Taco Bueno | Privacy Policy
We have prepared this disclosure regarding the privacy practices for the tacobueno.com Website. If you feel that Taco Bueno is not abiding by its posted privacy policy, you should contact us immediately at webmaster@tacobueno.com. Taco Bueno may from time to time revise this policy, and it reserves the right to make such changes without any obligation to notify past, current or prospective visitors.
Information Collection and Use
Taco Bueno is the sole owner of all information collected on this site. Taco Bueno does not sell, rent, loan, trade, or lease any personal information collected at our site, including membership forms or email lists. Taco Bueno may collect information from our users at several different points on our website
Privacy of Email Lists
Taco Bueno maintains several email lists to keep each Buenohead® informed about breaking events. Individuals must affirmatively ask to join our mailing lists during site registration or by contacting Taco Bueno staff directly at webmaster@tacobueno.com. We do not sell, rent, loan, trade, or lease the addresses on our list to anyone. In addition, we configure our list server software to refuse to divulge the email addresses of our list subscribers to anyone but authorized Taco Bueno staff, including other list subscribers.
Cookies
We may use “cookies” on some pages of our website to help us serve you better each time you return. A cookie is a small text file which is sent by a website, accepted by a web browser and then placed on your hard drive. As discussed below, Taco Bueno’s Website cookies are not combined with the user’s screen name or any personal identification. The data collected from these cookies helps us to analyze browsing patterns of our visitors in order to improve the content and design of our website. The information collected from these cookies is for the exclusive use of Taco Bueno and will not be shared with other vendors. The cookie expires after a period of time. You can always set your browser to refuse all cookies or to warn you when a cookie is sent to you. This will provide you with more control over the acceptance of cookies on your hard drive. However, it is possible that some portions of this website will not function properly or may perform more slowly if you choose to reject cookies.
Log Files
An IP address is a number that is automatically assigned to your computer whenever you are surfing on the Web. Web servers automatically will identify a computer by its IP address. We use IP addresses to analyze trends, administer the site, track users’ movement and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
Sharing
At times, we may be working with third-party companies to support the technical operation of this Website or to execute a specific promotion or program. If the information is to be shared with any third party for the purposes of executing a specific promotion or program, the details will be clearly communicated in the program’s rules for the specific program or promotion, and the third party will have no right to use the information for independent purposes. These third parties are not allowed to use personally identifiable information, except for the purpose of providing these services. In support of this policy, Taco Bueno will enter into written agreements with all third parties to require those parties to meet reasonable privacy standards.
Links
If this website contains links to other sites, please be aware that Taco Bueno is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this website.
Security
This website takes commercially reasonable precautions to protect our users’ information. We encourage the use of encryption to communicate with Taco Bueno. When users submit personally identifiable information via the website, the information is protected both online and off-line. If you have any questions about the security at our website, you can send an e-mail to webmaster@tacobueno.com .
Correcting/Updating Personal Information
If a user’s personally identifiable information changes (such as your zip code), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that user’s personal data provided to us.
Choice/Opt-In
Any personally identifiable information collected by Taco Bueno is for special offer fulfillment purposes only, and that information is destroyed once the request or offer has been fulfilled. However, if you choose to opt-in for future offers and updates, your information will be kept in a secure database in order to alert you via e-mail or SMS/MMS message to new features, special offers, updated information and new services. Users who provide information at the time of registration or other submission will be asked whether they wish to receive future offers and updates from the website and may opt-in at that time by checking the appropriate opt-in box on the page where such personal information is collected. We will not sell, share or rent this information to others in ways different from what is disclosed in this statement.
Users who initially opt-in who no longer wish to receive our future offers or other promotional materials may subsequently opt-out of receiving these communications by emailing us at webmaster@tacobueno.com and putting “Unsubscribe” in the subject line. Users who agree to receive SMS/MMS messages via Taco Bueno’s SMS/MMS program (“Taco Bueno Texts”) may opt-out of receiving future messages by texting “STOP” to 99355 from that user’s mobile phone. More information on Taco Bueno Texts may be found at TERMS AND CONDITIONS and in the SMS/Text Messaging section below. Users of our site are always notified when their information is being collected for use by any third parties (see Sharing above). We do this so our users can make an informed choice as to whether or not they should proceed with services that require sharing their personal information with a third party.
SMS/Text Messaging
By opting in to Taco Bueno Texts, you agree to receive recurring automated promotional and personalized marketing text messages (including SMS, MMS, and RCS — e.g., cart reminders) from Taco Bueno, including messages that may be sent using an automatic telephone dialing system and/or AI-assisted technology, to the mobile telephone number you provided when signing up or any other number that you designate. You agree that you consent to receive such messages regardless of any state or federal time-of-day restrictions and/or the presence of your telephone number on any state or federal Do Not Call list/registry. Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply.
Message frequency varies, and Taco Bueno reserves the right to adjust the frequency of messages sent at any time, as well as to change the short code or phone number from which messages are sent.
After you text “STOP,” you will no longer receive SMS messages from us for that program. You understand and agree that you may need to manage your communication preferences for each communication method separately (for example, text messages and emails). Please note that for some transactional communications, the only way to stop receiving all communications may be to stop using Taco Bueno’s online services and/or close your online services account. You can get more information by texting the keyword HELP to our shortcode.
You are responsible for keeping your phone number and any other account information accurate and up to date at all times. You further agree to expressly opt out of receiving future messages before any abandonment or reassignment of your mobile number.
Dispute Resolution for Text Messaging.
General. In the interest of resolving disputes between you and Taco Bueno in the most expedient and cost-effective manner, you and Taco Bueno agree that any dispute arising out of or in any way related to these messaging terms and conditions (“Messaging Terms”) or your receipt of text messages from Taco Bueno or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Taco Bueno or its service providers, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND TACO BUENO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions. Notwithstanding the foregoing, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Taco Bueno to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Taco Bueno will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Taco Bueno. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. If you or Taco Bueno intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Taco Bueno’s address for Notice is: 4515 Lyndon B Johnson Fwy, Farmers Branch, Texas 75244, Attn: General Counsel. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). You and Taco Bueno will make good faith efforts to resolve the claim directly, but if you and Taco Bueno do not reach an agreement to do so within 30 days after the Notice is received, you or Taco Bueno may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Taco Bueno must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
Fees. If you commence arbitration in accordance with these Messaging Terms, Taco Bueno will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Taco Bueno for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Taco Bueno agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Taco Bueno made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND TACO BUENO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Taco Bueno agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Taco Bueno makes any future change to this arbitration provision, other than a change to Taco Bueno’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Taco Bueno’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Taco Bueno.
Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of the “No Class Actions” subsection above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Reassigned Numbers. Because mobile numbers may be reassigned to new subscribers, you are required to notify Taco Bueno and opt out of Taco Bueno Texts before abandoning or otherwise ceasing use of a mobile number that you have used to opt in. Taco Bueno and its service providers may take reasonable steps, including reference to resources such as the FCC Reassigned Numbers Database, to help reduce the likelihood of messages being sent to a reassigned number.
This SMS/Text Messaging section applies to Taco Bueno Texts and to any other Taco Bueno-affiliated rewards or messaging program (including the BUENOHEADS rewards program) that sends marketing text messages, except where such program’s own terms expressly state otherwise.
Notification of Changes
If we decide to change our privacy policy, we will make those changes herein, so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an e-mail. Users will have a choice as to whether or not we use their information in this different manner. We will always use information in accordance with the privacy policy under which the information was collected.
COPPA Compliance
Taco Bueno adheres to the federal privacy protection standards articulated in the Children’s Online Privacy Protection Act (COPPA). From time to time, certain sections of the Website are directed at children under the age of thirteen. On our websites for children, we do not collect personal information online from children under 13 without their parent’s consent except in special, limited circumstances, described below. If a child is under 13 and wants to use our children’s sites with special activities, we might ask the child to “register” by giving us a first name and his/her state of residence. When we ask for a child’s first name, the child is encouraged to use a “screen name” (not his/her real name) that only the child knows. Sometimes we will ask the child to make up a special password so that only they can see their customized areas on the site. With parent’s verifiable consent, we may collect personal information from a child such as an email address when the information is necessary for a particular activity. We usually will ask the child for his/her parent’s email so that we get parental permission for a child to provide any personal information. When we ask for parental permission, we will tell the parents what we will do with the information his/her child provides us, and we will tell parents how they can review their child’s information and ask us to delete the information. We don’t keep parents’ (or children’s) email address unless parents tell us it is ok. Taco Bueno might collect some information from your child under 13 without your consent, but only in the following special cases: If a child under 13 sends a request to us, we keep their email address for long enough to respond to them. Taco Bueno deletes this information from our system after we answer the child’s question. The Taco Bueno Webmaster will be the only person who receives, collects or maintains children’s submitted information, even temporarily, through the Website. The Webmaster will not use such information for any purpose, including marketing back to the child. The Webmaster will not disclose information collected from children to third parties.
Occasionally, Taco Bueno has special site activities or promotions like sweepstakes or contests which are open to children even if they are under 13. In these activities, we will not ask for more information from a child than what is necessary for a child to participate in the activity. For instance, we might ask for a parent’s email address so that we can request information on how to send the child any prizes won to tell a parent when his/her child has won.
In the last two situations when we ask for information without parental consent, we require the child to give us his/her parent’s email address, so that we can tell the parent that they have registered in a promotion or for a service. Any information a child gives us in the above special circumstances will be deleted from our database once the promotion, program or activity is concluded, and after any legally required period for keeping such information is complete
We also might collect contact information where it is necessary to protect a child’s safety. A parent can always ask to review the information his/her child has submitted to us by sending us an email at webmaster@tacobueno.com or a written request addressed to Taco Bueno Restaurants, L.P., 1605 LBJ Freeway Suite 800, Farmers Branch, TX 75234, Attn: Webmaster, Children’s Online Privacy Act – Information Request. Requests must include the screen name of the child, the child’s password and any other information which will allow us to verify that the requester is the parent of the child whose information is requested. A parent can ask us to delete a child’s information at any time and a parent can ask that we do not collect any more personal information from his/her child, by sending us an email at webmaster@tacobueno.com or a written request addressed to Taco Bueno Restaurants, L.P., 1605 LBJ Freeway Suite 800, Farmers Branch, TX 75234, Attn: Webmaster, Children’s Online Privacy Act – Delete Request. However, if a parent asks us to delete his/her child’s information, we may have to ask the child.
