TextRestaurants¨ Privacy
Policy
- This privacy policy (ÒPrivacy PolicyÓ) describes our, ProText LLC (ÒProTextÓ, ÒTextRestaurantsÓ, ÒweÓ, ÒourÓ or ÒusÓ), information practices
in connection with its mobile software application (ÒAppÓ), as well as
the www.TextRestaurants.com and other websites operated
by TextRestaurants (together with their subdomains, the ÒSitesÓ, and the
App and Sites collectively, the ÒServicesÓ).
The section and sub-section headings used below are for convenience of
reading only (and are not to be used for interpretive purposes), but we
hope they make navigating this Privacy Policy easier.
- TextRestaurants does not itself host the Services Ð all
hosting is done by third party hosting providers that we engage. This
means that data you provide us or that we or third parties collect from
you (including any Personal Information) is hosted with such third party service providers on servers that they own
or control. Regardless of where such third party
service providers themselves are based (and some are US-based), their
servers may be located anywhere in the world (including the US). Your data
may even be replicated across multiple servers located in multiple
countries. So please be aware that you are consenting to your data being
transferred to various third party service providers around the world.
- Generally speaking, TextRestaurants receives
information because:
- you have provided it to us;
- we collect it from you; and/or
- third parties we engage (such as
a data analytics provider) collect it from you on our behalf. This
happens in cases where we use or deploy third party tracking technology,
or where we otherwise give these third parties access to our technology. So where we describe below in Section _4_ (Information
We Collect From You) the ways in which we collect information
from you, you acknowledge that such collection may also be carried out by
third parties.
- In some cases, our Affiliates (defined below) will be
collecting the information from you, or the information you provide will
actually be provided to them. So where we
describe in this Privacy Policy the ways and circumstances in which we
receive or collect information from or about you, it may actually be our
Affiliates that receive or collect such information. Similarly, as further
described in Section 5 (The Way We Use Personal Information) below,
we also reserve the right to transfer your Personal Information to our
Affiliates. ÒAffiliateÓ means, with respect to TextRestaurants, any
person, organization or entity controlling, controlled by, or under common
control with, TextRestaurants, where ÒcontrolÓ means the possession,
directly or indirectly, of the power to direct or cause the direction of
the management and policies of such person, organization or entity,
whether through the ownership of voting securities or by contract or
otherwise.
The information we
receive may be about you, your contacts, the products and services you use, as
well as the ways in which you use such products and services (including the
Apps and Sites). For the purposes of this Privacy Policy, we categorize
information as either Personal Information or Anonymous Information.
ÒPersonal
InformationÓ means information that may be used,
either alone or in combination with other information, to personally identify
an individual, such as a first and last name, an email address, profile
picture, product reviews, phone number, a home or other physical address, and
other contact information.
ÒAnonymous
InformationÓ means information which is not Personal
Information, including without limitation aggregated or statistical
information, and Personal Information that has been de-identified, hashed or
otherwise anonymized.
- App Licensing Terms. This Privacy Policy forms
part of the AppsÕ respective licensing terms which you accepted prior to
downloading and/or using the App for the first time (in each case, the
ÒApp Licensing TermsÓ); for the TextRestaurants App, thatÕs the End
User License Agreement, the definitive version of which can be viewed at eula.textrestaurants.com
- Consent and Modification. You are not legally
obligated to provide us with any Personal Information (and you acknowledge
that providing us with Personal Information is done freely). Nor are you
required to use the Services in the first place. By using any part of the Services you consent to this Privacy Policy and to our
information practices described herein. If you do not agree to this
Privacy Policy, please do not access or otherwise use any part of the
Services. We reserve the right, in our sole and absolute discretion, to
change this Privacy Policy at any time. Such change will be effective ten
(10) days following posting of the revised Privacy Policy on the Sites,
and your continued use of the Services after such 10-day period shall mean
that you accept those changes.
- Information You Provide To Us. Currently,
we require you to provide us with certain types of Personal Information in
order to use the Services and benefit from some of its features. Here are
some examples:
- Account Creation. In order to create an App
account (ÒAccountÒ), you may be required to have, and provide us with,
a telephone number. Creating an Account may also require you (or in some
cases, may just give you the option) to provide other Personal
Information, such as your name, address and email address.
- ÔContact UsÕ. If you send us a ÔContact UsÕ
(or similar) request, whether by submitting an online form that we make
available, by sending an email to an email address that we display, by
using an in-App feedback or reporting feature, or by other means, you may
be required to provide us with certain Personal Information, such as your
name and email address.
- Purchases. The Apps and the Sites may
offer the option of purchasing certain products or services from us or
our Affiliates. If you choose to make a purchase we will require
sufficient Personal Information from you in order to process the
purchase. Such information could include a credit card number and related
account and billing information. We may use the products and services of
third party service providers to process these purchases, in which case
you will be providing the information to them as well.
- Information We Collect From You. We
may collect Personal Information and Anonymous Information from you in the
following ways:
- Pre-Registration. After you have downloaded
the TextRestaurants App, but before you create your profile
and provide us with certain Personal Information, TextRestaurants
automatically collects certain Personal Information: (a) from your device
(for example, retrieving your phone number from your SIM card, and other
information from SMS messages stored on your device that enables us to
verify your identity); and (b) from your publicly-available profiles on
other applications (for example your name, and email address).
- Account Login. If, as part of your use of
an App, you connect your App account with an account from a supported
social network account, such as Facebook (a ÒSocial Media AccountÒ), we may receive Personal Information
from the corresponding social network that relates to your Social Media
Account. Such Personal Information may be about you and/or your Social
Media Account contacts. Please check the policies of the applicable
social network in order to understand what information we receive. Even
if you later disconnect your App account from your Social Media Account,
we still keep a copy of the Personal Information (such as your Social
Media Account profile photo and your contact list) that we received from
the connection of the two accounts, so that we may more easily connect
you with your Social Media Account contacts who register with the App in
the future.
- Invitations. The Apps currently allow
you to invite your contacts to download the App. This can be done using
different methods. Depending on the method used, by sending an invitation
we may collect Personal Information about the recipient, such as their
email address, phone number, and Social Media Account information.
- Geolocation. We collect information from
your device about your location (ÒGeolocation InformationÒ).
Currently, we only use Geolocation Information for routing optimization
and user-search optimization on our messaging platform, as well as for
general analytics.
- Log Files; Device and Usage Data. We collect information
through server log files, but also by deploying tracking technologies
within the Services. We do this to analyze trends, track user movement
around the Services, gather demographic information, and to generally
collect information that we may find insightful or helpful. The type of
information collected may include (but is not limited to) internet
protocol (IP) addresses, MAC address, phone number, device type, browser
type, operating system type, type of browser, Internet Service Provider
(ISP), date/time stamp of Services use, referring/exit pages, and clicked
pages.
- Cookies. The Services may use
ÒcookiesÓ. A cookie is text file placed on your hard drive and stored by
your browser. We use cookies to administer, and provide you with access
to, the Services; but we also use cookies to improve the user experience
of the Services (for example, cookies and other technologies may serve to
recall an IP address previously indicated by a user) and to collect
statistical or aggregated data about how you and other users use and
interact with the Services, which may include for the purpose of serving
advertisements and other marketing content. Some of the cookies are set
by us, and some may be set by third parties, in which case the third
party hosts it (for example, social plug-ins, such as a ÒLikeÓ button,
involve the setting of cookies by the applicable third party). If you do
not want to receive cookies, consult your respective browser settings.
This may allow you to receive notifications when cookies are set, or to
otherwise block cookies altogether. You may also be able to delete
cookies that have already been set. If you do block or restrict cookies,
various features and functionality of the Services may be impaired.
- The Way We Use Personal
Information. In
addition to the uses of Personal Information described elsewhere in this
Privacy Policy, we also use Personal Information in the following ways:
- To Generally Provide You With Our App; Marketing Campaigns. We will use your Personal
Information to: (a) administer and provide the Services to you; (b)
further develop and generally improve the Services; (c) send you updates,
promotions, offerings, or other news of/about the Apps or TextRestaurants;
(d) respond to communications with you; (e) identify or authenticate your
access and use of the Services; (f) send you commercial email, text
messages and other communications, advertisements or other marketing
content, including of third parties; and/or (g) in our marketing
campaigns promoting the Apps, TextRestaurants, or our other products or
services (for example, using your name, profile picture and reviews in
marketing campaigns to encourage people to download the Apps). For our
marketing campaigns described in subparagraph (g) of this Section, TextRestaurants
will make commercially reasonable efforts to not use Personal Information
that TextRestaurants considers, in its sole and absolute discretion, to
be especially private or confidential; but, for clarity, TextRestaurants
does not consider your name, Account profile or product review to be
private or confidential for such purposes (and you acknowledge this).
- Transfer To
Affiliates. We
may transfer your Personal Information to our Affiliates for the purpose
of storing such information on our behalf, or for other processing needs.
These Affiliates may be based in other countries, and their servers may
be located anywhere in the world. We require these Affiliates to agree to
process such Personal Information in accordance with this Privacy Policy.
- Third Parties. We share your Personal
Information with various third parties that help us with our business
operations and help us understand how our users use the Services, and to
improve the Services generally. These third parties may have their own
privacy policies that they adhere to, so they wonÕt necessarily adhere to
this Privacy Policy; however, we do try to only engage third parties that
post a privacy policy. Also, just as with our third
party hosting providers, these third parties may be based (and
their servers may be located) anywhere in the world. For example, we use
email management services in connection with the Services, which helps us
manage our database of subscription-based email contacts to communicate
with our users via email, and such services collect data concerning the
date and time when the email is viewed by the user, as well as when the
user interacts with incoming email (such as by clicking on links included
in the email). A representative, non-exhaustive list of third
parties we engage is PayPal, BrainTree
Payments, Twilio and AWS.
- Enforcement. We may share your Personal
Information with any third party if we believe that disclosure of such
information is helpful or reasonably necessary to: (a) comply with any
applicable law, regulation, legal process, or governmental request; (b)
enforce any of the App Licensing Terms, including investigations of
potential violations thereof; (c) detect, prevent, or otherwise address
fraud or security issues; and/or (d) protect against harm to the rights,
property or safety of TextRestaurants, our users, yourself or the
public.
- Anonymous Information. We may use and share
Anonymous Information for any purpose whatsoever and with any third
parties (such as advertisers and marketing partners), including in
exchange for compensation.
- Advertising and Behavioral Remarketing. To help us deliver
meaningful advertisements, offers, and marketing content that are relevant
to you based on criteria such as your visits to and/or usage of the
Services (or other third party online or mobile websites, applications,
platforms or services), we and our third party vendors (including those
listed below) may use cookies and other pixels to customize or personalize
such advertisements, offers and content, and analyze the performance of
those advertisements, offers and content, as well as your interaction with
them. TextRestaurants may use remarketing services to advertise to
you on third party web sites after you have visited our Services.
Google AdWords remarketing service is provided
by Google Inc. You can opt-out of Google Analytics for Display Advertising and
customize the Google Display Network ads by visiting the Google Ads Settings
page: http://www.google.com/settings/ads
Google also recommends installing the Google Analytics Opt-out Browser Add-on
Ð https://tools.google.com/dlpage/gaoptout Ð for your web browser. Google Analytics Opt-out Browser
Add-on provides visitors with the ability to prevent their data from being
collected and used by Google Analytics.
For more information on the privacy practices of Google, please visit the
Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/
Twitter remarketing service is provided by
Twitter Inc. You can opt-out from TwitterÕs interest-based ads by following
their instructions: https://support.twitter.com/articles/20170405
You can learn more about the privacy practices and policies of Twitter by
visiting their Privacy Policy page: https://twitter.com/privacy
Facebook remarketing service is provided by
Facebook Inc. You can learn more about interest-based advertising from Facebook
by visiting this page: https://www.facebook.com/help/164968693837950
To opt-out from FacebookÕs interest-based ads follow these instructions from
Facebook: https://www.facebook.com/about/ads/#568137493302217`
Facebook adheres to the Self-Regulatory Principles for Online Behavioral
Advertising established by the Digital Advertising Alliance. You can also
opt-out from Facebook and other participating companies through the Digital
Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or
the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.
For more information on the privacy practices of Facebook, please visit
FacebookÕs Data Policy: https://www.facebook.com/privacy/explanation
- Access and Accuracy; Deleting
Messages. We would
like to maintain accurate Personal Information. If you would like to
delete or correct any of your Personal Information that we may be storing,
you may use the tools that we make available in the applicable App. Please
be aware that in some Apps, communications exchanged with other App users
may not be permanently deleted from our servers, even if you delete them
from your Account or device. For example, in the TextRestaurants App,
any Message (as defined in its App Licensing Terms) you delete (whether
directly by you or pursuant to a delete request) may or may not be
permanently deleted by TextRestaurants, and may remain stored on our
servers. In such cases, the Message will no longer be accessible to you or
the recipients to whom you sent the Message. We, in our sole and absolute
discretion, decide whether or not to permanently delete communications
(including Messages) from our servers.
- Opt-Out. Currently, the Apps do not
offer tools that allow you to opt-out of the collection of Personal
Information. The Apps may, however, offer tools that allow you to opt-out
of being searchable.
- Links to and Interaction with
Third Party Products. The
Services may link to third party products and services. Any Personal
Information you provide in connection therewith is provided to the third
party. We are not responsible for the privacy practices or the content of
such products and services, and we encourage you to read the terms and
conditions and privacy policy of each such product or service that you
choose to use or interact with.
- ChildrenÕs Privacy. The Services are not
designed to attract children under the age of 13. Accordingly, we do not
intend to collect Personal Information from anyone we know to be under 13.
If we learn that we have collected Personal Information from a child under
13, we will use commercially reasonable efforts to delete that information
as quickly as possible. If you believe that we might have any such
information, please contact us at ali@TextRestaurants.com.
- Security. We use administrative,
physical and technical safeguards to protect Personal Information.
However, no method of transmission over the Internet, or method of
electronic storage, is 100% secure. Therefore, while we try to use
reasonably acceptable means to protect your Personal Information, we
cannot guarantee its absolute security or confidentiality. If you have any
questions about security on the Apps, you can contact us at ali@TextRestaurants.com
- Merger, Sale or Bankruptcy. In the event that TextRestaurants
is acquired by or merged with a third party
entity, we may (and hereby reserve the right to) transfer or assign the
Personal Information and other information we have collected or received.
In the event of a bankruptcy, insolvency, receivership, or comparable
event, we may not be able to control how your Personal Information is
treated, transferred, or used.
- California Privacy Rights. California Civil Code
Section 1798.83 permits our customers who are California residents to
request certain information regarding our disclosure of Personal
Information to third parties for their direct marketing purposes. To make
such a request, please send an email to ali@TextRestaurants.com (Please note that we are
only required to respond to one request per customer each year.
- Our California Do Not Track
Notice. We do not
currently respond or take any action with respect to web browser Òdo not
trackÓ signals or other mechanisms that provide consumers the ability to
exercise choice regarding the collection of Personal Information about
that individual consumerÕs online activities over time and across
third-party web sites or online services. We may allow third parties, such
as companies that provide us with analytics tools, to collect Personal
Information about an individual consumerÕs online activities over time and
across different web sites when a consumer uses the Apps.
- Deletion of Content from
California Residents. If
you are a California resident under the age of 18 and a registered user of
an App, California Business and Professions Code Section 22581 permits you
to remove content or information you have publicly posted. If you wish to
remove such content or information and you specify which content or
information you wish to be removed, we will do so in accordance with
applicable law. Please be aware that after removal you will not be able to
restore removed content or information. In addition, such removal does not
ensure complete or comprehensive removal of the content or information you
have posted and that there may be circumstances in which the law does not
require us to enable removal of the content or information.
- Commitment. Protecting your privacy
online is an evolving area, and we try to evolve our Apps to meet these
demands. If you have any comments or questions regarding our Privacy
Policy, please contact us at ali@TextRestaurants.com
Last updated: Jan
2, 2018