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General Privacy Policy

KATSU-YA GROUP, INC.

EFFECTIVE AS OF JULY 1, 2020

Last Updated: AUGUST 8, 2024

This Privacy Policy (“Privacy Policy”) describes our data processing activities with respect to the Personal Information (defined below) that we collect in connection with your use of or access to the Katsu-Ya Group website, available at https://www.katsu-yagroup.com/ ("Website"), our restaurants, and such other platforms and services that we may operate and make available from time to time which link to this Privacy Policy or otherwise incorporate this Privacy Policy by reference, including our merchandise shop at merchandise.katsu-yagroup.com (collectively, the “Services”). . For purposes of this Privacy Policy, "you" and "your" means you as the user of the Services, whether you are a customer, website visitor, or another individual whose information we have collected pursuant to this Privacy Policy.  This Privacy Policy, together with our Terms of Use (into which it is incorporated by reference), set forth the conditions under which you may access and use the website. By accessing and using our Website, you agree to be bound by our Privacy Policy and Terms of Use then in effect and by all applicable laws. If you do not agree with any of the Terms of Use or our Privacy Policy, you should not access or use our Website for any purpose.

If you are a California resident, please click here for Privacy Notice for California Residents. In the event of a conflict and if you are a California resident, the terms of our Privacy Notice for California Residents control over the terms herein in the event of any conflict.

If you are a current or prospective job applicant, employee, or contractor of Katsu-ya, please contact us for a copy of Katsu-ya’s policy regarding collecting and processing Personal Information in the context of employment. Our contact information is included at the end of this Privacy Policy.
We reserve the right to terminate or limit your access to our Services for any violation of the Terms of Use or our Privacy Policy, or for any other reason, in our sole discretion.

The terms “Katsu-ya”, “us” or “we” or “our” refers to Katsu-ya Group, Inc., and our affiliated entities. The term “you” refers to the users of our Website.

We respect your privacy and are committed to protecting it. This Privacy Policy describes the types of Personal Information we may collect from you when you visit our Website, purchase our products, or access our Services. It also describes how we use and disclose the information we collect, how we protect your Personal Information from unauthorized use or disclosure, and the choices you have regarding our collection and use of such information.

If you provide us with Personal Information (defined below), either through our Website or via phone, digital device or e-mail, in connection with your use of our Services, we may collect and use that information for one or more of the following purposes: to contact you or to send you additional information to process your purchase, provide service and support, and share product, service and company news and offerings, analyze transactions or purchase histories r to improve our products, services, programs, and other offerings, evaluate your shopping experience, keep a record of our interactions with you, prevent, investigate, or provide notice of fraud, unlawful or criminal activity, or unauthorized access to our Website or data systems or unauthorized use of Personal Information, to meet legal obligations and to enforce our Terms of Use, our CCPA Policy and other agreements.

In general, if you send us e-mail or other correspondence that includes your Personal Information, we will use that information only to respond to your message, to process your requests, to facilitate your use and our administration and operation of the Services, to learn more about and improve the Website and for the purpose for which information was provided, and for no other purposes. By providing solicited or unsolicited Personal Information to us, whether by enrolling in one of our customer programs, by using our Website or other Services, or through other means, you are consenting to our use of your Personal Information, subject to applicable laws, to the terms of this Privacy Policy.

PERSONAL INFORMATION DEFINED

We define the term “Personal Information” to mean any information that we directly associate with, or use to identify, an identifiable individual , as defined by applicable data protection laws. This may include information such as:

  1. Your first and last name;
  2. Your home or other physical address;
  3. Your shipping address if different from above address;
  4. Your Email address;
  5. Your telephone or fax number;
  6. Your credit card information;
  7. Your purchase history with Katsu-ya;
  8. Your personal preferences with respect to our Services;
  9. Any identifier that allows you to be contacted by mail, phone or online; Information that we collect from you automatically and which we maintain in personally identifiable form in combination with an identifier described above; and
  10. Other Personal information you give us by using our Website, via phone or electronic mail, in events, or otherwise (such as, for example, the name of the recipient of a gift card that you purchase from us).

Personal Information does not include “aggregated information,” which is information that we collect about a group or category of persons or services, and is not linked to your Personal Information. It also does not include “de-identified information,” which is information from which we have removed any information that can be used to specifically identify a person. This policy does not restrict or limit our collection, use, or disclosure of aggregated or de-identified information.

WE COLLECT INFORMATION AS FOLLOWS.

Data we collect about you. With regard to each of your visits to our Website we may automatically collect Personal Information about your visits through the use of various technologies, which includes information about your internet service provider, your device’s unique identifier, such as an IP address, browser type, operating system, pages accessed on our sites and online sources, and the date and time of access in order to optimize your user experience and enhance your time spent with us online. We also receive information telling us from which website you came to our Website. Our Website, apps and online services use cookies to distinguish you from other users. This helps us to provide you with a better experience and also allows us to improve our Website and services. For information on the technologies we now use, see the section “Tracking Technologies” below.

Additionally, if you elect to buy products through our Shopify store, we may require that you submit the following Personal Information through the Services:

  • Basic contact details including your name, address, phone number, email.
  • Order information including your name, billing address, shipping address, payment confirmation, email address, phone number.
  • Account information including your username, password, security questions.
  • Shopping information including the items you view, put in your cart or add to your wishlist.
  • Customer support information including the information you choose to include in communications with us, for example, when sending a message through the Services.

In certain cases, you may elect not to provide one or more of the categories of Personal Information listed above; however, doing so may prevent you from using or accessing certain features on Shopify.

Log information. When you use our Services, we may automatically collect and store certain information in server logs. This may include:

  1. details of how you used our service, such as your search queries.
  2. telephone log information like your phone number, calling-party number, forwarding numbers, time and date of calls, duration of calls, SMS routing information and types of calls.
  3. Internet protocol address.
  4. device event information such as crashes, system activity, hardware settings, browser type, browser language, the date and time of your request and referral URL.
  5. cookies that may uniquely identify your browser or your account.

Information Collected by Cookies and Other Tracking Technologies We and/or our service providers may collect and store your Personal Information using cookies, web beacons, Uniform Resource Locators (URL), and similar technologies to manage our websites and email messages and to collect and track information about you and your activities online at our websites over time including, but not limited to, your computer’s IP address and operating system, your browser type, the site from which you linked to our site, the time and date of your visit, how you use and interact with our Website, your preferences, and what products and services you purchase. We may also use device identifiers, web storage, and other technologies to collect information about your interactions with our Website.

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies: These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Analytics/Performance Cookies: These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.

For specific information about the Cookies that we use related to powering our store with Shopify, see https://www.shopify.com/legal/cookies.

You may manage your preferences with regard to cookies by clicking on the “Manage Your Preferences” on the cookie banner displayed at the bottom of the page when you visit the Website. Note, however, that displaying cookies may affect the Services that we are able to provide to you.

You may opt out of the aggregation and analysis of data collected about you on our website by Google Analytics by visiting https://tools.google.com/dlpage/gaoptout and downloading and installing the Google Analytics Opt-out Browser Add-on.

DISCLOSURE OF YOUR PERSONAL INFORMATION
With Your Consent. We may disclose your Personal Information to third parties with your consent or in order to provide the Services you request. You may give your consent in several ways, such as through a written agreement that you sign or acknowledge, an online method, such as a “click through” agreement or registration page; through a mobile application which you install on your mobile device, by enrolling in a text alert program; by placing an order through a third-party platform (such as Shopify); or by providing us with an oral statement, such as by way of a phone call or message.

Third-party Service Providers. We may also disclose your Personal Information to third-party providers who complete your transactions or perform services on our behalf, such as by verifying customer data. For example, our Services use Shopify to provide shopping functionalities to users online. Shopify collects Personal Information such as analytics and performance cookies as well as payment information when you enter it into the Services in connection with a transaction in order to process payments for our products. If you purchase products with a credit card, you consent to the disclosure of your Personal Information to Shopify and the credit card processor to authorize the transaction and to the bank to collect payment or you have consented to us giving your name and address to a third-party delivery company to complete the delivery of your order of products from us. For more information regarding Shopify’s processing of Personal Information, you may visit the Shopify Privacy Policy (https://www.shopify.com/legal/privacy/app-users).

Legal Process. We may be required to disclose Personal Information regarding law enforcement, fraud prevention, regulation, and other legal action or if we reasonably believe it is necessary to do so to protect our customers, the public, or us. If you send us a threat or a message that describes or promotes unlawful activity, we will share it with law enforcement authorities. We may also disclose your Personal Information to third parties regarding claims, disputes or litigation, when required by law or if we determine its disclosure is necessary in an emergency.

Certain Business Transfers. Your Personal Information may be disclosed as part of a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of our assets, and could be transferred to a third party as one of our business assets in such a transaction. It may also be disclosed in the event of our insolvency, bankruptcy or receivership. We will use reasonable efforts to direct any such transferee to use your Personal Information in a manner that is consistent with our Privacy Policy.

Retaining your Personal Information.

All Personal Information that we collect will be processed in accordance with this Privacy Policy and our internal retention guidelines. We retain your Personal Information as needed to provide you products and services. We may retain your Personal Information even after you have closed your account or we have completed our transaction with you where retention is reasonably necessary for our internal administrative purposes, or to comply with our legal obligations, meet regulatory requirements, resolve disputes between us, prevent fraud and abuse, or enforce this Privacy Policy, the Privacy Notice for California Residents and our Terms of Use. We will only retain your Personal Information for as long as is permitted under applicable data protection laws.

Your credit card information and related Personal Information used for payment verification are used only for processing your payments, and will not be used for any other purpose and will not be kept longer than necessary for providing the services, unless you ask us to retain your credit card information for future purchases.

You may request more information about our data retention, deletion, and security processes by contacting us using the information provided at the bottom of this page.

HOW YOUR PERSONAL INFORMATION WILL BE USED

In general, we use Personal Information that we collect from you to process your requests, to facilitate your use and our administration and operation of the Services, to provide you with services you request, and to learn more about and improve the Website and for the purpose for which information was provided. Some of the ways in which we may use the information that we collect include:

  • providing you with the services you request and enable the use of features on the Services;
  • responding to your e-mails, submissions, comments, requests for technical support or assistance, or complaints;
  • developing, customizing, and improving the Services and other resources that we provide (including without limitation diagnosing technical and service problems, administering our Website; managing our communications; analyzing and enhancing our Services; protecting the security of our networks and information systems; and performing accounting, auditing, invoicing and reconciliation activities);
  • identifying and protecting against fraud, prohibited or illegal activities, as well as potential third-party claims and other liabilities; and
  • generally complying with applicable laws, rules, and regulations.

We do not sell, rent or lease any Personal Information you provide to any unrelated third party in the ordinary course of our business, nor do we disclose to them the Personal Information we collect for their own direct marketing purposes, but we may share it with related entities or with unrelated third parties regarding our own marketing activities, your credit card processing, or the maintenance and operation of our Website, or as may be legally required. For the avoidance of doubt, we do not use Shopify’s ad services such as Shopify Audiences to help personalize the advertising you see on third party websites. For more information about how Shopify processes your Personal Information, visit https://privacy.shopify.com/en. Please do not send confidential or sensitive Personal Information, to us through this Website.

OUR SECURITY PRECAUTIONS

We make reasonable efforts to protect personally identifiable information that you submit over our Website from loss, misuse, unauthorized access, disclosure, alteration, and destruction. However, due to the inherent nature of the Internet as an open global communications vehicle, the firm does not warrant or represent that its level of security meets or exceeds any particular standard, and no server or internet transmission is ever 100% secure or error free. You should take this into account when submitting personal or confidential data on any websites, including ours. Similarly, any information that you send us through our Website is not confidential or privileged. It is your responsibility to protect the security of your information.

We do not guarantee that our security precautions will protect against and we expressly disclaim any liability for any loss, misuse, or alteration of your Personal Information.

Please note that emails, instant messaging, and similar means of communication with us is not encrypted, and we strongly advise you not to communicate any confidential information through these means.

LINKS TO OTHER WEBSITES.

The Website may contain links to other websites, including but not limited to the websites of our service providers and business partners. We do not investigate, monitor, or check such third-party websites for accuracy, appropriateness, or completeness, and we are not responsible for any third-party websites that you may access through the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the third-party websites. If you decide to leave the Website and access or use the third-party websites, you do so at your own risk, and you should be aware this Privacy Policy and these terms will not govern such access or use.

DATA TRANSFERS

We are based in the United States. We transfer, process, and store all Personal Information only in and from the United States.

Do Not Track Disclosures

Some web browsers may transmit “do-not-track” (DNT) signals to our Website. We currently do not change our tracking practices in response to such DNT settings in your web browser.  If you would like to submit a request relating to how we process your Personal Information, please contact us using the information provided at the bottom of the page.

INFORMATION PERTAINING TO CHILDREN

Users of our Website are not directed to, and we do not intend to, or knowingly, collect or solicit Personal Information online from children under the age of 16. We encourage parents or guardians to participate in and monitor their children’s online activity, and to contact us if they become aware that we have processed their child’s Personal Information to have the information removed from our systems. If you are under the age of 13, do not provide us with any Personal Information either directly or by other means.

If we become aware that a person submitting Personal Information to us through any part of our Website is a child, we delete the information as soon as we discover it and do not use it for any purpose.

Since we do not seek to collect any Personal Information about children, and we delete any such information collected inadvertently as soon as we discover that a child has submitted it, we typically retain no information about children that could be reviewed or deleted. If a parent requests review or deletion of information about their child before we have discovered and deleted the information, we will honor that request.

DISCLAIMERS

We make no claims, promises, or guarantees about the absolute accuracy, completeness, or adequacy of the contents of our Website and disclaim all liability for errors and omissions in the contents. No warranty of any kind, implied or expressed, or statutory, including but not limited to freedom from computer virus, is given with respect to the contents of our Website.

We are not liable in any manner for your ability to use or for the contents of any third party linked sites as such sites are not under our control. We are not responsible for and assume no liability for any mistakes, misstatements of law, omissions, falsehood, or any other form of content on those linked sites nor do we endorse your patronage or use of such sites and of the products and services offered therein.

Your use of such linked sites is subject to their terms of use, privacy policies, licensing terms and disclosures, which may be different from those in this Privacy Policy. It is your responsibility to familiarize yourself with any such third-party terms and use their sites in accordance thereof.

CALIFORNIA’S SHINE THE LIGHT LAW

California Civil Code Section 1798.83, known as the “Shine the Light” law, permits our customers who are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any Personal Information with third parties for their direct marketing purposes.

YOUR RESPONSIBILITIES; OPTING OUT OF COMMUNICATIONS

If you sign up for more information about our services, we may send email messages, direct mail offers, or other communications to the addresses that you have provided regarding our products or services. At any time, you may elect to discontinue receiving commercial e-mail messages from us by clicking the “unsubscribe” link at the bottom of any marketing e-mail or by submitting an opt-out request when applicable (see the “How to Contact Us” section below). We will endeavor to process your opt-out request in a commercially reasonable time.

Please note that even if you opt out of receiving e-mails from Katsu-ya, you may still receive relationship e-mails from us, including responses to e-mails that you sent to us prior to opting out, notices of updates or changes to our policies and procedures, or other messages relating to your use of the Services.

CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS OUR LIABILITY TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

You agree that (i) no legal action arising out of this Privacy Policy, the Terms of Service, or your use of our Website, whether a consumer dispute or a business dispute, shall be certified as a class action or proceed as a class action, as a private attorney-general, or on a consolidated basis involving claims brought in a purported representative capacity on behalf of the general public, other customers or potential customers or persons similarly situated, (ii) only your individual claim shall be litigated and (iii) no legal proceeding shall be consolidated with, or joined in any way with, any other proceeding.

JURY TRIAL WAIVER

We agree that any legal proceeding between us will not be a proceeding involving a jury. We each unconditionally waive any right to trial by jury in any action, proceeding or counterclaim in any way arising out of or relating to this Privacy Policy, the Terms of Service, or your use of our Website.

DISCLAIMERS

WE DO NOT REPRESENT OR PROMISE THAT THE WEBSITE OR ANY CONTENT OR FEATURE THEREOF IS ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

WE DO NOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.

WE DISCLAIM ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES.

YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT.

WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE AND/OR THE CONTENT, SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US.

CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy at any time. When we make changes to this policy, we will post the updated policy on our Website and update its “Last Updated” date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Please review our Privacy Policy from time to time. We have no duty to notify you of any changes.

No waiver, express or implied, by either party of any breach of or default under this policy will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

REGARDING OUR EXEMPTION FROM INTERNATIONAL AND STATE DATA PRIVACY LAWS

As of the “Last Updated” date indicated on this page, Katsu-ya is not subject to the General Data Protection Regulation of the European Union or the United Kingdom, nor to state-level data privacy laws in the United States outside of California (including, without limitation, those effected in Connecticut, Colorado, Iowa, Virginia, and Utah).

HOW TO CONTACT US:

If you have any questions or concerns with respect to the Privacy Policy or about this Website or our Services, you may contact us at privacy@katsu-yagroup.com

Please provide your name when you make the request and title your email inquiry “General Privacy Policy” to allow us to handle your request promptly.

On receiving your request, we may ask for additional information to verify your identity and authorization to process your request. We reserve the right not to process requests from persons that we are unable to verify.