Effective April 25, 2013

OpenTable, Inc., along with its subsidiaries or affiliated companies ("OpenTable"), is committed to safeguarding your privacy. This Privacy Policy describes OpenTable’s policies and procedures on the collection, use and disclosure of the information collected through OpenTable's websites, which include www.opentable.com, www.opentable.co.uk, www.opentable.jp, www.opentable.de, and mobile applications as well as any other sites owned or operated by OpenTable (hereinafter referred to collectively as the "OpenTable Websites").

Each of the restaurants listed on the OpenTable Websites has adopted OpenTable’s proprietary Electronic Reservation System (“the OpenTable System”) to replace their traditional pen-and-paper reservation books. The OpenTable Websites interact with restaurants’ OpenTable Systems to find available tables, to secure, change or cancel online reservations, and to confirm that reservations were honored. While an individual restaurant’s table inventory is accessible to the OpenTable Websites to perform these functions, other diner information that may be stored by that restaurant (for example, credit card numbers or reminders about diner preferences) is not accessible to the OpenTable Websites. Similarly, the OpenTable Websites pass pertinent information to the OpenTable System in individual restaurants as required to secure or cancel online reservations, for example. However, individual restaurants cannot access any information from the OpenTable Websites. In some instances a restaurant may operate its own website and collect a myriad of diner/user information directly as part of the online reservation process. In those cases, only the information passed directly to the OpenTable Website to complete the transaction is stored by the OpenTable Website (e.g. diner name, phone and email address).

An online reservation may also be made through a restaurant’s website or via an OpenTable affiliate’s web link. Similarly, your personal information is passed through from these sites onto the OpenTable System. If you choose to make a reservation through these channels, you may not be entitled to receive dining points or other benefits as you would as a Registered User through the OpenTable Website.

This document describes how OpenTable Website user information is collected, stored, used and, in specific instances, shared with restaurants via their OpenTable System.

Information you will be asked to provide when using the OpenTable Websites:

There are two ways you can make restaurant reservations online using the OpenTable Websites.

Unregistered Users:

As an Unregistered User, you will be asked to provide a name and a telephone number in order to complete the reservation, as you usually would be when making a reservation over the phone. In addition, you will be asked to provide an email address to which OpenTable will send automated service messages pertaining to your reservation. Unless you have consented to receive marketing communications from either OpenTable or from restaurants at which you've made online reservations, OpenTable will not send marketing communications to this email. Unregistered Users cannot earn OpenTable Dining Rewards points or save their dining preferences for future visits.

Registered Users:

If you choose to register with OpenTable (become a Registered User) in order to take advantage of OpenTable's Dining Rewards program and other benefits, you will be asked to provide a name, a telephone number, an email address, a password of your choice and your primary dining city and/or zip code. You may choose not to receive marketing communications from OpenTable or from the restaurant at which you've made an online reservation, other than automated service messages pertaining to your reservation.

Registered OpenTable users may automatically receive "VIP" status if they honor twelve or more reservations made through the OpenTable Websites during the current or previous calendar year. OpenTable VIP users are identified as VIPs to restaurants with which they make reservations using OpenTable so that restaurants may reward these frequent diners with special services if they so choose. Restaurants cannot access the dining histories of OpenTable VIP users other than diners' histories in their specific restaurant or restaurant group.

For select restaurants and/or holidays, a valid credit card number may be required to secure a reservation through the OpenTable Websites. In either case the credit card information will be shared with the restaurant at which the reservation is being made, just as would occur with a phone reservation requiring credit card information. In addition, a credit card may be required in order to make purchases from OpenTable websites. All such credit card transactions are either fully encrypted by OpenTable and certified by Verisign ^® or stored by a trusted third party. The third party credit card vendor is prohibited from using this information for any purpose other than storing the credit card.

Users outside of the United States should understand that all information shared during the registration and reservation processes is sent to and stored on secure servers that are located in the United States. The United States has data protection laws that may not be consistent with those of other countries. If OpenTable transfers your information outside of your host country, OpenTable will take steps to ensure that your privacy rights continue to be protected.

What information is accessible to restaurants:

When you make a restaurant reservation using the OpenTable Websites, your name and telephone number are provided to that restaurant, just as would occur if you were making a reservation over the phone. Your email address is not provided to that restaurant unless you specifically indicate that you are interested in receiving emails from that restaurant. You also have the option of providing special preferences or comments regarding your reservation, which OpenTable will pass on to that restaurant.

OpenTable will only share the information specified above with the restaurant at which you have made reservations using the OpenTable Websites. Restaurants cannot use their OpenTable System to access information pertaining to diners or dining histories from other restaurants, with the exception that restaurants under the same corporate ownership may elect to share diner information between restaurant properties.

Restaurants may receive summary reports of feedback from recent diners. If you provide comments about a restaurant (via the Dining Feedback Form, described below) these will be shared with that restaurant anonymously. However there is the potential that a restaurant may associate a particular feedback with your dining reservation. You may choose not to be anonymous while submitting your comments if you specify your identity or provide contact information such as an email address for the restaurant to use in response to your feedback.

Email from OpenTable:

OpenTable sends automated service messages pertaining to upcoming or recent restaurant reservations, such as confirmations, reminders, and/or invitations to provide diner feedback. While you cannot unsubscribe from all service messages, you may select not to receive future diner feedback invitation emails by following the "unsubscribe" instructions provided.

Where you have consented to receive marketing communications from OpenTable, you may from time to time receive communications relating to special offers and/or OpenTable dining recommendations. You may unsubscribe from the OpenTable email list at any time by following the directions provided in the email communications, by replying to the marketing communications with "Unsubscribe" in the subject line, or by visiting your Profile page and choosing to opt out from receiving marketing communications.

Email from restaurants:

You may also consent to receive marketing communications from the restaurant at which you've made a reservation. OpenTable plays no role in the content, frequency, timing or unsubscription process of any restaurant's marketing communications. If you would like to unsubscribe from a restaurant's marketing communications, please contact the appropriate restaurant directly.

Mobile:

When you visit or use the OpenTable Websites on a mobile device, OpenTable may collect information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services and information, as well as to produce aggregate statistical data for the improvement of services offered by the OpenTable Websites. We outsource some of our technical, tracking and reporting functions, and other services to third parties. We may share information from or about you with them so that they can perform their services. Most mobile devices allow you to turn off location services. For more information about how to do this, please contact your mobile service carrier or your device manufacturer.

Social Media

You can choose to access certain third party social media web sites and services through the OpenTable Websites. When you do so, you are sharing information with those sites, and the information you share will be governed by their privacy policies. You can modify your privacy settings with those third parties directly. OpenTable does not control the privacy policies of such third parties and assumes no responsibility or liability for the actions of such third parties.

Purposes of use of your personal information:

OpenTable may use your personal information for the following purposes:

1. to secure your reservation at the OpenTable restaurant you've selected, by providing your name and contact phone number to that restaurant,
   
   
2. to provide you with dining gift certificates and other products and services of the OpenTable Websites,
   
   
3. to provide you with information about the services of the OpenTable Websites,
   
   
4. to provide services which Registered Users are entitled to under applicable terms and conditions,
   
   
5. to produce aggregate statistical data for the improvement of services offered by the OpenTable Websites,
   
   
6. to provide you with restaurant recommendations based on your dining history,
   
   
7. for any other purposes related to those above.
   
   

Viewing your profile and changing your personal information:

Once a Registered User logs on to the OpenTable Websites, that user can view his or her personal information stored by OpenTable by clicking on the "My Profile" link at the top of the page. In addition to being able to view your recent OpenTable reservation history and Dining Feedback submissions, every user may also view and change the following personal information: name, email address, password, phone number, primary dining city, birthday (if it has been provided by the user), address (if it has been provided by the user), special requests that should be forwarded to restaurants when making reservations (if they have been provided by the user), and whether that user would like to receive marketing communications from OpenTable. A user may also be eligible to provide and share restaurant notes and feedback for some past reservations that have been honored. The user at any time may contact OpenTable to request that all personal information be deactivated.

Cookies, web beacons and logging:

Log-in areas on the OpenTable Websites require that your browser accept cookies. A cookie is a small amount of information that is sent from a web server to your browser and stored on your computer's hard drive. OpenTable uses cookies to verify that you are properly signed in, to display information for your primary dining location, and to highlight your pending reservations, for example. OpenTable may also use cookies from time to time to measure your response to new aspects of the websites and/or emails in an effort to continually improve customer service and website usability. Please be aware that a cookie cannot spread computer viruses, retrieve any other data from your hard drive, or capture your email address.

You can erase or block cookies from your computer if you wish to do so (your internet browser help screen or manual will thoroughly explain this process), but certain OpenTable services, as well as parts of the website, may not work correctly or will not work at all if your browser is set not to accept cookies.

Web pages may contain electronic images (called a "single-pixel GIF" or "web beacon") that are used to count users who have visited that page, or to access certain cookies.

How OpenTable uses your personal information:

 

OpenTablewill never sell, rent, loan or otherwise distribute any of your personal information (including but not limited to your name, email address, phone number or any other identifiable information about you) to any third party without your prior express written consent or except as described in this Privacy Policy.  OpenTable does pass certain information on to restaurants at which you make reservations as described above.    In addition, OpenTable also provides personal information to its affiliates or other trusted businesses or persons to process it for OpenTable, based on OpenTable’s instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.

OpenTable uses aggregate data (based partly on IP addresses of website visitors) collected through its website to analyzewebsite usability, system performance and usage trends. While this data, in its aggregate form only, may be shared with third parties with whom OpenTableworks to analyzeit, the data will only be shared under the strictest terms of confidentiality.

Specifically, through an association with a company named Omniture, Inc. ("Omniture"), OpenTablemay use web beacons and the SiteCatalyst Analytics auditing software to track page views and entry and exit points to and from OpenTableWebsites. Omniture may place and analyzethe cookies on your internet browser to help determine the effectiveness of OpenTableadvertising and marketing campaigns. Thedata collected will only be used in an aggregate form and will not contain any personally identifiable information, and only OpenTableand Omniture will have access to this aggregate data. Omniture is legally bound to OpenTableunder strict confidentiality provisions and will never share any of this data with any third party or use this information for any other purpose not described herein. You may choose to opt-out of Omniture's analysis of your browsing behavior on the OpenTableWebsites. To learn more about Omniture, the SiteCatalyst Analytics software or to exercise your opt-out choices, please visit http://www.omniture.com/en/company/acquisitions/visualsciences/privacy/policy.

In addition, through an association with a company named Silverpop, OpenTableuses web beacons and cookies to monitor behavior with respect to email sent by OpenTableto Registered Users who have opted to receive email from OpenTable.

If you choose to provide feedback on your dining experience by completing a Dining Feedback Form, any feedback you provide may be shared with other diners to enhance information on the OpenTableWebsites and/or with restaurants to let restaurants know how they are doing. Your feedback will not be publicizedin a way that is attributable to you by name, email address, or any other identifiable form unless you choose to provide that information within the Dining Feedback Form itself, use functions that enable you to send your Dining Feedback Form to others, or make the information public on any portions of your registered-user Profile. However, there is the potential that a restaurant may associate a particular feedback with your dining reservation and other reviews you have written. 

Notwithstanding anything to the contrary in this privacy policy, OpenTable may be required to disclose user and personal information in response to inquiries by formal law enforcement, or in cases permitted by the United State's CAN-SPAM Act of 2003 (CAN-SPAM), the European Union's Safe Harbor Provisions ("Safe Harbor"), Japan's Personal Information Protection Act ("PIPA"), or other related privacy laws and regulations.

How restaurants may use your personal information:

Restaurants in the OpenTable network primarily use diner information provided through the OpenTable Websites to secure the desired reservations. Additionally, as noted above, if the user has given permission to a restaurant to send email to that user's address, the restaurant may then contact the diner with special announcements or offers. If permission is not given, the user's email address will not be passed on to the restaurant.

OpenTable restaurants want to provide you with the best possible service so that you will visit them again. One way restaurants can distinguish themselves is by recognizing returning diners and recalling their special preferences. For this reason, a restaurant may use its OpenTable System to take note of your special requests, allergies, special occasions or other pertinent information that will help the restaurant serve you better during your next visit. If a restaurant chooses to note your preferences, that information may be typed into its OpenTable System manually just as a restaurant might write a note on an index card. This data belongs to the restaurant, since it is a product of that restaurant's relationship with you. OpenTable does not access or use this information, and it is not shared with any other OpenTable restaurant or third party, other than, perhaps, a restaurant under the same ownership. OpenTable does create back-up copies of all information stored on the OpenTable System for that restaurant, to assist in the restoration process in the event of data loss.

As specified previously, for select restaurants and/or holidays, you may be required to provide valid credit card information that will be passed on to and handled by the restaurants individually in order to secure the reservation. Please contact the restaurant(s) directly for inquiries on how they will manage your credit card information.

The restaurants within OpenTable's network are separate businesses from OpenTable. While OpenTable encourages them to comply with data protection requirements, OpenTable will not be responsible if these restaurants fail to comply with respect to your information. Any complaints or inquiries regarding use of your information by an OpenTable restaurant, or marketing communications from an OpenTable restaurant, should be addressed directly to the restaurant in question.

Restaurants within the OpenTable network may also have their own websites. OpenTable is not responsible for how these restaurants may collect your personal information through their own websites. Please contact the appropriate restaurant regarding its website's privacy policy (if applicable) and how it will access or use your personal information.

How OpenTable protects your registration information:

OpenTable uses a state-of-the-art multi-layer encryption algorithm and makes its best efforts to ensure that all of your user information is secure. In addition, OpenTable stores all of your personal information on a secure server. OpenTable employs a staff that regularly maintains the security of all personal information stored, and that continually monitors and implements changes and improvements that become available in the electronic data security industry.

Changes to OpenTable's privacy policy:

Any changes to OpenTable's privacy policy will always be posted to this section of the website, along with the effective date of the new policy. All users should check this privacy policy page periodically to stay abreast of any such changes. OpenTable will never make changes to its privacy policy that violate any applicable privacy laws, including CAN-SPAM, Safe Harbor, PIPA, or other commercial privacy standards. For any material changes to the privacy policy (in situations where OpenTable changes the manner in which we handle your personal information), we will notify you via email or by placing a prominent notice on the homepage of our website.

Disclosure, correction, suspension of use of personal information:

If you wish to have OpenTable disclose to you the personal information held by OpenTable and the means through which OpenTable obtained such information, or if you desire the information's correction, suspension of use, or to be informed of the purpose of use by OpenTable, please contact OpenTable. (Contact information is provided in the "Contacting OpenTable" section below.) Upon receiving the request, OpenTable shall meet such request pursuant to the provisions of each applicable privacy regulation after it confirms that such request has been made by you personally.

Contacting OpenTable:

United States and Europe

For questions regarding how to access and change your personal information visit http://www.opentable.com/ or contact customer support at 1-800-OPENTABLE .

For questions or opinions on OpenTable's privacy policy, contact OpenTable via email at http://support.opentable.com/ or by mail at: OpenTable, Attn: Legal Department, 1 Montgomery St, Suite 700, San Francisco, CA 94104

Japan

For questions regarding Privacy Policy and information regarding Personal Information Protection Statement, visit http://www.opentable.jp/info/pipstatement.aspx.

Safe Harbor Program

OpenTable is a participant in the U.S.-EU Safe Harbor program and the U.S.-Swiss Safe Harbor program.  We have certified that we adhere to the U.S.-EU Safe Harbor Privacy Principles and U.S.-Swiss Safe Harbor Privacy Principles. For more information about the Safe Harbor program and to view our certification, visit the U.S. Department of Commerce’s Safe Harbor Web site.

We self-certify compliance with:

BBB Safe Harbor Privacy Dispute Resolution

In compliance with the U.S.-EU Safe Harbor Privacy Principles and U.S.-Swiss Safe Harbor Privacy Principles, OpenTable commits to resolve complaints about your privacy and our collection or use of your personal information.  European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact OpenTable via email at info@opentable.com or by mail at: OpenTable, Attn: Legal Department, 1 Montgomery St, Suite 700, San Francisco, CA 94104.

OpenTable has further committed to refer unresolved privacy complaints under the U.S.-EU Safe Harbor Privacy Principles and U.S.-Swiss Safe Harbor Privacy Principles to an independent dispute resolution mechanism, the BBB EU SAFE HARBOR, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by OpenTable, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

NOTICE TO CALIFORNIA RESIDENTS

Your California Privacy Rights (As Provided by California Civil Code section 1798.83).

A California resident who has provided Personal Data to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California Customer”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes, subject to certain exceptions. In general, again, subject to certain exceptions, if the business has made such a disclosure of Personal Data, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom Personal Data was disclosed in the preceding calendar year, as well as a list of the categories of Personal Data that were disclosed. Under the exceptions, OpenTable may instead provide California Customers a cost free means to opt-out of these disclosures. Any customer may request to opt-out of these disclosures by contacting OpenTable as described above. California Customers may also request further information about our compliance with this law by contacting us at our address below.