Privacy

PRIVACY POLICY

This Privacy Policy is incorporated within the Website Terms. All capitalized terms not defined herein shall have the definition provided for in the Website Terms.

We are committed to protecting the privacy of all visitors to the Website, including all visitors or users who access the Website or Service through any web application, mobile application or other platform or device. Please read carefully the following Privacy Policy, which explains how we collect, use and protect the Personal Information (defined below) that we collect about you. As an organization engaged in commercial activities, we are committed to complying with the Personal Information Protection and Electronic Documents Act (Canada) (“PIPEDA”), and with any other Canadian and provincial privacy laws applicable to our operations. By visiting and/or ordering services or using the Website, you acknowledge and agree that you have read and understand this Privacy Policy, and consent to the collection, use and disclosure of your Personal Information under the terms of this Privacy Policy. In most cases, we will ask you to provide explicit consent (through agreeing to a revised version of this Privacy Policy) if we intend to collect, use or disclose your Personal Information otherwise than as indicated in this Privacy Policy, however sometimes your consent may be implied through your conduct with us.

1. INFORMATION THAT WE COLLECT FROM YOU
   1. When you use the Service to make an Order from a Restaurant through the Website you may be asked to provide information about yourself including your name, contact details (such as telephone and mobile numbers and e-mail address), payment information (such as credit or debit card information) and/or other personally identifiable information (the "Personal Information"). Personal Information does not include business information including but limited to a business address, business title, professional designation(s) or business telephone number. We may also collect information about your usage of the Website and the Service, as well as Personal Information about you from the materials (such as messages and Reviews) you post to the Website and the e-mails or letters you send to us. Collection of Personal Information will be limited to that which is necessary for the purposes for which it was provided and/or as provided under this Privacy Policy and will be collected by fair and lawful means.
   2. By accessing Sirved information and/or the Website or the Service using mobile digital routes such as (but not limited to) mobile phones, tablets, laptops or other wireless devices/technology including mobile applications, you acknowledge and agree that our data collection and usage as set out in this Privacy Policy will apply in that context too. We may collect non-personal device information (such as technical information) from your mobile device or your use of the Website or the Service through a mobile device, for example, location data and certain characteristics of, and performance data about, your device, carrier/operating system including device and connection type, IP address, mobile payment methods, interaction with other retail technology such as use of NFC Tags, QR Codes or use of mobile vouchers. This information may be collected and used by us automatically if you use the Website or Service through your mobile device(s) via any Sirved mobile application, through your mobile's browser or otherwise.
   3. We may also collect some personal information through system logs and cookies. For further information on our practices in relation to cookies, please refer to section 4 below.
2. USE OF YOUR PERSONAL INFORMATION
   1. Your Personal Information will enable us to provide you with access to parts of the Website reserved for registered users, to supply the Service and provide feedback and answer your questions if you contact us. It will also enable us to bill you, if applicable, and enable us and/or a Restaurant with whom you have placed an Order to contact you, where necessary, concerning the Service. For example, we and/or the Restaurant may use your information to provide you with status updates or other information regarding your Order by e-mail, telephone, mobile or mobile messaging (e.g. SMS, MMS etc.) and to deliver an Order. We will also use and analyse the Personal Information we collect so that we can administer, support, improve and develop our business, for any other purpose notified to you whether statistical or analytical and to help us prevent fraud. Where appropriate, now and in the future you may have the ability to express your preferences around the use of your data as set out in this Privacy Policy and this may be exercised though your chosen method of using the Service, for example mobile, mobile applications or any representation of the Website.
   2. We may use your Personal Information to contact you for your views on the Service and to notify you occasionally about important changes or developments to the Website or the Service. You cannot opt out of receiving notifications of important changes or developments, including but not limited to changes to this Privacy Policy or the Website Terms, unless you discontinue use of the Website and the Service.
   3. You agree that we may use your Personal Information to let you know about our other products and services that may be of interest to you including but not limited to services that may be the subject of direct marketing and we may contact you to do so by telephone, SMS, as well as by e-mail and social media. It is always your choice whether to continue receiving such marketing materials and updates from Sirved and if you no longer wish to receive such information, you should refer to the unsubscribe process on our Website, newsletter and email communications.
   4. You agree that we may also share Personal Information with third parties, including without limitation those in the food, drink, leisure, marketing and advertising sectors, which may use your Personal Information in order to let you know about goods and services which may be of interest to you (by post, telephone, mobile messaging (e.g. SMS, MMS etc.), social media and/or e-mail) and to help us analyse the information we collect so that we can administer, support, improve and develop our business and services to you. Personal Information shared with such third parties will be used in accordance with such third parties’ own privacy practices which Sirved does not have control over so you should review such privacy practices before agreeing to have your Personal Information shared with such third parties.
   5. If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by using the contact details set out in section 8 below and/or amending the permissions section of your profile accordingly.
   6. Please note that by submitting Reviews regarding the Website, the Service and/or Restaurants, you irrevocably consent to us using such Reviews on the Website and in any marketing or advertising materials without any compensation whatsoever. We will only identify you for this purpose by your first name and the city in which you reside (and any other information that you may from time to time consent to us disclosing).
   7. This Privacy Policy does not apply to other websites that we have linked to our Website. We are not responsible for the content or information collection policies of such websites.
   8. In addition to the other permissions granted herein or otherwise, you grant Sirved permission to use your Personal Information to:
      1. Manage your Account;
      2. Facilitate the Services;
      3. Marketing of Restaurants, Services, and other promotions;
      4. Facilitate analysis of and improvements to the Website;
      5. Aggregate data related to visitation and use of the Website; and
      6. Facilitate the business relationships of Sirved, including without limitation, sale of part or all of our business, joint ventures, and financing of our business.
3. DISCLOSURE OF YOUR PERSONAL INFORMATION
   1. The Personal Information you provide to us will be held on our servers which may be located within or outside Canada, In addition, your Personal Information may be accessed by or given to our staff working outside Canada and/or to third parties including without limitation companies within the Sirved group of companies (which means our subsidiaries and affiliates, our ultimate holding company and its subsidiaries and affiliates) who act for us for the purposes set out in this Privacy Policy or for other purposes notified to you. For example, we may send Personal Information outside of Canada for processing and storage by other companies within the Sirved group of companies or by their third party service providers.
   2. While your Personal Information is out of Canada, it is subject to the laws of the country in which it is held or through which it passes, and may be subject to disclosure to the governments, courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. Certain countries outside Canada do not always have equivalent strong data protection laws irrespective of the safeguards we have put in place for the protection of your information in accordance with this Privacy Policy.
   3. The third parties with whom we share your information may undertake various activities including but not limited to processing credit card payments and providing support services for us. In addition, we may need to provide your Personal Information to any Restaurants that you have placed an Order with so as to allow the Restaurant to process and deliver your Order. By submitting your personal data, you agree to this transfer, storing or processing. We will take reasonable steps to provide that your Personal Information is treated securely and in accordance with this Privacy Policy.
   4. If you have consented we allow selected third parties, including marketing and advertising companies, our affiliates and associates, to contact you about other products or services that may be of interest to you. They may contact you by post, telephone, mobile messaging (e.g. SMS, MMS, etc.) as well as by e-mail or social media. If you change your mind about being contacted by these companies in the future, please let us know by using the contact details set out in section 8 below and/or by amending your profile accordingly.
   5. If our business enters into a business relationship, including without limitation third party financing, joint venture with, purchases or is sold to or merged with another business entity, your Personal Information may be disclosed or transferred to the third party, target company, our new business partners or owners or their advisors provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy and applicable privacy laws by the entity acquiring the information.
   6. We may use the Personal Information that you provide to us if we are under a duty to disclose or share your Personal Information in order to comply with (and/or where we believe we are under a duty to comply with) any applicable legal obligation; or in order to enforce the Website Terms and any other agreement we have with you. This includes exchanging Personal Information with other companies and other organisations for the purposes of fraud protection and prevention.
   7. If we provide your Personal Information to third parties who provide services to us, we will always take commercially reasonable steps to provide that your Personal Information will be treated in accordance with this Privacy Policy.
4. COOKIES
   1. We use cookies to improve the quality of our Website and Service, and to try and make your browsing experience meaningful. When you enter our Website our web server sends a cookie to your computer which allows us to recognise your computer but not specifically who is using it. By associating the identification numbers in the cookies with other customer information when for example you log-in to the Website, then we know that the cookie information relates to you. By using this Website, you consent to our cookie settings and agree that you understand the cookies policy set forth in this section 4, which explains how you can manage your cookie choices and preferences.
   2. Cookies are small pieces of information which are issued to your computer when you visit a website and which store and sometimes track information about your use of the site. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are only used where you ask us to remember your login details for when you next return to the site and will last for a longer duration.
   3. Some of the cookies used by our Website are served by us, and some are served by third parties who are delivering services on our behalf. Most web browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. Please note that by blocking or deleting cookies used on our Website you may not be able to take full advantage of our Website if you do so.
   4. This Privacy Policy provides you with further details about how we use any Personal Information you give us, although not all information captured by using cookies will identify you.
   5. We are continually striving to develop improved ways of managing your cookie preferences. As new technologies and solutions emerge, the cookies policy set forth in this section 4 may be updated to reflect any such advances in technology and preference management tools.
5. SECURITY AND DATA RETENTION
   1. We take technical, administrative and physical security steps designed to protect your Personal Information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. We have implemented procedures designed to limit the dissemination of your Personal Information to only personnel with a business "need-to-know" or whose duties reasonably require such information.
   2. We will keep your information as long as necessary to fulfil the purposes for which that Personal Information was collected, and as permitted or as required by applicable law. We may retain certain data as necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-Personal Information, or account recovery, or if required by applicable law. All retained Personal Information will remain subject to the terms of this Privacy Policy. If you request that your name be removed from our databases, it may not be possible to completely delete all your Personal Information due to technological and legal constraints.
   3. Where you have chosen a password which allows you to access certain parts of the Website, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unless we negligently disclose your password to a third party, we will not be liable for any unauthorised transactions entered into using your name and password.
   4. The transmission of information via the Internet is not completely secure. Although we will take reasonable steps to protect your Personal Information, we cannot guarantee the security of your Personal Information or other data transmitted to the Website; any transmission is at your own risk. Once we have received your Personal Information, we will use reasonable organizational and technical safeguards to try to prevent unauthorised access. Please also note that the Website contains links to third party websites, which are not governed by this Privacy Policy, and Sirved is not responsible for the collection, use or disclosure of Personal Information by such third party websites.
6. ACCESSING AND UPDATING
   1. You have the right to see the Personal Information we hold about you ("Access Request") and to ask us to make any changes to ensure that it is accurate and up to date. Upon receipt of your written request, we will, within a reasonable time, provide you with a copy of your Personal Information, although in certain limited circumstances we may not be able to make all relevant information available to you, such as where that information also pertains to another user. In such circumstances we will provide reasons for the denial to you upon request. We will endeavour to deal with all requests for access and modifications in a timely manner. We will advise you in writing if we cannot meet your requests within this time limit.
   2. If you wish to do this, please contact us using the contact details set out in section 8 below. We will charge you a fee to meet our administrative costs in providing this information to you.
   3. Please note that we may request that you provide sufficient identification before we provide you with the Personal Information that we hold. Any such identifying information shall be used only for this purpose.
7. CHANGES TO OUR PRIVACY POLICY
   1. This Privacy Policy is current as of the date which appears at the bottom of this Privacy Policy. Your continued use of the Website and Service after any change of our Privacy Policy will constitute your acceptance of the revised terms of this Privacy Policy and accordingly, we will treat Personal Information in a manner consistent with the latest applicable version of the Privacy Policy.
   2. Any changes to our Privacy Policy will be posted to the Website.
8. CONTACT
   1. You can help by keeping us informed of any changes such as a change of delivery address for Orders or telephone number. If you would like to access your information, if you have any comments, queries and requests relating to our use of your Personal Information or if you find any errors in our information about you, please contact us at [email protected].
9. WITHDRAWING YOUR CONSENT (DATA DELETION)
   1. Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, use the following options:
      1. Contact us at [email protected]. 
      2. Use the "Delete your account" feature located under "Settings" in your User Profile. Deleting your account will delete all your user data. The action is irreversible.
   2. Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.
10. ADVERTISING
    1. This Site is affiliated with Publisher First, Inc. dba Freestar ("Freestar") for the purposes of placing advertising on the Site, and Freestar will collect and use certain data for advertising purposes. To learn more about Freestar’s data usage, click here.

Date of Privacy Policy: 05, December 2023