Pz Pizza Privacy Policy

Pz Pizza –
PRIVACY POLICY

For Pz Pizza APPLICATIONS

The Pz Pizza SA – Promenade de la Castellane 10 – 1110 Morges and all Pz Pizza franchisees (“Pz Pizza Franchisee”) undertake to protect the privacy of their visitors and users. The following data protection declaration describes which data the Pz Pizza (hereinafter referred to as ” Pz Pizza ” or “we”) processes and how we use the relevant data to help our users and visitors use our customer application for mobile device users, via a web application on a website (e.g. pzpizza.ch) or via an application on a “self-order kiosk” (the “Applications”) and our on-demand services (collectively referred to as the “services”) to offer even greater benefits. Please read the following provisions carefully so that you become aware of our data protection declaration. Please note that Pz Pizza involves MENU Technologies AG (“MENU”) as data processor as part of data processing and that it also processes your personal data for us as listed in this data protection declaration.

Pz Pizza reserves the right to change this privacy policy. If you have any questions about this data protection declaration, please contact us at info@pzpizza.ch .

1. DEFINITIONEN

“User” refers to a person who uses the applications and / or has registered and registered with Pz Pizza for the use or potential use of the service.

“Participating restaurant” refers to Pz Pizza Franchisee. These are solely responsible for the catering and restaurant services.

2. GENERAL

Pz Pizza never knowingly collects personal information from children under the age of 18. The applications are only intended for use by adults aged 18 and over. If you believe that your child under 18 years of age used the applications and thus provided us with personal data, please contact us at info@pzpizza.ch . We will then endeavour to delete the application account and the corresponding personal data.

The responsibility for the processed personal data is Pz Pizza SA.

Pz Pizza, participating restaurants and other companies (e.g. MENU) may be involved in the processing of data that are related to activities via the applications and / or in connection with the services described in the data protection declaration. Pz Pizza, the participating restaurants and any other companies act for the purposes stated in this data protection declaration and comply with the applicable data protection laws. Responsible always remains Pz Pizza.

We collect and process personal data in different ways. The personal data is voluntarily provided by the user in the course of creating and / or changing the user profile, when interacting with or using the applications and / or the services and by email communication with support or other employees. For users of the applications and / or services, this includes in particular the following information: name, email address, password (encrypted), restaurant orders, user agent when logging in, IP address, credit card information (will not be saved by Pz Pizza or MENU; see paragraph 3.4 below, comments on orders, business e-mail address, home and / or delivery address, hosted persons, occasion, signature, possibly collected and / or redeemed points Pz Pizza, type of bonus for redeeming points. The data of the participating restaurants include the name, address, email address, password (encrypted), telephone number, VAT, currency, tip (if any), contact person and bank details. If you place an order via an application on a “self-order kiosk” or web-application without having registered or logged in, the orders placed will be processed by us and the participating restaurant will only receive the data for order processing (including order, payment details and at store location). The receipts are saved on our servers, i.e. those of MENU. The payment information is processed by the payment processor. The payment process is authorized by the payment processor and confirmed back to us, i.e. MENU. When ordering from a “self-order kiosk” with a login (if any) – provided that personal data is being processed – no more data is processed than when ordering via the other applications.

In detail, your order triggers a process in the participating restaurant, which the participating restaurant, Pz Pizza and its service provider MENU accordingly, using your personal data, e.g. your contact details, e.g. phone number and your order informed. When your order is ready to be picked up at the counter, you will be informed either via a push message (for orders placed via the mobile application) or via SMS message (for orders placed via the web application). If the restaurant you are visiting works with guest localization, your table number or your location in the participating restaurant will also be determined by means of table number entry (on the mobile and web application), placed transmitters or antennas (kiosks). In order to receive push messages, you must have push messages activated on your smartphone and to enable the determination of your location via transmitters or antennas you must have Bluetooth activated on your smartphone and give the application permission to determine your location. For orders that you place through the self-order kiosk, a puck may show you when your order is ready for collection at the counter or your order number is displayed on a screen. Your location can also be determined using a puck, which may be distributed to you at the self-order kiosk or at the counter or you may need to enter a number into the screen. You hereby authorize Pz Pizza to disclose and process your orders, personal data and in particular your location data to participating restaurants. For delivery orders, your data will be processed for the execution of this delivery to the home or other delivery address you have provided. We can also process your personal data in order to send you coupons, which we generate in the back-end system and which we then send to you, for example, as push messages. You can redeem these coupons on the mobile application, on the web application on a website (e.g. pzpizza.ch) or via an application on a “self-order kiosk”.

Pz Pizza as the franchisor is the platform operator of the application and obtains your personal data, such as order data, telephone number, home and / or other delivery address, email address, and can use them for marketing purposes. The Pz Pizza franchisees operate the Pz Pizza platform in their restaurants and can view their order and payment details for their respective restaurants. As a technology supplier, MENU provides the application platform Pz Pizza and can view your personal data. MENU provides Pz Pizza within the application platform with functions that enable Pz Pizza to communicate with you in a personalized form and to provide you with relevant information at the appropriate time.

In cases where you provide us with data on other persons within the legally permissible framework (such as when issuing a receipt), it is your responsibility to ensure that the personal data concerned and the further processing by us is in accordance with them and that the Data protection declaration complies with the applicable data protection laws. For example, you must inform the data subject and, if necessary, obtain their consent to the processing of their personal data for the purposes described in this data protection declaration.

Your personal data will be processed by MENU and saved by an external provider.

3. FOR WHAT PURPOSES WE PROCESS YOUR PERSONAL DATA?

3.1 TECHNICAL OPERATION AND FUNCTIONALITY OF THE WEBSITE AND APPLICATION

When you visit our website, e.g. to use our web application, our web administrators can store your personal data, including technical data, such as your IP address, the websites you visit, the internet browser you use, the one you used beforehand and subsequently visited websites and the duration of the visit / session, so that we can guarantee the proper functioning of our website. In certain cases, the browser can also query your current location to optimize your user experience. This technical data enables our web administrators to manage the website, for example by solving technical problems or improving access to certain areas of the website. This is how we ensure that you can (still) find the information provided on the website quickly and easily.

If you use our mobile application or web application, we also process your personal data, including technical data, such as for example your IP address and your device type. We use this data to provide the services, to guarantee the functions of the application, to solve technical problems, to provide you with the correct and up-to-date version of the application and to further improve the functionality of the application.

Insofar as GDPR is applicable, the legal basis for the technical operation and functionality of the website and the application is Art. 6 Para. 1 lit. f GDPR (balancing interests, based on our legitimate interest in providing you with the functions of the website and the application) and Art. 6 Para. 1 lit. b GDPR (contract initiation and contract fulfillment).

3.2 CUSTOMER SERVICE

When you register as a user, we collect your name, your email address, your password, your IP address and your device type as well as your credit card number and the expiry date of the card (see above).

We use your personal data and contact information to provide the services, for communication purposes relating to your orders, for advertising offers and for announcements related to the services, such as when our services are temporarily unavailable due to maintenance work. We use your personal data and registration data to create and manage your [name] account. We reserve the right to deactivate your account if we suspect that you are using our application to commit fraudulent or illegal acts or if you violate our terms of use.

As far as GDPR is applicable, the legal basis for customer service is Art. 6 Para. 1 lit. f GDPR (balancing of interests, based on our legitimate interest in providing you with the services of our customer service) and Art. 6 Para. 1 lit. b GDPR (contract initiation and contract fulfillment).

3.3 AKTIVATION OF PZ PIZZA APPLICATION

LOCATION INFORMATION

We collect and process location information, for example in participating restaurants or when you place an order via the applications, provided you have given us your prior consent. We use the relevant data to inform the relevant participating restaurant in which the respective order was placed so that the service staff can process the order accordingly.

Insofar as the GDPR is applicable, the legal basis for processing the location information is Art. 6 Para. 1 lit. b GDPR (contract initiation and contract fulfillment).

ORDERS

When you place an order via the application, we process in particular your first and / or last name, your order and your telephone number and forward it to the participating restaurant so that the service staff is able to process your order accordingly and notify you once your order is ready for pick-up. If one of our restaurants serves the orders to the table, the table number or your location is also determined so that the service staff can serve your order accordingly to your table. If you have placed an order for delivery, your home and / or delivery address will also be processed in order to be able to deliver. If you collect points with your order, we will credit it to the points account we hold for you. If you redeem points with an (award) order, we also book this redemption in the points account we hold for you.

Insofar as GDPR is applicable, the legal basis for processing the above-mentioned order data is Art. 6 Para. 1 lit. b GDPR (contract initiation and contract fulfillment).

3.4 PAYMENT PROCESSING

If you register as a user, your credit card data and data of other payment methods will be forwarded by MENU to a PCI-compliant payment processing provider and processed by the latter in order to process payments for orders placed by you via the applications. Pz Pizza, Pz Pizza Franchisee and MENU are allowed to transfer the credit card details or data of other payment methods you have registered to other PCI-compliant payment processors. Pz Pizza, Pz Pizza FN and MENU itself do not collect credit card information.

As far as the GDPR is applicable, the legal basis for payment processing is Art. 6 Para. 1 lit. b GDPR (contract initiation and contract fulfillment).

3.5 MARKETING

Pz Pizza and Pz Pizza Franchisee can use your contact information to send you general information about what’s new at Pz Pizza. You can unsubscribe from these notifications at any time.

As far as GDPR is applicable, the legal basis for processing for marketing purposes is Art. 6 Para. 1 lit. f GDPR (balancing interests, based on the legitimate interest of the person responsible to advertise his services).

3.6 COMPILATION OF ADMINISTRATIVE AND STATISTICAL DATA

Pz Pizza and MENU use your personal data in an anonymous and aggregated form to monitor exactly which functions of the service are used the most, to analyse usage patterns and to determine where they offer their services and where they should focus. You can provide this information to third parties for industry analysis and statistical purposes.

3.7 COOKIES / GOOGLE ANALYTICS

Pz Pizza uses cookies. Cookies are small text files that a website places on your computer or mobile device when you visit a page or website for the first time. Cookies help us to recognize your device the next time you visit the website. Cookies have different functions. With their help we can, for example, recall your attitudes and interests. Cookies can help us to analyze how well our website works or to adapt our content so that the relevant information is provided to you. Only the session ID is saved and transmitted in the cookies.

As far as GDPR is applicable, the legal basis for the processing of personal data using cookies is Art. 6 Para. 1 lit. f GDPR.

Most browsers can be set in the settings so that they no longer accept cookies or you will be notified when you receive a cookie. In most browsers you will find information on possible changes to your browser settings under the “Help” menu item. If you decide to deactivate and / or delete cookies in the future, you must take into account that some [Name] functions will then no longer be available to you.

As far as the GDPR is applicable, the legal basis for the processing of personal data using cookies is Art. 6 Para. 1 lit. f GDPR.

3.8 LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

As far as GDPR is applicable, the following applies:

Insofar as we obtain the data subject’s consent for the processing of personal data, Art. 6 para. 1 lit. a EU General Data Protection Regulation (GDPR) as the legal basis for the processing of personal data.

When processing personal data, which is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

If processing is necessary to safeguard the legitimate interests of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 (1) lit. f GDPR as the legal basis for processing.

3.9 NO OBLIGATION TO PROVIDE PERSONAL DATA

You are not obliged to provide your personal data. Without your personal data, however, we cannot provide our special services to you, or only partially, through the applications.

4. RELEASE OF YOUR DATA BY US / TRANSMISSION IN THIRD COUNTRIES

We may use various third parties and external companies to enable or provide the services for us, process payments, provide customer support, provide location information to participating restaurants, provide marketing services, and provide website-related services (including maintenance services, database management, web analysis) and improving website functions) or to support us in analysing the use of our services. These third parties have access to your personal data and process it in order to fulfil the tasks mentioned for us. This is in particular MENU, which operates the application and services for us.

For this purpose, your personal data will be transmitted to and processed in countries other than Switzerland, including countries (such as the USA) that do not have data protection laws comparable to Switzerland. You hereby consent to the transfer and processing of your personal data to such countries, particularly to the United States. We transfer personal data to locations in countries outside the European Union (so-called third countries) so far

– it is required by law (e.g. tax reporting requirements),
– You have given your consent,
– this is legitimated by the legitimate interest under data protection law and there are no higher interests worthy of protection of the data subject that conflict with this or
– it is necessary to provide our services to you

These are in particular:

– PCI compliant payment processor for payment processing
– Hosting provider especially for hosting data and applications;
– Helpdesk/Support;
– Business Intelligence Provider
– communications service;
– Business applications for email communication.

To protect your personal data, we have agreed the EU standard contractual clauses with the recipients of your data abroad.

Pz Pizza discloses your personal data to the extent legally required or necessary for the establishment, exercise and defence of legal claims and legal procedures and, in an emergency, also data relating to security.

In addition, we transmit your personal data via the cash register system to the participating restaurant in which you would like to place an order.

5. YOUR RIGHTS

As a user, you have a right to information about your personal account. This also applies to information that you have provided to us with regard to orders placed via the application. You can exercise your rights under applicable data protection laws, such as: a. enforce the right to request the correction or deletion of your personal data or to object to the processing of your personal data at any time by sending us an email at info@pzpizza.ch or contacting us at the address given in section 10. A copy of your ID card or passport must be enclosed for clear identification.

As far as GDPR is applicable, the following applies: According to Article 15 GDPR, every data subject has a right to information. According to Article 16 GDPR, the data subject can request the correction of incorrect personal data. According to Article 17 GDPR, the data subject has the right to erasure or, according to Article 18, the right to restrict processing. Likewise, the person concerned can object to the processing of personal data relating to them under the conditions of Article 21 GDPR. According to Article 20 GDPR, the data subject has the right to data portability. Sections 34 and 35 BDSG also apply to the right to information and the right to erasure in Germany. To exercise these rights, you can contact the following office: info@pzpizza.ch

You have the right to withdraw your declaration of consent under data protection law at any time. Withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal. In addition, you have a right to lodge a complaint with the competent data protection supervisory authority in accordance with Article 77 GDPR in conjunction with Section 19 BDSG.

Pz Pizza reserves the right to charge reasonable processing fees for providing relevant information in the event of unsubstantiated or excessive requests.

You can also change your personal data via your Pz Pizza account and revoke the consent you have given.

6. Automated decision in individual cases including profiling

As far as GDPR is applicable, the following applies: In connection with the provision of our services, you will not be subject to a decision based on automated processing in accordance with Article 22 GDPR. If we use such procedures in individual cases, you will be informed about them and your associated rights within the framework of the legal requirements.

Some of your data is processed automatically in order to evaluate certain personal aspects (profiling). In particular, their order behaviour for the promotion of products is analysed.

7. DATA STORAGE

Unless otherwise stated in this data protection declaration, we store your data until you delete your Pz Pizza account. If you would like to delete your Pz Pizza account or request that we no longer use your data in the future to provide services to you, please contact us at Pz Pizza.

If these are not necessary to comply with legal obligations or to settle disputes, we will delete your personal data after deleting your account.

8. SAFETY

Pz Pizza has taken appropriate technical and organizational security measures against the loss or unlawful processing of your personal data. For this purpose, your personal data will be securely stored in our database, i.e. the database of MENU. We use industry-standard, economically appropriate security measures, such as firewalls and SSL (Secure Socket Layers), and also physically secure the locations where the data is stored.

As effective as our security measures are, no security system is infallible. We cannot guarantee the security of our database, nor can we guarantee that the information you provide will not be intercepted when it is transmitted to us over the Internet. The transfer of your data to Pz Pizza is always at your own risk. We recommend that you do not disclose your password to anyone.

9. CHANGES TO THIS PRIVACY POLICY

We can update this privacy policy to reflect changes in our information and data processing practices. In the event of significant changes, we will inform you before the corresponding change takes effect by e-mail and via a message on our website. By continuing to use the website and / or application and / or services, you acknowledge and agree to the updated data protection declaration. We recommend that you visit this page regularly to find out about the latest innovations in our data protection measures.

10. CONTACT INFORMATION

Pz Pizza SA – Promenade de la Castellane 10 – 1110 Morges info@pzpizza.ch

11. Information about your right to object in accordance with Article 21 GDPR

11.1 Right to object on a case-by-case basis

As far as GDPR is applicable, the following applies: You have the right, for reasons that arise from your particular situation, at any time against the processing of your personal data, which is based on Article 6 (1) lit. e (data processing in the public interest) or lit. f (data processing based on a balance of interests), to object; this also applies to profiling based on these provisions.

If you file an objection, we will no longer process your personal data. Something else only applies if we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms or if the processing serves to assert, exercise or defend legal claims.

11.2 Recipient of an objection

The objection can be made informally with the subject “objection” stating your name, address and date of birth and should be addressed to:

Pz Pizza SA – Promenade de la Castellane 10 – 1110 Morges info@pzpizza.ch

 

Pz Pizza Terms of service

Pz Pizza

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE DOWNLOADING OUR APPLICATIONS AND / OR USING OUR SERVICE.

1. Scope

1.1 These terms of use form the contractual basis between Pz Pizza and the customer (you) for the use of the service and the applications (as defined below) and any associated services. In this context, orders can be placed via the Pz Pizza application to be downloaded to your mobile phone (smartphone), via a web application on our website (e.g. on pzpizza.ch) or via an app on one of our «self-order kiosks» ( all three an “application”) to various participating Franchisees from Pz Pizza. With such orders, you can also collect points that you can redeem for rewards as described in Section 7 below. Pz Pizza can also send you coupons, which we generate in the back-end system and which we then send to you, for example, as push notifications. You can redeem these coupons on the customer application for mobile device users, on the web application on a website (e.g. pzpizza.ch) or via an application on a “self-order kiosk”. Pz Pizza provides these services exclusively on the basis of these terms of use.

1.2 The Pz Pizza application is an order and payment service for the food, drinks and other services available from Pz Pizza.

1.3 Each contracting party may, at its own discretion and without liability, terminate the contract described in these terms of use and all related services at any time without notice. In this case, Pz Pizza can indicate the service, the application resp. restrict, suspend or suspend all or all of the services (including the availability of any data, databases or content) or access to the service or Refuse all or part of the services and block or delete all or part of the associated data, especially your user account. Pz Pizza will announce this by notifying you on the website or by notifying you. Pz Pizza can also ask you to change the version of these terms of use or the service, application or confirm his services with a click. In this case, you can only continue to use the service or the application if you agree to the changes. As this is a standardized offer, we cannot take into account process changes that you make. In the event that you propose changes to the terms of use yourself, they will in no case come into force without our prior written and proper confirmation.

1.4 We would like to point out that we use MENU Technologies AG (“MENU”) as an external service provider for the execution of orders and payment processing. However, you do not enter into a contractual relationship with MENU.

1.5 Incidentally, the collection and processing of personal data in connection with the service is carried out in accordance with our data protection declaration under Pz Pizza data protection declaration.

2. Service

2.1 It can be downloaded via the Pz Pizza application downloaded to your mobile phone (smartphone), via a web application on a website (e.g. pzpizza.ch) or via an application on a «self-order Kiosk »(all three an “application”) are given the opportunity to call up location-specific restaurant menu information or other information in certain independent restaurants at [Name] FG (“ participating restaurants ”), via the application orders for meals, drinks or other consumption give up at the participating restaurant and pay for it. In certain participating restaurants, the application may also give you the option of paying for orders that you have placed with the service staff. In addition, certain participating restaurants can enable you to place and pay for orders for home deliveries using the application (except the application on a self-ordering kiosk).

2.2 The application can therefore enable you to search and order meals and drinks in a participating restaurant. Your order triggers a process in the participating restaurant, which the participating restaurant, Pz Pizza and its service provider MENU accordingly, using your personal data, e.g. your contact details, e.g. phone number and your order informed. When your order is ready to be picked up at the counter, you will be informed either via a push message (for orders placed via the mobile application) or via SMS message (for orders placed via the web application). If the restaurant you are visiting works with guest localization, your table number or your location in the participating restaurant will also be determined by means of table number entry (on the mobile and web application), placed transmitters or antennas (kiosks). In order to receive push messages, you must have push messages activated on your smartphone and to enable the determination of your location via transmitters or antennas you must have Bluetooth activated on your smartphone and give the application permission to determine your location. For orders that you place through the self-order kiosk, a puck may show you when your order is ready for collection at the counter or your order number is displayed on a screen. Your location can also be determined using a puck, which may be distributed to you at the self-order kiosk or at the counter or you may need to enter a number into the screen. You hereby authorize [Name] to disclose and process your orders, personal data and in particular your location data to participating restaurants.

2.3 Pz Pizza mediates as a service your order to participating restaurants and settles this in the name and for the account of the participating restaurants. All brokering and billing services provided to you by Pz Pizza via the applications, other services rendered and the applications are hereinafter referred to as the “Service”. The service is only offered for your private, non-commercial use. Pz Pizza as the franchisor is the platform operator of the applications and obtains your personal data, such as orders, telephone number, email address, possibly home and / or delivery address and can use them for marketing purposes. The Pz Pizza Franchisees operate the Pz Pizza platform in their restaurants and can view their order and payment details for their respective restaurants. As a technology supplier, MENU provides the applications platform Pz Pizza and can view your personal data. MENU provides Pz Pizza within the applications platform with functions and integrations that enable Pz Pizza to communicate with you in a personalized form and to provide you with relevant information at the appropriate time.

2.3 Pz Pizza can enable you to order and pay for meals, drinks and other services available from Pz Pizza FG via the applications based on these terms of use.

2.4 The catering services are provided by the participating restaurants in their own name and on their own account. The participating restaurants do not act in any way for Pz Pizza. In this regard, you enter into a contract with the participating restaurant, but not with Pz Pizza FG.

2.5 Pz Pizza FG does not offer meals and drinks and does not have any restaurants.

2.6 Furthermore, it is exclusively at the discretion of the participating restaurant to enter into a catering or other contract with you.

2.7 There is no obligation for you to use the service; Pz Pizza FG is also not obliged to offer you the service or to provide the service successfully (in particular to place orders or settle payments).

2.8 The applications serve as a platform to present the offer of Pz Pizza FG and to enable you to place orders and make payments from your smartphone via a web application on a website (e.g. on pzpizza.ch) or via an application on a self-ordering kiosk. The catering and any other services (including ordering and payment; excluding agency and billing services) are therefore subject to an agreement between you and the participating restaurant. The agreement between you and the participating restaurant is not included in these terms of use and conditions apply that are agreed between you and the participating restaurant. The participating restaurant is solely responsible for this. [Name] is never a party to such an agreement.

3. User account

3.1 In order for you to be able to use the service or the mobile application, in particular to place an order on the application provided by Pz Pizza, you must first log in and create a user account. This is currently possible in the Pz Pizza application to be downloaded to your mobile phone (smartphone) or via a web application on a website (eg pzpizza.ch), but not on the «self-order kiosks ». When registering, you provide Pz Pizza and therefore its service provider MENU and, if applicable, the Pz Pizza Franchisee personal data (including email, name and your credit card details (will not be saved with Pz Pizza or MENU). After successfully registering with Pz Pizza, you will receive a personal user account from Pz Pizza, which you can access with a password of your choice.

3.2 User accounts are available to clearly identified and designated natural persons. Pz Pizza stores your data in your user account. The user account combines information about you so that you and we can better understand and manage your rights and obligations as a user of Pz Pizza.

3.3 A user account is not transferable.

3.4 You are not allowed to have more than one user account.

3.5 You guarantee that the information you provide to Pz Pizza is correct, complete and current. In particular, you must truthfully provide your own name and, if necessary, a billing address for billing purposes.

3.6 You are required to keep your user information correct, complete and up to date at all times. Please use the update functions in your user account to update any changes. If your data is no longer correct, complete and up-to-date, communication with you (and in particular collecting payments) may no longer be possible due to outdated, incorrect or incomplete contact information or for other reasons (especially if the payment method is invalid or has expired), we may no longer be able to offer you a smooth processing of the service on the mobile application and it may be that you no longer have access to the service or can no longer use it or that Pz Pizza cancels, suspends or discontinues it.

3.7 You are responsible for all activities on your user account and you are obliged to keep your username and password safe and confidential at all times.

3.8 Pz Pizza is at any time entitled to check the information you provide and to refuse service or the use of the mobile application without stating any reason.

4. Cancellation of your user account

4.1 We reserve the right to cancel and delete your user account at any time, especially if we can no longer reach you via the email address specified in the user account.

5. Use of the service

5.1 In order to use the service or applications and create a user account, you must be 18 years or older. You assure that you are a capable individual to act, so that you can conclude a binding contract.

5.2 In particular, you commit yourself as follows:

  • You will only use the service or applications for private, non-commercial purposes and will not pass it on to third parties;
  • You will not allow or allow third parties to use your user account;
  • You will not assign, transfer or otherwise make your user account available to another person;
  • You will not use a third party user account;
  • You will comply with all applicable laws when you use the service or applications and you will only use the service and applications for lawful purposes;
  • You will not use the service or applications to cause trouble, annoyance or inconvenience;
  • You will not interfere with the correct operation of the network;
  • You will not try to damage the service or the applications in any way;
  • You will keep the password for your user account or any identification that we provide to gain access to the service and the applications secure and confidential and keep it secret;
  • You will provide us with any proof of your identity that we deem appropriate;
  • You will not use the service or the applications with a non-compatible or non-approved device.

5.3 Pz Pizza particularly reserves the right to immediately terminate the service and use of the applications if you do not meet all of the obligations set out above.

5.4 You are responsible for the proper installation and functioning of the applications on your devices and the data network access required to be able to use the service and the applications, as well as any costs that may arise from the use of the service and applications. While accessing and / or using the service and applications, data and connection fees and charges, e.g. from your mobile network provider, may be incurred, and you are solely responsible for paying them.

5.5 You are responsible for the procurement and updating of compatible hardware and devices, which are necessary for access to the service and the applications as well as their updates or for the corresponding use. Pz Pizza does not guarantee that the service, the applications or parts of it will work on the respective hardware or the relevant devices. In addition, malfunctions and delays can occur in the services and the applications, which are caused by the use of the Internet and electronic communication means.

5.6 It is also your responsibility to check and ensure that you always have downloaded the correct applications for your device. This is particularly important when newer versions of the applications are published and Pz Pizza is not obliged to maintain older versions or to ensure in any way that such older versions continue to work or are otherwise error-free. You should always update to the latest version of the applications, especially to be able to use new functions.

5.7 Pz Pizza is particularly not liable if you do not have a working data network access or a compatible mobile device or if you download the wrong applications version to your mobile device. Pz Pizza particularly reserves the right to cancel the service or cancel the availability of the applications if you use the service or the applications with an incompatible or impermissible device.

6. Payment

6.1 You are aware that costs will arise through the acceptance of any offerings of the participating restaurants by using the service or the applications.

6.2 The prices for the offerings of participating restaurants (e.g. meals, drinks) can usually be found in the applications. These are determined and made available by the participating restaurants and are changed and updated from time to time. It is your own responsibility to find out about the current prices of the corresponding offers from participating restaurants.

6.3 Pz Pizza will charge you for meals, drinks or other goods displayed on behalf of the participating restaurant through the service or applications. Payment is processed via a payment processor SIX that is connected to the service or applications of Pz Pizza, i.e. MENU. SIX will settle your payment with the Pz Pizza Franchisee by acting as the authorized agent of the Pz Pizza Franchisee. The payments you make via the service or applications will be treated as if you made them directly to the participating restaurant. All prices are payable immediately.

6.4 You agree that you will pay for all meals, drinks and other goods (including any taxes and late fees, if any, that are associated with your account) that you order from a participating restaurant and that Pz Pizza i.e. SIX will charge your credit card or other payment method you specified when you registered with the service or the applications. You are responsible for the provision of a valid credit card or other payment method and the timely payment of all costs to Pz Pizza resp. SIX

6.5 Pz Pizza uses an external payment processor (the “Payment Processor”) via MENU to connect your credit card to the applications and service. The processing of payments or credit, if applicable, in connection with your use of the applications and the service is subject to the terms and conditions and the data protection guidelines of the payment processor and your credit card issuer in addition to these terms of use. Pz Pizza is not responsible for any errors made by the payment processor or the credit card issuer. In connection with your use of the services, Pz Pizza obtains certain transaction details, which Pz Pizza will only use in accordance with its data protection declaration.

7. Collect and redeem points

7.1 You can collect points by placing orders and possibly also using the applications for other purposes. The number of points granted in each case is described in the applications and in any relevant promotion conditions. The purchase of books, newspapers, magazines, tobacco products and vouchers and any delivery costs that may apply are excluded from the points credit. To credit points, you must be logged in to the applications with your user account at the time of ordering or other use of the applications. A subsequent point credit is not possible.

7.2 If a contract for which you have received points does not materialize, or if the contract is subsequently rolled-back (e.g. through cancellation, withdrawal, cancellation of contract, contestation, etc.), [Name] reserves the right to also cancel the corresponding points credit.

7.3 Pz Pizza will credit the points you have collected to a points account managed for you. The maximum possible point balance in the points account managed for you is currently [insert]. This maximum score cannot be exceeded and you cannot collect more points. You can call up your current score at any time via the applications in your profile. In addition, Pz Pizza can send you messages about your current score. Objections to the correctness or completeness of a notified score must be made in writing or in text form (e.g. by email) within one month of receiving the notification. Failure to make timely assertion is considered approval of the notified score. You can request correction of the reported score even after this approval, but in this case you must prove the incorrectness or incompleteness.

7.4 You can redeem your points for regularly changing rewards or other shopping benefits. A prerequisite is the availability of the selected bonuses or purchasing advantages. The available bonuses and / or purchasing advantages and the number of points required for each are announced in the applications. Points redeemed at the time of redemption are counted first. It is not possible to pay out points in the form of cash.

7.5 After a termination becomes effective, you can no longer collect new points and you may not be able to redeem existing points in your points account.

7.6 The transfer of points to third parties is only possible with the consent of Pz Pizza.

8. License and restrictions

8.1 If you fully comply with these terms of use, Pz Pizza grants you a restricted, non-exclusive, non-sublicensable, revocable and non-transferable sublicense to: (i) access the applications and use it on your own device in connection with the use of the service to use; and (ii) access all content, information and associated materials made available via the applications and to use them privately and non-commercially. MENU and the licensors of MENU reserve all rights not expressly granted herein.

8.2 You are not permitted to: (i) remove references to copyrights, trademarks or other property rights from the relevant part of the applications; (ii) reproduce, modify, create, distribute, license, rent, sell, resell, transfer, transmit, make public or otherwise use the applications without the express consent of MENU to stream, broadcast or otherwise exploit; (iii) to decompile, reverse engineer or disassemble the applications, unless and to the extent permitted by law; (iv) to link, frame or mirror a part of the applications; (v) to develop or install programs or scripts with the aim of scraping, indexing, surveying or other data mining or to unduly restrict or hinder the operation or function of aspects of the applications; or (vi) attempt to gain or interfere with unauthorized access to any part of the applications and the systems or networks connected to it.

8.3 The service and the applications as well as all rights to it exclusively belong to MENU or the licensors of MENU and remain with them.

8.4 Neither these Terms of Use nor the use of the Service grant you any rights: (i) to or in relation to the Service or Applications, except for the limited license granted above; or (ii) to the use of or reference to MENU’s or Pz Pizza’s company names, logos, brands, other trademarks, or those of MENU or Pz Pizza’s licensors.

8.5 The service or applications can be made accessible or used in connection with or in connection with services and / or content from third parties (including advertising). You acknowledge that other terms of use and privacy policies may apply. Pz Pizza is not responsible or liable for any goods, services or content from third parties.

9. User content

9.1 Pz Pizza may, at its sole discretion, allow you to submit, upload, publish, or upload text, audio and / or image content and information from time to time, or otherwise be available through the applications for Pz Pizza, MENU, and / or other users to make, such as comments and feedback on the hospitality services, meals and drinks or other menu offers or services, the service, support requests and the submission of contributions (“user content”). As a matter of principle, you remain the owner of all user content submitted or otherwise made available.

9.2 However, you grant Pz Pizza and MENU a worldwide, unlimited in time and content, irrevocable, transferable, sublicensable and free license to all user content, in particular for their use, reproduction, distribution, modification, publication, availability, public performance or other use in all Formats and across all sales opportunities, regardless of whether they already exist and / or are known or only arise or become known later.

9.3 You ensure and are responsible that: (i) you are either the sole and exclusive owner of all user content or have all the rights, licenses, consents and exemptions required to provide user content under the above license to Pz Pizza and MENU; and (ii) neither the user content nor its transmission, uploading, publication or other disclosure, nor the use of the user content by [Name] and / or MENU violate the rights of third parties in intellectual property or other rights of third parties, publication rights or personal or data protection rights of third parties or disregard or violate applicable laws or regulations.

9.4 You agree not to post, transmit, upload, communicate, publish, or make available any user content that is offensive, defamatory, mean, violent, obscene, pornographic, otherwise objectionable or unlawful, whatever by Pz Pizza and / or MENU is decided at its own discretion; this is irrespective of whether the user content is protected by law or not. Pz Pizza and MENU have the right, without notice to you, to review, monitor and remove user content at its sole discretion. However, there is no obligation to check, monitor or remove user content.

10. Indemnification

10.1 You undertake to indemnify and hold Pz Pizza, MENU, its subsidiaries, Pz Pizza Franchisee, licensors as well as organs, managing directors, employees and contractors harmless against all claims, claims, costs, damages, losses, liability claims (including attorney fees and – costs) arising out of or in connection with your violation or your violation of any provision of these terms of use or any applicable legal provisions, your violation of third party rights, including the participating restaurants, Pz Pizza, MENU or otherwise from or in connection with your Use of the service and / or the applications result.

11. Disclaimer and warranty

11.1 Any guarantee of Pz Pizza in particular for the service and the applications, is hereby excluded. [Name] makes no assurances regarding the applications and the service and makes no guarantee in this regard and gives no guarantee.

11.3 The service is provided to “AS IS” and “AS AVAILABLE”.

11.4 In particular, Pz Pizza cannot guarantee that the website, its content, the service and / or the applications are free of errors, defects, malware and viruses or that the website and / or the applications are correct, updated and error-free.

11.5 Furthermore, Pz Pizza in particular makes no representations and gives no guarantee that the service will not be interrupted or is otherwise error-free, and no guarantee regarding the reliability, quality, suitability or availability of the service and the applications or other services in connection with the Service and the applications. Temporary interruptions or errors can arise and the service or. the applications may be subject to restrictions, malfunctions, delays or other problems.

12. Disclaimer and limitations of liability

12.1 Pz Pizza is only liable for damage caused by deliberate intent or gross negligence.

12.2 Pz Pizza is in particular not liable for any damage resulting from the use (or inability to use) of the website or the applications or the service, including caused by malware, viruses or any errors or incompleteness of the information or the website or applications damage.

12.3 Pz Pizza is not liable for damage or claims for damages by third parties.

12.4 These disclaimers and limitations also apply to Pz Pizza’s assistants, their agents and deputies.

13. Applicable law and other provisions

13.1 These terms of use are subject to [insert] law, to the exclusion of any references to other legal systems; the application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. Regardless of this choice of law, those provisions remain applicable to contracts with consumers from which no deviations may be made by agreement under the law that would apply without the choice of law.

13.2 Should provisions of these terms of use or the contract be invalid or ineffective, the effectiveness of the other provisions and the terms of use respectively. of the contract otherwise not affected. To the extent permitted by law, the void or ineffective provisions will be replaced by provisions that come as close as possible to their economic purpose.

13.3 You may not transfer your rights and obligations from these terms of use to a third party without the prior express written consent of Pz Pizza.

13.4 Pz Pizza can send you, in particular about the service or the applications, by general notification or by email to your email address stored in the user account information of Pz Pizza or by means of written communication by regular mail to your in the user account information of Pz Pizza saved address message.

 

Vapiano Austria EN Privacy Policy

PRIVACY POLICY

For VAPIANO Diretto – digital order service

The VAP restaurants GmbH, Karl-Popper-Straße 2b/Top 9, 6. Stock, 1100 Vienna (hereinafter referred to as “VAPIANO” or “we”) and all participating restaurants undertake to protect the privacy of their visitors and users. The following data protection declaration describes which data we process associated with VAPIANO Diretto and how we use the relevant data to help our users and visitors use our web application (order.vapiano.at) (hereinafter referred to as “Services”) to offer even greater benefits. Please read the following provisions carefully so that you become aware of our data protection declaration.

Please note that VAPIANO involves MENU Technologies AG, Zählerweg 5, CH – 6301 Zug («MENU») as data processor as part of data processing and that it also processes your personal data for us as listed in this data protection declaration.

If you visit our website, e.g. to use our web application, the privacy policy of the website apply additionally.

VAPIANO reserves the right to change this privacy policy. If you have any questions about this data protection declaration, please contact us at info@vapiano.at.

1. DEFINITIONEN

“User” refers to a person who uses the applications and / or has registered and registered with VAPIANO for the use or potential use of the service.

“Participating restaurant” refers to restaurants run by VAPIANO or VAPIANO Franchisee, in which the digital order service VAPIANO Diretto can be used and you can order. These are solely responsible for the catering and restaurant services. „Personendaten“ are personal data iSd Art 4 Z 1 DSGVO.

2. GENERAL

VAPIANO never knowingly collects personal information from children under the age of 18. The applications are only intended for use by adults aged 18 and over. If you believe that your child under 18 years of age used the applications and thus provided us with personal data, please contact us at [insert]. We will then endeavour to delete the application account and the corresponding personal data.

The responsibility for the processed personal data is

VAP restaurants GmbH

VAPIANO, participating restaurants and other companies (e.g. MENU) may be involved in the processing of data that are related to activities via the applications and / or in connection with the services described in the data protection declaration. VAPIANO, the participating restaurants and any other companies act for the purposes stated in this data protection declaration and comply with the applicable data protection laws. Responsible always remains VAPIANO.

We collect and process personal data in different ways. The personal data is voluntarily provided by the user in the course of creating and / or changing the user profile, when interacting with or using the applications and / or the services and by email communication with support or other employees. For users of the applications and / or services, this includes in particular the following information: name, email address, password (encrypted), restaurant orders, user agent when logging in, IP address, credit card information (will not be saved by VAPIANO or MENU; see paragraph 3.4 below, comments on orders, business e-mail address, home and / or delivery address, hosted persons, occasion, signature, possibly collected and / or redeemed points VAPIANO, type of bonus for redeeming points. The data of the participating restaurants include the name, address, email address, password (encrypted), telephone number, VAT, currency, tip (if any), contact person and bank details. If you place an order via an application on a “self-order kiosk” or web-application without having registered or logged in, the orders placed will be processed by us and the participating restaurant will only receive the data for order processing (including order, payment details and at store location). The receipts are saved on our servers, i.e. those of MENU. The payment information is processed by the payment processor. The payment process is authorized by the payment processor and confirmed back to us, i.e. MENU. When ordering from a “self-order kiosk” with a login (if any) – provided that personal data is being processed – no more data is processed than when ordering via the other applications.

In detail, your order triggers a process in the participating restaurant, through which the participating restaurant, VAPIANO and the service provider MENU, using your personal data, e.g. your contact details, e.g. phone number, home and / or other delivery address (in case of orders to be delivered) and your order are informed accordingly. When your order is ready to be picked up at the counter, you will be informed either via SMS message (for orders placed via the web application). If the restaurant you are visiting works with guest localization, your table number or your location in the participating restaurant will also be determined by placed transmitters or antennas.

VAPIANO as the franchisor is the platform operator of the application and obtains your personal data, such as order data, telephone number, home and / or other delivery address and email address, and can use them for marketing purposes. The participating restaurants use the platform in their restaurants and receive your order and payment details for their respective restaurants to provide the desired catering and restaurant services. As a technology supplier, MENU provides the application platform and processes your personal data on behalf of VAPIANO. MENU provides VAPIANO within the application platform with functions that enable VAPIANO to communicate with you in a personalized form and to provide you with relevant information at the appropriate time.

Your personal data will be processed by MENU and saved by an external provider.

3. FOR WHAT PURPOSES WE PROCESS YOUR PERSONAL DATA?

3.1 TECHNICAL OPERATION AND FUNCTIONALITY OF THE WEBSITE AND APPLICATION

When you visit our website, e.g. to use our web application, your personal data, including technical data, such as your IP address, the websites you visit, the internet browser you use, the one you used beforehand and subsequently visited websites and the duration of the visit / session, so that we can guarantee the proper functioning of our website. In certain cases, the browser can also query your current location to optimize your user experience. This technical data enables us to manage the website, solve technical problems or improve access to certain areas of the website. This is how we ensure that you can (still) find the information provided on the website quickly and easily.

If you use our web application, we also process your personal data, including technical data, such as for example your IP address and your device type. We use this data to provide the services, to guarantee the functions of the application, to solve technical problems, to provide you with the correct and up-to-date version of the application and to further improve the functionality of the application.

The legal basis is Art. 6 Para. 1 lit. f GDPR (balancing interests, based on our legitimate interest in providing you with the functions of the website and the application) and Art. 6 Para. 1 lit. b GDPR (contract initiation and contract fulfillment).

3.2 CUSTOMER SERVICE

When you register as a user, we collect your name, your email address, your password, your IP address and your device type as well as your credit card number and the expiry date of the card (see above).

We use your personal data and contact information to provide the services, for communication purposes relating to your orders and for announcements related to the services, such as when our services are temporarily unavailable due to maintenance work. We use your personal data and registration data to create and manage your VAPIANO account. We reserve the right to deactivate your account if we suspect that you are using our application to commit fraudulent or illegal acts or if you violate our terms of use.

The legal basis is Art. 6 Para. 1 lit. f GDPR (balancing of interests, based on our legitimate interest in providing you with the services of our customer service) and Art. 6 Para. 1 lit. b GDPR (contract initiation and contract fulfillment).

3.3 AKTIVATION OF VAPIANO-APPLICATION

LOCATION INFORMATION

We collect and process location information, for example in participating restaurants or when you place an order via the applications, provided you have given us your prior consent. We use the relevant data to inform the relevant participating restaurant in which the respective order was placed so that the service staff can process the order accordingly.

The legal basis for processing the location information is your consent according Art. 6 Para. 1 lit. b GDPR (contract initiation and contract fulfillment).

ORDERS

When you place an order via the application, we process in particular your first and / or last name, your order and possibly your telephone number and forward it to the participating restaurant so that the service staff is able to process your order accordingly and notify you once your order is ready for pick-up. If one of our restaurants serves the orders to the table, the table number or your location is also determined so that the service staff can serve your order accordingly to your table. If you have placed an order for delivery, your home and / or delivery address will also be processed in order to be able to deliver. If you collect points with your order, we will credit it to the points account we hold for you. If you redeem points with an (award) order, we also book this redemption in the points account we hold for you.

The legal basis for this is Art. 6 Para. 1 lit. b GDPR (contract initiation and contract fulfillment).

3.4 PAYMENT PROCESSING

If you register as a user, your credit card data and data of other payment methods will be forwarded by MENU to a PCI-compliant payment processing provider and processed by the latter in order to process payments for orders placed by you via the applications. VAPIANO and MENU itself do not collect credit card information.

The legal basis for this is Art. 6 Para. 1 lit. b GDPR (contract initiation and contract fulfillment).

3.5 MARKETING

If you give your consent, VAPIANO can use your contact information to send you general information about what’s new at VAPIANO. You can withdraw from this consent at any time with effect for the future and unsubscribe from these notifications at any time.

The legal basis for processing for marketing purposes is Art. 6 Para. 1 lit. a GDPR (consent).

3.6 COMPILATION OF ADMINISTRATIVE AND STATISTICAL DATA

VAPIANO and MENU use your personal data in an anonymous and aggregated form to monitor exactly which functions of the service are used the most, to analyse usage patterns and to determine where they offer their services and where they should focus. You can provide this information to third parties for industry analysis and statistical purposes.

3.7 COOKIES / GOOGLE ANALYTICS

VAPIANO uses cookies. Cookies are small text files that a website places on your computer or mobile device when you visit a page or website for the first time. Cookies help us to recognize your device the next time you visit the website. Cookies have different functions. With their help we can, for example, recall your attitudes and interests. Cookies can help us to analyze how well our website works or to adapt our content so that the relevant information is provided to you. Only the session ID is saved and transmitted in the cookies.

As far as GDPR is applicable, the legal basis for the processing of personal data using cookies is Art. 6 Para. 1 lit. f GDPR.

Most browsers can be set in the settings so that they no longer accept cookies or you will be notified when you receive a cookie. In most browsers you will find information on possible changes to your browser settings under the “Help” menu item. If you decide to deactivate and / or delete cookies in the future, you must take into account that some VAPIANO functions will then no longer be available to you.

As far as the GDPR is applicable, the legal basis for the processing of personal data using cookies is Art. 6 Para. 1 lit. f GDPR.

3.8 LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA

Insofar as we obtain the data subject’s consent for the processing of personal data, Art. 6 para. 1 lit. a (GDPR) applies as the legal basis for the processing of personal data.

When processing personal data, which is necessary for the performance of a contract to which the data subject is a party, Art. 6 para. 1 lit. b GDPR as the legal basis. This also applies to processing operations that are necessary to carry out pre-contractual measures.

Insofar as the processing of personal data is necessary to fulfil a legal obligation to which our company is subject, Art. 6 para. 1 lit. c GDPR as the legal basis.

In the event that vital interests of the data subject or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.

If processing is necessary to safeguard the legitimate interests of our company or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 (1) lit. f GDPR as the legal basis for processing.

3.9 NO OBLIGATION TO PROVIDE PERSONAL DATA

You are not obliged to provide your personal data. Without your personal data, however, we cannot provide our special services to you, or only partially, through the applications.

4. RELEASE OF YOUR DATA BY US / TRANSMISSION IN THIRD COUNTRIES

We may use various third parties and external companies to enable or provide the services for us, process payments, provide customer support, provide location information to participating restaurants, provide marketing services, and provide website-related services (including maintenance services, database management, web analysis) and improving website functions) or to support us in analysing the use of our services. These third parties have access to your personal data and process it only on our behalf, in order to fulfil the tasks mentioned for us. This is in particular MENU, which operates the application and services for us.

For this purpose, your personal data can be transmitted to and processed in countries outside the EU, including countries (such as the USA) that do not have data protection laws comparable to the EU. We ensure in any case that appropriate guarantees according to Art 46 GDPR are present, for example standard contractual clauses are concluded.

VAPIANO discloses your personal data to the extent legally required or necessary for the establishment, exercise and defence of legal claims and legal procedures and, in an emergency, also data relating to security.

In addition, we transmit your necessary personal data, for billing purposes via the cash register system to the participating restaurant in which you would like to place an order.

5. YOUR RIGHTS

You can exercise your rights under applicable data protection laws by sending us an email at info@vapiano.at or contacting us at the address given in section 10. A copy of your ID card or passport must be enclosed for clear identification.

According to Article 15 GDPR, every data subject has a right to information. According to Article 16 GDPR, the data subject can request the correction of incorrect personal data. According to Article 17 GDPR, the data subject has the right to erasure or, according to Article 18, the right to restrict processing. Likewise, the person concerned can object to the processing of personal data relating to them under the conditions of Article 21 GDPR. According to Article 20 GDPR, the data subject has the right to data portability.

You have the right to withdraw your declaration of consent under data protection law at any time. Withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal. In addition, you have a right to lodge a complaint with the competent data protection supervisory authority, which is the Data Protection Authority in Austria.

VAPIANO reserves the right to charge reasonable processing fees for providing relevant information in the event of unsubstantiated or excessive requests.

You can also change your personal data via your VAPIANO account and revoke the consent you have given.

6. Automated decision in individual cases including profiling

In connection with the provision of our services, you will not be subject to a decision based on automated processing in accordance with Article 22 GDPR. If we use such procedures in individual cases, you will be informed separately about them and your associated rights within the framework of the legal requirements.

Some of your data is processed automatically in order to evaluate certain personal aspects (profiling). In particular, their order behaviour for the promotion of products is analysed.

7. DATA STORAGE

Unless otherwise stated in this data protection declaration, we store your data until you delete your VAPIANO account. If you would like to delete your VAPIANO account or request that we no longer use your data in the future to provide services to you, please contact us at info@vapiano.at.

If these are not necessary to comply with legal obligations or to settle disputes, we will delete your personal data after deleting your account.

8. SAFETY

VAPIANO has taken appropriate technical and organizational security measures against the loss or unlawful processing of your personal data. For this purpose, your personal data will be securely stored in our database, i.e. the database of MENU. We use industry-standard, economically appropriate security measures, such as firewalls and SSL (Secure Socket Layers), and also physically secure the locations where the data is stored.

As effective as our security measures are, no security system is infallible. We cannot guarantee the security of our database, nor can we guarantee that the information you provide will not be intercepted when it is transmitted to us over the Internet. The transfer of your data to VAPIANO is always at your own risk. We recommend that you do not disclose your password to anyone.

9. CHANGES TO THIS PRIVACY POLICY

We can update this privacy policy to reflect changes in our information and data processing practices. In the event of significant changes, we will inform you before the corresponding change takes effect by e-mail and via a message on our website. By continuing to use VAPIANO Diretto, you acknowledge and agree to the updated data protection declaration. We recommend that you visit this page regularly to find out about the latest innovations in our data protection measures.

10. CONTACT INFORMATION

VAP restaurants GmbH

Karl-Popper-Straße 2b/Top 9, 6. Stock

1100 Vienna

AUSTRIA

Telephone number: +43 1 526 348 100

E-Mail: info@vapiano.at

11. Information about your right to object in accordance with Article 21 GDPR

11.1 Right to object on a case-by-case basis

You have the right, for reasons that arise from your particular situation, at any time against the processing of your personal data, which is based on Article 6 (1) lit. e (data processing in the public interest) or lit. f (data processing based on a balance of interests), to object; this also applies to profiling based on these provisions.

If you file an objection, we will no longer process your personal data. Something else only applies if we can demonstrate compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms or if the processing serves to assert, exercise or defend legal claims.

11.2 Recipient of an objection

The objection can be made informally with the subject “objection” stating your name, address and date of birth and should be addressed to: info@vapiano.at

 

Vapiano Austria EN Terms of service

Terms of Use

For VAPIANO Diretto – digital order service

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE DOWNLOADING OUR APPLICATIONS AND / OR USING OUR SERVICE.

1. Scope

1.1 These terms of use form the contractual basis between VAP restaurants GmbH (hereinafter referred to as “VAPIANO”) and the customer (you) for the use of the service and the applications (as defined below) and any associated services. In this context, orders can be placed via a web application on our website. VAPIANO can also send you coupons, which we generate in the back-end system and which we then send to you, for example, as push notifications. You can redeem these coupons on the web application (order.vapiano.at). VAPIANO provides these services exclusively on the basis of these terms of use.

1.2 The VAPIANO application is an order and payment service for the food, drinks and other services available from participating VAPIANO restaurants.

1.3 Each contracting party may, at its own discretion and without liability, terminate the contract described in these terms of use and all related services at any time without notice. In this case, VAPIANO can indicate the service, the application resp. restrict, suspend or suspend all or all of the services (including the availability of any data, databases or content) or access to the service or Refuse all or part of the services and block or delete all or part of the associated data, especially your user account. VAPIANO will announce this by notifying you on the website or by notifying you. VAPIANO can also ask you to change the version of these terms of use or the service, application or confirm his services with a click. In this case, you can only continue to use the service or the application if you agree to the changes. As this is a standardized offer, we cannot take into account process changes that you make. In the event that you propose changes to the terms of use yourself, they will in no case come into force without our prior written and proper confirmation.

1.4 We would like to point out that we use MENU Technologies AG (“MENU”) as an external service provider for the execution of orders and payment processing. However, you do not enter into a contractual relationship with MENU.

1.5 Incidentally, the collection and processing of personal data in connection with the service is carried out in accordance with our data protection declaration.

1.6 “User” refers to a person who uses the applications and / or has registered and registered with VAPIANO for the use or potential use of the service.

1.7 “Participating restaurants” refers to restaurants run by VAPIANO or VAPIANO Franchisee, in which the digital order service VAPIANO Diretto can be used and you can order. These are solely responsible for the catering and restaurant services.

2. Service

2.1

Via a web application on a website (order.vapiano.at) you can be given the opportunity in participating restaurants to call up location-specific restaurant menu information or other information for meals, drinks or other consumption and pay for it.

2.2 Your order triggers a process, which informs VAPIANO and its service provider MENU accordingly about your personal data, e.g. your contact details, e.g. phone number and your order informed. When your order is ready to be picked up at the counter, you will be informed either via SMS message (for orders placed via the web application). If the restaurant you are visiting works with guest localization, your table number or your location in the participating restaurant will also be determined by means of table number entry (mobile application). You hereby authorize VAPIANO to disclose and process your orders, personal data and in particular your location data to participating restaurants.

2.3 If VAPIANO does not run the respective participating restaurant, VAPIANO mediates as a service your order to the participating restaurant and settles this in the name and for the account of the participating restaurant or for the respective VAPIANO Franchisee. All brokering and billing services provided to you by VAPIANO via the applications, other services rendered and the applications are hereinafter referred to as the “Service”. The service is only offered for your private, non-commercial use. VAPIANO (as the franchisor at best) is the platform operator of the application and obtains your personal data, such as orders, telephone number, email address, possibly home and / or delivery address and can use them possibly for marketing purposes. The participating restaurants use the VAPIANO platform in their restaurants and receive your order and payment details for their respective restaurants. As a technology supplier, MENU provides the applications platform VAPIANO and can view your personal data. MENU provides VAPIANO within the applications platform with functions and integrations that enable VAPIANO to communicate with you in a personalized form and to provide you with relevant information at the appropriate time.

2.3 VAPIANO can enable you to order and pay for meals, drinks and other services available from VAPIANO FG via the applications based on these terms of use.

2.4 The catering services are provided by the participating restaurants in their own name and on their own account. The participating restaurants that are not run by VAPIANO do not act in any way for VAPIANO. In this regard, you enter into a contract with the participating restaurant, but not with VAPIANO.

2.5 VAPIANO does offer meals and drinks in the participating restaurants which are run by VAPIANO.

2.6 Furthermore, it is at the discretion of the participating restaurant to enter into a catering or other contract with you.

2.7 There is no obligation for you to use the service; VAPIANO is also not obliged to offer you the service or to provide the service successfully (in particular to place orders or settle payments).

2.8 The application serves as a platform to present the offer of VAPIANO and the participating restaurants and to enable you to place orders and make payments from your smartphone via a web application on a website. The catering and any other services (including ordering and payment; excluding agency and billing services) are therefore subject to an agreement between you and the participating restaurant. The agreement between you and the participating restaurant is not included in these terms of use and conditions apply that are agreed between you and the participating restaurant. The participating restaurant is solely responsible for this.

3. User account

3.1 In order for you to be able to use the service or the mobile application, in particular to place an order on the application provided by VAPIANO, you must first log in and create a user account. This is currently possible via the web application on the website (order.vapiano.at). When registering, you provide VAPIANO and therefore its service provider MENU personal data (including email, name and your credit card details (will not be saved with VAPIANO or MENU). After successfully registering with VAPIANO, you will receive a personal user account from VAPIANO, which you can access with a password of your choice.

3.2 User accounts are available to clearly identified and designated natural persons. VAPIANO stores your data in your user account. The user account combines information about you so that you and we can better understand and manage your rights and obligations as a user of VAPIANO.

3.3 A user account is not transferable.

3.4 You are not allowed to have more than one user account.

3.5 You guarantee that the information you provide to VAPIANO is correct, complete and current. In particular, you must truthfully provide your own name and, if necessary, a billing address for billing purposes.

3.6 You are required to keep your user information correct, complete and up to date at all times. Please use the update functions in your user account to update any changes. If your data is no longer correct, complete and up-to-date, communication with you (and in particular collecting payments) may no longer be possible due to outdated, incorrect or incomplete contact information or for other reasons (especially if the payment method is invalid or has expired), we may no longer be able to offer you a smooth processing of the service on the mobile application and it may be that you no longer have access to the service or can no longer use it or that VAPIANO cancels, suspends or discontinues it.

3.7 You are responsible for all activities on your user account and you are obliged to keep your username and password safe and confidential at all times.

3.8 VAPIANO is at any time entitled to check the information you provide and to refuse service or the use of the mobile application without stating any reason.

4. Cancellation of your user account

4.1 We reserve the right to cancel and delete your user account at any time, especially if we can no longer reach you via the email address specified in the user account.

5. Use of the service

5.1 In order to use the service or applications and create a user account, you must be 18 years or older. You assure that you are a capable individual to act, so that you can conclude a binding contract.

5.2 In particular, you commit yourself as follows:

  • You will only use the service or applications for private, non-commercial purposes and will not pass it on to third parties;
  • You will not allow or allow third parties to use your user account;
  • You will not assign, transfer or otherwise make your user account available to another person;
  • You will not use a third party user account;
  • You will comply with all applicable laws when you use the service or applications and you will only use the service and applications for lawful purposes;
  • You will not use the service or applications to cause trouble, annoyance or inconvenience;
  • You will not interfere with the correct operation of the network;
  • You will not try to damage the service or the applications in any way;
  • You will keep the password for your user account or any identification that we provide to gain access to the service and the applications secure and confidential and keep it secret;
  • You will provide us with any proof of your identity that we deem appropriate;
  • You will not use the service or the applications with a non-compatible or non-approved device.

5.3 VAPIANO particularly reserves the right to immediately terminate the service and use of the applications if you do not meet all of the obligations set out above.

5.4 You are responsible for the proper installation and functioning of the applications on your devices and the data network access required to be able to use the service and the applications, as well as any costs that may arise from the use of the service and applications. While accessing and / or using the service and applications, data and connection fees and charges, e.g. from your mobile network provider, may be incurred, and you are solely responsible for paying them.

5.5 You are responsible for the procurement and updating of compatible hardware and devices, which are necessary for access to the service and the applications as well as their updates or for the corresponding use. VAPIANO does not guarantee that the service, the applications or parts of it will work on the respective hardware or the relevant devices. In addition, malfunctions and delays can occur in the services and the applications, which are caused by the use of the Internet and electronic communication means.

5.6 It is also your responsibility to check and ensure that you always have downloaded the correct applications for your device. This is particularly important when newer versions of the applications are published and VAPIANO is not obliged to maintain older versions or to ensure in any way that such older versions continue to work or are otherwise error-free. You should always update to the latest version of the applications, especially to be able to use new functions.

5.7 VAPIANO is particularly not liable if you do not have a working data network access or a compatible mobile device or if you download the wrong applications version to your mobile device. VAPIANO particularly reserves the right to cancel the service or cancel the availability of the applications if you use the service or the applications with an incompatible or impermissible device.

6. Payment

6.1 You are aware that costs will arise through the acceptance of any offerings of the participating restaurants by using the service or the applications.

6.2 The prices for the offerings of participating restaurants (e.g. meals, drinks) can usually be found in the applications. These are determined and made available by the participating restaurants and are changed and updated from time to time. It is your own responsibility to find out about the current prices of the corresponding offers from participating restaurants.

6.3 VAPIANO will charge you for meals, drinks or other goods displayed on behalf of the participating restaurant through the service or applications. Payment is processed via MENU. MENU will settle your payment with VAPIANO or with the VAPIANO operator/Franchisee of the participating restaurant by acting as a limited collection agent. The payments you make via the service or applications will be treated as if you made them directly to the participating restaurant. All prices are payable immediately.

6.4 You agree that you will pay for all meals, drinks and other goods (including any taxes and late fees, if any, that are associated with your account) that you order from a participating restaurant and that VAPIANO, i.e. [Name of payment processor] will charge your credit card or other payment method you specified when you registered with the service or the applications. You are responsible for the provision of a valid credit card or other payment method and the timely payment of all costs to VAPIANO resp. [Name of payment provider].

6.5 VAPIANO uses an external payment processor (the “Payment Processor”) via MENU to connect your credit card to the applications and service. The processing of payments or credit, if applicable, in connection with your use of the applications and the service is subject to the terms and conditions and the data protection guidelines of the payment processor and your credit card issuer in addition to these terms of use. VAPIANO is not responsible for any errors made by the payment processor or the credit card issuer. In connection with your use of the services, VAPIANO obtains certain transaction details, which VAPIANO will only use in accordance with the data protection declaration.

7. License and restrictions

7.1 If you fully comply with these terms of use, VAPIANO grants you a restricted, non-exclusive, non-sublicensable, revocable and non-transferable sublicense to: (i) access the applications and use it on your own device in connection with the use of the service to use; and (ii) access all content, information and associated materials made available via the applications and to use them privately and non-commercially. MENU and the licensors of MENU reserve all rights not expressly granted herein.

7.2 You are not permitted to: (i) remove references to copyrights, trademarks or other property rights from the relevant part of the applications; (ii) reproduce, modify, create, distribute, license, rent, sell, resell, transfer, transmit, make public or otherwise use the applications without the express consent of MENU to stream, broadcast or otherwise exploit; (iii) to decompile, reverse engineer or disassemble the applications, unless and to the extent permitted by law; (iv) to link, frame or mirror a part of the applications; (v) to develop or install programs or scripts with the aim of scraping, indexing, surveying or other data mining or to unduly restrict or hinder the operation or function of aspects of the applications; or (vi) attempt to gain or interfere with unauthorized access to any part of the applications and the systems or networks connected to it.

7.3 The service and the applications as well as all rights to it exclusively belong to MENU or the licensors of MENU and remain with them.

7.4 Neither these Terms of Use nor the use of the Service grant you any rights: (i) to or in relation to the Service or Applications, except for the limited license granted above; or (ii) to the use of or reference to MENU’s or VAPIANO’s company names, logos, brands, other trademarks, or those of MENU or VAPIANO’s licensors.

7.5 The service or applications can be made accessible or used in connection with or in connection with services and / or content from third parties (including advertising). You acknowledge that other terms of use and privacy policies may apply. VAPIANO is not responsible or liable for any goods, services or content from third parties.

8. User content

8.1 VAPIANO may, at its sole discretion, allow you to submit, upload, publish, or upload text, audio and / or image content and information from time to time, or otherwise be available through the applications for VAPIANO, MENU, and / or other users to make, such as comments and feedback on the hospitality services, meals and drinks or other menu offers or services, the service, support requests and the submission of contributions (“user content”). As a matter of principle, you remain the owner of all user content submitted or otherwise made available.

8.2 However, you grant VAPIANO and MENU a worldwide, unlimited in time and content, irrevocable, transferable, sublicensable and free license to all user content, in particular for their use, reproduction, distribution, modification, publication, availability, public performance or other use in all Formats and across all sales opportunities, regardless of whether they already exist and / or are known or only arise or become known later.

8.3 You ensure and are responsible that: (i) you are either the sole and exclusive owner of all user content or have all the rights, licenses, consents and exemptions required to provide user content under the above license to VAPIANO and MENU; and (ii) neither the user content nor its transmission, uploading, publication or other disclosure, nor the use of the user content by VAPIANO and / or MENU violate the rights of third parties in intellectual property or other rights of third parties, publication rights or personal or data protection rights of third parties or disregard or violate applicable laws or regulations.

8.4 You agree not to post, transmit, upload, communicate, publish, or make available any user content that is offensive, defamatory, mean, violent, obscene, pornographic, otherwise objectionable or unlawful, whatever by VAPIANO and / or MENU is decided at its own discretion; this is irrespective of whether the user content is protected by law or not. VAPIANO and MENU have the right, without notice to you, to review, monitor and remove user content at its sole discretion. However, there is no obligation to check, monitor or remove user content.

9. Indemnification

9.1 You undertake to indemnify and hold VAPIANO, MENU, its subsidiaries, VAPIANO Franchisee, participating restaurants, licensors as well as organs, managing directors, employees and contractors harmless against all claims, claims, costs, damages, losses, liability claims (including attorney fees and – costs) arising out of or in connection with your violation or your violation of any provision of these terms of use or any applicable legal provisions, your violation of third party rights, including the participating restaurants, VAPIANO, MENU or otherwise from or in connection with your Use of the service and / or the applications result.

10. Disclaimer and warranty

10.1 Any guarantee of VAPIANO, in particular for the service and the applications, is hereby, to the extent permitted by law, excluded. VAPIANO makes no assurances regarding the applications and the service and makes no guarantee in this regard and gives no guarantee.

10.3 The service is provided to “AS IS” and “AS AVAILABLE”.

10.4 In particular, VAPIANO cannot guarantee that the website, its content, the service and / or the applications are free of errors, defects, malware and viruses or that the website and / or the applications are correct, updated and error-free.

10.5 Furthermore, VAPIANO in particular makes no representations and gives no guarantee that the service will not be interrupted or is otherwise error-free, and no guarantee regarding the reliability, quality, suitability or availability of the service and the application or other services in connection with the Service and the application. Temporary interruptions or errors can arise and the service or. the application may be subject to restrictions, malfunctions, delays or other problems.

11. Disclaimer and limitations of liability

11.1 VAPIANO is only liable for damage caused by deliberate intent or gross negligence.

11.2 VAPIANO is in particular not liable for any damage resulting from the use (or inability to use) of the website or the applications or the service, including caused by malware, viruses or any errors or incompleteness of the information or the website or applications damage.

11.3 VAPIANO is not liable for damage or claims for damages by third parties.

11.4 These disclaimers and limitations also apply to VAPIANO ‘s assistants, their agents and deputies.

12. Applicable law and other provisions

12.1 These terms of use are subject to Austrian law, to the exclusion of any references to other legal systems; the application of the United Nations Convention on Contracts for the International Sale of Goods is excluded. Regardless of this choice of law, those provisions remain applicable to contracts with consumers from which no deviations may be made by agreement under the law that would apply without the choice of law.

12.2 Should provisions of these terms of use or the contract be invalid or ineffective, the effectiveness of the other provisions and the terms of use respectively. of the contract otherwise not affected. To the extent permitted by law, the void or ineffective provisions will be replaced by provisions that come as close as possible to their economic purpose.

12.3 You may not transfer your rights and obligations from these terms of use to a third party without the prior express written consent of VAPIANO.

12.4 VAPIANO can send you, in particular about the service or the applications, by general notification or by email to your email address stored in the user account information of VAPIANO or by means of written communication by regular mail to your in the user account information of VAPIANO saved address message.

 

Burger King Philippines WebApp Terms of Service

TERMS AND CONDITIONS FOR THE BURGER KING WEB APPLICATION

These Terms and Conditions shall apply to all orders of BURGER KING products (“Products”) of a customer through this BURGER KING web application (the “App”). By placing an order for Products through this App, you understand, agree with, and accept:

(i) these Terms and Conditions and any corresponding changes thereto which we may implement from time to time; and

(ii) our Privacy Policy in connection with how we process your personal information collected from this App.

For purposes of these Terms and Conditions, “BURGER KING”, “our” or “we” shall refer to PERF Restaurants, Inc., while “customer” or “you” shall refer to the customer who intends to purchase the Products from this App.

I. Territories Covered

You understand and agree that this App can only service the following areas, depending on the Order Fulfillment Option chosen. If your area is not within the areas below, you may visit the nearest BURGER KING store.

Delivery Area

BURGER KING offers delivery services only within selected areas. Each BURGER KING delivery branch has a dedicated delivery area which cannot be changed. Thus, any forced request for re-routing of order to another branch is strictly prohibited.

Serviceable coverage includes selected areas in Angeles, Antipolo, Baguio, Batangas, Bulacan, Cagayan de Oro, Cavite, Cebu, Davao, Iloilo, La Union, Laguna, Las Pinas, Makati, Malabon, Mandaluyong, Manila, Marikina, Misamis Oriental, Muntinlupa, Negros Occidental, Nueva Ecija, Pampanga, Paranaque, Pasay, Pasig, Quezon, Quezon City, San Juan, Taguig, Tarlac, Zamboanga, Bataan, Valenzuela, and Caloocan.

II. Account Creation

If you decide to place an order through this App, you will be asked to register by creating an account which requires your personal information such as name, complete delivery address, telephone or mobile number, email address and a password. Creating an account allows you to automatically fill-up necessary delivery details such as delivery address and contact number on your next order. Inputting and confirming a password on the “Guest Information” or “Sign Up” page of the App, along with other confirmations, allows you to make an account. You must keep this password confidential and must not disclose it to anyone. If you believe someone else knows your password, please change your password immediately.

We reserve the right to suspend your registration if you violate any of these Terms and Conditions.

When you choose to create an account by linking it with an external third party service or application, such as Facebook, this feature will not modify nor allow the access of the content of your Facebook account. However, if you use your Facebook account to create an account in this App, the following shall apply:

  • Your Facebook account name shall be your Account name in the App; and
  • The e-mail address of your Facebook account shall be your e-mail address in the App.

If you wish to order as guest, the App will require your name, telephone or mobile number and complete delivery address on every use of the ordering platform. The information you provide will only be used for purpose of the pertinent delivery and for any subsequent issues on payment. If you are ordering as a guest, do not input or confirm any password on the pertinent pages of the App.

If another person used your account to order Products on your behalf, with or without your knowledge, such order shall be subject to these Terms and Conditions, and you agree that the order shall be considered your own and will be charged to you.

If you indicate a recipient’s address other than your own, you agree that the order shall be considered your own and will be charged to you. If the payment is to be made by cash at the recipient’s address, you also agree that it is your responsibility to ensure that that the order is paid in full.

III. Fulfillment of Order

The online order submitted through this ordering platform will be fulfilled via delivery only. The delivery order is fulfilled either through riders or other third-party delivery services which we may engage. We reserve the right to revise or add order fulfillment options in the future.

IV. Submission of Order

Upon submission of your online order, you are authorizing us to process your online order and preparation of the Products you have specified on your order form. However, we reserve the right to refuse the processing of your order without any notification should we find any incorrect or incomplete details, or any previous spurious transactions with the given personal information.

Also, non-response to SMS and calls from either branch, or delivery rider may result to late or non-delivery of Products, or late preparation of the Products in store and should not be taken against us. Additional verification call or confirmation call may be required to proceed with your order.

V. Regular Order (Delivery)

By submitting your order via delivery through this App, you understand and agree that the processing of your order is subject to the following conditions:

1 . There is no minimum food purchase for a delivery transaction.

2. There is a forty-five (45) minute delivery guarantee for single receipt transactions amounting to PHP 3,000.00 and below. However, this delivery guarantee does not apply if there are more than 20 orders per transaction of the same product combinations.

You understand and accept, however, that any delay due to heavy traffic, inclement weather, unavoidable technical difficulties in the stores, or similar or conditions or circumstances, are beyond our control and should not at any time be taken against us. Delivery services may also not be available in cases of extreme weather, natural disasters, and unavoidable technical difficulties in the store/s in your area.

3. Orders above PHP 3,001.00 are considered bulk orders. For bulk orders, you will receive a call from our store to verify your identity and your order details. Due to the volume of the Products ordered, we do not guarantee that orders will be delivered within the forty-five (45) minute delivery period and the store will coordinate with you on the delivery serving time.

4. Excessive requests of items such as ketchup, condiments, utensils, and the like are subject to store discretion.

5. Any other special request outside the list of the BURGER KING product menu is strictly prohibited. Additional special request such as medicine, newspaper, cigarettes, grocery items, and the like will not be entertained.

VII. Advance Order

Delivery:

If you wish to order in advance through this App, you may place your order at least two (2) hours before your expected delivery time.

VIII. Order Acceptance and Confirmation

The acceptance of orders for the Products made through the App shall be at the entire discretion of BURGER KING. We reserve the right to decline to accept the order or deliver the Products without giving any reason.

For Delivery, our acceptance of an order occurs when you receive an on-screen message or email message

confirming that your order has been placed (“Delivery Order Confirmation”). The Delivery Order Confirmation is a record of our agreement to deliver the Products you ordered and your obligation to pay the price of the Products in full.

The Order Confirmation for Delivery will contain the following information:

Delivery:

a. Your pertinent order ID;

b. The date and time of your order;

c. The address to which your order will be delivered;

d. The BURGER KING branch that has received and will process your order; and

e. The contact number of the BURGER KING branch that has received and will process your order.

IX. Changes of Order

For Delivery, changes in your order or delivery time can be made within five (5) minutes from the time that you receive the Delivery Order Confirmation. Once confirmed, all orders are considered final.

If you wish to change your order prior to delivery, please call (through the contact number provided in the Order Confirmation) the store within the timeframe stated above, and provide the details of your order included in the Order Confirmation. Changes in your order that are confirmed by the pertinent store will reset the forty-five (45) minute delivery guarantee time, and will likewise be subject to these Terms and Conditions. You understand that the total amount of your order will be changed should there be any changes in your order, and that you agree to pay the new total amount upon delivery. Thus:

  • If you paid for your order online via credit card, any additional price difference as a result of changing your order must be paid in cash, payable upon delivery.
  • If, as a result of any change/s you make to your order, the total amount payable is less than the amount paid online via credit card, any amount paid in excess of the new total amount payable shall be refunded to you by your own bank. You understand and agree that in such a case, we will not process the refund on your behalf, and that you are personally responsible for processing the refund with your own issuing bank.
  • If you choose to pay by credit card upon delivery (card present), the total amount shall be chargeable and payable upon delivery.

If any of the changes to order include promotions which are only available for limited periods, any changes to your order may mean that the promotions are no longer available by the time the changes are made.__

We reserve the right to refuse any modification in case the order has already been dispatched for delivery prior to receipt of your request.

X. Cancellation of Orders

Delivery orders:

Orders may be cancelled within five (5) minutes from the time that you receive the Order Confirmation by calling or messaging the BURGER KING branch that received your order. Cancellation immediately after the fifth minute from the time that the Order Confirmation was received will no longer be valid. You understand and agree that cancellation beyond the fifth minute will require you to pay the full amount of the order you placed.

We reserve the right to refuse any cancellation in case the order has already been dispatched for delivery prior to receipt of your request.

If payment is made via credit card and the cancellation of order was successful, it will be your responsibility to contact the issuing bank to cancel the payment made.

 

XI. Prices and Payment

Unless otherwise stated in writing, the Product prices quoted on this App are inclusive of value-added taxes and any other applicable taxes. The Product prices on this App are subject to change without prior notice.

To check the price/s of the Product you want to order, please click the Checkout button to see the breakdown and total amount due.

You can pay by any of the following methods:

  • Cash upon delivery; and
  • Cashless mode of payment on-App (credit card and/or debit card), subject to the condition that on-App credit card payment may not be available all the time.

If your order is placed using a credit card, such card should be valid on the date of delivery of your order.

A Senior Citizen (SC), Person with Disability (PWD), or National Athlete and Coach (NAC) discount may be applied on the delivery provided you comply with the Conditions stated below. SC, PWD, or NAC discount cannot be availed in conjunction with other discounts and/or promotions.

We reserve our right to refuse to deliver or prepare any order if for whatever reason we believe that payment will be refused at any stage.

XII. Refund

In case of a refund, any refund for payments made in cash would need to be processed by our Customer Services team by calling +63 2 8634 1111. Refunds for orders paid online via credit card or upon delivery via credit card must be processed by you through your issuing bank.

XIII. Delivery Conditions

You agree to accept delivery of the Products at the agreed time and place of delivery, subject to the specific delivery conditions below:

Delivery Time

The arrival time in our delivery service guarantee will be based on our rider’s arrival at the gate of your subdivisions, villages, factories, industrial areas, and other gated communities (as the case may be); while the arrival time in buildings, hospitals, condominiums, and hotels will be based on our rider’s arrival at the lobby.

We shall exert reasonable efforts to meet the guaranteed delivery time, where applicable. You understand and accept, however, that any delay due to traffic, inclement weather or similar or analogous conditions or circumstance, are beyond our control and should not at any time be taken against us.

Product Availability

You understand and agree that product/s are subject to availability at the time of delivery. If the products you ordered are not available, we may offer you a reasonable substitute product or equivalent quality and price or we may advise you through phone call (local Philippines), SMS, or electronic mail for alternative product/s. You understand that should you choose to order other product/s, this may affect the purchase price.

ID Validation

If a Senior Citizen (SC), Person with Disability (PWD), or National Athlete and Coach (NAC) discount was applied on the delivery transaction, the SC, PWD, NAC must be physically present at the time and place of the delivery, and the SC, PWD, or NAC card must be presented to our rider for validation.

Product Availability

You understand and agree that product/s are subject to availability at the time of pick up. If the products you ordered are not available, we may offer you a reasonable substitute product or equivalent quality and price or we may advise you through phone call (local Philippines), SMS, or electronic mail for alternative product/s. You understand that should you choose to order other product/s, this may affect the purchase price.

ID Validation

For credit card transactions payable upon take out / dine in, you will be requested to present a valid ID to our cashier for validation.

If a Senior Citizen (SC), Person with Disability (PWD), or National Athlete and Coach (NAC) discount was applied on the take out / dine in transaction, the SC, PWD, or NAC must be physically present at the time and place of take out / dine in, and the SC, PWD, or NAC card must be presented to the cashier for validation.

XV. Promotions, Coupons, and Rewards (Special Offers)

From time to time, products may be subject to special offers. Any special offer may be subject to these Terms and Conditions, unless otherwise specified by us. In case of inconsistency between the special offer and these Terms and Conditions, the former shall prevail. We reserve the right to change the conditions and/or availability of special offers or withdraw them at our discretion. However, we will honor any order received before the withdrawal or changes on the special offers. All special offers are valid only within the promotional period, are subject to change and are not valid in conjunction with other offers, unless otherwise stated.

For special offers made available through online coupons, these coupons may have separate mechanics and qualifiers which will be explicitly stated in each coupon. For you to successfully avail the coupon, you understand and acknowledge that you will follow the mechanics and qualifiers stated in each coupon, and that your failure to do so may result in your ineligibility or inability to avail the same. In such a case, you agree that we will not be liable for your ineligibility or inability to avail the coupon.

XVI. Limitation and Liability

We shall not be liable for any loss, expense, cost or damage arising directly or indirectly out of or in connection with: (i) your use of this site and/or application; or (ii) the delay beyond the estimated time or date of delivery or pick up; or (iii) availability of product/s at any given time; or (iv) force majeure; or (v) your ineligibility or inability to avail any special offer or coupon if you are unable to follow the relevant terms and conditions, or qualifiers/promo mechanics of such special offer or coupon; or (vi) any circumstances beyond our control, and over which we could not have avoided even with the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by customers or third parties. In any event, our liability for any given transaction shall not exceed the total price charged for the relevant items.

The Products ordered should be consumed immediately after their actual receipt. We will not be liable for any event that may arise as a result/consequence of consuming the Products beyond the specified time.

XVII. Intellectual Property

This site and/or application contains the BURGER KING and their logos, and other trademarks, service marks, product names, designs, titles, words or phrases, graphics and logos used in connection with the site and/or application (Collectively, the “Trademarks”), including, all text, images, photographs, illustrations, data, and/or other related information, and other materials featured, displayed, contained and available in and on the site and/or application (collectively, the “Content”), are owned by or licensed to BURGER KING.

The Trademarks, Content and related proprietary property are protected from copying and imitation under national and international laws and are not to be used, reproduced, adapted (whether in its original form or derivations thereof), or copied, in whole or in part, without the express written permission of BURGER KING. Third parties are not allowed to use the Trademarks and Content in any manner, or for any other purpose, commercial or otherwise, without BURGER KING’s prior express written consent.

XVIII. Privacy Policy

Our Privacy Policy, and any changes thereto which we may implement from time to time, in connection with how we process your personal information collected from this App may be found in the Privacy Policy. You agree that with your acceptance of these Terms and Conditions, you have read, understood, and accepted our Privacy Policy.

XIX. Updating these Terms and Conditions

Whenever necessary, we may, from time to time, update and/or revise these Terms and Conditions. We shall inform you of any update or revision by placing the date of the latest version on top of these Terms and Conditions.

XX. Miscellaneous Provisions

These Terms and Conditions shall be governed by and interpreted in accordance with Philippine law. In case of disputes, the venue for any action shall be the proper courts of Pasig City to the exclusion of all other venues.

Failure of BURGER KING to enforce a particular term or condition does not constitute a waiver of that term or condition by BURGER KING and shall not be construed as a waiver or variation of it or preclude its exercise at any subsequent time.

If any of the terms or conditions is held to be invalid or unenforceable, then such term or condition shall, so far as it is invalid or unenforceable, be given no effect and shall be deemed not to be included in these Terms and Conditions, but without invalidating any of the remaining provisions.

XXI. Contact Us

If you have any questions regarding this Terms and Conditions, please contact us through:

Customer care hotline: +63 2 8634 1111; or

Customer care email address: feedback@burgerking.com.ph.