your personal information in order to perform any or all of the following transactions where we require your personal data, or in instances where we are compelled by a court order to retain your data.
  
  

We will otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.

EXPANDED NOTICE OF DISCLOSURE

In compliance with CPA we sell or disclose your personal information to the following entities to perform the following business transactions:

If you submit a request to exercise your privacy rights under the Colorado Privacy Act, and some of your personal data has been stored with our third-party vendor, you may have to send them your request directly using the contact information provided above.