Effective Date: June 8th, 2021

Privacy Policy

Menu Enterprises, LLC, (“Menu”, "us", "we", or "our") cares about how your personal information is used and shared. We take your privacy as consumer very seriously. We operate the website, Menu.com, and the Menu mobile application that connects you to restaurants and other food and beverage providers (each and collectively the "Services"). The terms “you,” “your,” and “yours” refer to the user/customer using the Services.

Please read the following to learn more about our Privacy Policy. By accessing the Services in any manner, you agree and acknowledge that you accept the terms of this Privacy Policy and you expressly consent that we may collect, use, and share your information in accordance with this Privacy Policy.

By using the Services, you are at all times subject to the Menu Terms of Service, which hereinafter incorporates this Privacy Policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the meanings as given to them in Menu ToS.

Collection and use of PII and other information

This Privacy Policy informs you of our policies regarding the collection, use and disclosure of PII or personally identifiable information ("PII") when you use our Services, or that is provided to us with your consent by participating merchants (“Merchant's”), but not to the practices of other companies or institutions we don't own or control, or people that we don't manage. We recommend you review our participating Merchants' privacy policies, guidelines, and rules when accessing any of their services, including their personal website and/or mobile applications.

We gather various types of PII from our users, as explained in more detail below, and we use this PII only in connection with our Services, including to personalize, provide, promote, and improve our Services, to allow you to set up a user account and profile, to contact you and to eventually allow other users to contact you, to fulfill your requests order food and beverages from Merchant's, and to analyze how you use the Services. In certain cases, we may also share some PII with third parties, but only as described herein.

A Note About Children. We do not knowingly collect or solicit PII from anyone under the age of 13. If you are under the age of 13, please do not attempt to register for the Services or send any PII about yourself to us. If we learn that we have collected PII from anyone under the age of 13, we will delete that PII as quickly as possible. Only persons age 13 or older have permission to access our Service. If you learn that someone under the age of 13 may have provided us with PII, please contact us at [email protected]. Notwithstanding anything to the contrary herein, please also note that If alcohol is included as part of your order, it is the responsibility of the Merchant and the Third-Party Delivery Companies to verify identification and age, and to determine whether it is otherwise safe and appropriate to furnish you with alcohol. At all times, someone 21 or older must be present to accept and sign for an alcoholic beverage.

A Note To Users Outside Of The United States. We are based in the United States. By using or accessing the Services or otherwise providing information to us, you consent to the processing, transfer, and storage of such information, including your PII, in and to the United States, where laws regarding processing of PII may be less stringent than the laws in your country of residence.

Why are we allowed to collect your PII and how do we use the PII?

We will only process PII where we have a lawful reason for doing so. The lawful basis for processing PII by us will be one of the following:

• The processing is necessary for the creation of an account by you and to provide Services at your request;
• We are acting as a data processor for a Partner who has represented to us that they have authorization to provide your PII to us for processing under the terms of our contracts;
• The processing is necessary in order for us to comply with our legal obligations (such as lawful subpoena requests or responding to copyright disputes);
• The processing is necessary for the pursuit of our legitimate business interests (including that of the delivery and the promotion of our Services);
• Processing is necessary for the establishment, exercise, or defense of legal claims; or
• You have given us consent to the processing of your PII for one or more specific purpose, including, but not limited to:
  • Provide, maintain and improve our Services;
  • Send you technical notices, updates, security alerts, support and administrative messages;
  • Respond to your comments, questions and requests and provide sufficient customer service;
  • Communicate with you about products, services, and offers offered by us and others, and provide news and information we think will be of interest to you (you may unsubscribe to such offers at any time by emailing [email protected]);
  • Monitor and analyze trends, usage and activities in connection with our Services;
  • Personalize and improve the Services and provide content or features that match user profiles or interests;
  • Link or combine with information we get from others to help understand your needs and provide you with better service;
  • Publish information and user submissions you have provided based on your account settings in the Services; and
  • Carry out any other purpose for which the information was collected, and you were informed.

What Information do we collect?

We receive and store any information you knowingly provide to us. If you contact us via e-mail or set up an account, we may collect your name, phone number, home address, e-mail address, specifics about an order placed through our Services, as well as any other content (including Materials) included in the e-mail, in order to send you a reply. When you email Us or post messages through our Services, the information contained in your posting will be stored on our service provider's servers.

Information Collected Automatically

Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your internet protocol (“IP”) address, geolocation data, device identification, the type of browser and/or device you're using to access our Services, and the page or feature you requested.

We may use third parties to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of the Services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by Menu and others to, among other things, analyze and track data, determine the popularity of certain content, customize the Services, deliver content targeted to your interests on our Services and other websites and better understand your online activity.

For example, we use Google Analytics, a web analytics service provided by Google LLC. ("Google Analytics"). Google Analytics uses cookies to helps us analyze how users use the Services and enhance your experience when you use the Services. For more information on how Google Analytics uses this data, go to https://policies.google.com/privacy. Our Merchant's may also transmit cookies to your browser or device, when you click on advertisements or items that appear on the Services. If you click on a link to a third-party website or service, a third party may also transmit cookies to you. Again, this Privacy Policy does not cover the use of cookies by any third parties, and we aren't responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device. For clarity, we use additional analytics tools as well and if you email us, we would be happy to provide you a list.

We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.

Information Collected from Other Websites and Do Not Track Policy

Through cookies (small text file that is stored on a user's computer for record-keeping purposes such as site visitation) we place on your browser or device; we may collect information about your online activity after you leave our Services. Just like any other usage information we collect, this information allows us to improve the Services and customize your online experience, and otherwise as described in this Privacy Policy. Your browser or device may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information while you are using the Services.

Will Menu share any of the PII it receives?

We do not rent or sell your PII in personally identifiable form to anyone, except as expressly provided herein.

Sharing Information with Merchant's, Third-Party Delivery Companies, and other Users: We may share PII provided in your account or on your linked website, including but not limited to your name, address, mobile phone number, food and beverage order, with Merchant's and Third-Party Delivery Companies (collectively “Partner”), among others, in order to fulfill the Services. Additionally, our Merchant's and Third-Party Delivery Companies may use that information from your account to target particular communications or offers to you, and by providing such information you consent to receive such communications from Merchant's and Third-Party Delivery Companies, although you may unsubscribe or opt-out at any time directly with the Partner and by contacting us at [email protected]. For example, our Merchant's may use the information we provide to determine whether certain users of Menu may be a good fit for coupons or future food and beverage items.

You understand that when you use the Services, your profile and other information may be shared with other users and/or Merchant's that you indicate and may be viewable on publicly available areas of the Services, depending on your applicable privacy settings. Merchant's and Third-Party Delivery Companies may send you direct messages, emails, nudges, push notifications, and chat services. For more information about how privacy settings work, please see the section titled "User Profiles and Submissions; Privacy Settings" below.

Information that's been de-identified: We may de-identify your PII so that you are not identified as an individual and provide that information to our Merchant's. We may also provide aggregate usage information to our Merchant's (or allow Merchant's to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.

Affiliated Businesses: In certain situations, businesses or third-party websites we're affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your PII with that affiliated business only to the extent that it is related to such transaction or service you have requested. One such service may include the ability for you to automatically transmit third party account information to your Services profile or to automatically transmit information in your Services profile to your third-party account. We have no control over the policies and practices of third-party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business' or websites' policies.

Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you. Unless we tell you differently, our agents do not have any right to use the PII we share with them beyond what is necessary to assist us based on our instructions.

User Profiles and Submissions; Privacy Settings: Certain user profile information, including your name and location that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services.

Our Services are designed, among other things, to help you share information. If you have a profile on our mobile application, most of the information you provide us through the Services is information you are asking us to make accessible. When you share information or content via the Services, you should think carefully about what you are making accessible.

Business Transfers: We may choose to buy or sell assets and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, PII could be one of the assets transferred to or acquired by a third party.

Protection of Menu and Others: We reserve the right to access, read, preserve, and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of Menu, our employees, our users, or others.

Legal Disclaimer. We reserve the right to disclose your PII as required by law and when we believe that disclosure is necessary to protect our rights (or those of our Website users) and/or to comply with a judicial proceeding, court order, or legal process served on our Website.

Social Media (Features) and Widgets. Our Web site may include Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features are governed by the privacy policy of the company providing it.

Text Messages/SMS: We may seek to communicate with you at times by phone either through in-app notifications or by calls, including text messages, if we have been provided with your mobile phone number regarding the Services, including order updates. If you register and submit your mobile phone number to us, you consent to receive text message alerts from us containing product and service information or promotions that may be sent using automated dialing systems. Text messages may also include information or promotions from Merchant's you have expressed an interest in directly or while using Services. We may send approximately two (2) text messages each month but the number of messages you receive depends on the number of information requests. Your provider's standard message and data rates may apply. You may elect to stop receiving text messages at any time by contacting us at [email protected] and it will not affect your ability to use any other Services or features.

Announcements. We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.

Customer Service. Based upon the PII you provide us, we may send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries regarding our Services, to provide the services you request, and to manage your account, including processing food and beverage orders. We will communicate with you by email.

Updating Personally Identifiable Information. If your PII changes, or if you no longer wish to use our Services, you may update or deactivate it by making the change on in your account settings page, by emailing our Customer Support at [email protected], at the contact information listed below. We will aim to respond to your request within 30 days.

Data Retention

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to terminate your account or request that we no longer use your information to provide you Services, contact us at [email protected] or submitting a request on our mobile app. We will continue to retain and use your information as necessary to comply with or legal obligations, resolve disputes, and enforce our agreements.

Sale of Assets

Menu may transfer its database and Services, including personal information contained therein, to a third party who acquires all or substantially all of the assets or stock of Menu Enterprises LLC whether by merger, acquisition, reorganization or otherwise.

Security

The security of your PII is important to us. We endeavor to protect the privacy of your account and other PII we hold in our records, but unfortunately, we cannot guarantee completely security. We follow generally accepted industry standards to protect the PII submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your PII, we cannot guarantee its absolute security. It is your responsibility to protect the security of your login information. Finally, the servers for the website are stored in a physically secured, offsite facility. Beyond the physical security of your information, Menu also backs up servers regularly to prevent loss of data.

What PII can I access?

Through your account settings, you may access, and, in some cases, edit the following information you've provided to us:

• name and password
• email address
• shipping address
• user profile information, including images you have uploaded to the site

Please note that we do not collect any financial information (e.g.; credit card information, accounting numbers, routing numbers, etc.) as part of the Services that Menu provides. Any payments made or due, to you, as part of the Services are doing through a third party payment processor such as Braintree Payment Solutions LLC or Global Electronic Technology. Subsequently, Menu is not subject to compliance with PCI standards. However, Menu acknowledges that credit card information may be provided by you during the performance or use of the Services and therefore Menu shall use information data security controls that are in compliance with PCI standards. Never share your financial information with us or a third-party if you do not feel comfortable doing so. If you have any questions, please reach out to us.

The information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information, we have on file about you, please contact us at [email protected].

California Residents

This section is only applicable to you if you are a resident of the state of California in the US (“California Residents”) and only applies to personal information for which Menu is a “Business” (as defined in the CCPA), but does not apply to personal information we collect from you in the course of our provision of services to you where you are an employee, owner, director, officer or contractor of a company, partnership, sole proprietorship, non-profit or government agency. It applies to personal information we collect from California Residents on or through our Services and through other means (such as information collected offline or in person).

We collect personal information directly from you (either directly or through a third-party service), automatically through your use of the Services, and from third parties such as business partners, service providers, and payment processors.

We collect personal information for the following business purposes: (i) providing the Services (including without limitation maintaining your Account, processing and fulfilling orders); (ii) providing customer support for the Services; (iii) operating the Services (including without limitation managing third party relationships and enabling usage of our service providers); (iv) communicating with you; (v) customizing the Services; (vi) securing and protecting the Services (including without limitation auditing the Services, bug and fraud detection, debugging and repair of errors and the detection, protection and prosecution of security incidents or illegal activity); (vii) enforcing our terms and policies; (viii) complying with law; (ix) verifying your identity; and (x) other business purposes about which we may notify you from time to time.

We collect personal information for uses that advance our commercial or economic interests such as: (i) promoting and advertising the Services; (iii) customizing the Services; (iv) improving our Services; (v) communicating with you about relevant offers from third parties; and (vi) other commercial purposes about which we may notify you from time to time.

Subject to certain exceptions and restrictions, the CCPA provides California Residents the right to submit requests to a business which has collected their personal information: (i) to provide them with access to the specific pieces and categories of personal information collected by the business about such California Resident, the categories of sources for such information, the business or commercial purposes for collecting such information, and the categories of third parties with which such information was shared; and (ii) to delete such personal information (each, a “California Request”). We need certain types of information so that we can provide our Services to you. If you ask us to delete some or all of your information, you may no longer be able to access or use the Services.'

If you are a California Resident, please follow the instructions in this section to submit California Requests and please make sure you note that you are a California Resident when you do so. California Residents may designate an authorized agent to make California Requests on their behalf. In order to designate an authorized agent to make a California Request on your behalf, you or your agent must provide proof that the agent has been authorized by you to act on your behalf, such as written authorization signed by you authorizing that agent to act on your behalf. We reserve the right to request additional information from you and/or individuals purporting to be authorized agents, such as when we suspect fraud.

Do not sell my personal information

California residents may opt out of the "sale" of their personal information. The CCPA broadly defines "sale" in a way that may include allowing third parties to receive certain information such IP addresses and/or browsing behavior to add to a profile about your device, browser or you. Such profiles may enable delivery of interest-based advertising by such third parties within their platform or on other sites.

Depending on how you use the Services, we may share the following categories of information for such interest-based advertising which may be considered a sale (as defined by the CCPA): identification and demographics; device information and identifiers, such as IP address and unique advertising identifiers and cookies; connection and usage information, such as browsing history or app usage; and inference data.

If you would like to opt out of Menu's use of your information for such purposes (to the extent this is considered a sale), you may do so within the Services.

You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Menu does not discriminate against California Residents for exercising their rights.

If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us at [email protected] with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A.

What choices do I have?

You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.

You may be able to add, update, or delete information and adjust your privacy settings as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records for legitimate business and legal purposes. You may request deletion of your account by contacting us at [email protected] but note that we may retain certain information as required by law or for legitimate business purposes. We may use any aggregated data derived from or incorporating your PII after you update or delete it, but not in a manner that would identify you personally.

Your rights in relation to PII and how to exercise them

Under certain circumstances you may have the following rights:

• the right to ask us to provide you, or a third party, with copies of the PII we hold about you at any time and to be informed of the contents and origin, verify its accuracy, or else request that such information be supplemented, updated or rectified according to the provisions of local law;
• the right to request erasure, anonymization or blocking of your PII that is processed in breach of applicable law;
• the right to object on legitimate grounds to the processing of your PII. In certain circumstances we may not be able to stop using your PII, if that is the case, we'll let you know why; and
• withdrawal of consent – when PII is processed on the basis of consent an individual may withdraw consent at any time (this may apply to processing of special categories of PII where you have instructed us to act on your behalf and includes the following: racial/ethnic origin, political opinions, religious or philosophical beliefs and trade union membership). In the event that you no longer want to receive any marketing material from us, please use the unsubscribe option (which is in all of our marketing emails to you) or contact us at [email protected].

Changes in the Privacy Policy

If we decide to change our privacy practices, we will post those changes to this Privacy Policy, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

We reserve the right to modify this Privacy Policy at any time, so please review it frequently. If we change how we use your personally identifiable information, we will notify you here, by email, or by means of a notice on our home page. Any material changes to this Privacy Policy will be effective upon the earlier of ten (10) calendar days following our dispatch of an e-mail notice to you or ten (10) calendar days following our posting of notice of the changes on our Website and/or mobile application. These changes will be effective immediately for new users of our Website and mobile application.

Questions

Any questions about this Privacy Policy should be addressed to: [email protected].