Privacy Policy

At Marcos, we are deeply committed to protecting the privacy and personal information of every individual who interacts with our website, services, and food-related offerings. This Privacy Policy explains in detail how we collect, use, store, share, and protect your personal information when you visit cafe-marcos.click, place orders, subscribe to our communications, or otherwise engage with our business. Please read this document carefully before using our services.

By accessing or using our website at cafe-marcos.click, you acknowledge that you have read, understood, and agree to the practices described in this Privacy Policy. If you do not agree with any part of this policy, please discontinue your use of our website and services immediately.

1. About Us and Our Contact Information

Marcos is a food service business operating in the United States. We take your privacy seriously and have appointed responsible personnel to oversee our data protection practices in accordance with applicable United States privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and the Federal Trade Commission (FTC) Act governing consumer protection and unfair or deceptive practices.

For all privacy-related inquiries, requests, or concerns, please contact us directly at [email protected]. We aim to respond to all privacy inquiries within thirty (30) business days.

2. Information We Collect

We collect various categories of personal information depending on how you interact with Marcos and our digital platforms. The categories below describe in detail what data we may collect from you.

2.1 Personal Identification Information

When you create an account, place an order, make a reservation, subscribe to our newsletter, or contact us directly, we may collect the following personally identifiable information:

• Full name
• Email address
• Phone number
• Mailing address or delivery address
• Date of birth (when required for age verification or promotional purposes)
• Username and password (for registered accounts)
• Profile picture or avatar (if you choose to upload one)

2.2 Payment and Transaction Information

When you make a purchase or payment through our website, we collect transaction-related information necessary to process and fulfill your order. This may include:

• Payment card type (e.g., Visa, Mastercard)
• Last four digits of your payment card
• Billing address
• Order history and transaction identifiers

Please note that complete payment card numbers are processed directly by our trusted third-party payment processors and are never stored on our servers. We use Payment Card Industry Data Security Standard (PCI-DSS) compliant processors to handle sensitive financial information.

2.3 Usage and Behavioral Data

As you navigate and interact with our website, we automatically collect information about your browsing behavior and usage patterns, including:

• Pages visited and content viewed
• Time and duration of your visits
• Links and buttons clicked
• Search queries entered on our site
• Items added to your cart or wishlist
• Referral sources (how you arrived at our website)
• Scroll depth and interaction events

2.4 Device and Technical Information

We collect technical information from the device you use to access our website. This includes:

• IP address
• Browser type and version
• Operating system and version
• Device type (desktop, mobile, tablet)
• Screen resolution and display settings
• Device identifiers and hardware model
• Internet service provider (ISP)
• Time zone settings and language preferences

2.5 Location Data

We may collect approximate or precise location data in the following circumstances:

• When you enable location services on your mobile device to find nearby locations or enable delivery services
• Based on your IP address to determine your general geographic region
• When you provide a delivery address as part of your order

2.6 Communications and Feedback

When you communicate with us through email, contact forms, live chat, or social media, or when you submit reviews, ratings, or feedback about our food and services, we collect the content of those communications and any personal information contained within them.

2.7 Cookies and Tracking Technologies

We use cookies, web beacons, pixel tags, and similar tracking technologies to collect information about your activity on our website. Please refer to Section 9 of this Privacy Policy for detailed information about our use of cookies and your options for managing them.

2.8 Information from Third Parties

We may receive information about you from third-party sources, including:

• Social media platforms when you connect your account or interact with our social media pages
• Marketing partners and data analytics providers
• Food delivery aggregator platforms
• Review and rating platforms

3. How We Use Your Information

We process your personal information for legitimate business purposes. Below is a detailed explanation of how we use the data we collect.

3.1 Service Delivery and Order Fulfillment

The primary purpose for which we collect and use your personal information is to provide you with our food services. This includes:

• Processing and fulfilling your food orders
• Coordinating delivery or pickup arrangements
• Managing your account and profile
• Sending order confirmations, receipts, and status updates
• Handling reservations and table bookings
• Responding to your inquiries, complaints, and support requests

3.2 Analytics and Service Improvement

We use data analytics to better understand how our customers use our website and services, which helps us improve our offerings. Specifically, we:

• Analyze website traffic patterns and user behavior
• Track which menu items are most popular
• Identify technical errors or performance issues on our website
• Conduct A/B testing to optimize website design and user experience
• Generate internal reports to support business decision-making

3.3 Marketing and Promotional Communications

With your consent (where required by applicable law), we may use your personal information to:

• Send you promotional emails about new menu items, special offers, and events
• Deliver personalized advertisements on our website and on third-party platforms
• Notify you about loyalty rewards, discount codes, and exclusive promotions
• Send you newsletters and updates about Marcos

You may opt out of marketing communications at any time by clicking the "unsubscribe" link in any marketing email, or by contacting us at [email protected]. Please note that even if you opt out of marketing communications, you will continue to receive transactional communications related to your orders and account.

3.4 Legal Compliance and Safety

We may use and disclose your personal information as necessary to:

• Comply with applicable federal, state, and local laws and regulations
• Respond to lawful requests from government authorities, courts, or law enforcement agencies
• Enforce our Terms of Service and other agreements
• Protect the rights, property, and safety of Marcos, our customers, employees, and the public
• Detect, investigate, and prevent fraud, unauthorized access, or other illegal activities

3.5 Personalization

We use your information to personalize your experience on our website and in our communications, including by recommending menu items based on your past orders and preferences, and tailoring promotional content to your interests.

4. Sharing Your Information with Third Parties

We do not sell your personal information to third parties. However, we do share your information in certain limited circumstances as described below.

4.1 Service Providers and Business Partners

We work with carefully vetted third-party service providers who assist us in operating our business and delivering our services. These providers may have access to your personal information only to the extent necessary to perform their functions and are contractually obligated to keep your information confidential and secure. Our service providers include:

• Payment processors: To securely process your financial transactions
• Delivery platforms: To coordinate food delivery to your location
• Email marketing platforms: To manage and send our email communications
• Analytics providers: To help us understand website traffic and user behavior (e.g., Google Analytics)
• Cloud hosting and infrastructure providers: To store and process data on secure servers
• Customer support tools: To manage and respond to customer inquiries

4.2 Legal Requirements and Law Enforcement

We may disclose your personal information when we believe in good faith that disclosure is required or permitted by law, including to:

• Comply with a subpoena, court order, or other legal process
• Respond to a lawful request from a government agency or law enforcement authority
• Protect against fraud, abuse, or threats to our systems or users
• Enforce our legal rights or defend against legal claims

4.3 Business Transfers

In the event that Marcos undergoes a merger, acquisition, restructuring, asset sale, or other business transfer, your personal information may be transferred to the acquiring entity as part of such a transaction. We will notify you via email or a prominent notice on our website if such a transfer materially affects the handling of your personal information, and we will provide you with choices as required by applicable law.

4.4 Aggregate and De-Identified Data

We may share aggregated or de-identified data that cannot reasonably be used to identify you with third parties for research, marketing, analytics, and other business purposes.

5. Data Security

Marcos takes data security very seriously. We implement a comprehensive range of technical, organizational, and administrative security measures designed to protect your personal information from unauthorized access, disclosure, alteration, loss, or destruction. Our security measures include:

• Encryption: We use Secure Socket Layer (SSL) / Transport Layer Security (TLS) encryption to protect data transmitted between your browser and our servers.
• Access Controls: Access to personal information is restricted to authorized personnel who have a legitimate business need to access such data. All employees with access to personal data are trained on data privacy and security best practices.
• Secure Payment Processing: All payment transactions are processed through PCI-DSS compliant payment processors. We do not store full payment card numbers on our systems.
• Firewalls and Intrusion Detection: We deploy firewalls, intrusion detection systems, and other network security tools to monitor and protect our infrastructure.
• Regular Security Assessments: We conduct regular reviews of our security practices and vulnerability assessments to identify and address potential weaknesses.
• Data Minimization: We only collect and retain the personal information that is necessary for the purposes described in this Privacy Policy.

6. Your Privacy Rights

Depending on your state of residence within the United States, you may have specific rights regarding your personal information. Marcos respects and honors these rights to the extent required by applicable law.

6.1 Rights Under the California Consumer Privacy Act (CCPA) and CPRA

If you are a California resident, you have the following rights under the CCPA as amended by the CPRA:

• Right to Know: You have the right to request that we disclose the categories and specific pieces of personal information we have collected about you, the categories of sources from which it was collected, the business purposes for collecting it, and the categories of third parties with whom we share it.
• Right to Delete: You have the right to request that we delete the personal information we have collected from you, subject to certain exceptions (e.g., when we need the information to complete a transaction, comply with a legal obligation, or exercise our legal rights).
• Right to Correct: You have the right to request that we correct inaccurate personal information we hold about you.
• Right to Opt-Out of Sale or Sharing: You have the right to opt out of the sale or sharing of your personal information for cross-context behavioral advertising. You can exercise this right by contacting us at [email protected].
• Right to Limit Use of Sensitive Personal Information: You have the right to limit our use and disclosure of sensitive personal information to only those uses necessary to provide our services.
• Right to Non-Discrimination: We will not discriminate against you for exercising any of your privacy rights. This means we will not deny you goods or services, charge you different prices, or provide a different quality of service because you exercised your rights.
• Right to Data Portability: You have the right to receive a copy of your personal information in a portable, readily usable format.

6.2 General Privacy Rights for All Users

Regardless of your state of residence, we honor the following rights for all users:

• Right to Access: You may request a copy of the personal information we hold about you.
• Right to Correction: You may request that we correct any inaccurate or incomplete information we hold about you.
• Right to Deletion: You may request that we delete your personal information, subject to applicable legal requirements and our legitimate business needs.
• Right to Withdraw Consent: Where we process your personal information based on your consent, you have the right to withdraw that consent at any time without affecting the lawfulness of processing carried out before your withdrawal.
• Right to Object to Marketing: You may object to the processing of your personal information for direct marketing purposes at any time.

6.3 How to Exercise Your Rights

To exercise any of your privacy rights, please submit a verifiable request to us by:

• Sending an email to [email protected] with the subject line "Privacy Rights Request"

We will verify your identity before processing your request to protect your privacy and security. We will respond to your request within forty-five (45) days, and may extend this period by an additional forty-five (45) days when reasonably necessary, with prior notice to you. We do not charge a fee for processing verifiable privacy rights requests unless they are manifestly unfounded or excessive.

7. Data Retention

We retain your personal information only for as long as is necessary to fulfill the purposes for which it was collected, or as required by applicable law. The following general retention periods apply:

After the applicable retention period expires, we will securely delete or anonymize your personal information in accordance with our data destruction procedures. In some cases, we may retain anonymized or aggregated data that cannot identify you for statistical and analytical purposes indefinitely.

8. Children's Privacy

Marcos does not knowingly collect personal information from individuals under the age of 18. Our food ordering and related services are designed for adults. If you are a parent or legal guardian and believe that your minor child has provided us with personal information without your consent, please contact us immediately at [email protected]. Upon receiving such notification and verifying the claim, we will promptly take steps to delete the relevant personal information from our records.

We comply with the Children's Online Privacy Protection Act (COPPA), which prohibits the collection of personal information from children under the age of 13 without verifiable parental consent. However, given that our services are directed at adults aged 18 and older, we implement measures to prevent individuals under 18 from creating accounts or placing orders on our platform.

9. Cookies and Tracking Technologies

Our website uses cookies and similar tracking technologies to enhance your browsing experience, analyze website traffic, and deliver personalized content and advertising. Below is a summary of how we use these technologies.

9.1 Types of Cookies We Use

• Strictly Necessary Cookies: These cookies are essential for the operation of our website. They enable core functions such as page navigation, secure login, and shopping cart functionality. You cannot opt out of these cookies if you wish to use our website.
• Performance and Analytics Cookies: These cookies collect information about how visitors use our website, such as which pages are visited most often and whether visitors receive error messages. We use this data to improve how our website works.
• Functionality Cookies: These cookies allow our website to remember choices you make (such as your preferred language or location) and provide enhanced, more personalized features.
• Marketing and Advertising Cookies: These cookies are used to deliver advertisements that are relevant to you and your interests. They are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns.

9.2 Managing Your Cookie Preferences

You can control and manage cookies in several ways:

• Through your browser settings, which allow you to block or delete cookies
• Through our cookie consent tool, which appears when you first visit our website
• By opting out of third-party advertising cookies through tools such as the Digital Advertising Alliance's (DAA) opt-out portal at www.aboutads.info/choices
• By opting out of Google Analytics by installing the Google Analytics Opt-out Browser Add-on available at tools.google.com/dlpage/gaoptout

Please note that disabling certain cookies may affect the functionality of our website and limit your ability to use certain features. For more detailed information about the specific cookies we use, please refer to our full Cookie Policy available on our website at cafe-marcos.click.

10. International Data Transfers

Marcos is based in the United States, and your personal information is primarily collected, stored, and processed within the United States. If you are accessing our website from outside the United States, please be aware that your information will be transferred to, stored, and processed in the United States, where data protection laws may differ from those in your country of residence.

When we engage third-party service providers located outside the United States, we ensure that appropriate contractual safeguards are in place to protect your personal information during such transfers. These safeguards may include standard contractual clauses, data processing agreements, or other legally recognized transfer mechanisms.

By using our website and services, you acknowledge and consent to the transfer of your personal information to the United States and to processing in the United States in accordance with this Privacy Policy.

11. Third-Party Links and Services

Our website may contain links to third-party websites, services, or applications that are not owned or controlled by Marcos. This Privacy Policy does not apply to those third-party sites. We are not responsible for the privacy practices or content of any third-party websites. We encourage you to review the privacy policies of any third-party sites you visit before providing any personal information.

Third-party services we may integrate with include social media platforms (such as Facebook, Instagram, and Twitter/X), food delivery platforms, review sites (such as Yelp and Google Reviews), and payment processors. Each of these services has its own independent privacy policy that governs how they collect and use your data.

12. FTC Compliance and Consumer Protection

Marcos is committed to operating in accordance with the standards set forth by the Federal Trade Commission (FTC) Act, which prohibits unfair or deceptive acts or practices in commerce. We do not engage in deceptive data collection or processing practices, and we are transparent about how we use your personal information. Our marketing and advertising practices comply with all applicable FTC guidelines, including regulations regarding endorsements, testimonials, and online advertising disclosures.

We also comply with the CAN-SPAM Act regarding our commercial email communications. Every marketing email we send includes a clear identification of the sender, a valid physical mailing address, and an easy-to-use opt-out mechanism.

13. How to File a Privacy Complaint

If you believe that your privacy rights have been violated, or if you are dissatisfied with how we have handled your personal information, we encourage you to contact us directly in the first instance so that we can attempt to resolve your concern.

13.1 Contact Marcos Directly

Please submit your privacy complaint to our team by emailing us at [email protected] with the subject line "Privacy Complaint." We will acknowledge your complaint within five (5) business days and aim to resolve it within thirty (30) business days. If your complaint is complex, we may require additional time, and we will keep you informed of our progress.

13.2 Filing a Complaint with a Regulatory Authority

If you are not satisfied with our response to your privacy complaint, you have the right to escalate your complaint to the relevant regulatory authority. In the United States, the primary consumer protection and privacy-related regulatory bodies include:

• Federal Trade Commission (FTC):
  The FTC handles complaints related to unfair or deceptive business practices, including privacy violations.
  Website: www.ftc.gov
  Complaint Center: reportfraud.ftc.gov
• California Privacy Protection Agency (CPPA) — for California Residents:
  The CPPA is the dedicated state agency responsible for enforcing the CCPA/CPRA.
  Website: cppa.ca.gov
• State Attorney General Offices:
  Most U.S. states have an Attorney General's office that handles consumer protection complaints, including those related to privacy. You may file a complaint with the Attorney General of the state in which you reside.

14. Changes to This Privacy Policy

Marcos reserves the right to update, modify, or revise this Privacy Policy at any time in response to changes in applicable law, our business practices, or technological developments. When we make material changes to this policy, we will:

• Update the "Last Updated" date at the top of this page
• Post the revised policy prominently on our website at cafe-marcos.click
• Send a notification email to registered users where the changes are material and significantly affect their rights

Your continued use of our website and services after the effective date of any changes constitutes your acceptance of the revised Privacy Policy. We encourage you to review this Privacy Policy periodically to stay informed about how we protect your personal information.

15. Contact Us

If you have any questions, concerns, or requests relating to this Privacy Policy or our data practices, please do not hesitate to contact us using the details below. We are committed to addressing your inquiry promptly and transparently.

When contacting us about a privacy matter, please include your full name, contact information, and a clear description of your request or concern so that we can assist you effectively. We may need to verify your identity before processing certain requests to ensure the security of your personal information.