Privacy Policy
We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are, how and why we collect, store, use, and share your personal information. It also explains your rights in relation to your personal information and how to contact us or supervisory authorities in the event you have a complaint.
We collect, use and are responsible for certain personal information about you. When we do so we are subject to various laws in the United States and the General Data Protection Regulation which applies across the European Union (including in the United Kingdom), and we are responsible as “controller” of that personal information for the purposes of those laws.
1. Key Terms. It would be helpful to start by explaining some key terms used in this policy:
GDPR: General Data Protection Regulation, European Parliament and Council of European Union (2016) Regulation (EU) 2016/679
CCPA: TITLE 1.81.5. California Consumer Privacy Act of 2018 Ca. Civ. Code Div. 3, Pt. 4, Tit. 1.81.5.
Colorado Data Privacy Act: Colorado Data Privacy Act, Colorado Revised Statutes §§6-1-713 et. seq.
Cookie Policy: Please see our separate policy on how we use Cookies here: www.parcaspen/cookies.
Personal Information: Any information that identifies, relates to, describes, or is capable of being associated with, a particular individual or identifiable natural person.
Products and/or Services: Any Products or Services that we may promote on our Site, including reservations at our restaurant.
Site: Our website: www.parcaspen.com.
Special Category Personal Information: Personal information revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership; Genetic and biometric data; Data concerning health, sex life or sexual orientation.
We, Us, Our: PARC Aspen, LLC, a Colorado limited liability company (doing business as PARC Aspen).
2. Personal Information We Collect About You. We collect the following personal information that identifies, relates to, describes, is reasonable capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:
Identifiers (e.g., a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name or other similar identifiers): When you visit our Site, we collect on-line identifiers such as IP addresses and cookies stored on your device. For more information about cookies, see our Cookie Policy. We also collect email and name information from visitors that sign up for an email newsletter on our Site. When you click to sign up for our newsletter, you are leaving our Site and the MailChimp website which will collect your name and email. When you click to secure a reservation, you are providing name and phone number and/or email to secure the reservation and that information is subject to the privacy policy of OpenTable. We also post web links on our Site which users may click to go to third party websites to make a table reservation at our restaurant or view our restaurant location on a map. Users that wish to use such functionality using those third party websites may submit their name and other identifying information like address, phone number and email.
Internet or other electronic network activity information (e.g., browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement): We track Site visitor traffic using Google Analytics to help us optimize our Site’s functionality and information.
Geolocation data: We track Site visitor traffic using Google Analytics to help us optimize our Site’s functionality and information and Google Analytics provides geolocation data of Site traffic.
Additionally, we do not collect “Personal Identifying Information” as defined in the Colorado Data Privacy Act, meaning: social security numbers; personal identification numbers; passwords; pass codes; official state or government-issued driver's license or identification card numbers; government passport numbers; biometric data, employer, student, or military identification numbers, or a financial transaction device (i.e. a credit, debit or atm card).
3. How and Why We Use Your Personal Information. Under data protection law, we can only use your personal information if we have a proper reason for doing so, e.g.:
· To comply with our legal and regulatory obligations;
· For the performance of our contract with you or to take steps at your request before entering into a contract;
· For our legitimate interests or those of a third party; or
· Where you have given consent.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
The bullets below explains what we use (process) your personal information for and our reasons for doing so:
To provide Services on our Site and at our restaurant that are relevant to you: For our legitimate interests or those of a third party, i.e. to provide reservation services to you at our restaurant.
Ensuring business policies are adhered to, e.g. policies covering security and internet use: For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you.
Operational reasons, such as improving efficiency, training and quality control: For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price.
Statistical analysis to help us manage our business, e.g. in relation to our visitor and customer base, event and food offerings or other efficiency measures: For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price.
Preventing unauthorized access and modifications to systems: For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you to comply with our legal and regulatory obligations.
Marketing our Services and events, and those of our partners, vendors and event promoters and other selected third parties to: (i) existing and former customers; (ii) third parties who have previously expressed an interest in our Services; (iii) third parties with whom we have had no previous dealings: For our legitimate interests or those of a third party, i.e. to promote our business to existing and former visitors to and customers and suppliers of PARC Aspen (and its partners and vendors).
The above bullets do not apply to Special Category Personal Information, which we will only process with your explicit consent.
4. Promotional Communications. We may use your personal information to send you updates (by email, text message, telephone or post) about our restaurant, events and Services.
We have a legitimate interest in processing your personal information for promotional purposes (see above, “How and why we use your personal information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.
We will always treat your personal information with the utmost respect and never sell OR share it with other third-party organizations for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by:
· Contacting us at feedback@parcaspen.com; or
· Using the “unsubscribe” link in emails.
We may ask you to confirm or update your marketing preferences if you instruct us to provide further information about PARC Aspen in the future, or if there are changes in the law, regulation, or the structure of our business.
5. Who We Share Your Personal Information With. We routinely share personal information with:
Name, email and phone information: By clicking to make a restaurant reservation or sign up for our newsletter you are engaging directly with those third party service providers (Squarespace, Open Table and MailChimp respectively) and you would provide this information with them directly. We do not separately share this information with third parties, but that information makes it possible for us to provide restaurant reservation, newsletter and promotion services to you.
IP addresses, cookies, Site visitor traffic: We provide this information to Google Analytics which we use to help us monitor and analyze our website traffic information to optimize our Site.
Geolocation data: We provide this information to Google Analytics which we use to help us monitor and analyze our website traffic information to optimize our Site.
We only allow our service providers to handle your personal information if we are satisfied they take appropriate measures to protect your personal information. We also impose contractual obligations on service providers to ensure they can only use your personal information to provide services to us and to you.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may also need to share some personal information with other parties, such as potential buyers of some or all of our business or during a restructuring. We will typically anonymize information, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
We will not share your personal information with any other third party.
6. Where Your Personal Information is Held. Information may be held at our offices and those of our third party agencies, service providers, representatives and agents as described above (see above: “Who We Share Your Personal Information with”).
As we are a restaurant business located in Aspen, Colorado and focused on activities and Services available at our restaurant, for purposes of the GDPR, all or most of these third parties are based outside the European Economic Area. For more information, including on how we safeguard your personal information when this occurs, see below: “Transferring Your Personal Information Out of the EEA.”
7. How Long Your Personal Information Will Be Kept. We will keep your personal information while we are providing any Services to you. Thereafter, we will keep your personal information for as long as is necessary:
· To respond to any questions, complaints or claims made by you or on your behalf;
· To show that we treated you fairly; or
· To keep records required by law.
We will not retain your personal information for longer than necessary for the purposes set out in this policy. When it is no longer necessary to retain your personal information, we will delete or anonymize it.
8. Transferring Your Personal Information Out of the EEA. As a restaurant business based in the USA that is focused on marketing our Services and Products to people in the USA, at this time we do not intend to: (i) offer Services and Products through our Site to people in the European Economic Area (“EEA”) defined by the GDPR as “EU Data Subjects”; (ii) monitor the behavior of EU Data Subjects; or (iii) process the Personal Information of EU Data Subjects. To the extent you are an EU Data Subject, then to deliver Services to you, it may be necessary for us to share your Personal Information outside the EEA, meaning:
· With our service providers also located in the USA (which is outside the EEA);
· If you are based outside the EEA; or
· Where there is an international dimension to the Services we are providing to you.
These transfers are subject to special rules under European and UK data protection law.
For example, the following countries have been assessed by the European Commission as providing an adequate level of protection for personal information: Andorra, Argentina, Canada (commercial organizations), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Switzerland and Uruguay. This means that if we wanted to transfer your personal information to be processed in those countries we could. But as a small US restaurant, we don’t intend to transfer your personal information outside of the US.
Except for the countries listed above (including the USA), other countries do not have the same data protection laws as the United Kingdom and EEA. Because we process your personal information in the USA we will ensure the processing complies with data protection law and all personal information will be secure. Our standard practice is to use standard data protection contract clauses that have been approved by the European Commission. To obtain a copy of those clauses contact us at feedback@parcaspen.com if you would like further information, please contact us (see “How To Contact Us” below).
9. Your Rights Under the GDPR. Users subject to the GDPR have the following rights under the GDPR:
Right to Access: The right to be provided with a copy of your personal information (the right of access)
Right to Rectification: The right to require us to correct any mistakes in your personal information
Right to be Forgotten: The right to require us to delete your personal information—in certain situations
Right to Restriction of Processing: The right to require us to restrict processing of your personal information—in certain circumstances, e.g. if you contest the accuracy of the data
Right to Data Portability: The right to receive the personal information you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
Right to Object: The right to object: (i) at any time to your personal information being processed for direct marketing (including profiling); and (ii) in certain other situations to our continued processing of your personal information, e.g. processing carried out for the purpose of our legitimate interests.
Right Not to be Subject to Automated Individual Decision-Making: The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.
For further information on each of those rights, including the circumstances in which they apply, see the guidance from the UK Information Commissioner's Office (ICO) on individual rights under the GDPR.
10. Your Rights Under the CCPA. You have the right under the California Consumer Privacy Act of 2018 and certain other privacy and data protection laws, as applicable, to exercise free of charge:
Disclosure of Personal Information We Collect About You
You have the right to know:
The categories of personal information we have collected about you
The categories of sources from which the personal information is collected;
Our business or commercial purpose for collecting or selling personal information;
The categories of third parties with whom we share personal information, if any; and
The specific pieces of personal information we have collected about you.
Please note that we are not required to:
Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
Re-identify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
Provide the personal information to you more than twice in a 12-month period.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Delete your personal information from our records; and
Direct any service providers to delete your personal information from their records.
Please note that we may not delete your personal information if it is necessary to:
Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
Debug to identify and repair errors that impair existing intended functionality;Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act;
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;Comply with an existing legal obligation; or
Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Protection Against Discrimination
You have the right to not be discriminated against by us because you exercised any of your rights under the CCPA. This means we cannot, among other things:
Deny Products or Services to you;
Charge different prices or rates for Products or Services, including through the use of discounts or other benefits or imposing penalties;
Provide a different level or quality of Products or Services to you; or
Suggest that you will receive a different price or rate for Products or Services or a different level or quality of Products or Services.
Please note that we may charge a different price or rate or provide a different level or quality of Products and/or Services to you, if that difference is reasonably related to the value provided to our business by your personal information.
11. Keeping Your Personal Information Secure. We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorized way. We limit access to your personal information to those who have a genuine business need to access it. Those processing your information will do so only in an authorized manner and are subject to a duty of confidentiality. We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org.
12. How to File a GDPR Complaint. We hope that we can resolve any query or concern you raise about our use of your information. If you would like to exercise any of your rights as described in this Privacy Policy, please:
· Email us at feedback@parcaspen.com; or
· Call us at 970-710-7448.
The GDPR also gives users subject to the GDPR the right to lodge a complaint with a supervisory authority, in the European Union (or European Economic Area) state where you work, normally live, or where any alleged infringement of data protection laws occurred.
13. Effective Date of and Changes to the Privacy Policy. The Effective Date of this Privacy Policy is June 7, 2022 and was last updated on June 7, 2022.
We may change this privacy notice from time to time – when we do, we will inform you via our website.
14. How to Contact Us. Please contact us by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.
Our contact details are shown below:
PARC ASPEN
620 E. Hyman Ave.
Aspen, CO 81611
feedback@parcaspen.com
970-710-7448
15. Do You Need Extra Help? If you would like this notice in another format please contact us (see “How to contact us” above.)