A. Terms of service.
Welcome to EatBook!
These Terms shall govern your use of EatBook mobile application, as available on Google Play Store and Apple App Store (hereinafter referred to as the “App” or “Platform”).
This App is owned and operated by:
Company Name: EB Mobile Ltée
NEQ: 1180153851
Registered Office: 4297 Ricard, Terrebonne (Québec) J6V 1G1, Canada
In these Terms, our company is referred as “Company” or “EatBook” or “us” or “our” or “we”. And users / customers are referred as “you” or “your” or “user” or “users” or “customers”.
EatBook is a platform provided designed to help users discover, book, and enjoy special offers at restaurants near them. Our platform offers real-time promotions, table bookings, loyalty rewards, and the ability to leave reviews for the restaurants you visit (the “Service”).
These Terms of Service are applicable to the users / customers of the platform. If you are a Restaurant Partner, please refer our Restaurant Partner Terms.
IMPORTANT NOTICE: PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AS THEY CONTAIN PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND OUR COMPANY, INCLUDING THE ARBITRATION AGREEMENT IN SECTION 14 BELOW. THE ARBITRATION AGREEMENT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH OUR COMPANY ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH FINAL AND BINDING ARBITRATION. UNLESS YOU OPT-OUT VIA THE PROCESS IN SECTION 14(l), YOU WILL BE BOUND BY THE ARBITRATION AGREEMENT. THESE TERMS OUTLINE HOW SUCH CLAIMS ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS OF SERVICE. BY AGREEING TO THESE TERMS OF SERVICE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THEM AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Please read these Terms carefully, as these, along with our Cancellation & Refund Policy and Privacy Policy statement forms the entire agreement between you and EatBook. If you do not accept these Terms in its entirety, then you may not use the website, App, or avail any of our services.
1. ACCEPTANCE OF THESE TERMS OF SERVICE
By downloading or installing our App, or by accessing or using the App or our website, or by registering an account on our platform, or by engaging with our Services, or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
a) You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at our website (https://www.geteatbook.com/) and App.
b) You are of sound mind, at least 18 years in age, and otherwise competent to form a binding contract with us. By creating an account, you confirm that you are legally eligible to use the platform. If you are under 18, you are not permitted to register, access, or use the services provided by EatBook.
c) We must not have previously disabled your account for violation of law or any of our policies.
d) You have read, understood, and consented to our Community Guidelines, Cancellation & Refund Policy, Cookie Policy, as well as our Privacy Policy statement.
2. ACCOUNT REGISTRATION
a) Account Creation: To access certain features of the EatBook app, you will need to create a user account. This involves providing your full name, a valid mobile number, and a secure password. You may also have the option to register using your Google or Apple account.
b) Account Security: You are responsible for maintaining the confidentiality of your account login information and ensuring that no one else has access to your account. Any activity that occurs under your account is your responsibility, whether you are aware of it or not. If you suspect that your account has been compromised, you must notify us immediately.
c) Accuracy of Information: You must provide accurate and complete information during registration. If any of the information you provide is found to be inaccurate or misleading, we reserve the right to suspend or terminate your account without prior notice.
d) One Account Per User: Each user is allowed to create only one account. Multiple accounts for the same individual are not permitted. If we find that a user has created multiple accounts, we may suspend or terminate all associated accounts.
e) Account Suspension and Termination: EatBook reserves the right to suspend or terminate any account at any time if we believe there has been a breach of these Terms of Service, including but not limited to providing false information or engaging in prohibited activities on the platform.
f) Account Deactivation: If you wish to deactivate your account, you can do so by contacting our support team at info@geteatbook.com. Once your account is deactivated, you will no longer have access to the app, and all data associated with your account may be deleted in accordance with our privacy policy.
3. ALLOWED USES OF THE PLATFORM AND SERVICES
Here’s what you’re allowed to do on the platform:
a) Booking and Reservations: You may use the EatBook app to browse restaurants, view real-time promotions, and make reservations at participating establishments. All bookings must be made for personal use, and you must honour the reservations you make.
b) Activating Vouchers and Discounts: The app allows users to activate and redeem vouchers or discounts offered by restaurants. These vouchers are valid for personal use only and must be redeemed according to the terms provided by the restaurant.
c) Loyalty Program Participation: You are allowed to participate in EatBook’s loyalty program, earning and redeeming points based on your activity, such as booking tables or using vouchers. Loyalty points can be redeemed for rewards as specified within the app.
d) Leaving Reviews: After visiting a restaurant, you are allowed to leave honest reviews and ratings based on your personal experience. Reviews should reflect your genuine experience and help others make informed dining decisions.
e) Honouring Reservations: Users are expected to honour all reservations made through the app. Failing to show up for a reservation without cancelling in advance may result in penalties, including suspension of your account.
f) Sharing with Friends: You may use the app to share restaurant listings, promotions, or bookings with friends through the app’s sharing feature or through permitted social media integrations.
g) Personalized Notifications: You can opt in to receive personalized notifications about promotions, restaurant recommendations, and loyalty program updates based on your preferences.
h) Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the platform.
i) Personal Information: Whenever prompted, you must provide us with the correct, accurate, and updated information. These will be handled in accordance with the Privacy Policy statement posted on our website and App.
4. PROHIBITED USES
Here’s what you’re not allowed to do on the platform:
a) Misuse of Vouchers or Discounts: You are not permitted to manipulate, duplicate, or misuse vouchers or discounts in any way. Vouchers must be used according to the terms provided and are strictly for personal use only.
b) Multiple Account Creation: Creating or using more than one account per user for the purpose of gaining extra rewards, vouchers, or discounts is strictly prohibited. Each user is limited to one account.
c) Fake Bookings or Reservations: You are not allowed to make false, misleading, or duplicate bookings without the intention of attending. Such behaviour disrupts restaurant operations and availability for other users.
d) No-Shows Without Cancellation: Failing to cancel a reservation or showing up late without proper notice is not allowed. Repeated no-shows may result in suspension or termination of your account.
e) Abusive Behaviour: Any form of abusive, offensive, or inappropriate behaviour towards restaurant staff, other users, or within communication channels associated with the app is strictly forbidden.
f) Fraudulent Use of Accounts: Impersonating others, providing false information, or engaging in fraudulent activities related to accounts, bookings, or rewards is prohibited.
g) Automated or Unauthorized Use: The use of bots, scripts, or any automated tools to interact with the app, make reservations, or accumulate points is strictly forbidden.
h) Exploiting System Vulnerabilities: Attempting to exploit bugs, vulnerabilities, or any other technical loopholes in the app for personal gain or to harm the platform is not permitted.
i) Fake Reviews: Posting misleading, false, or defamatory reviews is prohibited. Reviews must accurately reflect genuine dining experiences.
j) Sharing or Trading Accounts, Points, or Rewards: Users are prohibited from transferring, trading, or selling their accounts, points, or rewards to others.
k) Unauthorized Access: Attempting to gain unauthorized access to other user accounts or the platform's backend systems.
l) Malicious Code: Distributing viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service.
m) Misuse of Personal Information: Collecting or attempting to collect personal information about users or third parties without their consent.
n) Excessive Load: Creating an unreasonable or disproportionately large load on the platform’s infrastructure.
o) Reverse Engineering: You cannot reverse engineer or try to reverse engineer any of the proprietary/ intellectual property aspects of, including but not limited to the services, software, our platforms, networks, systems, etc., wholly or in part.
p) Data Extraction: You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website/App, without our express written consent.
5. BOOKING AND RESERVATION
a) Reservation Confirmation: When you make a reservation through the EatBook app, you will receive a confirmation via the app. This confirmation will include the restaurant details, reservation time, and any special promotions applied. You must present this confirmation upon arrival at the restaurant to ensure your reservation is honoured.
b) Personal Use Only: Reservations made through the app are for personal use only. You are not permitted to make bookings on behalf of others or resell reservations to third parties.
c) Accurate Guest Information: When making a reservation, you must provide accurate details, including the number of guests. Restaurants rely on this information to prepare for your visit, and inaccurate information may lead to your reservation being canceled or adjusted by the restaurant.
d) Changes to Reservations: If you need to modify your reservation, you can do so through the app up until the cut-off time specified by the restaurant. Changes to the number of guests or the reservation time may be subject to availability, and it is your responsibility to notify the restaurant as soon as possible.
e) Late Arrivals: If you are running late for your reservation, it is important to notify the restaurant directly. Failure to arrive within a reasonable time after your booking may result in your table being given to other guests.
f) No-Shows: If you fail to cancel your reservation and do not show up for your booking, this may result in penalties. Repeated no-shows could lead to the suspension of your booking privileges or account termination.
g) Cancellation Policy: You may cancel your reservation up to 1 hour before the scheduled time without any penalties. If you cancel within less than 1 hour of the reservation or repeatedly cancel bookings at the last minute, your account may be suspended or restricted.
6. LOYALTY PROGRAM
a) Earning Points: You can earn points through the EatBook app by redeeming vouchers at participating restaurants. Points are earned based on the type of transaction:
• Dine-in: You will earn 20 points for each voucher redeemed during a dine-in visit.
• Take-out: You will earn 10 points for each voucher redeemed for take-out orders.
b) Redeeming Rewards: Once you accumulate enough points, you can redeem them for rewards through the app. To redeem a reward, visit the “Rewards” page, select the desired offer, and present the redeemed reward to the participating restaurant for validation. Rewards must be redeemed before any listed expiration date.
c) Non-Transferable Points: Points earned through the loyalty program cannot be transferred to another account, traded, or converted into cash. They are strictly for personal use and must be redeemed by the account holder.
d) Reward Availability: All rewards are subject to availability and the terms and conditions of the participating restaurants. Some rewards may have limited availability or expiration dates, which will be communicated within the app.
e) Account Suspension for Misuse: Any misuse of the loyalty program, including the fraudulent redemption of vouchers or rewards, may result in the suspension or termination of your account and the forfeiture of any points or rewards accumulated.
f) Program Changes: EatBook reserves the right to modify the loyalty program, including how points are earned or redeemed, at any time without prior notice. Any changes will be communicated through the app.
7. UPDATES AND MODIFICATIONS TO FEATURES
a) Feature Updates: EatBook may introduce new features, modify existing ones, or remove certain functionalities from the app to enhance the user experience. These updates may occur without prior notice, and it is your responsibility to ensure you are using the latest version of the app.
b) User Impact: Some updates may affect the way certain features work, including how vouchers, rewards, bookings, or loyalty points are managed. We will aim to minimize disruption, but we cannot guarantee that all features will remain the same after updates.
c) Discontinuation of Features: EatBook reserves the right to discontinue any feature at its discretion. This may include certain vouchers, rewards, or promotional offers. If a feature is discontinued, any vouchers or rewards associated with it may no longer be valid.
d) No Guarantee of Availability: While we strive to provide uninterrupted access to all features, EatBook does not guarantee that any particular feature will always be available or operational. Some features may be temporarily unavailable due to maintenance or technical issues.
e) Communication of Changes: In the event of major changes to features, EatBook may (at its sole discretion) communicate these changes to users through the app or via email.
8. INTELLECTUAL PROPERTY
a) Ownership of Content and Services: All intellectual property rights in the EatBook app, including but not limited to the app’s design, text, graphics, logos, icons, images, software, and any other material or content displayed or used within the app, are owned by or licensed to EB Mobile Ltée. These materials are protected by intellectual property laws, including copyright, trademark, and patent laws, both in Canada and internationally. Users are not granted any ownership rights to any content provided by EatBook or its licensors.
b) Limited License to Use: By using the EatBook app, you are granted a limited, non-exclusive, non-transferable, and revocable license to use the app for personal purposes only. This license does not permit you to copy, distribute, modify, create derivative works of, publicly display, or exploit any content or materials from the app for commercial purposes without the prior written permission of EB Mobile Ltée. Nothing in these Terms of Service grants users any ownership or other rights to EatBook’s intellectual property, except for the limited license to use the app in accordance with these terms. Any unauthorized use of EatBook’s intellectual property will be considered a breach of these Terms and may lead to legal consequences.
c) Trademarks: The EatBook name, logo, and any other related trademarks or service marks displayed on the app are the registered or unregistered trademarks of EB Mobile Ltée or its licensors. You are not permitted to use any of these trademarks without prior written approval. Any unauthorized use of these trademarks may result in legal action.
d) User-Generated Content: Any content that users submit, post, or display on or through the EatBook app, such as reviews, comments, or images, remains the property of the user. However, by submitting this content, you grant EB Mobile Ltée a non-exclusive, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media. This license is granted solely for the purposes of operating, promoting, and improving the app.
e) Prohibition on Infringement: You are strictly prohibited from copying, reproducing, distributing, displaying, or using any of the intellectual property owned by EB Mobile Ltée or its licensors for commercial purposes without obtaining written consent. Unauthorized use of EatBook’s intellectual property may result in termination of your account and legal action.
f) Third Party Content: The EatBook app may contain content, links, or information from third-party sources. All intellectual property rights in third-party content remain with the respective owners. EatBook does not claim ownership of such third-party content and does not assume any responsibility for its accuracy or legality.
g) Protection of Intellectual Property: The Company respects the intellectual property rights of others and expects users of the App to do the same. The Company may, in appropriate circumstances and at its discretion, disable or terminate the accounts of users who may be repeat infringers. To report infringement, please follow the procedure laid down in our Intellectual Property Infringement Claims Notice posted on our website and/or App.
h) User Feedback: Any feedback you provide to the Company will be considered non-confidential and non-proprietary. By providing any feedback, you grant EatBook and its affiliates a perpetual, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
9. PRIVACY
In order to see what personal and non-personal information we collect and how we use or store or share the same, please refer to the detailed Privacy Policy statement available on our website and App.
10. DISCLAIMER
By using EatBook, users acknowledge and agree to the following disclaimers:
a) General Disclaimer: EatBook is a platform that connects users with restaurants offering promotions and reservation services. While we strive to ensure the accuracy and reliability of the information provided through our app, EatBook makes no representations or warranties about the availability, completeness, or accuracy of any content, services, or features. Use of the app is at your own risk, and you assume full responsibility for any decisions or actions taken based on the information provided through the app.
b) Restaurant Availability and Quality: EatBook does not own, manage, or operate any of the restaurants listed on the platform. We are not responsible for ensuring that restaurants have availability for bookings or for the accuracy of promotions. Additionally, we do not guarantee the quality of food, service, or any dining experience at participating restaurants. All concerns regarding your dining experience must be addressed directly with the restaurant.
c) Promotions and Offers: Any promotions, discounts, or special offers displayed on the EatBook app are provided by the participating restaurants and are subject to change or cancellation at the restaurant’s discretion. EatBook is not responsible for any changes in availability, pricing, or terms related to these offers. Users must confirm all details with the restaurant at the time of booking or redemption.
d) Loyalty Program and Rewards: While we provide a loyalty program and reward system, EatBook does not guarantee that rewards will always be available, or that the points earned can always be redeemed. The terms and availability of rewards are subject to change without notice, and EatBook is not liable for any rewards that become unavailable or unusable.
e) Third-Party Content and Services: The EatBook app may display content, links, or services provided by third parties, including restaurants, payment processors, and external websites. We are not responsible for the accuracy, legality, or functionality of any third-party services or content, and your use of these services is at your own risk. Any interactions or transactions with third parties are solely between you and the third party.
f) No Guarantees of Functionality: EatBook does not guarantee uninterrupted access to the app, and we are not responsible for any delays, errors, or disruptions caused by system maintenance, technical failures, or internet connectivity issues. Users are responsible for maintaining their own device, software, and internet connection to access the app.
g) Booking and Reservation Disclaimer: EatBook provides a booking system for users to make reservations at participating restaurants. We do not guarantee that all reservations will be honoured by the restaurant, and we are not responsible for any cancellations, delays, or changes made by the restaurant. Users must confirm their reservations directly with the restaurant prior to their visit.
h) Vouchers and Discounts: All vouchers and discounts available through EatBook are subject to terms and conditions set by the participating restaurant. EatBook is not responsible for any issues related to the redemption of vouchers, including expired offers, rejected codes, or misunderstandings about discount availability.
i) Changes to the App: EatBook reserves the right to modify, suspend, or discontinue any feature or service within the app at any time without notice. We are not liable for any impact or inconvenience this may cause to users.
11. LIMITATION OF LIABILITY
a) General Limitation: To the fullest extent permitted by law, EatBook, its affiliates, officers, directors, employees, and agents will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the app, including but not limited to: any errors or omissions in content, loss of data, delays, service interruptions, technical issues, failure of a restaurant to honour a booking, dissatisfaction with a dining experience, or any other matter beyond our control. Your use of the EatBook app is entirely at your own risk, and you agree that the total liability of EatBook, in any case, shall not exceed the amount paid by you (if any) for accessing or using the app during the three-month period prior to the event giving rise to the claim.
b) Applicable Law Exceptions: Certain jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you if you are located in such jurisdictions. In such cases, EatBook's liability will be limited to the greatest extent permitted by law.
12. LEGAL ACTION
If you are found to be degrading, tarnishing, maligning the image, goodwill, or reputation of EatBook by spreading hate, insulting, false, fake reviews or engaging in mala fide actions against the above, strong legal actions will be taken immediately.
13. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless EatBook, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of the app, your violation of these Terms of Service, any misuse of vouchers or rewards, any dispute between you and a restaurant or third-party provider, your breach of any third-party rights (including but not limited to intellectual property or privacy rights), or any activity related to your account by you or any other person accessing the app using your account. This indemnification obligation will survive the termination of your account and your use of the app. EatBook reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defence of such claims.
14. GOVERNING LAW AND DISPUTE RESOLUTION
a) Choice of Law: The Terms and any dispute arising from the same will be governed by applicable laws of the Province of Quebec, Canada, except for its conflict of law provisions.
b) Exclusive Choice of Forum: All disputes must first be attempted to be resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it exclusively before the appropriate courts located in Terrebonne, Canada, except as may be otherwise provided by the Arbitration section provided below.
c) Agreement to Binding Arbitration Between You and EatBook: By agreeing to these Terms, you agree that any claim you may have against EatBook must be resolved through binding arbitration on an individual basis, not as a class, collective, or representative action. This includes any claims related to these Terms, your use of the Services, or your relationship with EatBook. The claims will be settled by Canadian Commercial Arbitration Centre (CCAC). Information on how to contact them can be found on this link - https://ccac-adr.org/.
d) Covered Disputes: Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Services, incidents resulting in personal injury or death, and your relationship with EatBook will be settled by binding arbitration, not in court. This agreement survives after your relationship with EatBook ends.
e) Class Action Waiver: All disputes will be resolved in individual arbitration. You and EatBook waive the right to participate in class, collective, coordinated, or consolidated actions. The arbitrator has no authority to conduct such actions or award relief to anyone but the individual in arbitration.
f) Delegation Clause: Only an arbitrator can resolve disputes about the enforceability or formation of this Arbitration section. Courts can only resolve disputes about the Class Action and Mass Action Waivers.
g) Exceptions to Arbitration: This agreement does not require arbitration for individual claims in small claims court or claims for injunctive relief related to intellectual property rights.
h) Process: Before demanding arbitration, parties must try to resolve disputes informally through a mutual discussion. If unresolved, arbitration can be initiated. The arbitration will be conducted in Terrebonne, Canada.
i) Arbitrator’s Decision: The arbitrator will render a binding decision. The decision will apply only to the parties involved and cannot set a precedent for others.
j) Fees: Your responsibility for arbitration fees will be as set forth in the arbitration provider’s rules.
k) American Arbitration Association: The arbitration will be administered by Canadian Commercial Arbitration Centre (CCAC) in accordance with CCAC’s Arbitration Rules (https://ccac-adr.org/).
l) Your Right to Opt Out: This binding individual arbitration requirement will not apply to the extent prohibited by the laws of your country or state of residence. You have the right to opt out of this Arbitration Agreement. To opt out, you must notify us in writing within 30 days of first accepting these Terms & Conditions, by sending an "Opt-Out Notice" to:
Company Name: EB Mobile Ltée
NEQ: 1180153851
Registered Office: 4297 Ricard, Terrebonne (Québec) J6V 1G1, Canada
The Opt-Out Notice must include your full name and registered email address, and a clear, signed statement that you do not agree to the Arbitration Agreement. It is your responsibility to ensure that EatBook receives your Opt-Out Notice, and you may want to send it using a method that provides a delivery receipt.
m) Severability and Survival: If any part of this Arbitration Agreement is found unenforceable, the remaining parts will still apply. Claims that cannot be arbitrated will be litigated in court, but litigation will be stayed pending the outcome of individual claims in arbitration.
15. DISPUTES BETWEEN USERS AND RESTAURANTS
a) Responsibility for Dining Experience: EatBook only provides a platform to facilitate reservations, promotions, and rewards but does not control or manage the restaurants. Any disputes regarding food quality, service, or promotions are solely between the user and the restaurant. EatBook is not liable for any dissatisfaction or disputes related to your dining experience.
b) Dispute Resolution with Restaurants: If you experience issues during your visit, such as incorrect billing, unsatisfactory service, or failure to receive a promotion, it is your responsibility to address these issues directly with the restaurant’s management at the time of your visit. Most disputes can be resolved immediately by communicating with the restaurant.
c) EatBook's Role in Disputes: While EatBook is not directly involved in resolving disputes between users and restaurants, we encourage users to report any significant issues through the app. Although we do not mediate or intervene in restaurant disputes, we may take action against restaurants that receive repeated complaints, such as removing them from the platform.
d) Promotions and Offers Disputes: In cases where promotions, discounts, or special offers are disputed, users should confirm the terms and conditions of the promotion directly with the restaurant before booking. EatBook is not responsible for any discrepancies between advertised promotions and what is offered by the restaurant.
e) No Refunds for Disputes: EatBook does not offer refunds or compensation for disputes between users and restaurants, including dissatisfaction with food, service, or promotional offers. Any financial remedies must be sought directly from the restaurant in question.
f) Reporting Issues to EatBook: While EatBook cannot mediate disputes, users may report any issues or negative experiences through the app’s feedback feature. These reports help us monitor restaurant performance and may influence future partnerships with the restaurant.
16. NOTICES
When you use the website/App or send emails to EatBook, you are communicating with us electronically. You consent to receive physically or electronically any communications related to your use of this website/App. EatBook will communicate with you by email or by posting notices on this website/App. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to info@geteatbook.com.
17. MISCELLANEOUS
i. Independent Legal Advice: It is your obligation to obtain independent legal advice at your own expense to ensure you understand the provisions of these Terms.
ii. Headings: The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms.
iii. Breach: In case of any breach or threatened breach to the provisions of these Terms, we reserve the right to suspend your access to our platform or our Services, at our sole discretion.
iv. Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
v. Waiver: Our failure to insist on or enforce strict performance of these Terms of Service shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Company and you or any other party be deemed to modify any provision of these Terms.
vi. Survival: Notwithstanding any other provisions of these Terms of Service, or any general legal principles to the contrary, any provision of these Terms of Service that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Service, for any reason whatsoever.
vii. No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service.
viii. No Assignment: Users may not assign these Terms of Service (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of EatBook, which may be withheld at EatBook’s sole discretion. Any attempted assignment that does not comply with these Terms of Service shall be null and void.
ix. Entire Agreement: The Terms, Cancellation & Refund Policy, and Privacy Policy, and any additional terms and conditions incorporated herein or referred to herein constitute the entire agreement between EatBook and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our website/App.
x. Force Majeure: EatBook and its third-party service providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, communication line failures, technical issues, bugs, errors, power failures and/or similar inabilities.
xi. Updates to these Terms: Please note, these Terms may be updated from time to time to reflect changes to our practices, market realities, or for other operational, legal, or regulatory reasons. Changes are effective immediately upon posting to our Website or within the App. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of our Services.
18. GRIEVANCE OFFICER/DESIGNATED REPRESENTATIVE
In the event you have any grievance regarding anything related to our platform or these Terms, in that case you may freely write your concerns to the Grievance Officer/Designated Officer at below:
• Name: Kevin Rubilar-Varas
• Email: info@geteatbook.com
• Postal: 4297 Ricard, Terrebonne (Québec) J6V 1G1, Canada
19. FEEDBACK AND INFORMATION
We welcome your questions or comments regarding the Terms. You can write to us via email: info@geteatbook.com.
Last updated on September 26, 2024.
B. Privacy policy.
This notice describes the privacy policy (“Privacy Policy” or “Policy”) of https://www.geteatbook.com/, and EatBook mobile application, as available on Google Play Store and Apple App Store (hereinafter referred to as the “website” or “app”) which is operated by:
Company Name: EB Mobile Ltée
NEQ: 1180153851
Registered Office: 4297 Ricard, Terrebonne (Québec) J6V 1G1, Canada
At EatBook, we are committed to protecting the privacy and personal data of both our users and restaurant partners. This Privacy Policy outlines how we collect, use, share, and protect the information provided to us through our platform, which includes the EatBook mobile application and website. Whether you are a user discovering restaurants and making reservations or a restaurant partner managing bookings and promotions, your privacy is important to us.
This policy applies to all personal data collected from users and restaurant partners when using the EatBook platform. It covers information gathered through account registration, bookings, interactions with promotions, and communications with our support team. By using the platform, you agree to the collection and use of your information in accordance with this Privacy Policy.
By accessing or using the EatBook app, website, or any related services (collectively, the "Platform"), you agree to the terms of this Privacy Policy. If you do not agree with any part of this policy, you should not use the Platform.
If you have any questions or concerns about our Privacy Policy or practices, please contact us at info@geteatbook.com.
TABLE OF CONTENT
Sr. No. Particular
1) Information collected from Users and Restaurants
2) Lawful basis for processing personal information
3) Use of information
4) Information Retention and Deletion
5) Information Sharing
6) 1. Storage and Security of Information
7) Links to third party sites
8) Rights of users / Restaurants from Canada
9) Rights of users / Restaurants from California
10) Rights of users / Restaurants from Virginia
11) Rights of users / Restaurants from Florida
12) Rights of users / Restaurants from Illinois
13) Rights of users / Restaurants from any other state / country
14) Responding to legal requests
15) Children Privacy
16) Opting out
17) Choice of law and Dispute Resolution
18) Questions or concerns about this Privacy Policy
19) Updates to this Privacy Policy
20) Suggestions
1. Information collected from Users and Restaurants
a) Information collected from the users: When users interact with the EatBook platform, we collect various personal details necessary to provide our services. This includes, but is not limited to:
• Account Information: Full name, email address, phone number, and password. This information is collected when users create an account on the platform.
• Booking Information: Details about reservations made through the platform, such as the restaurant name, date and time of booking, number of guests, and any special requests.
• Payment Information: For users making payments through the platform (e.g., for special offers or subscriptions), we may collect payment details such as credit card information. Payment processing is handled through a third-party provider, and we do not store full payment information on our servers.
• Location Data: To provide personalized recommendations, we may collect location data based on users' IP addresses, GPS, or manually entered location details.
• User Preferences: This includes dining preferences, favorite cuisines, and any saved settings or favorite restaurants.
• Reviews and Feedback: We collect any reviews, ratings, or comments that users provide about their dining experiences on the platform.
• Communication Data: This includes any messages, emails, or inquiries users send through the platform, such as questions for customer support or feedback about restaurant experiences.
• Device and App Usage Information: We collect details about the device used to access the platform, including device type, operating system, browser type, and IP address, as well as interactions with the app, such as time spent on certain features.
b) Information collected from the Restaurant Partners: For restaurant partners, we collect information necessary for managing listings, promotions, and reservations on the EatBook platform. This includes:
• Business Information: The restaurant’s legal name, address, contact details, business registration information, and tax identification numbers.
• Account Information: The restaurant representative’s name, email address, and phone number, as well as the account password for logging into the EatBook platform.
• Menu and Listing Information: Details about the restaurant’s menu, pricing, promotions, operating hours, and available services. Restaurants are responsible for keeping this information accurate and up to date.
• Payment Information: For processing subscription fees or commissions, we may collect payment details, such as credit card information or bank account details, for restaurant partners.
• Transaction History: We track financial transactions, including subscription payments, commissions on bookings, and other financial interactions between the restaurant and EatBook.
• Communication Data: Any messages or inquiries sent through the platform, including interactions with users regarding reservations, promotions, or complaints.
• Analytics and Performance Data: We collect data on how restaurants interact with the platform, including the frequency of bookings, the performance of promotions, and other metrics that help improve the restaurant’s service on the platform.
c) Automatically Collected Data: In addition to information that users and restaurants actively provide, we may automatically collect certain information to enhance platform functionality and improve the user experience:
• Cookies and Tracking Technologies: We use cookies and similar tracking technologies to collect data about your use of the platform. This includes tracking your interaction with different sections of the app, your preferences, and login details for ease of access. You can manage cookie preferences in your browser settings.
• Usage Data: Information on how users and restaurant partners navigate the platform, including pages visited, features used, and interactions with promotions or bookings.
• Error Logs and Diagnostic Data: Information related to any technical issues or errors experienced while using the platform, which helps us troubleshoot and improve the service.
d) Information Collected from Third Parties: In some cases, we may receive additional information about users and restaurant partners from third parties, including:
• Social Media Accounts: If users choose to register or log in using their Google or Apple accounts, we may receive basic profile information, such as name, email address, and profile picture, from these services.
• Payment Processors: For both users and restaurant partners, we may receive confirmation of payments made or failed through our third-party payment processors.
• Analytics Providers: We may use third-party analytics services to track usage and performance of the platform.
e) App Permissions: To provide a seamless and personalized experience on the EatBook platform, we require certain permissions from users and restaurant partners when using our mobile application. These permissions allow the app to access various features of your device to enhance functionality and improve your experience.
• Location Access (GPS):
Permission: Access to your device's location services (GPS).
Why We Collect This: The app uses your location to show nearby restaurants, personalized dining recommendations, and location-specific promotions. This allows us to tailor your experience based on your proximity to restaurants and available offers. You can choose to enable or disable location services through your device settings.
• Camera Access:
Permission: Access to your device's camera.
Why We Collect This: The app may require camera access for scanning QR codes to redeem vouchers and validate rewards at participating restaurants. Additionally, users may upload photos of their dining experiences for reviews. You can manage camera permissions through your device settings.
• Photo and Media Library Access:
Permission: Access to photos, media, and files stored on your device.
Why We Collect This: This permission allows users to upload images when leaving reviews or interacting with certain platform features. Additionally, it may be used by restaurant partners for uploading menu images or promotional content. You can manage media access permissions through your device settings.
• Push Notifications:
Permission: Permission to send notifications directly to your device.
Why We Collect This: Push notifications are used to alert you about upcoming reservations, new promotions, booking confirmations, special offers, and reminders to redeem loyalty points. Users and restaurants can opt in or out of receiving notifications at any time through the app settings.
• Calendar Access (Optional):
Permission: Access to your device's calendar.
Why We Collect This: Users may choose to sync their reservations with their personal or work calendars. This helps you keep track of upcoming dining bookings alongside your other commitments. You can enable or disable calendar access in your device’s app settings.
• Contacts Access (Optional):
Permission: Access to your contacts list.
Why We Collect This: If enabled, this permission allows users to share restaurant recommendations, send referral links, or invite friends directly through the app. Contacts are only accessed if you specifically choose to use this feature. You can manage contacts access through your device settings.
2. Our Lawful basis for which we use your Personal Information
You hereby acknowledge that all processing of your personal information will be justified by a "lawful ground" for processing. In most cases, processing will be justified on the basis that:
a) Consent: We rely on your consent for specific types of data processing, especially when the law requires it. For example, we may request your consent to collect location data for personalized restaurant suggestions, send marketing communications, or access your contacts and calendar for additional features like sharing recommendations or syncing bookings. You have the right to withdraw consent at any time through the app settings or by contacting us. Your choice to opt in or out of these services will not affect the core functions of the platform.
b) Performance of a contract: We collect and use personal information primarily to fulfill our contractual obligations to both users and restaurant partners. For users, this means processing bookings, managing reservations, providing access to vouchers, and facilitating restaurant promotions. For restaurant partners, this includes handling subscription fees, managing listings, processing commissions on bookings, and ensuring smooth interactions with users. Without this data, we cannot provide the services outlined in our Terms of Service and Restaurant Partner Terms.
c) Legal obligations: EatBook may be required to collect and process personal data to comply with legal obligations. This includes keeping accurate records for financial audits, tax reporting, or regulatory compliance. We may also be required to provide information to authorities or regulators if compelled by law, such as during investigations or legal disputes. In such cases, we ensure that your data is processed in a secure manner and only shared with the relevant legal entities.
d) Legitimate interests: In certain cases, we process personal data to pursue our legitimate business interests, provided that your rights and freedoms are not overridden. This allows us to improve and optimize the EatBook platform, enhance your experience, and maintain platform security. Examples include analyzing usage patterns to make platform improvements, sending updates or notifications about new features, and monitoring behavior to prevent fraud or misuse of the platform. We ensure that this processing is necessary and balances our business goals with your privacy rights.
e) Protection of Vital Interests: In rare and exceptional circumstances, we may process personal information to protect the vital interests of users, restaurant partners, or the public. This could involve taking actions to prevent fraud, detect security threats, or protect individuals in emergency situations. For example, if there is a significant security breach, we may share information with relevant authorities to prevent further harm.
f) Public Interest or Official Authority: While this basis is rarely applicable to the EatBook platform, we may, in certain situations, process personal data to perform a task in the public interest or exercise official authority as required by law. This could include responding to specific legal requests from government bodies or law enforcement agencies in compliance with applicable regulations.
In any case, we will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract. Feel free to contact us for this purpose at info@geteatbook.com.
3. Use of Information
At EatBook, we utilize the information we collect for various purposes aimed at enhancing your user experience and providing you with our services. The ways in which we use this information include:
a) Providing and Managing Services: We use the personal information collected from users and restaurant partners to provide, manage, and improve the services offered on the EatBook platform. For users, this includes processing reservations, facilitating bookings, and redeeming promotions or vouchers. For restaurant partners, this includes managing restaurant listings, processing payments, tracking user interactions with promotions, and ensuring seamless operation of the booking and reward systems.
b) Personalization and User Experience: We use the information collected to personalize your experience on the EatBook platform. This includes offering tailored restaurant suggestions based on your preferences, location, and past interactions. Users may receive personalized notifications, recommendations, or promotional offers based on their activity. Similarly, restaurant partners may receive insights and suggestions to optimize their listings and promotions.
c) Communication with Users and Restaurants: We use the information to communicate with both users and restaurant partners. This includes sending booking confirmations, updates, reminders, and notifications about promotions or rewards. For restaurant partners, we may communicate updates about the platform, service-related announcements, or requests for listing updates. Users can manage their communication preferences, including opting out of marketing messages, through their account settings.
d) Processing Payments and Transactions: We use the provided payment information to process transactions between users and restaurants. This includes handling payments for bookings, subscription fees, and commissions. Payment data is securely processed through third-party payment providers, and we do not store full credit card information on our servers. We also use transaction data to track payments, provide invoices, and resolve any payment-related disputes.
e) Security and Fraud Prevention: We use personal information to ensure the security of our platform and to prevent fraudulent or unauthorized activities. This includes monitoring for suspicious behavior, verifying accounts, and investigating potential security incidents. In cases of misuse or suspicious activity, we may use the information to block or suspend accounts to protect users and restaurant partners.
f) Analytics and Performance Improvement: We use information about how users and restaurant partners interact with the EatBook platform to perform analytics, which helps us improve the functionality and performance of our services. This includes tracking app usage, reviewing how promotions and vouchers are redeemed, and identifying areas for enhancement. Aggregated and anonymized data may also be used for research and analysis to improve user experience.
g) Legal Compliance: We may use the information to comply with legal obligations, including tax reporting, auditing, and responding to regulatory requests. This involves storing certain transaction and account information to meet our financial and legal obligations. We also retain records of user consent and privacy settings to comply with data protection laws.
h) Feedback and Improvements: We use your feedback to enhance our services, develop new features, and improve user satisfaction.
4. Information Retention and Deletion
a) Retention Periods: EatBook retains personal information for as long as it is necessary to fulfill the purposes outlined in this Privacy Policy, including providing our services, complying with legal obligations, resolving disputes, and enforcing our agreements. The retention period may vary depending on the type of information and the specific purpose for which it was collected.
b) User Information: Personal information provided by users, such as account details, booking history, and preferences, will be retained for as long as the user has an active account with EatBook. If the account remains inactive for an extended period or is terminated by the user, we may retain certain data for a limited time to comply with legal and financial record-keeping requirements. After this period, the data will be securely deleted or anonymized.
c) Restaurant Partner Information: Information provided by restaurant partners, including business details, transaction history, and account information, will be retained for the duration of the restaurant’s partnership with EatBook. Upon termination of the partnership, certain data may be retained to comply with legal obligations or to resolve outstanding financial matters. Once these requirements are satisfied, the data will be securely deleted or anonymized.
d) Retention for Legal Compliance: In certain cases, we may retain personal information even after an account has been closed or a partnership has ended, if it is necessary to comply with legal or regulatory obligations. For example, we may retain transaction records for tax or audit purposes, or to comply with specific financial reporting requirements under applicable laws.
e) Deletion of Information: Users and restaurant partners have the right to request the deletion of their personal information from EatBook’s systems. Upon receiving a deletion request, we will securely delete or anonymize personal data unless we are required to retain it for legal reasons. If your data is deleted, we may retain minimal information to record the fact that you requested deletion and ensure no further data is collected from you.
f) Anonymization of Data: In some cases, instead of deleting personal information, we may anonymize the data so that it no longer identifies a specific individual or business. Anonymized data may be retained for research, analysis, or platform improvement purposes without further notice to you, as it no longer constitutes personal data under applicable privacy laws.
g) Backup and Archival Data: Please note that even after information is deleted from our active systems, it may remain in backups or archival records for a limited period of time. We regularly update and securely delete old backup data in accordance with our data retention policies.
h) Account Termination: When a user or restaurant partner closes their account, we will deactivate their account and remove or anonymize their personal information within a reasonable period, except for information that we are required to retain for legal or regulatory purposes.
5. Sharing of Information
EatBook takes your privacy seriously and strives to ensure that your personal information is treated with care and respect. We may share your information in the following circumstances:
a) With Restaurant Partners (For Users): When users make reservations or interact with promotions on the EatBook platform, we share necessary personal information with the restaurant partners. This includes reservation details, user contact information, and any special requests made during the booking process. This information is essential for restaurants to manage reservations and provide the requested services. Restaurant partners are required to handle this information in accordance with applicable privacy laws and the terms of this Privacy Policy.
b) With Users (For Restaurant Partners): To facilitate bookings and interactions, certain information about restaurant partners is shared with users. This includes business details such as restaurant name, address, contact information, menu items, promotions, and available services. This data is necessary for users to make informed decisions about bookings and to interact with restaurant offers. Restaurant partners’ personal information is not shared unless specifically agreed upon for marketing purposes.
c) With Service Providers: We may share personal information with trusted third-party service providers that help us operate the platform and provide our services. This includes payment processors, cloud storage providers, customer support services, and IT service providers. These third-party providers process personal data on our behalf and are contractually obligated to protect your information and use it only for the specific services they provide to EatBook.
d) For Legal Obligations and Compliance: In certain circumstances, we may be required to share personal information to comply with legal or regulatory obligations. This includes sharing data with government authorities, law enforcement agencies, or regulatory bodies in response to legal requests, subpoenas, or investigations. We will always ensure that such sharing is done in compliance with applicable laws and to the minimum extent necessary.
e) For Business Transfers: If EatBook undergoes a business transaction, such as a merger, acquisition, or sale of assets, personal information may be transferred as part of that transaction. In such cases, we will notify users and restaurant partners of the transfer and ensure that the receiving party upholds the privacy standards set forth in this Privacy Policy. You will be given the opportunity to opt-out if the new entity intends to process your personal data in a way that differs from this policy.
f) With Analytics and Advertising Partners: We may share anonymized or aggregated data with third-party analytics and advertising partners to help us understand how users interact with the platform and to improve our services. This data does not identify individual users or restaurant partners and is used to analyze trends, optimize functionality, and enhance user experience.
g) With Your Consent: In certain situations, we may share your personal information with third parties when you have given explicit consent to do so. For example, if you opt-in to marketing communications from specific partners or choose to share your data for promotional purposes, we will share your information as agreed. You have the right to withdraw your consent at any time by updating your preferences through the app settings.
h) For Security and Fraud Prevention: We may share personal information with relevant parties to protect the security and integrity of the EatBook platform. This includes sharing data with security services, fraud prevention partners, and other organizations to investigate and prevent fraudulent activities, hacking, or other security threats. This is essential to ensure the safety of both users and restaurant partners on the platform.
6. Storage and Security of Information
At EatBook, we prioritize the security and integrity of your personal information. We implement robust measures to protect your data and ensure its safe storage. Here's how we handle this crucial aspect.
a) Data Storage: All personal information collected from users and restaurant partners is securely stored on servers located in data centers that comply with high-security standards. Currently, we use Supabase for data storage, which adheres to industry-standard data protection practices. Depending on your location, personal data may be stored or processed on servers outside your country, including in Canada, where EatBook’s operations are based. By using the EatBook platform, you consent to the transfer, storage, and processing of your data in these locations, in accordance with this Privacy Policy and applicable laws.
b) Access Control: Access to your data is restricted to authorized personnel who require such access to fulfill their responsibilities. All individuals with access to user data are bound by strict confidentiality agreements.
c) Encryption: We employ robust encryption methods to secure your data both in transit and at rest. Data transmitted between your device and our servers is protected using Secure Socket Layer (SSL) technology or similar protocols, ensuring that your personal information is safeguarded against interception or eavesdropping.
d) Security Measures: Our security measures include firewalls, intrusion detection, and continuous monitoring to identify and respond to potential threats. We employ routine security assessments to strengthen our defenses.
e) User Authentication: We use industry-standard authentication and authorization practices to confirm the identity of users and restrict unauthorized access to accounts.
f) Password Protection: We encourage strong password practices, including password complexity and periodic password updates, to enhance the security of user accounts.
g) Training and Awareness: Our team is educated on security best practices and data protection. We continuously monitor and update our procedures to respond to evolving security threats.
h) Data Breach Response: In the unlikely event of a data breach, we have a response plan in place to quickly identify, contain, and mitigate the breach. We will notify affected users as required by applicable laws and regulations.
i) User Responsibilities: While we take all necessary precautions to protect your data, it is important that users and restaurant partners also take steps to secure their accounts. This includes choosing strong passwords, not sharing account details, and logging out of accounts after use on shared devices. If you suspect any unauthorized access to your account, please contact us immediately so we can take appropriate action.
While we implement stringent security measures, it's important to remember that no method of data transmission over the internet or electronic storage can be completely foolproof. We continuously work to improve our security practices and remain dedicated to protecting your information.
7. Links to other Sites
The website and App may contain links to third-party websites and online services that are not owned or controlled by us. We have no control over, and assume no responsibility for such websites and online services. Be aware when you leave the website; we suggest you read the terms and privacy policy of each third-party website, and online service that you visit.
8. Rights of users / Restaurants from Canada
As residents of Canada, users and restaurant partners on the EatBook platform have specific rights regarding their personal information under the Personal Information Protection and Electronic Documents Act (PIPEDA). These rights provide individuals with control over how their personal data is collected, used, and managed. Below is an outline of your rights under PIPEDA:
a) Right to Access: You have the right to request access to the personal information that EatBook holds about you. This includes details about how your data is being used, with whom it has been shared, and how long it will be retained. Upon request, we will provide a copy of the personal data we have on record, subject to certain legal or operational restrictions. To make an access request, you can contact our support team, and we will respond within a reasonable time frame.
b) Right to Correct or Update Information: If the personal information we hold about you is inaccurate or outdated, you have the right to request that it be corrected or updated. This applies to both users and restaurant partners. You can review and edit most of your personal information directly through the EatBook platform, or you can contact us for assistance in making changes.
c) Right to Withdraw Consent: In cases where we rely on your consent to process your personal information (e.g., for marketing communications, location tracking), you have the right to withdraw that consent at any time. Withdrawing consent may affect your ability to use certain features of the EatBook platform, but it will not affect the legality of data processing that occurred prior to the withdrawal.
d) Right to Data Portability: You have the right to request that we provide your personal data in a structured, commonly used, and machine-readable format, so it can be transferred to another service provider. This applies to data that you have provided to us directly and that we process based on your consent or a contract. We will work with you to ensure that your data is transferred securely and efficiently.
e) Right to Request Deletion: You have the right to request that we delete your personal information when it is no longer necessary for the purposes for which it was collected or if you choose to close your account. We will comply with your request unless we are required to retain the data to comply with legal obligations, resolve disputes, or enforce our agreements.
f) Right to Challenge Compliance: If you believe that EatBook has violated your privacy rights or failed to comply with PIPEDA, you have the right to challenge our practices. You can submit a complaint to our support team, and we will investigate your concerns promptly. If you are not satisfied with our response, you have the right to escalate your complaint to the Office of the Privacy Commissioner of Canada (OPC).
g) Right to Be Informed: You have the right to be informed about the collection, use, and sharing of your personal information in a clear and transparent manner. This Privacy Policy provides you with details about how we manage your data, and we will notify you of any significant changes to these practices in advance.
h) Right to Restrict Processing: In certain circumstances, you may have the right to request that we restrict the processing of your personal data. For example, if you contest the accuracy of the information we hold or object to certain processing activities, we may limit the use of your data until the issue is resolved.
i) Right to Object to Certain Processing: You have the right to object to certain types of data processing, such as the use of your personal information for direct marketing purposes. You can manage your preferences and opt out of marketing communications through your account settings or by contacting us directly.
To exercise any of your rights, please contact us at info@geteatbook.com.
9. Rights of users / Restaurants from California
This privacy notice section for California residents supplements the information contained in our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.
“Shine the Light” and “Eraser” Laws: Residents of the State of California may request a list of all third parties to which we have disclosed certain information during the preceding year for those third parties’ direct marketing purposes.
California Consumer Privacy Act (CCPA)/California Privacy Rights Act (CPRA): The CCPA, as amended by the CPRA, provides California residents and/or their authorized agents with specific rights regarding the collection and processing of their personal information.
CATEGORIES OF INFORMATION COLLECTED
In accordance with the California Consumer Privacy Act (CCPA), we are required to disclose the categories of personal information we collect about users and Restaurants. Below are the categories of personal information that we may collect:
1. Identifiers:
• Collected Information: Name, email address, phone number, account ID, IP address.
• Purpose of Collection: To create and manage user and restaurant partner accounts, process reservations and bookings, and facilitate communication between users and restaurant partners.
• Use: For user identification, account management, sending confirmations, and security purposes.
2. Commercial Information:
• Collected Information: Details of reservations, transaction history, purchased services, subscription information (for restaurants), promotions used by users, voucher redemptions.
• Purpose of Collection: To manage bookings, process payments, track transactions, and monitor service usage.
• Use: For record-keeping, payment processing, and tracking user and restaurant interactions with the platform.
3. Location Data:
• Collected Information: Geolocation data (GPS) or IP-based location data (if enabled by the user).
• Purpose of Collection: To provide location-based restaurant suggestions, personalize promotions, and help users find nearby dining options.
• Use: For personalized service recommendations and promotions, as well as for operational analytics.
4. Internet or Other Electronic Network Activity Information:
• Collected Information: Browsing history, search history, and interaction with the platform, including pages visited, features used, and time spent on the platform.
• Purpose of Collection: To monitor usage patterns, improve platform performance, and personalize the user experience.
• Use: For analytics, improving user experience, and ensuring platform security.
5. Payment Information:
• Collected Information: Credit card or debit card details, payment history, and billing information (for both users and restaurant partners).
• Purpose of Collection: To process payments for bookings, subscriptions, and promotions.
• Use: For payment processing and financial record-keeping. Payment data is processed by third-party payment processors.
6. Professional or Employment-Related Information (For Restaurant Partners):
• Collected Information: Business name, business address, business registration information, tax identification number.
• Purpose of Collection: To manage restaurant listings, verify business legitimacy, and process payments for restaurant services and commissions.
• Use: For account management, legal compliance, and payment processing.
7. Audio, Electronic, or Visual Information:
• Collected Information: Photos uploaded by users in reviews or by restaurant partners in their listings.
• Purpose of Collection: To enhance the platform with user-generated content and restaurant promotional materials.
• Use: For displaying visual content to other users or for marketing purposes.
8. Customer Service and Communication Data:
• Collected Information: Messages, emails, and inquiries sent by users or restaurant partners through the platform, including customer support interactions.
• Purpose of Collection: To respond to inquiries, provide support, and resolve issues.
• Use: For customer service and internal records of communication.
9. Inferences Drawn from Other Personal Information:
• Collected Information: Preferences, behavior patterns, and tendencies based on user activity, restaurant choices, and interaction with the platform.
• Purpose of Collection: To personalize the user experience, provide tailored recommendations, and optimize service offerings.
• Use: For user profiling and service personalization.
10. Sensitive Personal Information (Optional):
• Collected Information: Dietary preferences, food allergies (if provided by the user).
• Purpose of Collection: To enhance the user experience by allowing users to provide specific dietary preferences for personalized restaurant recommendations.
• Use: For customizing the user’s restaurant search results and offers.
We collect these categories of personal information to provide, maintain, and improve our services, facilitate transactions, communicate with users and Restaurants, ensure security and compliance, and enhance user experience. For more details on how we use your personal information, please refer to the Section 3 of this Privacy Policy.
Your Right to Know: California residents have the right to request that we disclose the following information to you about our collection and use of your personal information over the past twelve (12) months. We may ask you to provide certain information to identify yourself so that we may compare it with our records in order to verify your request. Upon verification, we will disclose to you:
• The categories of personal information we have collected about you.
• The categories of sources for the personal information we have collected about you.
• The specific pieces of personal information we have collected about you.
• Our business or commercial purpose for collecting or “selling” your personal information as defined by the CCPA.
• The categories of third parties to whom we have sold or shared your personal information, if any, and the categories of personal information that we have shared with each third-party recipient.
Your Right to Opt-Out of “Sale” or “Sharing” of Personal Information: California residents have the right to opt-out of the “sale” or “sharing” of their personal information as defined by the CCPA by contacting us at info@geteatbook.com.
Please note that we do not knowingly “sell” the personal information of any individuals.
If and where we are “sharing” your personal information with third parties for the purposes of cross-context behavioral advertising or profiling, you may opt-out of such sharing at any time by submitting a request at info@geteatbook.com.
Your Right to Limit Use of Sensitive Personal Information: California residents may have the right to request that businesses limit the use of any sensitive personal information to those uses which are necessary to perform the Services or for other specifically-enumerated business purposes under the CCPA, as amended by the CPRA. Please note that we do not use sensitive personal information other than as necessary to perform the Services or as specifically permitted under the CCPA.
Your Right to Delete: California residents have the right to request that we delete any of the personal information collected from you and retained by us, subject to certain exceptions. We may ask you to provide certain information to identify yourself so that we may compare it with our records in order to verify your request. Once your request is verified and we have determined that we are required to delete the requested personal information in accordance with the CCPA, we will delete, and direct our service providers to delete your personal information from their records. Your request to delete personal information that we have collected may be denied if we conclude it is necessary for us to retain such personal information under one or more of the exceptions listed in the CCPA.
Your Right to Correct: Under the CCPA, as amended by the CPRA, California residents have the right to request that we correct any inaccurate personal information we maintain about you, taking into account the nature of the personal information and the purposes for which we are processing such personal information. We will use commercially reasonable efforts to correct such inaccurate personal information about you.
Non-Discrimination: You will not receive any discriminatory treatment by us for the exercise of your privacy rights conferred by the CCPA.
To exercise any of your rights, please contact us at info@geteatbook.com
10. Rights of Virginia Customers
If you are a customer located in Virginia, you have specific rights regarding your personal information under the Virginia Consumer Data Protection Act (VCDPA). These rights include:
a) Right to Access: You have the right to request access to the personal information we hold about you. This allows you to receive a copy of the data we have collected and verify that we are processing it lawfully.
b) Right to Correct: You have the right to request correction of any inaccurate or incomplete personal information we hold about you to ensure that it is accurate and up-to-date.
c) Right to Delete: You have the right to request the deletion of your personal information where there is no longer a legitimate reason for us to continue processing it.
d) Right to Data Portability: You have the right to request the transfer of your personal information to you or to a third party in a structured, commonly used, and machine-readable format. This allows you to reuse your data across different services.
e) Right to Opt-Out of Data Processing: You have the right to opt-out of the processing of your personal information for purposes of:
• Targeted Advertising: Opt-out of your personal data being used for targeted advertising.
• Sale of Personal Data: Opt-out of the sale of your personal data.
• Profiling: Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.
f) Right to Non-Discrimination: You have the right not to be discriminated against for exercising your rights under the VCDPA. This means we will not deny you goods or services, charge you different prices, or provide a different level of service because you exercised any of your rights.
g) Right to Appeal: If we refuse to take action on your request, you have the right to appeal our decision. We will inform you of the reasons for our refusal and provide you with information on how you can appeal the decision.
Important Note: These rights will only be exercisable if and when our business falls within the threshold that makes the Virginia Consumer Data Protection Act (VCDPA) applicable to us.
To exercise any of these rights, please contact us at info@geteatbook.com. We will respond to your request in accordance with applicable data protection laws and take steps to confirm your identity before fulfilling your request to protect your privacy and security.
11. Rights of users from Florida
We are committed to protecting your privacy and ensuring the security of your personal information. As part of our compliance with the Florida Information Protection Act (FIPA), this section outlines the rights you have under this data protection law – if and when such act applies to our company. FIPA grants you certain rights concerning the collection, use, and disclosure of your personal information by businesses operating in Florida. We recognize the importance of these rights and aim to provide you with transparency and control over your personal data. Please take a moment to familiarize yourself with the rights described below, which empower you to make informed decisions about your privacy.
a) Right to Be Informed: You have the right to be informed about how your personal information is collected, used, stored, and shared by businesses under the Florida Information Protection Act (FIPA). This includes receiving clear and concise privacy notices that disclose the types of personal information collected, the purposes for which it is used, and any third parties with whom it may be shared.
b) Right to Access: You have the right to request access to your personal information held by businesses subject to FIPA. Upon submitting a valid request, businesses must provide you with a copy of your personal information in a commonly used and machine-readable format. This allows you to review the accuracy and completeness of your personal information and understand how it is being processed.
c) Right to Rectification: If your personal information held by a business is inaccurate or incomplete, you have the right to request its rectification. Upon receiving a valid request, businesses must promptly update or correct your personal information, ensuring that it is accurate and up to date.
d) Right to Deletion: You have the right to request the deletion of your personal information held by businesses subject to FIPA. Upon submitting a valid deletion request, businesses must delete your personal information, unless retention of the data is required by law or for legitimate business purposes.
e) Right to Restrict Processing: FIPA grants you the right to request the restriction of processing of your personal information by businesses. This means that businesses must limit the ways in which they use or process your personal information upon receiving a valid request, while still retaining the data. Restrictions may include temporarily suspending processing activities or limiting the purposes for which the personal information is used.
f) Right to Data Portability: You have the right to request the portability of your personal information held by businesses subject to FIPA. This means that upon submitting a valid request, businesses must provide you with your personal information in a structured, commonly used, and machine-readable format, allowing you to transmit it to another entity if desired.
g) Right to Opt-Out of Sale: Under FIPA, you have the right to opt-out of the sale of your personal information to third parties. Businesses are required to provide a clear and conspicuous opt-out mechanism for you to exercise this right. Once your opt-out request is received, businesses must refrain from selling your personal information, unless an exception applies under the law.
h) Right to Non-Discrimination: FIPA prohibits businesses from discriminating against you based on your exercise of your rights under the Act. Businesses cannot deny goods, services, discounts, or any other benefits based on your exercise of your privacy rights, except, where permitted by law.
However, it is pertinent to note that the above rights also come with certain exceptions. For any questions, clarifications, or to exercise any of the rights described above, please contact our designated privacy contact - info@geteatbook.com. We will promptly review and respond to your requests in accordance with the requirements of FIPA if you are entitled to such right.
12. Rights of users from Illinois
If you are a resident of Illinois, you have certain rights under the Illinois Personal Information Protection Act (PIPA) regarding the collection, use, and disclosure of your personal information by our company. We are committed to upholding these rights, and this section outlines the specific rights granted to you under PIPA:
a) Right to Know: You have the right to know what categories of personal information we collect about you and the purposes for which we use it. We are committed to providing transparency regarding the collection and use of your personal information. You can find detailed information about the types of personal information we collect and the purposes for which it is used in this Privacy Policy.
b) Right to Access: You have the right to request access to the personal information we hold about you. If you wish to exercise this right, please contact us through the methods provided in the "Contact Information" section of this Privacy Policy. We will respond to your request within a reasonable timeframe, as required by law.
c) Right to Correct: If you believe that any personal information we hold about you is inaccurate or incomplete, you have the right to request corrections. Please contact us with your request, and we will promptly review and update your personal information as needed.
d) Right to Delete: Under certain circumstances, you may have the right to request the deletion of your personal information. We will comply with such requests to the extent required by applicable law. However, please note that we may retain certain information for legitimate business purposes or as required by law.
e) Right to Opt-Out: You have the right to opt-out of the sale of your personal information to third parties, as permitted by PIPA. We do not sell personal information to third parties.
f) Right to Non-Discrimination: We will not discriminate against you for exercising your rights under PIPA. This includes denying you goods or services, charging you different prices, or providing you with a lower quality of service.
g) Contact Information: If you have any questions, concerns, or wish to exercise your rights under PIPA, please contact us at info@geteatbook.com. Please include "PIPA Rights Request" in the subject line of your email.
13. Rights of users / Restaurants from another State / Country
Depending upon the laws of your jurisdiction, you may be eligible for some or all of the following rights in respect of your personal information:
i. Right to obtain information: You may have a right to obtain information about how and on what basis your personal information is processed and to obtain a copy.
ii. Right to rectification: You may have the right to have any incomplete or inaccurate information we hold about you rectified and corrected.
iii. Right of Erasure: You may have the right to erase your personal information in limited circumstances where (a) you believe that it is no longer necessary for us to hold your personal information; (b) we are processing your personal information on the basis of legitimate interests and you object to such processing, and we cannot demonstrate an overriding legitimate ground for the processing; (c) where you have provided your personal information to us with your consent and you wish to withdraw your consent and there is no other ground under which we can process your personal information; and (d) where you believe the personal information we hold about you is being unlawfully processed by us.
iv. Right of restriction: You may have the right to restrict processing of your personal information where: (a) the accuracy of the personal information is contested; (b) the processing is unlawful but you object to the erasure of the personal information; (c) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defense of a legal claim or (d) you have objected to us processing your personal information based on our legitimate interests and we are considering your objection.
v. Right to object: You may have the right to object to decisions which are based solely on automated processing or profiling.
vi. Right to ask for a copy: Where you have provided your personal information to us with your consent, you may have the right to ask us for a copy of this data in a structured, machine-readable format and to ask us to share (port) this data to another data controller; or to obtain a copy of or access to safeguards under which your personal information is transferred outside of your jurisdiction.
vii. Right to withdraw your consent. You may have the right to withdraw your consent on using your personal data. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of our services.
viii. Request the transfer of your Personal Data. If you so have this right, we will provide to you, or to a third-party you have chosen, your personal data in a structured, commonly used, machine-readable format. Please note that this right may only apply to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
To make such requests, please contact us at info@geteatbook.com. Please note, we reserve the right to reject the request if you are not entitled to the right that you request to enforce.
14. Responding to Legal Requests
EatBook may disclose your personal information in response to legal requests from governmental authorities or law enforcement officials, or as required by applicable laws and regulations. This includes complying with subpoenas, court orders, or other legal processes, and protecting our rights, property, and safety, as well as the rights, property, and safety of our users and the public. We will take reasonable steps to notify you of such requests, to the extent permitted by law, and will only disclose the minimum amount of information necessary to comply with the legal requirement. Our priority is to ensure that your personal information is handled with the utmost care and in accordance with legal obligations.
15. Children Privacy
EatBook does not knowingly collect or solicit personal information from anyone under the age of 18. If we become aware that we have inadvertently collected personal information from anyone under 18, we will take steps to delete such information as soon as possible. If you believe that a child under 18 may have provided us with personal information, please contact us immediately at info@geteatbook.com so that we can take appropriate action.
16. Opting Out
At EatBook, we provide users and restaurant partners with options to control the use of their personal information. Below are the ways in which you can exercise your right to opt out of certain data collection, sharing, and processing activities.
a) Opting Out of Marketing Communications: You can opt out of receiving promotional emails, push notifications, or other marketing communications from EatBook at any time. To do this, you can update your preferences through the app’s settings or follow the "unsubscribe" link included in the emails. You may still receive service-related communications, such as booking confirmations or account-related notifications, which are essential to the operation of the platform.
b) Opting Out of Location Data Collection: If you do not want EatBook to collect location data from your device (via GPS or IP-based location), you can opt out by disabling location services in your device settings. Please note that disabling location access may limit certain features of the app, such as personalized restaurant recommendations based on your current location.
c) Opting Out of Cookies and Tracking Technologies: You can opt out of certain cookies and tracking technologies used by EatBook by adjusting your browser settings. Most browsers allow you to block or delete cookies. However, please note that opting out of cookies may impact your experience on the platform, including login functionality and personalized services. You can manage cookie preferences via your browser’s privacy settings.
d) Withdrawing Consent: If you previously provided consent for any data processing activity, such as receiving marketing communications or enabling location tracking, you have the right to withdraw your consent at any time. You can do this by updating your preferences in the app settings or contacting us at info@geteatbook.com. Withdrawing consent may affect your access to certain features of the platform, but it will not affect the legality of processing activities that occurred before your consent was withdrawn.
17. Choice of Law and Dispute Resolution
Unless provided by the relevant statute, rules, or directives applicable to the jurisdiction in which you reside, in case of any disputes, issues, claims or controversies arising out of or in relation to your use of the website. or our services, the governing law and dispute resolution mechanism as provided in the Terms of Service / Restaurant Partner Terms (as may be applicable to you) shall apply to this Privacy Policy as well.
18. Questions or concerns about this Privacy Policy
In the event you have any grievance regarding anything related to this Privacy Policy, or other policies or content of EatBook, in that case you may freely write your concerns through your registered email to Grievance Officer/Designated Representative at below:
• Name: Kevin Rubilar-Varas
• Email: info@geteatbook.com
• Postal: 4297 Ricard, Terrebonne (Québec) J6V 1G1, Canada
19. Updates to this Policy
EatBook may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or other factors. We will notify you of any significant changes by posting the updated policy on our platform and indicating the date of the latest revision. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your personal information. Your continued use of the EatBook platform after any changes to this Privacy Policy constitutes your acceptance of the revised terms.
20. Welcoming of Suggestions
We welcome your comments regarding this Privacy Policy. Please write to us at info@geteatbook.com.
Last updated on September 26, 2024