PRIVACY POLICY

ADDITIONAL POLICY FOR CALIFORNIA RESIDENTS

GLOBAL PRIVACY POLICY

IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON LA GRULLENSA RESTAURANT’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.

This application and other websites (collectively, the “Online Services”) owned, operated, licensed or controlled by La Grullensa Restaurant or any of its related, affiliated, or subsidiary companies (together, “La Grullensa Restaurant” or “La Grullensa”), including its franchise partners, are for your personal use only. Your installation, access to and use of the Online Services are subject to the following Terms and Conditions, including our Privacy Policy. La Grullensa reserves the right to update these Terms and Conditions, as well as its Privacy Policy at any time. If we make any changes or additions to these Terms or the Privacy Policy, we will notify you by posting the changes here. Changes are effective as of the date on which they are posted.

By using these Online Services, you accept, without limitation or qualification, these Terms and Conditions and the Privacy Policy. If you do NOT agree, you must immediately stop using these Online Services and request that La Grullensa Restaurant close any Online Services account that you have created, if any. You can request account deletion by contacting us. Please note that the content of our Online Services is not directed to children under the age of 13, and you understand that you must be at least 13 years old to use the Online Services.

RESTRICTIONS ON USE
You acknowledge that La Grullensa retains all rights in the content included in the Online Services, including all trademarks, service marks, designs, logos, graphics, icons, images, audio or video content, data, software, or text. Any use of such content without the express written consent of La Grullensa Restaurant is prohibited; however, La Grullensa grants you a limited license to use and access the Online Services for personal and non-commercial purposes in accordance with these Terms and the Privacy Policy. You agree not to modify, reproduce, distribute, commercially exploit, or reverse engineer such content or the Online Services.

La Grullensa may choose to modify the Online Services without notice or liability to you. Further, in its sole discretion and without notice to you, La Grullensa may terminate your access to the Online Services at any time including, but not limited to, if La Grullensa believes you have violated these Terms and Conditions or applicable law. Upon termination, these Terms and Conditions shall continue to apply to your prior use of the Online Services.

PRIVACY
Any information about you collected by La Grullensa through your use of the Online Services shall be subject to our Privacy Policy. Please read the Privacy Policy for more information on how La Grullensa collects, uses, and shares your personal information.

With regard to marketing communications you may receive from us, we provide in each email the option to unsubscribe from future emails. Your profile in certain Online Services can also be accessed to manage your communication preferences. Alternatively, you may be able to manage your communication preferences within the settings of your own device. Please note that you are responsible for the security and function of your device, as well as standard text messaging fees imposed by your wireless carrier’s rate plan. You understand that you must specifically opt out of any communications you are receiving from our franchise partners.

SUBMISSIONS
You represent that all remarks, suggestions, ideas, graphics, or other information communicated by you to La Grullensa Restaurant through these Online Services (together, the “Submission”) is your own. La Grullensa Restaurant will not be required to treat any Submission as confidential. La Grullensa Restaurant will not be liable for any ideas used in its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future La Grullensa Restaurant operations with such Submissions. Without limitation, La Grullensa Restaurant will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. La Grullensa Restaurant will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not La Grullensa Restaurant, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

RESTRICTION OF LIABILITY
LA GRULLENSA RESTAURANT WILL NOT BE LIABLE FOR ANY LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE INDIRECTLY OR DIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE ONLINE SERVICES (INCLUDING ANY CONTENT OR MATERIALS INCLUDED IN THE SAME), EVEN IF AN AUTHORIZED La Grullensa Restaurant REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION. LA GRULLENSA RESTAURANT WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, UNAUTHORIZED ACCESS, LINE FAILURE, OR ANY INFORMATION RECEIVED BY USERS OF THE ONLINE SERVICES. The above limitation or exclusion may not apply to the extent that applicable law does not allow the limitation or exclusion of liability for incidental or consequential damages. La Grullensa Restaurant’s total liability for all losses, damages, and causes of action (in contract, tort [including without limitation, negligence], or otherwise) will not be greater than the amount paid by you to access these Online Services.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless La Grullensa against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses arising directly or indirectly from (i) your breach of these Terms and Conditions or violation of applicable law, (ii) your activities in connection with the Online Services, and/or (iii) infringement of a third party’s property or privacy rights in connection with your Submissions.

DISCLAIMER
THE MATERIALS IN THESE ONLINE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. THE MATERIAL IN THESE ONLINE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. La Grullensa Restaurant MAY MAKE CHANGES OR IMPROVEMENTS TO THE ONLINE SERVICES AT ANY TIME. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LA GRULLENSA RESTAURANT DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. La Grullensa Restaurant DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY DATA OR INFORMATION (INCLUDING PERSONAL INFORMATION AND PAYMENT CARD INFORMATION) YOU SUBMIT WOULD BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION, OR THAT THESE ONLINE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. La Grullensa Restaurant DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIALS IN THESE ONLINE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY, OR OTHERWISE. YOU (AND NOT LA GRULLENSA RESTAURANT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF THE ONLINE SERVICES AND YOU AGREE THAT YOUR SOLE REMEDY AGAINST La Grullensa FOR ANY PROBLEMS WITH THE ONLINE SERVICES IS TO DISCONTINUE USE OF THEM. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

ARBITRATION, JURISDICTION, JURY AND CLASS ACTION WAIVERS
Except as described otherwise, all materials in the Online Services are made available only to provide information. La Grullensa Restaurant makes no representation that these materials are appropriate or available for use in locations other than the United States or where the Online Services are otherwise offered. If you use these Online Services from other locations, you are responsible for compliance with applicable local laws.

Any claim you may have with respect to the Online Services must be commenced within one (1) year after the claim or cause of action arises. You agree that any claim you may have with La Grullensa related to the Online Services will be resolved solely by arbitration and that said arbitrator shall have exclusive authority to resolve any such dispute(s). Any such arbitration shall be final and binding, and administered by JAMS before a single arbitrator in a location determined by JAMS in accordance with its rules or as mutually agreed. The arbitrator shall apply California law and render a decision based on the terms, conditions and agreements referenced herein. Should any part of this arbitration provision be deemed unenforceable, the other provisions described herein shall remain in effect. Notwithstanding the foregoing, if this provision is found to be wholly unenforceable and neither party is entitled to arbitrate such dispute(s), you agree that all claims related to these Online Services must be brought in the state or federal courts located in Santa Clara County, California. Should you file any administrative or legal claims without arbitrating and La Grullensa brings a successful motion to compel arbitration, you must pay the fees (including reasonable attorney’s fees) incurred by La Grullensa in court. This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall by governed by the Federal Arbitration Act (“FAA”).

BOTH YOU AND LA GRULLENSA RESTAURANT AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY. FURTHER, NO CLAIMS MAY BE MADE ON A CLASS OR REPRESENTATIVE BASIS AS YOU AND LA GRULLENSA RESTAURANT HEREBY WAIVE THE RIGHT TO ASSERT CLAIMS IN ANY CLASS OR REPRESENTATIVE ACTION.

The failure of La Grullensa Restaurant to act with respect to a breach of these Terms and Conditions by you or others does not constitute a waiver and shall not limit any party’s rights with respect to such breach or any subsequent breaches.

ONLINE ORDERS
In certain instances, the Online Services may permit you to place orders with our restaurant online. To purchase our products, you must provide valid payment card and billing information. La Grullensa may use third party providers to process your payments to restaurants and, in doing so, La Grullensa or our providers may verify that your payment card is valid.

When you purchase items through the Online Services, you agree to pay the price stated at the time of your order, including any applicable taxes. Your payment card will be billed when you check out online or, if you do not provide payment information online, your purchase will be completed in-store when picking up your order. Upon any such purchase, you may receive a notification once your order has been accepted. By purchasing products through the Online Services, you represent and warrant that you are capable of entering into a contract under applicable law and that you understand the restaurant fulfilling your order is responsible for the products provided.

Please note that any offers or promotions you receive through the Online Services may be subject to certain terms including, but not limited to, limited availability in participating restaurants only. Generally, these deals are not transferable and cannot be redeemed for cash.

COPYRIGHT INFRINGEMENT
While La Grullensa respects the intellectual property rights of others, we do not normally monitor or screen information submitted by you through the Online Services. If you believe that your copyrighted work is being infringed by content in the Online Services, you can notify La Grullensa in writing at the address below. You must include the following: (i) your name and contact information, (ii) identification of the infringed copyrighted work through a URL or copy of the work, (iii) a detailed description of the Online Services content you believe infringes the copyrighted work, and (iv) a signed statement that you believe in good faith, under penalty of perjury, that such use is unauthorized, that the information provided is accurate, and that you are the true copyright owner or the authorized representative of the owner of such works.

La Grullensa Restaurant 461 S. Capitol Ave., Suite 15, San Jose, CA 95127 Attn: Legal Department

THIRD PARTY LINKS
All third party sites linked herein shall be subject to the policies and terms disclosed on such sites. La Grullensa disclaims any liability and shall not be responsible for any services or products offered by any such third parties or the privacy practices of such sites.

MISCELLANEOUS
The Terms and Conditions and Privacy Policy constitute the entire agreement between you and La Grullensa with respect to your use of the Online Services. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of California, United States, notwithstanding any principles of conflicts of law. La Grullensa Restaurant can revise these Terms Conditions or the Privacy Policy at any time by updating this posting.

If you need to contact us for any reason regarding the Terms and Conditions or the Privacy Policy, including in order to exercise any of the rights set forth herein, you may do so by using the contact form on this website or mailing correspondence to the following address:

La Grullensa Restaurant

461 S. Capitol Ave., Suite 15
San Jose, CA 95127

Attn: Legal Department

ADDITIONAL PRIVACY POLICY FOR CALIFORNIA RESIDENTS

LAST UPDATED: August 29, 2023

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we, La Grullensa Restaurant and its affiliates, collectively referred to as “La Grullensa”, are providing the following additional details regarding the categories of Personal Information about California residents that we have collected or disclosed within the preceding 12 months:

(1) We collected the following categories of Personal Information:

Identifiers, such as name, contact information, online identifiers, and government-issued ID numbers;
Personal information, as defined in the California customer records law, such as name, contact information, signature, payment card number, medical information, insurance information, education information, employment information, and government-issued ID numbers;
Commercial information, such as transaction information and purchase history;
Internet or network activity information, such as browsing history and interactions with our website;
Geolocation data, such as device location and IP location;
Professional or employment-related information, such as work history and prior employer;
Education information subject to the federal Family Educational Rights and Privacy Act, such as student records; and
Inferences drawn from any of the Personal Information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.
Personal information does not include:

De-identified or aggregated consumer information;
Publicly available information from government records;
Information excluded from the CCPA’s scope, like:
Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
We collect this Personal Information from you and from other categories of sources: publicly available databases and joint marketing partners, when they share the information with us. We may use this Personal Information to operate, manage, and maintain our business, to provide our products and services, and to accomplish our business purposes and objectives, including, for example, using Personal Information to: develop, improve, repair, and maintain our products and services; personalize, advertise, and market our products and services; conduct research, analytics, and data analysis; maintain our facilities and infrastructure; undertake quality and safety assurance measures; conduct risk and security control and monitoring; detect and prevent fraud; perform identity verification; perform accounting, audit, and other internal functions, such as internal investigations; comply with law, legal process, and internal policies; maintain records; and exercise and defend legal claims.

(2) We disclosed the following Personal Information to third parties for our operational business purposes:

(3) We have not “sold” Personal Information for purposes of the CCPA.

For purposes of this Notice, “sold” or “sale” means the disclosure of Personal Information for monetary or other valuable consideration but does not include, for example, the transfer of Personal Information as an asset that is part of a merger, bankruptcy, or other disposition of all or any portion of our business.

(4) If you are a California resident, you may request that we:

Disclose to you the following information covering the 12 months preceding your request:
The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
The specific pieces of Personal Information we collected about you;
The business or commercial purpose for collecting (if applicable) Personal Information about you; and
The categories of Personal Information about you that we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed such Personal Information (if applicable).
Delete Personal Information we collected from you, except when it is necessary for us or our service providers to maintain the Personal Information in order to:
Complete a transaction for which the personal information was collected, provide a good or service requested by you, or a carry out or provide a service reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between us.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
Debug to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
Comply with a legal obligation.
Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
To make a request for the disclosures or deletion described above, please contact us in one of the following ways:

Through the Contact Us page on this website.

By Mail:

La Grullensa Restaurant Privacy Management
461 S. Capitol Ave., Suite 15, San Jose, CA 95127

Or by calling us at: (408) 259-4683
Please include your request in your communication to us, including the La Grullensa brands and services relevant to your request. Because online communications are not always secure, please do not include credit card or other sensitive information in your email or use of the Inquiry Form. We will respond to your request consistent with applicable law.

You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.