Privacy Policy
The Freight Yard Pub, a restaurant based in North Adams, MA, is committed to protecting your privacy and ensuring that your personal information is handled in a safe and responsible way. Our privacy policy is governed by the laws of the Commonwealth of Massachusetts, the only place where we do business.
This policy outlines how we aim to achieve this and includes the information collected when:
- you use our website.
- you make a booking.
- you make inquiries.
- you are interested in working with us.
Note that when you make a reservation using an online service linked to our website, such as Open Table, or place a take-out order using a service linked to our website, such as Takeout 7, you are governed by their privacy policies. Please be sure to read and agree to those policies before providing information on those linked sites.
Definition of Personal Data
Personal Data means any data that relates to an identifiable person who can be directly/indirectly identified from that data. In this case, it means personal data that you give to us via our site.
By providing your personal data, you agree that we can use your personal data in accordance with this policy. Ensure you understand this policy in its entirety and take your time to read it.
You may be asked to submit personal information about yourself when you make a booking. We will collect this information so we can fulfill your booking request and you may dine at our venue.
When you make a booking or place an order:
The Freight Yard Pub collects information such as:
title
name
e-mail address (used for booking confirmation and post-dining feedback emails)
home or work address
billing information taken for deposits, ticketing, or holding credit card information for
use in the case of no-shows (where applicable)
telephone number
company name
dietary requests
When you dine at The Freight Yard Pub:
marketing responses (where applicable)
survey responses
current and past restaurant reservation details
When you access our sites:
There is “Device Information” about your computer hardware and software that is automatically collected by the Freight Yard Pub. This information can include:
device type (e.g. mobile, computer, laptop, tablet)
cookies
operating system
IP address
browser type
browser information (e.g., type, language, and history)
domain names
access times
settings
referring website addresses
other data about your device to provide the services as otherwise described in this policy.
Location information:
If you use our website, we may receive your generic location (such as city or neighbourhood).
Careers:
You may submit your resume if you’re interested in working for us. This information may include information that you voluntarily provide:
personal details
employment details
education
salary history
other relevant details
We will use this information to assess your application. We may also keep it in our records for future reference.
How is your information used?
Our use of your personal data will always have a lawful basis, either because it is necessary to complete a booking, because you have consented to our use of your personal data (e.g. by subscribing to emails), or because it is in our legitimate interests.
We require the information outlined in the previous section to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
Send you service emails (booking confirmation and post-dining feedback).
Improve our products and services.
Send marketing communications if you have opted in to receive them.
We may use the information to customize the website according to your interests.
We will not sell, distribute, or lease your personal information to third parties. Any personal information we request from you will be safeguarded under current legislation.
We will only share your information with companies if necessary to deliver services on our behalf. For example service providers (e.g. Open Table and TakeOut7 for the provision of online bookings), third-party payment processors, and other third parties to provide our Sites and fulfill your requests, and as otherwise consented to by you or as permitted by applicable law.
We may analyze your personal information to create a profile of your interests and preferences so that we can contact you with information relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively.
Use of ‘cookies’
Like many other websites, we use cookies. We use them to help you personalize your online experience.
A cookie is a text file that is placed on your hard disk by a web page server which allows the website to recognize you when you visit. Cookies only collect data about browsing actions and patterns and do not identify you as an individual.
We use cookies for the following purposes:
Performance and analytics: cookies help us analyze how the services are being accessed and used, and enable us to track the performance of the services. For example, we use cookies to determine if you viewed a page or opened an email. This helps us provide you with the information that you find interesting. We also use cookies to provide insights regarding your End Users and your sites’ performance, such as page views, conversion rates, device information, visitor IP addresses, and referral sites.
Third Parties: Third Party services may use cookies to help you sign into their services from our services. We also use third-party cookies, such as Google Analytics, to assist with analyzing performance. Any third party cookie usage is governed by the privacy policy of the third party placing the cookie.
Opting Out: You can set your browser to not accept cookies, but this may limit your ability to use the services.
Our Site contains links to other websites. Please note that we have no control over how your data is collected, stored, or used by other websites and we advise you to check the privacy policies of any such websites before providing any data to them.
What happens if our business changes hands?
We may, from time to time, expand or reduce our business and this may involve the sale and/or the transfer of control of all or part of our business. Any personal data that you have provided will, where it is relevant to any part of our business that is being transferred, be transferred along with that part. The new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by us.
The Freight Yard Pub may update this privacy policy from time to time without notice.
Terms of Use
Read these WEB SITE TERMS OF USE (“Terms”) carefully.
The Freight Yard Pub makes this Web site (the “Site”), including all screens, information, documents, communications, files, text, graphics (including text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof), software, and products available through the Site (collectively, the “Content”) and all services operated by Freight Yard Pub and third parties through the Site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Freight Yard Pub may publish from time to time (collectively, the “Terms of Use”).
By accessing or using any Site or Content from Freight Yard Pub in any way, including, without limitation, including merely browsing the Site or the downloading of any Content, or you agree to and are bound by the Terms. If you are using the Site on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on your employer’s behalf, and that your employer agrees to indemnify you and Freight Yard Pub for violations of these Terms. If you do not agree to these terms and conditions, you may not use this site and must leave immediately.
We reserve the right to make changes to this site and to these terms of use at any time and without notice, other than posting on this Site. Any such modifications will become effective upon the date they are first posted to this site.
Copyright and Trademark Notice
All Content appearing on this site including graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of Freight Yard Pub, Copyright © 2020 Freight Yard Pub, Inc., unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of Freight Yard Pub.
Freight Yard Pub and the Freight Yard Pub logo are trademarks of Freight Yard Pub, Inc. All other marks, names, and logos mentioned herein are the property of their respective owners.
Not Acceptable Use
You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the screens and/or Content, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software Freight Yard Pub discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership.
You agree that you will not use the Site or its Content to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Freight Yard Pub, a supplier of Freight Yard Pub, or someone else, or spoof Freight Yard Pub’s or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Site; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
Site Content and Information
Our Site and any emails generated due to use of the Site may contain Content, information, advice, text, and other materials that are provided for your convenience and/or enjoyment. You should be aware that the Content may contain errors, omissions, inaccuracies, or outdated information. Freight Yard Pub makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Content and shall not be liable for any lack of the foregoing. Freight Yard Pub provides no assurances that any problems may be resolved with the use of any Content that Freight Yard Pub provides. By furnishing Content, Freight Yard Pub does not grant any licenses to any copyrights, patents or any other intellectual property rights.
Freight Yard Pub reserves the right at any time to modify, suspend or terminate the Site (or any Content or part thereof), and/or your use of or access to them, with or without notice. Freight Yard Pub is not obligated to produce or deliver any previous versions of the Site or any part of its Content. Freight Yard Pub may also delete, or bar access to or use of, all related Content and files. Freight Yard Pub will not be liable to you or any third-party for any modification, suspension, or termination of the Site, or loss of related Content. Freight Yard Pub may amend these Terms at any time by posting the amended terms on this Site.
If you request an email to be sent, Freight Yard Pub cannot guarantee delivery of such email and is not responsible for delays or failure of email communications generated as a result of any activity on this Site.
Descriptions of, or references to, third party products or publications do not imply endorsement of that product or publication. We are not engaged in rendering legal, accounting, or other similar advice or professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
Indemnity
You agree to indemnify and hold Freight Yard Pub, and its subsidiaries, affiliates, officers, partners, agents, co-branders or other business partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of any Freight Yard Pub website, your violation of this Agreement, or your violation of any rights of another.
Third Party Sites
This website may contain hyperlinks to web sites operated by parties other than Freight Yard Pub. This may include hyperlinks to OpenTable and TakeOut7. Such hyperlinks are provided for your convenience only. Freight Yard Pub does not control such web sites and is not responsible for their contents. Freight Yard Pub inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
Privacy
Freight Yard Pub is concerned with protecting your privacy. You may read the most recent published privacy policy statement. This policy may be changed at any time, with or without written notice. All changes to the privacy policy will be posted on this website.
Notification of copyright infringement
Freight Yard Pub respects the copyrights of all. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide Freight Yard Pub ’s Copyright Agent a Notice containing the following elements:
1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
2. a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
3. a description of where the material that you claim is infringing is located on the Freight Yard Pub site;
4. information sufficient to permit Freight Yard Pub to contact you, such as your physical address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Only notices containing all of the above information will be considered. Freight Yard Pub’s Copyright Agent for Notice of claims of copyright infringement can be reached at the address at the bottom of this page.
Disclaimer and Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING ALL CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. FREIGHT YARD PUB SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. FREIGHT YARD PUB MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND/OR ITS CONTENT.
FREIGHT YARD PUB MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY INFORMATON FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL FREIGHT YARD PUB, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FREIGHT YARD PUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
International users
This Site can be accessed from countries around the world and may contain references to Freight Yard Pub products, services, and programs that are not available in your country. These references do not imply that Freight Yard Pub intends to announce such products, services, or programs in your country. Freight Yard Pub complies with the various Export laws of the United States of America. If you are using this information in a prohibited manner or from a country prohibited from use by these laws, you must discontinue use immediately.
The Site is controlled, operated, and administered by Freight Yard Pub from its offices within the United States of America. Freight Yard Pub makes no representation that the Site, or the Content available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Content are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
Language
It is the express wish of the parties and agreed to that the Terms of Use and all related documents have been drawn up in English.
Governing Law, Jurisdiction and Venue
This Agreement is governed by the laws of the Commonwealth of Massachusetts. If, under any circumstances, any dispute or controversy arising out of or relating to or in any way connected with this Agreement shall, notwithstanding the other provisions in the Agreement, be the subject of any court action at law or in equity, such action shall be filed exclusively in the courts of the Commonwealth of Massachusetts or of the United States of America located in the county of Berkshire, Massachusetts. You and Freight Yard Pub irrevocably and unconditionally consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any action, and hereby grants jurisdiction to such courts and to any appellate courts having jurisdiction over appeals from such courts or review of such proceedings. Use this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. In the event any provision of this Agreement shall be deemed unenforceable, void or invalid, such provision shall be modified so as to make it valid and enforceable, and as so modified the entire Agreement shall remain in full force and effect. No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
General
The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between Freight Yard Pub and you with respect to your use of the Site. The section titles and file names used in the Terms are purely for convenience and carry with them no legal or contractual effect.
