PRIVACY POLICY AND TERMS & CONDITIONS

Last updated: June 17th, 2024

PRIVACY POLICY

YAMI ("we," "our," or "us") provides this Privacy Policy to describe the types of information we collect from you when you visit and use our website, yamirestaurant.com, and any other webpages operated by us that link to this Privacy Policy (the "Website"), as well as our practices for collecting, using, and disclosing that information.

SCOPE

This Privacy Policy applies to information collected from or about you on the Website, through email, and other electronic messages between you and the Website. It does not apply to information collected offline or through other means, including any other websites operated by third parties (including our affiliates) or us. This Privacy Policy also does not apply to information collected by any third party, including through any application or content that may link to or be accessible from the Website. Some services offered on the Website, such as reservations or payment processing, may be handled by service providers and partners, even if you have not left the Website.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. BY ACCESSING OR USING THE WEBSITE, YOU CONSENT TO OUR COLLECTION, USE, AND DISCLOSURE OF INFORMATION ABOUT YOU AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH OUR POLICIES AND PRACTICES, DO NOT USE OUR WEBSITE. Your continued use of the Website after we make changes is deemed acceptance of those changes, so please check this Privacy Policy periodically for updates.

The Website is operated from the United States by U.S. laws. If you are located outside of the United States, your use of the Website is at your own risk and you are responsible for compliance with any applicable local laws. By using the Website and providing us with your personal information, you: (i) consent to the transfers and processing of your information to and within the United States; (ii) acknowledge that U.S. law may provide a lower standard of protection for personal data than the laws of your country; and (iii) understand that we will use, process, and share your information by this Privacy Policy and U.S. law. Consequently, you waive any claims that may arise under the laws and regulations that apply to you in any other country or jurisdiction.

TYPE OF INFORMATION WE COLLECT

We collect various types of information from and about you on the Website, including:

Personally Identifiable Information (PII): This is information that can be used to identify or contact you, such as your first and last name, email address, postal address, billing address, telephone numbers, credit/debit card number, or any other identifier by which you may be contacted offline or online. This may also include information that is not personally identifiable on its own but is when combined with PII (e.g., reservation dates combined with your name).
Non-Personal Information: This is data that does not identify you as an individual and is not linked to your personal information. This may include information such as your dining preferences, communication preferences, goods and services purchased, and other preferences. It also includes information about your Internet connection, the equipment you use to access our Website, and details about your activities while using our Website.

We collect information directly from you when you provide it to us (e.g., through forms on the Website, emails, and reservations), and automatically as you navigate through the Website using cookies and other technologies.

INFORMATION YOU PROVIDE TO US

The personal information we collect on or through the Website may include:

Information you provide when filling out forms on the Website, such as making a reservation, purchasing a gift card, signing up for emails, or submitting questions.
Records and copies of your correspondence, including email addresses.
Details of transactions carried out through the Website.

AUTOMATICALLY COLLECTED INFORMATION

As you navigate and interact with the Website, we may use automatic data collection technologies to collect certain information, such as:

Details about your visits to our Website, such as traffic data, logs, and other communication data.
Information about your Internet connection and the equipment you use to access the Website.

This information does not include personal information, but we may associate it with personal information that you provide to us or that we collect in other ways.

COOKIES AND OTHER TECHNOLOGIES

Our Website may use cookies and other technologies to:

Obtain information about your visits to the Website.
Process your reservations, purchases, or requests.
Analyze your visiting patterns.
Personalize your experience on the Website.
Facilitate social media functions.
Engage in website analytics.

Cookies are small text files stored on your computer or device when you visit a website. Some cookies are temporary (session cookies) and deleted when you close your browser, while others are saved on your device for a fixed period or until you delete them (persistent cookies). We use various types of cookies for different purposes, including essential cookies, analytics cookies, and social media cookies.

You can manage your cookie preferences through your browser settings. Disabling cookies may prevent you from taking advantage of certain features on the Website.

USE OF PERSONAL INFORMATION

We use personally identifiable information for the following purposes:

To present the Website and its contents to you.
To fulfill your reservations and transactions.
To process and respond to your inquiries.
To improve the content and navigability of the Website.
To alert you to new features, special events, products, and services.
To conduct auditing, analytics, and market research.
To contact you about our products, services, and promotions.
To improve our services and develop new offerings.
To validate your identity and verify communications from you.
To protect our rights and the security or integrity of our Website and business.
To prevent fraud and other prohibited activities.
To enforce our Terms of Service and other agreements.
For any other purpose with your consent.

SHARING OF PERSONAL INFORMATION

We do not rent, sell, or disclose your personally identifiable information to non-affiliated companies except to provide products and services you have requested, when we have your permission, as permitted by applicable law, or as otherwise described in this Privacy Policy.

We may disclose your personally identifiable information:

To our affiliated companies.
To our service providers, contractors, and agents.
To a buyer or other successor in the event of a merger or similar transaction.
To other third parties with your consent or as disclosed when you provide the information.

We reserve the right to use IP addresses and may provide any information about you to third parties if we believe such action is necessary to comply with legal requirements, protect our rights, or ensure the safety of our Website and users.

THIRD-PARTY WEBSITES

Our Website may contain links to third-party websites. We are not responsible for the content or privacy practices of these websites. This Privacy Policy does not apply to information you provide when visiting third-party websites.

Please review the privacy policies of these websites before providing any personal information.

WIDGETS AND PLUG-INS

The Website may use widgets and plug-ins (such as the Facebook “like” button, the Twitter “Follow Us” feature, or similar mechanisms from Instagram, Pinterest, or other social media platforms), which are interactive mini-programs that run on our Website to provide specific services from another company. Such third-party features may collect information about you, like your IP address and the page(s) you visit on the Website, as well as personal information, such as your email address. They also may place cookies or other tracking mechanisms on your browser or device to enable the widget to function properly. Your interactions with these features are governed by the privacy policies of the third parties that created them. We encourage you to review the privacy policies of the applicable third party before using them.

MINORS

Our Website is not directed to or intended to be used by individuals under the age of 18.

PROTECTING YOUR INFORMATION

We take reasonable steps to protect personally identifiable information from loss or unauthorized access, disclosure, alteration, or destruction. Despite these efforts, no security system is completely secure, and we cannot guarantee the security of your information.

YOUR CHOICES

You can manage your personal information in the following ways:

Information You Provide: You choose what personal information to provide. Not providing certain details may impact your transactions with us.
Promotional Emails: You can opt out of marketing emails by following the instructions or contacting us at 561 413 5699. Opting out may affect your access to certain offers and features.
Updating Your Information: You may update or correct personal information by contacting us.

TERMS OF USE

By posting my memory using the #YAMIrestaurant hashtag or using the "YAMI Restaurant" geotag, I hereby agree to the following Terms of Use.

USE OF NAME, HANDLE, PHOTOS AND LIKENESS

I hereby grant to YAMI Restaurant, its parents, subsidiaries, and affiliated companies, and their respective successors and assigns (collectively, the "Permitted Parties") the right and permission to use my name and/or handle, image, and likeness, and the text and photographs I'm posting to a social media platform such as but not limited to Twitter, Facebook, and Instagram by using the #YAMIrestaurant hashtag or using the "YAMI Restaurant" geotag or including photos or videos of YAMI Restaurant properties (collectively, the "Content") on the yamirestaurant.com website, Facebook, Instagram, Twitter, and other social media platforms operated by YAMI Restaurant (the "Website"). I agree that the Content may be distributed, published, exhibited, digitized, displayed, reproduced, and otherwise used, on the Website, anywhere in the world, at any time, for purposes of advertising or trade in promoting and publicizing the Permitted Parties. I agree that I shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, or copyright infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content and I irrevocably waive any and all so-called moral rights I may have in the Content.

COMPLIANCE WITH TERMS OF THIRD-PARTY WEBSITES

I acknowledge and agree that in order to post Content on the Website, I will be in compliance with the terms and conditions of such Website.

REPRESENTATIONS OF WARRANTIES/INDEMNIFICATIONS

I represent and warrant as follows:

I have the right to post the Content;
Neither the Content nor the use of the Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity and/or copyright, of any other person or entity or any applicable laws;
The Content does not contain any content that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous or otherwise depicts inappropriate behavior; and
The Content does not contain any advertising or other commercial content.

I hereby agree to indemnify and hold the Permitted Parties harmless from and against any third-party claims, actions or proceedings of any kind and from any damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach of any of my warranties, representations or agreements hereunder.

NO OBLIGATION TO USE

I understand and agree:

That Permitted Parties shall have no obligation to use the Content (or any part thereof) in any way; and
That Permitted Parties may remove the Content (or any part thereof) from the Website at any time for any reason in Permitted Parties' sole discretion.

I further understand and agree that Permitted Parties will not use any Content or other materials it finds inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that Permitted Parties believe may violate or infringe another's rights, including, without limitation, privacy, publicity or intellectual property rights.

IMPORTANT. PLEASE READ GENERAL RELEASE AND LIMITATIONS ON LIABILITY

I hereby agree that:

Any and all disputes, claims, and causes of action arising out of or connected with the Content or these Terms shall be resolved individually, without resort to any form of class action;
Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submitting the Content, but in no event will attorneys' fees be awarded or recoverable; and
Under no circumstances will I be permitted to obtain any award for, and I hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages (other than actual out-of-pocket expenses), and/or any rights to have damages multiplied or otherwise increased.

I acknowledge and agree that neither the Permitted Parties nor any of their officers, directors, or employees are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the Content (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on my rights of publicity or privacy, or a claim that I have been defamed or portrayed in a false light). The Permitted Parties assume no responsibility for any damage to my computer system which is occasioned by accessing any Permitted Party’s website, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect capture of information, or the failure to capture any information.

GOVERNING LAW

I agree that any disputes that I may have with, or claims I may have relating to, arising out of or connected in any way with the Content (or any part thereof), these Terms shall be governed by the laws of the State of Florida applicable to contracts executed and to be performed entirely in the State of Florida.