The Genuine Hospitality Group Privacy Policy

Last Updated: March 4, 2025

This Privacy Policy describes how The Genuine Hospitality Group, LLC and its affiliates and subsidiaries (collectively, “Genuine,” “we,” “our” or “us”) collect, safeguard, use, process and share personal and non-personal data and information. This Policy applies to visitors and users (individually, “you”) of websites, mobile websites, microsites, mobile applications, social media sites and any other digital services and platforms officially operated or used by us from time to time, as well as by phone or by paper, together with our restaurants (collectively, our “Services”). Use of our Services is limited to the United States. By using this Services, or otherwise providing your personal information to us, you hereby consent to the retention, processing and transfer of your Personal Information for the purposes described in this Privacy Policy.

We operate the following websites and restaurants (collectively with Genuine, “our Group”):

• The Genuine Hospitality Group https://thegenuinehospitalitygroup.com/;
• Michael’s Genuine® Food & Drink (Miami Design District Est. 2006 and Grand Cayman Est. 2010) https://michaelsgenuine.com/;
• Harry’s Pizzeria® (Miami Design District Est. 2011 and Coconut Grove 2015) https://harryspizzeria.com/;
• Amara at Paraiso https://amaraatparaiso.com/about/; and
• Chef Michael Schwartz (the Philadelphia-born owner of The Genuine Hospitality Group, James Beard Award Winning Chef, and cookbook author) https://chefmichaelschwartz.com/bio/.

In some cases, we receive personal information from our Group, and we share personal information with our Group. We also share personal information with third parties such as OpenTable, a leading brand for booking online restaurant reservations, InKind, a leading brand for mobile payments and dining rewards, Tripleseat, a leading brand for event management, our business partners including our other payments, technology, food delivery, marketing and advertising service providers (collectively “Third Party Service Providers,” “Third Parties,” or “Third Party”). In some cases, these third parties may collect personal information directly from you and share it with us.

For more details about the information we share with Third Parties and the recipients of such information, please refer to the How We Share Your Information section of this Policy. Please note that this Policy does not otherwise cover the use of personal information by Third Parties or their services, and we do not take responsibility for their privacy practices. We seek assurances from Third Parties that they will process information in accordance with applicable laws, but we are not responsible for any Third Party’s use of information (including information used by its affiliates and service providers) that you provide directly to such Third Party, or for which it is an owner or controller under data protection and privacy laws. To learn more about how a Third Party may use such information, you should review its privacy policy.

You may have certain rights or choices that relate to your personal information, including choices about how we share your personal information with others. For more information, please refer to the Your Choices and Rights section of this Policy.

Overview

Information We Collect and Use

When you use or visit our Services, we collect information directly from you (e.g., when you subscribe to our emails, search for or make an online reservation, or when you apply for employment with our Group). We may also generate information about you (e.g., information about your interactions with our Services and Group). In some cases, we also obtain personal information from third parties (e.g., our business partners including our other payments, technology, food delivery, marketing and advertising service providers, or other third parties).

How We Use Your Information

We use your information to provide our Services, tailor your experience, show you bookings and transactions made through Genuine and our Group, send you marketing communications, provide you with more relevant advertising and offers that may be of interest to you, and for other purposes described below.

How We Share Your Information

We share your information: within our Group; with our service providers (including payment processors); with other business partners (including advertising partners); with social networking services; with Third Party services or applications you use to access the Services; and others as described below. We share information to provide and improve our Services, for our own marketing purposes, to facilitate offers and advertising from others that may interest you, and for other purposes as described below.

How We Store and Protect Your Information

We maintain technical, administrative, and physical security measures designed to protect your information. We may retain your information until you ask us to delete it, and as necessary for purposes described below.

Cookies

We and some of our affiliated third parties may use cookies and similar technologies to help provide our Services, offer you a more personalized user experience and market our and third parties’ products and services to you.

Your Choices and Rights

You have choices about your information, and in some circumstances, you may be able to opt-out of receiving marketing communications, change your communication preferences, access and update your information, update location sharing options, exercise choices regarding cookies, and/or opt-out of certain sharing of information with third parties. These choices and other rights you may have are described in more detail below.

Additional Disclosures for California Consumers

If you are a California resident, you can find additional information regarding our data handling practices in the the California Privacy Rights: “Shine the Light” section and Section X of this Privacy Policy.

Notice of Financial Incentives

Some users may be eligible to participate in rewards programs that offer financial incentives. This section describes generally how these programs work.

Links to Other Websites

Our Services may include links to other websites whose privacy policies we do not control. Once you leave our servers (you can tell where you are by checking the URL in the location bar on your web browser), use of any personal information you provide is governed by the privacy policy of the operator of the website you are visiting. That policy may differ from ours. If you cannot find the privacy policy of any of these websites via a link from the website’s homepage, you should contact the website directly for more information.

Children

Our Services are not directed at or intended for use by children, nor do we knowingly collect information from children under 16 years of age.

Changes to This Policy

We update this Privacy Policy from time to time, and changes will be effective when posted. If there is any material change to your rights under this Privacy Policy, we will provide you with notice of such change 30 days prior to the changes going into effect. As part of this notice, we may post a notice of the change on the site in a clear and conspicuous manner for the 30-day notice period. We may also communicate the change via email or message if this is the way that we normally correspond with you. Please note that your continued use of the Services once this 30-day period ends, indicates your agreement to the changes that were the subject of the notice.

How to Contact Us

If you have any questions about this Policy or the way your personal information has been used, please contact us at privacy@thegenuinehospitalitygroup.com or using the contact details set out below.

I. INFORMATION WE COLLECT AND USE

“Personal information” is data that identifies, relates to, describes, can be used to contact, or could reasonably be linked directly or indirectly to you. For purposes of this Policy, there is no meaningful the terms “personal information” and “personal data” mean the same.

Personal Information We Collect Directly From You. As you visit or use our Services, we collect the following categories of personal information directly from you:

• Personal details (such as your name and birthday);
• Contact information (such as email address, postal address, phone number);
• Dining information (such as primary dining city; current and past restaurant reservation details; dining preferences; favorite restaurants; special restaurant requests; dining activity, including frequency, restaurants, restaurant type, meal type, and cancellations);
• Social media data (if you choose to link your Genuine account with a social media account, we may collect personal information such as name, age, gender, photograph, and other personal information relating to your social media account);
• Billing information (such as credit, debit, or other payment card information, as may be required to use certain Services);
• Your contacts (such as contact information of people you add to, or notify of, your restaurant reservations through our Services);
• Your preferences (including survey and marketing responses);
• Your photos (such as if you include a photo of yourself in your employment application);
• Communications you initiate with us (such as messages or communications to us or with restaurants in our Group);
• Restaurant reviews and content (including reviews, photos, your name and, other information you provide through our Services);
• Promotion information (if you choose to participate in a contest, sweepstakes, or similar campaign, we will collect any information you provide in relation to such activity, such as photos, images, captions, or other content, in accordance with the terms provided at that time); and
• Other information you may provide (including other information you provide about yourself or others through our Services or to which you provide us with access via Third Party Platforms).

You may choose not to provide some of the personal information described above. Please note, however, that many of our Services require some personal information to operate, so if you choose not to provide the personal information necessary to operate and provide you with a particular Service or feature of that Service, you may not be able to use that Service or feature.

Sensitive Personal Information. We do not proactively collect sensitive personal information, such as health-related information. However, our Services include links to Third Party Service Providers with applications that are designed for you to describe certain details about your dining preferences that you want us or other restaurants to know. Please be aware that information you freely submit in these boxes may reveal to us or to the restaurants or restaurant affiliates with which we or they share information (as detailed in the How We Share Your Information section, below) certain information that may be considered sensitive personal information under applicable law (for example, about any allergies or dietary restrictions). We do not use this information for the purpose of marketing or advertising products to you. In addition, certain features of Third Party applications linked to our Services may prompt your device or browser to request access to your precise geolocation information, which may be considered sensitive personal information. We do not process precise geolocation data without you granting permission through your device or browser. Sensitive personal information you voluntarily submit is processed based on your consent, which you may revoke at any time by contacting us at the details set out in the How to Contact Us section below.

Personal Information Generated By Us and Our Third Party Service Providers. As you use our Services and linked Third Party applications, our Third Party Service Providers or Genuine may generate certain personal information about you, including through automatic data collection and by inferences based on the information we collect about you and your activity. We may automatically collect information about your interactions with the Services or communications you receive (such as email) using certain technologies, such as cookies, web beacons and other technologies, and we may receive similar information from our Third Party Service Providers. We may, therefore, have access to the following categories of personal information about you:

• Device information. When you visit or use Third Party applications linked to our Services, they may automatically collect certain information about your device (e.g., your mobile device, computer, or tablet), including information about your hardware and software, device configuration, and nearby networks. Such data may include data about your device operating systems, browsers, and other software installed on your device; device identifiers, such as IP address, IMEI number, MAC address, or other device identifier; country of origin, region and language settings; and information about domain servers and wireless or network access points near your device. This information generally is not shared with us.
• Usage and performance information. We may automatically collect personal information about your usage of the Services, including information about your interactions with features of our Services; websites or restaurant pages visited; booking path; bookings; rewards; and performance of our Services.
• Location information. When you visit or use certain Third Party applications linked to our Services, they may automatically collect generic location information about you (such as city or neighborhood) or, with your consent, precise geographic location data from your mobile device, depending on the choices you make when you are asked to consent to collection of location information. For example, our Third Party Service Providers may receive this information when you select restaurant search locations, enter your local dining city in your account profile, when you are in proximity to certain beacons, and we may receive it when you choose to publish your location in reviews you leave for restaurants, or in your comments or other communications with us. Together with our Third Party Service Providers, we may use and store this information to provide and improve features of our Services, for example, to tailor our Services on a needs-based manner to better facilitate your requests and to provide you with more relevant content about restaurants in your dining city or cities you visit. Please see the Your Rights and Choices section below for more information about how to adjust your preferences, including those related to location information.
• Inferences about you. We combine the information we collect, generate, or otherwise obtain to draw inferences about your preferences and interests, to provide and personalize our Services, and to tailor the offers we and our Third Party Service Providers provide to you.

Personal Information We Obtain from Third Party Platforms. We may also receive certain categories of personal information from third party websites, applications, social media networks, and services (which may include publicly available sources; each of these being a “Third Party Platform”), our Group, and other third parties, including individuals who have added you as a guest to their reservation. If you are an existing Genuine customer, we will combine this information with information we collect through our Services and use and share it for the purposes described below. The categories of personal information we may obtain from Third Parties include:

• Your name.
• Email address or other contact information including your address and phone number.
• Social media data, if you connect to our Services or apply for employment with our Group using a social media Third Party Platform, or interact with Genuine by liking or commenting on our social media pages or content, or if any of your social media data is available to the public, we may receive information from that social media Third Party Platform or a Third Party service about those interactions and your profile, including for job related Third Party Platforms, your resume and additional contact information.
• Browsing, usage and advertising details, including how you use our Services and/or Third Party websites, applications, and services; and information relating to your interactions with our advertising and marketing materials.
• Purchase Information, including information from point-of-sale devices at our restaurants (such as items ordered, bill total, and time spent at the restaurant), information about bookings you make through our Group; or purchase information for other business partners and affiliates, such as food delivery partners.
• Information from restaurants, including information that certain participating restaurants provide us about diners (for example, whether you have a loyalty card or other information about interactions with those restaurants).

Aggregate Information. We may aggregate personal information collected directly from you, information generated about you by us, and information obtained from third parties (with your consent, where required) with personal information collected about other users to produce general statistics that cannot be linked to you or any other specific user. Information that has been aggregated and de-identified is no longer considered “personal information” and may be subsequently used for any purpose.

Anonymized Information. We may process information that cannot be linked to you or any other specific user using any means available to us, either because it was collected anonymously or has been subsequently anonymized. Information that is anonymous or has been anonymized is no longer considered “personal information” and may be subsequently used for any purpose.

II. HOW WE USE YOUR INFORMATION

We use your personal information for the following purposes (“Purposes”), to:

• Provide the Services, which includes providing you with the services, products, and functionality offered through our Services and fulfilling your requests, including but not limited to: making reservations, joining waitlists, notifying people you add to your restaurant reservations, sending you newsletters and special offers, and paying for services or events.
• Communicate with you about your use of our Services, products, and/or functionality; respond to, or follow up on, your comments and questions; and otherwise provide customer service (see below for more detail on Electronic Communications).
• Enable communications with us through our Services or other Third Party Platforms, including reviewing, scanning and analyzing your communications to restaurants for security purposes, fraud prevention, compliance with legal and regulatory requirements, investigations of potential misconduct, product development and research, and customer or technical support.
• Send you marketing communications, including communicating with you about services or products offered by Genuine, our Group, our Third Party Service Providers, Third Party Platforms that are linked to the Services, or our business partners, or other marketing communications that we believe you would be interested in, as permitted by law (see below for more detail on Electronic Communications and Your Choices and Rights).
• Operate and improve our Services and develop new products and services, including using analytics to better understand how you use our Services for purposes of product, website, application and service development and to enhance the user experience.
• Show your purchases and bookings made through the websites, applications, and services of our Group on your account page.
• Process and deliver contest entries and rewards.
• Authenticate your credit or debit card account information.
• Provide services, products, and information to restaurants in our Group.
• Tailor your experience with our Services, such as by making inferences or combining different pieces of information we have collected about you to suggest restaurants that you may be interested in or otherwise tailor our Services to you according to your preferences or restrictions.
• Protect against, investigate, and deter fraudulent, unauthorized, or illegal activity.
• Comply with our policies, procedures and legal obligations, including complying with law enforcement or government authority requests, addressing litigation-related issues, and exercising rights or obligations conferred by law.
• As otherwise consented to by you and as required or permitted by applicable law. If you give your consent to any further use of personal information, you can withdraw that consent at any time by contacting us using the details set out below.

Some of our Third Party Service Providers may use artificial intelligence (“AI”) tools, including machine learning and generative AI tools to process your personal information. You have choices about your personal information, and in some circumstances, you may have the right to opt-out or object to their uses of your personal information for these Purposes. For more information, or to exercise these or other rights (where available), see the Your Choices and Rights section below.

Electronic Communications. Consistent with the above Purposes and as permitted by applicable law, and subject to the SMS Terms and Conditions outlined below, we may communicate with you via electronic messages, including email, text message, or mobile push notification to:

• Send you information relating to our Group and Services. This may include reservation and waitlist confirmations, reminders and updates, receipts, employment application status updates, technical notices, updates, security alerts, and support and administrative messages.
• Send you marketing communications from our Group. In other situations, subject to the Your Choices and Rights section below and applicable law, we may communicate with you about contests, offers, promotions, rewards, upcoming events, and other news about products and Services offered by our Group.

Upon messaging opt in, with your consent where required, we may contact you on the mobile phone number that you provide to us by way of direct dial calls, autodialed and prerecorded message calls, text messages and push notifications in connection with the above Purposes.

If you have opted in to messaging, you may receive informational text or SMS messages from us, however, we do not use your mobile information for marketing or promotional purposes without prior consent. No mobile information will be shared with Third Parties for marketing or promotional purposes. All the stated categories in this Privacy Policy exclude text messaging regarding originator opt in data and consent.

SMS Terms and Conditions.

You can opt out of SMS or text messages by replying STOP or ask for more information by replying HELP. Message frequency varies. Message and data rates may apply.

Our Role as Data Controller and Data Processor. For purposes of data protection and privacy laws, we generally act as a data controller, meaning we determine the purposes and means of processing your personal information through our Services. Under certain programs, however, restaurants in our Group may engage us to provide them with certain processing services related to information owned or controlled by the restaurant.

Processing Bases and Consequences. When we process your personal information, we rely on the following legal bases:

• Performance of the contract we have with you such as if you use our Services to make a restaurant reservation, we will use your information to carry out our obligation to complete and administer your reservation by sharing your information with the appropriate restaurant.
• Compliance with legal obligations to which we are subject such as tax obligations, and when we are obliged to comply with lawful requests from competent authorities such as law enforcement.
• To serve our legitimate interests such as tailoring your experience with our Services, carrying out online advertising, and for fraud detection, provided that such processing does not outweigh your rights and freedoms. The processing may also be pursuant to other applicable legal bases for data processing, especially provisions set out under local law. Where we use personal information to meet our legitimate interests, we take steps to ensure that your rights with respect to your personal information are not infringed. You can contact us using the details set out in the How to Contact Us section below for more information about the steps we take to ensure these rights are not infringed. You also have the right to object to such processing as described in the Your Choices and Rights section below.
• Consent. To the extent that a legal basis described above would not apply to processing of your personal information by us, we will seek your consent for such specific purpose in accordance with applicable law (such as sending direct marketing messages by electronic means, like email, without an exception from the requirement to obtain consent).

III. HOW WE SHARE YOUR INFORMATION

We disclose the personal information we collect (or otherwise generate or obtain) as follows:

• With restaurants and restaurant affiliates. We share your information with restaurants in our Group and their affiliates to provide the Services (such as connecting diners with restaurants to make an online reservation and sharing your dining activity and history, preferences, requests, restrictions, and other information with the restaurant) and for the restaurant or restaurant group’s own purposes, which may include marketing or advertising purposes (see below for more detail on Sharing with Restaurants and Restaurant Affiliates).
• With our Group. We share your information with our Group, including but not limited to for the Purposes described above, to provide you with integrated products and services, for our and their marketing purposes, and to process employment applications (see below for more detail on Sharing with Our Group).
• With other business partners. We may share information with other Third Party business partners for our and their own marketing purposes where permitted under law (see below for more detail on Sharing with Our Business Partners).
• With social networking services. We may share (or facilitate your sharing of) your information with social networking services when you use our Services to connect and share your information publicly or with friends, or when you use our Services to connect with us on, share on, or use Third Party social networking platforms and services (see below for more detail on Sharing with Social Networking Services).
• Reviews you submit. If you provide us with a review, you authorize us to publish it on all our Services under your name, to aggregate your review with other reviews, and to share it with restaurants.
• Messages and other communications you submit to restaurants. If you submit a message or other communication to a restaurant through our Services, you authorize us to share your message or communications within the Group including the relevant restaurant, and you authorize us and all members of our Group to respond to you through our Services.
• To process payments. We may require credit or debit card information to make payments at certain restaurants, to secure certain reservations, or purchase other products or services, in which case we share your payment information within our Group, with Third Party payment processors, and other Third Party Service Providers (such as fraud detection services) (see below for more detail and additional terms regarding Sharing to Process Payment Information).
• With other service providers. We share information with Third Party vendors, consultants, and other service providers who perform services or functions on our behalf (see below for more detail on Sharing with Other Service Providers).
• In the event of a corporate transaction. We may disclose or transfer your information to a third party that is not currently doing business with our Group if we sell, transfer, divest, or disclose all or a portion of our business or assets to another company in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding.
• To protect rights and property. We may disclose your information to third parties when we believe in good faith that disclosure is necessary to protect our rights, our property, the integrity of the Services, personal safety, or the interests of you or any other person, and to detect, prevent and/or otherwise address fraud, risk management, security or technical issues.
• To comply with and as required by law. We may disclose your personal information to government authorities or other relevant third parties to comply with applicable legal requirements, judicial proceedings, court orders, legal process, or lawful requests from governmental authorities. Additionally, we or our restaurant partners may be required to disclose certain information to local government health authorities as part of contact tracing programs related to COVID-19 or similar events. Please note that we do not store or retain health information collected in this context for our own purposes.
• Aggregate information. We share aggregate statistical data for the improvement of our Services. We may also share aggregate or de-identified information with third parties at our discretion.
• At your request. We also share your information as directed or requested by you, or subject to your consent.

Sharing with Restaurants and Restaurant Affiliates as a controller of your personal information. When you make a request through our Services or through a restaurant in our Group, such as a restaurant reservation, joining a restaurant waitlist, making a payment to a restaurant through our Services, or if you are a guest of the person making the request, either we or a Third Party Service Provider may act as a controller of your information under data protection and privacy laws, and you may be required to provide or otherwise make available certain categories of your information to the Third Party Service Provider or restaurant to facilitate that request. For requests to dine, this information may include your name, social media or Third Party Service Provider application profile, time and date of visit, party size, your phone number, your dining preferences, guest information, any special requests, information or comments that you choose to submit (if any), and your email address. Even if you are providing information to a Third Party Service Provider, your information will be provided to the restaurant in our Group, just as it would be if you contacted the restaurant directly. If you provide a mobile phone number in connection with your request, restaurants may send you text messages regarding your request. Some of our restaurants also require you to provide credit or debit card account information to secure your reservation. When you make a reservation at a restaurant that is part of our Group, we may also share additional information about your dining activity at that restaurant or our Group in the past, your dining preferences and/or information that we collect from you and third parties that may be relevant to that reservation. When you leave a review for a restaurant, your review and your public profile will be made available to the relevant restaurant.

In addition to providing you with more customized Services, we may receive certain information from participating restaurants from their Third Party Service Provider “Point of Sale” terminals that we analyze to provide aggregate information to the restaurant about their customers.

We also share summary reports of feedback from diners within our Group. If you provide comments about a restaurant through our Services, these comments may be shared with or may be accessible by that restaurant, and the restaurant may respond to you. We will not tie your comments with other information that can identify you directly, but a restaurant may be able to tell who you are from your comments, particularly if you give your name in the comments or provide contact information, such as an email address.

Sharing with Restaurants and Restaurant Affiliates as a processor or service provider on their behalf. We act as a processor or service provider for Restaurants and Restaurant Affiliates in certain circumstances as described above (see above for more detail on Our Role as Data Controller and Data Processor). In providing these services, we may, at the direction of the restaurant, share certain of your information with the restaurant’s affiliates (such as a restaurant’s associated entities and service providers) under our programs for the following purposes:

• Customized services: restaurants may share your information (such as meal or seating preferences or special occasions) with their restaurant affiliates to enhance the hospitality the restaurant group provides you when you dine with them (such as trying to seat you by a window, if you previously expressed a preference for window seating).
• Operations & Service Improvements: to support operations, improve the restaurant’s table and shift planning, improve their hospitality services, including supporting a loyalty program you have chosen to participate in.
• Marketing: as permitted by applicable law, to perform analytics and tailor marketing to you.
• In-Product Communications: we offer you and our restaurants a means to communicate about our Group, restaurants, reservations and diner related matters directly through our Services. We may access communications and may use automated means to review, scan, and analyze communications for security purposes, fraud prevention, compliance with legal and regulatory requirements, investigations of potential misconduct, product development and improvement, research, or customer or technical support. We reserve the right to: (a) block the delivery of or transmission of or access to certain communications; (b) block your access to the Services’ communication feature; or (c) review communications that we, in our sole discretion, believe may contain malicious content, spam, or may pose a risk to you, us, or any other party.

For more information, please feel free to contact the restaurants with which you dine or book reservations, or contact us using the contact information listed in the How to Contact Us section below. To learn more about your choices related to how we share your information with restaurant affiliates under our programs, please see the Your Choices and Rights section below.

Sharing with Our Group. We share your information with our Group to:

• Provide you with integrated services (such as administering and managing reservations, orders, employment applications, purchases, and payments across our affiliated platforms).
• Provide personalized offers or send you marketing communications with your consent or as otherwise permitted by applicable law.
• Provide customer support services.
• Detect, prevent, and investigate fraud and misuse of our services, other illegal activities, and data breaches.
• Analyze how users use our independent and affiliated platforms, including so that we may improve existing products and services and develop new features, products, and services that may be of interest to our users.
• Ensure compliance with applicable law.

To learn more about your choices relating to how we share your information with our Group, please see the Your Choices and Rights section below.

Sharing with Our Business Partners. We and our Third Party Service Providers may share your information with other Third Party business partners for our and their own marketing purposes. These may include online advertisers or ad tech companies, who may provide you with targeted advertising and marketing communications, where permitted under law. The information we share includes information collected through your use of our Services (e.g., bookings, reservations, or other purchases) and information we or our Third Party Service Providers collect about you through the use of cookies and similar technologies (e.g., information about the websites you visit; intended dining date, and the number of diners).

To learn more about your choices related to how we share your information with our business partners, please see the Your Choices and Rights section below.

Sharing with Social Networking Services. Our Services may also allow you to connect with us on, share on, and use Third Party Platforms, including those on which Genuine or another member of our Group has a presence. Please be mindful of your personal privacy needs and the privacy needs of others as you choose whom to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others. Genuine also does not control the privacy practices of Third Party Platforms. Please contact those sites and services directly to learn about their privacy practices.

Sharing to Process Payment Information. To use certain Services (such as to make or secure certain types of reservations or to make payments to certain restaurants), we require credit or debit card account information. When you submit your credit or debit card account information through our Services, we share that information within our Group, and with Third Party Service Providers (including, but not limited to, payment processing providers and vendors who provide fraud detection services to us and other third parties) to the extent necessary to meet our contractual obligations to you (e.g., to secure your reservation or make a payment to a restaurant where required), to meet our legitimate interests in preventing fraud and other misuse of our platforms, or with your consent where this is required by law. In particular:

• When you use a credit or debit card to secure a reservation through our Services, we provide your credit or debit card account information (including card number and expiration date, but excluding the CVV number) to our Third Party payment service providers and the applicable restaurant.
• When you initially provide your credit or debit card account information through our Services to use our restaurant payment services, we provide your credit or debit card account information to our Third Party payment service providers that may store your credit or debit card account information so you can use their payment services via our Services in the future, to the extent permitted by local law.
• For information about the security of your credit or debit card account information, see the How We Store and Protect Your Information section below.

Sharing with Other Service Providers. We share information with Third Party vendors, consultants, and other service providers who perform services or functions on our behalf (e.g., hosting or operating our Services, data collection, reporting, ad response measurement, site analytics, data analysis, delivering marketing messages and advertisements, processing credit card payments, and providing fraud detection services). We do not authorize these third parties to use or disclose your information for purposes other than for which it has been provided. We require these third parties to maintain and implement security measures to protect your information from unauthorized access or processing.

Consent to Data Collection by Google Analytics. If you provide us with your consent to use Functional Cookies and, thus, Google Analytics, we use Google Analytics to continuously optimize our website. We use Google Analytics to collect aggregated, anonymous data. This data helps us understand how customers use our Services and identify opportunities for improvement. Google Analytics anonymizes your IP address to protect your data. No other personal data is collected that would allow identification. You may provide your consent or withdraw your consent to the described data processing by Google Analytics by installing Google’s Google Analytics opt-out browser add-on.

Google Analytics is a web analytics service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, California 94043, USA and and Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”). Google Analytics cookies and similar technologies that are stored on your terminal device enable an analysis of your use of this website. This information is used to evaluate your use of the website and to compile reports on website or app activities. The processing of the data after its transmission by Genuine to Google is carried out by Google as the sole data controller. In this context, Google, as the sole data controller, may store data about you in the USA.

IV. HOW WE STORE AND PROTECT YOUR INFORMATION

Genuine maintains commercially reasonable technical, administrative, and physical security measures designed to protect your information from loss, misuse, unauthorized access, disclosure, alteration, and destruction. That said, please note that no Internet transmission can ever be guaranteed 100 percent secure, and so we encourage you to take care when disclosing personal information online and to use readily available tools, such as Internet firewalls, secure email, and similar technologies to protect yourself online.

You play an important role in keeping your information secure. You should not share your user name, password, or other security information for any Third Party Service Provider account that you access through the Services with anyone.

Card Information. When your credit or debit card account information is being transmitted to our Services or through our Services, it will be protected by cryptographic protocols. Genuine itself does not store your credit or debit card account information, and we do not have direct control over or responsibility for your credit or debit card account information. We use Third Party Service Providers including payment processors that are the controllers of your credit card information. Our contracts with third parties that receive your credit or debit card account information require them to keep it secure and confidential.

However, we cannot guarantee that transmissions of your credit or debit card account information or your other information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by Genuine or our Third Party Service Providers. Except to the extent that liability cannot be excluded or limited due to applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized Third Party access, or other causes beyond our control.

Retention. We may retain your personal information until you ask us to delete it. We may also retain your personal information as necessary to:

• Maintain logs and business records for analysis, security, and/or audit purposes;
• Comply with record retention requirements under the law;
• Deal with any complaints regarding the Services; and
• Comply with our legal obligations, protect or defend our rights, resolve disputes and enforce our contracts.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

To be in line with Fair Information Practices we will take the following responsive action, should a data breach occur: We will notify the users via in-site notification within 30 business days.

V. COOKIES

When you use or visit the Services, we collect information about your usage and activity using cookies, web beacons, and other technologies. Third parties may also view, edit, or set their own cookies. We and our Third Party Service Providers, our Group, and other business partners may also place web beacons for these third parties. The use of these technologies by third parties is subject to their own privacy policies and is not covered by this Policy, except as required by law.

VI. YOUR CHOICES AND RIGHTS

Choices Regarding Electronic Communications.

• Email. If you no longer want to receive marketing and promotional emails from Genuine or a member of our Group, you may click on the “unsubscribe” link in such emails to opt-out of future marketing email communications. Please note that even if you opt-out of receiving marketing communications from one or all of our Services, we will still send you service-related communications, such as confirmations of any future reservations you make.
• Push Notifications (on Mobile Devices). You can use the settings on your mobile device to enable or turn off mobile push notifications from Genuine or a member of our Group.
• Text Messages. If you no longer want to receive text messages from Genuine, reply STOP (or as otherwise instructed) to the text message.

Cookies and Interest-Based Advertising. To exercise choices regarding cookies set through our Services, as well as other types of online tracking and online advertising, contact us using the details set out in the How to Contact Us section below. We currently do not employ technology that recognizes “do-not-track” signals from your browser, but if you enable browser-level opt-out preferences through global privacy control, our Services will treat this signal as a request to opt-out of the selling or sharing of your data collected through cookies for interest-based advertising purposes.

Application Location. As explained in more detail in the Information We Collect and Use section above, our Third Party Service Providers may collect information about your location if you enable location services through the settings in your mobile device, or with your consent, as may be required by law. You can change the privacy settings of your device at any time to turn off the sharing of this location information with our Third Party Service Providers and us. If you choose to turn off location services, this could affect certain features of our Services. If you have specific questions about the privacy settings of your device, contact the manufacturer of your device or your mobile service provider for help.

Choices about the collection of information from restaurant point of sale terminals. As described above, if you make a booking with certain restaurants through our Services, we may receive information about your dining experience from our Third Party Service Providers. You can opt out of us receiving this information by calling the restaurant directly to book your reservation.

Choices Regarding Sharing with Third Parties

• Customized Dining Experiences. As described in the Sharing with Restaurants and Restaurant Affiliates section of the privacy policy – in Part III above, when you book with one of our restaurants, we share your information with them to ensure your booking is recorded. The restaurant may share your dining information with their restaurant affiliates for the purpose of providing products and services to you or improving and personalizing your dining experience on future visits. You can opt out of sharing with restaurant affiliates for customized dining experiences by contacting us using the details set out in the How to Contact Us section below.
• Sharing with third parties. As described above in the How We Share Your Information section, we share your information with Third Parties for their own purposes. You can opt out of us sharing your information with:
  • Our Group, for their own marketing purposes;
  • Other business partners, who use information for their own marketing purposes.

You can opt-out of such sharing by sending an opt-out request to us using the details set out in the How to Contact Us section below.

Other Legal Privacy Rights. In addition to the rights described above in this section, you may have the following additional rights regarding your personal information, depending on where you reside and under applicable local law:

• The right to access and request a copy of personal information we hold about you
• The right to have your personal information corrected or updated
• The right to request deletion of your personal information
• The right to restrict how we process your personal information
• The right to opt-out of the “sale” of your personal information (as the term is defined under applicable laws)
• The right to opt out of the sharing of your personal information for cross-context behavioral advertising or targeted advertising purposes
• The right to have your personal information delivered to you or a third party in a usable electronic format (the right to data portability)
• The right to object to how we use your personal information if the legal basis for processing that information is not in our legitimate interest

Where we are using your personal information based on your consent, and where applicable under local law, you have the right to withdraw that consent at any time. Where you have granted consent to receive direct marketing communications from us, and where applicable under local law, you may withdraw that consent at any time.

If you wish to exercise legal rights you may have under applicable law, please submit your request to privacy@thegenuinehospitalitygroup.com . So that we can better process your request, please provide the email you used to make requests or to use our Services.

Some jurisdictions also permit you to appeal a decision made with respect to your exercising of your privacy rights. If you wish to appeal a decision to a request you have made, please send your appeal request to privacy@thegenuinehospitalitygroup.com.

VII. ADDITIONAL DISCLOSURES FOR US CONSUMERS

These disclosures describe how we collect, use, process, and disclose personal information of U.S. consumers and the rights you may have under U.S. state laws. These disclosures are intended to supplement our Privacy Policy with information required by certain U.S. state privacy laws.

Disclosures Regarding Personal Information Processing. Certain laws require that we describe the personal information we collect with additional specificity, including by identifying specific categories of information. Some of our Third Party Service Providers are global organizations and may transfer information to other countries. By submitting your information to Genuine via the websites, or in connection with your interactions with a member of our Group offline, you consent to such transfers and to the processing of this information in other countries. As we describe in more detail in the Information We Collect and Use section, we have collected the following categories of personal information in the past 12 months:

• Personal Details, Contact Information or Identifiers such as your name, email, account identifiers, or IP address
• Location information such as geolocation data
• Photos or Visual Information such as your profile photo
• Commercial Information such as transaction history
• Device, Usage and Internet or other electronic network activity information such as information about your device type, browser settings or interactions with our websites
• Inferences such as about your preferences and interests from data we collect to provide and personalize our services and tailor the offers we and our Third Party Service Providers and business partners provide to you
• If you choose to provide it to us, sensitive personal information, as described in the Sensitive Personal Information section

For information about the categories of sources from which we obtain personal information, or for additional details about the specific types of personal information we collect, please refer to the Information We Collect and Use section. For information about our purposes for collecting, or possibly sharing your personal information, please refer to the How We Use Your Information section. We retain the above categories of personal information consistent with our retention processes as described in the How We Store and Protect Your Information section.

We may disclose or share your personal information with third parties for the purposes described in the How We Share Your Information section. Under certain U.S. state privacy laws, some of these disclosure activities may be considered “sales”, even if no money changes hands, and some of these disclosure activities are considered “sharing” for purposes of cross-context behavioral advertising. The categories of personal information we have “sold” or “shared” as described in How We Share Your Information in the past 12 months include the following: (1) personal details, contact information or identifiers (2) commercial information; (3) device, usage and internet or other electronic network activity information; (4) location data; and (5) inferences. In addition, as described in the section entitled Children below, we have not knowingly “sold” personal information of individuals under the age of 16.

We also disclose certain personal information for “business purposes,” such as disclosures to service providers who assist us with securing our Services or delivering marketing messages and advertisements. We may disclose the following categories of personal information for our business purposes: (1) personal details, contact information, or identifiers; (2) location data; (3) photos or visual information; (4) commercial information; (5) device, usage and internet or other electronic network activity information; and (6) inferences.

We do not use or disclose sensitive personal information for purposes other than as necessary to provide you with our Services.

Privacy Rights. While the US does not have a comprehensive data privacy law, we understand that there are various jurisdictions within the U.S. that have implemented their own laws, including opt-in provisions. We comply with all of those statutes and regulations as they pertain to us. Certain of those grant certain rights to consumers. These include:

• The right to know what personal information we have collected about you, including (i) the categories of personal information, (ii) the categories of sources from which the personal information is collected, (iii) the business or commercial purpose for collecting, selling, or sharing personal information, (iv) the categories of third parties to whom the business discloses personal information, and (v) the specific pieces of personal information the business has collected you (by requesting to download your personal information).
• The right to request deletion of personal information we have collected about you, subject to certain exemptions permitted under applicable law, such as when your personal information is required for us to provide our Services to you.
• The right to correct inaccurate personal information that we maintain about you.
• The right to opt out of “sale” or the “sharing” of your personal information (as these terms are defined under applicable California law).

Exercising Your Privacy Rights. To exercise your Privacy Rights under applicable law or opt out of “sale” or “sharing” of your personal information, please contact us at privacy@thegenuinehospitalitygroup.com.

If you have enabled “do not track” signals on your browser, our Services will treat this signal as a request to opt-out of “sale” or “sharing.”

Please note that we may need to verify your identity before completing your requests. This may include sending an email to the email you give us.

If you are an authorized agent wishing to exercise rights on behalf of a consumer, please contact us using our request form along with a copy of the consumer’s written authorization designating you as their agent.

We will not discriminate against you for exercising any of your rights under applicable U.S. state privacy law. Please note, however, that there may be certain circumstances where we are unable to complete your request, such as when we are unable to verify your identity or as otherwise permitted under applicable law.

California Privacy Rights: “Shine the Light”. In addition to the rights as explained in this Privacy Policy, under California’s “Shine the Light” law, California residents who provide personal information (as defined in the statute) to obtain products or services for personal, family, or household use are entitled to request and obtain from us, once a calendar year, information about the personal information we shared, if any, with other businesses for marketing uses. If applicable, this information would include the categories of personal information and the names and addresses of those businesses with which we shared such personal information for the immediately prior calendar year (e.g., requests made in the current year will receive information about the prior year). To obtain this information please contact us at using the contact details listed in the How to Contact Us section below. Please include your full name and mailing address. To opt out of this type of sharing, please see the section entitled Choices Regarding Sharing with Third Parties.

CAN SPAM Act. The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations. We collect your email address in order to:

• Send information, respond to inquiries, and/or other requests or questions.
• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM we agree to the following:

• NOT use false or misleading subjects or email addresses.
• Identify the message as an advertisement in some reasonable way.
• Include the physical address of our business or site headquarters.
• Monitor third-party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly.
• Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at privacy@thegenuinehospitalitygroup.com and we will promptly remove you from ALL correspondence from our Group.

VIII. NOTICE OF FINANCIAL INCENTIVES

In the United States, you may be eligible to participate in financial incentive programs such as loyalty programs whereby you can earn points and redeem rewards with those points. Available rewards may vary from jurisdiction to jurisdiction and may change from time to time. To participate in these financial incentive programs, you must have an account with one of our Third Party Service Providers, and we will only collect and process your personal information in accordance with this Privacy Policy. Participation in such programs is voluntary, and you may withdraw at any time by contacting us at privacy@thegenuinehospitalitygroup.com. Please note that although exercising other data privacy rights typically will not impact your ability to participate in such programs, certain requests, like data deletion or account deletion, may result in your withdrawal from a program as well. We may provide additional terms that apply to a particular financial incentive, and those terms will be presented to you at sign up. The value of a financial incentive we offer is reasonably related to the value of the personal information you provide to us. We estimate the value of your personal information by considering, for example, the expenses we incur from collecting your personal information, the expenses incurred in providing the financial incentive to you, the revenue generated by your use of the financial incentive, and any improvements we can make to our products and services based on aggregating information obtained through the financial incentive program.

IX. LINKS TO OTHER WEBSITES

Our Services contain links to other websites or services that are not owned or controlled by Genuine, including links to our Third Party Service Providers and other business partners. This Policy only applies to information collected by our Services. We have no control over these Third Party websites, and your use of Third Party websites and features are subject to privacy policies posted on those websites. We are not responsible or liable for the privacy or business practices of any third party websites linked to our Services. Your use of third parties’ websites linked to our Services is at your own risk, so we encourage you to read the privacy policies of any linked third party websites when you leave one of our Services.

X. CHILDREN: COPPA (Children Online Privacy Protection Act).

The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online. Our Services are not directed at or intended for use by children. We do not specifically market to or knowingly collect information from children or people under 21 years of age. If you become aware that your child or any child under your care has provided us with information without your consent, please contact us using the contact details listed in the How to Contact Us section below.

XI. CHANGES TO THIS POLICY

Except to the extent limited by applicable law, we will update this Privacy Policy from time to time to reflect changes in our privacy practices, legal requirements, and other factors by prominently posting notice of the update on our Services. Changes to our Privacy Policy will be effective when posted and the new effective date will be identified.

If we make any changes to the Privacy Policy that materially impact previously collected personal information about you, we will make reasonable efforts to provide notice and obtain consent to any such changes as may be required by law.

To request a copy of this Policy, or to request a copy of the Privacy Policy in place at the time you signed up for an account, please contact us at the details below.

XII. ARBITRATION OF DISPUTES AND CLASS ACTION WAIVER

Any and all claims by you arising out of or related to the Services or your use thereof, or communications by us or on our behalf, may be resolved only through a binding arbitration proceeding to be conducted under the auspices of the Commercial Arbitration Rules of the American Arbitration Association in Florida. Both your agreement to arbitrate all controversies, disputes and claims, and the results and awards rendered through the arbitration, will be final and binding on you and may be specifically enforced by legal proceedings. Arbitration will be the sole means of resolving such controversies, disputes and claims, and you waive your rights to resolve such controversies, disputes and claims by court proceedings or any other means. You agree that judgment may be entered on the award in any court of competent jurisdiction and, therefore, any award rendered shall be binding. 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. You understand that by agreeing to arbitration as a mechanism to resolve all controversies, disputes and claims between us, you are waiving certain rights, including the right to bring an action in court, the right to a jury trial, the right to broad discovery, and the right to an appeal. You understand that in the context of arbitration, a case is decided by an arbitrator (one or more), not by a judge or a jury.

XIII. HOW TO CONTACT US

If you have any questions about this Policy or the way in which your personal information has been used, please contact us by email at privacy@thegenuinehospitalitygroup.com or by postal mail at:

The Genuine Hospitality Group, LLC

3936 North Miami Avenue

Miami, FL 33127

Attention: Legal Department