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MENU PRIVACY POLICY

FOR USERS OF THE MENU APP

MENU Technologies AG undertakes to protect the privacy of its users and visitors. The following privacy policy describes the data that MENU Technologies AG (‘MENU’ or ‘we/us’) processes and how we use the data to provide greater benefit for users and visitors to our website www.usemenu.com (‘Website’), our customer apps for users of mobile devices (‘Apps’) and our on-demand services (collectively referred to as ‘Services’). Please read the following provisions carefully in order to learn about our data protection guidelines.

You acknowledge this privacy policy and consent to the processing of personal data by MENU and/or third parties specified in this privacy policy. MENU reserves the right to alter this privacy policy.

If you have any questions related to this privacy policy, please contact us at privacy@usemenu.com.


1. DEFINITIONS

‘User’ refers to a person who uses the Website and/or Apps and/or who has registered with MENU in order to use the Service or for potential use.

‘Participating Restaurant’ refers to third parties that are solely responsible for the gastronomic and restaurant services.

2. GENERAL

MENU never deliberately collects the personal data of children under the age of 18. The App is not intended for use by anyone under the age of 18. If you believe that your under-age child is using the App and therefore providing us with personal data, please contact us at privacy@usemenu.com. We will endeavour to delete the App account and the personal data in question.

The party responsible for the processed personal data is MENU Technologies AG, Dammstrasse 19, 6315 Zug, Switzerland. The Participating Restaurants and other companies may be involved in the processing of data in connection with activities on the Website and/or App and/or in connection with the services described in this privacy policy. The Participating Restaurants and other companies will pursue the purposes described in this privacy policy and comply with the applicable data protection legislation.

We collect and process personal data in a variety of ways. Most personal data is provided voluntarily by the User at the time of creation and/or modification of a user profile and when interacting with or using the Website, Apps and/or Services. For Users of the Apps and/or Services, this includes the following information in particular: Name, email address, password (encrypted), restaurant orders, user agent at registration, IP address, credit card information (not stored by MENU; see section 3.4 below), comments on orders, business email address, people entertained, occasion, signature. The data of the Participating Restaurant comprises name, address, email address, password (encrypted), telephone number, VAT, currency, tip, contact, bank details and employees.

In cases in which you provide us with legally admissible data about other people (e.g. issuance of a receipt or personal data of employees at a Participating Restaurant), you hereby confirm that the relevant personal data and its processing by us as described in this privacy policy comply with data protection legislation. Thus, you must inform the person in question and obtain their consent to the processing of their personal data for the purposes set out in this privacy policy.

Your personal data will be stored by an external provider. This is currently Nine Internet Solutions AG in Zurich, the servers of which are located mainly in Switzerland.

3. WHY DO WE PROCESS YOUR PERSONAL DATA?
3.1 TECHNICAL OPERATION AND FUNCTIONALITY OF THE WEBSITE AND APP

When you visit our Website, our web administrators process your personal data, including technical data such as your IP address, internet history, internet browser and the duration of your visit/session in order to ensure that our Website runs smoothly. Additionally, in certain cases your browser can request your current location in order to optimise your user experience. Our web administrators use this technical data to manage the Website; for example, resolution of technical issues or improvement of access to certain parts of the Website. Thus, we ensure that you continue to find information on the Website quickly and easily.

When you use our App, we process your personal data, including technical data such as your IP address and device type. We use this data to provide the Services, ensure that the App runs correctly, resolve technical issues, provide you with the correct and latest version of the App, and improve features of the App.

3.2 CUSTOMER SERVICES

When you register as a User, we collect your name, email address, password, IP address, device type and your credit card number and expiry date (see above).

We use your personal data and contact information primarily to provide the Services, for communication purposes in connection with your orders and to make announcements relating to the Services; for instance, if our Services are temporarily unavailable due to maintenance work. We use your personal data and registration data to create and administrate your MENU account. We reserve the right to deactivate your account if we suspect that you are using our App to commit fraud or illegal acts, or if you violate our terms of use.

3.3 ACTIVATION OF THE MENU APP
LOCATION INFORMATION

We collect and process location information only in Participating Restaurants and when you use your mobile to place an order through the App, provided that you have granted your prior consent. We use the relevant data to inform the Participating Restaurant where the order has been placed, in order that the service staff can process the order.

PERSONAL INFORMATION

When you place an order through the App, we provide the Participating Restaurant with your first name and/or surname, your order and the table number from which you placed the order, in order that the service staff can process your order.

3.4 PAYMENT PROCESSING

When you register as a User, your credit card data and other personal data will be passed on to and processed by our payment services provider, Braintree Payment Solutions LLC, in order to process payments for orders placed through the App. MENU itself does not collect any credit card information. Braintree Payment Solutions LLC processes data in line with the privacy policy of the company, to which you expressly agree.

3.5 MARKETING

MENU may use your contact data to send you general information about new developments at MENU. You can unsubscribe from these messages at any time.

3.6 COMPILATION OF ADMINISTRATIVE AND STATISTICAL DATA

MENU uses your anonymised, aggregated personal data in order to monitor the features of the Service used most often, analyse patterns of use and determine where we should provide our Services and focus our efforts. We may disclose this information to third parties for statistical purposes and for analysis of the sector.

3.7 COOKIES/GOOGLE ANALYTICS

MENU uses cookies. Cookies are small text files that a website installs on your computer or mobile device when you visit a page or website for the first time. Cookies help us or another company or website to recognise your device when you next visit the website. Cookies work in different ways. For example, cookies enable us to retrieve your settings and interests. Cookies can help us analyse how well our website is working and adjust our content in such a way that you receive information tailored to your interests.

Most browsers can be set not to accept cookies or to notify you when you receive a cookie. In the ‘Help’ section of most browsers, you will find information on how to change your browser settings. If you decide to deactivate and/or delete cookies, please note that some MENU functions may no longer be available.

Furthermore, we use a tool called Google Analytics to collect information about your use of the Website. Google Analytics collects data such as the frequency of visits to the Website, the pages you view and pages you visited before visiting our Website. The information we receive from Google Analytics is used exclusively to improve our Website. Google Analytics collects only the IP address assigned to your computer on the date of your visit to the Website; not your name or other personal data. We do not associate the information collected through Google Analytics with any other personal data. Although Google Analytics installs a permanent cookie through your web browser in order to recognise you when you next visit the Website, no one but Google is able to use the cookie. The use and disclosure of the data collected by Google Analytics about your visits to the Website are subject to the limitations set out by the terms of use of Google Analytics and Google’s privacy policy. Through deactivation of cookies in your browser, you prevent recognition by Google Analytics when you next visit the Website.

4. DISCLOSURE OF YOUR DATA BY US

We may employ various third parties and external companies to render the Services or to enable us to render them, process payments, provide customer support, provide Participating Restaurants with location information, render Website-related services (e.g. maintenance, database management, web analysis and feature improvement) and assist us in analysis of how people use our Services. These third parties have access to your personal data and process it in order to carry out these tasks for us.

As mentioned above, your personal data (with the exception of credit card data) is generally stored and processed by a third-party service provider. This is currently Nine Internet Solutions AG in Zurich, the servers of which are located mainly in Switzerland.

Additionally, please note that some of your orders may be forwarded to Omnivore Technologies Inc., 1191 B Street, Hayward CA 94541, and processed there. As mentioned above, your personal data (in particular your credit card data) will also be passed on to Braintree Payment Solutions, LLC, 222 W Merchandise Mart Plaza, Suite 800, Chicago, IL 60654, and processed there.

For this purpose, your personal data will be transmitted to countries other than Switzerland and processed there, including countries (e.g. the US) that do not have similar data protection legislation as Switzerland. You hereby consent to the transmission and processing of your personal data to/in such countries, in particular the US.

MENU will disclose your personal data in so far as prescribed or required by law; e.g. to justify, assert or defend against legal claims or proceedings, and data concerning your health and/or safety in an emergency.

By using the Website, the Apps and/or the Services, the User agrees to these provisions.

5. YOUR RIGHTS

As a User, you are entitled to information about your personal account. This also concerns information that you have provided to us when placing orders through the App. You can exercise your rights under data protection legislation – e.g. the right to demand that your personal data is corrected or deleted at any time, or the right to object to the processing of your personal data – by sending an email to privacy@usemenu.com or by contacting us at the address specified in section 9. Please enclose a copy of your personal ID card or passport for the purposes of identification.

MENU reserves the right to charge a reasonable administrative fee for the provision of such information if (1) the requested information has already been made available to the User within 12 months of the current query and the User is unable to demonstrate a legitimate interest in the renewed disclosure of the information; (2) the provision of the information would require an exceptionally high amount of work. The fee may not exceed CHF 350.

You may also update your personal data through your MENU account and revoke any consent you have granted.

6. DATA STORAGE

Unless indicated otherwise in this privacy policy, we store your data until you delete your MENU account. If you wish to delete your MENU account or require us to no longer use your data to render services for you, please contact us at privacy@usemenu.com.

After your account has been deleted, we will anonymise your data unless it is required to fulfil legal obligations or settle disputes.

7. SECURITY

MENU has taken reasonable technical and organisational steps to prevent the loss or unauthorised processing of your personal data. For this purpose, your personal data is stored securely in our database; we take standard, economically reasonable security precautions, such as firewalls and SSL (Secure Socket Layers), and physically secure the locations where the data is stored.

However, as effective as our security precautions may be, no security system is infallible. We cannot guarantee the security of our database or that the information you provide to us will not be intercepted over the internet as it is transferred to us. The transfer of your data to MENU is always at your own risk. We recommend that you do not share your password with anyone.

8. CHANGES TO THIS PRIVACY POLICY

We may update this privacy policy in order to account for changes to our information and data processing procedures. If the changes are significant, we will notify you by email and post an announcement on our Website before they come into effect. Your continued use of the Website and/or App and/or Services constitutes your acknowledgement and acceptance of the updated privacy policy. We recommend that you visit this page regularly in order to learn about changes to our data protection measures.

9. CONTACT DETAILS

privacy@usemenu.com
www.usemenu.com

MENU Technologies AG
Dammstrasse 19
6315 Zug
Switzerland