Terms of Use

Welcome to the Icebox Cafe® website. Your use and access of this website, along with all content, data, and information contained in this website or any mobile applications or communications from us (collectively, our “Site”), is governed by these terms and conditions (“Terms of Use”). By choosing to use our Site, creating an account on our Site, joining our loyalty program or placing an order or posting content to our Site, you are entering into an agreement with Icebox Cafe® in which you agree to these Terms of Use. If you do not agree, or do not fully understand these Terms of Use, you may not use our Site. Your use and browsing of our Site is entirely at your own risk. If you are dissatisfied with our Site, your sole and exclusive remedy is to discontinue accessing and using our Site.

To the extent permitted by law, your sole and exclusive remedy with respect to any order placed on our Site will be for replacement of that portion of the order with which you are not satisfied, or to refund any amounts you paid for the portion of the order with which you are not satisfied. See below for more information on limitations of liability and the extent to which they may apply to you. Also note that prices displayed online may differ from those posted in location, and that some special offers may not be applicable to both online and in-location purchases, or in all locations.

If you are under the age of eighteen, you may use our Site only to obtain information about our business, products, services, employment opportunities and offers. You may not make purchases through our Site. If you wish to make purchases through our Site, a parent or guardian must do so for you. Also, at this time, our Site is not intended to be used by persons who are citizens of the European Union, or are residents of, or located in, any European Union country (“EU Persons”). If you are an EU Person, you agree not to use our Site and, under no circumstances, to provide any personal information of any kind to us.

Special Assistance

Special assistance is available for persons with disabilities. If you need assistance accessing our Site, please call us at 1-305-538-8448.

Disclaimer – No Warranties

We warrant that we will use commercially reasonable efforts to make our Site available to you through the internet, other than during regularly scheduled service periods, or in the event of an internet outage or disaster. Icebox Cafe® makes no other warranty with respect to our Site, whatsoever. More specifically, EXCEPT AS IS EXPRESSLY STATED ABOVE, OUR SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED AS TO THE OPERATION OF OUR SITE OR THE INFORMATION INCLUDED ON IT, INCLUDING THAT IT WILL BE ERROR-FREE, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY DEFECTS OR INCORRECT INFORMATION WILL BE CORRECTED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, OTHER THAN THE EXPRESS WARRANTY SET FORTH ABOVE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS OR QUIET ENJOYMENT. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRDPARTY SERVICE PROVIDERS, PARTNERS, SPONSORS, LICENSORS, LICENSEES OR THE LIKE.

Site Errors/Changes

Given the unpredictability of technology and the online environment, we do not warrant the function or operation of this Site, that the use of the Site will be uninterrupted or error-free or that defects will be corrected. We make every effort to present the most recent, accurate, and reliable information on this Site at all times. However, on occasion information provided on this Site may contain incomplete data, typographical errors, or inaccuracies. Please be aware that we present our content ‘as is’ and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. We shall not be liable for damages of any kind related to your use of or inability to access this site. We will not be liable for any damages or injury, including but not limited to, special or consequential damages that are caused by any failure of performance, error, omission, delay in operation of transmission, computer virus, line failure or inability.

Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR ONLINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY INCLUDING BUT NOT LIMITED TO SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE OUR SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ELECTRONIC COMMUNICATIONS FROM ICEBOX CAFE® AND ITS THIRD PARTY SERVICE PROVIDERS, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THESE EXCLUSIONS FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, AND EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ICEBOX CAFE®, ITS AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESPECT TO YOUR USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE.

AND OUR TOTAL LIABILITY TO YOU (FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT OF ORDER PLACED ON OUR SITE THAT GAVE RISE TO THE CLAIM, OR TWENTY-FIVE DOLLARS ($25.00), WHICH EVER IS GREATER. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY INFECT COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS, BROWSING ON, USE OF OUR SITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OUR SITE. OUR SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND WE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. USE IT AT YOUR OWN RISK!

THE FOREGOING LIMITATIONS OF LIABILITY AND WARRANTY ARE INTENDED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SOME JURISDICTIONS PLACE RESTRICTIONS ON LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU IN FULL. IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY HEREIN WILL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.

Restrictions on Use and Conduct

Materials from our Site may not be copied, distributed, republished, uploaded, posted or transmitted in any way without our prior written consent. Unless otherwise specified, all materials on our Site is made available only to provide information and are for personal and non-commercial use. Use of the materials on our Site for any other purpose other than non-commercial use to receive information about our business, products, services, offers and employment opportunities violates intellectual property rights or those of our licensors. You agree not to: use or access our Site for any purpose that is unlawful or prohibited by these Terms of Use, use or access our Site in a manner that could damage, disable, overburden, or impair our servers or the networks connected to our servers, interfere with any third party’s use and enjoyment of our Site or attempt to gain unauthorized access to accounts, information, data, computer systems or networks connected to or stored on any of our servers through hacking, password mining or any other means. In some cases, our Site allows adults to make online purchases. We reserve the right to refuse service or cancel orders in our sole discretion. If we believe that a violation of these Terms of Use may have occurred, we may edit, modify or delete any Submission, terminate accounts or take other corrective action. We will fully cooperate with any law enforcement authorities or court order related to Submissions that violate applicable law or these Terms of Use and you waive and hold us harmless for any such cooperation provided to the fullest extent permitted by law.

Our Site may allow you to place orders as a guest, in which case we do not store personal identifying information. You may also place an order without saving your credit card information. If you are concerned about online risks such as hackers targeting our Site, you should use the Site as a Guest only, without saving credit card information, to help limit the amount of information we store. No site can protect against all possible online intrusions or hacker efforts, including ours.

Intellectual Property Information

All trademarks, logos, trade names and service marks displayed on our Site are our registered or unregistered trademarks, or those of third parties that we have the right to sue (the “Marks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way. Without limiting the foregoing, the use of our Marks on any other website, software, advertisement or mobile app is strictly prohibited. All materials contained on our Site are subject to copyright. The absence of a copyright notice, trademark symbol, or statement regarding the proprietary nature of a trade name does not constitute a waiver of our intellectual property rights concerning the trademark, trade name or service mark. We will aggressively enforce our intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution where appropriate. We do not warrant or represent that your use of materials displayed on our Site will not infringe rights of third parties not owned by or affiliated with us. Use of any materials on our Site is at your own risk to the fullest extent permitted by law.

If you are a copyright owner or agent thereof and believe that content posted on our Site infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. We can be reached by email at [email protected], or by mail at:

DMCA Designated Agent
Icebox Cafe, LC
1855 Purdy Avenue
Miami Beach, FL 33139

Indemnification

By using our Site, you accept all responsibility for, and hereby agree to indemnify and hold harmless Icebox Cafe, LC and each of its related entities, and its and their respective owners, officers, directors, employees, shareholders, contractors, agents, successors and assigns from and against any claims, damages, costs, and expenses, including attorneys’ fees and costs that may arise from or relate to your breach of any of these Terms of Use or to any actions taken by you in connection with our Site, including but not limited to any Submissions. The foregoing shall not apply, however, for any action that arises from our violation of any applicable law, breach of these Terms of Use, or our gross negligence or willful conduct.

Governing Law and Commencement of Actions

These Terms of Use and our Privacy Policy shall be governed and interpreted pursuant to the laws of the State of Florida, United States, notwithstanding any conflict of law principles. In the event that you have a dispute with us relating to these Terms of Use or our Privacy policy, you agree to contact us (using the methods shown in the Contact Us portion of our Site), and to negotiate with us in good faith for no less than thirty (30) days in an effort to resolve that dispute. If the dispute cannot be resolved by good faith negotiation, ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT, SHALL BE DETERMINED IN ACCORDANCE WITH THESE TERMS OF USE, AND MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE. YOU ALSO AGREE THAT THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA OR THE SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION, AS APPLICABLE, WILL HAVE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ANY DISPUTE, CLAIM OR CONTROVERSY. YOU EXPRESSLY SUBMIT AND CONSENT IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR SUIT COMMENCED IN SUCH COURT, AND YOU WAIVE ANY OBJECTION THAT YOU MAY HAVE BASED UPON LACK OF PERSONAL JURISDICTION, IMPROPER VENUE OR FORUM NON CONVENIENS, AND WAIVE ANY RIGHT TO TRIAL BY JURY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THIS SITE. IF YOU CHOOSE TO ACCESS THIS SITE FROM ANOTHER LOCATION, YOU DO SO ON YOUR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Submissions

Except for Personal Information that we collect from you in accordance with the terms of our Privacy Policy, we are free to use any comments, information, ideas, concepts, graphics, photographs, music, artwork, copy, suggestions, know-how or techniques contained in any communication that you may send to us through our Site or related to promotions or loyalty program or sweepstakes, or otherwise (together, the “Submissions”). The foregoing does not apply, however, to employment applications, which will be kept confidential as required under applicable law. We will not treat any other Submissions as confidential or proprietary (unless required by law or if we agreed to treat it as confidential in a signed writing). By providing Submissions to us, you expressly grant us an unrestricted, irrevocable, perpetual, assignable, worldwide, royalty-free license to disclose, copy, reproduce, display, publicly perform, transmit, distribute, translate, reformat, incorporate and otherwise use your Submissions along with your name, photograph, voice, likeness and other information, ideas, content or materials embodied therein, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any and all commercial or non-commercial purposes without compensation to you or anyone else. You acknowledge that you are responsible for your Submissions, and you, not us, have the full responsibility for ensuring that your Submissions comply with these Terms of Use and all applicable laws. You may not include any content that is the property of another unless you have expressed written permission to do so and to grant the foregoing rights and licenses with respect to that content.

Violations of these Terms of Use

You agree that we may, in our sole discretion and without prior notice, block or terminate your access to our Site if we determine that you have violated these Terms of Use. You also agree that any violation or threatened violation by you of these Terms of Use constitutes unlawful and unfair business practice and will cause us irreparable and unquantifiable harm for which monetary damages would be inadequate. You therefore consent to our obtaining injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity, except where prohibited by law. If we take legal action against you as a result of your violation of these Terms of Use, we 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 us, to the fullest extent permitted by law. We will not be liable to you or to any third party for termination of your access to our Site for any reason.

International Users

We maintain our Site from our corporate offices in State of Florida and we make no representation that these materials are appropriate or available for use in other locations. If you access our Site from locations outside of the United States of America, you are responsible for compliance with applicable local laws. The information on our Site is intended only for use and access by persons residing in the United States and its territories. You may not use our Site in violation of U.S. export laws and regulations. EU Persons are not eligible to use our Site at this time.

Employment

We are an equal opportunity employer committed to a diverse workforce. To be considered for a posted job opportunity, you must timely submit an application. Applications are active for 20 days, after which you must reapply.

Electronic Communications

When you visit the Site or send e-mails to us or register for our email list, you are communicating with us electronically. You consent to receive communications from us electronically so that we may respond to your communications. We will communicate with you by email or by posting notices on this Site and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By submitting your email address, you may receive Icebox alerts, announcements, polls, surveys, advertisements, coupons, promotions, and/or information regarding giveaways, sweepstakes, and contests, and you agree that Icebox and its third party service providers may use your email address to contact you for those purposes and about Icebox and for administrative purposes.

Linked Sites

Our Site and communications may contain links to other third-party websites (“Linked Sites”). We are not responsible for the privacy practices, policies or content of any Linked Sites, even if you link to them from our Site or communications. These Terms of Use do not apply to any Linked Sites. We have no control over any Linked Sites and we do not endorse any Linked Sites. We encourage you to read and understand the terms and conditions of use of any Linked Sites that you visit.

Modifications to these Terms of Use

These Terms of Use may be updated periodically and without prior notice to you. If you place an order on our Site, placing the order will re-confirm your acceptance of the then-current Terms of Use. Otherwise, your continued use of our Site following any such changes constitute your unconditional agreement to be bound by these Terms of Use. You are responsible for reviewing these Terms of Use each time you use or access our Site.

Privacy Policy

Our Privacy Policy applies to use of our Site, and it is made a part of these Terms of Use by this reference. By accepting these Terms of Use, you are also agreeing to our Privacy Policy.

Entire Agreement, Severability, and Assignment

These Terms of Use along with the Privacy Policy and any additional terms of use governing particular offers, events or promotions, as each is currently posted on our Site, are the entire agreement between the parties relating to use of our Site and supersede all prior agreements.

Neither these Terms of Use nor any features or services of our Site create any partnership, joint venture, employment or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms of Use may not be modified except in the event we issue a revised version of these Terms of Use that you agree to by using our Site, placing an order, enrolling in a loyalty program or otherwise; or in the event you enter into a writing signed by us that expressly references this paragraph and states that it is intended to modify these Terms of Use. Our failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. Neither course of conduct nor trade practice shall modify these Terms of Use. We may assign our rights and duties hereunder to any party at any time without any notice to you. These Terms of Use may not be assigned by you without our prior written consent.

Contact Us

If you have any questions about these Terms of Use, please contact us by e-mail at [email protected]. If you believe that our Site contains materials that infringe a copyright or other proprietary right, please notify us immediately.

 

Privacy Policy

Below you will find our Privacy Policy describing the information practices of Icebox Cafe, LC and, as applicable, our parent, affiliates, subsidiaries, and related entities (collectively referred to as “we”, “us”, or “our”). This Privacy Policy covers the information that we collect about you on our Site (as defined below), how we use and share that information, and your choices regarding our collection and use.

Our goal is to protect your privacy and the information that you submit to us through the Internet. We operate our Site from our corporate office in Miami-Dade County, Florida in the United States. All matters pertaining to our Site are governed and interpreted under the laws of the State of Florida, United States.

By accessing our Site, you indicate your acceptance of this Privacy Policy and your agreement to the Terms of Use posted on our Site. If you have any questions or concerns regarding this Privacy Policy, please contact us by e-mail at [email protected].

Our Site is not directed to children under the age of thirteen (13) and we do not knowingly collect personal information from children under the age of thirteen (13) on our Site. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen (13) on our Site, we will delete the information from our records.

Special Assistance

Special assistance is available for persons with disabilities. If you need assistance accessing our Site, please call us at 1-305-538-8448

Information Collected

We and our third-party service providers collect information about you from a variety of sources, including information you provide directly to us, and information we collect about you when you interact with us. For example, we and our third-party service providers collect information both directly and indirectly from you when you:

  • access or use our website, any mobile applications, loyalty program, our Promotions (defined below), and any other website or application where this Privacy Policy is posted (collectively, our “Site”);
  • order and/or purchase any of our products or services;
  • contact or communicate with us;
  • create an account with us;
  • request information from us;
  • register for any event and/or participate in any event, contest, surveys, or other promotion that we may offer from time to time (collectively, “Promotions”);
  • register for, access or use our loyalty program, if any;
  • begin or complete the application process for a franchise opportunity, or for employment by us;
  • access or use our pages or accounts on any third-party social media platforms such as Facebook, Twitter, or Instagram (“Social Media Pages”);
  • sign-up for communications from us; and/or provide or submit comments, suggestions, or other content or input to us.

We may combine any of the information collected about you for the purposes described in this Privacy Policy.

When you submit an order online, your information will be collected and processed by our online ordering service provider, SpeedeTab and will be subject to their privacy policy located at SpeedeTab.com/privacy. When you order catering or access our loyalty program, if any your information will be collected and processed by third party providers subject to their respective policy policies on their respective website.

Personal Information

We and our third-party service providers collect information that identifies you personally provided by you or on your behalf, which information may include your: name, address, telephone numbers (including mobile numbers), email addresses, date of birth and/or age, demographic information, and/or financial information (e.g., credit and debit card numbers) (“Personal Information”). We do not require you to provide any information related to your racial origin, religious beliefs, or sexual orientation.

Transaction Data

We and our third-party service providers may also collect information, including Personal Information, relating to your purchases from our restaurants or Licensees, if any, payment method, the date and time of the transaction, items purchased, and the purchase price (“Transaction Data”).

Information Collected Automatically

We and our third-party service providers use tracking technologies to automatically collect certain information from you. The following are examples of information we may collect with these technologies:

  • your IP address;
  • browser type and operating system;
  • mobile device type;
  • pages you view within our Site;
  • website you visited before coming to our Site;
  • emails from us that you open and/or forward; and/or
  • offers or links from us to which you connect.

We use this information to personalize your online experience and for marketing purposes.

Traffic Data. Our Site automatically track and collect your IP address, domain server, type of computer, and type of web browser (collectively, “Traffic Data”). Traffic Data does not typically include Personal Information, but rather is anonymous information that is helpful for our marketing purposes for improving your experience on our Site.

Cookies. We also use cookies, which are small text files that are stored on a user’s computer and allow websites to remember information about users (“Cookies”). We use Cookies to monitor how our Site are used and to help personalize your online experience. Most browsers automatically accept Cookies. You have the choice to set your browser to accept or reject Cookies. Each browser is different, so check the “Help” menu of your browser to learn how to change your Cookie preferences.

Web Beacons. Certain pages on our Site 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 our Site and Social Media Pages (“Web Beacons”). We may also include Web Beacons in e-mails we send to you to learn if messages have been opened, acted on, or forwarded. You can disable the ability of Web Beacons to capture such information. Please refer to the “Help” menu of your browser to learn more about Web Beacons and your ability to disable them.

Other Technologies. We and our third-party service providers may also utilize other tracking technologies. For example, if permitted by applicable law, we may collect “referrers” and various environmental variables. A “referrer” is information the web browser passes along to our or our third-party service provider web servers, which refers to the URL from which you accessed our Site. Environmental variables may include, among other things, the domain from which you access the Internet, the time you accessed our Site or Social Media Page, the type of web browsers and operating system or platform used, the Internet address of the website you left to visit our Site or Social Media Page, the names of the web pages you visit, and the Internet address of the website you visit next. These environmental variables are collected by most websites, and can be used to optimize your online experience.

We treat information automatically collected as non-personally identifying information, except to the extent required by applicable law. Such information may be combined with your Personal Information so that we can make our Site and communications more personalized for you. To the extent that information automatically collected is combined with Personal Information, we treat the combined information as Personal Information for the purposes of this Privacy Policy.

Mobile Applications, if any

In addition to the information described above, we and our third-party service providers may collect additional information when you utilize any of our mobile applications, if any, including the type of mobile device you use, the temporary or persistent unique device identifiers, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use our mobile applications.

If you utilize any of the location-based services in our mobile applications, we and our third-party service providers may collect, use, and share location data, including the real-time geographic location of your device. We use such information to provide and improve location-based products and services. You may opt-out from further allowing us to have access to your location data by adjusting the permissions in your mobile device.

Information Use

We use your information that we collect, including Personal Information, for a variety of business purposes, including:

  • providing our products and services to you;
  • processing payments;
  • communicating with you regarding our restaurants,

    • products, services, events, Promotions, and other offers;

  • making our Site and communications tailored to your interests;
  • creating and managing your accounts with us;
  • administering our Promotions and other offers;
  • tailoring our products, services, Site, and advertisements to your interests;
  • responding to your inquiries, comments, stories, or postings;
  • improving and customizing our products, services, and Site according to your individual interests;
  • for internal operations such as enhancing our product and service offerings, marketing efforts, and to conduct research and analysis;
  • developing new products, services, and Promotions;
  • for marketing purposes;
  • to enforce our Terms of Use; and/or
  • to protect the security and integrity of our business and our Site.

We may use your information to match it with other data sources in order to enhance our records, such as appending additional information to your profile. We may use data and service providers to identify different devices that you use to match all of those devices to you, such as desktop computer, laptop and smartphone. Such matching enables us to improve our advertising and understand how you use the Site.

Third Party Disclosures

We do not sell your Personal Information to third parties for their marketing purposes. We may share Personal Information provided by our visitors to this Site with service providers we have retained to perform services on our behalf. These service providers are restricted from using or disclosing such Personal Information except in anonymized form or as necessary to perform services on our behalf or to comply with legal requirements. In addition, we may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity. We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided through our Site in a manner that is consistent with this Privacy Policy.

Facebook Sign In

You may create an account or sign into your account on the Site by clicking on “Sign in with Facebook” and then entering your Facebook login credentials. In this case, we may receive information from Facebook to make it easier for you to create an account on the Site. Once you register on the Site and connect with Facebook, information you post or provide access to may be publicly displayed on the Site or by Facebook. Both Icebox Pantry and Facebook may have access to certain information about you and your use of the Site and Facebook’s services. We are not responsible for the privacy practices of Facebook, and you are encouraged to read their policies and set your privacy preferences appropriately.

Employment Applicants

If you complete an application for employment with us, or request information regarding such opportunities, we collect Personal Information that you provide in connection with your request for information and/or to evaluate your application for employment. By applying to become an employee you consent to our collection, use, and disclosure of your Personal Information in this manner.

Your Choices

Access and Deletion Requests

We provide you with the opportunity to update and/or delete certain information that we collect from you, such as profile and account information. For any such requests, you may contact us via the Contact Information provided at the end of this policy. We will make good faith efforts to comply with such update and/or deletion requests as soon as possible, but cannot guarantee complete update or removal of the requested information from our databases.

Communications

We also provide you with the opportunity to opt-out of having your Personal Information used or disclosed for certain purposes. You may update your choices by contacting us via the Contact Information provided at the end of this Privacy Policy, or following instructions provided in communications sent to you. Because we plan our communications in advance, please allow some time for your request to become effective. If you opt-out but continue to receive communications, please contact us so that we can address the issue.

Interest-Based Advertising

We may ourselves or with third parties, use non-identifying information to deliver interest-based advertisements to you based upon your online activities and other information. The online advertising industry provides a service through which you may opt-out of receiving interest-based advertising from certain third-party providers that participate in self-regulatory programs. Some of the third parties that provide us such advertising services comply with, and we comply with, the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance (DAA). You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers. For mobile devises, you may also download and set your preferences on the App Choices mobile application(s) available in Google Play or the Apple App stores to limit ads in certain apps or may set the limit ad tracking setting or to reset the advertising identifier on your iOS and Android device. Some of these third parties may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see www.networkadvertising.org/choices/.

Even if you opt out, note that you will continue to see generic advertising that is not tailored to your interests and activities. Whether you use our opt-out or an online industry opt-out, cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your desktop browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device. We do not respond to or honor “do not track” (a/k/a DNT) signals or similar mechanisms transmitted by web browsers.

Analytics

We may use third-party analytics services such as Google Analytics on our Site to analyze your use of the Site, and our performance and delivery of our products, services and advertising. To learn how to opt out of Google Analytics services, you can go to https://tools.google.com/dlpage/gaoptout for more information.

Information Security

We maintain administrative, technical and physical safeguards to protect against unauthorized disclosure, use, alteration or destruction of the personal information you provide on our Site. We use secure socket layer (SSL) technology to help keep the personal information you provide on our Site secure. When we collect or transmit sensitive information such as a credit card number, we use at least industry standard methods to protect that information. We also request that our third-party service providers use commercially reasonable security measures to protect your information from unauthorized access or use. However, no method of electronically transmitting or storing data is ever completely secure, and therefore, we cannot guarantee that your information will never be accessed, used, or disclosed in a manner that is inconsistent with this Privacy Policy.

Linked Site

Our Site and communications may contain links to other third-party websites (“Linked Site”). We are not responsible for the privacy practices, policies, or content of any Linked Site, even if you link to them from our Site or communications. This Privacy Policy does not apply to any Linked Site. We have no control over the collection or use of information, including Personal Information, on any Linked Site. We encourage you to read and understand the privacy policies of any Linked Site that you visit.

Changes to the Privacy Policy

This Privacy Statement may be updated periodically and without prior notice to you. Your continued use of our Site and/or provision of your information following any such changes constitute your unconditional agreement to be bound by this Privacy Policy. You are responsible for reviewing this Privacy Policy each time you use or access our Site.

Contact Us

If you have any questions about this Privacy Policy or our use of your Personal Information, please contact us by e-mail at [email protected].