This Policy describes the types of information we may collect from you when you access or use the DinersMenu website located at www.dinersmenu.com (the “Site”), access or use the DinersMenu mobile application (the “App”), or when you use or interact with any other products, applications, or features provided by us (collectively, the “Service”), as well as our practices for collecting, using, maintaining, protecting, and disclosing that information. Any capitalized terms used but not defined in this Policy shall be given the meaning ascribed to them in our Terms of Service.
If you do not agree with this Policy, or our other policies and practices, you should not use the Service. This Policy may change from time to time. We will notify you of material changes, but it is your responsibility to check this Policy periodically for updates.
TYPES OF INFORMATION WE COLLECT & HOW WE COLLECT IT
We, along with any third-party companies or individuals with whom we work, may collect information directly and voluntarily from you when you use the Service or contact us directly. We may collect personal information and non-personal Information, depending on how you use the Service and what information you provide to us.
Personal Information. Personal Information is generally any information that can be used to identify you individually, either by itself or in conjunction with other information.
Personal Information we collect may include, without limitation:
• Contact Information, such as your name, phone number, email address, postal address and phone number;
• Account credentials, such as username, password, and similar security information used for authentication and account access;
• Payment data, financial information and billing preferences if you make purchases through the Service (whether as a Restaurant or Restaurant Customer), such as credit card number, security code, and expiration date;
o Payment data may be stored by our payment processors or systems providers, which include but are not limited to, Braintree Payments, Stripe, Authorize.Net, PayPal, Quantum, Square, WorldPay / Vantiv / Mercury Payments, and Spreedly, and you should review each of their privacy policies and contact each payment processor directly to respond to your questions.
• Online identifiers, such as your Internet Protocol (“IP address”), or other device information, when that information is linked to other personal Information or non-personal Information that allows that individual to be identified;
• Demographic or location information, when that information is linked to other personal information or non-personal Information that allows an individual to be identified.
How We Collect Personal Information. We collect personal information described above when you register to use the Service and create an account; place an order to be processed by us and/or a Restaurant who uses the Service to process their customer orders; provide it to us in connection with any transaction related to your use of the Service; email us or send a message through the electronic forms provided on the Site or App; enter a promotion sponsored by us; report a problem with our Service; or respond to polls or surveys distributed for research purposes.
Non-Personal Information. Non-Personal Information includes information that is about you or about your use of the Service but does not identify you personally, such as:
• IP addresses
• Anonymous usage data;
• Referring/exit pages and URLs;
• Browser or platform type;
• Internet connection;
• Equipment used to access the Service;
• Mobile device ID, model, and manufacturer;
• Language preference, referring site;
• Additional websites requested;
• Preferences you submit and preferences that are generated based on data you submit; and
• The date and time of user requests.
*The preceding lists of personal information and non-personal Information we may collect are illustrative, not exhaustive. All information we collect from you depends on how you use and interact with us and the Service.
How We Collect Non-Personal Information. We generally collect non-personal information through automatic data collection technologies, which are described in more detail below.
Automatic Data Collection and How We Use It
We may use automatic data collection technologies and analytics tools (such as Google Analytics and Splunk) to collect information from your device or browser about your equipment, browsing actions, and patterns when you access, use, and interact with the Service. The information we collect automatically is statistical data, and generally does not include personal information. We use this information to maintain the security and operation of the Service, and to gain insights about the functionality and use of the Service in order to improve the Service.
The technologies we use for the automatic data collection described above may include:
Web Beacons. Components of the Service and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Location Information & Information From Other Sources
Location Information. We may, from time to time, track use location through IP logging for security and fraud prevention purposes. Use location may also be tracked in connection with our use of automatic data collection technologies, such as Google Analytics.
Do Not Track Disclosure. You may set your web browser to transmit a “Do Not Track” signal to websites and online services you visit. At this time, we do not respond to or alter our practices when our systems receive a Do Not Track signal from a user’s web browser. For more information on Do Not Track, please visit www.allaboutdnt.com.
Information collected from other sources. We may obtain information about you from other sources, such as public databases, joint marketing partners, as well as from other third parties. Examples of the information we receive from other sources include: social media profile information; marketing leads and search results and links, including paid listings (such as sponsored links). We also use Google Analytics, and Google Analytics Advertising Features, which enables Google Analytics to collect data about your website traffic via Google advertising cookies. You can learn more at this link https://policies.google.com/technologies/partner-sites, and you can opt out of tracking by Google at this link: https://tools.google.com/dlpage/gaoptout/
WE DO NOT COLLECT INFORMATION FROM MINORS
We do not knowingly solicit data from or market to children under 18 years of age. By using the Service, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Site or App. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at [email protected]
HOW WE USE YOUR INFORMATION
We use personal information collected via the Site and App for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests (“Business Purposes”), in order to enter into or perform a contract with you (“Contractual”), with your consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”). We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
To facilitate account creation and logon process with your Consent. We use the information you provide us, such as your contact information, to facilitate account creation and logon.
To confirm and facilitate the processing of orders placed by Restaurant Customers for Business and/or Contractual Purposes. We use the information provided to use by Restaurant Customers, such as your contact information and payment information (like your credit card number), to confirm orders you submit to one or more Restaurants, and to facilitate the processing of orders that you submit to Restaurants through the Service.
To send you marketing and promotional communications for Business Purposes. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt out of our marketing emails at any time by clicking the unsubscribe button at the bottom of the email.
To send administrative information to you for Business Purposes and/or possibly for Contractual Purposes. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
Fulfill and manage your orders for Contractual Purposes. We may use your information to fulfill and manage your orders, payments, and transactions made through the Service.
To post testimonials with your Consent. We post testimonials on our Site or App that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at [email protected] and be sure to include your name, testimonial location, and contact information.
Deliver targeted advertising to you for our Business Purposes. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.
Request Feedback for our Business Purposes. We may use your information to request feedback and to contact you about your use of our Sites or Apps.
To protect our Sites for Business Purposes and/or for Legal Reasons. We may use your information as part of our efforts to keep our Sites or Apps safe and secure (for example, for fraud monitoring and prevention).
To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and/or possibly Contractual Purposes.
To respond to legal requests and prevent harm for Legal Reasons. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Sites or Apps, products, services, marketing and your experience.
HOW WE SHARE INFORMATION WITH OTHERS
We share and disclose your information in the following situations:
Disclosure to Restaurants. If you are a Restaurant Customer and you place an order through the Service or through a Restaurant’s website that relies on the Service to process orders, then your personal information, including payment information, may be viewed and retained by the Restaurant and/or by individuals working for or on behalf of the Restaurant. We share information about Restaurant Customer orders to be processed by or on behalf of each Restaurant in order for the restaurant to process and facilitate the orders. The information we share with Restaurants to facilitate and process your order may include: your name, phone number, order information, payment information (which may include credit card information) and other details about your order. Restaurants may use your information to contact you directly about your order, including to confirm your order or send you updates about the status of your order. We allow Restaurants to export such information outside the Service, so your information may be publicly distributed outside the Service in perpetuity. We expect Restaurants to handle all information in accordance with applicable law and this Policy, but we cannot control how your information is retained and/or used by Restaurant and/or by individuals working for or on behalf of the Restaurant outside of the Service.
Compliance with Laws. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. This applies whether you use the service as a Restaurant or Restaurant Customer. Examples include: payment processing, telecommunications, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Site or App, which will enable them to collect data about how you interact with the Site or App over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. This list is an example of some of our technology providers, but is not exhaustive and is subject to change from time to time. Please contact us if you would like more information.
Disclosure to Restaurants. When you share personal information (for example, by placing an order as a Restaurant Customer), such personal information may be viewed and retained by a Restaurant. We share information about Restaurant Customer orders to be processed by or on behalf of each Restaurant in order for the restaurant to process and facilitate the orders. Our role is that of a service provider for Restaurants, and we do not sell your data to any other third-parties. The information we share with Restaurants to facilitate and process your order may include: your name, phone number, order information, and other details about your order. Restaurants may use your information to contact you directly about your order, including to confirm your order or send you updates about the status of your order. We allow Restaurants to export such information outside the Service, so your information may be publicly distributed outside the Service in perpetuity.
Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company. Any information we share for this purpose will usually be in de-identified form.
With your Consent. We may disclose your personal information for any other purpose with your consent.
OUR DATA RETENTION PRACTICES
In general, we will only retain personal information for as long as you are using the Service or as otherwise needed to provide you the Service or complete other purposes described in this Policy. We may also retain and use your Personal Information as necessary to satisfy any legal requirements, including enforcing our rights and agreements and resolving disputes. We will try to delete your information promptly consistent with these data retention practices. However, there might be some technical delay involved in deleting information from our servers, and backed-up versions might still exist after deletion. In addition, we do not delete any data that has been rendered completely anonymous or maintained in de-identified, aggregated form with data of other users (such as usage trend reports).
To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
OUR DATA SECURITY PRACTICES
We implement security measures designed to protect your information from unauthorized access, use, or disclosure. We protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks, and DinersMenu shall not be responsible for the circumvention of any of the Service’s privacy settings or security measures. If you have an account, we urge you to take steps to keep your account information (username and password) protected from unauthorized use by others. You should only access the services within a secure environment.
YOUR PRIVACY RIGHTS
DinersMenu aims to provide transparency, security, and accessibility when it comes to your personal data.
You may request a copy of your personal data from us at any time. You may also request information regarding: (1) the categories of personal information we have collected about you; (2) the categories of sources of the personal information we have collected about you; (3) the categories of personal information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed; (4) categories of personal information we have sold (as that term is defined by the CCPA) and the categories of third parties to whom the information was sold; and (5) our business or commercial purposes for collecting or selling the personal information.
We will need to verify that you are the individual about whom the requested information relates before we provide specific information to you. If you request a copy of your data, and we can complete the verification process described in more detail below, we will provide you a copy in a structured, electronic format. Please see the section below called “Exercising Your Rights & Request Verification” for more details.
You may also request that your personal data be corrected if you believe it is incorrect or incomplete, or that it be deleted entirely. We will delete your personal data upon your request if you send us a request with a description of the basis for your request; however, we may first restrict processing of your data as permitted under applicable law in order to assess your request prior to any deletion of data.
Finally, you may object to our processing of your personal data, or request that we restrict the processing of your personal data. If you request that we restrict processing of your data, we will stop processing your data, but it may impact our ability to provide the Service to you, and we may still store certain data as permitted under applicable law pending an assessment of your request.
We may not be able to delete your personal data except by also deleting your account, if applicable. We may not be able to accommodate a request to change or delete information if the change would violate any law or legal requirement, or if such change would cause the information to be incorrect. Even if we are able to delete your information that is maintained on our systems, we may not be able to delete the personal data of a Restaurant Customer that was retained by a Restaurant after it was shared with the Restaurant in connection with facilitating and/or processing an order for the Restaurant Customer, and we encourage you to contact all restaurants with which you placed an order at any time in order to request deletion of your information by such restaurants.
You may revoke consent to our processing activities that are based on your consent, if and when applicable. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you are a resident of the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
If you fail to provide personal information when it is required by law or necessary for us to perform our obligations under a contract with you, we may not be able to perform the contract. For example, if you fail to provide us with your billing information to pay for an order through your account, we may not be able to process the order.
California Right to Opt-Out
In addition to the rights described above, you have the right to direct us not to sell your personal information to third parties. The CCPA defines “sale” very broadly, and the transfer of your information to Restaurants to facilitate online orders may be construed as a sale under the CCPA. However, we do not sell your personal information to any third parties other than the Restaurants from which you have directed us to share your information to process an order. Nonetheless, you can “opt out” of the sale of your information by submitting a request in accordance with the instructions below.
Exercising Your Rights & Request Verification
You have the right to non-discrimination, which means we will not charge you different prices or provide different quality of services if you choose to exercise your rights, unless those differences are related to your personal information. In other words, if you are a Restaurant Customer and have requested that we delete your information, then your request inherently limits our ability to process personal information, so we may no longer be able to provide you the Service in order to submit online orders.
You do not need to create an account with us to exercise your rights to opt out, obtain your personal information, or request that we delete your information. However, we may ask you to provide additional personal information so that we can properly identify you to respond to your request. We will only use personal information that you provide in connection with an information and/or deletion request in order to review and comply with your request, and to track compliance with your request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems.
In order to verify any requests you submit to receive or delete your information, we will need you to provide your full name and email address. We may also ask you to confirm one or more Restaurants from which you placed an order and/or for an Order Number. You can submit a request by sending us an email with your name, email address associated with your account, and a brief description regarding your request. Please submit all requests to [email protected] with the subject line “Privacy Request.”
You may also designate an authorized agent to make requests on your behalf. In order to respond to a request from an authorized agent, the authorized agent must provide sufficient evidence to demonstrate that the requestor is an authorized agent with written permission to act on your behalf.
In certain circumstances, we may decline a request described above, particularly if we suspect fraudulent activity and/or if we are unable to verify your identity. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.
How to Make Changes to Your Account and Personal Data
If you maintain an account and would at any time like to review or change the information in your account, or terminate your account, you can do so directly by logging into your account and updating your settings. If you are unable to update or obtain information directly through your account, you can always send us an email request in accordance with the instructions above. Please direct all requests related to your information to [email protected].
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site or App. To opt out of interest-based advertising by advertisers on our Site or App visit http://www.aboutads.info/choices/.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we may still need to send you service related emails that are necessary for the administration and use of your account. To otherwise opt out, you may email us at [email protected]
CALIFORNIA RESIDENTS PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Service, you have the right to request removal of unwanted data that you publicly post on the Service. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Site or App, but please be aware that the data may not be completely or comprehensively removed from our systems.
LINKS TO OTHER WEBSITES AND SERVICES
You have the right to make a complaint at any time to your local data protection authority if you have concerns regarding your rights under applicable law. We would, however, appreciate the chance to address your concerns so please contact us first so that we can discuss a resolution with you directly.
If you have questions or comments about the Service, this Policy, or any of our other policies, you may email us at [email protected]