Privacy Statement

Waitery Privacy Statement and Data Policies (“Privacy Statement”)

Updated August 20, 2024

This Privacy Statement is part of the Terms of Use (“Terms”) governing your use of Services provided by Waitery, including:

• Digital Menu services (“Digital Menu”),
• Contactless Payment services (“Contactless Payment”),

or any combination of services accessible through a mobile web browser or any white-labeled websites that are created or powered by Waitery applications provided for Establishments and our website—www.waitery.ca—including the online products or services which may be accessed therein, any Account you use to access any of the above (collectively, the “Service”), all of which are offered by Waitery Inc., a federally incorporated Canadian company (“Waitery”, “we”, “our” or “us”).

All references to “user”, “you”, or “your” mean the Establishment or Patron, as applicable, that access and use the Service in any manner, with “Patron” being an individual, end-user, customer, and “Establishment” being the restaurant, stadium, bar, venue, or business.

This Privacy Statement applies to Personal Information (as defined below) collected by or on behalf of Waitery through or in conjunction with the Service, by email, phone, or any other offline interactions, and anywhere else we post or display this Privacy Statement. By accessing or using the Service, you accept and agree to the terms of this Privacy Statement in effect at the time of your use. Any individual user acting on behalf of an Establishment confirms that such user has the necessary and legal authority to bind the Establishment. Acceptance of this Privacy Statement by such a user will be deemed acceptance by the Establishment of this Privacy Statement. Any terms capitalized herein but not defined will have the meanings ascribed to them in the Terms.

Please note that Establishments are independent third parties that maintain their own business practices and policies outside of their relationship with Waitery and their use of the Services. As a result, unless provided otherwise in this Statement, we are not responsible for the privacy policies or data practices of our Establishments, who may maintain separate policies and practices.

By using the Services and/or providing us with your Personal Information, you acknowledge and agree that your Personal Information will be processed and used in the manner set out in this Privacy Statement. We may amend this Statement from time to time. Your continued use of the Services and Website constitutes your acceptance of those amendments and the updated Statement.

You must be at least eighteen (18) years old to use the Service. We are committed to protecting any personal and financial information you choose to provide us, as described in this Privacy Statement.

INFORMATION WE COLLECT

“Personal Information” refers to information that directly or indirectly identifies you or can be used to identify you as an individual. The following are categories of Personal Information we may collect about you and how we collect it:

1. Registration, Payment, and Personal Information from Patrons.

As a Patron, the Service may require you to enter certain Personal Information, including:

• Contact Information: Name, phone number, e-mail address, and security question responses.
• Payment Information: Credit card number, expiration date, and billing address, which will be securely transmitted to our payment processor, PaySafe, for processing payments related to Transactions (e.g., settling a check, bill, or tab with Establishments).
• Account Information: If you choose to create an Account via a social media platform, we may obtain your name, user name, profile picture, e-mail address, and other information disclosed on the social media account.
• Additional Information: You may also provide us with dietary preferences, food allergies, or other relevant information to facilitate your experience with the Service.

2. Registration Information from Establishments.

As an Establishment, you will be required to provide us with:

• Business Information: Company name, address, type of point-of-sale system used, logo, and phone number.

3. Technical Information.

When you access the Service, we may automatically collect certain technical data, including:

• Device Information: IP address, browser type, operating system, device model, and unique device identifiers.

• Cookies and Web Beacons: We may use cookies or web beacons to collect information about your visits and usage of the Service, to retain your preferences, and improve your experience. You can adjust your browser settings to refuse cookies, but doing so may limit certain functionalities of the Service.

• Analytics Data: The Service may use tools such as Google Analytics to analyze user behavior and interactions with the Service. This helps us understand how the Service is being used and to improve user experience. Learn more about how Google Analytics collects and processes data by visiting Google’s Privacy Policy.

4. Location-Based Information (LBI).

With your consent, we may collect and use your location-based information (“LBI”) to provide location-specific services, such as displaying nearby Establishments or targeted promotions. LBI may be collected when you:

• Activate location sharing in your device settings.
• Use location-dependent services within the Waitery app or web interface.
• Check in to an Establishment or complete a Transaction.

You may withdraw consent for LBI tracking at any time by adjusting your mobile device settings or contacting us.

5. Transaction Data.

We may collect and use data related to your Transactions within the Service, including:

• Transaction Information: Items purchased, descriptions, prices, taxes, tip amounts, and the Establishments you patronize.
• Related Data: Information about other users you interact with while using the Service.
• Source of Data: This Transaction Data may be obtained directly from you, other users, or via an Establishment’s point-of-sale system.

6. Sources of Information Collection.

We collect the information listed above from the following categories of sources:

• Direct interaction with the Service: Information you provide directly when interacting with the Service (e.g., account registration, initiating Transactions).
• Indirect interaction through the Service: Information collected automatically through your interactions with the Service (e.g., cookies, access logs, LBI).

USE OF INFORMATION

We collect and process the information described above for the purposes outlined in this Privacy Statement and the Terms. The ways we use your information include:

1. Authentication and Security:

• To verify your identity when you access or use the Service.
• To protect our rights, your rights, and the rights of other users.
• To detect and prevent fraud, abuse, and other criminal activity.
• To provide technical notices, security alerts, and support or administrative messages.

2. Providing the Service:

• To perform functions related to settling and processing Transactions, providing receipts, or otherwise facilitating your use of the Service.
• To communicate with you about your account or Transactions, including confirmations, technical notifications, updates, and other related information.

3. Improving the Service:

• To research and analyze your usage of the Service in order to improve and enhance the features and functionality of our offerings.
• To develop new services, features, or promotions, and to solicit feedback on your experience with the Service.
• To provide personalized content, offers, and recommendations based on your interactions with the Service.

4. Providing Location-Based Services:

• To provide location-specific features, such as showing nearby Establishments, or offering targeted promotions and special offers based on your location, if you have opted in to location sharing.

5. Blind Data:

• We may use the information we collect to create aggregated, anonymized data (“Blind Data”) that does not identify you as an individual. This Blind Data may be used for analytics and reporting, monitoring, improving the Service, identifying trends and insights, or for any other lawful business purpose.

6. Customer Support and Communication:

• To respond to your requests, inquiries, and support needs.
• To send you updates, offers, and other marketing communications, if you have opted in to receive them.

7. Compliance with Legal Obligations:

• To comply with applicable legal requirements, such as retaining information for regulatory, tax, or audit purposes.
• To enforce our legal rights and comply with legal processes, such as responding to subpoenas or court orders.

INFORMATION SHARING

1. Consent-Based Sharing. We do not share any of your Personal Information unless we have your consent or as stated in this Privacy Statement.
2. Sharing with Establishments. We may share Patron Information with Establishments, including certain Personal Information, LBI, and Transaction Data (but excluding Payment Information), to help them improve their products and services. For Patrons that opt in, we may also share Patron email addresses with Establishments for marketing purposes, such as promotions, updates, and discounts.
3. Payment Information. When you Settle a Transaction via the Service, the Service will automatically transmit your tokenized Payment Information to the Payment Processor (PaySafe) selected by the Establishment. Through this process, your Payment Information may be provided to financial institutions, processors, payment card associations, and other entities that are part of the payment or transfer process. Your Payment Information may be transferred, processed, and stored outside of Canada on servers in Canada or other countries and may be subject to disclosure as required by applicable law. PaySafe may also collect other information directly from you via cookies or other means. We will not access, decrypt, or store your Payment Information during these transmissions. If the Establishment is using PaySafe as its payment processor, the PaySafe Privacy Policy will apply: www.paysafe.com/ca-en/paysafegroup/comprehensive-privacy-notice/
4. With Service Providers. We may provide Information to our agents, technology vendors, and other service providers on a “need-to-know” basis for the purpose of providing the Service and operating our business. This includes business analytics platforms, marketing vendors, fraud detection and prevention firms, and other vendors that help us improve our products and services and protect against fraud or misuse of the Service. These service providers are required to keep the Information confidential and may not use it for any purpose other than to perform services for us or as otherwise required by law.
5. Legal Requirements and Protection. We may submit any Information we have regarding an alleged violation of law involving the Service to law enforcement or to other governmental or regulatory entities (including pursuant to a subpoena, court order, or other legal process; or upon a reasonable belief that a violation of applicable law has occurred). We may also submit such Information as is necessary to establish our legal rights or defend against legal claims.
6. Business Transactions. In the event of a merger, acquisition, sale of substantially all our assets or stock, or similar change-in-control transaction, financing event, or bankruptcy or dissolution proceeding, we may transfer Information to the third-party successor-in-interest.
7. Affiliates and Group Companies. We may share your Information with an affiliate or to our group companies (i.e., entities that control Waitery Inc.) for business purposes. These entities will be required to comply with the terms of this Privacy Statement regarding their use of your Information.

INFORMATION SECURITY

We take the security of your Personal Information seriously and implement reasonable organizational, technological, and physical safeguards to protect it against unauthorized access, use, modification, and disclosure. These measures are designed to protect the integrity and confidentiality of your Personal Information during transmission and while it is stored on our systems.

Despite our efforts, no security measures can be guaranteed to be completely secure. Internet data transmissions, whether wired or wireless, cannot be guaranteed to be 100% secure, and as such, we cannot warrant the security of any information you transmit to us. You acknowledge that any information you transfer to us is done so at your own risk.

Your Responsibilities:

The security of your account and Personal Information also depends on you. You are responsible for controlling access to your devices, keeping your account login credentials (e.g., passwords and PINs) confidential, and ensuring that you do not share this information with others. You should take steps to protect against unauthorized access to your password, phone, and computer by, for example, logging off after using the Service. It is also your responsibility to notify us immediately if you believe that your account or information has been compromised.

Risks Beyond Our Control:

You agree that some risks are inherent in all Internet communications. These risks include, but are not limited to, the theft, destruction, alteration, or unauthorized access to your data. To the fullest extent permitted by law, we are not responsible for the security or privacy of any Information you choose to submit to us in connection with your use of the Service.

THIRD-PARTY WEBSITES AND TECHNOLOGIES

Our Service may contain links to third-party websites, services, and applications that are not operated or controlled by Waitery. This Privacy Statement does not apply to the privacy practices, data collection, or security practices of these third parties. We are not responsible for the content, services, or privacy and data security practices of these third-party websites and services.

If you choose to engage with third-party websites or services linked from our Service, any information you provide to those third parties is governed by their privacy policies. We encourage you to review the privacy policies and terms of use of any third-party websites or services you engage with to understand their data collection, use, and sharing practices.

Additionally, third parties may collect information about you when you interact with their content or use their services. For example, if you use a third-party payment processor, such as PaySafe, their collection and use of your information will be governed by their privacy policies, which can be found at PaySafe Privacy Policy.

We do not assume any responsibility for the actions of third parties. If you have an issue with a third party, including any payment vendor, you must contact them directly.

RETENTION AND DISPOSAL OF PERSONAL INFORMATION

We retain your Personal Information for as long as necessary to provide the Service, fulfill the purposes outlined in this Privacy Statement, comply with legal obligations, resolve disputes, and enforce our agreements.

Specifically, we retain your Personal Information:

• For Business Purposes: We retain your information for as long as necessary to provide, maintain, and improve the Service and to comply with legal, accounting, or reporting requirements.
• Legal Requirements: We retain information as required by law, such as for tax or audit purposes, and to meet legal and regulatory obligations.
• Archived Data: Even after you deactivate your account or cease using the Service, we may retain archived copies of your information for a period of time that is consistent with applicable law.

When we determine that we no longer need your Personal Information, we will securely dispose of it using commercially reasonable procedures. This may include erasing electronic data or securely shredding physical documents.

We may retain aggregated, anonymized information (“Blind Data”) for longer periods, as it no longer contains Personal Information and cannot be used to identify you.

General Provisions

PRIVACY OF CHILDREN

We do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have inadvertently collected Personal Information from a child under the age of 13, we will take commercially reasonable steps to delete such information from our records.

ENFORCEMENT

If you violate our Privacy Statement or other terms of use, we reserve the right to prevent you from using the Service. If you believe that another user has violated this Privacy Statement, please contact us via the customer care contact information provided on the Website.

INTERNATIONAL TRANSFERS

Waitery Inc. is located in Canada, and the Service is primarily targeted at individuals located in Canada. Information collected through the Service will be stored and processed in Canada. By using the Service, you consent to the transfer of your Personal Information to Canada, where data protection laws may differ from those in the country where you are located.

UPDATES TO THIS PRIVACY STATEMENT

This Privacy Statement may change from time to time to maintain compliance with applicable laws and regulations. We reserve the right to modify this Privacy Statement at any time in our sole discretion by posting the most recent version on the Website. The updated version of the Privacy Statement will supersede all previous versions and become effective as of the last updated date indicated. Your continued use of the Service following the posting of these changes constitutes your acceptance of the updated Privacy Statement.

CONTACT US

For any questions regarding this Privacy Statement, please contact us at contactus@waitery.ca.