Privacy Policy – Fuku

We are pleased that you have elected to visit this Website (referred to herein as the “Website” or the “Site”), operated by, or on behalf of, MomoIP, LLC on its own behalf and on behalf of its affiliated entities (collectively, “Momofuku”, “us” and “we”).

Momofuku respects privacy rights, and is committed to safeguarding the Personal Information entrusted to us by our clients and visitors to our Website. Momofuku has implemented this Privacy Policy to govern the use of Personal Information that we collect through this Website, including Personal Information you send to us. This Privacy Policy does not govern Personal Information collected from any other source or in any other manner. This Privacy Policy is intended to provide you with information as to:(i) the type of information that is collected, (ii) how the collected information is used and with whom it is shared; (iii) how we intend to protect the information; and (iv) how you can have such information modified and/or removed.

UPDATED: February 7, 2014 This Privacy Policy may be changed from time to time. We will post changes to this Website, and we reserve the right to make changes without prior individual notice. Such changes are effective upon posting. Please review this Privacy Policy often so that you will remain abreast of Momofuku’s current policies, including its policies concerning the gathering and use of information that may be collected on our Website. You are responsible for making sure you are aware of the provisions of Momofuku’s most current Policy. You can tell when the Privacy Policy was last modified by checking the“updated” date.

Overview

I. Your California Privacy Rights

II. Collection and Use of Information:

Personal Information | Financial Information | Other Information | Your Consent | Use of Your Personal Information | Opting In and Opting Out of Electronic Communications | Use of Your Personal Information within Momofuku | Our Service Providers | If Momofuku changes Ownership | Lawful Access, Legal Action, and Investigations | Use of Cookies | Google Analytics

III. Disclosure of Information to Non-Affiliated Third Parties

IV. Retention of Personal Information

V. Your Privacy Choices: Limiting Information Sharing / Accessing your Information

VI. Protection and Security of Information | Your Responsibility for your Username and Password

VII. Links to Other Websites

VIII. Contact us

California Privacy Rights

Under California law, California residents who have provided personally identifiable information to a company may have the right to request a list of all third parties to whom that company had disclosed such information for the third parties’ direct marketing purposes during the preceding calendar year, along with a list of the categories of Personal Information that had been so disclosed. However, Momofuku’s policy, as disclosed on this Website, does not currently permit Momofuku to share the Personal Information collected at this Website about you with non-affiliated third parties for such third parties’ direct marketing purposes. Moreover, even if Momofuku’s policy permitted the disclosure of Personal Information to third parties for such third parties’ direct marketing purposes, because Momofuku provides you with an opportunity to opt out of such disclosure, Momofuku does not have to provide you with such lists. If you are a California resident who would like information on how to exercise your rights concerning third party disclosures, you may send an email to or contact us via postal mail at:

MomoIP LLC
c/o Momo Holdings LLC
60 E 11th St
New York, NY 10003
Attn: California Privacy Rights Administrator
californiaprivacy@momofuku.com

Collection and Use of Personal Information

Personal Information

Personal Information is information that uniquely identifies you, such as your name, address, email address and telephone number.

At times, Momofuku may collect your Personal Information. For example, we collect your Personal Information if you create an account, make a reservation, or send us an email, and provide us with your name, address, telephone number and/or email address. If you are making a reservation, or purchasing goods at our website, you may be asked to provide certain financial information, such as credit card information to our payment processers and reservation system providers (which will be used solely for your reservation and not retained).We may also collect your Personal Information if you post, display and/or publish content on the Website. Additionally, when you enter the password-protected area of this Website, then this Website will recognize who you are and will collect information that you submit. Any information collected about you from this Website may be associated with other information that Momofuku has collected about you.

REMEMBER to exercise discretion and caution when posting Personal Information to this Website – it will not be held confidentially, and it may be publicly viewable. With respect to all communications you make to or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i)you shall have no right to confidentiality in your communications and Momofuku shall have no obligation to protect your communications from disclosure; (ii) Momofuku shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation, in any way now known or hereafter devised; and (iii) Momofuku shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information, without any compensation to you.

Financial Information

Our payment processers, including our reservation system providers, collect and use financial information or payment method to book your reservation, process your payment for any purchases or sales made on the Website, to protect against or identify possible fraudulent transactions, and otherwise as may be reasonably needed to manage our business in connection with your transaction. This financial data is not retained after your transaction has been completed.

Other Information

When you access the Momofuku Website, Momofuku will automatically receive some information about your use of the service. The type of information that is automatically collected by Momofuku includes such things as the date and time of access of the Website, the Internet protocol (IP) address of the computer that you are using, the domain and host from which you access the Internet, your browser software and operating system, the referring website address, and the specific activities you are engaged in while visiting the Website. This aggregate tracking information is used to help Momofuku improve and enhance the website experience for all of its visitors.

Your Consent

We only collect, use and/or disclose your Personal Information with your consent. Your consent may be implied from the circumstances or may be expressly given for a particular purpose. For example, when you submit your Personal Information to us and post to our website, you are consenting to the collection, handling, use and disclosure of your Personal Information for the purposes identified or apparent at the time of collection and as otherwise described in this Privacy Policy.

You must be 18 years of age to use the Website. Momofuku does not knowingly collect or maintain any Personal Information from children under the age of 13, and no part of this website is designed with the purpose of attracting such children.

Use of Your Personal Information

We use your Personal Information for the purposes for which it is submitted, such as to book a reservation at one of our restaurants, to reply to your emails and inquiries, to allow you to participate in promotions, such as contests, and to tell your friends about our website.

Your Personal Information may also be used in the following ways:

– to deliver services to you,

– to give you notice of and/or resolve any problems that may arise in connection with our services,

– to better understand the needs and interests of our customers,

– to analyze the success of our services and Website,

– to manage the Website’s interactive functionality,

– to help Momofuku improve and enhance the Website experience for all of its visitors, and customize the content on our Website,

– for compliance with Momofuku’s legal and regulatory obligations,

– as otherwise reasonably required to provide customer services and maintain the Website, and,

– for any other purpose outlined in this Privacy Policy.

We may also use your Personal Information to contact you via direct postal mail and/or electronically to the extent such activity is permitted by law, regarding your relationship with Momofuku. This information may also be used to help Momofuku and its commercial partners deliver targeted advertisements, promotions and other initiatives to you, and for any other purpose outlined by this Privacy Policy.

Opting in and Opting out of Electronic Communications

At certain points where Personal Information is collected on our site, there may be a box to indicate that you wish to receive certain information or communications from Momofuku. You may opt out of receiving electronic communications, such as emails from Momofuku at any time. In all of our electronic communications you will be given the opportunity to opt out of receiving future communications. You may also opt-out by sending an email to our Privacy Officer at privacy@momofuku.com. Be sure to let us know the specific types of communications you no longer wish to receive. If you wish to unsubscribe from our Toronto Mailer, please click here.

Use of Your Personal Information Within Momofuku

In order to provide you with efficient and reliable services and to improve product and service options available to you, Momofuku may share your Personal Information with our affiliates as required or permitted by applicable law. Our affiliates are companies controlled or owned by us, or companies that control us, or are under common control with us.

Our Service Providers

From time to time, we may hire third parties to assist us with certain functions and services, such as our reservation system, data processing, computer software and website maintenance and development, transaction processing, promotional and marketing services, customer service, professional, legal or accounting services, business and sales analysis. Momofuku may share your Personal Information, without restriction (and regardless of whether you have chosen to limit our sharing of your Personal Information as collected on the Website), with such companies that we hire to perform services for us. In such situations, Momofuku requires that these companies agree to maintain the confidentiality of your Personal Information and to comply with the safeguards described in this Privacy Policy. These companies have access to Personal Information needed to perform their functions but are not permitted to share or use such information for any other purposes. Furthermore, in compliance with privacy laws, we also provide our opt-out lists to non-affiliated third party companies so that they can be suppressed from the communications those companies send on Momofuku’s behalf.

If Momofuku Changes Ownership

We may also share your Personal Information as required to allow for a change in ownership of MomoIP LLC and/or any of Momofuku’s affiliated entities, and/or of any business(es) to which the Website relates, and the related transfer of user information to the new owner. In the event of any such change of ownership, your Personal Information will continue to be protected by this Privacy Policy unless and until you are notified of a change.

Lawful Access, Legal Action, and Investigations

Your Personal Information may be disclosed to non-affiliated third parties as either permitted by, or to comply with, applicable laws and regulations. Your Personal Information may be transmitted through and stored on servers outside your home country, and may be accessed by authorities in those jurisdictions. We may disclose Personal Information if we believe it is necessary to investigate, prevent, or take action regarding suspected illegal activities or fraud, situations involving the physical safety of any person, violations of our terms of use, or otherwise in accordance with applicable law. For example, Momofuku may disclose your Personal Information to comply with investigations by regulatory authorities or enforcement agencies in the United States of America, Canada or elsewhere, or to protect against or prevent actual or potential fraud. Furthermore, Momofuku may disclose your Personal Information if it has a reasonable good faith basis to believe that it is required to do so by law, compelled by court order or legal process, or is reasonably necessary and/or appropriate to: (i) protect the rights, property and/or safety of Momofuku or any other person or entity; or (ii) prevent or take action concerning any alleged: (a) illegal activity or (b) breach of the Terms and Conditions of Use or Privacy Policy of this Website.

Use of Cookies

The Website makes use of “cookies” – small data files which we may send to your computer on the basis of the information that we have collected about your visit. They contain information allowing us to recognize when you are visiting the Website and to keep track of your preferences. Through the use of a cookie, we also may automatically collect information about your online activity on our site, such as the web pages you visit, the links you click, and the searches you conduct on our site. Cookies are stored in your computer’s browser or on your hard disk and can then be retrieved by the website. This Website uses two kinds of cookies: so-called “session” cookies, which are deleted from your computer when you leave the Website and are used purely to help you to navigate around the Website; and “persistent” cookies, which remain on your computer so that the Website can recognize you when you return. The Website also uses plug-ins. A plug-in is a piece of software which the user downloads into the user’s web browser that allows certain web-based software to operate. In order to interact on the Website, you may be required to install certain plug-ins.

We may also use third-party advertising companies to target and show you advertisements when you visit the Website. These third-party advertisers may send “cookies” to your computer or other device to gather information about your preferences to provide you with advertising that is more likely to relate to your interests.

If you want to delete any cookies that were already sent to your computer or personal device, please refer to your web browser’s “Help” facility. In addition, most web browsers can be set to prevent you from receiving new cookies, notify you before accepting cookies or disable cookies altogether. Details about this can normally be found in the “Help” facility provided with your browser. Please note that if you disable cookies you may not be able to take advantage of some of the Website’s interactive functionality.

Google Analytics

This Website uses Google Analytics, a web analytics tool provided by Google, Inc. (“Google”) that helps website owners understand how visitors engage with their website. We can view a variety of reports about how visitors interact with our website so we can improve it. Google Analytics collects information anonymously. Google uses cookies, and IP addresses, and it reports website trends without identifying individual visitors. For more information related to Google Analytics, click here. You can opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-On. For information about and to install Google Analytics Opt-out Browser Add-on, click here.

Disclosure of Information to Non-Affiliates

Momofuku will not sell or market Personal Information collected on this Website to non-affiliated third parties for their marketing purposes, unless we have your consent. However, Momofuku may disclose aggregated statistics about visitors to its Website, along with anonymous information concerning individual visitors of its Website. We may combine anonymous information and/or aggregate information we collect with additional anonymous information collected from other sources. We may share anonymous information (including aggregate information) we collect regarding our users with third parties (such as advisors, promotional sponsors, and investors) for various business purposes including conducting general business analysis, and developing website content and services.

Retention of Personal Information

Personal Information is retained as long as reasonably necessary to deliver our services, to otherwise fulfill identified or apparent purposes, and for record-keeping. Personal Information thereafter is destroyed, erased or anonymized. Once anonymized, Momofuku undertakes not to reidentify the information.

Information posted on the website may continue to be displayed on this website, or on any successor website for as long as the Website or any successor site is available, and may be archived by third party websites. You may request that your Personal Information be removed from a particular webpage by writing to web@momofuku.com. We reserve the right to refuse requests for the removal of Personal Information from the Website.

Your Privacy Choices – Limiting Information Sharing/Accessing Your Info

You may have the right to request access to the Personal Information that we hold about you, which includes the right to amend or correct that information, as appropriate, and to receive an account of how it has been used and a list of the organizations to whom it has been disclosed. In some circumstances, you may have the right to object to Momofuku’s use of that Personal Information. If you are unable to access and update your information by logging into our website, you may request access and update your Personal Information.

To protect the confidentiality of your information and respect your wishes for how it is used Momofuku offers “opt out” alternatives. Specifically, you may instruct us not to share Personal Information about you with our affiliates. As noted above, you may also opt-out of receiving electronic communications from us at any time. You may make your privacy choice at any time and it will remain in effect until you change it.

If you would like to check, change, or confirm your privacy choices please contact us at:

MomoIP LLC
c/o Momo Holdings LLC
60 E 11th st
New York, NY 10003
(212) 228-0031
Attn: Privacy Officer
privacy@momofuku.com

Protection and Security of Information

Momofuku maintains reasonable standards of confidentiality and security for this Website and the Personal Information collected from this Website. Physical, technical, electronic and managerial procedures have been employed to safeguard the security and integrity of Personal Information collected through this Website. The Personal Information you provide is secured using industry standard security technology. Momofuku also restricts its own employees’ access to Personal Information. However, it is possible that someone may intercept or access communications, transmissions and/or Personal Information. You must also seek to protect against unauthorized access to any passwords and/or accounts that you use in connection with this Website, and you should remember to log off of the Website once you have completed your activities on the Website or if you have decided to step away from your computer.

In the event that Momofuku determines that there has been a security breach requiring notification that results in the unauthorized disclosure of Personal Information to a third party, Momofuku will promptly notify consumers whose Personal Information it reasonably believes has been compromised by posting information on the Website and, if email contact is possible, then also by sending an email advisory with respect to situation.

Your Responsibility for your Username and Password

If you have an account with this Website, you are solely responsible for the security of your username and password, and shall take precautions to keep your password private to prevent any unauthorized use. Neither Momofuku nor any other person or entity will be responsible for any losses, damages or consequences suffered due to careless or unauthorized use of a password. SeeTerms of Use for details.

Links to Other Websites

From time to time, the Momofuku Website may contain links to other websites that are not controlled and/or maintained by Momofuku. Please be aware that these other websites may have different privacy policies which may subject you to different privacy practices. Please review the privacy policies of such other websites for information concerning what information is collected on such websites and how it is used.

Governing Law

This Privacy Policy shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. Please click here to review the terms relating to Disputes and Governing Law for this Website.

Contact Us

If you have any questions or complaints concerning this Privacy Policy or our handling of your Personal Information (other than with respect to California Privacy Rights) you may contact or write to us at:

MomoIP LLC
c/o Momo Holdings LLC
60 E 11th st
New York, NY 10003
(212) 228-0031
Attn: Privacy Officer
privacy@momofuku.com

If you have any questions concerning California Privacy Rights you may contact us at californiaprivacy@momofuku.com or write to us at:

MomoIP LLC
c/o Momo Holdings LLC
60 E 11th st
New York, NY 10003
(212) 228-0031
Attn: California Privacy Rights Administrator
californiaprivacy@momofuku.com