PRIVACY POLICY

PRIVACY POLICY

This Privacy Policy (the “Policy”) explains, in plain and clear language, how TapTab, Inc., a Delaware corporation, and its affiliates and subsidiaries (“TapTab”), collects, uses and distributes personal information. The Policy applies to any and all users (“You”) of any TapTab software, website, mobile site, web application, mobile application, and any features, products, services or content contained thereon or related thereto (the “Platform”). By accessing or using the Platform in any manner, you accept and agree to be bound by the Policy, and to our collection and use of any personal information about you in accordance herewith.

By using the Platform, third parties, including, but not limited to, restaurants, bars, partners or agencies, may receive certain information about you. The Policy does not cover third parties, and TapTab takes no responsibility and assumes no liability for any use of information by such third parties, irrespective of how such parties may have received such information.

This Policy may help you understand what information we collect about You, how and why we collect and use such information, parties with whom we share such information, and your choices and rights in connection with our collection and use of such information.

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1. INFORMATION THAT WE COLLECT

TapTab collects the following information about You (collectively, the “Information”):

Personal & Usage Information. By visiting or using the Platform, you hereby authorize TapTab to collect personal information about You, including: name; username; password; phone number (including mobile phone number); email address; mailing address; billing information; meal preferences; dietary restrictions; special requests; favorite dishes, drinks and restaurants; dish reviews; restaurant reviews; list of restaurants at which you have used the Platform; reservations made through the Platform; amount paid for each meal using the Platform; items purchased using the Platform; all searches conducted through the platform; all pages or websites visited through the Platform, including restaurant profile pages; information about your reservations, including number, dates and times of reservations, restaurants at which you have made reservations and cancelations; names and contact information of people whom you invite to use the Platform, or join your reservations or tabs; responses to surveys; customer service requests; and any comments or information that you post on the Platform.

Payment Information. TapTab does not presently collect or store payment information (“Payment Information”), including your credit card type or number, expiration date, security code or address associated therewith. The Payment Information may be collected and stored by a third-party payment processor, and the collection, use and storage thereof is governed by such payment processor’s terms of use and privacy policies. As such, TapTab does not control, and, therefore, to the extent possible under applicable law, assumes no responsibility or liability for, the Payment Information or the security, use (including misuse), or disclosure thereof.

Third-Party Information. TapTab may receive, collect and store information, including account information, from third parties, including websites, applications, platforms, restaurants or individuals, which we may combine with other information that we collect about you.

Location Information. By using the Platform, if you choose to opt-in to ‘Location Services’ (or the like) on your mobile device, TapTab may collect and store information about your location. TapTab may use your location information for a variety of purposes, including, but not limited to, providing you lists of restaurants near you, allowing you to place orders at a particular restaurant, or sending you offers from restaurants in your general area.

Device Information & IP Address Information. TapTab automatically collects certain information when you use or visit the Platform, including, but not limited to, your device type (i.e., mobile phone, tablet, computer) and ID, your Internet Protocol (IP) address, browser, operating system, referring website (if any), your activity on the Platform, and time and place of use.

Preference Information. In order to customize menus for your convenience, TapTab offers you the choice to provide it with information about your dietary restrictions and dining preferences. You may, in your sole discretion, choose not to provide such information; if, however, you do choose to provide such information, TapTab may, in its sole discretion, share such information with restaurants, business partners and other third parties, to allow you to access the Platform’s complete functionality and customize communications.

2. HOW WE USE YOUR INFORMATION

TapTab may use your Information for the following purposes:

Provide Services. To provide you with access to products, services and features that the Platform offers, including, but not limited to, viewing restaurant lists and individual restaurant information, reserving tables at restaurants, joining waitlists, checking into restaurants, viewing menus, placing dish and drink orders, inviting users to join your tab, viewing and splitting and paying your tab, contacting servers, creating and viewing dish and restaurant reviews, referring friends, creating DishLists, and following other users.

Customize Your Experience. TapTab may use the Information to customize and/or improve your experience of the Platform, including providing you with restaurant, dish, drink or other recommendations based on your location, preferences or other criteria; hiding dishes or drinks that violate your dietary restrictions; provide information to our restaurant partners or other partners; or delivering targeted advertisements based on your location, preferences or other criteria.

Communicate. TapTab may use the Information to send you communications in the form of emails, texts or notifications. Such communications may consist of administrative notifications, including, but not limited to, account confirmation emails, password recovery emails, reservation confirmations, order confirmations, referral notices, DishList updates, new connections, receipts, summaries; email updates, including, but not limited to, offers, special promotions, recommendations, TapTab news, updates to our terms of service, new product or feature announcements, new restaurant partners, and special events; and special offers, promotions, or announcements from our restaurant partners; and customer service communications, including responding to your request and inquiries, and sending surveys.

Understand & Improve Platform. TapTab may combine the Information with information that we collect from other users to generate aggregate data that we use to: monitor, analyze and better understand how, where, when and why our users are using the Platform, including which features, products or services they like and do not like; improve the Platform; and enhance users’ experiences of the Platform, and its products, features and services.

Ensure Safety & Compliance with Law. TapTab may use the Information to protect users or others from dangerous, fraudulent, prohibited or unlawful activity; and comply with all applicable laws and regulations.

3.  WHY WE USE YOUR INFORMATION

If our use of your Personal Data (which shall have meaning ascribed to such term in the European Union’s General Data Protection Regulation 2016/679 (“GDPR”)) is governed by the GDPR, then we will process your Personal Data only when:

a) You have given us consent to process your data for one or more specific purposes (which consent may be withdrawn at any time by sending an email to [email protected], but which withdrawal (i) shall not impact the lawfulness of any processing that took place prior to such withdrawal and (ii) may partially or entirely limit your ability to use the Platform and any related services, products or features); or
b) When doing so is necessary for one of the following purposes:

  • Performance of a contract that we have with you, including to allow you to use the Platform and access the products, features and services in connection therewith
  • Compliance with our legal obligations
  • Protect your vital interests or those of another person
  • Perform a task carried out in the exercise of our official authority
  • For our legitimate interests, including, but not limited to, providing you with access to the Platform, conducting research and development, marketing and promoting the Platform, detecting fraud, or protecting our legal rights, except when such interests are overridden by your fundamental rights and freedoms

4. PARTIES WITH WHICH WE SHARE YOUR INFORMATION

TapTab shares your information as follows:

Parties with Whom You Share Your Information. If you use TapTab to post reviews, make comments, or otherwise create, publish or share content publicly, including through third-party platforms, then such information will be shared with other TapTab users, users of such third-party platforms or others who are able to access such content. In such cases, this Privacy Policy shall not govern the use and disclosure of the information that you shared, and the use and disclosure of such information shall be governed by the privacy policies of such third party platforms or such other platforms on which the information that you have shared publicly has been shared. TapTab takes no responsibility, and assumes no liability, for information that you have shared publicly on the Platform or on third party platforms.

Restaurants. TapTab may share certain information about you with restaurants in order to facilitate your use of the Platform or certain products, services or features thereof, or to allow restaurants to send you special offers or promotions (which you may opt-out of). If you use the Platform to, for example, make a reservation, join a waitlist, place an order, make a payment, save a restaurant or dish, provide a dish or restaurant review, or make a special request, TapTab may share the Information, or parts thereof, with those restaurants (or affiliates thereof) in connection with which you are using such features.

Payment Processors. Your use of certain services on the platform requires you to submit, and TapTab to share with restaurants, third-party payment processors, point of sale systems and other third parties (together, the “Payment-Related Parties”), Payment Information, which Payment-Related Parties may collect and store. By submitting Payment Information, you agree to the sharing of the Information, including Payment Information, with the Payment-Related Parties, and to their collection and storage thereof, and you understand and agree that the Payment-Related Parties may collect and store the Payment Information in accordance with their privacy policies.

Service Providers. TapTab may share the Information with service providers, including third-party vendors and service providers, as part of the conduct of our business, including, but not limited to, work on product design and development, hosting, data analytics, security, sales, marketing, advertising, customer service, and legal representation.

Upon Financing, Liquidation or Dissolution Event. TapTab may share the Information in the connection with a financing event, the transfer or possible transfer of all or a portion of TapTab’s business or assets in the context of a merger or acquisition, or upon the dissolution or bankruptcy of TapTab.

Government Authorities. TapTab may share your information with governmental authorities, including agencies or courts, in response to subpoenas, warrants or court orders; to establish, protect, defend or exercise the rights, interests or safety of TapTab, its shareholders, board members, officers, employees, consultants, contractors, users, other third parties or the public at large; or as required by law.

Prevent Illegal or Inappropriate Activity. TapTab may share your information if and when we believe it is necessary or appropriate in order to prevent, investigate or defend against any illegal, suspected illegal, fraudulent, abusive or inappropriate activities; or to ensure adherence to this Policy, TapTab’s Terms of Service, and/or other agreements to which TapTab is a party.

Third Parties. TapTab may share the Information with third parties to assist with their marketing efforts, and may, in its sole discretion, share aggregate and/or anonymous data with third parties. TapTab is not responsible, and assumes no liability, for the actions of such third partiers, and such third parties are only authorized to use the Information in accordance with those purposes that have been authorized by TapTab.

5. COOKIES

Cookies and other tracking technologies, such as web beacons, are small bits of code that are often stored on a computer’s hard drive. Web Beacons are small graphic images that may be used on the Platform or in email communications relating thereto that collect and monitor certain activities on the Platform. Third parties may use their own cookies or other tracking technologies, the use of which, to the extent permitted by law, is covered by their own privacy policies and not this Policy. TapTab may use cookies, web beacons and other tracking technologies, including those of third parties, for several purposes:

Save Preferences. To save and recall your preferences, so that you don’t have to, for example, log in every time that you visit the TapTab website or individual pages thereon.

Display Customized Content. To display certain content and advertisements on the TapTab website and other websites based on what you may have viewed in past visits to our website.

Analytics & Improvement. To allow us to acquire data about how our users use and engage the Website, the Platform, and our products, features, services, advertisements and communications; to measure their effectiveness; to improve the Website, the Platform and their features; and to ensure that we offer our users what we hope is the best possible experience that we can.

6. YOUR CHOICES

Location Information. You may choose to disable ‘Location Services’ or the like in your mobile device’s settings; however, in so doing, you may not be able to access some of TapTab’s features.

Mobile Notifications. TapTab may, from time to time, send you mobile notifications or text messages containing news, updates or promotions from the company or from our partners. You may discontinue your receipt of such notifications at any time, but, by doing so, you may not be able to use or enjoy some of TapTab’s features.

Email. TapTab may, from time to time, send you emails for a variety of purposes, including, but not limited to, marketing or promotions. If you do not want to receive such emails, you may unsubscribe from our emails using the “Unsubscribe” link contained in such emails. You shall not have the option of unsubscribing from emails related to the use or administration of your account, including, but not limited to, password recovery emails or cancellation confirmation emails, without cancelling your account entirely.

Restaurant Promotions. If you do not want to receive special offers or promotions from our partner restaurants or their affiliates, you may opt out of receiving communications from them by updating your account preferences or unsubscribing entirely from TapTab communiations.

Cookies. You may opt out of the use of new Cookies, disable Cookies and delete Cookies by changing the settings on your browsers on your computer(s). You may opt out of the use of Cookies on your mobile device by changing your device’s settings. Please note that rejecting cookies will limit your ability to use various features of our website.

Removal. You may, in your sole and absolute discretion, cease using the Platform altogether.

7. YOUR RIGHTS

EU & UK Residents

If and where GDPR applies to you, you have certain rights in connection with processing of data about you. Those rights, and a description, thereof, are as follows:

Access to Personal Data. You have the right to request confirmation that your data is being processed, and to receive a copy of the personal data that we have collected and are processing about you.

Request Correction to Personal Data. You have the right to request that we correct any inaccurate or incomplete Personal Data about you.

Request Erasure of Your Personal Data. You have the right to request that we delete your Personal Data when we have no good reason for us to continue to process it. You have the further right to request that we delete your Personal Data after you have exercised your right to object to our processing of your Personal Data.

Request Restriction of Processing. You have the right to request that we restrict our processing of your Personal Data under certain circumstances, particularly to establish the accuracy of your Personal Data or the basis for processing your Personal Data.

Data Portability. You have the right to request to receive Personal Data that you have provided to us in a structured, commonly used and machine-readable format and have the right to transmit those data to another party. This right applies only to automated data that you provided consent for us to use or where we used the information to perform a contract with you.

Object to Our Processing of Your Personal Data. You have the right to object to our processing of your Personal Data if we are processing your Personal Data on the basis of a legitimate interest to do so and, in your particular situation, you desire to object to such processing of your Personal Data. In such cases, unless we can demonstrate compelling legitimate grounds for processing your Personal Data or the processing of such data is required for the establishment, exercise or defense of legal claims, we shall no longer process your Personal Data. Where your Personal Data is processed for direct marketing purposes, you shall also have the right to object to its processing concerning you and, upon such objection, we shall no longer process your data for direct marketing purposes.

Not be Subject to Automated Decision Making. You have the right not to be subject to decisions based solely on automated decision-making if the decision would have a legal, or similar, impact on you.

How Long We Retain Information About You

We retain your Information for as long as we need to in order to provide you with access to the Platform, or for other legitimate and important business and legal purposes, including, but not limited to, complying with our legal obligations, resolving disputes, enforcing our agreements and enhancing the Platform.

If you are subject to the GDPR, upon your request and our verification of your identity, we will delete or anonymize your Information so that it does not identify you, unless we are legally permitted to maintain the Information, including to resolve issues or disputes relating to your account, where we are obligated to retain the Information by law, where we must retain the Information for audit, tax or accounting purposes, or where doing so is necessary for our legitimate business interests.

How to Exercise Your Rights.

If you are an EU or UK resident and you and you wish to exercise any of your rights in this Section, simply contact us at [email protected]. While we will respond to legitimate inquiries, we may require you to verify your identity in order to protect the privacy of your information.

Complaints.

If you are an EU or UK resident and you have any complaints about this Privacy Policy or any policies relating to our use of your Personal Data, simply contact us at [email protected]. If you wish to contact a Data Protection Authority, you may also complain to a data protection authority, a full list of which can be found here.

8. ROLE AS DATA CONTROLLER AND DATA PROCESSOR

Depending on your use of the Platform, TapTab may act as a data controller or a data processor.

If and when you create an account on the Platform, TapTab acts as a data controller with respect to the information that you provide in connection with your account, including, but not limited to, your name, email address, phone number, username, password, dietary restrictions, as well as information about your use of the Platform.

If and when you market to others on the Platform, TapTab acts as a data processor in order to allow you to market promotions, deals and dishes, which includes, among other activities, sending emails, notifications and confirmations, and allowing you to understand the interest in and responses to your marketing efforts. In such cases, TapTab only provides certain tools to you that you may use in your marketing activities.

9. EXTERNAL LINKS

The Platform may contain hyperlinks to websites, applications and resources provided by third parties, and not owned by TapTab. Such hyperlinks are provided to you for informational purposes only, and the Policy does not govern your use of such third party websites, applications and resources. You enter those websites, applications and resources solely at your own risk and you hereby acknowledge that TapTab has no control over, accepts no responsibility whatsoever for, and shall not be liable for privacy or other policies contained in those websites, applications or resources. If you access the Platform using a device powered by Apple Inc., Google, Inc., Microsoft Corporation or any other entity, your use of such devices is subject to such entities’ privacy policies, if any.

10. TRANSFERS OF INFORMATION ACROSS INTERNATIONAL BORDERS

TapTab may transfer information that it collects about you across international borders to parties located in countries other than your country of domicile or residence. Such parties may be located in countries in which privacy laws or regulations differ from or are less protective of your personal information than the laws and regulations of your country of domicile or residence. By using the Platform, you hereby consent to the transfer of information about you across international borders and to such parties.

11. CHILDREN

We do not knowingly collect any personal data from children under the age of eighteen (18) (the “Minimum Age”) and specifically request that persons under the Minimum Age not use the Platform. If we discover that a person under the Minimum Age has used the Platform in violation of our Terms, then we may take steps to delete that person’s data, including that person’s account on the Platform.

12. CHANGES TO PRIVACY POLICY

TapTab may change or update the Policy in its sole and absolute discretion from time-to-time. You agree that you will periodically review the Policy. TapTab shall notify you of material changes to the Policy by sending an email to you to the email address that you entered when registering on the Platform or by placing a prominent notice on the TapTab website or in the TapTab app. Any updates to the Policy shall come into effect once made or otherwise made known to Users. By using the Platform, you accept and agree to such version of the Policy as is in effect at the time of your use of the Platform. If you do not agree to the Policy or to any revised version thereof, your sole recourse is to immediately discontinue your use of the Platform.

13. HOW YOU CAN CONTACT US

If you have any questions about our Privacy Policy or anything else relating to the Platform, please contact [email protected].