Menumiz Privacy Policy

App users

Updated 20 Aug 2018

 

Privacy

Our commitment to privacy is set out in this section. We collect, use and may disclose personal information on the terms and conditions set out in this Privacy Policy. This includes using your personal data and information to help us improve our products and services and getting in touch with you to let you know about goods, services or promotions that may interest you. Neither we nor you will use or disclose personal information, as defined within the Privacy Act (1998), of other parties unless that use or disclosure is necessary to deliver you our services or to fulfil obligations under this agreement, is otherwise agreed in writing between the parties, or is required by law.

 

Protecting your privacy

Universal Apps Pty Ltd trading as Menumiz (“Menumiz”, “we”, “our”, “us”) is committed to providing you with the highest levels of customer service and to protecting your privacy. We are bound by the Privacy Act 1988 (Cth) (“Privacy Act”), which sets out a number of principles concerning the protection of your personal information known as the Australian Privacy Principles. 

This privacy policy sets out the type of information we collect, how we use it and whom we may share it with. It may be amended from time to time and a current version is available here. This Privacy policy does not include any privacy policy related to the Restaurant (“restaurant”, “bar”, “ café “,”coffee shop”, “Eatery “) you may attend to order Goods (“food”, “Beverage”, “drink”, “tobacco”) or Services, using Menumiz. You may check directly with those places to make sure they will not disclose or abuse your personal information.  

Menumiz privacy policy is limited to the personal information gathered and processed through the system and shall not cover and protect any disclosure or abuse of your personal information which may be accessible by the restaurants or bars directly (e.g. footage from a CCTV in the restaurant or your current order at the restaurant) or any abuse or misuse of your device (e.g. jail broken device, hacked or lost device).

About Menumiz

Menumiz is a platform wholly owned Universal Apps Pty Ltd and is responsible for the Menumiz app, the web based platform or websites. In this statement a reference to “related companies” means Universal Apps Pty Ltd and its subsidiaries, its partners and its third party service providers.

What personal information do we collect?

The personal information we collect and store may include your name, profile picture, date of birth, gender, mobile numbers, email addresses, work-related information, occupation, dietary habits and preferences, allergy information, preferences for using our application and websites (including which pages you have visited and what you have clicked on), driver’s license details, web log, computer, device and connection information, IP, your Menumiz password, and (depending on the service) banking and credit card details. We also hold details of your Menumiz orders, as well as certain details about your personal interests including the name of restaurants or bars you have visited using Menumiz, your search and favourite menu and dishes and also any data result of analysing all above mentioned information as statistics, reports, charts or know-how.  

Menumiz application may use your device location service to collect information about your location in order to assist us in finding you a nearby Menumiz friendly restaurant or bar or fulfilling orders placed via the application or website in order to tailor Menumiz services to you. You may choose to opt out of having Menumiz collect information about your location by turning off the location services feature on your mobile device under Menumiz. However, this may result in Menumiz being unable to provide you with the service (or all parts of the service) offered through the application.

Should you use your Menumiz account to order goods or services for your friends or guests in a restaurant or bar, we treat such order and all related information as your personal order and bear no responsibility against any third party claims.

What information do we disclose to the restaurants about you?

To fulfil our services and to enable the restaurants process and deliver you their goods or services, we may provide the restaurant you are using the Menumiz app in, the following information:

·        Your order details

·        Your name (as per your profile in your Menumiz account – may not be your real name).

·        Your Menumiz profile picture (if any).

·        Your Drinking permission (we inform the restaurant if you are under aged as per your DOB of your profile in your Menumiz account – it is up to them to evaluate and assess your alcohol or tobacco orders)

·        Your dietary preferences (e.g. if you are a vegetarian – this option might not be available in some versions of the app yet).

·        Your previous visits to the same restaurant and history of your previous orders in the same restaurant.

·        Any data about discount coupons you may use or have used at that same restaurant.Any referral or method of referral sending you or recommending you that particular restaurant through the Menumiz app as part of loyalty schemes or our marketing plans or your search in the app (if any).

What information will NOT be disclosed to the restaurants?

We will NEVER disclose the following personal information to the restaurants in any circumstances:

·        Your mobile number

·        Your email address

·        Your date of birth

·        Your gender

·        Your credit card information

·        Your dietary habits

·         Any information related to your orders in other restaurants (in case of chain or franchise restaurants, once you attend one branch, the other branches may have access to your orders processed in their system as well as their HQ is technically capable to monitor or analyse your orders in each branch to improve their services).

·        Your location

·        Your IP

We bear no responsibility should you provide such information directly to the restaurants or in case, the restaurant could have obtained such information through other sources or abusing your device while in a restaurant.

Please remember that technically we do not disclose your credit card information directly to the restaurants to process payment by app. Restaurants by no mean can have access to your card information through our system unless you use your card at the counter to make payment in a conventional method rather than paying by Menumiz app.

What information is available to public?

All your ratings or your comments in the app under the dishes, restaurants or services that you have received in a restaurant, will be available to the public which may include your name as in your profile and your profile picture. In some versions of the app, you may have the option of rating unanimously.

How do we collect personal information?

We collect personal information in a number of ways, including:

Directly from you through our application, platform, websites, via the phone, via application forms or when you download and use digital applications; when you visit a restaurant and use our application.

From other parties (such as your representatives, credit reporting agencies, social media sites, our related companies, our syndication partners);

From publicly available sources;

From organisations identified under (“When do we disclose your personal information” see below);

From your friends or colleagues who are using our services,

From our own records of when you visit us online or where we have an online presence, (such as Facebook, Instagram or Twitter); and 

When we are required by law. 

This is not an exhaustive list of information we may collect or store as it may depend on the service or product being offered. If you don’t provide us with this information, unfortunately we may not be able to provide you with the service you require.

We usually collect personal information directly from you although sometimes we may use agents or service providers to do this for us. We may also get lists and business information that include personal information from other sources, both from other companies and from other public documents.

Why do we use your personal information?

Your personal information may be used to:

·        Verify your identity;

·        Provide our services;

·        Conduct credit checks and to help prevent fraud;

·        Perform research and analysis aimed at improving our products, services and technologies;

·        Help us deliver better services and tailor those services to you;

·        Help us maintain and develop our business systems and infrastructure; and

·        Promote and market services and products to you (sometimes even after you leave us) either by us, or our related companies.

What do we do with your personal information?

We may use a combination of your personal information in order to analyse our system and the restaurants services to improve our services or recommend restaurants how to justify their goods and services to serve you better. The information used may include your age, gender, dietary habits and preferences, history of your orders and visits, locations you visit most, number of orders, date and time of your orders, financial information such as the amount you spend in dining out, the method of your payment or frequency of using such methods. Please remember that we DO NOT disclose such information to the restaurants about particular person. The result of such analysis is a general report on dining out in a restaurant, in a region or in a country.

How do we use your personal information for marketing?

We may use your email address, or app notification to send you marketing materials such as our promotions, news or recommendations. However, you may opt out receiving such contents by email. We never use your mobile number for marketing. However, you may receive SMS as a secure method of sending you PIN codes or some sensitive data only. 

Your colleagues, friends or family may share you our promotions or discount coupons by email, SMS or any other method in social media; in this case, we bear no responsibility on how you receive such marketing materials. 

Should you prefer not receiving notification from the app, please turn off the notification related to Menumiz app from the setting of your device.

When do we disclose your personal information?

We may disclose your personal information to other organisations, but we’ll only do this in relation to us providing our services to you or as otherwise set out in this policy. We take all reasonable steps to maintain the security of your personal information and to protect it from unauthorised disclosures.

 

Menumiz has processes in place that require organisations to adhere to confidentiality obligations to protect your personal information.

These organisations may be based locally or overseas. They may carry out functions for us such as:

·        Customer enquiries;

·        Debugging and fixing errors in the system

·        Fulfilling your orders;

·        Processing payments;

·        Delivering you SMS related to our services

·        Billing and debt-recovery functions;

·        Information technology services;

·        Data verification services;

·        Marketing, telemarketing and sales services;

·        Market research; and

·        Website usage analysis.

·        In addition, we may disclose your personal information to:

·        Your authorised representatives or advisers (when requested by you to do so);

·        Credit-reporting and fraud-prevention organisations;

·        Our related companies;

·        Our professional advisers;

·        Government, regulatory authorities and other organisations, as required by law;

·        Organisations who manage our business and corporate strategies, including those involved in a transfer/sale of all or part of our assets or business and those involved in managing our corporate risk and funding functions; and

·        Our syndication and marketing partners.

When we share your information with a third party, we will require that the third party only use, store and disclose your information in a way that is consistent with this policy.

Your personal information and our related companies

We may share your personal information with our related companies to assist them with their business development and to market their own products and services to you and may continue to do so after you cease acquiring services from us. Our related companies will use and disclose your personal information in accordance with their privacy policies. If you want to know more about our related companies, their areas of business and their commitment to privacy, please contact us as set out below.

About our application, websites, IP addresses and ‘cookies’

When you use our application or visit our websites, our web servers record anonymous information such as the IP, time, date, device and URL of the request. This information assists us to improve the structure of our websites and monitor their performance. Sometimes we also use third parties to analyse this information.

 

We may use ‘cookies’ or an equivalent on various websites and applications. A cookie is a small text file that our websites and applications use to store information on your browser or device. Usually, cookies are used so our websites and applications can remember your preferences and improve your online experience. We also use cookies for profiling purposes to tailor our marketing to users’ interests.

 

Sometimes cookies may collect and store personal information about you. We treat this information in the same way as any other personal information you provide. You can adjust your internet browser to disable cookies or to warn you when cookies are being used. However, if you disable cookies, you may not be able to access certain areas or experience the added features offered with the enablement of cookies.

 

We also collect and manage Internet Protocol (IP) addresses and device identifiers – the unique identifiers on your computer or device. It’s used for the purpose of providing Internet session management and to detect any misuse or fraudulent activities involving our application and websites.

 

Menumiz may use third parties to analyse usage statistics. Such analysis is performed using data collected from our websites and applications. This helps us to personalise and tailor our services to you. 

 

Menumiz may disclose your personal information to social media platforms, such as Facebook or Instagram, in order to serve you and others like you, targeted advertising on these platforms. If you wish to opt out of this advertising, please email us at [email protected] Menumiz may also include digital advertising on its application or websites. To make this advertising more relevant to you, our third party advertising companies or we may collect and use information about visits to our site and to other sites made using your computer or device.

When you use our application or visit our websites, our web servers record anonymous information such as the IP, time, date, device and URL of the request. This information assists us to improve the structure of our websites and monitor their performance. Sometimes we also use third parties to analyse this information.

 We may use ‘cookies’ or an equivalent on various websites and applications. A cookie is a small text file that our websites and applications use to store information on your browser or device. Usually, cookies are used so our websites and applications can remember your preferences and improve your online experience. We also use cookies for profiling purposes to tailor our marketing to users’ interests.

 Sometimes cookies may collect and store personal information about you. We treat this information in the same way as any other personal information you provide. You can adjust your internet browser to disable cookies or to warn you when cookies are being used. However, if you disable cookies, you may not be able to access certain areas or experience the added features offered with the enablement of cookies.

 We also collect and manage Internet Protocol (IP) addresses and device identifiers – the unique identifiers on your computer or device. It’s used for the purpose of providing Internet session management and to detect any misuse or fraudulent activities involving our application and websites.

Menumiz may use third parties to analyse usage statistics. Such analysis is performed using data collected from our websites and applications. This helps us to personalise and tailor our services to you. 

Menumiz may disclose your personal information to social media platforms, such as Facebook or Instagram, in order to serve you and others like you, targeted advertising on these platforms. If you wish to opt out of this advertising, please email us at [email protected] Menumiz may also include digital advertising on its application or websites. To make this advertising more relevant to you, our third party advertising companies or we may collect and use information about visits to our site and to other sites made using your computer or device.

Third party sites

 You may click-through to third party sites from our application or websites, in which case we recommend that you refer to the privacy policy of the third party websites you choose to visit. Menumiz privacy policy applies to the Menumiz application and websites only and Menumiz assumes no responsibility for information and content of third party websites.

How accurate is your information?

We take all reasonable precautions to ensure that the personal information we collect, use and disclose is accurate, complete and up to date. However, the accuracy of that information largely depends on the details you give us. Please let us know if there are any errors and keep us up to date with any changes. You can do this via the ‘Update Profile’ tab of the application.

Access to your personal information and privacy complaints

We take the protection of your privacy very seriously. So if you have any concerns, or you think your personal information is inaccurate or has been handled in a way that doesn’t comply with the Australian Privacy Principles, please send an Email to [email protected] We’ll investigate and respond in writing within 30 days of receiving your complaint.

If we haven’t responded within this time, or you feel dissatisfied with our reply, please contact our office and we’ll let you know who can help.

Deleting your account

You have this option to delete your Menumiz account permanently and remove your records from our system forever. Please remember you may not recover your account or the related data such as history of orders or receipt of payments after you delete your account. We have to keep the fact that some one had used Menumiz to submit orders in a restaurant (including order ID and amount) to maintain the restaurant accounting entries. But there is no way to trace back the order history in a restaurant to reach your deleted account.

Upon deleting your account, all your rating or comments will remain there but under unanimous account without any profile picture.

Please remember to delete your account; you should not have any pending order or pending payment. You may delete your account after clearance of all orders and related settlements.

Further information

You can read more on privacy at the Office of the Australian Information Commissioner website. 

 

To use our services, we assume that you have read, accepted and acknowledged all above mentioned privacy policy. Should you not agree on our terms and policy or are not happy with whole or some part of it, please retrain from using Menumiz app.

 

 

 

 

You must follow any policies made available to you within the Products or Services. Depending on our policythe services available to you might change time to time or vary based on the type of your account with MenumizSome services might not be available in some regions or countries due to technical problems (such as limitation in mobile phone or internet network support ) or legal restrictions ( such as UN, US, EU sanctions ) or restrictions or especial requirements  by local governments on international services.  

Don’t misuse our Products or Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Products or Services only as permitted by law and for the purposes the service is designed for. 

Using our Products or Services does not give you ownership of any intellectual property rights in our Products or Services or the content you access. You may not use content from our Products or Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Products or Services unless we clearly give our consent. Don’t remove, obscure, or alter any legal notices displayed in or along with our Products or Services. 

In connection with your use of the Products or Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. 

 

 

Your Menumiz Account 

You need an account with Menumiz in order to use our Services. You shall create your own Menumiz Account. We acknowledge the owner of the mobile number which the account is registered with as the owner of the account and he/she shall be responsible solely for the account. We assume that the email address and mobile number owners are the same person and access to the email inbox, and reading the SMS sent to the mobile number, is granted , available and possible for you. Nevertheless, we may not verify the Email address always. 

To protect your Menumiz account, keep your payment PIN (if any ) confidential and always keep your mobile phone as  very private and confidential . You are responsible for the activity, request or order that happens on or through your Menumiz account.  

 

Service agreement 

A: By creating an account in Menumiz app you shall agree on the followings: 

  • You shall confirm that you are at least 16 years old and legally capable of forming binding contracts for necessaries. 

  • You shall confirm your age correctly. 

  • You shall declare if you are not allowed to drink alcohol or smoke based on you local law. 

  • You shall provide restaurant with your ID should they ask for proof of your age. 

  • You shall provide us with proof of credit card validity and ownership should we require any documents or image of the credit card used to make payment in Menumiz app. 

  • You shall not use third parties information or impersonate them or identify yourself as third parties. 

  • You shall not use our Products or Services for any other purpose rather than what is permitted by local law and what is granted to you by us. 

  • Selling and offering any other goods rather than meals, food and beverage or tobacco is not allowed in our system. 

  • Selling or offering alcoholic drinks or tobacco to under aged guests ( as per your local law ) is not allowed in our system. 

  • You shall not use VPN to register your account in order to deceive our smart country code look up menu. 

  • You shall agree that you have no objection to receive Emails or SMS  from us regardless of the purpose or contents delivered to you. 

  • You shall agree and confirm that the email address , mobile number  you use to register your account with us belongs to you only and you have full access and control on them at any time. 

  • You shall agree that you are aware and responsible of any order submitted through your account to a restaurant. 

  • You shall agree that you are authorized to use the credit card(s) or PayPal account(s) for making payment should you wish to pay using “pay via app” option ( If Any ) 

  • You shall agree that you are not using a third party or stolen credit card to make payment and in case of any claim or chargeback, you account will be suspended, we will stop providing any service for you all your previous records will be assumed scam or fraud and all the records will be removed from our system. 

  • You shall agree to pay for any order you (or your gustshave submitted to a merchant ( restaurant ) 

  • You shall agree to pay for any tax, service fee, transaction charge occurred in your order as per local law. 

  • You shall authorize us or our agents to deduct relevant charges from your provided credit card/debit card  or PayPal account, in case you choose to pay using the app,  upon submission of your payment request or at any later time in future incase of any discrepancy or miscalculation from our side. ( If Any ) 

 

 

B: by using the app in a restaurant: 

  • You shall acknowledge that running the app and using our service requires reliable Internet and this is your responsibility to get such a service from mobile and telecommunication companies or use a trusted Wi-Fi at your discretion.  

  • You shall acknowledge that to use our system, you need an Android or iOs device and at least 3G network access.  

  • You shall acknowledge that should you wish to have conventional payment methods at cashier (by card or cash), you need to have physical card or cash. You cannot use the app to pay at the counter. 

  • You shall agree to authorize us to charge your credit card for payment when you choose to pay via app option in a restaurant. 

  • You shall agree to settle the restaurant bill before exiting the restaurant. 

  • You shall agree that this is up to the restaurant policy to accept “pay via app “ and also to configure the payment schedule either PAO ( Pay as Ordered ) or PAS ( Pay as Served ) . If you are not sure about it, please ask from an employee in the restaurant about it to avoid misunderstandings. 

C: Indemnity:  

  • You shall agree and acknowledge that Menumiz is just an online management system on cloud, to ease and enhance the services offered by a restaurant to its guests and we have not any role or control on the quality of services or quality of goods and products you may receive or buy from the restaurant.  

  • We do not undertake any responsibility about quality of meals or the services you receive in a restaurant or your overall experience with the restaurant. 

  • You shall agree that according to law, a restaurant reserves the right to refuse selling you alcohol drink or foods having alcohol as ingredients, or tobacco, at their discretion regardless of your age. e.g. if you are very drunk , if out of their trading time as per their license, etc.…. ) 

  • We shall not confirm the availability of a particular meal displayed in our app, as well as accuracy of the information provided by the restaurant about dishes or meals, the quality of photos uploaded by them or the originality of such photos or videos representing the dish. 

  • We shall not guarantee, monitor or evaluate the price asked by the restaurant for its services or goods.  

  • We shall not undertake any responsibility in case of any financial damage or damage to your or your family health result of services you have received in a restaurant e.g. over charged ) or result of the consuming the foods or beverages or tobacco (e.g. food poisoning ) prepared by the restaurant. 

  • You shall agree to avoid using any abusive or offensive words in comments while rating a dish or a restaurant in the app. 

  • You shall agree not to send dummy orders using an image of a QR code. 

  • You shall authorize us to suspend your account at any time in case of any suspicious activity is found or any abuse from the system is reported. 

  • You shall agree and acknowledge that Universal Apps Pty Ltd is authorized to stop service, cancel, suspend account, stop transaction, block access should you fail or disregard terms mentioned above which shall be recognized as  breach of the agreement. 

  • You shall agree to receive SMS or Emails from us time to time on marketing , introducing new offers or inviting you to rate a restaurant, sending you receipt of your payments. 

  • By accepting this terms and conditions, you agree that you have no objection on receiving such emails or SMS. However, you may opt out to receive some part of this contents by email. 

 

D: Our Warranty and limited liability 

 

  • Except for any express warranties set out in these terms and any term implied by law (that cannot be excluded) and Your rights under statutory guarantees provided under the consumer protection laws of Australia, We provide no warranties or guarantees to You (including in relation to the performance of Menumiz).  

  • While We use due care and skill in relation to the provision of Menumiz, neither We nor Our related bodies corporate warrant or guarantee that Menumiz will be continuously available, free from errors or bugs or  omissions or provided to You within a particular time and quality. If We fail to comply with a statutory guarantee (if it applies) or any term of this agreement, then We limit Our liability for that failure (where it is fair and reasonable to do so in respect of a statutory guarantee) to supplying Menumiz again to You. 

  • We are not liable for any loss to the extent that it was caused by You (for example, through Your negligence or breach of contract). You are not liable for any loss to the extent it was caused by Us.  

  • We cannot guarantee security of the app if you use it on an altered device or an untrusted mobile device. An untrusted device is a device which has unauthorised operating system ( e.g jail broken ) not recognized by its manufacturer or has not the latest upadtes recommended by the manufacturer. Also, we cannot guarantee the security of the app should you connect to an untrusted Wi-Fi network.  

  • You may terminate the service and delet your account at any time subject to settlement of any outstanding bill. 

  • These terms and conditions are governed by the laws in force in the State of Queensland, Australia. 

  • This agreement is digitally signed and deemed accepted by you upon selecting the check box when ordering our services.