privacy

Tommi’s Burger Joint – Privacy Policy

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

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.

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

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.

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.

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.

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.

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.

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)

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.

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.

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.

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.

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.

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.

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.

Category: privacy

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