Privacy and Disclaimer
Privacy and Disclaimer
This website is owned and operated by Guapo’s United Group, Inc. d/b/a Guapo’s. We respect
your privacy and understand that you have a right to know why we collect your personal
information and what we do with it. This Privacy Policy applies to information we collect through
our website (as defined below) as well as information we may collect offline.
This policy describes the type of information we collect from you and/or that you may provide us
when you visit and/or use this website. “You/your/user(s)” means you as a user of our website.
By accessing the website, you acknowledge this Privacy Policy and agree to be bound by the
terms hereof, the Terms of Service, and any other terms or policies we post on the website. If
there is anything you do not understand, please email any inquiry to
guaposguestrelations@guaposrestaurant.com If at any time you do not agree to this Privacy
Policy, please do not use the website or provide us with any personal information.
We reserve the right to change or update this Privacy Policy by posting such changes or
updates to the website or emailing you notice of the changes. Amendments to this Privacy
Policy will be posted at this URL and will be effective when posted. You can tell if this Privacy
Policy has changed by checking the last modified date that appears at the end of this Privacy
Policy. Your continued use of the website following the posting of any amendment, modification
or change shall constitute your acceptance thereof.
YOUR SECURITY
We strive to keep your Personal Information private and safe. We take commercially reasonable
physical, electronic and administrative steps to maintain the security of Personal Information
collected, including limiting the number of people who have physical access to database
servers, as well as employing electronic security systems and password protections that guard
against unauthorized access.
Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be
guaranteed to be 100% secure. While we will use reasonable means to ensure the security of
information you transmit through the website, any transmission of Personal Information is at
your own risk. We cannot guarantee that such information will not be intercepted by third
parties, and we will not be liable for any breach of the security of your Personal Information
resulting from causes or events that are beyond our control, including, without limitation, your
own act or omission, corruption of storage media, defects in third-party data security products or
services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or
terrorism, and we are not responsible for unauthorized circumvention of any privacy settings or
security measures contained on the website.
INFORMATION WE COLLECT
We collect various information that identifies you as a person (“Personal Information”) in two
ways. First, we collect Personal Information that you provide to us. Second, we collect certain
Automated Information that may contain Personal Information when you use our website.
Personal Information You Provide to Us or Our Service Providers
We collect Personal Information about you that you provide to us directly or that you provide to
one of our reservation service providers such as OpenTable. This Personal Information
generally consists of:
contact details including name, email, telephone number, and street address
personal details including gender, date of birth, and marital status
payment or credit card information
We collect Personal Information directly from you when you provide it to us or when you provide
it to one of our reservation service providers. This typically occurs when you:
Sign up for our email list
Send us an email or other communication
Participate in our promotions, surveys, and/or contests
Make a reservation with us
Make a purchase of a product or gift card through our website
Automated Information
We also collect information, some of which may be Personal Information, through automated
means when you visit our website (“Automated Information”) such as:
the IP address of the device you use to connect to the internet (which may include
information about your geographic location)
the unique identifiers of your device
your browser characteristics
your device characteristics
your operating system
your language preferences
the URLs through which you were referred to our website
information on actions taken by you on our website
dates and times of your visits to our website
the pages you accessed on our website
We may collect information, which may include certain Personal Information data such as your
IP address, from your browser when you use our website. We use a variety of methods, such as
cookies and pixel tags to collect this information, which may include your (a) IP address; (b)
unique cookie identifier, cookie information and information on whether your device has
software to access certain features; (c) unique device identifier and device type; (d) domain,
browser type and language; (e) operating system and system settings; (f) country and time
zone; (g) previously visited websites; (h) information about your interaction with our website
such as click behavior; and (i) access times and referring URLs.
Most web browsers automatically accept cookies. If you do not wish to have cookies on your
system, you can set your browser to refuse them. Please review the specific instructions from
your browser in order to do this. However, please note that not accepting cookies may make
certain features of our website unavailable or difficult to view or use.
In some of our email messages we may use a “click-through URL” linked to content on our
website. When you click one of these URLs, you will pass through our web server before
arriving at the destination web page. We track this click-through data to help us determine
interest in particular topics and measure the effectiveness of our website. If you prefer not to be
tracked through our emails, simply avoid clicking text or graphic links in the email.
Third parties may also collect information via our website through cookies, third party plug-ins
and widgets in order to deliver our targeted advertisements to you across the Internet.
Our web server may collect clickstream information such as the address (or URL) of the website
that you came from before visiting the website, which pages you visit on the website, which
browser you used to view the website, and any search terms you may have entered on our site,
among other things. The website may also use other technologies to track which pages our
visitors view.
HOW WE USE THE INFORMATION WE COLLECT
Most commonly we will use your Personal Information in the following circumstances:
Where you have asked us to do so, or consented to us doing so;
Where we need to do so in order to perform a contract we have entered into with you;
Where it is necessary for our legitimate interests (or those of a third party) and your
fundamental rights do not override those interests; and
Where we need to comply with a legal or regulatory obligation.
SHARING PERSONAL INFORMATION WITH THIRD PARTIES
We are committed to maintaining your trust and we want you to understand when and with
whom we may share Personal Information and information collected about you. We do not
share your Personal Information with any third parties except as set forth herein.
We may disclose your Personal Information to outside individuals and/or companies that help us
bring you the products and services we offer and to create, operate, and maintain our website.
For example, we may work with third parties to: (a) manage a database of customer information;
(b) assist us in distributing e-mails; (c) assist us with direct marketing and data collection; (d)
provide data storage and analysis; (e) provide fraud prevention; (f) provide customer service; (g)
provide reservation services; and (h) provide other services designed to assist us in developing
and running our website and maximizing our business potential. We require that these outside
companies agree to keep all information shared with them confidential and to use the
information only to perform their obligations to us.
If we seek investors or go through a business transition, including but not limited to, a merger,
acquisition by another company, or a sale of all or a portion of our assets, your Personal
Information may be shared as part of the negotiation of the transaction and will likely be among
the assets transferred in the event of a sale or partial sale of our assets.
We may disclose your Personal Information when legally required to do so, to cooperate with
law enforcement investigations or other legal proceedings, to protect against misuse or
unauthorized use of the Website, to limit our legal liability and protect our rights or to protect the
rights, property or safety of Users of the website or the public.
TARGETED ADVERTISING AND REMARKETING
You may see advertisements for our products/services on other websites and mobile
applications because we work with third party advertisers to engage in remarketing and
retargeting activities. Through our relationships with these advertisers, we can target messaging
to our users by interest-based, demographic, contextual, and other means. These third party
advertisers track your online activities over time and across websites and mobile applications by
collecting information through automated means, including through the use of third-party
cookies, web server logs, and web beacons. They use this information to show you
advertisements that may be tailored to your individual interests. The information our advertising
partners may collect includes data about your visits to websites and mobile applications that
participate in the relevant advertising networks, such as the pages or advertisements you view
and the actions you take on the websites or apps. This data collection takes place both on our
website and on third-party websites and mobile applications that participate in the advertising
networks. This process also helps us track the effectiveness of our marketing efforts. Some
third-party advertising companies may be advertising networks that are members of the Network
Advertising Initiative, which offer a single location to opt out of ad targeting from member
companies (www.networkadvertising.org).
OTHER WEBSITES
Our website may contain links or references to websites operated by third parties, or you may
have come to our website using a link found in another website. This does not mean that we
endorse these websites or the goods or services they provide. We do not make any
representations or warranties about any website that may be linked to the Site. Such other
websites are independent from us, and we have no control over, or responsibility for, their
information, products or activities. Our privacy practices may differ from those of these other
websites. If you provide Personal Information at one of these third party websites, you are
subject to the privacy policy of the operator of that website, not our Privacy Policy. Please make
sure you understand the other website’s privacy policy before providing such website with any
Personal Information.
If you use a third-party website or application (e.g. Facebook, Google +, Twitter) to access our
website or your account on our website, your activities on such third-party sites or apps are
governed by the privacy practices of those sites or apps. The privacy policies of other sites and
apps may differ significantly from ours, and we have no control over the operation of those sites
or apps or the manner in which the collect, store, or process data.
YOUR CHOICES ABOUT HOW WE USE YOUR INFORMATION AND OPTING OUT
There are ways by which you can control how your Personal Information is used.
Tracking
You can set your browser to refuse some or all cookies or to alert you when cookies are being
sent. Please visit your specific browser’s instructions for doing this. The “Help” function on most
browsers contains information on how you can set your browser to notify you before accepting
cookies, or you can disable them entirely. If you opt out of cookies, you will not be able to take
advantage of various features of the website that are available to other users. For example, we
may use cookies to recognize you by name when you return to this site so you don’t have to
login again and provide your password each time. If you use more than one browser, you will
need to change each browser’s settings in order to refuse cookies.
Promotional Offers
If you do not wish to receive our email promotional offers, you may opt-out by checking the
relevant box when we collect your information, logging into your account to update your
preferences, or clicking on the “unsubscribe” link found in emails we send to you. Please allow
up to ten (10) business days for changes to your email preferences to take effect. During that
time, you may continue to receive email communications from us that were already in process.
Opting out of receiving our communications will not affect your receipt of service-related
communications, such as payment confirmations and delivery status updates, if we have a data
breach, or other such communications for which we have a legal obligation to inform you and/or
to prevent fraud or harm to our website, our business, and/or third parties.
Advertising
If you do not want us to use information that we collect for us to deliver advertisements to you,
you can opt-out of receiving such advertising.
You may opt out of Internet-based and mobile advertising on your mobile device by visiting
TRUSTe’s Ad Preference Manager, currently available at TRUSTe Ad Preference Manager, the
Digital Advertising Alliance’s consumer choice page, currently available at Digital Advertising
Alliance Consumer Choice Page, or the Network Advertising Initiative (NAI) opt-out tool,
currently available at Network Advertising Initiative Opt-out Tool.
When using the ad industry opt out tools described above, note that: (a) if you opt-out we may
still collect some data about your online activity for operational purposes (such as fraud
prevention), but it will not be used by us for the purpose of targeting ads to you; (b) if you use
multiple browsers or devices you may need to execute this opt out on each browser or device;
and (c) other ad companies’ opt-outs may function differently than our opt-out, and we have no
control over the practices of any third-parties. We do not make any representations or
warranties about such opt-out services. Such services are independent from us, and we have
no control over, or responsibility for their performance.
Analytics
Our products and services use Google Analytics and its associated tracking technologies to
help display the ads you see on other sites and to help us manage and optimize our online
advertising efforts. To opt out of Google Analytics Advertising Features, visit Google Analytics
Advertising Features Opt-out Guide or you may access the Google Analytics Opt-out Browser
Add-on, currently located at Google Analytics Opt-out Tool.
In addition, we use OpenTable analytics (OpenTable Business Intelligence Suite
Announcement; OpenTable Privacy Policy).
DISCLOSURE FOR LEGAL PURPOSES
You hereby authorize us to disclose any of your Personal Information pursuant to judicial and
administrative proceedings and to law enforcement or government agencies if we are legally
required to do so. You also authorize us to disclose Personal Information if we believe the
disclosure is necessary or appropriate in the event of an investigation of improper or illegal
conduct in connection with the website, such as fraud, misrepresentation, intellectual property
infringement, or other activity that may put us at risk for liability.
DISPUTES
This Privacy Policy will be interpreted in accordance with the laws of the Commonwealth of
Virginia and the United States of America, without regard to its conflict-of-law provisions. By
visiting the website, you agree that, except as otherwise specified herein, the laws of the
Commonwealth of Virginia without regard to principles of conflict of laws, will govern any dispute
of any sort that might arise between us or any of our affiliates regarding your visit and use of the
website.
We and you agree that in the event of any dispute, the party wishing to address the dispute
must contact the other party in writing, including by e-mail, and advise the other party of the
dispute in reasonable detail as well as informing the other party of the remedy being sought. We
may send you notices via the email address or physical address you provide to us, and all
notices to us shall be sent to the following email
address: guaposguestrelations@guaposrestaurant.com and include the words “DISPUTE
NOTICE” in the subject. The parties shall then make a good faith effort to resolve the dispute
before resorting to more formal means of resolution. In the event that the dispute is not resolved
through this procedure, the party raising the dispute may proceed to mandatory arbitration as
set forth below.
Arbitration
ANY AND ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING
ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to
assert or defend your rights under this Privacy Policy, except for matters that may be taken to
small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury.
You agree that any dispute arising out of or relating to this Privacy Policy, including with respect
to the interpretation of any provision of this Privacy Policy or other agreements between you and
us, or concerning the performance or obligations of you and us, shall be resolved by mandatory
and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules
at the request of either us or you pursuant to the following conditions:
Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or
written submission, an in-person arbitration hearing will conducted at a JAMS facility in
your area or at a JAMS facility in Northern Virginia.
Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules &
Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the
amount of the claim as specified herein.
Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator
under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding
$5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration
Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow
reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to
the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no
power or authority to amend or disregard any provision of this section or any other
provision of these Terms of Service, except as necessary to comply with JAMS’ Policy
on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of
Procedural Fairness. The arbitration hearing shall be commenced promptly and
conducted expeditiously. If more than one day is necessary, the arbitration hearing shall
be conducted on consecutive days unless otherwise agreed in writing by the parties.
Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award,
prepare and distribute to the parties written findings of fact and conclusions of law
relevant to such judgment and award and containing an opinion setting forth the reasons
for the giving or denial of any award. The award of the arbitrator(s) shall be final and
binding on the parties, and judgment thereon may be entered in a court of competent
jurisdiction.
Costs and Fees. You will be subject to a filing fee, set by JAMS, to initiate the arbitration.
To the extent permitted by JAMS procedures, each party shall bear its own costs and
expenses and an equal share of the arbitrators’ and administrative fees of arbitration,
and we will remain responsible for its share of costs, expenses and fees plus any costs,
expenses and fees required under JAMS procedures.
Litigation. The Federal Arbitration Act and federal arbitration law apply to these Terms.
Either party also may, without waiving any remedy under these Terms, seek from any
court having jurisdiction any interim or provisional relief that is necessary to protect the
rights or property of that party, pending the establishment of the arbitral tribunal (or
pending the arbitral tribunal’s determination of the merits of the controversy).
Class-Action Waiver
Any arbitration, claim or other proceedings by or between you and us shall be conducted on an
individual basis and not in any class action, mass action, or on a consolidated or representative
basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to
combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that
this agreement specifically prohibits you from commencing arbitration proceedings as a
representative of others. If for any reason a claim proceeds in court rather than in arbitration,
each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is
unenforceable, unconscionable, void, or voidable may be determined only by a court of
competent jurisdiction and not by an arbitrator.
CHILDREN
We do not knowingly permit persons under 18 years of age to use the website, and we do not
knowingly collect, use or disclose Personal Information from anyone under 18 years of age. If
we determine upon collection of Personal Information that a user is under this age, we will not
use or maintain his/her Personal Information without the parent/guardian’s consent. If we
become aware that we have unknowingly collected Personal Information from a child under the
age of 18, we will make reasonable efforts to delete such information from our records.
CONFIDENTIAL INFORMATION
We do not want you to send to us any confidential or proprietary information through email or
otherwise. Any information, materials, suggestions, ideas or comments sent to us will be
considered non-confidential, and by submitting the same to us, you are giving us the absolute
right to use, modify, reproduce, transmit, display and distribute the information for any purpose
whatsoever, with no payment or other compensation to you. However, we will not use your
name unless we are required by law to identify the source of the materials, information,
suggestions, ideas or comments, or unless we first obtain your permission.
ASSIGNMENT
We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder to any
successor.
CONTACT
If you have any questions about your privacy or security at the website, or wish to update your
Personal Information, please send an email to guaposguestrelations@guaposrestaurant.com
DATE LAST MODIFIED: January 27 th , 2025.