WEBSITE AND APP PRIVACY AND COOKIES POLICY
We understand that you do not want your personal information to be distributed indiscriminately. We aim to safeguard your privacy online. This document describes how we collect your information, what is done with the information, and the authority that you have concerning your information.
INFORMATION WE MAY OBTAIN FROM YOU
We may obtain and process the following information about you:
• personal information such as name, email, mailing address, and phone number that you give when finalizing forms on Restoranto. This includes registering as a user, uploading/submitting any material through Restoranto, subscribing to services, requesting any information, or become involved in any promotions and/or competitions that we might sponsor.
• your password and log-in details, in relation to an account sign-in facility
• your preferences, which aids us in giving you more custom offers
• your communications sent to us. Examples include comments, questions, concerns, and reporting issues concerning Restoranto and/or its content
• information from volunteer surveys that may occasionally be on Restoranto for research purposes
• any data that you download, resources that you access, and overall details of your visit to Restoranto
• information collected from your social networking profile, provided that you log-in via a social networking site.
You are not required to disclose any information mentioned above. Although, if some requested information is not provided, we may be unable to give you some of our services.
USES MADE OF YOUR INFORMATION
The information that you provide will be used to:
• aid us in creating and building a profile of your preferences; this helps us give you access to certain offers and services that suit your interest
• allow us to give you the information and services offered through Restoranto and to process your orders (deals)
• manage your account with us;
• share with our merchants toretrieve the deal you made from Restoranto;
• information will be exchanged with various companies for fraud protection and to reduce credit risk
• contact you through either phone, email, or mail if we need to discuss your deals you enter into on Restoranto.
• review any data that is downloaded from Restoranto;
• improve and customize the content and layout of the pages of Restoranto
• identify visitors to Restoranto;
• track the sales data and conduct research on demographics
• share with social networking sites if requested by you
• reveal to law enforcement when mandatory to do so by law,
With your consent and in accordance with our direct marketing policy, we shall also use the information you have given to contact you concerning offers, products, surveys, upcoming events, and services.
Additional information about you may be gathered automatically each time you visit Restoranto. That information may include the type of operating system, phone, internet browser you have, as well as the website used to get to the site. We will also obtain either your IP address (if accessing Restoranto via PC) or the unique identifier (if accessing Restoranto via mobile device). Both are identified automatically by our server. This information is used to obtain a wide range of demographic information for collective use and to aid us in administering an effective service on Restoranto.
Cumulative statistics may be revealed concerning visitors to Restoranto so that we can describe Restoranto services to potential merchants, advertisers, partners, and trustworthy third parties as well as any lawful reasons. However, these statistics will not include any personally identifiable information.
We may occasionally reveal personal information to our agents, contractors, and affiliates, of whom aid us in giving you the services offered through Restoranto; such as, the processing of deals, sending/receiving communications, answering information requests, analyzing various data, revising marketing lists, support services, and other various tasks. The information revealed to our contractors, affiliates, and agents will only be used when necessary to perform their required functions.
You agree that any of your personal information that we have, can be transferred to a third party or a restructured entity, if we are sold to a third party or we are restructured.
Your personal information may be revealed if possible fraud or cyber crimes are suspected, or when it is mandatory to do so according to the law. Also, to safeguard Restoranto and impose the terms in which you interact with us; as well as, imposing the rights, property, and personal safety of any individual.
Occasionally, Restoranto might public forums accessible to the users. Any information that you reveal in the forums becomes public information. You should be cautious and never reveal your personal information on the forums.
Occasionally, Restoranto might provide links to external site. We hold no responsibility for the privacy policies or information/content on external sites.
MARKETING TO YOU
Information that you request or that we believe may be relevant to you, may be send via email (provided you gave us your email address) and/or by push notifications. This also includes information concerning events displayed on Restoranto, if you have previously agreed to being contacted for these reasons. You will continue to have the option to opt-out of receiving email and/or push notifications, via the unsubscribe instructions located on any communications that are sent to you.
If you opt-in to receive offers and information (in which you find useful concerning their services and/or products) from third parties, we will allow verified third parties to send information directly to you.
You can check the relevant box on Restoranto, if you choose for us not to contact you with certain information concerning the services and/or products of third parties, or not to share any of your details with third parties (where they can send you information directly). If you wish for us to discontinue using your information in the ways mentioned, you can choose to unsubscribe through communications that are sent to you.
In addition, our contact details which are located at the end of the policy can be utilized to contact us if you would like to invoke your rights on this issue.
YOUR LOCATION DATA
Occasionally, we will need to obtain your approximate location, so that we can provide you with custom offers and so you can get the most from our service. Location data to be obtained includes: cell tower identification, longitude, latitude, etc. Location data is only to be used as long as is needed for us to acknowledge your requests for custom offers, after which the location data will be deleted. Location data can be exchanged with our merchants, so that you are provided with the best offers/deals at the time that matches your preferences.
As information submitted via the internet is never fully secure, we cannot promise the security of the information submitted by you via Restoranto, while the information is in transport via the internet, so any information submitted is at your own risk.
STORAGE OF YOUR INFORMATION
Our servers are based in the Netherlands and other European Economic Area countries. When you submit any information on Restoranto, it is stored onto our servers. We do this because it is required in order to get information processed. We might transmit the information that you submit to either our other office locations and/or third parties. These might be located outside the European Economic Area and could be handled by personnel working outside the European Economic Area. You concede to the storing, processing, and/or transmitting of information when you submit such information to Restoranto.
Under the Data Protection Act of 1998, you have the right to a copy of all personal information concerning you that we have. Per request, and for a nominal fee no greater than 10 Euro, we will give you a copy of your personal information. You reserve the right to fix any errors in the information that we have for you. You also have the right to prohibit the use of your personal information for direct marketing functions.
RESTORANTO COOKIES POLICY
Cookies are bits of information that a website transfers to a users’ hard drive to store and occasionally track information about your use of the site. Our web server sends cookies to your mobile device or computer when you visit Restoranto. Using cookies helps to make your use of Restoranto simple and efficient. A number of cookies we utilize are session cookies; those are cookies we use that only last during your web session and terminate when you close Restoranto. Other cookies utilized, persistent cookies, remember you when you return to Restoranto and remain longer than session cookies.
Cookies are used by us to:
• recall your prior visits to the site; meaning we can see the amount of individual visitors we get on the site. What this does, is it determines if we have enough space for the amount of users on the site.
• personalize areas of the promotional content and/or layout of the different pages on the site; and
• compile statistical information concerning your use of the site. This allows us to find out which areas of the site are the most popular to our visitors/users and allows us to enhance the site.
Certain third parties, such as social networking sites, that deliver services on our behalf establish cookies that are used by Restoranto. In addition, some cookies that are used by Restoranto are established by us.
If you do not want your browser to automatically acquire cookies, you can adjust your browser settings to alert you each time cookies are set, or to altogether block cookies. However, if you do choose to limit or block cookies that are used on the site, you may not be capable of utilizing Restoranto to its full extent. To learn more about cookies, including how to block cookies, please visit www.allaboutcookies.org.
Tracking Gifs, which are small image files embedded in the body or content of our site, might be set by either us or third parties, with regards of your use within the site. Tracking Gifs allow us or third parties to see which parts of the site are visited and to see which distinct content seems to be of interest.
Restoranto terms of service
1.3 We have the right to adjust the Terms at any time by adjusting them on Restoranto. If you have already made a deal with us, then the new adjustment(s) will not affect your deal. However, any new orders will be obligated by such new Terms, as well as the continued use of Restoranto.
1.4 As a user there is nothing in the Terms that will alter or lessen your rights under the Dutch law (“non-excludable statutory rights”).
1.5 For these Terms the definitions for certain words are seen below:
"Deal" means the offer and/or services displayed by a specific Merchant for which a booking can be created.
"Merchant" means a third party partner of Restoranto who retails the products and/or services for which a booking can be created.
"Booking" means the booking of a deal.
2. THE BASICS
2.1 Only those who are 18 or older may use Restoranto and create any Bookings. The continued use of Restoranto and the agreement to the Terms, assures us that you are indeed compliant with the age restrictions laid out within the Terms.
2.2 We grant you a limited licence to use Restoranto for your own personal and non-commercial use, provided that you comply fully with these Terms (e.g. you must not re-sell the Deals). We allow you, the user, limited license to use Restoranto for personal use only. Restoranto cannot be used in any way for your own commercial use. You must fully adhere to the Terms here within, for example you cannot re-sell any of the Deals.
2.3 We have the right to prohibit you from using Restoranto or claiming Deals. If you have already made deals, we will still honor them. The only reason we will not honor deals already made is if you have not adhered to the Terms; or if there are situations outside of our control.
3. ACCESS TO THE APP
3.1 We work hard to maintain Restoranto to be problem free. However, we cannot promise that there will be no errors, or that the operability of Restoranto will be always available and uninterrupted. Either due to a scheduled or unscheduled event, Restoranto may be unavailable and/or particular features/content may be unavailable. At our discretion, Restoranto may also be altered, suspended, or withdrawn with no notice. Hence, by agreeing to the Terms, you acknowledge that we are not accountable to any third party or to you in the event that there is alteration, suspension, or withdrawal of Restoranto; as well as any availability, alteration, suspension, or withdrawal of specific features/content of Restoranto.
3.2 Occasionally, we may modify the material and format of Restoranto. We have the right to adjust, replace, or withdraw any Deals or other types of information on Restoranto. By accepting these Terms, you acknowledge that the use of Restoranto is at your own risk and is on an “as is” and “as available” basis.
4. REGISTERING A RESTORANTO ACCOUNT
4.1 In order to claim any Deals on Restoranto, you must first download the application and register on Restoranto. You will need a registered account to view Deals, claim Deals, make modifications to your preferences, etc. We may annul your account or decline a new account at our discretion. Some reasons for this might be due to invalid personal email accounts or using an incorrect name/surname. However, we are not obligated to give reasons for annulling or declining accounts.
4.3 To register an account, you will need to sign up with your email address, phone number and choose a password or sign up through Facebook. By agreeing to the Terms, you acknowledge to keep your password confidential; and that you are completely responsible if you do not keep the confidentiality of your password. You also acknowledge that any person who you directly or indirectly allow to use your password (including not logging out of your account and someone else uses your device to make Deals or your password is seen and used to gain access to your account) is then authorized to act on your behalf to use Restoranto and make Deals via your account. If you are inclined to suspect that there has been a security breach, promptly inform us. We will immediately suspend your account.
4.4 A Restoranto account can only be registered once by an individual user. By accepting these Terms, you agree that you will not create fake accounts.
5. WHAT YOU ARE ALLOWED TO DO
5.1 Restoranto is to be utilized in accordance to the Terms and is only designed for non-commercial use. Content from Restoranto can be retrieved and displayed on a mobile device and computer. Content can also be printed and copied. Depending upon the following sections of the Terms, content may be stored (pages and bookings) in electronic form. If and when additional terms apply, the terms will be shown prior to accessing whatever features, contents, or parts are being accessed/
6. WHAT YOU ARE NOT ALLOWED TO DO
6.1 Unless otherwise noted in these Terms, you are not allowed to:
• save Restoranto pages on a server or any type of storage device that is connected to a network, or make a database by methodically downloading and saving the majority or all of Restoranto pages
• remove or change any content of Restoranto or attempt to circumvent security or interfere with the proper working of Restoranto or the servers on which it is hosted. Alter or delete any Restoranto content, try to bypass security, or inhibit the functioning of Restoranto or the servers hosting Restoranto
• create multiple Restoranto accounts
6.2 You must only use Restoranto and anything available from Restoranto for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates. Restoranto and anything available from Restoranto shall only be used responsibly, in accordance with the law, and shall not be used in a way that is damaging to our reputation and/or that of any of our associates.
6.3 All rights granted to you under these Terms will terminate immediately in the event that you have not followed your responsibilities as required by them (legally known as a "breach"). If you breach any of the Terms here within, then all the rights given to you under the Terms will there upon end.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 All of the intellectual property rights (including trade mark rights and copyrights) on any Restoranto content (including trademarks, logos, videos, photographs, sound, text, software, and graphics) are under our ownership and/or that of our licensors. You do not have rights in regards of intellectual property that is owned by us and/or our licensors; unless otherwise noted in the Terms. By accepting these Terms, you accept that you do not have any ownership rights from downloading any content of Restoranto. You must ensure that our copyright, trademark, and any other intellectual property rights/notices be shown in any reproducible content; such as printed content, copies, and stored pages from Restoranto.
7.2 You agree that by submitting any posting, images or other content for publication on Restoranto (Your Content), you retain any copyright you may have in Your Content, however you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or to incorporate it into other works in any form, media or technology, whether for commercial or non-commercial purposes. You waive any rights you may have in, or to be identified as the author, of Your Content.
7.3 The responsibility for Your Content lies exclusively with you. This includes social networking sites and other sites that you share your content with. We do not endorse any of Your Content or anything declared within Your Content. We specifically disclaim all liability in association with Your Content.
8. EXTERNAL LINKS
8.1 Occassionally, Restoranto might provide links to external sites. We do this because you may find the links as interesting or as a useful source for information. We cannot assure that the sites will always be available, nor are we responsible for anything on the sites and anything provided by the site. We may provide links to external sites, but that does not mean that we are associated with or support the site operators.
9. YOUR PERSONAL INFORMATION
10. PURCHASING DEALS
10.1 The relationship you have with the Merchant
We operate as a disclosed agent for our Merchants, so the contract of a Deal is between you and the Merchant. Because of this, there is likely to be more terms and conditions that apply to your Merchant contract, due to Merchants having their own terms pertinent to Deals. Any additional terms will be made known to you during the time of booking. You can also contact us for details regarding the additional terms. You acknowledge that anyone booking with a Merchant shall comply with those terms.
10.2 In regards of a certain Deal, as agent, we have no contractual obligations to you.
10.3 We do not sell the Deals, that is the Merchant. In the event that you have a dispute or complaint concerning the Deals, that lies between you and the Merchant. We do provide contact information about the Merchant in the confirmation email and/or redemption instructions you get after purchasing a Deal. We will try our best to assist you in providing feedback to a Merchant if you choose to request or assistance.
10.4 The placing of a Deal will constitute consent for us to pass your details to the Merchant. We will share certain booking details to the Merchant, because your contract is with the Merchant, not with us. You, therefore, accept that the Merchants are third parties, not a part of Restoranto. We simply take on the role of agent for Merchants. When you choose to purchase a Deal, you give consent for Restoranto to share your details to the Merchant.
10.5 You will get redemption instructions when you claim a Deal (for the majority of Deals) and you are to take the confirmation of the Deal with you to claim it.
10.6 On the Deal, it will show a specific time frame to go claim the Deal. You must acknowledge that and show up during the time frame specified. If you fail to do so, the Deal may not be available any longer and we may, no longer allow you to use our services.
10.7 Some Deals have a maximum number cap. If it does, you will be made known at the time of the booking.
10.9 If a Deal has been rescheduled or cancelled, we will try, with reasonable efforts, to inform you of the situation. However, we cannot guarantee to you that you will be notified before the time of the Deal. Therefore, it is your responsibility to determine if a Deal has been rescheduled or cancelled and also your responsibility to determine the new date/time of reschedule.
10.10 You claim a Deal by clicking the Deal that you want to claim and follow the prompts on the screen. You can verify and correct any errors in your order until you click the “Confirm Booking” button in Restoranto.
10.11 Certain Deals may require proof of identity and entitlement, such as age or student status.
10.13 If you try to trade, resale, sale, copy, or counterfeit the Deal, your account will be cancelled and the Deal will become void.
10.17 Written consent is required from Restoranto and Merchant if you want to use a Deal for promoting, advertising, contests, and/or sweepstakes.
10.19 In the event that you or your guests break any or the terms or conditions of the Deal or of the Merchant; the Merchant can choose to refuse or revoke admission of the Deal. `Latecomers are not assured to get the Deal. The Merchants choose whether or not to allow latecomers. You do have rights to the services/products stated on the Deal; however, the Merchant has the right to serve alternative services/products at the same value stated in the Deal.
14. OUR SERVICE STANDARDS
14.1 Our duties in these Terms will be performed with skill and care. As long as this is the case, we shall not be held accountable for errors or omissions. If we become aware of any errors or omissions, we will quickly correct them using all reasonable effort.
14.2 All conditions, warranties, or other terms (except as those stated in these Terms), either implied or conveyed by common law or otherwise, are excluded to the fullest extent of that permitted by law. You can exercise you legal rights under the law, to the degree that we cannot lawfully prohibit them, and claim any remedies that you could be granted under the general law.
15. OUR LIABILITY
15.1 For the following situations, there is nothing located in these Terms that will omit or limit our accountability to you:
• death/personal injury due to the result of our neglect;
• fraudulent misrepresentation;
• breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; (place Dutch law)
• under Part I of the Consumer Protection Act 1987 (place Dutch law)or
• for any other liability that may not, under the Dutch law, be limited or excluded.
15.3 Except as described in these Terms, Restoranto does not give any guarantee of the quality, safety, usability or any other facets of the Deals. Restoranto also does not engage in providing the Deals in which the bookings are expressed.
15.4 If we delay or fail to meet any of our agreements, caused by things beyond our control, we will not be held responsible.
15.5 Any photos displayed are designed to be only representative of the offer or Merchant. Your experience may differ from these.
16. SUSPENSION AND TERMINATION
16.1 If you break any of these Terms and we determine that you’re actions cannot be settled, then we can choose to suspend or terminate all of or a portion of your use of Restoranto, which includes your account. If your actions can be settled, we will ask you to do so in a reasonable timeframe. In the event that you do not do your part to settle the situation as we have asked, then your use of and account with Restoranto can be suspended or terminated.
16.2 Termination from Restoranto does not discriminate any remedies or other rights that we may have in accrued rights or liabilities that happened before termination, will not be biased.
17.1 The Terms here are only for you. You must obtain our permission if you want to transfer your rights or obligations of these Terms to another person, otherwise you may not do so without our permission.
17.2 Any and all correspondence you give us must be sent to us via email and in writing, delivered by post to the address given at the end of these Terms. We will respond to you either by email or by the postal address you provided at time of claiming a Deal. Any correspondence in writing must be sent first class and will be shown to be served on the fourth day after post.
17.3 In the event that we do not enforce any or our rights, it does not mean we waive such rights.
17.4 If any part of the Terms is determined to be null, that part will be removed and if and where possible all other parts will remain applicable and unaffected.
17.5 Only in accordance with 1.3, can the Terms be changed.
17.6 The Terms and any documents referred to within, establishes the whole agreement between you and us concerning the subject matter of the Terms. Any earlier agreements and understandings between you and us prior to these Terms are now extinguishedand these Terms now override any prior agreements and understandings.
17.7 Everything in these Terms are equally applied to and are designed for the interest of Restoranto and the Merchants during any given time and each has the right to impose the items in these Terms either directly or on its individual behalf; unless these Terms become changed or cancelled by us without the permission of the group members and Merchants. Regarding the prior sentence and Section 19.2 and 20.2, no term in this Agreement is an enforceable pursuant to the Contract Act 1999 by anyone who is not a party to it.
17.8 The Terms and any non-contractual connections between you and us will be ruled by Dutch law. You, therefore agree that any disagreement between you and us, or any Deal, shall be handled only by the closest court to your residence in the Netherlands.
18. DISPUTE RESOLUTION
18.1 In the event of a dispute, we ask you to contact us concerning any complaint against us. We will do our best to resolve any issues.
18.2 If you feel like you need to file a complaint against us, you can contact and apply at your nearest court in the Netherlands.
19. ADDITIONAL TERMS RELATING TO APPLE
When you download, access, and/or use Restoranto on the Restoranto operating system:
19.1 Restoranto must only be used and accessed on any device that is controlled and owned by you. Using Restoranto on Restoranto operating system, must be done in accordance with Restoranto’s usage rules, located in Restoranto Store terms of service;
19.2 You agree and accept:
a) Please contact us, if you have support or maintenance questions relating to Restoranto. Do not contact Restoranto store. Restoranto store does not have any responsibility in providing support or maintenance relating to Restoranto;
b) Claims about the use or possession of Restoranto are strictly between you and us; not you, anyone else, and Restoranto store. Unless otherwise stated in these Terms;
c) Concerning any claims by a third party concerning your possession and use (as is in these Terms) of Restoranto that violates intellectual property rights, Restoranto store is not responsible or accountable to you in regards to such claim; and
d) Despite that these Terms are between you and us and not Restoranto; Restoranto being a third party beneficiary under the Terms, has the right to carry out these Terms against you.
20. ADDITIONAL TERMS RELATING TO GOOGLE
When you download, access and/or use Restoranto on Google’s Android operating system:
20.1 Restoranto must only be used and accessed on any device that is controlled and owned by you. Using Restoranto on Google’s Android operating system, must be done in accordance with Google’s usage rules, located in Google Play’s terms of service;
20.2 You agree and accept:
a) Please contact us, if you have support or maintenance questions relating to Restoranto. Do not contact Google. Google does not have any responsibility in providing support or maintenance relating to Restoranto;
b) Claims about the use or possession of Restoranto are strictly between you and us; not you, anyone else, and Google. Unless otherwise stated in these Terms;
c) Concerning any claims by a third party concerning your possession and use (as is in these Terms) of Restoranto that violates intellectual property rights, Google is not responsible or accountable to you in regards to such claim; and
d) Despite that these Terms are between you and us and not Google; Google being a third party beneficiary under the Terms, has the right to carry out these Terms against you;
20.3 You certify and authorize that:
a) You will not be, and are not currently located within any country that has an embargo by the United States Government or that has been deemed by the United States Government as a “terrorist supporting” country; and
b) You are not on any United States government list of prohibited or restricted parties.
20.4 In the event that Restoranto does not comply to any promise applying to it, you can contact Google, and they will refund the purchase price, if any,of Restoranto to you. Besides that and to the maximum extent permitted by the law, Google does not get in or give into any promises, conditions, or other terms in regards to Restoranto. Google will not be responsible to you for any losses, claims, costs, or expenses in regards to Restoranto; or as result of you or anyone else using Restoranto or depending on the content of Restoranto.
21. CONTACT US
Please email any questions you may have to firstname.lastname@example.org