toupp

TERMS & CONDITIONS | PRIVACY POLICY

Last updated: [05/21/20]

1. INTRODUCTION

Welcome to the KRKS Solutions LLC (hereby referred to as the “Menu2Order” “we”, “us”, “our”). Please read these Terms and Conditions (the “T&Cs”) and our Privacy Policy carefully because they govern the use of our website, and application for mobile and handheld devices and our web app (collectively the “Platform”). To make these Terms easier to read, the Platform and our services are collectively called the “Services”.

2. AGREEMENT TO TERMS

By using the Services, you the user (hereinafter referred to as “you” “your” throughout the T&Cs) hereby agree to be bound by these T&Cs.

By accessing and using the Platform, opening an account or by clicking to accept or agree to the T&Cs when this option is made available to you, you accept and agree to be bound and abide by these T&Cs and our Privacy Policy.

3. PRIVACY POLICY

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

4. CHANGES TO TERMS OR SERVICES

We may modify the T&Cs at any time, in our sole discretion. If we do so, we will let you know either by posting the modified T&Cs on the Platform or through other communications. It’s important that you review the T&Cs whenever we modify them because if you continue to use the Services after we have posted modified T&Cs on the Platform, you are indicating that you agree to be bound by the modified T&Cs. If you disagree to be bound by the modified T&Cs, please do not access or use the Services.

5. ACCESS TO THE PLATFORM

5.1 These T&Cs apply to all users of the Platform. The Platform may include content, information or links to third parties or third-party websites. By accepting these T&Cs, you agree to hold us harmless and relieve us from any liability whatsoever arising from your use of information from a third party or your use of any third-party website.

We recommend that before you disclose any personal information to a third party that you first read and accept the third party's privacy policy and terms and conditions of use (if applicable) of their respective website.

5.2 We hereby provide permission for you to access our Platform in accordance with these T&Cs, provided that (i) your use of the Platform is solely for your individual, personal, commercial and non-commercial use, and (2) you will not copy, distribute or publish any part of the Platform other than as may be reasonably necessary to use the Platform for its intended purpose, and (3) you will otherwise comply with the T&Cs.

5.3 You agree not to use or launch, or cause to be used or launched, any automated system or program in connection with the Services, including without limitation, publishing or distributing vouchers or codes, "robots", "spiders", "offline readers" and the like.

5.4 You agree that you shall not to collect or harvest any personally identifiable information from the Platform or use the communication systems provided by the Platform for any commercial solicitation purposes.

5.5 You agree not to solicit for any reason whatsoever any users of the Platform with respect to their submissions to the Platform.

6. THE SERVICES

6.1 The following Services may be available to you through the Platform; (i) View the restaurant menu; (ii) Order food; (iii) Use coupons (subject to availability and expiry); (iv) View any ongoing or future events; (v) Reserve a table; (vi) Create an account.

6.2 Menu2Order is only providing an online place through the Platform, which you can use to communicate with the Restaurant and use the Services. It is agreed that any orders, communications or other transactions made through the Platform is strictly a bipartite contract between you and the restaurant.

6.3 The prices mentioned in the menu, delivery terms, and the cancellations, refunds terms are not set by Menu2Order. These T&Cs provide general guidelines that should be followed only with respect to the cancellations, refunds terms.

6.4 In case you have any complaints with respect to the efficacy of the food, quality or any other such issues, we shall not be liable for redressing your complaints. Our liability only extends with respect to the operation of our Platform.

6.5 All orders you place through the Platform are not fulfilled by us. Menu2Order does not have any control over the same.

6.6 Menu2Order is not responsible for any delays with respect to your order for any reason. Menu2Order is not responsible for providing any refunds to in any case.

6.7 We do not warrant that the coupons available on the Platform will work. The coupons present on the Platform may be removed at any time.

6.8 Menu2Order does not warrant that the events will be as described in the Platform or according to your reasonable expectations.

6.9 We shall not be held liable if you are not able to access or use or access the Services due to any technical error.

7. ELIGIBILITY

7.1 In order to use the Services, you must 1) be at least eighteen (18) years old and able to enter into contracts; 2) complete the registration process; 3) agree to these T&Cs including our Privacy Policy; and 4) provide true, complete, and up to date legal and contact information. If you sign up on behalf of a company or other entity, you represent and warrant that you have the authority to accept these T&Cs on their behalf.

7.2 You may have the option to use the Services as a guest without signing up on the Platform (“Guest”). As a Guest you will be able to use the Services in a limited capacity. Some features available to registered users of the Platform may not be available to Guests.

7.3 By using the Services, you represent and warrant that you will use the Services only for non-commercial purposes.

By using the Services, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Services in a way that violates any laws or regulations. we may refuse service, close accounts of any users, and change eligibility requirements at any time.

8. PAYMENT TERMS

You agree to pay for all products ordered through the Platform using the payment methods mentioned on the Platform and you hereby provide us express authorization to charge the amount(s) due indicated through the Platform using the services of our partner payment service provider(s). Payment of fees shall not be contingent on any events other than the delivery of the ordered food products. If you issue any charge backs with the intent to defraud us, we may immediately cease to provide Services to the Customer. The menu prices or billing methods may be changed at any time. It will be your duty to check any changes in the menu prices or billing methods. It is your responsibility to promptly provide us with any contact or billing information changes or updates (including email address, credit card numbers, etc.). Menu2Order shall not be liable for any fees or additional costs imposed by any payment processors and other service providers on the Platform. Menu2Order does not collect, store or share your credit card information. We shall not be responsible, and we hereby disclaim all liabilities, damages, costs and disputes that may arise in this regard. If you notice that your payment method has been wrongly charged, please contact the applicable payment processor and follow the instruction issued by such payment processor. You may also contact the appropriate authorities in case you feel that you may have been defrauded.

9. ALLERGEN STATEMENT

Foods which may cause allergies include (without limitation) wheat and gluten-based products, dairy products including milk, fish, Crustacean shellfish, peanuts, tree nuts, soybeans, etc. (“Allergens”). Please provide information with respect to any food allergies you may have while placing an order through the Platform (“Allergen Information”). Such Allergen Information can be provided through the “Notes Section” of the Platform. If for any reason, you are unable to provide us Allergen Information, please do not place any orders through the Platform or through any other methods. We shall not be liable for any harm caused to you due to any allergies in case you fail to provide us Allergen information as specified in this Section 9.

10. DELIVERIES

Menu2Order shall not be responsible for delivering any food products you order through the Platform. We, including without limits disclaim all liabilities, claims, disputes and damages that may arise in this regard.

11. CANCELLATIONS, REFUNDS, CHARGEBACKS

Orders once placed through the Platform cannot be cancelled unless otherwise permitted. We, including without limits disclaim all liabilities, claims, disputes and damages that may arise in this regard.

All chargeback dispute needs to settle between merchant and Processor. Menu2Order is not liable of any cancellations, refunds and chargebacks.

12. PERSONAL DATA

To provide you with the Services as mentioned in these T&Cs, it is required that we collect your basic Information which may include (without limits) your name, e-mail address, phone number, your location , your year of birth, (“Personal data”). You agree that your Personal data is collected by us through your consent.

13. INTELLECTUAL PROPERTY

13.1 The Platform contains Intellectual Property of Menu2Order or its affiliates and other service providers in the form of content, graphics, videos, audios, text and any other digital content (“Platform Content”) as applicable. This is an agreement for the use of Platform, and you are not granted a license to any Platform Content under these T&Cs. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform or to Platform Content in any manner other than as expressly permitted in these T&Cs.

13.2 You acknowledge and agree that the Platform, the names and logos and all related product and names, design marks and slogans, and all other material comprising the Platform, are the property of the Menu2Order its affiliates and other service providers as applicable (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written our consent. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in Menu2Order or its affiliates, or the service providers as the case may be.

13.3 It is our policy to limit access to our Services of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your account. If you find that anything on our Services infringes any copyright that you own, or control please contact us using the information provided in Section 26.

14. FEEDBACK

We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at info @ Menu2Order.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

15. CONTENT SUBMISSIONS

The Platform may now or in the future permit the submission of written works, photos, audio files, videos or other communications submitted by you and other users of the Platform ("Submissions") and the hosting, sharing and/or publishing of the Submissions. Once the Submissions are submitted to our Platform, the Submissions become our property. You understand that whether or not such Submissions are published on the Platform, We do not guarantee any confidentiality with respect to any Submissions. You agree that we may publish your name and Submissions on the Platform, advertising, print material or in any other press releases of media items.

16. THIRD PARTY SERVICES.

The Services provided by us may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Services. Also, Platform Content may contain links to other websites, services, or resources on the Internet. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between us and their operators. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.

17. WARRANTY DISCLAIMER.

THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” BASIS. THE USE OF SERVICES AND IS AT THE USER’S SOLE RISK. THE SERVICES AND ARE PROVIDED WITHOUT WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. WE, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES ARE OR WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME, INSTANCE OR LOCATION; (II) ANY DEFECTS MATERIAL OR NOT, OR ERRORS WILL BE CORRECTED; (III) ANY/ALL CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (IV) ANY/ALL INFORMATION IS COMPLETE, ACCURATE, UP-TO-DATE, OR RELIABLE; (V) ANY PARTICULAR SERVICE, CONTENT, OR PRODUCT REFERRED TO IN THE SERVICES IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOUR AND/OR YOUR EMPLOYEES; (VI) THAT RESULTS OF USING THE SERVICES PROVIDED BY US WILL MEET YOUR REQUIREMENTS(VII) THE USE OF THE SERVICES PROVIDED BY US SHALL COMPLY WITH ANY LAWS, RULES, REGULATIONS, REQUIREMENTS, POLICIES, QUALIFICATIONS, OR BEST PRACTICES, INCLUDING BUT NOT LIMITED TO PRIVACY LAWS, PROFESSIONAL LICENSURE, OR REIMBURSEMENT; (VIII) THE USE OF THE SERVICES SHALL NOT RESULT IN LEGAL DUTIES OR LIABILITY. WE DO NOT GUARANTEE IN ANY INSTANCE THAT ANY PARTICULAR CONTENT OR MATERIAL SHALL BE MADE AVAILABLE THROUGH THE SERVICES.

18. INDEMNIFICATION.

You acknowledge and agree that, you shall at all times defend, indemnify, and hold harmless us, our affiliates including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Services; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or personal data; (d) infringement by you (or any third party using your Account or identity in the Services) of any intellectual property or other right of any person or entity; or (e) otherwise in violation of these T&Cs in any way. It is our right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defenses at your expense, including reasonable attorneys’ fees incurred by us.

19. LIMITATION OF LIABILITY.

THE USE OF THE SERVICES OFFERED BY US IS ENTIRELY AT YOUR OWN RISK. IN NO CASE SHALL WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, OR ANY USERS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH REGARDS TO THE SERVICES FOR: (I) ANY LOST PROFITS, LOSS IN REVENUE, LOSS OF GOODWILL, ANY DATA LOSS, LOSS OF USE, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, OTHER INTANGIBLE LOSSES, OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, EXEMPLARY, RELIANCE, PUNITIVE, LIQUIDATED, OR ANY SIMILAR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER (HOWEVER ARISING), (II) ANY, VIRUSES, BUGS, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGIN), (III) ANY PERSONAL INJURY OR HARM, INCLUDING DEATH, WHICH IS CAUSED BY YOUR USE OR MISUSE OF THE SERVICES, (IV) ANY CLAIMS, DEMANDS, OR DAMAGES ARISING OUT OF OR RELATING TO ANY DISPUTE BETWEEN YOU AND ANY OTHER USER OF THE SERVICES, OR (V) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) ANY FEES PAID BY YOU FOR USING OF PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $500. REMEDIES UNDER THESE TERMS OF SERVICE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE T&Cs. NOTHING IN THESE T&Cs SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE T&Cs.

20. GENERAL PROHIBITIONS AND OUR ENFORCEMENT RIGHTS

You agree not to do any of the following:

20.1 Post, upload, publish, submit or transmit any Submission that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.

20.2 Use, display, mirror or frame the Services or any individual element within the Services, our name, any of our trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;

20.3 Access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;

20.4 Attempt to probe, scan or test the vulnerability of any of our systems or network or breach any security or authentication measures;

20.5 Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of of our providers or any other third party (including another user) to protect the Services or Platform Content;

20.6 Attempt to access or search the Services or Platform Content or download Platform Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;

20.7 Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

20.8 Use any meta tags or other hidden text or metadata utilizing our trademark, logo URL or product name without our express written consent;

20.9 Use the Services or Platform Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these T&Cs;

20.10 Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Platform Content to send altered, deceptive or false source-identifying information;

20.11 Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Platform Content;

20.12 Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

20.13 Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

20.14 Impersonate or misrepresent your affiliation with any person or entity;

20.15 Violate any applicable law or regulation; or

20.16 Encourage or enable any other individual to do any of the foregoing.

Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these T&Cs, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Platform Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Platform Content to be objectionable or in violation of these T&Cs. We have the right to investigate violations of these T&Cs or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

21. COPYRIGHT POLICY

We respect copyright law and expect you to do the same. It is our policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

22. TERMINATION

We reserve the right to terminate your access to all or any part of the Services or Platform at any point or time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. You may terminate your Account if you wish to do so by sending an e-mail at info @ Menu2Order.com. Any such termination shall immediately revoke the license granted under these T&Cs, and you shall effective immediately be prohibited from accessing or using the Services or Platform Content for any reason. The provisions of these T&Cs which by their nature should survive termination shall survive.

23. RELEASE

To the maximum extent permissible by applicable law, you hereby absolutely release us and our affiliates as well as all other users of the Services from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence, that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Services, including any disputes which may arise between users and the acts or omissions of third parties.

24. CHOICE OF LAW

The laws of the state of New York, USA will apply to any dispute related to these T&Cs. Any dispute related to the T&Cs, the Privacy Policy, or the Service itself will be decided by the courts in New York, and each party will be subject to the jurisdiction of those courts.

25. MISCELLANEOUS

25.1 Entire agreement and severability. These T&Cs, the Privacy Policy and other documents which are published or may be published from time to time constitute the entire agreement between you and us with regards to the Services. These T&Cs supersede all prior contemporaneous communications and proposals made (whether oral, written or electronic) between you and us with regards to the Services. If any provisions mentioned in these T&Cs are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these T&Cs will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

25.2 Relationship of the parties. You and us are independent contractors. These T&Cs shall not and do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these T&Cs, there are no third-party beneficiaries to the T&Cs. We do not have any special relationship you nor any fiduciary duty.

25.3 Force majeure. We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from (including without limitation): (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, pandemics, terrorism, and governmental action.

25.4 Assignment. You agree that these T&Cs are personal to you, and are not assignable, transferable or sublicensable by you. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.

25.5 Notices. All notices under these T&Cs shall be in writing unless otherwise specified in these T&Cs. Notices to us shall be sent by email to info @ Menu2Order.com. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.

25.6 No waiver. Our failure to enforce any part of these T&Cs shall not constitute a waiver of our right to later enforce that or any other part of these T&Cs. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.

25.7 Interpretation. The headers are provided only to make these T&Cs easier to read and understand.

26. CONTACT.

You may get in touch with us through our website or email us at INFO @ MENU2ORDER.COM

We are delighted that you have shown interest in the services of and KRKS Solutions LLC doing business as Menu2Order (hereby collectively referred to as “we”, “us”, “our”) which are provided via Menu2Order website, mobile application and website application (hereinafter collectively referred to as the “Platform”). Data protection is our utmost priority. The use of the Platform is possible without any indication of personal data; however, if a data subject wants to use special services via our Platform, processing of personal data may become necessary. If the processing of personal data is necessary, and there is no statutory basis for such processing, we generally obtain consent from the data subject.

The processing of personal data, such as the name, address, e-mail address, date of birth, or telephone number of a data subject shall always be in line with the California Consumer Privacy Act (CCPA) and in accordance with the country-specific data protection regulations applicable to us. Utilizing this data protection declaration, we would like to inform the general public of the nature, scope, and purpose of the personal data we collect, use and process. Furthermore, data subjects are informed through this data protection declaration, of the rights to which they are entitled.

As the controller, Menu2Order has implemented numerous technical and organizational measures to ensure the complete protection of personal data processed through this Platform. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed. For this reason, every data subject is free to transfer personal data to us via alternative means, e.g. by telephone.

1.What personal data do we collect about you?

We collect personal data from you when you provide it to us directly and through your use of the Platform. This information may include:

Information you provide to us when you use our Platform (e.g. your name, contact details, and any information which you add to your account profile);
Transaction and billing information (collected via our partner third-party payment processors), if you make any purchases from us or using our Platform (e.g. credit/debit card details and delivery information);
Records of your interactions with us (e.g. if you contact our customer service team, interact with us on social media);
Information you provide us when you enter a competition or participate in a survey;
Information collected automatically, using cookies and other tracking technologies (e.g. which pages you viewed and whether you clicked on a link in one of our email updates). We may also collect information about the device you use to access our Platform; and
Other information necessary to provide the Platform, for example we may access your location if you give us your consent.

2.What do we use this personal data for?

Depending on how you use our Platform, your interactions with us, and the permissions you give us, the purposes for which we use your personal data include:

To fulfill your order and maintain your online account.
To manage and respond to any queries or complaints to our customer service team.
To personalize the Platform to you and show you content we think you will be most interested in, based on your account information, your purchase history and your browsing activity.
To improve and maintain the Platform and monitor its usage.
For market research, e.g. we may contact you for feedback about our products.
To send you marketing messages and show you targeted advertising, where we have your consent or are otherwise permitted to do so.
For security purposes, to investigate fraud and where necessary to protect ourselves and third parties.
To comply with our legal and regulatory obligations.

We rely on the following legal basis, under data protection law, to process your personal data:

Because the processing is necessary to perform a contract with you or take steps prior to entering into a contract with you (e.g. where you have made a purchase with us, our partner third-party payment processors use your personal data to process the payment and subsequently, upon receipt of payment, our partner Restaurants fulfill your order).
Because we have obtained your consent (e.g. where you contact us with a query, where you add optional information to your account profile, or if you consent to receive marketing from us).
We use information about you to tailor your view of the Platform, to make it more interesting and relevant in respect of the products and offers on view.

3.Marketing

Depending upon your marketing preferences, we may use your personal data to send you marketing messages by email, phone or post. Some of these messages may be tailored to you, based on your previous browsing or purchase activity, and other information we hold about you.

If you no longer want to receive marketing communications from us (or would like to opt back in!), you can change your preferences at any time by contacting us via www.Menu2Order.com. Clicking on the ‘unsubscribe’ link in any email, or updating your settings in your account. If you unsubscribe from marketing, please note we may still contact you with service messages from time to time (e.g. order and delivery confirmations, and information about your legal rights).

You may also see ads for our Platform on third party websites, including on social media. These ads may be tailored to you using cookies (which track your web activity, so enable us to serve ads to customers who have visited our Platform). Where you see an ad on social media, this may because we have engaged the social network to show ads to our customers, or users who match the demographic profile of our customers. In some cases, this may involve sharing your email address with the social network. If you no longer want to see tailored ads you can change your cookie and privacy settings on your browser and these third-party websites.

4.Who do we share this personal data with?

We share customers’ personal data with third parties in the following circumstances:

With other companies as necessary to operate the Platform.
With our suppliers and service providers working for us, e.g. payment processors and partner Restaurants.
With our professional and legal advisors.
With third parties engaged in fraud prevention and detection.
With law enforcement or other governmental authorities, e.g. to report a fraud or in response to a lawful request.

If we sell any business assets, the personal data of our customers may be disclosed to a potential buyer. In this event, we will make reasonable attempts to ensure the buyer will be bound by the terms of this Privacy Policy. Otherwise where we have your consent or are otherwise legally permitted to do so.

5.Storage and Retention

We will keep your personal data for as long as we need it for the purposes set out above, and so this period will vary depending on your interactions with us. For example, where you have made a purchase with a Restaurant partnered with us, we will keep a record of your purchase for the period necessary for invoicing, tax and warranty purposes. We may also keep a record of correspondence with you (for example if you have made a complaint about a product) for as long as is necessary to protect us from a legal claim. Where we no longer have a need to keep your information, we will delete it. Please note that where you unsubscribe from our marketing communications, we will keep a record of your email address to ensure we do not send you marketing emails in future.

6.Security

This Platform ensures that data is encrypted when leaving the Platform. This process involves the converting of information or data into a code to prevent unauthorized access. This Platform follows this process and employs secure methods to ensure the protection of all credit and debit card transactions. Encryption methods such as SSL are utilized to protect customer data when in transit to and from this Platform over a secure communications channel.

Whilst we do everything within our power to ensure that personal data is protected at all times from our Platform, we cannot guarantee the security and integrity of the information that has been transmitted to our Platform.

7.Children

Our Platform is not intended for, and should not be used by, children under the age of 18. We do not knowingly collect personal data from children under 18.

8.Cookies

Our Platform uses cookies and similar technologies to provide certain functionality to the Platform, to understand and measure its performance, and to deliver targeted advertising.

9.Your rights

If you are a Consumer under the California Consumer Protection Act you have certain rights in respect of your personal data, including the right to access, portability, non- discrimination, correct and request the erasure of your personal data.

Right to access

You have the right to request Menu2Order to disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive your verifiable request, we will disclose to you:
The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The specific pieces of personal information we collected about you
If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
Sales, identifying the personal information that each category of recipient purchased; and
Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Right to non-discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels.

Right of erasure or deletion

You have the right to request Menu2Order to delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Verifiable Customer Request

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

Contacting us via: https://www.Menu2Order.com/

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

You also have the right to object to your personal data being used for certain purposes, including to send you marketing. See ‘Marketing’ above in clause-3, for more details of how to opt-out of marketing.

We will comply with any requests to exercise your rights in accordance with applicable law. Please be aware, however, that there are a number of limitations to these rights, and there may be circumstances where we are not able to comply with your request. To make any requests regarding your personal data, or if you have any questions or concerns regarding your personal data, you should contact us using the details below. You are also entitled to contact your local supervisory authority for data protection.

10.Payment Method: Data protection provisions about the use of NMI, Authorize.net, PayPal, Square and Card Connect as a payment processor.

On this Platform, the controller has integrated components of NMI, Authorize.net, PayPal, Square and Card Connect. NMI, Authorize.net, PayPal, Square and Card Connect is an online payment service provider. Payments are processed via so-called NMI, Authorize.net, PayPal, Square and Card Connect accounts, which represent virtual private or business accounts. NMI, Authorize.net, PayPal, Square and Card Connect is also able to process virtual payments through credit cards when a user does not have NMI, Authorize.net, PayPal, Square and Card Connect account. NMI, Authorize.net, PayPal, Square and Card Connect account is managed via secured online process , which is why there are no classic account numbers. NMI, Authorize.net, PayPal, Square and Card Connect make it possible to trigger online payments to third parties or to receive payments. NMI, Authorize.net, PayPal, Square and Card Connect also accept trustee functions and offers buyer protection services.

If the data subject chooses NMI, Authorize.net, PayPal, Square and Card Connect as the payment option in the Platform during the ordering process, we automatically transmit the data of the data subject to NMI, Authorize.net, PayPal, Square and Card Connect accordingly. By selecting this payment option, the data subject agrees to the transfer of personal data required for payment processing.

The personal data transmitted to NMI, Authorize.net, PayPal, Square and Card Connect is usually first name, last name, address, email address, IP address, telephone number, mobile phone number, or other data necessary for payment processing. The processing of the purchase contract also requires such personal data, which are in connection with the respective order.

The transmission of the data is aimed at payment processing and fraud prevention. The controller will transfer personal data to NMI, Authorize.net, PayPal, Square and Card Connect, in particular, if a legitimate interest in the transmission is given. The personal data exchanged between NMI, Authorize.net, PayPal, Square and Card Connect and the controller for the processing of the data will be transmitted by NMI, Authorize.net, PayPal, Square and Card Connect to economic credit agencies. This transmission is intended for identity and credit worthiness checks.

NMI, Authorize.net, PayPal, Square and Card Connect will, if necessary, pass on personal data to affiliates and service providers or subcontractors to the extent that this is necessary to fulfill contractual obligations or for data to be processed in the order.

The data subject has the possibility to revoke consent for the handling of personal data at any time from NMI, Authorize.net, PayPal, Square and Card Connect. A revocation shall not have any effect on personal data which must be processed, used or transmitted in accordance with (contractual) payment processing.

The applicable data protection provisions of NMI, Authorize.net, PayPal, Square and Card Connect may be retrieved under their respective websites.

11.Period for which the personal data will be stored

The criteria used to determine the period of storage of personal data is the respective statutory retention period. After expiration of that period, the corresponding data is routinely deleted, as long as it is no longer necessary for the fulfillment of the contract or the initiation of a contract.

12.Provision of personal data as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal data; possible consequences of failure to provide such data

We clarify that the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequence that the contract with the data subject could not be concluded. Before personal data is provided by the data subject, the data subject must contact our Chief Privacy Officer. Our Chief Privacy Officer clarifies to the data subject whether the provision of the personal data is required by law, contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data and the consequences of non-provision of the personal data.

13.Contact Us

If you have any queries on any aspect of our Privacy Policy, please contact us through our website: www.Menu2Order.com

518-900-1406

Merchant App 4.0_tablet Merchant App 4.0_phone