FOR USERS OF THE MENU APP
‘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.
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 firstname.lastname@example.org. We will endeavour to delete the App account and the personal data in question.
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.
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).
3.3 ACTIVATION OF THE MENU APPLOCATION 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
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
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.
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 email@example.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
After your account has been deleted, we will anonymise your data unless it is required to fulfil legal obligations or settle disputes.
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.
9. CONTACT DETAILS
MENU Technologies AG