PLEASE READ THIS PRIVACY STATEMENT CAREFULLY BEFORE USING THIS WEBSITE AND MOBILE APP.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW, AND IF YOU DO NOT OPT-OUT AS SET FORTH IN THAT SAME SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND BLAKE’S FAMILY OF COMPANIES, INC. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.
Our Commitment to Privacy
This statement describes how Blake’s Family of Companies (“Blakes” or “our”) may use information collected from customers of its venue, restaurants, vendors, users of Blake’s website, email program and the Blake’s Reward mobile app (each a “Site” and collectively the “Sites”). Blake’s reserves the right to change this Privacy Statement from time to time at its sole discretion and shall send electronic notice to you. The effective date of such change will be marked on any notice to you. Any changes will be effective after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
Disclaimer of Warranties:
THIS SITE, THE SERVICES, AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties. As a result, the above may not apply to you. These warranties are hereby excluded to the fullest extent permissible by law.
Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL BLAKES BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM A CLAIM OF BREACH OF THIS PRIVACY STATEMENT. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $5, whichever is less.
ARBITRATION AND CLASS ACTION WAIVER.
YOU HEREBY RELEASE AND DISCHARGE US FROM ANY AND ALL CLAIMS, LIABILITY, DEMANDS, JUDGMENTS, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND/OR ATTORNEYS’ FEES RELATING TO OR ARISING FROM YOUR USE OF OR ACCESS TO THE SERVICES, WHETHER KNOWN OR UNKNOWN. THIS INDEMNIFICATION AGREEMENT IS INTENDED TO APPLY EVEN IF THE CLAIMS, LIABILITY, DEMANDS, JUDGMENTS, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND/OR ATTORNEYS’ FEES ADDRESSED IN THIS PARAGRAPH RESULT FROM OUR OWN NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, VIOLATION OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT, STRICT LIABILITY, BREACH OF EXPRESS WARRANTY, BREACH OF IMPLIED WARRANTY, OR BREACH OF ANY OTHER COMMON LAW OR STATUTORY DUTY OR CAUSE OF ACTION. THIS PROVISION SHALL BE CONSTRUED FAIRLY AND REASONABLY AND NEITHER MORE STRONGLY FOR NOR MORE STRONGLY AGAINST YOU OR US. THIS RELEASE AND DISCHARGE DOES NOT APPLY TO ANY AND ALL CLAIMS, LIABILITY, DEMANDS, JUDGMENTS, ACTIONS, PROCEEDINGS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND/OR ATTORNEYS’ FEES RELATING TO OR ARISING FROM ANY EMPLOYMENT RELATIONSHIP BETWEEN EMPLOYEES OF BLAKES AND BLAKE’S FAMILY OF COMPANIES.
ARBITRATION AND CLASS ACTION WAIVER. EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF AND ANY CLAIMS RELATING TO BLAKE’S EMPLOYEES, WITH RESPECT TO CLAIMS RELATED TO THE SITE, INCLUDING ANY GOODS OR SERVICES PURCHASED THROUGH THE SITE, ANY DISPUTE OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL DISPUTES, CLAIMS (WHETHER IN TORT, CONTRACT, STATUTORY OR OTHERWISE) OR DISAGREEMENTS CONCERNING THE EXISTENCE, BREACH, INTERPRETATION, APPLICATION OR TERMINATION OF THIS AGREEMENT SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT AND IN ACCORDANCE WITH THE JAMS INC. COMPREHENSIVE ARBITRATION RULES & PROCEDURES THEN IN EFFECT. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED ON A CLASS ACTION BASIS. THE ARBITRATION SHALL TAKE PLACE:
(A) WITH RESPECT TO CONSUMERS, IN THE COUNTY IN WHICH THE CONSUMER RESIDED AT THE TIME OF THE DISPUTE OR
(B) WITH RESPECT TO INDEPENDENT CONTRACTORS, VENDORS, OR OTHER THIRD-PARTY PROVIDERS, DETROIT, MICHIGAN
OR AT THE OPTION OF THE PARTY SEEKING RELIEF, BY TELEPHONE, ONLINE, OR VIA WRITTEN SUBMISSIONS ALONE, AND BE ADMINISTERED BY JAMS. THE ARBITRAL TRIBUNAL (“TRIBUNAL”) SHALL BE COMPOSED OF ONE ARBITRATOR, WHO SHALL BE INDEPENDENT AND IMPARTIAL. IF THE PARTIES FAIL TO AGREE ON THE ARBITRATOR WITHIN TWENTY (20) CALENDAR DAYS AFTER THE INITIATION OF AN ARBITRATION HEREUNDER, JAMS SHALL APPOINT THE ARBITRATOR. THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE. THE DECISION OF THE ARBITRATOR WILL BE FINAL AND BINDING ON THE PARTIES. JUDGMENT ON ANY AWARD(S) RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. NOTHING IN THIS SECTION SHALL PREVENT EITHER PARTY FROM SEEKING IMMEDIATE INJUNCTIVE RELIEF FROM ANY COURT OF COMPETENT JURISDICTION, AND ANY SUCH REQUEST SHALL NOT BE DEEMED INCOMPATIBLE WITH THE AGREEMENT TO ARBITRATE OR A WAIVER OF THE RIGHT TO ARBITRATE. THE PARTIES UNDERTAKE TO KEEP CONFIDENTIAL ALL AWARDS IN THEIR ARBITRATION, TOGETHER WITH ALL CONFIDENTIAL INFORMATION, ALL MATERIALS IN THE PROCEEDINGS CREATED FOR THE PURPOSE OF THE ARBITRATION AND ALL OTHER DOCUMENTS PRODUCED BY THE OTHER PARTY IN THE PROCEEDINGS AND NOT OTHERWISE IN THE PUBLIC DOMAIN, SAVE AND TO THE EXTENT THAT DISCLOSURE MAY BE REQUIRED OF A PARTY BY LEGAL DUTY, TO PROTECT OR PURSUE A LEGAL RIGHT OR TO ENFORCE OR CHALLENGE AN AWARD IN LEGAL PROCEEDINGS BEFORE A COURT OR OTHER JUDICIAL AUTHORITY. THE ARBITRATOR SHALL AWARD ALL FEES AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, TO THE PREVAILING PARTY. ANY JUDGMENT RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
YOU MAY CHOOSE TO OPT OUT OF THE AGREEMENT TO ARBITRATE BY MAILING A WRITTEN OPT-OUT NOTICE (“NOTICE”) TO BLAKES. THE NOTICE MUST BE POSTMARKED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THIS AGREEMENT FOR THE FIRST TIME. THE NOTICE MUST BE MAILED TO 17985 ARMADA CENTER, ARMADA, MI 48005 TO THE ATTENTION OF LEGAL DEPARTMENT. THIS PROCEDURE IS THE ONLY MECHANISM BY WHICH YOU CAN OPT OUT OF THE AGREEMENT TO ARBITRATE. OPTING OUT OF THE AGREEMENT TO ARBITRATE HAS NO EFFECT ON ANY OTHER PARTS OF THIS AGREEMENT, OR ANY PREVIOUS OR FUTURE ARBITRATION AGREEMENTS THAT YOU HAVE ENTERED INTO WITH BLAKES.
We and you waive, to the fullest extent permitted by law, the right to bring, or be a class member in, any class action suit relating to any Claim. Therefore, we and you agree that arbitration will be conducted on an individual, not a class-wide, basis, that only we (and our affiliates and our and their respective owners, officers, directors, agents, and employees, as applicable) and you (and your affiliates and your and their respective owners, officers, and directors, as applicable) may be the parties to any arbitration proceeding described in this Section, and that no such arbitration proceeding may be consolidated or joined with another arbitration proceeding involving us and/or any other person. Despite the foregoing or anything to the contrary in this Section, if any court or arbitrator determines that all or any part of the preceding sentence is unenforceable with respect to a Claim that otherwise would be subject to arbitration under this Section, then we and you agree that this Section will not apply to that Claim, and such Claim will be resolved in a judicial proceeding in accordance with Section 17 of the Terms (excluding this Section).
Collection of Personal Information
In general, you can visit this website without identifying who you are or revealing any information about yourself. Information collected online can generally be categorized as anonymous or personally identifiable. Anonymous information is information that cannot be connected to the identity of a specific individual. Personally identifiable information is information that specifically identifies a particular user, such as name, address, or phone number. An example of anonymous information is the fact that, while this website may record the number of visits to a particular page that occur in a given period of time, it does not necessarily tell us the names or other identifying information of every visitor. Many users of this website will choose not to provide any personally identifiable information; therefore, those individuals are anonymous to us, and any data collected about their use of this website is anonymous information.
Blakes policy is to prohibit the unlawful disclosure of your personal information, but BLAKES MAKES NO REPRESENTATION OR WARRANTIES REGARDING THE SECURITY OR PRIVACY OF INFORMATION THAT YOU MAY PROVIDE THROUGH THE SITES.
Blakes has entered into a joint marketing arrangement with our independently owned and operated franchised restaurants and/or food service providers and any information provided by you may be shared with our independently owned franchised restaurants and/or food service providers. Blake’smay contact any individual who has shared personally identifiable information with Blake’sfor sales and marketing purposes, for feedback about Blake’sand its services, or for any other reason logically related to the operation of Blake’sbusiness and agency.
We may supplement the information we collect about you with outside records from third parties (including ordering and delivery services) in order to provide you with information, services, or goods you have requested, to enhance our ability to serve you, and to tailor our content to you. We may combine the information we receive from those other sources with information we collect. In those cases, we will apply this Privacy Statement to the combined information.
Online Technology & Usage Data
When you visit our site, we collect certain technical and routing information about your computer. For example, we log environmental variables such as browser type, operating system and CPU speed, and the Internet Protocol (IP) address of your originating Internet Service Provider, to try to bring you the best possible service. We also record search requests and results to try to ensure the accuracy and efficiency of our search engine. We use your IP address to track your use of the site, including pages visited and the time spent on each page. We collect this information and use it to measure the use of this website and to improve its content and performance. All of the information that is automatically submitted to us by your browser is considered anonymous information. To the extent we share such information with third parties, it is not traceable to any particular user and will not be used to contact you.
Mobile Devices & Device Information
Blakes technology may also collect Device Information from you. “Device Information” includes:
• the unique identifier (“Device Identifier”) for any computer, mobile phone, tablet or other device (any of which are referred to herein as a “Device”) used to access a Site or through use of the Blake’s Rewards mobile app. A Device Identifier is a number that is automatically assigned to your Device, and our servers identify your Device by its Device Identifier;
• Some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the Device used to access a Site or through use of the Blake’s Rewards mobile app;
• Your hardware model, operating system information, along with versions, software, language preferences, device motion information, and mobile network information.
Personally Identifiable Information
We collect personally identifiable information only for providing the services you request, generating statistical studies, conducting marketing research, improving products and services, sending you surveys, and notifying you of new products and any other changes to our site or services that may affect you. When you submit personally identifiable information to us, you understand that you are agreeing to allow us to access, store, and use that information for those purposes.
We will not sell or give any personally identifiable information to any third parties.
Blakes shares PI Info of retail customers (including customers of Blakes customers) – including name, purchase history, and last four digits of credit card – with analytics and marketing companies to help us learn about our customers and their preferences and provide tailored offers and advertising. These analytics and marketing companies may combine and enhance this personal information with other information such companies have – like demographic or psychographic information, other purchasing information, and contact information – to help provide analytics or advertising services.
Blakes shares PI Info of retail customers (including customers of Blakes customers) – including name, purchase history, and last four digits of credit card – with a registered 3rd party data broker. This 3rd Party allows its clients to anonymously individualize purchases, providing Blakes with customers’ purchase history, demographics, location, spend, and other calculated attributes derived from this data (“Company Features).
If you wish to change PI Info that you have provided Blakes, please see the “Contact Blakes” section below.
Blake’swill not recognize Web browser “do not track” signals. If you would like additional information about online tracking and various opt-out mechanisms, please see https://youradchoices.com
Because Blakes links to social media sites, and from time to time may include third-party advertisements, other parties may collect your PI Info about your online activities over time and across different web sites when you visit a Site.
Please note that not all tracking will stop even if you delete cookies.
Analytics and Advertisements
Blakes uses no encryption (data scrambling) on the Sites. When you are on any website that asks you for confidential information, you should check to see if the information being transmitted is encrypted in order to increase the security of your information. Keep in mind that there is no such thing as perfect security.
Children’s Online Privacy Protection Act (“COPPA”)
We make no active effort to collect personal information from children under the age of 13 and do not wish to receive any such information.
If you want to “opt-out” of being contacted by Blake’s after you have shared your information, or you wish to correct the information you have provided, we ask that you tell us, you may do so in one of three (3) ways:
(1) Send us an email addressed to firstname.lastname@example.org and indicating in the subject line “No Offers or Emails”;
(2) Call (586)784-9463 and ask to speak to Customer Service; or
(3) Follow the opt-out instructions at the bottom of any marketing e-mail from Blakes.
We operate secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the personally identifiable information provided by our users. We do not, however, guarantee that unauthorized, inadvertent disclosure will never occur.
If you wish to contact Blakes to correct, amend, or delete information (if Blakes is holding on to your information as explained above), about Privacy related issues or for any reason at all, you may do so by contacting Blakes Customer Service at:
Blake’s Family of Companies
17985 Armada Center Road
Armada, MI 48005
Email to: email@example.com
Phone to: (586) 784-9463 and ask to speak to Customer Service.
Transfer of Customer Information
Customer lists and information are properly considered assets of a business. Accordingly, if we merge with another entity or if we sell our assets to another entity, our customer lists and information, including personally identifiable information you have provided us, would be included among the assets that would be transferred.
Linking Policy and Disclaimer of Endorsement
Blakes may link to other web sites created and maintained by other public and/or private organizations. Blakes provides links to these sites as a service to our users. The presence of a link does not constitute Blakes endorsement of such site.
When users follow a link to an outside web site, they are leaving Blakes and are subject to the policies of the owners/sponsors of the outside website(s). Blakes is not responsible for the information collection practices of non-Blakes sites.
Applicable laws may give you additional rights that are not described in this online privacy statement.
Date Last Updated: November 1, 2021