privacy policy

PRIVACY POLICY

Zao Asian Café L.C. (also referred to herein as “Zao Asian Café”, "we," "us" or "our") has made this privacy policy (the "Policy") available to our Customers (also referred to herein as "you," or "your") in an effort to provide a candid and concise disclosure about what Customer data is collected when Customers use our website, mobile application, social media pages, and other online services, tools or programs (collectively the "Online Services"), and how that data (referred to herein as "Customer Data") may subsequently be used by us and by other third parties who are involved in providing the Online Services.

Gathering and analyzing customer data gives us the feedback we need to improve our Customer service. Our ability to serve you and other Customers is enhanced by our understanding of how you use our Online Services; however, we also believe that each Customer should enjoy a reasonable expectation of privacy when using our Online Services. We hope that your review of this policy will help you better understand the data related risks of using the Online Services so that you can make informed decisions about how to enjoy the convenience and benefits of our Online Services in light of those risks. If you determine that the data related risks outweigh the benefits of the Online Services, then please do not use the Online Services.

What information do we collect through our Online Services and how is it collected?

Generally speaking, two types of customer information will be collected when you use our Online Services: (1) personal information which is Customer Data that may be linked directly to your identity (commonly referred to in the industry as "Personally Identifiable Information"); and (2) "Anonymized Data" which is Customer Data that does not directly identify you and which is collected by automated means.

Personally Identifiable Information is collected when you voluntarily provide such information in order to use the Online Services. For example, to place an online order of food, you will provide Personally Identifiable Information such as your name, billing address, and payment card information. When you choose to participate in our Customer loyalty program or other contests and promotions, you may provide similar Personally Identifiable Information that we request in order to effectively administer those programs. When you apply for a job online, you will be asked to provide more detailed personal information that we will use to evaluate your qualifications for employment positions. Please note that several of these Online Services features requiring or requesting Personally Identifiable Information are administered by third-party Service Providers (as identified below) and therefore are also subject to separate policies, terms and conditions of the applicable Service Provider.

Anonymized Customer Data ("Anonymized Data") is generally collected by automated means without reference to your personal identity as you use the Online Services. For example, as you use the Online Services those programs will collect anonymous information about how you accessed and used the Online Services, what kind of device or browser you are using to access the Online Services, the location of device so used, and the domain names and internet protocol addresses associated with your access of the Online Services. This data is useful to us (and to our Service Providers) in order to ensure that the Online Services operate effectively, to identify and prevent any fraudulent activity, and to analyze and respond to general customer behaviors and demands. We also collect Anonymized Data through the use of "cookies," as most online services do. "Cookies" are small pieces of information that a website sends to your electronic device's hard drive as you are using the website in order to remember how you have used the website, so that we can deliver a more interactive and personal experience as you use the Online Services. While Anonymized Data is not collected, used or shared with any intent to identify Customers, you should be aware that persons may be able to combine such data with other data reference points to "re-personalize" the data. While Zao Asian Cafe has no intention of re-personalizing data or authorizing third parties to do so, you should appreciate the risk that unauthorized persons or third-parties may in fact do so.

What information do we collect through our Online Services and how is it collected?

The short answer is that we use Personally Identifiable Information to provide and improve our services to you on an individual basis, and we use Anonymized Data to provide and improve our services at a more general Customer level. Specifically, in order to provide and improve our services to you and other Customers, we anticipate using Customer Data in any of the following manners:

• To register an account for you to use the Online Services;
• To facilitate and process Customer transactions with Zao Asian Cafe;
• To promote and administer Zao Asian Cafe programs (such as loyalty, catering, and fundraising programs), as well as other contests and activities;
• To communicate with Customers regarding Zao Asian Cafe products and services;
• To help us better understand Customer preferences and concerns, to improve our Customer service and support, and to customize your Online Services;
• To improve the functionality and use of our Online Services;
• To comply with applicable legal requirements and industry standards;
• In other ways which are disclosed at the time you voluntarily provide such information (such as for contests, promotions, job applications, etc.).

Who is your information shared with?

The practicalities of operating the Online Services necessitate that we reserve our right to share Customer Data with: (1) third parties with whom we contract to administer the Online Services, or otherwise support our business; (2) affiliated and/or successor business entities; and (3) as required by law or government action. Each of these situations is described below in more detail.

• Third Party Service Providers ("Service Providers"). Since Zao Asian Cafe is in the restaurant rather than tech business, we frequently rely on Service Providers to help us provide the Online Services. For example, a Service Provider developed and operates our mobile application. In many cases, this means that the Customer will be providing Customer Data directly to the Service Provider in order to facilitate business with Zao Asian Cafe, in which case the Service Provider will have its own separate policies, terms or conditions with respect to Customer Data. This policy does not apply to such Service Providers and Zao Asian Cafe is not responsible for the actions or inactions of such Service Providers. Current Service Providers and their respective Privacy Policies. Please contact us at info@zaoasiancafe.com to inquire about any of our Service Providers. Service Providers are likely to change from time to time and if you are directed to any third party platform while using the Online Services, please be aware that this Policy will not apply to such platform, and that the third-party operating the platform is likely to have a separate privacy policy.

In addition, we reserve the right to share aggregated, Anonymized Data with other parties at our discretion.

Please be aware that when you request delivery of our products via a third-party service, we will need to share your personal contact information (including your name, address and phone number) with such third-party in order for them to complete the delivery. We are not responsible for the use or misuse of such information by the third-party, or their agents and contractors.

• Affiliated Business & Company Reorganizations. Zao Asian Cafe reserves the right to share Customer Data with other businesses that are either owned by, or under common control or ownership with, Zao Asian Cafe. In the event of a sale, merger, reorganization, or bankruptcy of Zao Asian Cafe, the Customer Data will be considered to be an asset of the company that is expected to be transferred to the successor entity which results from such a transaction, and under such circumstances Zao Asian Cafe is likely to so transfer the Customer Data.

• Compliance with Law. We also reserve the right to use or disclose any Customer Data as needed to satisfy any law, regulation or legal request, to cooperate in any law enforcement or similar investigation, or to protect the rights, property or safety of Zao Asian Cafe, Customers or others.

How do we protect your information?
 
 Unauthorized use of Customer Data is a serious risk to both our Customers and to our business. In appreciation of that risk, we use reasonable technical and administrative security measures designed to reduce the risk of any unauthorized use or disclosure of Customer Data. Those measures include physical security, data encryption, advanced endpoint security and device segmentation.
 
 You must be aware that while the security measures we implement are intended to minimize the risk of unauthorized use or disclosure of Customer Data, we cannot warrant nor guaranty that such measures will prevent a security breach from occurring; indeed, many reputable companies have suffered such breaches despite their use of industry standard security measures. Our Service Providers are also likely to be targets of such breaches, and we have no ability to monitor or protect their systems. Therefore, when you use the Online Services you must understand that you are assuming the risk that your Customer Data is vulnerable to unauthorized use or disclosure arising from security breaches. You are also responsible for safeguarding any passwords or payment information which you use in connection with the Online Services; if you believe that such information is being used in an unauthorized fashion, you must notify us immediately.

How Can I Limit the Amount of Customer Data that I Share?
 
 There are several ways in which you may limit the amount of Customer Data that is transmitted when you use the Online Services; however, you must understand that limiting the amount of Customer Data shared will also limit the amount of Online Services which can be provided to you. For example, you may limit the amount of data collected on the location the device you use to access the Online Services by accessing your device settings and withdrawing permission for the device to transmit such data; however, if such permission is withdrawn, then our Online Services will not be able to identify nearby restaurant locations or location related offers and information. Similarly, most internet browsers will allow you to limit or remove cookies which are sent to your device when you visit our website; however, without accepting cookies you may not be able to use all of the website's features. Please note that while several web browsers purport to enable you to browse the web without tracking or collection of Customer Data, many websites (including our own) do not respond to such preferences and will continue collecting data, in part because no common industry standards for handling such preferences have been adopted.
 
 Once you have shared Customer Data with us or our Service Providers, you may request that such information be provided, modified, or deleted by contacting us as provided below. Please note that while Zao Asian Café will consider such requests, we may not be able to grant all of them depending on applicable law and our legal rights. We cannot provide, modify or delete any Customer Data possessed by Service Providers, and you will have to contact them directly in the event that your request any such actions.

Children Under 13
 
 Our website, products and services are all directed to people who are at least 13 years old or older and we do not knowingly collect information from persons younger than 13 in violation of any laws. The website is not intended, or designed, to collect personal information from children. If you believe that we might have any information from or about a child under the age of 13, please contact us at info@zaoasiancafe.com.

Your California Privacy Rights
 
 The following applies to you only if you are a resident of California. California Civil Code Sections 1798.83-1798.84 (as may be amended or renumbered from time to time) permits users of the Online Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@zaoasiancafe.com.

Online Privacy Policy Only
 
 This Policy applies only to information collected through our Online Services.

Customer Feedback
 
 By submitting your information to Zao Asian Cafe through our "Contact" page, you are giving us permission to contact you directly using the information provided.

Changes to our Privacy Policy
 
 We reserve the right to update or change this Policy at any time. If we make a material change to our Policy, we will indicate on the Online Services that our privacy practices have changed and will provide a link to the new Policy. The date this Policy was last revised is at the top of this page. You are responsible for periodically reviewing the Online Services and this Policy to check for any updates or changes.

Contact Us

If there are any questions regarding this Policy, please contact Zao Asian Cafe by email at info@zaoasiancafe.com.

TERMS OF USE

ZAO ASIAN CAFE REWARDS TERMS OF USE

Effective Date: March 31, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE ZAO ASIAN CAFE REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE ZAO ASIAN CAFE REWARDS PROGRAM.

PERSONAL USE

Zao Asian Cafe Rewards is intended for personal use only. Commercial use is prohibited. Zao Asian Cafe Rewards is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may access and participate in Zao Asian Cafe Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

ABOUT ZAO ASIAN CAFE REWARDS

Zao Asian Cafe Rewards is one way in which Zao Asian Cafe endeavors to reward and thank loyal customers for patronizing our business and purchasing Zao Asian Cafe products. Zao Asian Cafe Rewards members are able to earn 3 points for every dollar they spend on the Zao Asian Cafe app.

JOINING ZAO ASIAN CAFE REWARDS

To join Zao Asian Cafe Rewards, go to zaoasiancafe.com/orderonline or to the Zao Asian Cafe mobile app and follow the prompts to create an account. You will be required to provide the following information:

• First and last name, email address, phone number and password.

EARNING REWARDS

Rewards are earned by spending money while logged in to your account on the Zao Asian Cafe app or web ordering only. You can earn rewards by making purchases in the following ways:

1. Paying for your purchase with a Zao Asian Cafe Gift Card through the app or through our online ordering on our Zaoasiancafe.com website. 

1. Paying for your purchase with Linked Payment Method. You can link a credit card, debit card or mobile wallet to your account, and use it to pay directly for your order through the App.

EXCLUSIONS TO EARNING REWARDS; PARTICIPATING STORES ONLY

You may not earn rewards in connection with certain types of beta or promotional programs, or on purchases made in store.

REWARD EXPIRATION

Unless otherwise noted, rewards are automatically added to your account within twenty-four (24) hours to forty-eight (48) hours of your eligible purchase. Expirations dates are unique to each reward and are noted as such.

REDEEMING REWARDS

Rewards can only be redeemed on the app or online ordering while logged in to your account. You cannot redeem rewards on in-store purchases. Points earned can be redeemed for the following:

• 90 Points   = Free Fresca
• 120 Points = Free Chips and Guac
• 150 Points = Free Kids Meal
• 300 Points = Free Veggie or Chicken Meal

Only 1 reward can be redeemed per transaction.

OTHER IMPORTANT REWARDS REDEMPTION INFORMATION AND EXCLUSIONS

Rewards may be redeemed at participating Zao Asian Cafe stores and are ineligible to be redeemed for the any other items that are not listed above. Only 1 reward can be redeemed per transaction. Zao online & app Rewards are NOT valid on Catering. The catering department has a rewards program exclusive to them and more information on that can be found in the “catering” section of our website.

OTHER IMPORTANT INFORMATION YOU SHOULD KNOW

There are no participation or membership fees associated with Zao Asian Cafe Rewards. Rewards accrued in connection with Zao Asian Cafe Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of rewards accrued in connection with Zao Asian Cafe Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Zao Asian Cafe.

Your rewards account is personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Zao Asian Cafe Rewards account that is personal to you.

Without notice to you, Zao Asian Cafe reserves the right to suspend any Zao Asian Cafe account and/or terminate your account and/or your participation in Zao Asian Cafe Rewards if Zao Asian Cafe determines, in its sole discretion, that you have violated these Terms of Use or that the use of your Zao Asian Cafe Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. Zao Asian Cafe may, in its sole discretion, suspend, cancel or combine Zao Asian Cafe Rewards accounts that appear to be duplicative. In the event that your participation in Zao Asian Cafe Rewards is terminated, all accrued rewards in your account are void.

Without notice to you, Zao Asian Cafe also reserves the right to "unregister" and make ineligible for Zao Asian Cafe Rewards any account that has been inactive for two (2) consecutive years. Inactivity is defined as no rewards earned during such two (2) consecutive year period. In the event that your Zao Asian Cafe account is unregistered or rendered inactive, all accrued rewards in your account are void.

Zao Asian Cafe reserves the right to change, modify, discontinue or cancel rewards or any part of the Zao Asian Cafe Rewards program, at any time and in its sole discretion, without notice to you.

These Terms of Use include an arbitration provision that governs any disputes between you and us. This provision will:

• eliminate your right to a trial by jury; and
• substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

You agree that we may provide updates, notices, disclosures and amendments to these Terms of Use, and other information relating to the Zao Asian Cafe Rewards program by electronic means, including posting such information and materials online at zaoasiancafe.com.

ADDITIONAL TERMS

These Terms of Use apply to your access to, and participation in, the Zao Asian Cafe Rewards program in the United States ("Zao Asian Cafe"), which is operated by Zao Asian Cafe Corporate team. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Zao Asian Cafe for other products or services.

CHANGES TO TERMS

Zao Asian Cafe reserves the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to Zao Asian Cafe Rewards, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to zaoasiancafe.com, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in Zao Asian Cafe Rewards following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in Zao Asian Cafe Rewards.

ARBITRATION

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms of Use.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in Zao Asian Cafe Rewards, your account, or your relationship with us. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in Zao Asian Cafe Rewards, or your relationship with Zao Asian Cafe or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department to info@zaoasiancafe.com to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

GOVERNING LAW

Any dispute arising from these Terms of Use or your access to or participation in Zao Asian Cafe Rewards will be governed by and construed and enforced in accordance with the laws of Utah. 

SEVERABILITY

If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.