This Privacy Notice outlines the types of personal data we may collect about you when you interact with us. It also explains how we store, handle and protect your data, and to ensure that you, as a customer of Benihana, are fully informed of your rights.
The sections outlined below should answer any questions you may have. However if you do have further queries, then please do contact us at:
Benihana (UK) Ltd
37 Sackville Street
London W1S 3EH
What personal data do we process?
We process personal data of our customers or visitors to our websites for a number of different purposes, which are explained below.
“Personal data”, or “personal information”, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
The following personal information is required in order for us to make a reservation at our restaurants:
• Booking Name
• Telephone Number or Email Address
In order to provide exceptional customer service and to improve your dining experience, we may also collect and process additional personal information, including the following:
• Special occasions – birthdays (excluding year of birth), anniversaries and that of your guest(s)
• Seating preferences
• Allergies or food intolerances
• Food & beverage preferences
• Personal connections to other customers or staff
• General preferences
• Previous booking history
• Any publicly available information – ie job title, company where you work, name of spouse, photograph
• Encrypted credit card information
• Mobility requirements
For online reservations at our restaurants, we use the third party booking engine OpenTable and you will be directed to OpenTable website when making a booking online. In order to provide the online booking service, your personal data will be collected, transferred to and processed by OpenTable Inc, who are located in USA as a data processor acting on behalf of Benihana UK. Please refer to the section below “Who do we share your data with?” for more information.
e-Commerce and Retail
The following personal information is collected and processed by us in order to provide e-commerce services to you
• Postal address and billing/delivery addresses (if different)
• Telephone number
• Email address
• Credit/Debit Card details
• Name of recipient (if a gift)
• Delivery address, telephone number and email address of recipient (if a gift and if applicable)
This personal information may be shared with trusted third parties as data processors in order to carry out any necessary services for us, including shipping, fulfillment, and personalisation for a given order transaction. Please refer to the section below “Who do we share your data with?” for more information.
How do we capture your personal data?
Reservations, bookings and orders at any of our restaurants, can be made in the following ways:
• In person
• Via a third party (person or company), such as a travel agency
• Through social media – if you choose to interact with us
Personal data which is collected is then stored by us and processed in the corresponding business system in order for us to be able to provide the relevant goods and services to you.
We may also use, collect and process publicly available information that we believe could be relevant to your reservations, bookings, orders or other interactions with us. We typically search engines like Google or Social Media (eg LinkedIn) to collect this information. In these circumstances, your Personal Information may be said to have been passively collected (that is, gathered without you actively providing the information).
We do not knowingly collect personal information from children under age 16. If we learn that we have collected personal information from a child under age 16 without parental consent, we will take steps to delete that personal information as soon as possible.
What is your personal data used for?
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you (please refer to the “Business Services” section below for more information).
• Where we need to comply with a legal or regulatory obligation.
We use the personal data you have provided us in order to:
• Confirm bookings, appointments and/or orders you have placed
• Amend bookings, appointments and/or orders you have placed
• Cancel bookings, appointments and/or orders you have placed
• Tailor-make to your exact requirements bookings, appointments and/or orders you have placed
• Communicate with you in regards to future or past bookings and/or orders you have placed
The data that we capture for these purposes ensures that we can provide the best possible customer service and experiences. We use personal information so that our employees familiarise themselves with and look after you and your guests. The data you provide allows us to ensure that this can be achieved in the best possible way.
Who do we share your data with?
External Third Parties
We work with a number of trusted and contracted third parties in order to be able to provide our goods and services to you. These third parties include (but are not limited to) those who provide services to us for the delivery of goods, restaurant bookings and business systems providers.
We do not share or sell your data to third parties for marketing purposes or for any purposes other than those explained in this Privacy Notice, without your prior consent.
We do not purchase personal data from third parties.
We may transfer your personal data to the following third parties, who we have contracts with, for them to process your data as our data processors:
• Opentable Inc. – an online reservations system and booking engine for restaurant reservations located in the US
• Paypal Europe Ltd. – Online payment processing for internet businesses located in the US
• Professional advisers – acting as processors or joint controllers, including lawyers, bankers, auditors and insurers based in the UK who provide [consultancy, banking, legal, insurance and accounting services].
• HM Revenue & Customs, regulators and other authorities, acting as processors or joint controllers, based in the UK
• COMO – a mobile application provider for loyalty scheme
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your data for specified purposes and in accordance with our instructions.
Some of our external service providers are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
In the event of merger, acquisition, or any sale of some or all of our businesses or assets, personal information held by us about our customers will be among the assets shared with and transferred to the buyer or merged business. If a change happens to our business, then the buyer or merged business may use your personal data in the same way as set out in this Privacy Notice.
How do we protect your personal data?
The security of your data is equally as important to us as it is to you. With this in mind we will treat your data with the utmost care and take all necessary steps to protect it.
Our websites use encrypted ‘https’ technology and access to your personal data is password protected.
How long do we keep your personal data?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances you can ask us to delete your data (see the section “Your Rights” below for further information) and in some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
Your rights as a customer of Benihana UK
Right of access
You may request access to the data we hold on you, which is usually free of charge. We may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
Right to rectification
You may have your data corrected if it is incomplete or incorrect. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Right to restrict processing
This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Right to withdraw your consent to processing
You may withdraw your consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Right to object to processing
You may object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Right to erasure
You may request to have your data removed from our systems. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
You may request the transfer of your personal data to you or to a third party. We will provide to you (or the third party you have chosen) your personal data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legal obligations beyond GDPR
There may be certain circumstances in which we have a legal obligation, above and beyond the General Data Protection Regulation (GDPR), to control your data and share it with the police or relevant regulatory, government or legal enforcement bodies. These circumstances include:
• Situations where we expand, reduce or sell the whole or parts of the business, may involve a transfer of ownership to a new owner or controlling party. Should this occur, where considered necessary, your personal data will be transferred to the new owner or party, under the terms of this Privacy Notice.
• CCTV recording for the protection and well-being of our customers and employees
• Transaction information for financial auditing purposes
• Prevention of fraudulent activity in our premises or within our systems
Third Party Links
Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.