Effective October 2018
For the purposes of UK data protection legislation, CheaprEats is the data controller of your personal information.
- User: A person who has signed up and is registered with CheaprEats for the use or potential use of the Service
- Restaurant: The local business having sole responsibility for receiving and preparing orders for the User. The information we collect: CheaprEats collects personal information to deliver our Service to you, including through our Website and App. We collect personal information from you, such as: Things you and others do and provide:
- Account Information: We collect information when you create or update your CheaprEats account. This may include your name, email address, photo, birthday, country, language, currency, password, mobile phone number, social accounts, should you choose to connect them, and your banking information (including related payment verification information). We may also ask you about your preferences; for example, your favourite type of food.
- Your Location: CheaprEats requires your consent to track geo-location for use of the App.
When you use the App through your mobile device, we will track your geo-location
information, on a real time basis. Depending on which other products and services you use,
we may also collect your precise or approximate location through your IP address or Wifi.
- CheaprEats collects location information when our App is running in the foreground. If our App is running in the background, we will only collect your location information when it is required for the fulfilment of your order. For example, if you have an order in progress. The tracking will stop once your order is complete.
- You may use the App without enabling CheaprEats to track your location; however, this will affect the functionality available to you.
- Order Information: We collect details related to your use of our Service, including what you purchased, your order mode, date and time when you made the purchase, amount charged, pick up information (such as distance and route), your payment method, and whether you used a promotion code.
- Your network and connections: If you provide us access to your address book or social connections, we may collect names and other profile information from these sources. If you provide us access to your calendar, we may collect event information from this source (event information may include your response (YES/NO), date and time, location, subject/content, and number of attendees).
- User content: We may collect information that you submit when you contact CheaprEats customer support, or any information you submit about our restaurant partners including ratings, tags, compliments, photos, or comments. We will also track any content you submit relating to your team, such as team photos, discussions, or tags.
- Usage information: We collect information about how you interact with our Service. This includes information such as access dates and times, which features you used and which pages you viewed, crashes and other system activity, and third-party sites you were interacting with before using our Service.
- Technical data: When you use our App, we also process technical data such as IP address, Device ID or MAC address, and information about the manufacturer, model, settings, and operating system of your mobile device. We will also capture your application version. When you visit our Website, we may process technical data such as your IP address, visited webpages, the internet browser you use, your previous/next visited websites and the duration of a visit/session.
- Survey or demographic data: We may offer you the opportunity to participate in one of our customer surveys or research. If you choose to participate, we use the optional information and survey results to help us understand our customers and to tailor and enhance our service offerings, and promotions.
- Career Information: If you wish to apply for a job on our Website we will collect personal information such as your name, email address, phone number and additional information such as resume. We use the information collected within this area of the Website to register and process your application, to determine your qualifications for the position for which you have applied and to contact you. Information from other sources: These may include:
- Users providing your information in connection with our referral program
- Unless or until you activate your referral code, we may store your information as provided by the referrer in order to provide you with the relevant offer.
- Users providing your information as part of a dispute
- Business partners such as payment providers, social media services, or apps and websites that use CheaprEats’s API
- Publicly available sources
- Marketing service providers CheaprEats may combine information from various sources with information it collects. How we use your information CheaprEats uses the information it collects for the following purposes:
- Provide our service to you: CheaprEats uses the information we collect to provide,
maintain, personalize, and improve our products. We will use your information to:
- Create and manage your account. This includes using your phone number or email address to verify your identity.
- Show you restaurants near you. We use your location to allow you to view the Restaurants in your area. Your location also allows us to provide a walk distance and to determine when an order should be placed.
- Facilitate order fulfilment and pick up. If you place an order via CheaprEats, your order and profile information is shared with our restaurant partner for the purpose of fulfilling your order in accordance with our contract with you. This includes a photo, if you have chosen to upload one. The Restaurant that is fulfilling your order uses this photo to verify your identity. The Restaurant may also receive information about your company and team, if you have chosen to join a team.
- Process or facilitate payments.
- Enable the various features of our product for our legitimate interests where we have considered that these are not overridden by your rights. For example, personalization or sharing features. Personalization features may include showing you recommendations while content features include allowing you to share reviews, ratings, tags, and discussions.
- Troubleshoot software bugs and operational problems.
- User content and communication: CheaprEats may use content you submit, such as ratings, comments, or photos, to surface recommendations to other users and to facilitate the operations of our business. CheaprEats may also allow users to communicate with others on their team or with Restaurants. These messages, should you choose to participate, may be accessible by members of your team or Restaurants. CheaprEats may also allow Restaurants to communicate with users. For example, a Restaurant may contact you directly if there is a problem with your order.
- Research and development: CheaprEats uses your personal information for testing, research, analysis, and development of our products. This allows us, for our legitimate interests, to improve our products, improve the in store experience our merchants offer, and to determine where we should offer or focus our Service. We may share this information with third parties for industry analysis and statistics.
- Customer support: We use your profile, account, and usage information to assist you when you contact customer support. This allows us to direct your inquiry appropriately, investigate and assist you with your inquiry, and follow up to ensure the problem does not persist. We may also use your information to monitor and improve our customer service responses.
- We may also use your real-time geo-location information to address User or Restaurant support, technical, or business issues that may arise in the course of your use of the App. If you contact CheaprEats customer service while an order is in progress, and it is necessary to use your real-time geo-location information to address your question, our support personnel will seek your consent before consulting your location.
- Communications from CheaprEats: CheaprEats uses your contact information to communicate with you about your activity, our services, your account, and, if we have your prior consent, about CheaprEats news, special offers, and events. We may also contact you about studies and surveys.
- If you have placed an order through the App, we may send you push notifications to your mobile phone to let you know the ongoing status of your order. If you do not want to receive push notifications you can always withdraw your consent by changing your settings via the settings page of your mobile device.
- If an issue arises while processing your order (e.g. if a restauraunt has run out of chicken and you ordered jerk chicken), CheaprEats may contact you via text message to alert you to the issue. Standard text message and data rates may apply. If you wish to stop receiving text messages from CheaprEats, respond to a text message with the word ‘STOP’.
- We may also need to communicate with you about your account or CheaprEats’s service. For instance, we may send you an email to verify your username and password or let you know when our Service is temporarily suspended for maintenance.
- Only where we have your prior consent to do so, CheaprEats may also use your contact details to send you general updates regarding CheaprEats news, special offers, promotions, and contests. If you have entered your information into one of our in store devices, we may follow up with you regarding your inquiry. We may also display tailored advertisements on third party websites and other platforms. You may opt-out of receiving these updates at any time by following the instructions in each of our communications.
- CheaprEats rewards: We also use your order information for the purposes of crediting your CheaprEats Reward account and otherwise administering the loyalty program.
- Public forums: The Website and the App may offer publicly accessible blogs and community forums. We will use your personal information such as your name, email address, the messages or content you choose to post to administer and provide you with these services.
- Protect you, us, or others from threats (such as security threats or fraud).
- Enable or administer our business, such as for quality control, consolidated reporting, and customer service.
- Manage corporate transactions, such as mergers or acquisitions.
- Understand and improve our business or customer relationships generally.
- Enable us, Members, and Visitors to connect with each other, find jobs and economic opportunity, express opinions, exchange information, and conduct business. Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object. If you have any questions about the lawful bases upon which we collect and use your personal data, please contact our Data Protection Officer at [email protected]. How do we share or disclose your personal information? Sharing with our Service Providers: We may employ third party companies and individuals in Canada, the US or other jurisdictions to facilitate or provide certain services on our behalf, such as to process payments, provide customer support, provide geo-location information to our Restaurants, to host our job application form, to perform Website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website’s features) or to assist us in analyzing how our Service is used. These third parties have access to your personal information only to perform these tasks on our behalf and are contractually bound not to disclose or use it for any other purpose. For additional information about the way in which our service providers treat your personal information, contact us as set out below. We may transfer your personal information to the following countries and using the following safeguards outside the EEA:
- Canada - European Commission Adequacy Decision
- United States - Privacy Shield
- You have the right under certain circumstances to:
- be provided with a copy of your personal information held by us;
- request the rectification or erasure of your personal information;
- request that we restrict the processing of your personal information;
- object to the further processing of your personal information, including the right to object to marketing; and,
- request that your personal information be moved to a third party. You can exercise the rights listed above at any time by contacting us at [email protected]. You may opt out at any time from allowing further access by us to your location data by updating settings on your device. You can also stop all information collection by un-installing the App. You may use the standard un-install processes as may be available for your mobile device. Where we rely on your consent to process personal data, you have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object. If you have any questions about the lawful bases upon which we collect and use your personal data, please contact our Data Protection Officer at
[email protected]. If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority, (see European Commission: What are Data Protection Authorities (DPAs)?). The Information Commissioner is the supervisory authority in the UK and can provide further information about your rights and our obligations in relation to your personal information, as well as deal with any complaints that you have about our processing of your personal information. How long does CheaprEats retain personal information? Retention of personal information: We will generally retain your personal information until you cancel your CheaprEats account in order to meet our contractual obligations to you or until it is no longer required for the purposes stated above or to otherwise meet legal requirements. If you wish to cancel your CheaprEats account or request that we no longer use your information to provide you services, please contact us at [email protected]. After deletion of your account, we will anonymize your data, unless this data is necessary to comply with a legal obligation or resolve disputes. How does CheaprEats protect personal information?
- Our safeguards: CheaprEats has taken appropriate technical, physical and organizational security measures to protect personal information in our custody and control against unauthorized access, use, modification and disclosure. For example, we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) as well as physical safeguards at the locations where data is stored. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet. Any transmission of information by you to CheaprEats is at your own risk. We recommend that you do not disclose your password to anyone.
- You will only use the Service or download the Application for your sole, personal use and will not resell it to a third party;
- You will not authorise others to use your account;
- You will not assign or otherwise transfer your account to any other person or legal entity;
- You will not use an account that is subject to any rights of a person other than you without appropriate authorisation;
- You will not use the Service or Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
- You will not use the Service or Application to cause nuisance, annoyance or inconvenience;
- You will not impair the proper operation of the network;
- You will not try to harm the Service or Application in any way whatsoever;
- You will not copy, or distribute the Application or other CheaprEats Content without written permission from CheaprEats ;
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Service and the Application;
- You will provide us with whatever proof of identity we may reasonably request;
- You will only use our Application or Service through an internet connection you are authorized to use;
- You are aware that when Services may require receiving or sending messages by SMS (if available in your jurisdiction), standard messaging charges (if any) will apply;
- You will not use the Service or Application with an incompatible or unauthorized device;
- You will comply with all applicable laws including, secondary legislation of the area in which you are present while using the Application or Service. CheaprEats reserves the right to immediately terminate the Service and the use of the Application should you not comply with any of the above rules. PAYMENT The use of the Application and the Service is available to you free of charge. CheaprEats reserves the right to introduce a fee for the use of the Application and/or the Service. If CheaprEats decides to introduce such a fee, CheaprEats shall inform you accordingly and allow you to either continue or terminate your use of the Service. CheaprEats shall charge you on behalf of the Restaurant for the Order placed by you. You agree that you will pay for all Products you purchase from the Restaurant, and that CheaprEats may charge you the total amount for your Order using the payment method provided by you when registering for the Service for the Products (including any taxes and late fees, as applicable). You are responsible for the timely payment of all fees and for providing CheaprEats with a valid method of payment at all times. Any payment made is non-refundable. Payment options available to you when registering for the Service may include all major credit cards, Debit/Visa (traditional debit cards are not accepted), Google Pay, Apple Pay and Apple Pay Cash (in US only). CheaprEats uses a third-party payment processor (the “Payment Processor”) to link the payment card you provide to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of your credit card issuer in addition to these Terms. CheaprEats is not responsible for any errors by the Payment Processor. INDEMNIFICATION By accepting these Terms and using the Application or Service, you agree that you shall indemnify and release CheaprEats, its affiliates, its licensors, and each of their officers, directors, other users, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; your violation of any rights of any third party, including Restaurants arranged via the Application, or your use or misuse of the Application or Service. LIABILITY The information, recommendations and content provided to you on or through the Website, the Service and the Application are for general information purposes only and do not constitute advice. Your use of the Service and Application are at your sole risk. The CheaprEats Application and Service are provided on an “as is” and “as available” basis. CheaprEats does not guarantee that (the contents of) the Website or Application are free of errors, defects, malware and viruses or that the Website or Application are correct, up to date or accurate. CheaprEats shall not be liable for any damages resulting from the use of (or inability to use) the Website or Application, including damages caused by malware, viruses or any incorrectness or incompleteness of the Content or the Website or Application. CheaprEats shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with the Website or the Application, including but not limited to, damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses. Without prejudice to the foregoing, and insofar as allowed under law, CheaprEats’s aggregate liability to you in shall in no event exceed CAD$100.00. By using our Services, if there is a dispute between you and any Restaurant regarding the accuracy or information provided on or through our Application or Service, you may contact us directly ([email protected]) and we will assist you in resolving your issue directly with the Restaurant. CheaprEats and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty or condition that (i) the Application or Service will meet your requirements; (ii) the Application or Service will be uninterrupted, timely, secure or error-free; (iii) the quality of any products, services, information or other material purchased or obtained by you through the Application or Service will meet your personal expectations. For the avoidance of doubt nothing in these terms shall affect your statutory rights. Nothing in these terms shall limit or exclude our liability to you that, by applicable law, may not be limited or excluded. You expressly understand and agree that CheaprEats and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any loss of profits, goodwill, data (excluding personal information collected), opportunity or sales, or for any punitive, indirect, incidental, special, consequential or exemplary damages or other intangible losses (even if CheaprEats has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the service or application; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; or (d) any other matter relating to the service or application. CheaprEats will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control. LICENSE GRANT, RESTRICTIONS AND COPYRIGHT POLICY For the purpose of these Terms, the following definitions apply: “Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Application), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials. “CheaprEats Content” means Content owned or used by CheaprEats, its affiliates or licensors and made available through the Website, Service or Application, including any Content licensed from a third party, but excluding User Content. “CheaprEats Group” means collectively CheaprEats and any other affiliate, subsidiary, parent or sister company of CheaprEats. “User” means a person who accesses or uses the Service or Application. “User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available on the Website or through the Service or Application. “Collective Content” means, collectively, CheaprEats Content and User Content. Subject to your compliance with these Terms, CheaprEats grants you a limited, non-exclusive, non-transferable license:
- to view, download and print any CheaprEats Content solely for your personal and non-commercial purposes; and
- to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. Unless otherwise stated, the copyright and other intellectual property rights in the Website and/or Application and in material published on it (including without limitation photographs and graphical images) are owned by us, the Restaurants or our other licensors. These works are protected by copyright laws, trademark laws, and other intellectual property laws and treaties, both in Canada and around the world and all rights therein are reserved. For the purposes of these Terms, any use of extracts from the Website other than in accordance with these Terms is prohibited. You have no right to sublicense the license rights granted in this section. You may not use, copy, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, publicly perform, reproduce, transmit, stream, broadcast or otherwise exploit the Website, Service, Application or Collective Content, except as expressly permitted in these Terms. You may not reuse any Collective Content without first obtaining the written consent of CheaprEats. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CheaprEats or its licensors, except for the licenses and rights expressly granted in these Terms. Any rights not expressly granted in these Terms are reserved. LICENSE GRANTED BY USER We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on the Website or through the Service or Application. User Content will be deemed non-confidential and non-proprietary. By providing User Content to CheaprEats, you grant CheaprEats a non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Content for any purpose, in any medium and throughout the world (“License Grant”). You acknowledge that CheaprEatsl only acts as a passive conduit for the distribution of the User Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Content. CheaprEats does not continuously monitor User Content published by you or moderate between Users, nor shall CheaprEats be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent those of CheaprEats. Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify CheaprEats, its affiliates and licensors against all costs, expenses, damages, losses and liabilities incurred or suffered by CheaprEats or its affiliated companies related to any User Content posted or transmitted by you or your other use of the Website, the Service or the Application. CheaprEats reserves the right at its sole discretion to block or remove (in whole or in part) any User Content posted or transmitted by you and which CheaprEats believes is not in accordance with these Terms (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to CheaprEats. You agree to promptly notify CheaprEats in writing of any User Content which breaches these Terms. You agree to provide to CheaprEats sufficient information to enable CheaprEats to investigate whether such User Content breaches these Terms. CheaprEats agrees to make good faith efforts to investigate such complaint and shall take such action as CheaprEats in its sole discretion decides. However, CheaprEats does not warrant or represent that it will block or remove (in whole or in part) such User Content. APPLICATION LICENSE Subject to your compliance with these Terms, CheaprEats grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on a single mobile device that you own or control and to run such copy of the Application solely for your own personal use. YOU SHALL NOT
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way;
- modify or make derivative works based upon the Service or Application;
- create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device;
- reverse engineer or access the Application in order to
- design or build a competitive product or service,
- design or build a product using similar ideas, features, functions or graphics of the Service or Application, or
- copy any ideas, features, functions or graphics of the Service or Application, or
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application. misuse the Website and/or the Application (including by hacking or “scraping”).
- send spam or otherwise duplicative or unsolicited messages of any kind in violation of applicable laws;
- send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or anything which would violate third party privacy rights;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or
- Must be used for the intended audience and purpose, and in a lawful manner;
- May not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by CheaprEats;
- May be disabled by CheaprEats at any time for any reason without liability to CheaprEats;
- May only be used pursuant to the specific terms that CheaprEats establishes for such Promos;
- Are not redeemable for cash; and
- May expire prior to your use. Certain Promos may only be available to new users. New users are unique natural persons who have not yet created a CheaprEats account.
CheaprEats reserves the right to delay delivery of Promo benefits pending verification that a user has complied with the terms of the Promo, including verification of the user’s identity. CheaprEats users that make a referral code available to other must not make any false or misleading representations related to CheaprEats or the benefits a new user may receive upon signing-up for CheaprEats. CheaprEats reserves the right to deduct credits or other features or benefits obtained through the use of Promos by you or any other user in the event that CheaprEats determines or believes that the use or redemption of the Promo was in error, fraudulent, illegal, or in violation of the applicable Promo terms or these Terms.
CheaprEats credits earned have no cash value and will only apply in the local currency and are not transferable. If a purchase on CheaprEats exceeds the credit value in your account, the remaining balance will be charged to the registered credit card. CheaprEats promotions cannot be combined with any codes or other promotions.