LEGAL NOTICE: PRIVACY POLICY

All pages on the TOP MENU website are protected: © 2013 All rights reserved

Privacy Policy of the Website and any TOP MENU mobile application

www.topmenu.ca (The «Website»)

Concerned with the respect of privacy, TOP MENU is committed to the protection of your personal information.

This document covers the policy of Top Menu (TOP MENU) regarding the protection of personal information (our « Privacy Policy »). This policy draws on the current laws in Canada, the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) 48-49 Elizabeth II, (1999-2000) and the Act Respecting the Protection of Personal Information in the Private Sector (L.R.Q., chapter P-39.1) in the province of Quebec, where the Head Office of TOP MENU is located.

YOUR ACCEPTANCE OF THIS POLICY

Important: By using the Website, you consent to the collection and use of your personal information by TOP MENU in accordance with the terms stated in this Policy.Please read this document in its entirety. TOP MENU reserves the right to modify this policy in the event of any change in the technological or legal environment or simply due to any modification of our Website. Any update of this policy will be published on this page. By continuing to consult this Website following the publication of an update, you consent to the fact that we use your personal information in accordance with the amended policy. The aim of this Privacy Policy is to inform you of the way in which the personal information that you share with us is used, treated and shared. Furthermore, when you visit our Website, you become subject to some responsibilities. We invite you to review the Terms and Conditions.

1. INFORMATION THAT WE COLLECT FROM YOU

1.1. When you use the service to place an order at a restaurant using the Website, we may ask you to provide information about you, including your name, contact details (such as your phone number as well as your email address), payment details (e.g. details related to the credit or debit card), or other details enabling your identification (« personal information »). Personal information does not include commercial information such as work address, job title, professional designation or phone number at work. We may also collect information about the use that you make of the website and the service as well as personal information about you from content (such as messages and reviews) that you post on the website and email or letters that you send us. The collection of personal information will be limited to necessary details for the useful purposes defined by this privacy policy. Information will be collected in a fair and legal manner.

1.2. By accessing the information of TOP MENU or the website or the service through mobile electronic means such as (among others) a cellphone, a tablet, a laptop or some other wireless device or technology, including a mobile application, you acknowledge that our collection and use of the data as defined in this privacy policy will also apply in this context. We may collect nonpersonal data related to the devices (such as technical data) from your wireless mobile device or your use of the website or of the service through a mobile device, e.g. data related to the location and certain characteristics of your device, which include its performance data, the cellphone company and the operating system, including the type of device and connection, the IP address, the mobile payment methods, the interaction with other retail sales technologies such as the use of NFC tags, QR codes or mobile device coupons. Unless you chose to remain anonymous by using the settings of the platform or device, this information may be automatically collected and used by TOP MENU if you use the website or the service on your mobile device by using a mobile application, the browser of the mobile device or otherwise.

1.3. We may collect certain personal information through system log entries and cookies. For further information about cookie-related practices, please consult article 4 below.

2. COOKIES

2.1. Cookies or How Electronic Personal Information Is Collected

As you visit certain pages of the Website, our servers transmit to you hidden files called «cookies». Your IP address (IP means Internet Protocol, a number that identifies you on the Internet) as well as the pages that you consulted are saved on our servers. All this electronic information is communicated to us automatically.

What is a cookie? A cookie is a small file that is transmitted by the server of the Website to your Browser. This file is saved on the hard drive of your computer for a limited time. To know more about cookies, go to http://cookiecentral.com.

Cookies allow the Website to save important information: the date of your latest visit of the Website, the pages consulted, the files that you download, the Browser that you use. Cookies help us calculate the number of people who consult our Website and the frequency and the source of those visits. Cookies allow us to customize our advertisements, to better target our service offering, to answer your questions about products and services and to notify you of the new offers and products. That is how we can improve our Website and the services it offers.

2.2 If You Prefer Not to Receive Cookies

Important: If you refuse the cookies, it will then be impossible for you to have access to the services that are offered by the Website and to which a subscription is mandatory. Moreover, you will not be able to fully enjoy the Website since certain features will be inaccessible.

  • So that it allows all cookies without notifying you.
  • So that it asks for your approval for each cookie individually.
  • So that it systematically declines all cookies.

This feature is normally to be found on the Preferences menu of your Browser, but its location may vary according to the Browser or the version of the Browser in use. To know more about cookie management in different versions of the most popular Browsers, please consult the Help menu of your Browser.

3. WEB BEACONS

At the present time, TOP MENU does not collect any personal information through web beacons, that is, through codes embedded in certain web pages, which allow to follow Internet users’ « footsteps ». TOP MENU may resort to that technology in the future and, if so, you would be duly notified by an amendment to this Privacy Policy.

4. USE OF YOUR PERSONAL INFORMATION

4.1. Your personal information enables us to provide you with access to parts of the Website reserved to subscribed users, to offer the service and provide comments, as well as to answer your questions when you contact us. It also allows us to charge you and enables us or the restaurant at which you placed an order to contact you about the service when necessary. TOP MENU or the restaurant may for example use your information to make you aware of an update of the situation or other information related to your order by email, phone, mobile device or mobile messaging (e.g. SMS, MMS, etc.) and deliver the order. We will furthermore use and analyze the personal information collected to manage, support, improve and develop our activities, for any other purpose that has been communicated to you, for example for statistical or analytical purposes, and to help us prevent fraud. As the case may be, now and in the future, you could have the possibility to communicate your preferences regarding the use of your data as defined in this privacy policy, and this possibility may be applied through the method of use of the service that you have chosen, e.g. a mobile device, a mobile application or a version of the Website.

4.2. We may use your personal information to communicate with you to know your opinion regarding the service and to notify you on occasion about important changes or developments pertaining to the Website or the service. You cannot decline receiving notifications regarding important changes or developments (e.g. modifications to this privacy policy or to the terms of the Website) unless you cease using the Website or the service.

4.3. Once you have provided your consent, you accept that we may use your personal information to inform your about other products and services that may be of interest to you, including services that may be subject to direct marketing. We may contact you for this purpose by phone, SMS, or even by email. You always have the choice to keep receiving such promotional documents and updates from TOP MENU. If you wish not to receive such information anymore, please consult the unsubscribe process in our newsletter and in messages sent by email.

4.4. Once you have indicated it, you therefore accept that we may also share your personal information with third parties (including third parties that are active in industries such as food, beverage, leisure, advertising and marketing). Those may use your personal information to inform you about products and services that may be of interest to you (by mail, telephone, mobile messaging [e.g. SMS, MMS, etc.] or email) and help us analyze the information that we collect to manage, to support, to improve and to develop our activities and the services that we offer. The personal information shared with third parties will be used in accordance to their own practices regarding privacy and over which TOP MENU has no control. You should therefore examine such practices with respect to privacy before you accept to share your personal information with such third parties.

4.5. If you wish that we do not use your data in such a way or if you no longer want us to contact you in the future, please give us notice by using the contact details presented in article 8 below or by modifying accordingly the permissions of your profile.

4.6. Please note that by submitting reviews about the Website, the service or the restaurants, you consent to our use of such reviews on the Website and in any promotional or marketing-related document. We will identify you for this purpose only by your first name and the city that you inhabit (and any other information that you authorize us to circulate periodically).

4.7. This privacy policy does not apply to other websites with which we maintain links through our own website. We strive to establish links only with websites that share our values. However, you should consult the privacy policy of any website linked to ours in order to understand the practices put forth with respect to personal data collection. We do not assume any liability regarding the content and the data collection policies of such websites.

5. HOW IS YOUR PERSONAL INFORMATION SAVED AND SHARED?

The information collected enables TOP MENU to meet your needs with respect to certain services and to send you precise information in the appropriate language. They also allow TOP MENU to offer you products and services that better match your preferences.

The use of your IP address and of your email address will be permitted for certain purposes, including the following:

  • To estimate by country, city or area the number of Internet users who visit the Website.
  • To solve issues related to the Internet service which are reported by users or people in charge of our information technologies.
  • To communicate with you information about updates and activities, privileges, promotional offers, products and services offered by TOP MENU, its partners and its sponsors; as the case may be.

6. MANAGEMENT OF YOUR PERSONAL INFORMATION

TOP MENU only saves personal information for the necessary period for a given purpose or as prescribed by the Act Respecting the Protection of Personal Information in the Private Sector. TOP MENU has established measures of suppression of information which are no longer required by law.

Your personal information will not be shared with any third party without your consent, except in the following cases:

  • To any organization or entity controlled by TOP MENU or which controls it.
  • To comply with legal or regulatory prescriptions.
  • To any affiliated organization or entity, provided that the information can improve the quality of the services it offers.
  • In the event that your behavior on our Website constitutes a breach of the Terms and Conditions.

7. WHO MANAGES YOUR PERSONAL INFORMATION?

The employees and executives of TOP MENU in Montreal are responsible for the management of your personal information. You can get in contact with them at any time by mail, by telephone or by consulting the « Contact » section of the Website. A representative of TOP MENU can get in contact with you to rectify or correct, if need be, any personal information that you have submitted.

Our policy with respect to the protection of personal information is subject to the Terms and Conditions [l2] of TOP MENU.

8. INFORMATION REGARDING RECRUITMENT

If you submit your personal details, including your curriculum vitae, through the recruitment section of TOP MENU, the following additional conditions will apply, and it is understood that you accept them by submitting this information:

The information that you submit to us may be taken into consideration by all members of the TOP MENU team or by any other entity related for hiring purposes or in response to a request that you send us. The information may also be shared with third parties working with TOP MENU and that wish to take this information into consideration for hiring purposes or in response to your request.

We reserve the right to get in contact with your former employers and/or verify the credentials that you provide us, without having the obligation to notify you in advance.

Following the proposal of a job offer, we may ask you to submit to a verification of your right to work in the work location put forward. The job offer will also be contingent upon said right, as well as all additional Personal Information or authorization that TOP MENU, at its sole discretion, may require to complete and validate any such job offer.

9. DISCLOSURE OF YOUR PERSONAL INFORMATION

9.1. The personal information that you submit to us will be saved on our servers which may be located in Canada or outside the country. Moreover, our employees or third parties that are working outside Canada, including businesses within the TOP MENU business complex (which corresponds to our subsidiaries and affiliated companies, our parent holding company and its affiliated companies) and that are acting on our behalf for purposes specified in this policy or for other purposes that have been communicated to you, could obtain your personal information or have access to it. We could for example send your personal information outside Canada for processing and registration to other businesses that are part of the TOP MENU business complex or by their service providers.

9.2. While your personal information is located outside Canada, it is subject to the laws of the country in which they are owned and may be subject to be disclosed to the government, the courts or the police authorities or regulatory agencies of the given country, in accordance with the laws of the country. Certain countries outside Canada and the European Economic Area do not always have similarly strong data protection laws, regardless of the protection mechanisms that we have put in place to ensure that your information is protected in accordance to this privacy policy.

9.3. The third parties with which we share your information may do business in various domains such as processing of credit card payments or service delivery to TOP MENU. Moreover, we must provide your personal information to any restaurant at which you have placed an order to allow the restaurant to process and deliver your order. By submitting your personal information, you give your consent to the aforementioned transfer, registration and processing. We will take any necessary and reasonable measure to ensure that your personal information is processed safely and in accordance with this privacy policy.

9.4. If our company concludes a joint venture or is sold to another commercial entity, buys it or merges with the latter, your personal information may be disclosed or transferred to the target company, our new business partners or owners or their advisors, insofar as the disclosed information continues to be used by the entity that has acquired it for purposes allowed under this privacy policy.

9.5. We may use the personal information that you submit if we are subject to the obligation to disclose or to share your personal information in accordance with any legal obligation (or when we believe that we are subject to such obligation) or to enforce the terms and conditions of the website or any other agreement that we have signed with you. This includes the exchange of personal information with other companies and organizations for purposes of fraud protection and the prevention thereof.

9.6. We will always take measures to guarantee that your personal information (if we transfer them to third parties that are providing us with services) will only be used in accordance with this privacy policy, including by ensuring that third parties are under the contractual obligation to comply with this privacy policy.

10. PERSONAL INFORMATION COLLECTED BY ORGANIZATIONS OTHER THAN TOP MENU

If the Website displays advertising announcements and contents originating from independent companies that are not linked with TOP MENU. These companies or organizations have their own policies with respect to personal data protection, which may differ from those of TOP MENU.

TOP MENU cannot be held responsible for the protection of your personal information when you buy or use the products and services of those companies or organizations.

11. WEBSITES HOSTED BY THIRD PARTIES

The Privacy Policy of TOP MENU only applies to the Personal Information submitted or collected on the Website. The Website contains a link to External Websites hosted by other access providers or other third parties that are not subject to this Privacy Policy or the other policies of TOP MENU.

Some of those websites may have an apparently similar interface to that of TOP MENU. These External Websites may possibly, thanks to cookies, request or compile information from you. When you submit Personal Information to these websites, you are subject to the policies of these External Websites and of their hosts. We encourage you to review the policy of every website that compiles Personal Information.

12. SAFETY

We take measures to protect the safety of your Personal Information. The entirety of your Personal Information is saved in our office space as well as on our secure server which is located in Québec. Only TOP MENU staff in need of this Personal Information to execute a precise task is authorized to access it. Our staff must enter a password allowing this access. Moreover, the servers on which we store Personal Information are kept in a secure location. The Website contains security measures which protect against the loss, a non-authorized use or an alteration of Personal Information and are under the control of TOP MENU.

13. SUBJECTION TO THE POLICIES OF THE ACCESS PROVIDER

We remind you that you are subject to the policy of our access providers when you consult this Website. Their own policy may be subject to any modification. TOP MENU does not provide any notification of a change in the policy of our providers, we therefore invite you to regularly review the policies of these providers.

14. CHANGES TO OUR PRIVACY POLICY

14.1. This privacy policy is up to date as of the date of the « last revision » indicated at the top of the page. The continuation of your use of the website and of the service after any change to our privacy policy will attest to your acceptation of the revised terms of this policy. Accordingly, we will process personal information in a way that corresponds to the latest version of the privacy policy after a period has passed following a notification of the modifications made.

14.2. Any change to our privacy policy will be posted on the website.

15. CONTACT DETAILS

15.1. You can help us by notifying us of any change that affects you, e.g. a modification of the delivery address for the orders or the phone number. If you would like to have access to your personal information, if you have comments or requests to voice with respect to our use of your personal information or if you find any mistake in the information that we hold about you, please communicate with us by email at contact@topmenu.com.

16. CONTACT DETAILS

For any question related to these directives, please contact:

TOP MENU WEB INC.
1001-225 Chabanel Street
Montreal (Quebec) H2N 2C9
Canada
For the attention of: Webmaster
Phone number: +1 (514) 737-3783
Email: confidentialité@topmenu.com
[l1] http://www.cookiecentral.com/