PRIVACY POLICY

PRIVACY NOTICE FOR EMENU LTD - Consumer

This privacy notice provides information on how EMenu Limited (referred to in this notice as "EMenu") and third party operators using EMenu, (referred to in this notice as the "Operator"), use personal data relating to users (referred to in this policy as "you") of the EMenu platform (the "Application") and related services (together referred to in this policy as the "Services"). By using our Services you agree to EMenu using your personal information as described in this Privacy Notice. The terms “we”, “us” or “our” are each intended as reference to and any terms not defined in this Privacy Notice are defined in our Terms.

This notice is version 0.2 and was last updated on 08/01/2024.

1. Who are EMenu and the Operator?​

EMenu Limited is a company registered in England and Wales with company number 12436135

EMenu supports the Application for the Operator, however, the Operator is responsible for maintaining the application and takes on all liability with respect to the accuracy of the information in the Application. EMenu and the Operator each act as a data controller in their use of your personal data relating to the Application, as described in this privacy notice.

You can contact EMenu and the Operator using the contact details in paragraph 11 below.

2. Collection and use of data by EMenu

From time to time, we may receive personal information from third party sources, including advertising networks and social media platforms like Facebook but only where we have checked that these third parties either have your consent to process the information or are otherwise legally permitted or required to share your personal information with us. This information may include your likely demographic group.

2.1 Information you provide voluntarily/ automatically:

  • Personal Information Provided by You. The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make, and the products and features you use. The personal information we collect may include the following:

    • Names

    • Phone numbers

    • Email addresses

    • Job titles

    • Contact preferences

    • Contact or authentication data

    • Mailing addresses

    • Usage data

    • Device data

  • Usage Data: Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and setting and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’), and hardware settings).

  • Device Data: We collect device data such as information about your computer, phone, table or other device you use to access the Services. Depending on the device used, or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, internet service provider and/or mobile carrier, operating system, and system configuration information.

  • Registration Information when you create a EMenu account so we can:

    • Create your account so you can place Orders under our Terms

    • Identify you when you sign-in to your account;

    • Contact you for your views on our Services; and notify you of changes or updates to our Services.

  • Transaction Information when you place an Order with an Operator in order to:

    • Process your Order and send a receipt to you (though note, Emenu never stores your credit card information in our systems);

    • Communicate your Order to the Restaurant;

    • Send you status updates on your Order;

    • Reply to your Order queries and questions and to resolve problems;

    • Carry out analysis and research to develop and improve our Services; and protect you and the Services by seeking to detect and prevent fraud or other acts in breach of our Terms or policies relevant to the Services.

  • Information regarding your marketing preferences so we can:

    • Send you customised marketing about our products or services. You will of course be able to opt-out at any time by info@emenunow.com or by changing your preferences.

  • Feedback on your views of our Services in order to:

    • Reply to your questions or queries;

    • Publish reviews you submit to us about our Operators and Services Services; and conduct analysis and research to improve and develop our Services. 

2.2 Your information may also be used by us for our legitimate business interests of promoting our business and services to users and developing new products and services, in particular:

  • To improve and personalise your user experience within the Application or Website;

  • With your opt-in permission, to send you marketing communications relating to our products and services, and, where you have separately consented to this, third party products and services, that we think may be of interest to you.  You will of course be able to opt-out at any time by info@emenunow.com or by changing your preferences.

2.3 Legal basis we rely on to process your information

In short: We only process your personal information when we believe it is necessary and we have a valid legal reason (i.e. legal basis) to do so under applicable law, like with your consent, to comply with laws, to provide you with services to enter into or fulfil our contractual obligations, to protect your rights, or to fulfil our legitimate business interests.

The General Data Protection Regulation (GDPR) and UK GDPR require us to explain the valid legal bases we rely on in order to process your personal information. As such, we may rely on the following legal bases to process your personal information:

  • Consent. We may process your information if you have given us permission (i.e. consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Learn more about withdrawing your consent.

  • Performance of a Contract. We may process your personal information when we believe it is necessary to fulfil our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.

  • Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.

  • Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person. 

In legal terms, we are generally the 'data controller' under European data protection laws of the personal information described in this privacy notice, since we determine the means and/or purposes of the data processing we perform. This privacy notice does not apply to the personal information we process as a 'data processor on behalf of our customers. In those situations, the customer that we provide services to and with whom we have entered into a data processing agreement is the 'data controller' responsible for your personal information, and we merely process your information on their behalf in accordance with your instructions. If you want to know more about our customers' privacy practices, you should read their privacy policies and direct any questions you have to them.

3. Your payment card details

Payment services may process card details. Payment processing services are provided by a third party such as Stripe. The Application will transfer payment details directly from Stripe (or other payment provider) to the Operator’s point-of-sale system. By inputting payment card details, you are consenting to use of such details by Stripe (or other payment provider), the Operator and EMenu for the purpose of processing your order.

Your card details may be securely stored by Stripe (or other payment provider) for ease of use in future transactions using the Application. However, your CSC/CVV number is not stored by EMenu and must be entered each time you use a card for authentication unless you are using a digital wallet such as Apple Pay. EMenu does not store your card details on its systems, although we may hold a token which retains some of the digits. This enables you to identify the appropriate card in future transactions and on your payment receipt. You may remove payment cards from the Application at any time. Payment transactions are between you and the Operator, however, EMenu may be paid a commission.

3.1 Your Operator visits

The Application allows you to place orders and process payments with the Operator. The details of your bill will be used to deliver the Services and generate your payment receipt in relation to your order. We use this for the purpose of performing the contract with you.

EMenu may also collect data relating to your visits (including the food you chose, the outlet you visited and when, bill amounts and your payments) to provide receipt history in respect of your order, and for analysis and statistical purposes (see paragraph 5 below). This data is collected through the Application and may include data from the Operator’s point of sale system.

We may also collect other data you provide us with in the course of providing the Services, for the purpose of providing the Services and, where this data is a special category of data, such as allergy or health related, with your consent.

4. Contacting EMenu

If you contact EMenu in relation to the Application (via email, telephone, post or otherwise), it may collect and retain your contact details and your communication for the purpose of handling your query and keeping records of communications. This is used for our legitimate business purposes of responding to your queries and record keeping which is necessary for the provision of quality assurance and customer services.

5. Use of data by the Operator

EMenu runs the Application for the Operator and data collected through the Application may therefore be accessed by or disclosed to the Operator. As well as payment transaction data (see paragraph 2.2 above), this may include your EMenu user details, demographic information and details relating to your experience at Operator’s. This data may be used by the Operator for:

  • Managing your payment with your consent (see section 3);

  • Analysis and statistics (see section 7 below) for our and the Operator’s legitimate business interests in seeing how the App and the outlet are used; and subject to obtaining your consent (which is sought as an opt-in via the Application), sending you marketing communications by email.

The Operator may also combine your data with other data used in its business (including data collected from its point of sale system) for its legitimate business interests of improving its products and services and customer satisfaction.

6. Combining with data from other sources

Information collected using the Application and relating to your visits to Operator’s may be combined by EMenu with data from other sources as follows:

  • Data from the Operator’s point of sale system may be used as referred to in paragraph 2.3 above;

  • If you use another EMenu application, EMenu may combine data obtained from this Application with data processed in relation to that application.

The combined data may be used by EMenu for its legitimate business interests of improving and developing its products and service offerings and customer experience and for the same purposes outlined in this policy.

7. Analysis and statistics

EMenu and the Operator may use the data they collect about you for analysis and statistical purposes, for example to analyse how many users are visiting particular outlets at particular times, food preferences, and the characteristics of such users, for example their age or gender.

Statistics and results of analysis (anonymised and without reference to your personal data) may also be shared with other partner restaurants, food outlets and their suppliers for the purpose of improving the customer experience within restaurants and food outlets. We use this for our and our partners’ legitimate business interests of improving our products and service offerings and customer experience.

8. Support

In the course of providing telephone support to you in your use of the Application or Services, we or our service providers may record the calls for quality assurance purposes. This is in our legitimate interests for the purposes of quality assurance and customer services. Any data collected in this way may be retained for a limited period, after which it will be deleted.

9. Other use of your personal data

EMenu and/or the Operator may also use and disclose your personal data for our legitimate business interests for the purposes of:

  • Checking your compliance with the EMenu terms of use for the Application;

  • Administration and maintenance of the Services;

  • Compliance with legal obligations, or protection and enforcement of legal rights (including EMenu’s, the Operator’s and those of their partners or other users); and/or

  • Managing actual or potential business transactions (e.g. in the case of an acquisition of EMenu’s or the Operator’s business).

10. Disclosure of your personal data to third parties

EMenu and/or the Operator may disclose your personal data for the purposes outlined at sections 2 to 6 above to third parties, including:

  • Service providers (see below) and professional advisers;

  • Governmental bodies and law enforcement authorities;

  • Any purchaser of EMenu’s or the Operator’s (as the case may be) business; and

  • Other third parties where required or permitted by law.

11. Storage and security of your personal data

Your personal data may be stored and maintained by EMenu, the Operator and/or their/our service providers such as Stripe, other payment providers, payment gateways and support providers. Whilst EMenu and the Operator are based in the UK, their service providers may have servers located overseas, where the laws may not give the same level of protection to personal data as within the UK. However, we have agreements in place with these service providers which limit their use of the data and place strict security obligations on the service providers with respect to how your data is used. In addition, where the service providers are based outside of the EEA, we rely on approved mechanisms such as Privacy Shield or the model contracts approved by the European Commission to provide safeguards for you.

12. Removal of your details

You may request removal of your live profile on the Application at any time by sending an email to EMenu at info@emenunow.com

EMenu and the Operator may however retain certain aspects of your profile and other personal details for the purposes of maintaining records of their dealings with you, analysis and statistics and in the case of the Operator, subject to compliance with applicable law, its own marketing purposes.

EMenu may remove your profile in accordance with paragraphs 5 and 8 of its terms of use, including in the circumstances where you breach its terms or have not used the Services for a substantial period of time. Where EMenu retains certain aspects of your personal data for the purposes of maintaining records of dealings with you, this will be for a period of approximately 7 years from the date of last use by you of the Application.

We will not keep your personal data for longer than we need it. We will keep under review the retention periods outlined above and change them as necessary.

13. Your rights

You have the right to request a copy of the personal data we hold about you. If you would like to access a copy of any personal data which EMenu or the Operator hold about you, or if you wish to change your consent regarding email marketing communications, please send a request by email or by post using the appropriate contact details in paragraph below. We try to respond to legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case we will notify you and keep you updated.

You have the right, in certain circumstances, to object to EMenu or the Operator processing your personal data or to request that your personal data is corrected or deleted or that our processing of your data is restricted. Please contact them to discuss this as required.

In addition, where our processing is based on your consent, you have the right to withdraw consent at any time.

You also have the right to complain to the data supervisory authority if you are unhappy with our processing of your personal data. The data supervisory authority in the UK is the Information Commissioner’s Office at www.ico.org.uk.

14. Queries

If you have any queries in relation to the processing of your personal data by EMenu Limited or the Operator, please contact the Operator in question directly or EMenu as follows:

EMenu Limited, 76 Hansol Road, London, DA6 8JG

Email: Info@Emenunow.com