Privacy Policy

 

Effective Date: These Terms were last updated on June 5, 2020.

We at Burbowl® Franchise Holdings LLC (“Burbowl®” “we” “us” or “our”) respect your privacy and are committed to protecting your personal information. Therefore, we work hard to safeguard your information and have created this Privacy Policy to help you understand what information we collect, why we collect it, and how you can update, manage, and delete your information. This Privacy Policy relates to your use of our website, mobile application, self-order kiosk, on-demand services, and all other services made available to you through your use of the foregoing, including, but not limited to, downloading or logging into our application (the “Services”).

 

  1. General.

The Burbowl® Terms and Conditions (the “Terms”) are incorporated herein by reference. Your use of the Services is subject to the Terms and this Privacy Policy and indicates your consent to them. In this Privacy Policy, the term “personal information” means information which you provide to us which personally identifies you, such as your name, email address, billing information, profile photo, identification number, and all other data which can be reasonably linked to such information by Burbowl®. You can choose to delete any personal information we may have collected about you by contacting us. Please note that MENU Technologies AG (“MENU”) will be our data processor, which is a party you agree that we can share your information with so as to offer you the benefits of our Services.

 

1.1 Role of Burbowl®.

Burbowl® is the Franchisor and as such is also the platform operator of the Services, although as detailed herein, the benefit of these Services inures to you and each franchisee and participating restaurant, not Burbowl®. To that effect, the franchisees and participating restaurants operate the application and the Services independently of the Franchisor. Each of the participating restaurants and franchisees can see the order information you send to them, which includes your personal information, but not Burbowl®. MENU is our service provider and technology supplier, and as such provides the application platform that enables us to provide the Services to you; consequently, MENU will also have access to your personal data.

 

1.2 Independence of Franchisees and Participating Restaurants.

Note, Burbowl® is not a restaurant and accordingly does not offer food, drinks, or otherwise through its Services – that is done through the franchisees and participating restaurants. Burbowl® is just the Franchisor and platform operator for the Services. To that effect, please be advised that any agreement between you and the franchisees or participating restaurants is separate from these Terms and Privacy Policy, and that Burbowl® is not a party, has no obligations therein, and is not bound by any contract with you outside of these Terms. Furthermore, you acknowledge and understand that the franchisees and participating restaurants are not our agents, despite their licensing of our intellectual property. Your continued use of the Services is an acknowledgement and acceptance that neither Burbowl® Franchise Holding, LLC, Burbowl®, nor any of its past, present, or future affiliates or subsidiaries and their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, attorneys, employees, or representatives is a party to any agreement you may enter with an independently owned and Burbowl® location, which is a franchisee or participating restaurant.

 

1.3 Our Data Processor; Third Parties.

Please note that MENU Technologies AG (“MENU”) will be our data processor, which is a party you agree that we can share your information with so as to offer you the benefits of our Services. In addition, Burbowl® and any franchisees and participating restaurants, may be involved in the processing of data that are related to or in connection with the Services. We may use various third parties and external companies to enable or provide the Services to us and for your use, process payments, provide customer support, provide location information to participating restaurants, provide marketing services, and provide website-related services (including, but not limited to, maintenance, database management, web analysis, and improving website functions) or to support us in analyzing the use of our services.

 

1.4 Why we collect.

Your personal information and practices through the use of our Services is collected, analyzed, and shared to us and to third parties in order to best customize, tailor, learn from, analyze, manage, report and optimize the Services. In other words, we use your information to deliver our Services. For example, we collect your information for the purposes of communication with you and our Third Party Providers, support, scheduling, history and location. We also use your information to ensure our services are working as intended, such as tracking outages or troubleshooting issues you report to us. And we use your information to improve the service or to develop new features or services, use data for analytics and measurement to understand how our services are used. For example, we analyze data about your usage of the Services to do things like optimize product design. We also use your information to send you updates, notices, announcements, and additional information related to the Services. If you contact us, we may keep a record of your request in order to help solve any issues you might be facing.

 

  1. Using the Services and Data Collected.

The franchisees and participating restaurants will operate the Services in the restaurants and can view order and payment details for their respective restaurants, not Burbowl®. As a technology supplier, MENU provides the application platform and can also view your personal data. Once you install the application or use the Services, information will be immediately and automatically collected about the use of the Services. For example, information may be collected and recorded regarding how often you use the app and for how long, your device type, unique identifiers, operating system type and version, battery usage, the third party web pages or applications you visit or use or interact with via the Services, the recording of your clicks within the application and Services information that you viewed on our Services, the fact that you used the Services to communicate with other users and the fact that you used third parties application/services via our Services to communicate with third parties and the duration of such communications, the Internet Protocol (IP) address and the name of the domain used access the Services, the geographic location of the device that you are using to log in and use the Services,

 

2.1 Information Collected after Placing an Order.

When you place an order via our Services, and specifically the application, we collect your first and last name, your order, and your telephone number, among other information identified in Section 2.2 below, if applicable. We then forward this information to Burbowl® and the participating restaurants, such as the Franchisees, so that the service staff is able to process your order and notify you once your order is ready for pick-up. If one of our restaurants serves the orders to the table, the table number or your location is also determined so that the service staff can serve your order accordingly to your table. If you have placed an order for delivery, your home and delivery address will also be processed for purposes of efficient and correct delivery. If you collect points with your order, we will credit these points to the points account we have for you. If you redeem points with an order, such as with an award, we also record this redemption in the points account we hold for you. When your order is ready to be picked up at the counter, you will be informed either via a push message (for orders placed via the mobile application) or via SMS message (for orders placed via the web application). If the restaurant you are visiting works with guest localization, your table number or your location in the participating restaurant will also be determined by means of table number entry (on the mobile and web application), placed transmitters or antennas (kiosks). In order to receive push messages, you must have push messages activated on your smartphone. To enable the determination of your location, you must have Bluetooth or location services activated on your smartphone, in addition to giving the application all permissions necessary to determine the foregoing. For orders that you place through the self-order kiosk, a puck may show you when your order is ready for collection at the counter or your order number is displayed on the screen. Your location can also be determined using a puck, which may be distributed to you at the self-order kiosk or at the counter or you may need to enter a number into the screen. You hereby authorize Burbowl® and any Franchisees and participating restaurants, to disclose and process your orders, personal data and in particular your location data to participating restaurants. For delivery orders, your data will be processed for the execution of this delivery to the home or other delivery address you have provided. We can also process your personal data in order to send you coupons, which we generate in the back-end system and which we then send to you, for example, as push messages. You can redeem these coupons on the mobile application, on the web application, on a “self-order kiosk,” or, if applicable, the website.

 

2.2 Voluntary Information Collected.

This includes voluntary information shared by you with Burbowl® and any Franchisees and participating restaurants, and is voluntary provided by the user in the course of creating a user account and changing the user profile, accessing the website or using the application when interacting with or using the Services. Voluntary information provided by you may include, without limitation: name, e-mail address, password (which is encrypted), restaurant orders, usernames and agent when logging in, IP address, credit card information, comments on orders, business e-mail address, home and delivery addresses, hosted persons, occasions, signatures, collected and redeemed points, type of bonus for redeeming points, points, tax charged on order, tip(s) amount(s), currency used, bank details, and contact person, among other things. If you place an order via an application on a “self-order kiosk” or web-application without having registered or logged in, the orders placed will be processed by MENU and the Franchisee will only receive the data for order processing (including order, payment details and at store location). The receipts are saved on our servers, i.e. those of MENU, while the payment information is processed by the payment processor. The payment process is authorized by the payment processor and confirmed back to us, i.e. MENU. When ordering from a “self-order kiosk” with a login (if any) – provided that personal data is being processed – no more data is processed than when ordering via the other applications. Bear in mind that false, incorrect, or outdated information may impair the ability of Burbowl® and its Franchisees and participating restaurants to provide you with the Services and to contact you when necessary. If you do not enter the requisite data in any required fields, you may not be able to set up a username

 

2.3 Location Information Collected.

Location information is automatically collected in the form of GPS signals (combined with a time-stamp) and other information sent by your mobile device on which the Services are installed, activated, and used. However, collection of this location information only occurs when permission is given through the user settings on your device; in other words, you may control the collection of this GPS information by turning off location information and sharing by accessing the privacy, user, or other appropriate settings on the device you are using to access the Services.

 

2.4 Cookies.

Burbowl® and its Franchisees and participating restaurants may receive aggregated, non-personally identifiable information and analysis from third party measurement services which help us understand how our users interact with the Services, such as Google Analytics and Google Maps. We use various technologies to collect and store information, including, cookies, local storage, browser web storage, application data caches, databases, and server logs, among other techniques identified herein. Regarding cookies, cookies are small text files that a website places on your computer or mobile device when you visit a page or website for the first time. Cookies help us to recognize your device the next time you visit the website. Cookies have different functions. With the information provided to us through cookies, we will be able to learn your interests and attitudes. Cookies can help us to analyze how well our website works and allows us to adapt our content so that the relevant information is provided to you. Only the session ID is saved and transmitted in the cookies. Most browsers can be set in the settings so that they no longer accept cookies or you will be notified when you receive a cookie. If you decide to deactivate or delete cookies in the future, you must take into account that some or all of the Services may no longer be available to you.

 

2.5 Google Analytics and Google Maps.

We use Google Analytics to measure traffic on our website and as part of our Services. By using the Services, you also agree to be bound by the Google Analytics and Google Maps terms of service, found here – https://policies.google.com/?hl=en-US – and here – https://www.google.com/help/terms_maps/. Please note that in the event you opt-out of Analytics or Maps, some or all of the Services may no longer be available to you.

 

2.6 Aggregated Information.

We may use anonymous, statistical or aggregated information (including anonymous location information) in a form that does not enable the identification of a specific user, and to properly operate the Services, to improve the quality of the Services, to enhance your experience, to create new services and features, including customized services, to change or cancel existing content or service, and for further internal, commercial and statistical purposes (including advertising and marketing). We may also use anonymous, statistical or aggregated information collected on the Services, in a form that does not enable the identification of a specific user, by posting, disseminating, transmitting or otherwise communicating or making available such information to users of the Services, to our providers, partners and any other third party.

 

  1. Sharing your Information.

We do not sell, rent or lease your personal information to third parties. We will not share your personal information with others, without your permission, except for the following purposes and to the extent necessary in our good-faith and sole discretion: as necessary for the facilitation and operation of the Services; to communicate with third parties, including without limitation MENU and our affiliates, subsidiaries, franchisees, and participating restaurants; to detect, prevent, or otherwise address fraud, security, or technical issues; to detect and prevent fraud, misappropriation, infringements, identity theft and other illegal activities and misuse of the Services; if we organize the operation of the Services within a different framework, company, or through another legal structure or entity; if we are acquired by, or merged into or with another entity; to collect, store, hold and manage your personal information through cloud based or hosting services; to enforce the Terms of Use or Privacy Policy; to contact you when we believe it to be necessary; to comply with any applicable law and assist law enforcement agencies under any applicable law, when we have a good faith belief that our cooperation with the law enforcement agencies is legally mandated or meets the applicable legal standards and procedures; to detect abuse and illegal activity; to handle breakdowns and malfunctions; to take any action in any case of dispute, or legal proceeding of any kind between you and the Services, or between you and third parties with respect to, or in relation with the Services; for purposes provided under this Privacy Policy and Terms and Conditions; to help improve the safety and reliability of our Services. This includes detecting, preventing, and responding to security risks, and technical issues that could harm us, our users, third party providers, or the public; to create aggregated and/or anonymous data (where such data does not enable the identification of a specific user). The foregoing is in addition to Section 1.2.

 

  1. Controlling your Information

You can always review and update certain information by visiting your account or profile. If you find that the information associated with your account or profile is not accurate, complete or updated, then you should make all necessary changes to correct it. Please keep in mind that false, incorrect, or outdated information may prevent you from setting up a username and impair the ability to provide you with Services, and may even be a violation of the law. There are other ways to control the information we collect, including device-level settings which may control and determine what information we collect.

 

  1. Information Security.

We consider your information security to be a top priority. We have taken appropriate technical and organizational security measures against the loss or unlawful processing of your personal data, and to that effect, we have implemented systems, applications and procedures to secure your personal information, to minimize the risk of theft, damage, loss of information, or unauthorized access or use of information. Your personal data will be securely stored in our database, i.e. the database of MENU. We use industry standard and appropriate security measures, such as firewalls and SSL (Secure Socket Layers), and also physically secure the locations where the data is stored. However, as effective as our security measures are, no security system is infallible and as such we are not able to give you absolute assurance in regard to your information security. Therefore, although we take great efforts to protect your personal information, we cannot guarantee and you cannot reasonably expect that the databases will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. The transfer of your data to us is always at your own risk. We recommend that you do not disclose your password to anyone and your use of our Services is your express and voluntary consent to and acknowledgment of these risks.

 

  1. Data Storage.

Unless otherwise stated herein, we store your data until you delete affirmatively your account and advise us of your intention to have you account and data deleted. If you would like to delete your account and/or request that we no longer use your data in the future to provide services to you, please contact us. Upon receiving your request to delete your personal information, we will use reasonable efforts to delete such information, however please note that information may not be deleted immediately from our back-up systems. We aim to initiate the deletion process immediately after your request, unless we determine in our discretion that we need your information to comply with legal obligations or to settle disputes.

 

  1. Payment Processing.

If you register as a user, your credit card data and data of other payment methods will be forwarded by MENU to a PCI-compliant payment processing provider and processed by the latter in order to process payments for orders placed by you via our Services. Please note that by using the Services, you are consenting to allow us to transfer the credit card details or data of other payment methods you have registered to other PCI-compliant payment processors.

 

  1. Marketing and Customer Service.

By using our services, you consent for us to use your personal data and contact information to send you general information about us for marketing and promotional purposes. We may use your information to send you news, newsletters, special offers, updates, announcements related to our Services and your use of the same, and promotions, among other things. As stated herein, we will use the information we learn about you to determine how best we can serve you and our community through the use of the Services. You can unsubscribe from these notifications at any time.

 

  1. Contact and Notices.

If you have any questions about this Privacy Policy, or if you believe that your privacy has been compromised in the course of using the Services, please contact Burbowl® Franchise Holdings LLC at: [email protected] You can also send Burbowl® other requests, responses, questions and complaints by e-mail at: [email protected]

 

  1. Transmission of Data.

Your personal data will be transmitted to and processed in Switzerland and in other countries, including without limitation the United States and perhaps others that do not have data protection laws comparable to Switzerland, the European Union or the United States. You hereby consent to the transfer and processing of your personal data to such countries (whether known to you or not), particularly to the United States. Among other reasons outlined herein, data may be transmitted to MENU and its third parties for helpdesk/support, business intelligence, payment processor compliance, hosting (for both data and applications), and communications services, all of which is geared and done to provide you with the benefits of the Services.

 

  1. Children Under 13.

The Services are not designed for children under the age of thirteen (13) and as such we do not knowingly collect their personal information. However, we understand that children under the age of 13 may use our Services without our consent or without their parents’ consent. To that effect, in the event it is discovered that children under 13 years old are using our Services, we will endeavor to delete any information collected from our databases. In the event your child is found to be using our Services, please contact us so we may endeavor to delete such information. Please note that Burbowl® and its Franchisees and participating restaurants take all privacy and information collection and practices issues very seriously, particularly with children. We therefore encourage parents and legal guardians to help enforce this Privacy Policy by supervising your child’s internet activity and monitoring any potential use of our Services. In any event, children under the age of eighteen (18), unless emancipated minors or with the express permission of their parents or legal guardian, shall not access our Services.

 

  1. European requirements.

If the European Union (EU) data protection law applies to the processing of your information, we provide the controls described in this policy so you can exercise your right to request access to, update, remove, delete, and restrict the processing of your information. As detailed herein, you also have the right to object to the processing of your information. We ask for your agreement to process your information for specific purposes – and your consent is give by use of our Services – and you have the right to withdraw your consent at any time. You can manage your settings at any time, and contact us for questions regarding the same. We process your information for our legitimate interests and those of third parties while applying appropriate safeguards that protect your privacy. We process your data pursuant to a contract, including this Privacy Policy and the Terms and Conditions.

 

  1. Changes to this Privacy Policy

We may from time to time change the terms of this Privacy Policy. Changes will take effect immediately after we have posted a system message to users notifying them of changes to the Privacy Policy, or by sending them an e-mail or message. However, if we amend this Privacy Policy to comply with legal requirements, the amendments will become effective immediately upon their initial posting, or as required. You agree to be bound by any of the changes made in the terms of this Privacy Policy. Continuing to use the Services will indicate your acceptance of the amended terms. If you do not agree with any of the amended terms, you must avoid any further use of the Services.