PRIVACY POLICY

SET FORTH BELOW IS OUR PRIVACY POLICY. OUR PRIVACY POLICY EXPLAINS HOW WE COLLECT, USE, SHARE AND PROTECT THE INFORMATION WHICH IS PROVIDED TO US AS A RESULT OF YOUR USE OF OUR WEBSITE.

THIS PRIVACY POLICY IS IN ADDITION TO OUR CALIFORNIA PRIVACY POLICY AS AVAILABLE ON OUR WEBSITE. NOTHING CONTAINED MEANS THAT OUR CALIFORNIA PRIVACY POLICY IS LIMITED BY THIS PRIVACY POLICY.

TABLE OF CONTENTS

  1. AFFILIATES
  2. CERTAIN DEFINITIONS
  3. THE INFORMATION WE COLLECT
  4. HOW WE USE THE INFORMATION
  5. INFORMATION SHARING AND DISCLOSURE
  6. COOKIES
  7. YOUR CHOICES
  8. SECURITY
  9. THE CHILDREN’S ONLINE PRIVACY ACT
  10. UPDATES
  11. CONTACT US
  1. AFFILIATES.“Blu Jam Café” is a trade name used in connection with, among other things, the single restaurant which is owned and operated in the Los Angeles, California area by each of the following (each separately the “Blu Jam Company”):

    NAME

    FIESTA EXPRESS, INC., a California corporation

    BLU JAM CAFE – BRENTWOOD, a California Corporation

    BLU JAM CAFE – DTLA, a California Corporation

    BLU JAM CAFE – TARZANA, a California Corporation

    BLU JAM CAFE ON MULHOLLAND, a California Corporation

    BLU JAM CAFE ON VENTURA, a California Corporation

    Each Blu Jam Company is an affiliate of each other Blu Jam Company. Our Site is a single website which is relevant to each Blu Jam Company as well as to BJC Ventures, a California Limited Liability Company which licenses various assets to a company in Tokyo, Japan, which is authorized to operate a Blu Jam Café in Tokyo, Japan.

    To the extent that any information of yours is collected due to your use of our Site, or as a result of your providing information to us, each Blu Jam Company has access to such information. Such access exists without a given Blu Jam Company taking any action to “share” such information with another Blu Jam Company.

  2. CERTAIN DEFINITIONS.Certain terms that are used in this Privacy Policy are defined below. “Our” is a reference to something which belongs or refers to us.

    “Site”, Sites, or “Website” means any website maintained or controlled by us even if such Website is not specifically named in these Terms Of Use.

    “Us” means each Blu Jam Company. “We” means each Blu Jam Company.

    “You” means the person who is accessing or using the Website. “Your” is a reference to something which belongs or refers to you.

  3. THE INFORMATION WE COLLECT.

    Your IP Address

    When you access the Site, your “IP Address” (internet protocol address) is sent to our Site. An IP Address is a string of numbers which identifies the computer, laptop or mobile device which you are using to access our Site. Without further activity on our part (which we do not engage in), an IP Address does not identify a particular individual.

    If An Order Is Placed With Us

    As described in our Terms Of Use, on the Site there is a Tab entitled “Delivery And Takeout Platters”. If you click on this Tab and proceed to order a “large platter”, you will be asked to provide us with various personal information and after you click the “SUBMIT TAKEOUT PLATTERS FORM”, you will be asked to pay for your order by credit card at our Site. In this regard, your name and phone number are made available to us so that we can identify you for purposes of your pick-up of your order.

    Third Party Delivery Services

    There are several third parties which provide ordering and delivery services with respect to our food and beverages (the “Restaurant Items”). These third parties include Grubhub, Door Dash, Office Express, Postmates and Uber Eats (each a “Delivery Service”).

    When you order the Restaurant Items from any of such Delivery Service your order

    is made by using the w ebsite of such Delivery Services – not our Site. As a result, we do

    not collect any personal information about you and payment for the Restaurant Items is made to the Delivery Service. We receive payment from the Delivery Service based upon your order.

    THE USE OF THE DELIVERY SERVICE’S WEBSITE IS AT YOUR OWN RISK. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING ANY MATTER PERTAINING TO THE DELIVERY SERVICE’S WEBSITE, INCLUDING WITHOUT LIMITATION THE NATURE OF OR THE EFFICIENCY OF SUCH DELIVERY SERVICE’S WEBSITE OR THE SECURITY MEASURES AND PROCEDURES WHICH ARE USED BY THE DELIVERY SERVICE IN CONNECTION WITH THE DELIVERY SERVICE’S WEBSITE. WE ARE NOT RESPONSIBLE FOR THE EXPERIENCE YOU HAVE OR THE ISSUES YOU MAY HAVE IN USING THE DELIVERY SERVICE’S WEBSITE.

    Yelp Waitlist

    Yelp Inc. is a company which, among other things, provides a service to restaurants know as “Yelp Waitlist”. Users of Yelp Waitlist, though the use an application provided by Yelp, attempt to obtain information about the wait for seating at a location operated by Blu Jam Company and, if the user desires, join the “waitlist” and track such user’s place in line at the location chosen by the user.

    As a result of your use of Yelp Waitlist, we obtain your name and e-mail. We may use your e-mail in connection with promotions or other activities which are conducted by the Blu Jam Company.

    WE ARE NOT RESPONSIBLE FOR THE MANNER IN WHICH YELP INC., OR ANY AFFILIATE OF YELP INC., USES OR MAY USE THE INFORMATION WHICH YOU PROVIDE IN CONNECTION WITH YOUR USE OF THE APPLICATION PROVIDED BY YELP INC. WE CANNOT GUARANTEE OR ASSURE THAT THE PERSONAL INFORMATION WHICH YOU PROVIDE TO YELP INC. WILL NOT BE DISCLOSED TO ANOTHER THIRD PERSON OR MISUSED IN SOME MANNER.

    Your Rights With Respect To The Information Which We Collect

    YOU HAVE VARIOUS RIGHTS WITH REGARD TO OUR COLLECTION AND USE OF YOUR PERSONAL INFORMATION. THESE RIGHTS ARE EXPLAINED IN DETAIL

    IN OUR CALIFORNIA PRIVACY POLICY. PLEASE READ OUR PRIVACY POLICY AND OUR CALIFORNIA PRIVACY POLICY.

  4. HOW WE USE THE INFORMATION.We do not “sell” your information in the sense of selling your information to a third party in exchange for money.

    As discussed under the “If An Order If Placed With Us” subcategory of “THE INFORMATION WE COLLECT” above, as a result of your placing an order for a “large Platter” with us, your name and phone number are made available to us so that we can identify you for purposes of your pick-up of you order.

    As discussed under the “Yelp Waitlist” subcategory of “THE INFORMATION WE COLLECT” above, as a result of your use of Yelp Waitlist, we obtain your name and e-mail. We may use your e-mail in connection with promotions or other activities which are conducted by the Blu Jam Company.

    As discussed, under “COOKIES” below, we use Google Analytics to gather data regarding the use of the Site, including your use of the Site.

    The California Consumer Protection Act (the “CCPA”) is described in detail under our California Privacy Policy as available on the Site. Under the CCPA, the concept of “sell” includes “disclosing”. A discussion of how we can interact with a “Service Provider” (for example, a third party which fulfills your order for our food and/or beverages) without it being deemed that we are selling or disclosing such information to such “Service Provider” is set forth in detail in our California Privacy Policy. PLEASE REFER TO AND READ OUR CALIFORNIA PRIVACY POLICY.

  5. INFORMATION SHARING AND DISCLOSURE.We may share and disclose information in the following ways or for any other purpose disclosed at the time of collection:

    Legal and law enforcement purposes.

    We may disclose Information in response to legal process, for example in response to a court order or a subpoena, or in response to a law enforcement agency’s request. We also may disclose such Information to third parties: (i) in connection with fraud prevention activities, (ii) where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, (iii) in situations that may involve violations of our Terms Of Use or other rules, (iv) to protect our rights and the rights and safety of others, and (v) as otherwise required by law.

    Change Of Control.

    We may transfer Information in the event of a business transaction, such as if we or one of the Blu Jam Companies is are acquired by, sold to, or merged with another company or as part of a bankruptcy proceeding or a business reorganization.

    Service Providers.

    We may share Information with one or more “Service Providers”. The concept of a “Service Provider” is discussed in our California Privacy Policy. PLEASE REFER TO AND READ SECTION 5 OF OUR CALIFORNIA PRIVACY POLICY.

  6. COOKIES.When you access the Website, the Website stores information from your web browser, which involves the use of “cookies”. Cookies are basically files which may includes a unique identifier that is sent from our server to your web browser. Each time your web browser requests access to our Website information is sent back to our server. As a result, information regarding your IP address (a string of numbers which identifies the computer, laptop or mobile device which you are using to access our Website).

    There are different types of cookies, the use of which are summarized below:

    Strictly Necessary Cookies

    These are cookies that are necessary for our Website to function so as to fulfil an action requested by you, such as identifying you as being logged in. If you prevent these cookies by adjusting your browser settings, parts of our Website will not function properly.

    Performance cookies

    These are cookies enable our Website to function in an enhanced manner. This includes “analytics” which allow us to see how the Website is being used and to collect Information about how you (and others) are using the Website. The information is collected in an anonymous form and includes the number of visitors, where visitors have come from to the Website and the pages they visited. In this regard, we use Google Analytics to gather data regarding the use of the Site, including Your use of the Site. The Google Analytics platform shows the aggregate, high level usage data as it relates to engagement, retention and acquisition. We do not store individual tracking information from your use of the Website, except that your entry of your age (as required to enter the Website) is available to us.

    Targeting Cookies

    We do not have advertising partners associated with our Website. Therefore, there are no cookies which are provided to any advertising partners.

  7. YOUR CHOICES.

    In General

    In our separate California Privacy Policy, we discuss both the California “Shine The Light” Law and the California Consumer Protection Act. Under both these laws, you have various rights with regard to the personal information which we have collected by reason of your use of the Site. These rights include, among other things, the right to contact us and request various information from us, or to request that we do not sell or disclose such personal information.

    Option of Yours – Do Not Sell My Personal Information

    There is a link on the Site titled “Do Not Sell My Personal Information” which you can use to instruct us not to “sell” your personal information.

    As discussed, under “HOW WE USE THE INFORMATION” above, under the CCPA, the concept of “sell” includes “disclosing”. A discussion of how we can interact with a “Service Provider” (for example, a third party which fulfills your order for our food and/or beverages) without it being deemed that we are selling or disclosing such information to such “Service Provider” is set forth in detail in our California Privacy Policy.

    If you instruct us to not sell your personal information, this does not necessarily mean that a Service Provider cannot assist with the fulfillment of your order. This is because if certain contractual conditions are satisfied (between the Service Provider and us) we can interact with the Service Provider without it being deemed that we are selling or disclosing such information to such Service Provider.

    Review Of Our California Privacy Policy

    PLEASE REVIEW THE CALIFORNIA PRIVACY POLICY FOR MORE DETAIL OF YOUR CHOICES.

  8. SECURITY.While we work to protect the your security, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any occasion where you believe that your use of the Website has lead to a third-party contacting you in a manner which is not acceptable to you.
  9. THE CHILDREN’S ONLINE PRIVACY ACT.We are committed to complying with the Children’s Online Privacy Act (“COPPA”). COPPA is a federal (U.S.) law which is designed to protect children when they are involved with online activities. We encourage each parent or guardian of a child under the age of 13 to take an active role in protecting their child’s privacy and online activity. We do not knowingly collect personal information from a person who is under the age of 13. If you become aware that a person who is under the age of 13 is using the Site, please contact us at privacy@blujamcafe.com.
  10. UPDATES.At the end of this Privacy Policy there is a “Last Updated” reference which sets forth the date when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy. Your use of the Site following these changes means that you accept the revised Privacy Policy.
  11. CONTACT US.

You can contact us by e-mail at privacy@blujamcafe.com.

Last Updated: December , 2019.

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