THE INFORMATION WE COLLECT
1. PERSONAL INFORMATION
When you sign up to become a Registered User or enter a promotion or our referral program, you may be required to provide us with personal information about yourself, such as your name, address, phone number, and e-mail address (collectively, the “Personal Information”). We do not collect any Personal Information from you when you use our Services unless you provide us with the Personal Information voluntarily (for example, by registering to use the Services or joining our e-mail list).
2. BILLING INFORMATION
In order to submit orders through the Platform, you will be required to provide certain information in addition to the Personal Information noted above. Such information may include a debit card number, credit card number, billing address, and similar information (collectively, the “Billing Information”).
3. GEOLOCATIONAL INFORMATION
In order to provide access to the Services while you are using a mobile device, we automatically collect geolocational information from your mobile device, your wireless carrier, or certain third-party service providers (“Geolocational Information”). Collection of such Geolocational Information occurs only when the Services are running on your mobile device. You may control the collection of Geolocational Information through the user settings on your device. You may decline to allow us to collect such Geolocational Information, in which case OhWaiter will not be able to provide certain services to you. Please be sure to manage your mobile device and privacy preferences on the Platform on an ongoing basis.
Note that OhWaiter uses Google Maps and the Google Maps API as part of our online ordering system. By using OhWaiter’s web, iOS, or Android ordering systems you are also bound to the Google Maps APIs Terms of Service found here: https://developers.google.com/maps/terms-20180207#3-privacy-and-personal-information. Also, please be advised that your use of Google Pay or Apple Pay is subject to the terms and conditions, including the privacy policies, of Google and Apple, respectively. By using Google Pay, you hereby accept the Google Pay API Terms of Service found here:
4. OTHER INFORMATION
In addition to the Personal Information, the Billing Information, and the Geolocational Information, we may collect additional information regarding you and your use of our Services, your interactions with us and our advertising, as well as information regarding your computer or other devices used to access our Services (collectively, the “Other Information”). Such Other Information may include:
- From You. Additional information about yourself that you voluntarily provide to us, such as your food orders, gender, birthdate, interests, favorite foods, and favorite restaurants.
- From Your Activity. Information that we automatically collect when you use the Services, such as (i) information about the device from which you access the Services (i.e., the type of device, the advertising identifier (“IDFA” or “AdID”), the operating system and version (for example iOS, Android or Windows), your carrier and network type (WiFi, 3G, 4G, LTE); (ii) your IP addresses (which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device); (iii) browser type and language; (iv) referring and exit pages and URLs; (v) date and time; (vi) amount of time spent on particular pages; (vii) what features of the Services you use or visit, including your use of either Direct or Discover (or both); (viii) what you order and from which restaurants; and (ix) similar information concerning your use of the Services.
2309 Santa Monica Blvd., #213
Santa Monica, CA 90404
For more information on Google Analytics, including how to opt out from certain data collection, please visit https://www.google.com/analytics. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Services.
THE INFORMATION COLLECTED THROUGH THIRD–PARTY ADVERTISING COMPANIES
ACCESSING AND MODIFYING PERSONAL INFORMATION AND COMMUNICATION PREFERENCES
If you have registered for the Services, you may access, review, and make changes to your Personal Information, Billing Information, and certain Other Information by following the instructions found on the Website, our ordering widget on a restaurant’s website, a Restaurant App, or the OhWaiter App. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any OhWaiter marketing email. Registered Users cannot opt out of receiving transactional e-mails related to their account. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. In such case, we will provide you the reason why the modification or removal was not possible.
HOW WE USE AND SHARE INFORMATION
We use the Personal Information and the Other Information to provide you access to and use of the Services, solicit your feedback, inform you about our products and services and those of our third-party marketing partners, to administer our rewards, referral, and promotional programs, and to improve our service to you. We use the Billing Information to process your orders, and we use the Geolocational Information to recommend nearby restaurants to you. Also, we may share Personal Information, Billing Information, Geolocational Information, and/or Other Information as described below.
- In order to provide you our services, we need to share your name, phone number, meal order, and, if you are ordering for delivery, your physical address with the restaurants from which you order and with any third parties that are involved in, or provide services in connection with, such orders, such as delivery services, licensees of our Platform, and similar parties. Such parties will use such information in accordance with the terms of their privacy policies.
- In order to administer our rewards, referral, and promotional programs, we may share your Personal Information and Other Information with the restaurants from which you order and delivery services that deliver your orders.
- We may from time to time share Personal Information and/or Other Information with other companies who may provide you information about the products and services they offer. However, to the extent required by law, you will be given the opportunity to opt-out of such sharing.
- In an ongoing effort to better understand our users and our Services, we might analyze the Other Information and the Geolocational Information in aggregate form in order to operate, maintain, manage, and improve the Services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes.
- We may employ other companies and individuals to perform functions on our behalf. Examples may include providing marketing assistance, order fulfillment, billing, and customer service. These other companies will have access to the Personal Information, the Billing Information, the Geolocational Information, and the Other Information only as necessary to perform their functions and to the extent permitted by law.
- As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Personal Information, Billing Information, Geolocational Information, and Other Information may be part of the transferred assets.
- To the extent permitted by law, we may also disclose Personal Information, the Billing Information, the Geolocational Information, and the Other Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever we believe that disclosing such information is necessary or advisable, for example, to protect the rights, property, or safety of OhWaiter or others.
HOW WE PROTECT YOUR INFORMATION
We take commercially reasonable steps to protect the Personal Information, the Billing Information, the Geolocational Information, and the Other Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
IMPORTANT NOTICE TO NON–U.S. RESIDENTS
Under California Civil Code Section 1798.83, California residents who have an established business relationship with OhWaiter may choose to opt out of our sharing their Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to info@OhWaiter.com or write to us at:
2309 Santa Monica Blvd., #213
Santa Monica, CA 90404
In addition, OhWaiter does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
EXTERNAL WEBSITES, GOOGLE PAY, AND APPLE PAY
Please be advised that your use of Google Pay or Apple Pay is subject to the terms and conditions, including the privacy policies, of Google and Apple, respectively.
HOW TO CONTACT US