Privacy Policy

This Privacy Policy describes how Marcos ("we," "us," or "our") collects, uses, discloses, and protects your personal information when you visit our website at marcos-food.digital, place an order with us, use our services, or otherwise interact with us. Please read this policy carefully to understand our practices regarding your personal data and how we treat it.

By accessing or using our website and services, you acknowledge that you have read, understood, and agree to the practices described in this Privacy Policy. If you do not agree with this policy, please discontinue use of our website and services immediately.

We are committed to protecting your privacy and handling your data in an open and transparent manner. As a food business operating in the United States, we comply with all applicable federal and state privacy laws, including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), the Federal Trade Commission Act (FTC Act), and other applicable consumer protection regulations.

1. Who We Are

Marcos is a food business operating in the United States. We offer food products and related services to consumers through our digital platform and physical operations. For all privacy-related matters, you may contact us using the information below:

2. Information We Collect

We collect various types of information in connection with your use of our website and services. This information falls into several categories as described below.

2.1 Personal Information You Provide Directly

When you interact with us — whether by creating an account, placing a food order, subscribing to our newsletter, contacting customer support, or participating in promotions — you may provide us with personal information, including but not limited to:

• Identity Information: Your full name, username, or similar identifiers.
• Contact Information: Email address, telephone number, and physical delivery address.
• Account Credentials: Password and other security information used to access your account.
• Payment Information: Credit or debit card details, billing address, and other financial information necessary to process your transactions. Note that payment card data is processed by our third-party payment processors and we do not store complete card numbers on our servers.
• Order Information: Details about the food products you purchase, dietary preferences, special instructions, and order history.
• Communications: Records of your correspondence with us, including customer service inquiries, feedback, reviews, and complaints.
• Marketing Preferences: Your preferences regarding receiving marketing communications from us.

2.2 Usage Data and Technical Information

When you access and use our website, we automatically collect certain technical and usage information, including:

• Log Data: Internet Protocol (IP) address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access our website.
• Usage Information: Pages you visit, links you click, time spent on pages, referring URLs, search queries entered on our website, and other actions taken on our platform.
• Location Data: Approximate geographic location derived from your IP address, or, with your permission, precise geolocation data from your mobile device to facilitate delivery services.
• Device Information: Device identifiers, device type, hardware model, operating system version, unique device identifiers, and mobile network information.
• Transaction Data: Details of the transactions you carry out through our platform, including the products purchased, prices paid, and dates of transactions.

2.3 Cookies and Tracking Technologies

We use cookies, web beacons, pixel tags, local storage, and similar tracking technologies to collect information about your browsing activities on our website. This includes information about which pages you visit, how long you stay, what you click on, and your overall interaction with our content. Please refer to Section 8 of this Privacy Policy for more detailed information about our cookie practices.

2.4 Information from Third Parties

We may also receive information about you from third-party sources, including:

• Social Media Platforms: If you connect your social media account to our services or log in using a social media sign-on, we may receive profile information from that platform.
• Analytics Providers: We receive aggregated and anonymized analytics data from providers such as Google Analytics.
• Payment Processors: Our payment processors may share transaction-related information with us to complete your orders.
• Marketing Partners: We may receive information about you from our advertising and marketing partners to help us deliver more relevant content and advertisements.
• Delivery Partners: Third-party delivery services may share delivery status and logistics information with us.

3. How We Use Your Information

We use the personal information we collect for a variety of legitimate business purposes. These include:

3.1 Service Provision and Order Fulfillment

• To process and fulfill your food orders, including arranging delivery or pickup.
• To create and manage your account on our platform.
• To process payments and handle billing inquiries.
• To send you order confirmations, receipts, shipping updates, and other transactional communications.
• To provide customer support and respond to your inquiries and complaints.
• To facilitate returns, refunds, or replacements as applicable.

3.2 Improvement of Our Services

• To analyze usage patterns and improve the functionality and user experience of our website.
• To test new features, menus, promotions, and enhancements to our food offerings.
• To conduct internal research and development aimed at improving our products and services.
• To troubleshoot technical issues and maintain the security and integrity of our platform.

3.3 Marketing and Communications

• To send you promotional communications about our food products, special offers, seasonal menus, and loyalty programs, where you have opted in to receive such communications.
• To personalize your experience on our website by displaying relevant content and product recommendations based on your preferences and order history.
• To deliver targeted advertising on our website and on third-party platforms.
• To measure the effectiveness of our marketing campaigns.

3.4 Legal and Compliance Purposes

• To comply with applicable laws, regulations, legal processes, and governmental requests.
• To enforce our Terms of Service and other agreements.
• To protect the rights, property, and safety of Marcos, our customers, and others.
• To detect, prevent, and address fraud, unauthorized access, and other illegal activities.
• To maintain accurate business records and fulfill tax and accounting obligations.

4. Legal Basis for Processing

As a business operating in the United States, our data processing activities are governed by applicable federal and state laws. We process your personal information based on the following grounds:

• Contractual Necessity: Processing necessary to fulfill your orders and deliver our services.
• Legitimate Business Interests: Processing for fraud prevention, security, improving our services, and direct marketing where not overridden by your interests.
• Legal Obligation: Processing required by applicable law, regulation, or court order.
• Consent: Where we rely on your consent, such as for optional marketing communications and certain cookies, you have the right to withdraw consent at any time.

5. Sharing Your Information with Third Parties

We do not sell your personal information to third parties for monetary compensation. However, we may share your information with certain trusted third parties under the circumstances described below.

5.1 Service Providers

We engage third-party companies and individuals to perform services on our behalf. These service providers are granted access to your personal information only to the extent necessary to perform their functions and are contractually bound to protect your data. Our service providers include:

• Payment Processors: Companies that securely process credit and debit card transactions.
• Delivery and Logistics Partners: Third-party delivery services that fulfill your food orders.
• Cloud Hosting Providers: Companies that host our website, databases, and IT infrastructure.
• Analytics Providers: Companies such as Google Analytics that help us analyze website traffic and user behavior.
• Email and Communication Services: Providers that help us send transactional emails and marketing communications.
• Customer Support Tools: Platforms that facilitate our customer service operations.
• Marketing and Advertising Partners: Companies that assist with targeted advertising and campaign measurement.

5.2 Business Transfers

In the event that Marcos undergoes a merger, acquisition, reorganization, sale of assets, or bankruptcy, your personal information may be transferred to the acquiring entity as part of that transaction. We will notify you via email and/or a prominent notice on our website of any such change in ownership or control of your personal information.

5.3 Legal Requirements and Law Enforcement

We may disclose your personal information to government authorities, law enforcement agencies, courts, or other third parties when we believe in good faith that such disclosure is necessary to:

• Comply with a legal obligation, subpoena, court order, or governmental request.
• Protect and defend the rights or property of Marcos.
• Prevent or investigate possible wrongdoing in connection with our services.
• Protect the personal safety of users of our services or the general public.

5.4 With Your Consent

We may share your personal information with other third parties when we have your explicit consent to do so.

6. Data Security

We take the security of your personal information seriously and implement a range of technical and organizational measures to protect your data from unauthorized access, alteration, disclosure, or destruction. Our security measures include:

6.1 Technical Safeguards

• Encryption: We use Secure Socket Layer (SSL) / Transport Layer Security (TLS) encryption to protect data transmitted between your browser and our servers. Sensitive data such as payment information is encrypted both in transit and at rest.
• Access Controls: Access to personal data within our organization is restricted to employees and contractors who need it to perform their job functions, and all such personnel are bound by confidentiality obligations.
• Firewalls and Intrusion Detection: We employ firewalls and intrusion detection systems to monitor and protect our network infrastructure.
• Regular Security Assessments: We conduct periodic security audits and vulnerability assessments to identify and address potential weaknesses in our systems.

6.2 Organizational Measures

• We train our staff on data privacy and security best practices.
• We have internal policies and procedures governing the handling of personal data.
• We maintain incident response procedures to address any potential data breaches promptly.

7. Your Privacy Rights

Depending on your location and applicable law, you may have certain rights regarding your personal information. As a business operating in the United States, we honor the following rights for all users and provide additional rights to California residents as required by the CCPA/CPRA.

7.1 Rights Available to All Users

• Right to Access: You have the right to request information about the personal data we hold about you, including the categories of data collected, the purposes for which it is used, and the third parties with whom it has been shared.
• Right to Correction: You have the right to request that we correct inaccurate or incomplete personal information we hold about you.
• Right to Deletion: You have the right to request that we delete your personal information, subject to certain exceptions (such as where retention is required by law or for legitimate business purposes).
• Right to Opt Out of Marketing: You may opt out of receiving marketing communications from us at any time by clicking the "unsubscribe" link in our emails or by contacting us directly.
• Right to Data Portability: Where technically feasible, you have the right to receive a copy of your personal data in a structured, commonly used, and machine-readable format.

7.2 Additional Rights for California Residents (CCPA/CPRA)

If you are a California resident, you have the following additional rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA):

• Right to Know: You have the right to know the categories and specific pieces of personal information we have collected about you in the past 12 months.
• Right to Delete: You have the right to request deletion of your personal information collected or maintained by us, subject to certain exceptions.
• Right to Correct: You have the right to request correction of inaccurate personal information we maintain about you.
• Right to Opt Out of Sale or Sharing: Although we do not sell personal information for monetary compensation, you have the right to opt out of the "sharing" of your personal information for cross-context behavioral advertising purposes.
• Right to Limit Use of Sensitive Personal Information: You have the right to direct us to limit our use of sensitive personal information to only that which is necessary to perform the services you request.
• Right to Non-Discrimination: We will not discriminate against you for exercising your CCPA/CPRA rights. We will not deny you goods or services, charge you different prices, or provide a different level of service because you exercised your privacy rights.

7.3 How to Exercise Your Rights

To exercise any of the rights described above, please submit a verifiable consumer request by contacting us through one of the following methods:

• Email: [email protected]
• Website: marcos-food.digital

We will respond to verifiable consumer requests within 45 days of receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and the extension period in writing. We may need to verify your identity before processing your request to ensure the security of your personal information.

8. Cookie Policy

Our website uses cookies and similar tracking technologies to enhance your browsing experience, analyze website traffic, and deliver personalized content and advertising. Below is a summary of our cookie practices.

8.1 What Are Cookies?

Cookies are small text files that are placed on your device (computer, tablet, or mobile phone) when you visit a website. They allow the website to recognize your device and remember information about your visit, such as your language preferences and login status.

8.2 Types of Cookies We Use

8.3 Managing Your Cookie Preferences

You can control and manage cookies through your browser settings. Most browsers allow you to refuse cookies or to alert you when cookies are being sent. However, please note that if you disable certain cookies, some features of our website may not function properly. You may also opt out of interest-based advertising through the Digital Advertising Alliance at www.aboutads.info or the Network Advertising Initiative at www.networkadvertising.org.

9. Data Retention

We retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including satisfying legal, accounting, or reporting requirements. The specific retention periods we apply are as follows:

When your personal information is no longer required for the purposes described above, we will securely delete or anonymize it. If deletion is not immediately possible (for example, because information is stored in backup archives), we will securely isolate your personal information and protect it from any further processing until deletion is possible.

10. Children's Privacy

We do not knowingly collect, use, or disclose personal information from anyone under the age of 18. Our services are not directed to minors, and we do not intentionally market food products or services to children. If you are a parent or guardian and believe that your child under 18 has provided us with personal information without your consent, please contact us immediately at [email protected].

Upon receiving a verified request from a parent or guardian, we will take reasonable steps to delete the child's personal information from our records as quickly as reasonably practicable. We comply with the Children's Online Privacy Protection Act (COPPA) and all applicable federal and state laws relating to children's privacy.

11. International Data Transfers

Marcos is based in the United States and primarily processes personal data within the United States. However, our service providers and partners may be located in other countries, which means that your personal information may be transferred to, stored, and processed in countries outside of your country of residence.

These countries may have different data protection laws than those in your home country. When we transfer personal data internationally, we take appropriate steps to ensure that such transfers comply with applicable law and that your personal information remains adequately protected. These steps may include:

• Entering into data processing agreements with our service providers that include appropriate data protection provisions.
• Ensuring that our service providers maintain appropriate technical and organizational security measures.
• Conducting due diligence on third-party service providers to assess their data protection practices.

By using our services, you acknowledge and consent to the transfer of your personal information to the United States and potentially other countries as described in this section.

12. Do Not Track Signals

Some browsers offer a "Do Not Track" (DNT) feature that sends a signal to websites requesting that your browsing activity not be tracked. Currently, our website does not respond to DNT signals because there is no standardized industry protocol for how websites should respond to such signals. However, you may use the cookie management tools described in Section 8 to limit certain types of tracking on our website.

13. Third-Party Links and Services

Our website may contain links to third-party websites, social media platforms, and other online services that are not operated or controlled by Marcos. This Privacy Policy does not apply to those third-party services. We encourage you to review the privacy policies of any third-party websites you visit. We are not responsible for the privacy practices of third-party websites and disclaim any liability in connection with your use of such websites.

14. How to File a Privacy Complaint

We take all privacy concerns seriously. If you believe we have not complied with applicable privacy laws or this Privacy Policy, we encourage you to first contact us directly so that we can address your concern.

14.1 Contact Us First

Please submit your complaint or concern to us using the following contact information. We will acknowledge receipt of your complaint within 5 business days and aim to resolve your concern within 30 days:

• Email: [email protected]
• Website: marcos-food.digital

14.2 Complaints to Regulatory Authorities

If you are not satisfied with our response to your privacy concern, you have the right to file a complaint with the relevant data protection or consumer protection authority. Depending on your location, this may include:

• Federal Trade Commission (FTC): For general consumer privacy complaints in the United States. You can file a complaint at www.ftc.gov/complaint or by calling 1-877-FTC-HELP (1-877-382-4357).
• California Privacy Protection Agency (CPPA): If you are a California resident and believe your CCPA/CPRA rights have been violated, you may file a complaint with the California Privacy Protection Agency at www.cppa.ca.gov.
• California Attorney General: California residents may also contact the California Attorney General's Office at www.oag.ca.gov.
• State Attorney General: Residents of other states may contact their respective state Attorney General's office for privacy-related complaints.

15. Changes to This Privacy Policy

We reserve the right to update and modify this Privacy Policy at any time to reflect changes in our practices, legal requirements, or the services we offer. When we make material changes to this policy, we will notify you by:

• Posting the revised Privacy Policy on our website with an updated "Last Updated" date.
• Sending you an email notification (where we have your email address on file and the changes are material).
• Displaying a prominent notice on our website for a period following the update.

Your continued use of our website and services following the posting of any changes to this Privacy Policy constitutes your acceptance of those changes. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your personal information.

16. Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please do not hesitate to contact our privacy team: