SpotOn Reserve helps restaurants organize waitlists and reservations. This involves sharing personal information with third parties, including restaurants, restaurant groups, and restaurant affiliates, amongst others. In some cases, these third parties may collect personal information directly from you and share it with us.
For more information about the information we share with third parties and the recipients of such information, please refer to the How We Share Your Information section of this Policy. Please note that this Policy does not otherwise cover the use of personal information by third parties or their services, and we do not take responsibility for their privacy practices.
You may have certain rights or choices that relate to your personal information, including choices about how we share your personal information with others. For more information, please refer to the Your Choices and Rights section of this Policy.
When you use or visit our Services, we collect information directly from you (e.g., when you search for or make an online reservation). In some cases, we also obtain personal information from third parties (e.g., restaurants, business partners, our group companies, or other third parties).
We use your information to provide our Services, and for other purposes described below.
We share your information with restaurants you engage with by making reservations or joining a wait list. We share information to provide and improve our Services, for our own business purposes, and for other purposes as described below.
We maintain technical, administrative, and physical security measures designed to protect your information. We may retain your information for as long as your account is active and for a period of time thereafter to allow you to re-activate your account without loss of information, and as necessary for purposes described below.
You have choices about your information. To access and update your information, you can log into your user profile at spotonreserve.com.
Our Services may contain links to other websites or services that are not owned or controlled by SpotOn Reserve, including links to websites of restaurants and restaurant affiliates.
Our Services are not directed at or intended for use by children, nor do we knowingly collect information from children under 18 years of age.
We update this Policy from time to time, and changes will be effective when posted (as identified in the Policy).
If you have any questions about this Policy or the way your personal information has been used, please contact us at email@example.com.
INFORMATION WE COLLECT AND USE
"Personal information" is data that identifies, relates to, describes, can be used to contact, or could reasonably be linked directly or indirectly to you. For purposes of this Policy, there is no meaningful distinction between the terms "personal information" and "personal data."
Personal Information We Collect Directly From You. As you visit or use our Services, we collect the following categories of personal information directly from you:
- Personal details (such as your name and birthday)
- Contact information (such as email address, mobile phone number)
- Dining information (such as primary dining city; current and past restaurant reservation details; dining preferences; special restaurant requests; dining activity, including frequency, restaurants, restaurant type, meal type, and cancellations)
- Account information (such as account settings and passwords)
- Billing information (such as credit, debit, or other payment card information, as may be required to use certain Services)
- Your contacts (such as contact information of people you add to, or notify of, your restaurant reservations through our Services)
- Your preferences (including survey responses)
- Communications you send us (such as customer support and other requests you make through our Services and through restaurants)
- Other information you may provide (including other information you provide about yourself or others through our Services or to which you provide us with access via third-party platforms)
You may choose not to provide some of the personal information described above. Please note, however, that many of our Services require some personal information to operate, so if you choose not to provide the personal information necessary to operate and provide you with a particular Service or feature of that Service, you may not be able to use that Service or feature.
We do not proactively collect sensitive personal information, such as health-related information. However, our Services include text boxes that are designed for you to describe certain details about your dining preferences that you want restaurants to know. Please be aware that information you freely submit in these boxes may reveal to us or to the restaurants or restaurant affiliates with which we or they share information (as detailed in the How We Share Your Information section, below) certain information that may be considered sensitive personal information under applicable law (for example, about any allergies or dietary restrictions). We do not use this information for the purpose of marketing or advertising products to you. Sensitive personal information you voluntarily submit is processed on the basis of your consent, which you may revoke at any time by contacting us at firstname.lastname@example.org.
Personal Information Generated By Us. As you use our Services, we generate certain personal information about you, including through automatic data collection and by inferences based on the information we collect about you and your activity. We may automatically collect information about your interactions with the Services or communications you receive (such as email) using certain technologies, such as cookies, web beacons and other technologies (see our Cookies Policy for more details). We generate the following categories of personal information about you:
- Device information When you visit or use our Services, we automatically collect certain information about your device (e.g., your mobile device, computer, or tablet), including information about your hardware and software, device configuration, and nearby networks. Such data may include data about your device operating systems, browsers, and other software installed on your device; device identifiers, such as IP address, IMEI number, MAC address, or other device identifier; country of origin, region and language settings; and information about domain servers and wireless or network access points near your device.
- Usage and performance information We also automatically collect personal information about your usage of the Services, including information about your searches or interactions with features of our Services; sites or restaurant pages visited; booking path; access times; and performance of our Services.
- Location information If you use our Services, we automatically collect generic location information about you (such as city or neighborhood) or, with your consent, precise geographic location data from your mobile device when the app is running and when it is not running, depending on the choices you make when you are asked to consent to our collection of location information. For example, we may receive this information when you select restaurant search locations, enter your local dining city in your account profile, when you are in proximity to certain beacons, choose to publish your location in reviews you leave for restaurants on the Services, or in your comments or other communications with us. We may use and store this information to provide and improve features of our Services, for example, to tailor our Services on a needs-based manner to better facilitate your requests and to provide you with more relevant content about restaurants in your dining city or cities you visit. Please see the Your Rights and Choices section below for more information about how to adjust your preferences, including those related to location information.
- Inferences about you We combine the information we collect, generate, or otherwise obtain to draw inferences about your preferences and interests in order to provide and personalize our Services and tailor the offers we and our partners provide to you.
Personal Information We Obtain from Third Parties. We may also receive certain categories of personal information from third parties, such as restaurants, and other third parties, including individuals who have added you as a guest to their reservation. If you are an existing SpotOn Reserve customer, we will combine this information with information we collect through our Services and use and share it for the purposes described below. The categories of personal information we may obtain from third parties include:
- Your name
- Email address, mobile number or other contact information
- Browsing, usage and advertising details, including how you use our Services and/or third-party websites, applications, and services; and information relating to your interactions with our advertising and marketing materials
- Purchase Information, including information from point-of-sale devices at certain participating restaurants (such as items ordered, bill total, and time spent at the restaurant); or purchase information for other business partners and affiliates, such as food delivery partners
- Information from restaurants, including information that certain participating restaurants provide us about diners (for example, if you eat at a hotel restaurant as a hotel guest, restaurants are able to flag that you are a guest at that hotel, or if you eat at a chain of restaurants, those restaurants can flag whether you have a loyalty card or other information about interactions with those restaurants)
HOW WE USE YOUR INFORMATION
We use your personal information for the following purposes ("Purposes"), to:
- Provide the Services, which includes providing you with the services, products, and functionality offered through our Services and fulfilling your requests, including but not limited to: making reservations, paying for services or events, joining waitlists, and notifying people you add to or notify of your restaurant reservations through the Services
- Authenticate your account credentials and identify you, as necessary to log you in to the Services and ensure the security of your account
- Communicate with you about your account or use of our Services, products, and/or functionality; respond to, or follow up on, your comments and questions; and otherwise provide customer service (see below for more detail on Electronic Communications)
- Operate and improve our Services and develop new products and services, including using analytics to better understand how you use our Services for purposes of product, website, application and service development and to enhance the user experience
- Authenticate your credit or debit card account information
- Provide services, products, and information to restaurants, including restaurant groups and restaurant affiliates
- Protect against, investigate, and deter fraudulent, unauthorized, or illegal activity
- Comply with our policies, procedures and legal obligations, including complying with law enforcement or government authority requests, addressing litigation-related issues, and exercising rights or obligations conferred by law
- As otherwise consented to by you and as required or permitted by applicable law. If you give your consent to any further use of personal information, you can withdraw that consent at any time by contacting us using the details set out below.
You have choices about your personal information, and in some circumstances, you may have the right to opt-out or object to our uses of your personal information for these Purposes. For more information, or to exercise these or other rights (where available), see the Your Choices and Rights section below.
Electronic Communications. Consistent with the above Purposes and as permitted by applicable law, we may communicate with you via electronic messages, including email, text message, or mobile push notification to:
- Send you information relating to our products and Services. This may include reservation and waitlist confirmations, reminders and updates, receipts, technical notices, updates, security alerts, and support and administrative messages.
With your consent, where required, we may contact you at the mobile phone number that you provide to us by way of direct dial calls, autodialed and prerecorded message calls, text messages and push notifications in connection with the above Purposes.
Our Role as Data Controller and Data Processor. Under certain SpotOn Reserve programs, restaurants may engage us to provide them with certain processing services related to information owned or controlled by the restaurant. We seek assurances from restaurants that they will process information in accordance with applicable laws, but we are not responsible for any restaurant's use of information (including information used by its affiliates and service providers) for which it is an owner or controller. To learn more about how a restaurant may use such information, you should review its privacy notice.
Processing Bases and Consequences. When we process your personal information, we rely on the following legal bases:
- Performance of the contract we have with you (such as if you use our Services to make a restaurant reservation, we will use your information to carry out our obligation to complete and administer your reservation by sharing your information with the appropriate restaurant).
- Compliance with legal obligations to which we are subject (such as tax obligations, and when we are obliged to comply with lawful requests from competent authorities such as law enforcement).
To serve our legitimate interests
(such as tailoring your experience with our Services and for fraud detection), provided that such processing does not outweigh your rights and freedoms. The processing may also be pursuant to other applicable legal bases for data processing especially provisions set out under local law.
Where we use personal information to meet our legitimate interests, we take steps to ensure that your rights with respect to your personal information are not infringed. You can contact us at email@example.com for more information about the steps we take to ensure these rights are not infringed. You also have the right to object to such processing as described in the Your Choices and Rights section below.
- Consent. To the extent that a legal ground described above would not apply to processing of your personal information by us, we will seek your consent for such specific purpose in accordance with applicable law (such as sending direct marketing messages by electronic means, like email, without an exception from the requirement to obtain consent).
Aggregate Information. We aggregate personal information collected directly from you, information generated about you by us, and information obtained from third parties (with your consent, where required) with personal information collected about other users in order to produce general statistics that cannot be linked to you or any other specific user. Information that has been aggregated and de-identified is no longer considered "personal information" and may be subsequently used for any purpose.
Anonymized Information. We may process information that cannot be linked to you or any other specific user using any means available to us, either because it was collected anonymously or has been subsequently anonymized. Information that is anonymous or has been anonymized is no longer considered "personal information" and may be subsequently used for any purpose.
HOW WE SHARE YOUR INFORMATION
We disclose the personal information we collect (or otherwise generate or obtain) as follows:
- With restaurants and restaurant affiliates. We share your information with restaurants and their affiliates to provide the Services (such as connecting diners with restaurants to make an online reservation and sharing your dining activity and history, preferences, requests, restrictions, and other information with the restaurant) and for the restaurant or restaurant group's own purposes, which may include marketing or advertising purposes (see below for more detail on Sharing with Restaurants and Restaurant Affiliates.
- Messages and other communications you submit to restaurants. If you submit a message or other communication to a restaurant through our Services, you authorize us to share your message or communications with the relevant restaurant, and you authorize the restaurant to respond to you through our Services.
- To process payments. We require credit or debit card information to make payments at certain restaurants, to secure your reservation, purchase tickets to events, or purchase other products or services, in which case we share your payment information with restaurants, third-party payment processors, and other third-party service providers (such as fraud detection services) (see below for more detail and additional terms regarding Sharing to Process Payment Information).
- With other service providers. We share information with third-party vendors, consultants, and other service providers who perform services or functions on our behalf (see below for more detail on Sharing with Other Service Providers).
- In the event of a corporate transaction. We may disclose or transfer your information to a third party if we sell, transfer, divest, or disclose all or a portion of our business or assets to another company in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding.
- To protect rights and property. We may disclose your information to third parties when we believe in good faith that disclosure is necessary to protect our rights, our property, the integrity of the Services, personal safety, or the interests of you or any other person, and to detect, prevent and/or otherwise address fraud, risk management, security or technical issues.
- To comply with and as required by law. We may disclose your personal information to government authorities or other relevant third parties in order to comply with applicable legal requirements, judicial proceedings, court orders, legal process, or lawful requests from governmental authorities.
- Aggregate information. We share aggregate statistical data for the improvement of our Services. We may also share aggregate or de-identified information with third parties at our discretion.
- At your request. We also share your information as directed or requested by you, or subject to your consent.
In some circumstances, you may have the right to opt-out or object to our sharing of your information with certain third parties. For more information, or to exercise these or other rights, see the Your Choices and Rights section below.
Sharing with Restaurants and Restaurant Affiliates as a controller of your personal information. When you make a request through our Services or through a restaurant, such as a restaurant reservation, joining a restaurant waitlist, making a payment to a restaurant through our Services, purchasing an event ticket, or if you are a guest of the person making the request, we necessarily provide certain categories of your information to the restaurant to facilitate that request. For requests to dine, this information may include your name, profile, time and date of visit, party size, your phone number, your dining preferences, guest information, any special requests, information or comments that you choose to submit (if any), and your email address. Your information is provided to the restaurant, just as it would be if you contacted the restaurant directly. If you provide a mobile phone number in connection with your request, restaurants may send you text messages regarding your request. Some restaurants also require you to provide credit or debit card account information to secure your reservation. When you make a reservation at a restaurant that is part of a restaurant group, we may also share additional information about your dining activity at that restaurant or restaurant group in the past, your dining preferences and/or information that we collect from you and third parties that may be relevant to that reservation.
In addition to providing you with more customized Services, we may receive certain information from participating restaurants from their Point of Sale terminals that we analyze to provide aggregate information to the restaurant about their customers.
We also share with restaurants summary reports of feedback from diners. If you provide comments about a restaurant through our Services, these comments may be shared with or may be accessible by that restaurant, and the restaurant may respond to you. We will not tie your comments with other information that can identify you directly, but a restaurant may be able to tell who you are from your comments, particularly if you give your name in the comments or provide contact information, such as an email address.
Sharing with Restaurants and Restaurant Affiliates as a processor or service provider on their behalf. We act as a processor or service provider for Restaurants and Restaurant Affiliates in certain circumstances as described above (see above for more detail on Our Role as a Data Controller and Data Processor in the section below). In providing these services, we may, at the direction of the restaurant, share certain of your information with the restaurant's affiliated restaurants (such as affiliated brands), restaurant group and/or restaurants with the same brand or parent-brand (collectively, such restaurant's "restaurant group"), or other entities associated with the restaurant (such as the parent entity of the restaurant group or affiliated hotels) and/or their service providers (collectively, the associated entities and service providers, the restaurant's "restaurant affiliates") under SpotOn Reserve's programs for the following purposes:
- Customized services: restaurants may share your information (such as meal or seating preferences or special occasions) with their restaurant affiliates and restaurant group to enhance the hospitality the restaurant group provides you when you dine with them (such as trying to seat you by a window, if you previously expressed a preference for window seating).
- Operations & Service Improvements: to support operations, improve the restaurant's table and shift planning, improve their hospitality services, including supporting a loyalty program you have chosen to participate in.
- Marketing: as permitted by applicable law, to perform analytics and tailor marketing to you. For more information, please feel free to contact the restaurants with which you dine or book reservations, or contact us at firstname.lastname@example.org. To learn more about your choices related to how we share your information with restaurant groups and restaurant affiliates under our programs, please see the Your Choices and Rights section below.
Sharing to Process Payment Information.
To use certain Services (such as to make reservations at certain restaurants; to make payments to certain restaurants or to secure reservations; and to purchase tickets to events, or other products or services), we require credit or debit card account information. When you submit your credit or debit card account information through our Services, we share that information with restaurants, third-party payment processors, and other third-party service providers (including, but not limited to, vendors who provide fraud detection services to us and other third parties) to the extent necessary to meet our contractual obligations to you (e.g., to secure your reservation or make a payment to a restaurant where required), to meet our legitimate interests in preventing fraud and other misuse of our platforms, or with your consent where this is required by law. In particular:
- When you use a credit or debit card to secure a reservation through our Services, we provide your credit or debit card account information (including card number and expiration date, but excluding the CVV number) to our third-party payment service providers and the applicable restaurant.
- For information about the security of your credit or debit card account information, see the How We Store and Protect Your Information section below.
- Sharing with Other Service Providers. We may share information with third-party vendors, consultants, and other service providers who perform services or functions on our behalf (e.g., hosting or operating our Services, data collection, reporting, ad response measurement, site analytics, data analysis, delivering marketing messages and advertisements, processing credit card payments, and providing fraud detection services). We do not authorize these third parties to use or disclose your information for purposes other than for which it has been provided. We require these third parties to maintain and implement security measures to protect your information from unauthorized access or processing.
HOW WE STORE AND PROTECT YOUR INFORMATION
SpotOn Reserve maintains commercially-reasonable technical, administrative, and physical security measures designed to protect your information from loss, misuse, unauthorized access, disclosure, alteration, and destruction.
When your credit or debit card account information is being transmitted to our Services or through our Services, it will be protected by cryptographic protocols. To be clear, SpotOn Reserve does not itself store your credit or debit card account information, and we do not have direct control over or responsibility for your credit or debit card account information. We use third party payment processors that are the controllers of your credit card information. Our contracts with third parties that receive your credit or debit card account information require them to keep it secure and confidential.
However, we cannot guarantee that transmissions of your credit or debit card account information or your other information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by SpotOn Reserve or our third-party service providers. Except to the extent that liability cannot be excluded or limited due to applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.
You play an important role in keeping your information secure. You should not share your user name, password, or other security information for your SpotOn Reserve account with anyone. If we receive instructions using your user name and password, we will assume you have authorized the instructions. If you have reason to believe that your interaction with us is no longer secure (e.g., if you feel that the security of any account you might have with us has been compromised), please contact us immediately at email@example.com.
Retention. We may retain your personal information for as long as your account is active and for a period of time thereafter to allow you to re-activate your account without loss of information. We may also retain your personal information as necessary to:
- Maintain logs and business records for analysis, security, and/or audit purposes
- Comply with record retention requirements under the law
- Deal with any complaints regarding the Services; and
- Comply with our legal obligations, protect or defend our rights, resolve disputes and enforce our contracts
YOUR CHOICES AND RIGHTS
Email. If you no longer want to receive marketing and promotional emails from SpotOn Reserve, you may click on the "unsubscribe" link in such emails to opt-out of future marketing email communications. If you have an SpotOn Reserve account, you may also opt-out of marketing emails in your account settings. Please note that even if you opt-out of receiving marketing communications from one or all of our Services, we will still send you service-related communications, such as confirmations of any future reservations you make.
Text Messages. If you no longer want to receive text messages from SpotOn Reserve, reply STOP (or as otherwise instructed) to the text message. Doing so will disable your ability to receive certain dining experience notifications from certain restaurants.
Application Location. As explained in more detail in the Information We Collect and Use section above, we collect information about your location if you enable location services through the settings in your mobile device, or with your consent, as may be required by law. You can change the privacy settings of your device at any time to turn off the sharing of this location information with our Services. If you choose to turn off location services, this could affect certain features of our Services. If you have specific questions about the privacy settings of your device, we suggest you contact the manufacturer of your device or your mobile service provider for help.
Access and Correction of Your Information. If you have created an online account with us and would like to update the information you have provided to us, you can access your account to view and update your information by logging in at spotonreserve.com. You may also contact us at firstname.lastname@example.org.
Legal Rights. Where applicable under local law, you may have the following rights regarding your personal information: the right to access personal information we hold, and in some situations, the right to have that personal information corrected or updated, erased, restricted, or delivered to you or a third party in a usable electronic format (the right to data portability). Where applicable, you may also object to how we use your personal information if the legal basis for processing that information is our legitimate interest. Where we are using your personal information on the basis of your consent, and where applicable under local law, you have the right to withdraw that consent at any time.
If you wish to exercise legal rights you may have under applicable law, please submit your request to email@example.com. So that we can better process your request, please provide the email or mobile phone number you use to log into your SpotOn Reserve account. If you do not have a SpotOn Reserve account, please provide the email you used to make requests.
LINKS TO OTHER WEBSITES
Our Services contain links to other websites or services that are not owned or controlled by SpotOn Reserve, including links to websites of restaurants and restaurant affiliates. This Policy only applies to information collected by our Services. We have no control over these third party websites, and your use of third party websites and features are subject to privacy policies posted on those websites. We are not responsible or liable for the privacy or business practices of any third party websites linked to our Services. Your use of third parties' websites linked to our Services is at your own risk, so we encourage you to read the privacy policies of any linked third party websites when you leave one of our Services.
Our Services are not directed at or intended for use by children. We do not knowingly collect information from, children under 18 years of age. If you become aware that your child or any child under your care has provided us with information without your consent, please contact us at firstname.lastname@example.org.
CHANGES TO THIS POLICY
HOW TO CONTACT US
If you have any questions about this Policy or the way in which your personal information has been used, please contact us by email at email@example.com or by postal mail at:SpotOn Transact, Inc.
c/o Legal Counsel
300 California Street, 4th Floor
San Francisco, CA 94104, U.S.A.
Last Updated: August 13, 2020