Tommi’s Burger Joint Germany Terms of service

Tommi’s Burger Joint – Terms of Use

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

BY DOWNLOADING OUR APP, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT DOWNLOAD OR USE OUR APP.

  1. WHO WE ARE

We are Tommi’s Burger Joint Ltd (“TBJ”). We are a company registered in England and Wales with company number 08113833. Our registered address is 30 Thayer Street, London, England, W1U 2QP.

  1. SCOPE OF THESE TERMS OF USE
    1. These are the terms and conditions on which our customers may use our app to order and pay for restaurant and catering services offered by TBJ’s participating franchisee restaurants (“Participating Restaurants”), find out information about our Participating Restaurants or collect and redeem rewards points and coupons.
    2. TBJ’s app is available on Apple’s App Store or Google Play for your mobile phone (“the Mobile App”), on our website, www.tommis.is (“the Web App”) or on the self-order kiosks in our Participating Restaurants (“the Kiosk App”). For the purpose of these terms and conditions, the Mobile App, the Web App and the Kiosk App are together referred to as “the App”.
    3. TBJ provides the App exclusively on the basis of these terms and conditions.
  2. PARTICIPATING RESTAURANTS
    1. TBJ sends your orders, via the App, to Participating Restaurants and facilitates the billing and payment of your orders. The services provided to you by TBJ via the App are hereinafter referred to as the “Services”.
    2. TBJ operates the App, which the Participating Restaurants can access in order to view, accept or reject your orders and payment details.
    3. The catering and restaurant services are provided by the Participating Restaurants directly, in their own name and on their own account. The Participating Restaurants do not act in any way for or on behalf of TBJ.
    4. The Participating Restaurants’ catering and restaurant services are provided on the basis of an agreement between you and the Participating Restaurants. TBJ is not a party to that agreement, and the terms of that agreement are not included in these terms of use.
    5. The Participating Restaurants have absolute discretion as to whether they accept your order and contract with you.
  3. APPSTORE USERS
    1. If you download the App from Apple’s App Store and / or are using the App on an Apple device the following additional terms shall apply and, to the extent that there is any inconsistency between the terms set out in this clause 4 and the rest of these terms and conditions, the terms set out in this clause 4 shall prevail:
      1. Acknowledgement: You and TBJ acknowledge that this contract is concluded between you and TBJ only, and not with Apple, and TBJ, not Apple, is solely responsible for the App and the content thereof. These terms and conditions do not provide for usage rules for licensed applications that are in conflict with the Apple Media Services Terms and Conditions.
      2. Scope of Licence: The licence granted to you for the App is limited to a non-transferable licence to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts which you hold, for example via Family Sharing or volume purchasing.
      3. Maintenance and Support: TBJ is solely responsible for providing any maintenance and support services with respect to the App, as specified in these terms and conditions, or as required under applicable law. You and TBJ acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
      4. Warranty: TBJ is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be TBJ’s sole responsibility.
      5. Product Claims: You and TBJ acknowledge that TBJ, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks.
      6. Intellectual Property Rights: You and TBJ acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, TBJ, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
      7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
      8. Developer Name and Address: Tommi’s Burger Joint Ltd is a company registered in England and Wales with company number 08113833. TBJ’s registered address is 30 Thayer Street, London, England, W1U 2QP and any questions, complaints or claims with respect to these terms and conditions may be directed to that address, via email to info@tommis.is or by telephone to +44 7885 557 221.
      9. Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the App, and you must not be in violation of your wireless data service agreement when using the App.
      10. Third Party Beneficiary: You and TBJ acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms and conditions, and that, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary thereof.
  4. GOOGLE PLAY USERS

If you download the App from Google Play, the ways in which you can use the App may also be controlled by Google Play’s rules and policies, including Google Play’s Terms of Service. Google is not a party to this agreement and has no responsibility or liability under it.

  1. CHANGES TO THESE TERMS
    1. TBJ may change these terms and conditions from time to time. TBJ will give you reasonable notice of any change by notifying you of the details of any change when you next use the App. If you do not accept the notified changes, you will not be permitted to continuing using the App.
    2. These are TBJ’s standard terms and conditions. Any changes which you propose to these terms and conditions will not be effective without TBJ’s prior written consent.
  2. PRIVACY

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Policy and it is important that you read that information.

  1. PLACING AND RECEIVING ORDERS
    1. Once you have downloaded the App, you may access location-specific menus or other information about the Participating Restaurants.
    2. You can place and pay for orders via the App, either at Participating Restaurants or (with the exception of the Kiosk App) for home delivery. In certain Participating Restaurants you may also pay for orders which you have placed with service staff.
    3. When your order is ready, you will be informed either via a push notification (for orders placed via the Mobile App) or via an SMS message (for orders placed via the Web App). If you place an order on the Kiosk App, the Participating Restaurant will either give you a puck, which will show you when your order is ready for collection, or display your order number on a screen.
    4. If the Participating Restaurant you are visiting uses guest localisation, your table number or your location in the Participating Restaurant will be determined either by you manually entering your table number into the App (if using the Mobile or Web App), or by a Bluetooth-enabled location device (if using the Kiosk App).
    5. If you have placed an order via the Mobile App, please ensure that you have enabled push notifications and activated Bluetooth in order to receive notifications from the Participating Restaurants about your order and to use their guest localisation services.
  2. USER ACCOUNT
    1. In order to use the Mobile App or the Web App you must create a user account.
    2. Your user account is unique to you and is not assignable or transferable to any other party.
    3. You are not permitted to have more than one user account.
    4. You guarantee that the information you provide to TBJ for the purposes of creating your user account is correct, complete and up-to-date at all times. In particular, you guarantee that you have provided your own name and, if necessary, a billing address for billing purposes. Please use the update functions to input any changes to your user information, as needed. TBJ is entitled to check, at any time, the identity information you provide.
    5. If your details are not correct, complete and up-to-date:
      1. communication with you and the collection of payment from you may not be possible;
      2. you may no longer be able to use or access the App; and/or
      3. TBJ may cancel, suspend or discontinue your user account.
    6. You are responsible for all activities on your user account.
    7. You must keep your username and password safe and confidential at all times.
  3. USING THE APP
    1. In order to download and use the App and create a user account you must be 18 years or older. By downloading and/or using the App you guarantee that you have capacity to enter into a binding legal contract with TBJ.
    2. By downloading and/or using the App, you agree:
      1. you will only use the App for your own private, non-commercial purposes;
      2. you will not allow third parties to access or use your user account;
      3. you will not assign, transfer or otherwise make your user account available to any other person;
      4. you will not use a third party’s user account;
      5. you will comply with all applicable laws when you use the App and you will only use the App for lawful purposes;
      6. you will not use the App to cause trouble, annoyance or inconvenience to TBJ, the Participating Restaurants or any third party;
      7. you will not interfere with the operation of the App;
      8. you will not corrupt, damage, or seek to damage, the App in any way;
      9. you will keep the password for your user account or any identification that TBJ provides to you to gain access to the App secure and confidential;
      10. you will provide TBJ with any proof of your identity that we deem appropriate; and
      11. you will not use the App with a non-compatible device.
    3. You are solely responsible for:
      1. ensuring the proper installation and functioning of the App on your device(s) and the internet or mobile data network (as applicable) required to access and use the App;
      2. paying any fees and charges which may arise or be incurred when accessing and/or using the App, for example from your mobile network provider;
      3. procuring and updating compatible hardware and software as necessary to use and access the App;
      4. downloading the correct version of the App for your device(s). This is particularly important when newer versions of the App are published. TBJ is not obliged to maintain older versions of the App or to ensure in any way that such older versions continue to work or are otherwise error-free. You should always update the App to the latest version, especially to use new functions.
    4. TBJ is not responsible for any issues or errors with the Service or the App caused by:
      1. your device(s), internet or mobile data network;
      2. your failure to use a compatible device to access and use the App; or
      3. your failure to download the correct version of the App for your mobile device.
  4. PAYMENT
    1. You must provide a valid credit card or other payment method when placing an order via the App.
    2. You must pay for the orders you place via the App immediately on check-out.
    3. You must pay for any taxes that are associated with your account.
    4. The prices for the food and beverages on offer at each of the Participating Restaurants can usually be found on the App. These prices are determined and made available by the Participating Restaurants and are changed and updated from time to time. It is your responsibility to ascertain the correct and current prices from Participating Restaurants.
    5. TBJ uses an external payment processor, SIX Payment Services (Europe) S.A. (the “Payment Processor”), to connect your specified payment method to the App. The Payment Processor will settle your payment with the Participating Restaurant by acting as the authorised agent of the Participating Restaurant. The payments you make via the App will be treated as if you made them directly to the Participating Restaurant.
    6. The processing of payments, if applicable, in connection with your use of the App is subject to the terms and conditions and the privacy policies of the Payment Processor and your bank, in addition to these terms of use. TBJ is not responsible for any errors made by the Payment Processor or your bank.
  5. COLLECT AND REDEEM REWARDS POINTS AND COUPONS
    1. You can collect rewards points by placing orders via the App. Please see the App or relevant promotion conditions for information about the number of points which may be granted.
    2. The purchase of merchandise, vouchers and any delivery costs or tips which may apply to your orders will not generate rewards points.
    3. To collect your rewards points, you must be logged in to the App with your user account at the time of ordering. It is not possible to collect points retrospectively.
    4. If an order for which you have received rewards points is not provided, for example if it is cancelled, TBJ reserves the right to cancel the corresponding rewards points.
    5. TBJ will credit the rewards points which you have collected to a rewards points account. You can check your current rewards points balance at any time via the App. In addition, TBJ may send you messages about your current rewards points balance.
    6. Objections to the accuracy of your notified rewards points balance must be made in writing within one month of the date of the notification to info@tommis.is or 30 Thayer Street, London, England, W1U 2QP. Unless you issue an objection within this time period, you will be deemed to accept the notified rewards points balance. If you issue an objection to your notified rewards points score after this time period, you must provide evidence of why your notified rewards points balance was incorrect at the time of the notification.
    7. TBJ may, from time to time, send you coupons, for example as push notifications, via the App.
    8. Subject to availability, you can redeem your rewards points or coupons for various benefits which are regularly updated.
    9. It is not possible to claim your rewards points or coupons in the form of cash.
    10. After a termination of your contract with TBJ, you can no longer collect new rewards points and you may not be able to redeem existing rewards points in your points account.
    11. You may only transfer rewards points to third parties with the prior written consent of TBJ.
  6. INTELLECTUAL PROPERTY

Except for intellectual property rights owned by TBJ, its licensors, Participating Restaurants or other third parties, all intellectual property rights in the App and any related documentation throughout the world belong to or are licenced by Menu Technologies AG (“Menu”). MENU and its licensors reserve all rights not expressly granted in these terms and conditions.

  1. LICENCE
    1. Subject to clause 14.2 and provided you fully comply with these terms and conditions, TBJ, as MENU’s licensee, grants you a restricted, non-exclusive, revocable and non-transferable sublicense (without the right to further sublicence) to:
      1. use and access the App on your personal device(s); and
      2. access all content, information and associated materials made available via the App and to use the same for your own, private and non-commercial purposes.
    2. You are not permitted to:
      1. rent, transfer, lease, sub-licence, loan, provide or otherwise make available, the App in any form, in whole or in part to any person;
      2. translate, merge, adapt, vary, alter or modify, the whole or any part of the App nor permit the App or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
      3. remove references to copyrights, trademarks or other intellectual property rights from the App or any part of it;
      4. reproduce, modify, create, distribute, sublicense, rent, sell, resell, transfer, make public, stream, broadcast or otherwise exploit or transmit the App;
      5. disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing, unless and to the extent permitted by law;
      6. link, frame or mirror a part of the App;
      7. develop or install programs or scripts with the aim of scraping, indexing, surveying, data mining or unduly restricting or hindering the operation or function of all or part of the App; or
      8. attempt to gain or interfere with unauthorised access to any part of the App and the systems or networks connected to it.
    3. For the avoidance of doubt these terms of use do not grant you any rights:
      1. to or in relation to the App, except under the limited terms of the license granted in this clause 13; or
      2. to use or reference MENU’s or TBJ’s or any Participating Restaurants’ company names, logos, brands, other trademarks, or those of MENU or TBJ’s licensors.
  2. USER CONTENT
    1. TBJ may, in its sole discretion, allow you to submit, upload or publish to the App, audio files, images, and/or comments and feedback (“User Content”).
    2. You are the owner of all User Content which you submit, upload or publish to the App.
    3. Subject to clause 15.4, you grant TBJ and MENU a worldwide, royalty-free, irrevocable, and transferable licence to use, reproduce, distribute, modify and publish your User Content (with a right to sub-licence the same).
    4. You guarantee that:
      1. you are either the sole and exclusive owner of all your User Content or have all the requisite rights, licenses, consents and exemptions required to provide User Content under the license granted in this clause 15 to TBJ and MENU; and
      2. neither your User Content nor its transmission, uploading, publication or other disclosure by TBJ and/or MENU will violate the intellectual property or other rights of third parties or violate applicable laws or regulations.
    5. You agree not to post, transmit, upload, communicate, publish, or make available any User Content that is offensive, defamatory, violent, obscene, pornographic, otherwise objectionable or unlawful.
    6. TBJ and MENU have the right to review, monitor and remove User Content in its and/or their sole discretion. For the avoidance of doubt, there is no obligation on TBJ and/or Menu to check, monitor or remove User Content.
  3. THIRD PARTY CONTENT

Third parties may use and access the App for the purposes of promoting or advertising their services and/or content. Third party terms of use and privacy policies may apply in respect of those services and/or content and TBJ is not responsible or liable for any goods, services or content advertised or provided by third parties.

  1. TERMINATION AND CANCELLATION
    1. Either you or TBJ may cancel your user account and/or the App at any time, without reason or notice.
    2. TBJ may, at any time and without reason:
      1. restrict, suspend or terminate your user account and/or your access to the any or all of the Services or the App; and/or
      2. refuse to provide any or all of the Services and/or the App to you,

and TBJ will notify you of the same.

    1. TBJ reserves the right to cancel your user account at any time and without notice if you fail to comply with any or all of these terms and conditions.
  1. INDEMNIFICATION

You undertake to indemnify TBJ, MENU, the Participating Restaurants, their subsidiaries, licensors, directors, employees and contractors against all claims, costs, damages and/or losses arising out of or in connection with your violation of any provision of these terms and conditions, applicable laws, and/or third party rights.

  1. DISCLAIMER
    1. The App is provided to “AS IS” and “AS AVAILABLE”.
    2. We do not guarantee that the App is free of errors, defects, malware and viruses or that the information available on the App is correct and/or up-to-date.
    3. We make no representations or guarantees that the App will not be interrupted or is otherwise error-free, and we make no guarantee regarding the reliability, quality, suitability or availability of the App. Temporary interruptions or errors may arise from time to time and the App may be subject to restrictions, malfunctions, delays or other problems.
  2. LIMITATION OF LIABILITY
    1. Nothing in these terms shall limit or exclude TBJ’s liability for: death or personal injury resulting from our negligence; fraud or fraudulent misrepresentation; and any other liability that cannot be excluded or limited by English law.
    2. Subject to clause 20.1, TBJ excludes all liability, whether arising in contract, in negligence or otherwise, for:
      1. any errors or omissions in relation to the content on the App or for any technical problems which you may experience with the App;
      2. any loss or damage which you or any third party may incur in connection with the App or the Services;
      3. any loss or damage caused by your use or misuse of the App, or any malware or viruses which affect the App.
  3. ASSIGNMENT

You may not assign, transfer, sub-licence or sub-contract and or all of your rights and obligations under these terms of use.

  1. GOVERNING LAW AND JURISDICTION
    1. These terms of use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
    2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms of use.

 

Tommi’s Burger Joint Germany Privacy policy

Tommi’s Burger Joint – Privacy Policy

 

Tommi’s Burger Joint Ltd is committed to protecting your personal data and respecting your privacy.

  1. Introduction

Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.

Please read this policy carefully to understand our practices regarding your personal data and how we will treat it.

This policy (together with our terms and conditions of use and any additional terms of use incorporated by reference into our terms and conditions of use, together our Terms of Use”) applies to your use of:

  • Tommi’s Burger Joint, our mobile application software which is available on our website, www.tommis.is (“the Web App”), the AppStore or Google Play (“the Mobile App”) and/or our self-order kiosks at our franchisee, participating restaurants (“the Kiosk App”). For the purposes of this policy, the Web App, the Mobile App and the Kiosk App are together referred to as “the App”; and
  • any of the services accessible via the App (“the Services”) or other sites of ours (“the Sites”), unless the Terms of Use state that a separate privacy policy applies to a particular service in which case only that privacy policy will apply.

This App is not intended for children and we do not knowingly collect data relating to children.

  1. Who we are

We are Tommi’s Burger Joint Ltd (“TBJ”). We are a company registered in England and Wales with company number 08113833. Our registered address is 30 Thayer Street, London, England, W1U 2QP.

You can contact us by email at info@tommis.is or by post to 30 Thayer Street, London, England, W1U 2QP.

We are the data controller and we are responsible for your personal data.

We have appointed a data protection officer (DPO) OR data privacy manager. If you have any questions about this privacy policy, please contact them at info@tommis.is

  1. Changes to this privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review.

This version was last updated on 30.06.2021

We may change and update this privacy policy from time to time. If the policy is updated, the changes will be posted on this page and, where appropriate, notified to you when you next start the App or log onto one of the Sites.

The new policy may be displayed on-screen and you may be required to read and accept the changes to continue using the App or the Sites.

It is important that the personal data we hold about you is accurate and up-to-date. Please keep us informed if your personal data changes during our relationship with you.

  1. Third party links

The App and the Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates.

Please note that these websites and any services that may be accessible through them have their own privacy policies and we do not accept any responsibility or liability for those policies or for any personal data that may be collected via third party’s websites or services, such as contact and location data.

Please check third party privacy policies before you submit any personal data to their websites or use their services.

  1. The data we collect about you

We may collect, use, store and transfer the following kinds of personal data:

  • Identity Data: first name, last name, maiden name, username or similar identifier, email address, title, date of birth, gender.
  • Contact Data: billing address, delivery address, email address and telephone numbers.
  • Financial Data: bank account and payment card details.
  • Transaction Data: includes details about payments to and from you and details of in-App purchases.
  • Device Data: includes your IP address, the type of mobile device you use, a unique device identifier (for example, your Device’s IMEI number, the MAC address of the Device’s wireless network interface, or the mobile phone number used by the Device) , mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting, OTHER INFORMATION .
  • Content Data: includes information stored on your Device, including friends’ lists, login information, photos, videos or other digital content.
  • Profile Data: includes your username and password, in-App purchase history, your interests, preferences, feedback and survey responses .
  • Usage Data: includes details of your use of any of our Apps or your visits to any of our Sites including, but not limited to, traffic data and other communication data , whether this is required for our own billing purposes or otherwise and the resources that you access .
  • Marketing and Communications Data: includes your preferences in receiving marketing from us and our third parties and your communication preferences .
  • Location Data: includes your current location disclosed by GPS or Bluetooth technology.

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific App feature.

However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

  1. How we collect your personal data

We collect and process the following data about you:

  • Information you give us. This is information (including Identity, Contact, Financial, and Marketing and Communications Data) you choose to give us about you by using the App, or by corresponding with us (for example, by email or chat). It includes information you provide when you register for the App, make an in-App purchase, share data via the App’s social media functions, enter a competition, promotion or survey other activities commonly carried out in connection with an app and when you report a problem with the App, our services, or any of our Sites. If you contact us, we will keep a record of that correspondence.
  • Information we collect about you and your device. Each time you visit one of the Sites or use the App we will automatically collect personal data including Device, Content and Usage Data. We collect this data using cookies and other similar technologies. Please see our cookie policy linked here for further details.
  • Location Data. We use GPS technology and Bluetooth technology to determine your current location. Some of our location-enabled services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling Location Data in your mobile phone settings.
  • Information we receive from other sources including third parties and publicly available sources. We will receive personal data about you from various third parties as set out at paragraph 10 below.
  • Device Data. We collect Device Data from the following parties:

analytics providers such as Google based outside the UK ;

  • Contact, Financial and Transaction Data. We collect Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as SIX Payment Services (EUROPE) S.A. and MENU Technologies AG based inside OR outside the UK;
  • Identity and Contact Data. We collect Identity and Contact Data from data brokers or aggregators.
  1. How we use your personal data

We will only use your personal data insofar as the law allows us to do so.

Most commonly we will use your personal data in the following circumstances:

  • Where you have provided consent for us to do so, before we process your personal data.
  • Where we need to perform our obligations under a contract which we are about to enter or have entered with you.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us at info.tommis.is. Please note, this will not affect the lawfulness of any processing carried out before you withdraw your consent.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

  1. Purposes for which we use your personal data
Purpose/activity Type of data Lawful basis for processing
To install the App and register you as a new App user Identity

Contact

Financial

Device

Your consent
To process in-App purchases and deliver services including managing payments and collecting money owed Identity

Contact

Financial

Transaction

Device

Marketing and Communications

Location

Your consent

Performance of a contract with you

Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you including notifying you of changes to the App or any Services Identity

Contact

Financial

Profile

Marketing and Communications

Your consent

Performance of a contract with you

Necessary for our legitimate interests (to keep records updated and to analyse how customers use our products/ Services)

Necessary to comply with legal obligations (to inform you of any changes to our terms and conditions)

To collect and/or redeem rewards points or coupons via the App Identity

Contact

Device

Your consent

Performance of a contract with you

Necessary for our legitimate interests (to recover debts due to us)

To administer and protect our business and this App including troubleshooting, data analysis and system testing Identity

Contact

Device

Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security)
To deliver content and advertisements to you

To make recommendations to you about goods or services which may interest you

To measure and analyse the effectiveness of the advertising we serve you

To monitor trends so we can improve the App

Identity

Contact

Device

Content

Profile

Usage

Marketing and Communications

Location

Consent

Necessary for our legitimate interests (to develop our products/Services and grow our business)

  1. Who we share your personal data with

When you consent to providing us with your personal data, we will also ask you for your consent to share your personal data with the third parties set out below for the purposes set out in the table:

 

Internal third parties

Other companies in the Tommi’s Burger Joint Group and who are based in Iceland, the United Kingdom, Germany, Denmark and companies who provide IT and system administration services .

External third parties

  • Our franchise restaurants based in the United Kingdom, acting as processors, who provide restaurant and catering services to you on receipt of the orders you place via the App.
  • PCI compliant payment processor SIX Payment Services (Europe) S.A. based in the United Kingdom, acting as processor, who provides payment processing services to facilitate payment of the orders you place via the App.
  • MENU Technologies AG, based in Switzerland, acting as processor, who licence the App platform to TBJ and who provide technology services in relation to the same.
  • Service providers, based in the United Kingdom, acting as processors, who provide helpdesk / support, IT, system administration and communication services.
  • Professional advisers acting as processors including lawyers, bankers, auditors and insurers based in the United Kingdom and insert countries who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue and Customs, regulators and other authorities, based in the United Kingdom, acting as processors, who require reporting of processing activities in certain circumstances.
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.
  • Details of any other third parties, for example, market researchers, fraud prevention agencies, price comparison sites and so on.
  1. International transfers

Many of our external third parties are based outside the UK so their processing of your personal data will involve a transfer of data outside the UK.

Whenever we transfer your personal data out of the UK, we ensure a similar degree of protection is afforded to it by using specific EU standard contractual clauses which give your personal data the same protection as it has in the UK.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the UK.

  1. Data security

All information you provide to us is stored on our secure servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using firewalls and Secured Sockets Layer technology.

Where we have given you (or where you have chosen) a password that enables you to access certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Once we have received your information, we will use strict procedures and security features to try to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way. Everything is anonymised, encrypted and securely stored.

We will collect and store personal data on your Device using application data caches and browser web storage (including HTML5)

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator when we are legally required to do so.

  1. Data retention

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request by contacting us .

We keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for seven years after they cease being customers.

In some circumstances you can ask us to delete your data: see paragraph 13, “Your legal rights”, below for further information.

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

  1. Your legal rights

Under certain circumstances you have the following rights under data protection laws in relation to your personal data:

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
    • if you want us to establish the data’s accuracy;
    • where our use of the data is unlawful but you do not want us to erase it;

 

    • where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or

 

    • you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

You also have the right to ask us not to continue to process your personal data for marketing purposes.

You can exercise any of these rights at any time by contacting us at info@tommis.is.

  1. Marketing

We will only send you direct marketing communications by email or text if we have your consent. You have the right to withdraw that consent at any time by contacting us.

We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.

  1. Cookies

We use cookies and/or other tracking technologies to distinguish you from other users of the App, the distribution platform (AppStore or Google Play) or Services Sites and to remember your preferences. This helps us to provide you with a good experience when you use the App or browse any of our Sites and also allows us to improve the App and our Sites.

For detailed information on the cookies we use, the purposes for which we use them and how you can exercise your choices regarding our use of your cookies, see our cookie policy linked here.