Legal
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These Terms of Use (“Terms”) govern your access to, and use of, the websites (each, a “Site” or “Website”), mobile applications, the mobile text program, third party messaging platforms, and online services or programs (collectively, the “Services”) operated by or on behalf of the Taco Naco group of companies (“Taco Naco ”) and on which these Terms appear. These Terms are a legal and binding agreement between you and Taco Naco. Your use of the Services indicates your acceptance of these terms. Do not use the Services if you do not agree to be bound by these Terms.
Taco Naco strives to ensure that the information contained on the Services is accurate and reliable. However, Taco Naco and the Services are not infallible, and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to the applicable law, Taco Naco makes no representations about the reliability of the features of the Services, the Taco Naco Content (defined below), Submitted Content (defined below), or any other Service feature. You acknowledge that any reliance on such material and/or systems will be at your own risk. Taco Naco is not responsible for the information, data, text, or other materials that may appear in Submitted Content or may otherwise be submitted by users. Opinions expressed in Submitted Content do not necessarily reflect the opinions of Taco Naco, and Taco Naco does not endorse, and has no control over, Submitted Content. Submitted Content is not necessarily reviewed by Taco Naco prior to posting and Taco Naco makes no warranties, express or implied, as to the Submitted Content or to the accuracy and reliability of the Submitted Content. Taco Naco makes no representations regarding the amount of time that any Taco Naco Content or Submitted Content will be preserved.
The Services are provided on an “as is, as available” basis without any representation or warranty, express or implied, of any kind. To the fullest extent permitted by law, Taco Naco hereby disclaims all warranties of any kind or nature, including, but not limited to, the implied warranties of merchantability, accuracy, non-infringement, and fitness for any particular purpose. Taco Naco disclaims any and all liability for the acts, omissions, and conduct of any third-party service providers, partners, sponsors, licensors, licensees, and the like (“Providers”) in connection with or related to your use of the Services and materials, programs, and features made available therein.
In no event shall Taco Naco or any of Taco Naco’s Providers be liable to any person for damages of any kind under any legal theory, including, but not limited to, any direct, indirect, special, consequential, punitive, or other damages (lost profits, business interruption, or loss of information, programs, or data) resulting from your use or inability to use the Services, even if Taco Naco has been advised of the possibility of such damages. Because some states do not permit the exclusion or limitation of certain damages, in such jurisdictions, liability is limited to the fullest extent permitted by such state law.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Taco Naco, its affiliates, its providers, and its officers, directors, employees, attorneys, and agents from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and expenses that arise directly or indirectly out of or from: (1) your breach of these Terms; and/or (2) your activities in connection with the Services and/or materials, programs, and features made available therein.
COMMUNICATING WITH TACO NACO
The Services may give you the ability to contact Taco Naco by electronic mail, for example, to sign up for services such as e-mail notifications and newsletters about Taco Naco’s products or to register for particular sweepstakes or contests. The information that you provide to Taco Naco through the Services is governed by Taco Naco’s Privacy Policy.
TACO NACO PROPERTY
The Services contain many valuable trademarks owned and used by Taco Naco throughout the world. These trademarks are used to distinguish Taco Naco’s quality products and services. The text, graphics, and html code contained on this Website and throughout the Services are the exclusive property of Taco Naco (“Taco Naco Content”). Taco Naco Content is protected from reproduction and simulation under national and international laws and, except where otherwise noted, is not to be copied, distributed, displayed, reproduced, or transmitted in any form, by any means, without the prior express written consent of Taco Naco.
USER-SUBMITTED CONTENT
Certain areas of the Services be enabled you to submit remarks, ideas, images, photos, suggestions, graphics, and/or other materials and content (“Submitted Content”). You acknowledge that you are responsible for whatever material you submit, and you, not Taco Naco, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. By posting, displaying, publishing, or otherwise submitting Submitted Content on or through the Services, you understand and acknowledge that any materials, ideas, or other communications you transmit will not be treated as confidential or proprietary. Furthermore, such Submitted Content will forever be the property of Taco Naco, and Taco Naco is entitled to use the Submitted Content for any commercial or other purposes whatsoever without compensation to you.
ONLINE PURCHASES
To purchase food products, merchandise, or other items through the Services, you must provide valid payment card and billing information. Such information will be collected by Taco Naco. Your information will be collected and used in accordance with Taco Naco’s Privacy Policy. When you purchase items through the Services, prices will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to have your payment card billed for the total amount displayed at check out. By purchasing items through the Services, you represent and warrant to Taco Naco that you are capable of entering into a contract under the applicable law.
WEBSITE ACCESS
Taco Naco hereby grants you permission to use the Services as set forth in these Terms, provided that: (i) your use of the Services as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Services in any medium without Taco Naco’s prior written authorization; (iii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for their intended purpose; and (iv) you will otherwise comply with these Terms.
In order to access some features of the Services, you will have to create an account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. Although Taco Naco will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Taco Naco or others due to such unauthorized use.
HYPERLINKS
The Services may link to sites not maintained by or related to Taco Naco. Hypertext links are provided as a service to users and are not necessarily sponsored by or affiliated with the Services or Taco Naco. Taco Naco has not necessarily reviewed the sites hyperlinked to or from the Services and is not responsible for the content of any other site. These links are to be accessed at the user’s own risk. Taco Naco makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyperlinked to or from the Services. Furthermore, Taco Naco does not implicitly endorse third-party sites hyperlinked to or from this Website.
TEXT MESSAGING NOTICE
If you choose to participate in any Taco Naco promotion that may involve the use of text messaging (either sending or receiving), Taco Naco will not charge you for the text messaging; however, standard text messaging rates will apply to each text message sent or received as provided in your wireless rate plan (contact your carrier for pricing plans and details).
VIOLATION OF THESE TERMS AND REMEDIES
You agree that Taco Naco may, in its sole discretion and without prior notice, block and/or terminate your access to the Services if Taco Naco determines that you have violated these Terms or other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice and will cause irreparable and unquantifiable harm to Taco Naco. You also agree that monetary damages would be inadequate for such harm and consent to Taco Naco’s obtaining any injunctive or equitable relief that Taco Naco deems necessary or appropriate. These remedies are in addition to any other remedies that Taco Naco may have at law or in equity.
If Taco Naco takes legal action against you as a result of your violation of these Terms, Taco Naco will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Taco Naco. You agree that Taco Naco will not be liable to you or to any third party for termination of your access to the Services, mobile app, programs, and/or services as a result of any violation of these Terms.
GOVERNING LAW AND JURISDICTION
These Terms are governed by United States law and are subject to all applicable federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms, or the rights and obligations of you or Taco Naco in connection with your use of the Services or your Submitted Content, shall be governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to the conflict of laws rules thereof.
DISPUTE RESOLUTION, ARBITRATION CLAUSE, AND CLASS ACTION WAIVER
You agree that any claim or dispute at law or equity that has arisen or may arise relating in any way to or arising out of these Terms will be resolved in accordance with the provisions set forth in this Dispute Resolution section. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED.
You agree that whenever you have a disagreement with Taco Naco arising out of, connected to, or in any way related to these Terms, you will send a written notice to Taco Naco (“Demand”). You agree that the requirements of this Dispute Resolution section will apply even to disagreements that may have arisen before you accepted these Terms. You must send the Demand to the following address (the “Notice Address”): Legal Department, Taco Naco, 8220 Metcalf Ave, Overland Park, KS 66204. You agree that you will not take any legal action, including filing a lawsuit or demanding arbitration, until 20 business days after you send a Demand. If the disagreement stated in the Demand is not resolved to your satisfaction within 10 business days after it is received, and you intend on taking legal action, you agree that you will file a demand for arbitration with the American Arbitration Association (the “Arbitrator”). This arbitration provision limits the ability of you and Taco Naco to litigate claims in court and you and Taco Naco each agree to waive your respective rights to a jury trial or a state or federal judge. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would. You agree that you will not file any lawsuit against Taco Naco in any state or federal court. You agree that if you do sue in state or federal court, and Taco Naco brings a successful motion to compel arbitration, you must pay all fees and costs incurred by Taco Naco in court, including reasonable attorney’s fees. For any such filing of a demand for arbitration, you must effect proper service under the rules of the Arbitrator, and notice to the Notice Address may not be sufficient. If, for any reason, the American Arbitration Association is unable to conduct the arbitration, you may file your case with any national arbitration company. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. You agree that the Arbitrator will have sole and exclusive jurisdiction over any dispute you have with Taco Naco. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.
You agree that you will not file a class action or collective action against Taco Naco, and that you will not participate in a class action or collective action against them. You agree that you will not join your claims to those of any other person. Notwithstanding any other provision in these Terms, if this class action waiver is invalidated, then the agreement to arbitrate is null and void, as though it were never entered into, and any arbitration dispute at that time will be dismissed without prejudice and may be refiled in a court. Under no circumstances do you or Taco Naco agree to class or collective procedures in arbitration or the joinder of claims in arbitration. Taco Naco agrees that we will submit all disputes with you to arbitration before the Arbitrator.
MISCELLANEOUS
These Terms constitute the entire agreement between you and Taco Naco and govern your use of the Services and supersede all prior or contemporaneous communications and proposals whether electronic, oral, or written, between you and Taco Naco with respect to the Services. Both you and Taco Naco acknowledge and agree that no partnership is formed and neither you nor Taco Naco has the power or the authority to obligate or bind the other.
The failure of Taco Naco to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
The failure of Taco Naco to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, or local governmental authorities, or for any other reason beyond the reasonable control of Taco Naco shall not be deemed a breach of this agreement. If Taco Naco fails to act with respect to your breach or anyone else’s breach on any occasion, Taco Naco is not waiving its right to act with respect to future or similar breaches.
The headings in these Terms are for your convenience and reference. These headings do not limit or affect this agreement.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
BINDING AGREEMENT
These Terms constitute a binding agreement between you and Taco Naco and are accepted by you upon your use of the Services. This agreement constitutes the entire agreement between you and Taco Naco regarding the use of the Services and the features therein and supersedes and replaces any prior agreements between you and Taco Naco regarding the use of the Services. By using the Services, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.
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Your privacy is very important to us. This Taco Naco Privacy Policy ("Privacy Policy") describes how Taco Naco KC, LLC., its affiliates, subsidiaries and related entities (collectively, “Taco Naco”, “TACO NACO Group”, “we”, “us”, or “our”) process and use the personal information that we collect through our websites and mobile apps ("Online Services"), our restaurant technologies such as Wi-Fi services at your favorite Taco Naco Restaurant, our interactions with you over the phone or offline related to our products and services (collectively, together with Online "Services"), and other sources.
We would love for you to know how we gather information about you and use that information to make your Taco Naco experience more remarkable across both online and offline worlds. So, this Privacy Policy describes the types of personal information we collect about you and how we process personal information. We have tried to make this Privacy Policy clear and easy to navigate, but if you don’t understand something, please feel free to reach out. You can contact us as described in the “Contact Us” Section.
Please note this Privacy Policy does not apply to any affiliate or related entity of Taco Naco, Inc. that maintains and publishes its own privacy policy. Also, this Privacy Policy does not apply to the privacy practices of any Franchised Operator or Licensee because Taco Naco restaurants are owned and operated by Franchised Operators and Licensees who are independent third parties. Please see the “Franchised Operator and Licensee Online Services” Section for more information.
WE MAKE UPDATES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time, and the updated Privacy Policy applies to you after the effective date stated in the revised Privacy Policy. Please come back to this page occasionally to check to see if it has been updated. You can also contact us as described in the “Contact Us” Section to receive a copy of the current Privacy Policy. If our information practices change, we will post an updated policy on our website. If we change the policy in a material way, we will provide appropriate notice to you such as posting a prominent notice on our website or emailing you if you provided your email to
INFORMATION YOU PROVIDE TO US
We collect information that you provide to us, depending on how you interact with us. For example, you may provide information to us when you:
(a) Sign up for our loyalty programs, events, or communications
During the sign-up or registration process or when you communicate with us, you may provide information such as your name, email address, physical address, phone number, mobile phone number, date of birth and/or age.
(b) Participate in promotions and events or respond to surveys and feedback requests
You may provide information to us about you, your household and/or other personal attributes through promotions, events, surveys, and feedback. This information may include your name, your contact information, name and age of your family members, (including your children), and other information you provide to us when you participate in an event or provide survey responses or feedback content. We may use this information to administer your participation in the promotion, event or survey and to respond to your feedback as well as for analysis either on an aggregate or identifiable basis.
(c) Order or purchase our products or services
You may provide your payment information to us (or we may process your payment information on behalf of another TACO NACO Group entity or Franchised Operators and Licensees), such as credit and debit card numbers, expiration date, and CVV as well as mailing address through orders, purchases, or other payment or subscription services. You may also provide additional information such as the type and color of your vehicle and delivery addresses to help us serve you better.
(d) Share stories, content or suggestions, or submit requests for information
We collect information when you share stories, content, experiences, suggestions, preferences or other input (e.g., expressing your preferences, comments, complaints, etc.), or submit requests for information from us. This includes information you share when you access or interact with Taco Naco pages or accounts on any third-party social media platforms such as Facebook, Twitter, Instagram, or LinkedIn or contact us by email or phone or in-person. This may also include recordings of telephone conversations you may have with our CARES customer support personnel.
Content you share on our Online Services or social media pages (e.g., stories, comments, blogs, postings, etc.) may include personal information. You are responsible for all actions resulting from any information you post on our Online Services or social media pages. Please remember that any information you post on social media pages may become publicly available, is not subject to this Privacy Policy, and Taco Naco is not responsible for the results of such postings.
Information We Collect Automatically or from Others
We may obtain some information automatically, for example, when you:
(a) Access or use the Online Services
Traffic Data. Our Online Services automatically track and collect your IP address, domain server, type of computer or device, and type of web browser. This helps us customize your online experience and assists with our marketing. We use this information to make our online experience better and more relevant for you. For example, we can show you menu items for the correct time of day in your location.
Cookies. We also use cookies, which are small text files that are stored on your computer and allow websites to remember information about you (“Cookies”). You may adjust your browser and/or Taco Naco's Cookie Preference Center settings to accept a Cookie or to not accept certain Cookies. However, if you decide not to accept Cookies from our Online Services, you may not be able to take advantage of all available features. Please see our Cookie and Interest-based Advertising Policy to learn about the types of Cookies we use, how we use them, and your choices for Cookies.
Web Beacons. Certain pages on the Online Services and social media pages may contain web beacons (also known as Internet tags, pixel tags, and clear GIFs), which are small bits of code embedded in pages or images on the Online Services and social media pages (“Web Beacons”). The Web Beacons may be used with Cookies to understand how you interact with us, so we can manage and improve those interactions. We may also include Web Beacons in e-mails we send to you to learn if messages have been opened, acted on, or forwarded. This helps us improve future messages and makes them more meaningful to you.
Other Technologies. We also utilize other tracking technologies. For example, if permitted by applicable law, we may collect “referrers”. A “referrer” is information your web browser passes along to web servers that refers to the URL from which you accessed the Online Services.
Like most websites, we may also collect environmental variables, which include, among other things, the domain from which you access the Internet, the time you accessed the Online Services or social media pages, the type of web browsers and operating system or platform used, the Internet address of the website you left to visit the Online Services or social media pages, the names of the web pages you visit, and the Internet address of the website you visit next. We use these technologies for marketing purposes and to improve your experience with our Online Services.
Information collected automatically may be combined with other personal information we have about you so that we can improve and customize the Online Services and our communications and promotions. When we know how you interact with our Online Services, we can serve you better.
In a nutshell, the following are examples of information we collect with these automated technologies:
your IP address, browser type, and operating system;
the mobile device you use and its temporary or persistent unique device identifiers;
pages you view within the Online Services;
websites you visited before coming to the Online Services;
video viewing history for videos you watch on the Online Services;
emails from us that you open and/or forward; and/or
offers or links from us to which you connect.
(b) Use location-enabled devices like a mobile phone to access the location-based services
If you utilize any of the location-based services such as “Find a Restaurant” on our Online Services or from location-enabled devices like your mobile phone or tablet, with your consent where required, we may collect, use, store, and share location data, including the real-time geographic location (e.g., geolocation and GPS location) of your device. We use the location data to provide Services such as mobile order fulfillment, and to improve location-based services, to enhance your experience and our operations, and for marketing and promotions. We may share your location data with third-party service providers who help us provide the Services such as identifying nearby restaurants, surfacing available market offers, and estimating mobile order pickup or delivery timing. You may limit access to your location data by adjusting the permissions in your device. If you grant us permission, we may collect location information when the app is running in the foreground or background.
(c) Order or purchase our products or services
We also collect information, through our business partners, relating to your purchases from us and our Franchised Operators and Licensees to process your transactions and to perform research and marketing analytics, such as the authorization code of the transaction, payment method, the date and time of the transaction, items purchased, the purchase price, and other order or purchase related information (e.g., a photo of delivered meals, etc.).
(d) Use social media platforms or other connected third-party services
The Online Services and our communications may contain links to third-party websites, including social media platforms such as Facebook, Twitter, Instagram, or LinkedIn (collectively, “Linked Sites”). We are not responsible for the privacy practices, policies, or content of any Linked Sites, even if you followed a link to them from the Online Services or our communications. This Privacy Policy does not apply to any Linked Sites. We encourage you to read and understand the privacy policies of any Linked Sites that you visit.
We may obtain information about you from Linked Sites. For example, when you link your account or engage with the Online Services through Linked Sites such as third-party social media sites, you may be allowing us to have ongoing access to certain information stored on those Linked Sites as described to you by those Linked Sites (e.g., your public profile, profile photo, friends list). We may receive certain information about you which is stored on Linked Sites if other users of those sites give us access to their profiles and you are one of their friends or connections, depending upon your settings on those Linked Sites. The information we have access to from Linked Sites varies and is controlled by your privacy settings on each Linked Site and by your consent.
We also obtain some personal information from others, for example:
Your Friends and Family. We may obtain additional information about you when someone, like your friend or family member, provides your information to us as part of a refer-a-friend or other referral or promotional program.
If we offer you the ability to share information with a friend or family member through email or other means, we rely on you to ensure that you only share information with individuals with whom you have a personal or family relationship and who would want to receive the communication. We will use the contact information you provide to communicate with your friend or family member on your behalf.
Franchised Operators and Licensees. We process information about you from our Franchised Operators and Licensees when we provide certain services for them. We may access and process personal information to provide these services, for example, to process your payment and manage mobile orders and other services like third-party delivery service order fulfilment on behalf of Franchised Operators and Licensees or at your direction. For more information, please see the “Franchised Operator and Licensee Online Services” Section.
TACO NACO Group Entities and Other Third Parties. We may also collect personal information from TACO NACO Group entities, third-party providers and business partners, including delivery partners, public databases, social media platforms, or third parties such as analytics or advertising and marketing providers, where permitted under applicable law.
HOW WE USE YOUR INFORMATION
We use the information we collect, on its own and combined with other information we collect about you, for the following purposes:
(a) Providing our products or services to you
We use your information to process your orders and payments, including on behalf of another TACO NACO Group entity and Franchised Operators and Licensees, and for operation of our business.
(b) Communicating with you
We use your information to communicate with you regarding our restaurants, products, services, events, promotions and other offers and respond to your inquiries, comments, feedback, stories, or postings. We may also provide information on our employment opportunities and job openings. You can unsubscribe from our email marketing communications at any time. See the “Communication Preferences” Section for more information.
(c) Customizing and improving your experience
We use your information to tailor our products, services, promotions, communications and the Services so that they are more useful and relevant to you, such as through targeted advertising and messaging personalization.
(d) Creating and managing your accounts with us
We use your information to create and manage your accounts (e.g., Taco Naco One accounts, registration for events, online ordering, mobile payments, contests, promotions, etc.) and administer your participation in our programs, events and other offerings.
(e) Getting to know our customers
Your information helps us understand your preferences and provide and improve support related to our product and service offerings and marketing efforts. For example, we may use your information to:
develop our products, services, promotions, and other offers;
respond to your requests, suggestions, and other communications;
improve our Services and business operations; and
conduct research and analysis for marketing, business and other operational purposes.
(f) Marketing and advertising
We promote our products and services and aim to provide tailored ads to you and others. We may advertise our products and services on third-party websites or online services. Please see our Cookie and Interest-Based Advertising Policy and Cookie Preference Center to learn more about our third-party advertising and marketing partners and how you may opt out of targeted advertising delivered by the members of the Digital Advertising Alliance (“DAA”), the Digital Advertising Alliance of Canada (“DAAC”) or the Network Advertising Initiative (“NAI”).
(g) Fraud detection, security, legal enforcement and compliance
We use your information to protect the security and integrity of our business and the Services, for enforcement of our agreement with you, for example, Terms and Conditions of Use, Taco Naco One Terms & Conditions, and Canadian Terms & Conditions of Use, as applicable, and our compliance with our applicable law.
We may combine personal information about you with other information we have acquired from third parties in accordance with applicable law. We will treat the combined information as personal information under this Privacy Policy.
When we process information as de-identified information, we will not re-identify such de-identified information, except as permitted under applicable.
How We Share Information
To perform our Services, we may share your information within Taco Naco and with third parties as necessary to complete your order, to provide our products and services, for purposes described in the “How We Use Your Information” Section, or with your consent. However, we do not sell your personal information to third parties for their marketing purposes.
We may share your information with the following types of third parties:
(a) Within Taco Naco, with TACO NACO Group Entities and Franchised Operators and Licensees
We share personal information within Taco Naco, Inc. and with TACO NACO Group entities and Franchised Operators and Licensees to provide our products, services, promotions and other Services to you and for our marketing purposes, in accordance with applicable law. We may also share personal information with TACO NACO Group entities and Franchised Operators and Licensees at your direction or request.
(b) Service providers
We share personal information with third-party service providers that provide a variety of services on our behalf, including but not limited to the development, maintenance, and support of the Services and social media pages, payment processing, online and mobile application ordering, delivery of products and services, the distribution of email and mobile messages, promotions, advertising services, and marketing research and analysis. Our service providers may be located outside of the jurisdiction in which you reside. Please see the “Transfer Outside Your Jurisdiction” Section for more information.
We may also share the personal information we collect with our analytics vendors and partners to develop aggregate analysis and business intelligence for our advertising and marketing purposes. For example, we use personal information to create custom audiences and measure the success of promotions.
(c) Other entities
In addition, we may share personal information with other entities for additional purposes. For example, we may share personal information with our business partners and other third parties upon your request or at your direction. We may also share personal information as part of a sale, merger or change in control, or in preparation for these corporate events. An entity that buys us or part of our business may continue to use your data in accordance with the Privacy Policy, unless you request otherwise.
We may also share personal information as may be necessary to protect the safety, property, or other rights of Taco Naco, Inc. and TACO NACO Group entities, Franchised Operators and Licensees, and their respective employees, customers, visitors, users, service providers, or any other person or entity; to comply with law, a court order, or other legal process (which may include access by courts, law enforcement or governmental authorities in the US or other jurisdictions), or in connection with a legal investigation; to enforce any applicable terms and conditions and other agreements; as otherwise may be required or permitted by applicable law; or in accordance with your consent.
ACCESS TO INFORMATION AND YOUR CHOICES
We provide you with the opportunity to access, update or delete certain information and to unsubscribe or opt-out from certain communications For example, you may exercise your choices as below. Please be aware that, if you do not allow us to collect and use your personal information, we may not be able to deliver certain products, services, promotions, and offerings to you.
(a) Opportunity to access, update and delete your information
You may access, correct or update certain personal information you have provided to us at any time by accessing your Taco Naco One account online or through the Taco Naco App.
If you are a resident of the United States, you can also request to access or delete your personal information by:
Calling us toll-free at Taco Naco CARES at 1-866-232-2040; or
Completing a rights request form available here.
If you are a resident of Canada, you may submit your request to access or delete your personal information by emailing our Privacy Leader at privacy.canada@Taco Naco.com.
(b) Communication preferences
You may choose how and whether to receive promotional or marketing communications from us. You may exercise your choices by following instructions available on the Online Services or in communications sent to you. For example, to unsubscribe from our email communications, follow the unsubscribe instructions contained in each of our email messages. Please note that we may continue to send transactional or account-related messages to you.
You may also receive communications from our Franchised Operators and Licensees. To opt out of these communications, please refer to the unsubscribe instructions contained in those communications.
Because we plan our communications in advance, it may take up to 3-5 business days for your “unsubscribe” request to become effective. If you continue to receive our communications after submitting an “unsubscribe” request, please let us know by contacting us using one of the methods listed in the “Contact Us” Section so that we can investigate the situation.
(c) Account deactivation
You may close your account by calling Taco Naco CARES at 1-866-232-2040 if you are a resident of the United States or by accessing your profile online if you are a resident of Canada. Please note, you may not be able to close your account when you have a remaining balance on your Taco Naco One account or associated gift cards. Please contact us at the toll-free number as listed in the "Contact Us" Section. When you close your account, we may keep some of your information for legal or our internal business purposes.
INFORMATION SECURITY
We seek to keep your personal information secure by implementing reasonable technical, administrative, and physical safeguards to help us protect such information from unauthorized access, use, and disclosure. When we collect or transmit sensitive information such as a credit card number, we endeavor to use industry standard methods to protect that information. We also ask our third-party service providers to use reasonable security measures to protect your information from unauthorized access, use and disclosure. However, please be aware that no method of electronically transmitting or storing information is ever completely secure.
E-MAIL SECURITY & HOW YOU CAN HELP
“Phishing” is a scam designed to steal your personal information. If you receive an e-mail that looks like it is from us asking you for your personal information which you suspect may be a scam, please notify us as provided in the “Contact Us” Section.
RETENTION
We retain personal information for as long as necessary to fulfill the purposes for which it is collected or processed. We also retain information for related business purposes, security, legal compliance, and disputes and claims handling as permitted by applicable law.
When you watch videos on the Online Services, you agree that we may share your video viewing with or obtain information about your video viewing from analytics service providers, advertising partners and social media platforms for two years or until you withdraw your consent. Where required by applicable law, we will obtain your consent prior to obtaining or sharing your video viewing data.
NOTICE TO CALIFORNIA CONSUMERS
If you are a California consumer, the following provisions apply to our processing of information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household (“California Personal Information”). For California consumers, the provisions of this California Addendum prevail over any conflicting provisions in other sections of this Privacy Policy.
We have collected the following categories of California Personal Information within the last 12 months from the sources listed below:
(a) Identifiers, such as a real name, physical address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers. This category of information is collected from you, your devices, and third parties such as Linked Sites, your family and friends, Franchised Operators and Licensees, and public databases.
(b) Personal information described in subdivision (e) of Section 1798.80 (California customer records statute), such as a name, address, telephone number, credit card number, debit card number, or other payment information. This category of information is collected from you, your devices, other TACO NACO Group entities, Franchised Operators and Licensees or other third parties such as our business partners.
(c) Commercial information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. This category of information is collected from you, your devices, other TACO NACO Group entities, Franchised Operators and Licensees or other third parties such as our business partners.
(d) Internet or other similar network activity, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with a website, application, or advertisement. This category of information is collected from you and your devices.
(e) Geolocation data, including physical location or movements. This category of information is collected from you and your devices.
(f) Sensory data, including electronic, visual, or similar information. This category of information, such as photos, is collected from you and third parties such as Linked Sites, TACO NACO Group entities, our service providers, or Franchised Operators and Licensees.
(g) Inferences, such as a profile about a consumer’s preferences, characteristics, and behavior, drawn from information we collect and insights we receive from third parties such as our marketing and advertising partners and data analytics providers.
Please see the “Information You Provide to Us" and "Information We Collect Automatically or from Others” Section to learn more about the types of information we collect and how we collect them.
For each of the above categories, we use the California Personal Information for a variety of business purposes such as:
Audits and reporting relating to particular transactions and interactions, including online interactions, you may have with us or others on our behalf;
Detecting and protecting against security incidents, and malicious, deceptive, fraudulent or illegal activity, and prosecuting the same;
Debugging to identify and repair errors in our systems;
SHORT-TERM, TRANSIENT USE INCLUDING CONTEXTUAL CUSTOMIZATION OF ADS;
Providing services on our behalf or on behalf of another, including maintaining or servicing accounts, providing customer service, fulfilling transactions, verifying identity information, processing payments, and other services;
Conducting internal research to develop and demonstrate technology;
Conducting activity to verify, enhance, and maintain the quality or safety of services or devices which we may own, control, or provide; and
Other business purposes described in the “How We Use Your Information” Section.
We may also use the information we collect for our own or our service providers’ other operational purposes, purposes for which we provide you additional notice, or for purposes compatible with the context in which the California Personal Information was collected.
Within the last 12 months, we have disclosed California Personal Information for our business purposes. To learn more about the categories of third parties with whom we share such information, please see the “How We Share Your Information” Section.
We do not sell and, within the last 12 months, we have not sold, California Personal Information.
YOUR CALIFORNIA PRIVACY RIGHTS
If you are a California consumer, you have certain rights related to your California Personal Information, including:
The right to request that we disclose to you:
the specific pieces of California Personal Information we have collected;
the categories of California Personal Information we have collected about you;
the categories of sources from which the California Personal Information is collected;
our business or commercial purpose for collecting or selling California Personal Information; and
the categories of third parties with whom we share California Personal Information.
The right to request that we delete California Personal Information about you.
You may request to exercise these rights by:
Calling us toll-free at Taco Naco Support (913-730-8565); or
Completing our rights request form available here.
As required under applicable law, please note that we will take steps to verify your identity before granting you access to information or acting on your request to exercise your rights. We may require you to provide your email address to verify your identity in response to exercising requests of the above type. You will, therefore, need access to your email account to receive our communications necessary to process your request. Please make sure to check your spam inbox to ensure these important communications are not missed. We may limit our response to your exercise of the above rights as permitted under applicable law. When you submit a request to exercise your rights above, we will use the information you provide to process your request and to maintain a record of your request and our response, as permitted under applicable law.
We may not discriminate against you because of your exercise of any of the above rights or any other rights, subject to the rights and the obligations under the California Consumer Privacy Act, including by:
Denying you goods or services;
Charging different prices or rates for goods or services, including through the use of discounts, loyalty programs, or other benefits or imposing penalties;
Providing you a different level or quality of goods or services; or
Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by law that can result in different prices, rates, or quality levels. Any permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Under California law, you may designate an authorized agent to make a request on your behalf. You may make such a designation by providing the agent with written permission to act on your behalf. We will require the agent to provide proof of that written permission. As permitted by law, we may require you to verify your own identity in response to a request, even if you choose to use an agent.
CALIFORNIA JOB APPLICANTS
In the context of job applications, we also collect information from you and third parties, including business contact information such as company name, physical address and email address, education information, and past work experience. Please see more information in the “COLLECTION AND USE OF PERSONAL INFORMATION OF TACO NACO, INC. EMPLOYMENT APPLICANTS” SECTION.
If you complete an application for employment with Taco Naco, Inc. or request information regarding such opportunities, California Personal Information you provide to us (such as information contained in a resume or cover letter) in connection with your request for information and/or to evaluate your application for employment will be processed in accordance with the California Job Applicants Privacy Policy.
You may contact us with questions and concerns about our privacy policies or practices by contacting us using any of the methods listed in the "Contact Us" Section.
CALIFORNIA DO NOT TRACK
California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how we respond to “Do Not Track” browser settings. We do not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed.
This California-specific addendum was last reviewed and updated as of June 30, 2021.
CHILDREN'S PRIVACY
The Online Services are not intended for children under the age of 13, without parental or legal guardian consent. We do not knowingly collect personal information from users in this age group. If you believe your child has provided personal information to us, please contact us via the email listed in the “Contact Us” Section and we will work to delete it.
TRANSFERS OF PERSONAL INFORMATION OUTSIDE YOUR JURISDICTION
Please be aware that your personal information will be transferred to, stored or processed by us or our service providers in the United States, where our servers are located and our central database is operated, or other jurisdictions where our service providers are located for the purposes set out in this Privacy Policy.
CONTACT US
If you have any questions or complaints about this Privacy Policy or how we or our Service Providers collect, use or disclose your personal information, please contact us at www.taconacokc.com/support or calling us at 913-730-8565. You may also contact us by emailing us at info@taconacokc.com.
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Taco Naco KC, LLC. is committed to ensuring that our website complies with the Americans with Disabilities Act. It is our goal to have a website that is accessible to everyone. We welcome any feedback on how to improve the site’s accessibility for all users. If you experience trouble accessing any information on our website, please contact 913-730-8565 or https://www.taconacokc.com/contact-us.
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For Customer With Allergies, Before Placing your Order, Please Inform us if a Person in Your Party has a Food Allergy
At Taco Naco, we understand your concerns about potential allergens in the foods you eat. Our primary goal is to provide accurate information on each ingredient used in each dish. To do this, we carefully manage the ingredients we buy and how we prepare our products.
While we take extreme cautions to minimize the risk of cross-contamination, however, we cannot guarantee that any of our products are safe to consume for people with specific allergies. However, even when it is not required by local regulation, if there is a risk to allergic consumers due to the presence of a major allergen in a product, we will declare its presence on the description of that product. The food specification that we will always declare are:
Gluten-Free (GF) / Dairy-Free (DF) / Vegetarian (V) / Vegan (VG)
Our kitchen offer products with dairy, butter, flour, and eggs. While we take steps to minimize the risk of cross-contamination, we cannot guarantee that any of our products are safe to consume for people with allergies such as soy, dairy, egg or wheat allergies.
At Taco Naco, we make every effort to identify ingredients that may cause allergic reactions for those individuals with food allergies. Items marked gluten friendly are made with no gluten-containing ingredients. Effort is made to instruct our food production staff on the severity of food allergies. However, there is always a risk of contamination. There is also a possibility that manufacturers of the commercial foods we use could change the formulation at any time, without notice.
Customers concerned with food allergies need to be aware of this risk. Taco Naco will not assume any liability for adverse reactions to food consumed, or items one may come in contact with while eating our products.
Please be advised consuming raw, cooked to order or under-cooked meat, poultry, seafood, shellfish or eggs may increase your risk of food-borne illnesses, especially if you have certain medical conditions.
Naturally, thoroughly cooking meats, poultry, seafood, shellfish, or eggs reduces the risk of food-borne illnesses.
Please contact us at 913-730-8565 or email us at info@taconacokc.com if you have specific questions or concerns about any of our products or if you are looking to customize your meals. We are able to accommodate some special dietary requirements and food allergies.
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Taco Naco Gift Cards are not redeemable for cash except as required by applicable law due to compliance with Federal and State Laws regulating the issuance and sale of gift cards, and then only to the extent required by applicable law.
After redeeming a gift card in a state that has a law requiring Taco Naco to provide cash back on remaining small gift card balances and the applicable card balance threshold has been satisfied, you may obtain cash back in one of two ways: (1) by requesting cash back at any participating Taco Naco Restaurant located in one of the states that has such a law, or (2) by printing the Taco Naco Gift Card Cash Back Request Form and mailing the completed form and your Taco Naco Gift Card to the address provided on the form.