Last modified: AUGUST 16, 2022
ARCOS LLC (“ARCOS”, “Company,” “we,” “us,” or “our”) respects your privacy and is committed to protecting it through our compliance with this privacy notice. This privacy notice describes how and why we collect, store, use, and/or share (“process”) your information when you use our services in which this privacy notice is directly linked (“Services”), such as when you:
- Visit our website at https://www.arcos-inc.com, or any website of ours that links to this privacy notice; or
- Download and use certain of our mobile applications such as ARCOS Mobile Plus, or any other application of ours that links to this privacy notice.
This privacy notice applies only to the personal information that we collect while enabling or providing the Services in which this privacy notice is directly linked. This privacy notice does not apply to any other services, data or information collected by us online or offline. Other services offered by ARCOS may have their own applicable privacy notice.
Special Note Regarding ARCOS’s Role as a Service Provider
IF YOU ARE AN EMPLOYEE, PROSPECTIVE EMPLOYEE, CONTRACTOR, OR OTHER AUTHORIZED PERSON (“AUTHORIZED USER”) OF A COMPANY OR ORGANIZATION THAT SUBSCRIBES TO OR LICENSES THE ARCOS SERVICES (AN ARCOS “CUSTOMER”), THEN THE PRIVACY NOTICE AND OTHER POLICIES AND PROCEDURES OF THE CUSTOMER GOVERNS AND CONTROLS THE COLLECTION, USE, PROCESSING AND RETENTION OF YOUR PERSONAL INFORMATION.
UNDER APPLICABLE PRIVACY LAWS, WE ARE A “SERVICE PROVIDER” (ALSO KNOWN AS A “DATA PROCESSOR” IN SOME JURISDICTIONS).
ARCOS’S CUSTOMER REMAINS THE “BUSINESS” (ALSO KNOWN AS THE “DATA CONTROLLER” IN SOME JURISDICTIONS) THAT COLLECTS YOUR PERSONAL INFORMATION, OR ON THE BEHALF OF WHICH SUCH INFORMATION IS COLLECTED, INCLUDING THROUGH THE USE OF ARCOS SERVICES.
THE CUSTOMER DETERMINES THE PURPOSES AND MEANS OF THE PROCESSING OF YOUR PERSONAL INFORMATION.
INDIVIDUAL AUTHORIZED USERS OF OUR CUSTOMERS WHO SEEK ACCESS TO THEIR PERSONAL INFORMATION, OR WHO SEEK TO CORRECT, AMEND, OR DELETE INACCURATE PERSONAL INFORMATION SHOULD DIRECT THEIR REQUESTS TO THE ADMINISTRATOR AT THE ARCOS CUSTOMER WHO AUTHORIZED THEIR USE.
ARCOS CUSTOMERS CAN DIRECT ARCOS TO TAKE ACTIONS WITH RESPECT TO THE PERSONAL INFORMATION OF AUTHORIZED USERS AND, IN SOME CASES, CUSTOMERS AND AUTHORIZED USERS MAY BE EMPOWERED TO TAKE SUCH ACTIONS DIRECTLY USING THE FUNCTIONALITY OF THE SERVICES.
Please read this privacy notice carefully to understand ARCOS’s policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with, or use these Services. By downloading, registering with, or using these Services, you agree to this privacy notice. This privacy notice may change from time to time. Your continued use of these Services after we revise this privacy notice means you accept those changes, so please check the privacy notice periodically for updates.
Children Under the Age of 18
The Services are not intended for children under 18 years of age, and ARCOS does not knowingly collect personal information from children under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us using any of the methods provided at the bottom of this notice.
Information We Collect and How We Collect It
We collect information from and about users of our Services in the following ways:
- Our Customers provide us information with respect to their Authorized Users in order to set up accounts and to enable access to and use of the Services;
- We receive information directly from you when you provide it to us; and,
- Our systems receive some information automatically.
Information Provided by Our Customers
When our Customers contract with ARCOS to make Services available to their Authorized Users, the Customer may provide ARCOS personal information necessary for ARCOS to enable and provide the Services, which may include:
- Phone numbers;
- Email addresses;
- Physical mailing addresses; and,
- Job titles.
Information You Provide to Us
When you download, register with, or use these Services, we may ask you to provide information, which may include some of the above types of information, and which may also include your:
- Password; and,
- Contact preferences.
Likewise, we may collect other information you provide under certain circumstances such as:
- Records of your communications with us, including your email address, phone number, and the content of your communications to us; and,
- Your responses to surveys that we might ask you to complete for research or marketing purposes.
You may also provide information for publication or display (“Posted“) on public areas of the Services (collectively, “User Contributions“). For example, some of our Services, including our mobile applications, may include functionality for users to share their information with other users, including the Authorized Users of one or multiple different Customers, where the Customers have agreed to share this information. In such cases, your User Contributions and those of other Authorized Users enable functionality such as coordinating available resources, scheduling, and communications.
Your User Contributions are Posted and transmitted to others at your own risk. Additionally, we cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Automatic Information Collection
When you download, access, and use the Services, ARCOS may use technology to automatically collect:
- Usage Details. When you access and use the Services, ARCOS may automatically collect certain details of your access to and use of the Services, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Services.
- Device Information. ARCOS may collect information about your mobile device and internet connection, including the device information (such as your mobile device ID, model, and manufacturer), operating system, version information and system configuration information, device and application identification numbers, browser type and version, hardware model, Internet service provider and/or mobile carrier, and Internet Protocol (IP) address (or proxy server). If you are using ARCOS’s application(s), we may also collect information about the phone network associated with your mobile device, your mobile device’s operating system or platform, the type of mobile device you use, your mobile device’s unique device ID, and information about the features of our application(s) you accessed.
- Push Notifications. ARCOS may request to send you push notifications regarding your account or certain features of the application(s). If you wish to opt out from receiving these types of communications, you may turn them off in your device’s settings; however, doing so may limit our ability to provide you the Services.
- Location Information. ARCOS may request access or permission to track location-based information from your mobile device, either continuously or while you are using our mobile application(s), to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device’s settings; however, doing so may limit our ability to provide you the Services.
If you do not want us to collect this information do not download the Services or delete it from your device. For more information, see Choices About How We Use and Disclose Your Information, below.
Information Collection Technologies
The technology ARCOS uses for automatic information collection may include:
- Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting, you may be unable to access certain parts of our Services.
- Web Beacons. Screens of the Services and ARCOS emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit ARCOS, for example, to count users who have visited certain screens or opened an email and for other related statistics (for example, recording the popularity of certain content and verifying system and server integrity).
Sensitive Personal Information.
ARCOS does not collect or process most types of sensitive personal information such as the following:
- social security, driver’s license, state identification card, passport number;
- financial information such as financial accounts, debit cards, or credit card number in combination with any required security or access code, password, or credentials allowing access to such accounts;
- racial or ethnic origin, religious or philosophical beliefs, or union membership;
- the contents of your mail, email, and text messages unless ARCOS or its Customer is the intended recipient of the communication;
- genetic data; or
- information concerning your health, sex life, or sexual orientation.
Depending on how you use the Services, ARCOS may collect and process the following information in order to provide the Services:
- your geolocation information as necessary for certain functionality of the Services;
- your gender, including for purposes of scheduling hotel accommodations; and,
- biometric information such as your fingerprint or facial recognition for the purpose of security verification.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information, to:
- Provide you with the Services and its contents, and any other information, products or services that you request from us.
- Fulfill any other purpose for which you provide it.
- Give you notices about your account, including expiration and renewal notices.
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- Notify you when Services updates are available, and of changes to any products or services we offer or provide through it.
The usage information we collect helps us to improve our Services and to deliver a better and more personalized experience by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Services according to your individual interests.
- Improve the functionality or performance of the Services.
- Recognize you when you use the Services.
As noted above, we also use location information to provide essential functionality, which may include callout and scheduling, crew management, and other functionality in which the location of available resources is needed.
Disclosure of Your Information
We may disclose de-identified, aggregated information about our users, and information that does not identify and is not linked to or reasonably capable of being linked to any individual or device.
In addition, we may disclose personal information that we collect or that you provide:
- To the Customer who authorized your use.
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor (including potential buyers or successors during due diligence prior to the completion of a business transaction) in the event of a sale of our Company or a product or service line of the Company, or in the event of merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Services users is among the assets transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce our rights arising from any contracts entered into between you and us, and for billing and collection, as applicable.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our Customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
How Long Do We Keep Your Information?
We retain personal information of Authorized Users of our Customers pursuant to the Customer’s directions, including as set forth in our agreement with the Customer.
For other users, we will keep your personal information only as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting, or other legal requirements).
When we have no ongoing legitimate business need (including notifying you about our products and services) to process your personal information, we will either delete or anonymize such information; or, if that is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Your Choices About Our Collection, Use, and Disclosure of Your Information
We strive to provide you with choices regarding the personal information that you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of your information.
- Location Information. You can choose whether or not to allow the Services to collect and use real-time information about your device’s location through the device’s privacy settings or browser settings as applicable. If you block the use of location information, some parts of the Services may become inaccessible or not function properly.
- Opting Out of Marketing and Promotional Communications: You can unsubscribe from our marketing and promotional communications at any time by clicking on the unsubscribe link in the emails that we send, or by contacting us using the details provided at the bottom of this notice. You will then be removed from the marketing lists. However, we may still communicate with you — for example, to send you service-related messages that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes.
Accessing and Correcting Your Personal Information
INDIVIDUAL AUTHORIZED USERS OF OUR CUSTOMERS WHO SEEK ACCESS TO THEIR PERSONAL INFORMATION, OR WHO SEEK TO CORRECT, AMEND, OR DELETE INACCURATE PERSONAL INFORMATION SHOULD DIRECT THEIR REQUESTS TO THE ADMINISTRATOR AT THE ARCOS CUSTOMER WHO AUTHORIZED THEIR USE. ARCOS CUSTOMERS CAN DIRECT ARCOS TO TAKE ACTIONS WITH RESPECT TO THE PERSONAL INFORMATION OF AUTHORIZED USERS AND, IN SOME CASES, CUSTOMERS AND AUTHORIZED USERS MAY BE EMPOWERED TO TAKE SUCH ACTIONS DIRECTLY USING THE FUNCTIONALITY OF THE SERVICES.
Other users may contact us using the methods provided at the bottom of this privacy notice.
Controls For Do-Not-Track Features
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
We have implemented appropriate and reasonable technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, any transmission of personal information to and from our Services is at your own risk. You should access the Services only within a secure environment.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Services. The information you share in public areas may be viewed by any user of the Services.
Unfortunately, the transmission of information via the internet and mobile platforms is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted through our Services (transmission of personal information is at your own risk). We are not responsible for circumvention of any privacy settings or security measures we provide.
Your State Privacy Rights
State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. If you are a resident of a state that has an applicable privacy law, then the disclosures below may apply to you depending on your relationship with respect to the Services. In other cases, the disclosures of this notice are informational only and may not apply to you and/or may be subject to the privacy notices, policies, and procedures of another party. Please see the Special Note Regarding ARCOS’s Role as a Service Provider above.
California Shine the Light User Rights
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and to obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year.
If you are an Authorized User of an ARCOS Customer, and would like to make such a request, please contact the ARCOS Customer who authorized your use of ARCOS products and services. For all other users who are California residents, please contact ARCOS using the contact information provided below and include the email address associated with your account and a statement that you reside in California.
California Consumer Privacy Act (CCPA) Privacy Notice
The California Consumer Privacy Act (CCPA) is a law that protects persons who the law defines as “consumers.” A consumer is a natural person who is a California resident, as defined under California law, and includes:
(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose.
All other individuals are defined as “non-residents” and are not “consumers” under the CCPA.
As noted above, however, in many cases, ARCOS’s role is to provide services to a business or other organization (ARCOS’s “Customers”) by enabling the Customer’s employees, contractors, and other authorized persons (“Authorized Users”) to use ARCOS-provided online software and mobile applications. This includes mobile applications such as ARCOS Mobile Plus. In these situations, ARCOS is a “service provider” per the definition in the California Consumer Privacy Act (CCPA). This means that ARCOS processes information on behalf of its Customers and such Customers disclose (or ARCOS collects on behalf of the Customers) personal information of the Authorized Users for a business purpose pursuant to a written contract. The contract ARCOS has with its Customers prohibits ARCOS from retaining, using, or disclosing the personal information for any purpose other than for the specific purpose of performing the services specified in the contract for the business, or as otherwise permitted by law, including retaining, using, or disclosing the personal information for a commercial purpose other than providing the services specified in the contract with the business.
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
|A. Identifiers||Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name||Yes|
|B. Personal information categories listed in the California Customer Records statute||Name, contact information, education, employment, employment history, and financial information||Yes|
|C. Protected classification characteristics under California or federal law||Gender and date of birth||Yes|
|D. Commercial information||Transaction information, purchase history, financial details, and payment information||No|
|E. Biometric information||Fingerprints and voiceprints||Yes|
|F. Internet or other similar network activity||Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements||Yes|
|G. Geolocation data Device||Device location||Yes|
|H. Audio, electronic, visual, thermal, olfactory, or similar information||Images and audio, video or call recordings created in connection with our business activities||Yes|
|I. Professional or employment-related information||Business contact details in order to provide you our services at a business level or job title, work history, and professional qualifications if you apply for a job with us||Yes|
|J. Education Information||Student records and directory information||No|
|K. Inferences drawn from other personal information||Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics||No|
We may also collect other personal information outside of these categories in instances where you interact with us in person, online, or by phone or mail in the context of:
- Receiving help through our customer support channels;
- Participation in customer surveys or contests; and,
- Facilitation in the delivery of our Services and to respond to your inquiries.
How do we use and share your personal information?
More information about our data collection and use practices can be found in this privacy notice.
Will your information be shared with anyone else?
If you are an Authorized User of an ARCOS Customer, then we may share any of the information we collect with the Customer pursuant to a written contract between us and the Customer.
We may also disclose your personal information with our service providers pursuant to a written contract between us and each service provider that processes the information on our behalf. Without limitation, this may include service providers who assist ARCOS in understanding how its Services are used, including the number of page or screen views or clicks.
We may also disclose your personal information to provide the Services that you or a Customer requests, such as:
- Providing personal information such as name and contact information and gender to hotels to facilitate your or a Customer’s request to arrange accommodations for you;
- Enabling your or a Customer’s sharing of your personal identifiers, contact information, employer, job title, and geolocation information with other Authorized Users or Customers to facilitate the delivery of Services, including allowing Authorized Users and Customers to coordinate and communicate work schedules; and,
- Any of the other Services and functionality described in this Notice or for which you are notified.
ARCOS LLC has not sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. ARCOS LLC will not sell personal information in the future. We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be “selling” of your personal information.
Your rights with respect to your personal data
Right to request deletion of the data — Request to delete
You can ask for the deletion of your personal information.
If you are an Authorized User of an ARCOS Customer, then you should contact the Customer to request deletion of your personal information.
Other users may ask us to delete their personal information and we will honor such requests, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation, or any processing that may be required to protect against illegal activities.
Right to be informed — Request to know
Depending on the circumstances, you may have a right to know:
- whether we collect and use your personal information;
- the categories of personal information that we collect;
- the purposes for which the collected personal information is used;
- whether we sell your personal information to third parties;
- the categories of personal information that we sold or disclosed for a business purpose;
- the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and,
- the business or commercial purpose for collecting or selling personal information.
- If you are an Authorized User of an ARCOS Customer, then you should contact the Customer to request disclosures related to your personal information.
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights. As noted in this privacy notice, some requests may disable functionality of the Services.
If you are an Authorized User of an ARCOS Customer, then you should contact the Customer to request actions related to your personal information and the Customer’s policies and procedures will determine how your request is verified.
For other users, the following describes our approach to verifying consumer requests:
Upon receiving your request, we will need to verify your identity in order to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided to us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g., phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will use only personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. However, if we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
Other privacy rights
- You may object to the processing of your personal information.
- You may request correction of your personal data if it is incorrect or is no longer relevant, or you may ask to restrict the processing of the information.
- You can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
- You may request to opt out from future selling of your personal information to third parties. Upon receiving an opt-out request, we will act upon the request as soon as feasibly possible, but no later than fifteen (15) days from the date of the request submission to us.
- If you are an Authorized User of an ARCOS Customer, then you should contact the Customer to exercise these rights. Other users may contact use by referring to the contact details at the bottom of this document.
Changes to Our Privacy Notice
We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending a notification to you. We encourage you to review this privacy notice frequently in order to be informed of how we are protecting your information.
If you are an Authorized User of an ARCOS Customer, then you should contact the account administrator at the Customer who authorized your access to the Services.
Other users of ARCOS Services may contact us in the following ways:
To ask questions or to comment about this privacy notice and our privacy practices, contact by: