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OPENTABLE PRIVACY POLICY

 

Last Updated: Oct 16, 2023

 

This Privacy Policy describes how OpenTable, Inc. and its subsidiaries
(collectively, “OpenTable,” “we,” “our” or “us”) collect, use, process and share
personal information. This Policy applies to visitors and users (individually,
“you”) of OpenTable’s websites, applications, social media accounts, and other
services (collectively, our “Services”). If you are a restaurant customer,
service provider, or other partner, please view our Restaurant Privacy Policy,
available here.The OpenTable company that hosts a particular Service and is
responsible for your information under this Policy can be found here. Your use
of our Services is also subject to the OpenTable Terms of Use.


For California consumers, please find additional disclosures regarding this
policy here.


For residents of Japan, if you have questions or requests regarding this Policy,
please click here.


As a leading brand for booking online restaurant reservations, OpenTable helps
connect diners and restaurants. This involves sharing personal information with
third parties, including restaurants, restaurant groups, and restaurant
affiliates, amongst others. In some cases, these third parties may collect
personal information directly from you and share it with us.

 

OpenTable is part of the Booking Holdings Inc. corporate group, which includes
Booking.com, KAYAK, Priceline, Agoda, and Rentalcars.com (collectively, “our
group companies”). In some cases, we receive personal information from our group
companies, and we share personal information with our group companies.

 

For more information 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.

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 search for or make an online reservation). We may also generate
information about you (e.g., information about your device while you use our
mobile application). In some cases, we also obtain personal information from
third parties (e.g., restaurants, business partners, our group companies, or
other third parties). Learn more

How We Use Your Information

We use your information to provide our Services, tailor your experience, show
you bookings and transactions made through OpenTable and our group companies,
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. Learn more

How We Share Your Information

We share your information with restaurants and restaurant affiliates; with our
group companies); 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 log
into your OpenTable account; 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. Learn more

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 for as long as your
account is active and for a period of time thereafter to allow you to
re-activate your account without loss of information, and as necessary for
purposes described below. Learn more

Cookies

We 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. Learn more

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 (including our group companies, restaurant
groups and restaurant affiliates, and other business partners).  These choices
and other rights you may have are described in more detail below. Learn more

Additional Disclosures for California Consumers

If you are a California resident, you can find additional information regarding
our data handling practices in this section. This section describes how we
handle your information, certain rights you have with respect to your personal
information, and how you can exercise your rights under applicable law. Learn
more

International Transfers of Information

We operate internationally, and information about you may be transferred to, or
accessed by, entities located in countries outside of your home country.  To
protect your information, any such international transfers will be made in
accordance with applicable law. Learn more

Links to Other Websites

Our Services may contain links to other websites or services that are not owned
or controlled by OpenTable, including links to websites of restaurants and
restaurant affiliates, our group companies, and other business partners
(including advertisers). Learn more

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. Learn more

Changes to This Policy

We update this Policy from time to time, and changes will be effective when
posted (as identified in the Policy). Learn more

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@opentable.com or using the contact
details set out below. Learn more

 

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 distinction between the
terms “personal information” and “personal data.”

 

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)

 

·       Account information (such as account settings and passwords)

 

·       Social media data (if you choose to link your OpenTable 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)

 

·       Photos of you (such as if you add a photo of yourself to your profile,
upload photos to a review or restaurant’s profile, or link your social media
account to your OpenTable account)

 

·       Communications you send us (such as customer support, messages or
communications to us or with restaurants through our app or other platforms, and
other requests you make through our Services and through restaurants)

 

·       Restaurant reviews and content (including reviews, photos, an alias of
your choosing that you can use when submitting reviews, 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)

 

·       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
text boxes that are designed for you to describe certain details about your
dining preferences that you want us or 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 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
absent you granting permission through your device or browser. Sensitive
personal information you voluntarily submit is processed on the basis of 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. As you use our Services, we 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 (see our
Cookies and Interest-Based Advertising Policy for more details). We generate the
following categories of personal information about you:

 

·       Device information. When you visit or use our Services, we 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.

 

·       Usage and performance information. We also automatically collect
personal information about your usage of the Services, including information
about your searches or interactions with features of our Services; sites or
restaurant pages visited; booking path; access times; and performance of our
Services.  

 

·       Location information. If you use our Services, we automatically collect
generic location information about you (such as city or neighborhood) or, with
your consent, precise geographic location data from your mobile device when the
app is running and when it is not running, depending on the choices you make
when you are asked to consent to our collection of location information. For
example, we 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, choose to publish your location in reviews you
leave for restaurants on the Services, or in your comments or other
communications with us. When precise geographic location data is not available
we may use GeoLite2 Data provided by MaxMind (available from
https://www.maxmind.com) to determine your approximate location. 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 in
order to provide and personalize our Services and tailor the offers we and our
partners provide to you.

 

Personal Information We Obtain from Third Parties. We may also receive certain
categories of personal information from third parties, such as third-party
websites, applications, social media networks, and services (which may include
publicly-available sources; each of these is a “third-party platform”), our
group companies, restaurants, and other third parties, including individuals who
have added you as a guest to their reservation. If you are an existing OpenTable
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

 

·       Social media data, if you connect to our Services using a social media
third-party platform or interact with OpenTable 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

 

·       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 certain participating restaurants (such as items ordered, bill total, and
time spent at the restaurant), information about travel accommodations and
bookings you make through our group companies (for example, if you book a hotel
stay through one of our group companies, we may receive the general location of
your accommodations and use that information to provide nearby restaurant
recommendations); 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, if you eat at a
hotel restaurant as a hotel guest, restaurants are able to flag that you are a
guest at that hotel, or if you eat at a chain of restaurants, those restaurants
can flag whether you have a loyalty card or other information about interactions
with those restaurants)

 

Aggregate Information. We 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 in order 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, reviewing
restaurants, paying for services or events, joining waitlists, and notifying
people you add to or notify of your restaurant reservations through the Services

 

·       Authenticate your account credentials and identify you, as necessary to
log you in to the Services and ensure the security of your account

 

·       Communicate with you about your account or 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 restaurants through our app or other
platforms through our direct communications feature, which we make available
through our Services, 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 OpenTable, our group companies, or our
business partners and 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 companies 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, including
restaurant groups and restaurant affiliates

 

·       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. For example, if
you frequently search for or book Italian restaurants or restaurants with
outdoor seating in your home city, we may prioritize Italian restaurants with
outdoor seating in your search results when you look for reservations in another
city 

 

·       Provide you more relevant advertising on and off our Services, including
to show you personalized offers on and off our Services. For example, if you
frequently search for or book reservations at Italian restaurants in a
particular city, we may display advertising for a local Italian restaurant to
you on our Services or work with our business partners to display advertisements
for local Italian restaurants to you on other websites you visit

 

·       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.

 

You have choices about your personal information, and in some circumstances, you
may have the right to opt-out or object to our 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, we may communicate with you via electronic messages,
including email, text message, or mobile push notification to:

 

·       Send you information relating to our products and Services. This may
include reservation and waitlist confirmations, reminders and updates, receipts,
technical notices, updates, security alerts, and support and administrative
messages.

 

·       Send you marketing communications.  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 OpenTable, our group companies,
restaurants, and other business partners.

 

With your consent, where required, we may contact you at 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.

 

Our Role as Data Controller and Data Processor. For purposes of European Union
law and similar data protection regimes, we generally act as a data controller,
meaning we determine the purposes and means of processing your personal
information through our Services. Under certain OpenTable programs, however,
restaurants may engage us to provide them with certain processing services
related to information owned or controlled by the restaurant. We seek assurances
from restaurants that they will process information in accordance with
applicable laws, but we are not responsible for any restaurant's use of
information (including information used by its affiliates and service providers)
for which it is an owner or controller. To learn more about how a restaurant may
use such information, you should review its privacy notice.

 

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 ground 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 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 companies. We share your information with our group
companies, including but not limited to for the Purposes described above, to
provide you with integrated products and services, and for our and their
marketing purposes (see below for more detail on Sharing with Our Group
Companies).

 

·       With other business partners. We share information with other
third-party business partners for their own marketing purposes, including
sharing with online advertisers or advertising technology (“ad tech”) companies
to provide you with targeted advertising and marketing communications, where
permitted under law (see below for more detail on Sharing with Our Business
Partners).

 

·       With social networking services. We 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).

 

·       Third-party services or applications you use to log into your account.
If you use a third-party service or application (e.g., Facebook) to log into
your OpenTable account, we share certain personal information with that third
party, such as your name and email address.

 

·       Reviews you submit. If you provide us with a review of your restaurant
reservation, you authorize us to publish it on all our Services under the
screenname you provided, 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 with the relevant
restaurant, and you authorize the restaurant to respond to you through our
Services.

 

·       To process payments. We require credit or debit card information to make
payments at certain restaurants, to secure your reservation, purchase tickets to
events, or purchase other products or services, in which case we share your
payment information with restaurants, 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 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 in order
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 OpenTable does
not store or retain health information collected in this context for OpenTable’s
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.

 

·       Enable Community Sharing. When you enable our community sharing feature,
you may invite friends and family to your OpenTable reservations and share your
dining activity, saved restaurants and reviews with other diners with whom you
have connected on our platform.

 

In some circumstances, you may have the right to opt-out or object to our
sharing of your information with certain third parties. For more information, or
to exercise these or other rights, see the Your Choices and Rights section
below.

 

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, such as a restaurant reservation, joining a restaurant waitlist,
making a payment to a restaurant through our Services, purchasing an event
ticket, or if you are a guest of the person making the request, we necessarily
provide certain categories of your information to the restaurant to facilitate
that request. For requests to dine, this information may include your name,
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. Your information is
provided to the restaurant, 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 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 a
restaurant group, we may also share additional information about your dining
activity at that restaurant or restaurant 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.

 

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

 

We also share with restaurants summary reports of feedback from diners. 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 affiliated
restaurants (such as affiliated brands), restaurant group and/or restaurants
with the same brand or parent-brand (collectively, such restaurant’s “restaurant
group”), or other entities associated with the restaurant (such as the parent
entity of the restaurant group or affiliated hotels) and/or their service
providers (collectively, the associated entities and service providers, the
restaurant’s "restaurant affiliates") under OpenTable’s 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 and restaurant group 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 restaurant partners means to
communicate about 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 the communications; (b) block your access to the
Services’ in-product 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 our restaurant partners.

 

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 groups and restaurant affiliates
under our programs, please see the Your Choices and Rights section below.

 

Sharing with Our Group Companies. We share your information with our affiliates
and subsidiaries in the U.S. and worldwide, as well as with our parent
corporation, Booking Holdings Inc., and its other subsidiaries (collectively, as
also defined earlier in this Privacy Policy, “our group companies”). We may
share your information with our group companies for the following reasons:

 

·       Provide you with integrated services (including to administer and manage
reservations, purchases, services, 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 related to how we share your information with
our group companies, please see the Your Choices and Rights section below.

 

Sharing with Our Business Partners. We share your information with other
third-party business partners for their own marketing purposes. These third
parties 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 collect about you through the use of cookies and similar technologies (e.g.,
information about the websites you visit; information about your searches,
including the cities or neighborhoods you search in, the type of restaurant or
cuisine you searched for, price range, intended dining date, and the number of
diners).

 

For example, if you frequently book reservations at Italian restaurants, we use
that information to help a particular Italian-themed restaurant group offer you
a promotion.

 

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 allow you to connect and
share your actions, comments, content, and information publicly or with friends.
Our Services may also allow you to connect with us on, share on, and use
third-party platforms, including those on which OpenTable 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. OpenTable 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
reservations at certain restaurants; to make payments to certain restaurants or
to secure reservations; and to purchase tickets to events, or other products or
services), 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 with restaurants, third-party payment processors, and other
third-party service providers (including, but not limited to, 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 in order to use our restaurant payment services, we provide
your credit or debit card account information to our third-party payment service
providers. As explained in the OpenTable Terms of Use, these third parties may
store your credit or debit card account information so you can use our
restaurant payment services through 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 platform and identify opportunities for improvement. Google Analytics
anonymizes your IP address to protect your data. No other personal data is
collected that would allow an identification. The legal basis for this data
processing is Article 6 (1) lit. a GDPR. You may provide your consent or
withdraw your consent to the described data processing by Google Analytics here.

Google Analytics is a web analytics service provided by Google LLC, 1600
Amphitheatre Parkway, Mountain View, California 94043, USA. 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 OpenTable 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. The European Court of
Justice has determined that the USA provide for an insufficient level of data
protection. In this context, there is a risk that your data may be processed by
US institutions or authorities for control and monitoring purposes without you
having an adequate legal remedy against this.

 

IV.            HOW WE STORE AND PROTECT YOUR INFORMATION

 

OpenTable 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 your OpenTable
account with anyone. If we receive instructions using your user name and
password, we will assume you have authorized the instructions. If you have
reason to believe that your interaction with us is no longer secure (e.g., if
you feel that the security of any account you might have with us has been
compromised), please contact us immediately as detailed in the How to Contact Us
section below.

 

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. To be clear, OpenTable does not itself 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 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 OpenTable 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 for as long as your account
is active and for a period of time thereafter to allow you to re-activate your
account without loss of information. 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

 

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 companies, 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. See our Cookies and Interest-Based Advertising Policy
for more details.

 

VI.            YOUR CHOICES AND RIGHTS

Choices Regarding Electronic Communications.

 * Email. If you no longer want to receive marketing and promotional emails from
   OpenTable, you may click on the “unsubscribe” link in such emails to opt-out
   of future marketing email communications. If you have an OpenTable account,
   you may also opt-out of marketing emails in your account settings. 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 OpenTable.

    

 * Text Messages. If you no longer want to receive text messages from OpenTable,
   reply STOP (or as otherwise instructed) to the text message.  If you have an
   OpenTable account, you may also adjust your account settings to opt-out of
   text messages.

 

Cookies and Interest-Based Advertising. To exercise choices regarding cookies
set through our websites or Services, as well as other types of online tracking
and online advertising, see our Cookies and Interest-Based Advertising Policy
for more details. 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, we 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
Services. 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, we suggest you 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 participating
restaurants through our Services we will receive information about your dining
experience from the restaurant's point of sale terminal. You can opt-out of us
receiving this information via the booking confirmation page or your OpenTable
account preferences.

 

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 restaurants we share your information with them to ensure
   your booking is recorded. These restaurants may share your dining information
   with their restaurant affiliates or broader restaurant group or through the
   OpenTable platform for the purpose of improving and personalizing your dining
   experience on future visits  if you book at a restaurant affiliate or within
   the same restaurant group.  You can opt-out of such sharing with restaurant
   affiliates and restaurant groups for customized dining experiences by
   changing your OpenTable account preferences. Please note that if you opt-out
   of this sharing, we may continue to assist restaurants in sharing information
   with restaurant affiliates and restaurant groups for them to use for other
   internal purposes, such as their internal analytics.

    

 * 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 companies, for their own marketing purposes;
   
    * Other business partners, who use information for their own marketing
      purposes.

 

You can opt-out of such sharing by changing your OpenTable account preferences.
You may also send such opt-out requests to us as described in the How to Contact
Us section below.

 

Control Over Information in Your Account. If you have created an online account
with us and would like to update the information you have provided to us, you
can access your account to view and update your information. You may also
contact us as described 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 local 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 our legitimate interest.

 * Where we are using your personal information on the basis of 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@opentable.com.  So that we can better process
your request, please provide the email you use to log into your OpenTable
account. If you do not have an OpenTable account, 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@opentable.com.

 

Where applicable, you may also have the right to register a complaint to your
local data protection authority. For residents of the EU and UK, contact
information for the EU data protection authorities can be found at
http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm.
For residents of Australia, if you are not satisfied with the outcome of your
complaint after first contacting us, you may wish to contact the Office of the
Australian Information Commissioner; for more information, please refer to
http://www.oaic.gov.au.

 

VII.          ADDITIONAL DISCLOSURES FOR CALIFORNIA CONSUMERS

These disclosures describe how OpenTable collects, uses, processes, and
discloses personal information of California consumers and the rights you may
have under California law. These disclosures are intended to supplement
OpenTable’s Privacy Policy with information required by the California Consumer
Privacy Act.

Disclosures Regarding Personal Information Processing. California law requires
that we describe the personal information we collect about California consumers,
including by identifying specific categories of information. As we describe in
more detail in the “Information We Collect and Use” section of the Privacy
Policy, 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 sites

 * Inferences such as about your preferences and interests from data we collect
   in order to provide and personalize our services and tailor the offers we and
   our partners provide to you

 * If you choose to provide it to us, sensitive personal information, as
   described in “Sensitive Personal Information”

 

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 of the Privacy Policy. For information about our purposes for
collecting, or possibly sharing your personal information, please refer to the
“How We Use Your Information” section of the Privacy Policy. We retain the above
categories of personal information consistent with our retention processes as
described in “How We Store and Protect Your Information.”

 

We may disclose or share your personal information with third parties for the
purposes described in the “How We Share Your Information” section of the Privacy
Policy. Under California law, some of these disclosure activities may be
considered “sales” under California law, 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.

 

California Privacy Rights. California law grants certain rights to California
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 CA Privacy Rights. To exercise your Privacy Rights under
California law, please contact us using our request form or by contacting
OpenTable at privacy@opentable.com. Please note that you can make a request to
know twice within a 12-month period.

 

To exercise your right to opt out of “sale” or “sharing” of your personal
information, click this Do Not Sell or Share My Personal Information link. 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 account associated with
your OpenTable account, asking you to sign into your user account, or answering
some security questions.

 

If you are an authorized agent wishing to exercise rights on behalf of a
California 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
California 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.

 

Request Report. The following metrics below include the aggregate number of
requests to know, requests to delete, and requests to opt-out received, complied
with in whole or in part, and denied by OpenTable. Please note that these
numbers reflect the total number of global requests received by OpenTable,
including requests received by California consumers.

 

Requests Received

Requests Complied in Whole or in Part

Average Business Days to Respond

Access Requests

110

110

3

Deletion Requests

23994

23994

2

Do Not Sell Requests

765

765

3

Other (including correct, limit processing)

1520

1520

2

 

“Shine the Light”. California residents also have the right under certain
circumstances to request information regarding how we share personal information
with third parties for their own direct marketing purposes. To opt-out of this
type of sharing, please see the section entitled “Choices Regarding Sharing with
Third Parties”.

 

VIII.          INTERNATIONAL TRANSFERS OF INFORMATION

 

Information about you will be transferred to, or accessed by, entities located
around the world as described in this Policy. Some of these entities may be
located in countries (such as the United States) that do not provide an
equivalent level of protection for personal information as your home country.

 

We have put in place safeguards to provide adequate protection for transfers of
certain information, in accordance with applicable legal requirements. For more
information on the appropriate safeguards in place, or to request a copy of
these safeguards, please contact us using the contact details listed in the How
to Contact Us section below.

 

IX.         LINKS TO OTHER WEBSITES

 

Our Services contain links to other websites or services that are not owned or
controlled by OpenTable, including links to websites of restaurants and
restaurant affiliates and our advertisers, our group companies, 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

 

Our Services are not directed at or intended for use by children. We do not
knowingly collect information from, children under 16 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 at 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.            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@opentable.com
or by postal mail at:

 

OpenTable, Inc.

1 Montgomery St., Suite 500

San Francisco, CA 94104, U.S.A.

Attention: Legal Department

 

If you are located in Germany, our Data Protection Officer can be contacted at:
Dr. Felix Wittern, Am Sandtorkai 68, 20457 Hamburg, Germany.

 

OpenTable has designated Fieldfisher Tech Rechtsanwaltsgesellschaft mbH, Am
Sandtorkai 68, 20457 Hamburg, to be the representative (the “Representative”)
for OpenTable Inc. in the EU

 

You can also contact your local OpenTable directly. You can identify the
OpenTable company that hosts a particular Service and that is responsible for
your information here.

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