FORK THAT PRIVACY POLICY

FORK THAT and our affiliated companies (Eat Montreal Inc./Mange Montréal Inc.) recognizes the need to protect the privacy of the personal information provided by its users. For the purpose of this privacy policy (the “Privacy Policy”), the FORK THAT website (http://www.forkthat.ca) is referred to as the “Website” and the mobile application are collectively referred to below as “the Application”. Collectively, they are referred to as the “Applications.”

This privacy policy identifies the type of information that will be collected, the purpose and use of the collected information, and your rights with regard to the collected information. This Privacy Policy governs how we collect and use your personal information wherever you use our Applications. By accessing the Applications, you are consenting to the collection and the use of your information by FORK THAT, but only to the extent described herein. To revoke your consent, you may contact FORK THAT at info@forkthat.ca. 

DESCRIPTION

The FORK THAT Application is a restaurant search tool that lets you swipe through photos of restaurants around you. It uses geolocation to find these restaurants and an advanced search feature to allow you to find specific kinds of restaurants according to price, neighbourhood, rating and type of cuisine. It also allows you to make reservations and order for delivery through partnering mobile applications, to which you are redirected. No sales transactions take place directly on the Application. The Website is a landing page for downloading the app and joining the newsletter. 

UPDATES

This Privacy Policy may be updated from time to time for any reason. We will notify you of any additions and/or deletions (“Changes”) to our Privacy Policy by posting the new Privacy Policy on the Applications and by informing you via email or text message. Changes will be effective: (i) thirty (30) days after FORK THAT provides notice of the Changes, whether such notice is provided through the Applications user interface, is sent to the email address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Privacy Policy incorporating the Changes, whichever comes first.

PROTECTION OF INFORMATION

We are concerned about safeguarding the confidentiality of your information. We utilize commercially reasonable safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our Application. Please be aware that, although we endeavour to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.

TYPE AND PURPOSE OF COLLECTION

We collect information at various points in the Applications, including personal (“Personal Information”) and non-personal information (“Non-Personal Information”).

NON-PERSONAL INFORMATION

Upon accessing the Applications, certain Non-Personal Information will be automatically collected without your knowledge or consent, such as your IP address, location data (which is anonymous), device information and data and the referring website. We use Non-Personal Information to examine our traffic and to view how our customers use the Applications. This type of information will not allow you to be personally identified although we might be able to associate it with your account. When you log in to the Application you will be asked if you consent to the Application accessing your location. This can be updated at any time in your device settings.

PERSONAL INFORMATION and the GDPR

The Application obtains the information you provide when you download and register the Application. Registration with us is mandatory in order to be able to use the basic features of the Application. When you register with us and use the Application, you generally provide (a) your name, age, phone number and email address; (b) unique identifiers such as user name, account number and password; (c) preferences information such as restaurant interests or communication or marketing preferences; (d) device information and data; (e) reservation and delivery history; (f) Facebook identity; (g) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; and (h) information you provide us when you contact us for help.

We may also use the information you provided us to contact you from time to time for the following reasons: 

i. To send you push notifications or SMS messages when you are using the Applications in relation you use of the services we provide. For example, to remind you of your saved restaurants;

ii. To send you our newsletter provided you have not unsubscribed. You may opt out of such newsletter through using the unsubscribe link or by contacting us at info@forkthat.ca;

iii. To facilitate your service with our affiliated delivery and restaurant reservation applications;

iv. To improve our services to you;

v. To update you on changes to our services or products via our newsletter, including new promotions provided that you have not unsubscribed. You may opt out of such notifications through the unsubscribe link.

AUTOMATICALLY COLLECTED INFORMATION 

In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Application. 

When you visit the mobile application, we may use GPS technology (or other similar technology) to determine your current location in order to determine the city you are located within and display a location map with relevant advertisements. We will not share your current location with other users or partners, except in the instance of when you order for delivery through a partnered app. 

If you do not want us to use your location for the purposes set forth above, you should turn off the location services for the mobile application located in your account settings or in your mobile phone settings and/or within the mobile application. In this case, you will not be able to search for restaurants but will still be able to access your Top 10 list and other non-search features of the Application. 

You can also stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.

DATA RETENTION

We will retain User Provided data for as long as you use the Application and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. 

THIRD-PARTY ACCESS TO INFORMATION

Only aggregated, anonymized data is periodically transmitted to external services to help us improve the Application and our service. We will share your information with third parties only in the ways that are described in this privacy statement.

We may disclose User Provided and Automatically Collected Information:

• as required by law, such as to comply with a subpoena, or similar legal process;

• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request;

• with our trusted services providers who work on our behalf, do not have an independent use of the information we disclose to them, and have agreed to adhere to the rules set forth in this privacy statement.

• If FORK THAT is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.

The Application also contains links and references to other websites and apps. We are not responsible for the collection, use and disclosure of information, or the privacy practices of such websites, and we expressly disclaim any liability relating thereto.

RIGHT TO EXAMINE INFORMATION

You have the right to examine any of your Personal Information that we collect. Should you wish to examine such information, please send us a request at info@forkthat.ca. We reserve the right to charge you a reasonable administrative fee to access your information, as permitted by applicable law. In certain cases, we may not be able to provide you with access to all of your Personal Information (ex: if the information also pertains to the Personal Information of another user).

If you’d like us to delete User Provided Data that you have provided via the Application, please contact us at info@forkthat.ca and we will respond in a reasonable time. 

CONSENT, COOKIES AND SIMILAR TECHNOLOGIES

By using the Application, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. "Processing,” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information.

Cookies store and sometimes track information about your use of a website or application. Some of the cookies used by the Applications are set by us, and some are set by third parties. Most web and mobile device browsers automatically accept cookies but, if you prefer, you can change your browser to prevent that or to notify you each time a cookie is set. 

By blocking or deleting cookies used on the Applications, the user experience may be negatively affected. Essential cookies allow you to navigate and use all the features provided by our Applications. Functional cookies customize elements of the promotional layout and/or content of the pages of the Applications and remember that you have visited us before. This way, we can better provide you with a customized experience (e.g. by remembering your most selected type of cuisine).

Performance cookies collect anonymous statistical information about how you use the Applications (including how long you spend on the Applications) and from where you have come to the Applications. This information does not include Personal Information, although we might be able to associate such information with user accounts once we receive it from the third party.

Advertising and targeting cookies collect information about the pages you visit online. They gather information about the pages that you visit or the functions of the Applications you use, and also other information about other websites that you visit, so as to place you in a “market segment”. This information is only collected by reference to the IP address or unique device identifier that you are using (the applicable cookie identifier) and also can include information about the county and city you are in, together with the name of your internet service provider. This information is then used to place interest-based advertisements on the Applications which it is believed will be relevant to your market segment. Because of this, you may see advertisements for our Applications when you visit other websites.

For more information about this type of interest based advertising, and about how to turn this feature off please visit http://www.youronlinechoices.com/uk/.

GOOGLE ANALYTICS

We use third parties, for example, Google Analytics, to analyze statistical information from users of the Applications. You can understand Google Analytics further here: https://www.google.com/intl/en/analytics/learn/privacy.html and learn about how to manage Google Analytics settings here: https://tools.google.com/dlpage/gaoptout.

INTERNATIONAL TRANSFER

Both Personal Information and Non-Personal Information you submit via the Applications is processed in Canada and transferred by us to third parties mentioned above in Canada and the USA. The countries concerned may not have similar data protection laws to your country. When we transfer your information out of your jurisdiction, we will take reasonable steps to ensure that your privacy rights continue to be protected. By submitting your information to the Applications, you agree to this storing, processing and transfer.

PRIVACY SETTINGS

You can update your privacy settings on your device by setting the ‘Limit Ad Tracking’ and Diagnostics and Usage setting property located in the settings screen of your Apple iPhone or iPad, or by resetting your Android ID through apps that are available in the Play Store. You can also stop information collection by uninstalling the Applications on your device and you can use the standard uninstall process available as part of your device for this purpose.

TERMS OF SERVICE

This Privacy Policy is incorporated into and forms part of the Terms of Service, which outlines the terms and conditions you agree to when accessing and using the Applications. 

PERSONS UNDER 18

We do not use the Application to knowingly solicit data from or market to children under the age of 18. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at info@forkthat.ca. We will delete such information from our files within a reasonable time.

Should you have any questions or comments concerning this Privacy Policy, please us at info@forkthat.ca.