Privacy Policy

Last updated May 13, 2020

Your Privacy Rights

De Anza San Diego Food and Beverage, Inc., a California corporation ("DSDF&B"), which is the concessionaire from Newport Dunes Resort and Marina, a California general partnership (the "Partnership"), for the operation of the Back Bay Bistro and other food and beverage operations at Newport Dunes Waterfront Resort & Marina in Newport Beach, California ("Newport Dunes"). The Partnership and DSDF&B, use the services of an affiliated management company, Terra Vista Management, Inc., a California corporation (collectively referred to as "Back Bay Bistro" or "we", "us" or "our"). We believe in protecting personal information and privacy. We take pride in the relationships we have been able to build with our customers and guests, and have established the following Privacy Policies for their benefit and protection.

I. Your Privacy Rights

1. California.
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.

2. Nevada.
Pursuant to NRS 603A.345, Nevada residents may submit a verified request not to sell "covered information" (as defined in NRS 603A.320) we have collected or will collect about you by emailing to privacy@backbaybistronb.com, or calling 800-279-1455 to submit your request. Requests are subject to verification as provided in NRS 603A.345. We do not currently engage in the sale of any covered information (as defined in NRS 603A.333 and 603A.320, respectively).

II. Children's Online Privacy Protection Act ("COPPA")

We recognize the utmost importance of the need to protect the personal information of children. For this reason, except as stated below, we do not knowingly collect information from children under 13 years old. If we do collect personal information from a child under 13 years old, we may maintain that information only as long as it is reasonably necessary as required by law, or with express parental consent as set forth below. If we discover we possess information from a child under 13 in a manner inconsistent with COPPA's requirements, or other relevant laws, we will seek to delete the information immediately.

From time to time, we take photos and videos of visitors at Back Bay Bistro or other food and beverage operations at Newport Dunes. If the photos and videos may include children under 13, we do not retain, use or disclose them unless we obtain express, written parental consent. This consent may be revoked as to the website and, as applicable, other social media and online locations such as Facebook, Twitter, Instagram and YouTube (the "Websites", and each a "Website") of Back Bay Bistro (but not offline materials as they are not covered by COPPA) by contacting Back Bay Bistro in writing at the address below and requesting the removal of such information from the Websites.

Any parent/legal guardian can review or have deleted from the Websites his or her child's images and other personal information and refuse to permit its future collection or online use. Please email privacy@backbaybistronb.com, or call 800-279-1455 to request a deletion from the Websites of your child's image and other personal information and/or to refuse to permit any future collection or online use.

Should an individual have any inquiries or concerns about information concerning children under the age of 13 years or about our privacy practices in general, the operator collecting and/or maintaining personal information through the Websites and who will handle all inquiries from parents/legal guardians and other interested individuals may be contacted as follows:

De Anza San Diego Food and Beverage, Inc.
c/o Terra Vista Management, Inc. 
Attn: Marketing Director
1131 Back Bay Drive 
Newport Beach, CA 92660
Telephone: 800-279-1455
Email: privacy@backbaybistronb.com

III. Collection and Use of Information

1. Information We Collect.

• Information that is provided when a reservation is made, information is requested or a product or service is purchased from us, including names, addresses, telephone numbers, email addresses, and payment information.

• Photos, videos and other digital media taken by us of visitors visiting at Back Bay Bistro or other food and beverage operations at Newport Dunes. Each customer and guest of Back Bay Bistro or any of the food and beverage operations at Newport Dunes by entering and using the facilities or visiting the Websites grants to Back Bay Bistro a license to use such materials. This license may be revoked by contacting Back Bay Bistro in writing at the address above and requesting the removal of such information from the Websites and other promotional materials.

• Usage, viewing, and technical data, including IP addresses or device identifier, when visiting our sites, or opening emails from us. While we may temporarily collect this information while you are using the Websites to facilitate usage, we do not log or retain it or associate it with other information we collect about you.

2. How We Collect Information. 
Information is collected when entered by users on the Websites, when making a reservation in person, online, by phone, or by fax, when creating an account, when responding to customer surveys, and when customers and guests of Back Bay Bistro or other food and beverage operations at Newport Dunes register at the front desk, fill out forms or otherwise share information. We also collect digital images by taking photos and videos of customers and guests and activities at Back Bay Bistro or other food and beverage operations at Newport Dunes. Back Bay Bistro and/or Back Bay Bistro customers and guests and online users of the Websites may also collect and post digital images related to Back Bay Bistro and its customers and guests on third party social media websites.

3. Cookies Etc.
Information may also be automatically collected through technology such as cookies, log files, web beacons, and other technologies when you visit our sites or interact with our emails. A cookie is a small data file which our site leaves on your web browser, in order for the site to remember you and your personal preferences when you return to the site. Users of our site may adjust their browser settings to limit certain tracking features or to decline cookies; but by doing so, they may not be able to use certain features on our site or take full advantage of our offerings. Customers can still utilize most of the features of the Websites without using cookies, including making a reservation or purchase, but we will not be able to recognize the customer as a returning user.

4. How We Use Customer Information.
Back Bay Bistro or its agents may access customer information, unless prohibited under applicable law, for the following purposes:
• To process customer reservations and participation in activities and events, and provide the customer with products and services;
• To analyze, optimize, and improve the online experience, products, services and facilities;
• To communicate with customers regarding a reservation, account, transaction, and information requests relating to Back Bay Bistro or other food and beverage operations at Newport Dunes;
• To post online or in other promotional materials the names, photos, videos, and other digital media of our customers and guests taken while at Back Bay Bistro or other food and beverage operations at Newport Dunes;
• To provide information regarding features on our sites or changes to our policies;
• According to choices and controls that may be selected: To send users emails, offers, and promotions for our products and services; and 
• To personalize content and experiences on the Websites.

5. Sharing Information with Affiliates and Other Companies. DSDF&B utilizes the management services of an affiliate, Terra Vista Management, Inc. ("Terra Vista"), and as part of that relationship Terra Vista and its employees and contractors manage information concerning customers and guests of Back Bay Bistro or other food and beverage operations at Newport Dunes as the agent of Back Bay Bistro. As a concessionaire of the Partnership, DSDF&B may share information with the Partnership and the Partnership may collect information on behalf of DSDF&B. The Partnership utilizes the management services of affiliates, Terra Vista and GK Management Co., Inc. ("GK") and as part of that relationship Terra Vista and GK and their employees and contractors manage information concerning customers and guests of Back Bay Bistro or other food and beverage operations at Newport Dunes as the agent of the Partnership, which in turn may act as the agent of DSDF&B. The Partnership is a general partnership comprised of Newport Dunes Marina, LLC, a California limited liability company and Dunes Resort, LP, a California limited partnership (the "General Partners"). Back Bay Bistro also utilizes other affiliates to provide services to it for customers and guests of Back Bay Bistro or other food and beverage operations at Newport Dunes, which may include receipt of personal information relating to those customers and guests. The Partnership, Terra Vista, GK, and the General Partners and any such other affiliates are all bound by written undertakings to maintain such information in accordance with this Privacy Policy.
We may occasionally hire non-affiliate companies to provide services on our behalf, including but not limited to handling customer support inquiries, processing transactions, database management and digital marketing. Those companies will be permitted to obtain only the personal information they need to perform the service requested. These organizations are all bound by written undertakings to maintain such information in accordance with this Privacy Policy.
If we are involved in a merger, acquisition, sale or transfer of all or a portion of our assets, your personal information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on the Websites) of any change in control or use of your information or if either become subject to a different privacy policy. We will also notify you of choices you may have regarding the information.

6. Third Parties.
Our website may offer social sharing features or other integrated tools, including links to other sites, which let users share actions taken on the website with social media providers such as Instagram, Facebook and Twitter, and vice versa. The use of such features enables the sharing of information with "friends" or the public, depending on the settings the user establishes with the third party that provides the social sharing feature. In addition, our website includes Google Analytics code that allows Google to collect certain data about your use of the website, such as your IP address and which page you are visiting on our website. Google Analytics may set a cookie that enables Google Analytics to track your use of our and other websites. Google Analytics is hosted by Google. These third-party services may collect information about your online activities over time and across different websites or online services when you use our website. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these features.

7. User's Controls and Choices. 
We provide users certain controls and choices regarding our collection, use, and sharing of information. In accordance with relevant law, a user's controls and choices may include:
• Choices for email subscriptions, newsletters, alerts, and similar communications;
• Requests for access to the personal information we hold about the user; and
• Requests for us or third parties to amend or delete personal information.
If you subscribe to our email newsletter, you may unsubscribe, using the link provided in each email. We do not currently maintain any other process by which you may review and request changes to any of your information that is collected through our website.

8. Data Security, Integrity and Retention. 
We are committed to the security, integrity, and confidentiality of our users' information. We have physical, administrative, electronic, and technical security measures which are designed to protect our users' personal information from unauthorized viewing, access, disclosure, use, and modification. We periodically review all security procedures to consider appropriate new measures which become available to us.
Despite all efforts, however, no security measures are perfect or impenetrable. We will retain users' personal information for the length of time needed to fulfill any requests, and will strive to dispose of all personal information in a secure manner when the information is no longer reasonably necessary.

9. Removal of Content. 
If an individual's likeness or other personal information appears in any Back Bay Bistro publication or on the Websites, the customer may ask us to remove it by writing to privacy@backbaybistronb.com. We will begin to process your request within 30 days. Please note that processing a request does not ensure complete or comprehensive removal of content that was posted on Back Bay Bistro social media pages (as those are third party sites and persons over whom Back Bay Bistro has no control can post on those pages).
IV. Changes to this Privacy Policy.
We may change this privacy policy to accommodate new technologies, adjust to new industry practices, or to abide by regulatory requirements. Changes are generally intended to provide greater protections of personal information, or for other purposes. When we materially change this privacy policy, we will provide notice to customers as required by applicable law. A customer's continued use of our product or service, including use of the Websites, after the effective date of the change will constitute acceptance of the change. We may provide such notice by email, by posting the notice on the Websites, or by other means consistent with applicable law.
V. Contact Information

If you have any questions or concerns regarding this privacy policy or the privacy of your personal information, you can request more information or ask questions using the contact information provided below:

De Anza San Diego Food and Beverage, Inc.
c/o Terra Vista Management, Inc.
Attn: Marketing Director
1131 Back Bay Drive
Newport Beach, CA 92660
Telephone: 800-279-1455
Email: privacy@backbaybistronb.com