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Diner Privacy Policy

Version 1.2 — pending review by counsel. English translation of the Política de Privacidad para Comensales; if the two differ, the Spanish version prevails.

Last updated: October 11, 2026

In short

  • Your customer account belongs to Orbexa. With a single account you can use every restaurant on the platform, and Orbexa is the controller of that account.
  • What happens at each restaurant belongs to that restaurant. Your bookings, your orders, your points and the profile the restaurant keeps about you are used by that restaurant to serve you: it is the controller of that data, and Orbexa stores it on its behalf.
  • Your allergies are used for your food safety, with your express consent. Who sees them is explained in section 4.
  • We do not sell your data or share it with third parties for advertising. You will only receive promotions if you agree to them separately.
  • You can ask to see, correct or delete your data at any time, free of charge.

1. Who processes your data

1.1. Orbexa, for your customer account. 3-101-966126 Sociedad Anónima (a Costa Rican corporation, corporate ID 3-101-966126), domiciled in Tibás, provincia de San José, Costa Rica, operates the Orbexa platform and is the controller of your customer account: the registration, your email, your name, your phone number, your password, your sessions, your acceptance of the terms and the link between your account and each restaurant where you use it. It is a single account for the whole platform.

1.2. Each restaurant, for what it processes in its service. When you book, join a waitlist, order from a QR code, join a loyalty program or leave a review at a restaurant that uses Orbexa, the controller of that data is that restaurant: the one whose name appears on the page, menu or code where you wrote. It decides how it uses the data to serve you, and keeps a profile about you that only it can see. For that data, Orbexa is its processor: it stores and processes it on the restaurant's behalf, under its instructions and with confidentiality and security obligations.

1.3. This policy explains how both kinds of processing work on the platform. The restaurant may also have its own policy; if it does, both apply.

2. What data is collected

  • Your customer account, if you create one: name, email, phone (optional) and password, stored in a way that nobody, including the restaurant and Orbexa, can read.
  • Bookings and waitlist: name, phone, email, date, time, party size and any notes you add.
  • QR orders: the name you give, the items ordered, the table, the amounts and any notes you add.
  • The profile each restaurant keeps: your visits, your purchases, your no-shows, staff notes and tags, your loyalty points and, if you share them, your allergies and dietary restrictions, the dates you want to celebrate (type, month and day; the year only for an anniversary, if you give it) and your preferences (for example, about seating or service).
  • Reviews and messages you send to the restaurant.
  • Communication preferences, including whether you agreed to receive promotions from each restaurant.
  • Minimal technical data needed for the site to work securely: essential session cookies and security logs.

The site does not use third-party advertising or tracking cookies.

3. What it is used for

3.1. By Orbexa, to create and maintain your account, authenticate you, protect it against improper access, let you use it at each restaurant and meet legal obligations.

3.2. By each restaurant, to:

  • a) manage your booking, your place on the waitlist or your order, and notify you of changes;
  • b) prepare and serve your order safely, and charge for it;
  • c) manage your points and rewards, if you joined the loyalty program;
  • d) serve you better based on your history, your preferences and the dates you want to celebrate;
  • e) handle your reviews, questions and complaints;
  • f) send you promotions, only if you agreed.

3.3. It is not used for automated decisions that affect you, and it is not sold. The profile one restaurant keeps is not visible to any other restaurant.

4. Allergies and other health data

4.1. An allergy or a dietary restriction is health data, that is, sensitive data. You are not required to provide it. You can tell the staff in person when you arrive, which is always the safest option.

4.2. What for: for your food safety, that is, to prepare and serve your food without putting your health at risk. The restaurant undertakes not to use it for promotions or commercial profiles. The filter for customers with an allergy or intolerance is operational only, to prepare the service safely, and only staff with that permission can use it; the platform's campaigns and promotions do not use that data.

4.3. With your express consent. When the diner writes their allergy while booking or ordering, the platform saves it on their profile at that restaurant only if they tick a separate box, which comes unticked, while signed in to their customer account, and it records which text they accepted and when. Without that box, the allergy travels only in the note of that visit. If the staff record it because the diner told them in person, the profile keeps that origin and marks it as health data. The diner can see and delete their allergies under «My allergies» in their account, and deleting them withdraws their consent. If you write it in a booking or order note, you provide it by your own choice and for that service.

4.4. Who sees it: On the diner's profile (also when opened from a booking) and in the export of the customer book, it is seen by the restaurant staff who have both the health data permission and the permission to view customers or bookings, which the restaurant assigns by role; with the default roles, the owner, administrators, collaborators, managers, the host and the waiters. Read-only profiles, the kitchen, the cashier, the floor manager and human resources do not see it on the profile. The allergy the diner writes when ordering also travels in the note of the order; with the default roles, it is seen by the owner, administrators, managers, the waiters, the cashier and the kitchen, which receives it next to each dish of the order. The one written when booking travels in the note of the booking; with the default roles, it is seen by the owner, administrators, collaborators, managers, the host, the waiters, the cashier and the kitchen, which receives it on the ticket of the bill. Staff without the health data permission see those notes with the allergy hidden in the booking and in the order, but the copy of the order note that goes with each dish shows it in full to whoever can see those orders or the preparation screen. The kitchen also sees, on each order, the note of each dish and the allergen marks in order to prepare it. Even so, the diner should also tell the staff about the allergy in person. Each restaurant sees only what was recorded in its own service. Orbexa does not use that data.

4.5. You can ask at any time for it to be corrected or deleted. Write only what is necessary (for example, "no peanuts" or "shellfish allergy") and also tell the staff: written data does not replace confirming in person.

5. If you do not want to provide your data

The fields marked as required in each form are those needed to serve you (for example, a name and a phone number to hold your booking). If you do not provide them, the restaurant cannot take that booking or order through the platform, but you can do so in person or by phone. All other fields are optional, and so is creating an account.

6. Who else sees it

6.1. The restaurant's staff according to the roles and permissions the restaurant assigns, including those who prepare and charge for your orders, and only at that restaurant; who sees your allergies, on the profile and in the note of each visit, is explained in section 4.4.

6.2. Orbexa and its technology providers, which host and process the data under confidentiality and security obligations: application and database hosting (Render; any earlier copy of the database left at Neon, the previous provider, is kept unused until it is deleted), file storage (Cloudflare), email delivery (Resend), once activated, real-time messaging between the register and the kitchen (Pusher) and, only if you agreed to receive notices on your phone and the restaurant turned on WhatsApp notices, the delivery of those notices over WhatsApp (Meta), which receives your number and the text of each notice. To stop receiving them, reply BAJA (or STOP) to the message.

6.3. Authorities, only when the law requires it.

6.4. Nobody else. Your data is not sold or transferred to third parties for their own use.

7. Hosting outside Costa Rica

The technology providers in section 6.2 store the data on servers located in the United States of America. They do so under the same confidentiality and security obligations, and without any right to use it for their own purposes.

8. Promotions

8.1. You will only receive promotions from a restaurant by email or message if you expressly agreed, in a separate box that is never pre-ticked.

8.2. Every message identifies the restaurant and includes a free way to unsubscribe. You can also ask the restaurant or Orbexa directly.

8.3. Messages about your account, your booking or your order (email verification, confirmations, reminders, notices that your table is ready) are not promotions.

9. How long it is kept

9.1. Your account is kept for as long as you keep it. If you close it, it is deleted.

9.2. What each restaurant keeps is kept for as long as it needs it for the purposes in section 3.2 and while it is an Orbexa customer, and never beyond what the law allows.

9.3. When you ask for your data to be deleted, the data we can associate with you through your account, your email or your phone number is deleted from the database. Anything that does not carry your account, your email or your phone number (for example, the nickname you used in a table's shared cart, a request to the staff or an order the restaurant never confirmed, even if it carries the name you wrote) cannot be attributed to you with certainty, so it is not part of that deletion. When a restaurant stops using Orbexa, that restaurant's data is deleted from the database. Regarding backups: while deleted data remains in a backup, it is not used and, if the platform had to be restored from that backup, Orbexa deletes it again; today there is no guaranteed period for it to disappear from every backup.

9.4. Whatever must be kept by law (for example, accounting records of a sale) is kept blocked, only for as long as the law requires, and is not used for anything else.

10. Security

Data travels encrypted, passwords are stored in unreadable form, staff access is limited by the roles the restaurant assigns, changes to the profile and all exports are recorded with who made them (views of the profile are not yet recorded one by one), and each restaurant sees only its own data. Today the database is backed up with dumps that a member of Orbexa's staff runs manually and with the copies the database provider keeps under its own retention policy. Those backups do not yet have a guaranteed automatic deletion period. Orbexa undertakes to implement automatic daily copies, encrypted before leaving the server, stored outside the main provider and with an automatic deletion period of thirty-five (35) days, and will give notice when they are in operation. If an incident affecting your data occurred, you would be informed as required by law.

11. Your rights

11.1. At any time and free of charge, you can:

  • a) find out what data about you is held and why;
  • b) correct it if it is inaccurate or incomplete;
  • c) ask for it to be deleted, including your account;
  • d) withdraw your consent, for example to promotions or to an allergy being stored, without affecting what was done before;
  • e) object to any use that is not needed to serve you.

11.2. How to ask.

  • About your account: to Orbexa, on WhatsApp at +506 7095-8250 or at privacidad@orbexa.studio (mailbox not yet active; in the meantime, write to us on WhatsApp at +506 7095-8250).
  • About what a restaurant keeps: to that restaurant, through the contact details on its site, or to Orbexa through the same channels, giving the restaurant's name. Orbexa forwards your request to the restaurant within the next business day and lets you know it did.

11.3. Deadline. You will receive an answer within five (5) business days of receipt of your request. To protect your data, you may be asked to confirm your identity, for example from the same phone or email as your account or booking.

11.4. Step by step. How to request deletion, the deadline and what the law requires us to keep are explained in the data deletion instructions (in Spanish).

12. If you are not satisfied

If you believe your data was not handled lawfully, you can file a complaint with Costa Rica's data protection authority, the Agencia de Protección de Datos de los Habitantes (PRODHAB), at www.prodhab.go.cr. We would appreciate it if you wrote to us first, so we can try to resolve it.

13. Minors

The forms and accounts are not directed at minors. A minor may only book, order or create an account with the authorization of their legal representative.

14. Changes to this policy

If this policy changes, the new version is published with its date on this same page. If a change affects a consent you gave, you will be asked again.

15. Contact

  • Controller of your account and processor for each restaurant: 3-101-966126 Sociedad Anónima, corporate ID 3-101-966126, Tibás, provincia de San José, Costa Rica.
  • Privacy: privacidad@orbexa.studio (mailbox not yet active; in the meantime, write to us on WhatsApp at +506 7095-8250) · WhatsApp +506 7095-8250
  • Website: https://www.orbexa.studio