IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON OKEECHOBEE PRIME SEAFOOD LLC’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.
SCOPE OF OUR POLICY
When we say "personal information" we mean information about you that may include, for example, first and last name, email address, day of birth, gender, number of children and financial account information such as credit card numbers provided by you. This policy will outline the types of personal information we may collect, as well as additional topics including but not limited to the following:
This Policy does not cover information rendered anonymous or where pseudonyms are used. Information is rendered anonymous if individuals are no longer identifiable or are only identifiable with a disproportionately large expense in time, cost, or labor. The use of pseudonyms involves the replacement of names or other identifiers with substitutes, so that identification of individual persons is either impossible or at least rendered considerably more difficult.
By installing, accessing or using any of our Online Services, you accept our practices as set forth in this notice. We encourage you to carefully read our policy to understand how we manage this information. Laws and practices governing the handling of this information are constantly changing; as a result, we may and do update this policy from time to time. We will not necessarily directly notify you of all changes so you are urged to periodically read and review our policy to take note of any changes.
INFORMATION WE COLLECT
The information we collect helps us provide you with the opportunity for great guest experience at one of our location(s) and/or when using our Online Services. Through your interaction with Okeechobee Prime Seafood, we collect the personal information you provide directly to us that can be used to uniquely identify or contact you. This information may be collected when you engage in certain activities such as creating an account online or on our mobile app, registrations, on-line email club submissions, surveys, to-go orders, guest relations communications, on-line location services or other voluntary activities. The types of information collected may include personal details such as the following: name, email address, postal address, number of children, gender, phone number, date of birth, age, and location and dining preferences; background information, such as education, prior employment, and references; and transaction information, including username and password, profile information, information about the products you purchase, and payment details such as credit card information;
Generally, we do not automatically collect personal information from visitors to our location(s) or Online Services who do not elect to provide the information. However, certain non-personal information, including IP addresses, may be recorded by the standard operation of OKEECHOBEE PRIME SEAFOOD LLC's internet servers. We may also automatically collect information, on an anonymous basis, about your use of our Online Services, including the type of operating system in use (e.g., Apple OS X, Microsoft Windows), the type of browser you use (e.g., Internet Explorer, Firefox, Safari, and Chrome), access times, pages viewed, device characteristics, language preferences, referring URLs and the page you visited before navigating to our services. We may also collect information about you that is publicly available or provided to us from other companies.
Additionally, the use of certain Okeechobee Prime Seafood mobile sites or applications (e.g. iOS or Android devices) may result in the collection of additional information about you, such as your proximity to a restaurant location. To provide location-based services related to our business, OKEECHOBEE PRIME SEAFOOD LLC may collect, use, and share your precise location data. This location data is collected anonymously in a form that does not personally identify you and is used by OKEECHOBEE PRIME SEAFOOD LLC, our partners, and/or licensees to provide and improve location-based products and services.
HOW WE USE YOUR INFORMATION
Our primary goal in collecting your personal information is to provide an enhanced on-line and in-restaurant experience for our guests by understanding each guest's preferences, communicating promotions and upcoming events, and providing the best possible guest experience at our location(s). In particular, we may use the information we collect for the following purposes:
Fulfillment of Products & Services. We use the contact and payment details you provide in order to verify your identity, fulfill your orders, process payments, communicate with you about your account and/or orders, and provide customer support. We may share your personal information with certain third parties, including delivery services, in order to verify card payments, process refunds, distribute prizes, fulfill contractual requirements, and deliver our products. We use your personal information in this capacity pursuant to your consent and/or any agreement we may have with you.
Marketing. We may use your personal information to provide services such as postal marketing, social media re-marketing or insight, newsletters, email or text promotions, or personalized advertising in order to inform you about our services, special promotions or events, conduct research, or better tailor your experience in our location(s) or with our Online Services. When required by law, we will secure your consent before providing you with any such correspondence or services. When you register for certain Online Services, we may share your personal information with third parties who provide services on our behalf, including postal providers, social media providers (e.g. Facebook or Google), or marketing or advertising providers who assist us in delivering our marketing and advertising campaigns to you. These third parties are not allowed to use your personal information, except for the purpose of providing these services. These third parties do not retain, share, store, or use personal information for any purposes, except to provide services to OKEECHOBEE PRIME SEAFOOD LLC and/or its partners. Where your personal information is anonymized, we do not require a legal basis to use it as the information is no longer regulated under data protection laws. In the event your personal information is not anonymized, we may process such information pursuant to your consent (when applicable) or legitimate business interests which include using your personal information for marketing purposes.
Tags. Our Online Services may contain cookies, web beacons or pixel tags (collectively “Tags”) which allow us to retain small amounts of information about you and/or track how you utilize our Online Services. A cookie is a piece of data stored on your browser containing information about you. There are two types of cookies that may be used in our Online Services. One type of cookie is often referred to as a session cookie, which is used to enhance your experience and enable certain features on our Online Services. Once you close your browser, a session cookie simply terminates. For instance, by using a session cookie on our Online Services, you would not have to enter a password more than once, thereby saving time while on our Online Services. You may choose to not allow cookies. If you reject the session cookie, you may still use our Online Services. The only drawback to this is that you will be limited in some areas of our Online Services.
Contests/Surveys. On occasion, our Online Services may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and you will have a choice whether or not to disclose any personal information. Information requested may include personal details such as contact information (e.g. name and email address) and demographic information (e.g. zip code, age level). Survey information will be used for purposes of monitoring or improving the use and satisfaction of our Online Services or the operation of our location(s). We use your personal information in this capacity pursuant to your voluntary consent and/or any agreement we may have with you.
Compliance. We may also use your personal information when necessary to comply with applicable law, court orders, requirements of regulators, or to investigate inquiries or disputes.
RETENTION OF INFORMATION
Subject to applicable law, we will retain your personal information only for as long as it serves the purpose for which we originally collected such information or as you may have subsequently authorized.
PROTECTION OF INFORMATION
OKEECHOBEE PRIME SEAFOOD LLC is committed to taking reasonable and appropriate precautions to protect your personal information from loss, misuse or alteration. When you submit sensitive information via our Online Services, it is protected both online and off-line. When our registration form asks guests to enter sensitive personal information, we use commercially reasonable and appropriate standards to encrypt the information using industry-standard encryption algorithms. All of our guests’ information, not just the sensitive information mentioned above, is restricted in our datacenters. Only employees or partners who need the information to perform a specific job are granted access to personally identifiable information.
ACCESSING YOUR INFORMATION
You may request that Okeechobee Prime Seafood confirm whether we are processing your personal information and if so, provide you with a copy of that personal information along with certain other details (where applicable). If you require additional copies, we may need to charge a reasonable fee. While it is our intention to comply with requests to access, correct or delete your personal data in accordance with applicable law, we may choose not to fulfill a request that you make hereunder (i) if we determine it is illegal or incorrect, (ii) where we need to maintain personal information because of a contractual or legal obligation, (iii) where the burden of providing access outweighs the risks of your privacy, or (iv) where your request may violate the rights of persons other than you.
RECTIFYING YOUR INFORMATION
If you believe the personal information about you that we possess is inaccurate or incomplete, you may request that it be rectified (where applicable). It is suggested that you send any such request to email@example.com with the “Rectification Request” noted in the subject line. This will increase our ability to provide you with a timely response. Depending on the complexity of your request, we may extend our response time or ask you for additional identification. If your personal information has been shared with others, we will notify them about your request for rectification when possible.
DELETING YOUR INFORMATION
You may request that we delete or remove your personal information in certain circumstances such as when we no longer need it or if you withdraw your consent (where applicable). If we have shared your personal information with other parties, we will notify them about your request for erasure when possible.
OPPOSING/RESTRICTING THE PROCESSING OF YOUR INFORMATION
Where applicable, you may request that we limit the processing of your personal information in certain circumstances such as when you reject the accuracy of that personal information or you object to certain processing. While we may continue to store your personal information or communicate with you about your transactions, we will notify you if we remove these restrictions at any point. With regard to marketing communications you may receive from us, we provide in each email the option to unsubscribe from future emails. You may also be able to manage your communication preferences within the settings of your own device.
Where applicable, you may have the right to request that we provide you with a copy of the personal information you provided to us or, if feasible and within reason, transfer such information to a third party of your choice in a structured, commonly used and machine-readable format. Depending on the complexity of your request, we may extend our response time when necessary.
OBJECTING TO THE PROCESSING OF YOUR INFORMATION
Where applicable, you will have the right to revoke your consent and/or request that we stop processing certain types of personal information we have collected about you. This request can be made by contacting Okeechobee Prime Seafood at the postal and/or email addresses below.
THIRD PARTY SERVICES
CHILDREN AS USERS
ARBITRATION, JURISDICTION, CLASS ACTION WAIVER AND JURY WAIVER
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 Okeechobee Prime Seafood 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 an arbitrator of OKEECHOBEE PRIME SEAFOOD LLC's choosing (the Arbitrator) before a single arbitrator in a location determined by the Arbitrator in accordance with its rules or as mutually agreed. The arbitrator shall apply Florida 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 Palm Beach County, Florida. Should you file any administrative or legal claims without arbitrating and Okeechobee Prime Seafood brings a successful motion to compel arbitration, you must pay the fees (including reasonable attorney’s fees) incurred by Okeechobee Prime Seafood 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 OKEECHOBEE PRIME SEAFOOD LLC 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 OKEECHOBEE PRIME SEAFOOD LLC hereby waive the right to assert claims in any class or representative action.
CHANGES TO OUR PRIVACY STATEMENT
OKEECHOBEE PRIME SEAFOOD LLC
2888 SHAWNEE AVE
WEST PALM BEACH, Florida 33409
Last updated: 3/12/2021