This Privacy Notice applies to the TouchBistro application, our corporate web site at www.touchbistro.com, our other web properties (e.g., RestoHub) and any other services, applications or other products we may offer (collectively the “Services”).
If you are a restaurant or a staff member with access to TouchBistro account (a “Subscriber”) you should read this Privacy Notice in conjunction with the TouchBistro Terms of Service, which govern your legal and contractual relationship with TouchBistro.
By using TouchBistro Services, you agree to the terms and conditions contained in this Privacy Notice and any other agreement that we might have with you. If you do not agree, you should not use the Services.
TouchBistro Inc. (“TouchBistro”) is headquartered in Canada. We have appointed a Privacy Officer who is responsible for the creation, oversight and implementation of our privacy management program and procedures to protect personal information, for receiving your privacy-related questions and for providing you with information about our privacy practices.
477 Richmond St. W, 10th Floor
Toronto, ONT M5V 3E7
Collection and Use of Personal Information
You may be asked to provide your personal information anytime you are in contact with TouchBistro. We may share this personal information with our affiliates or third party providers for uses that are consistent with the purposes of collection and consistent with this Privacy Notice.
What Personal Information We Collect
Collecting your personal information is necessary so that we can supply you with the Services you have purchased or requested.
TouchBistro collects personal information about Subscribers to fulfill a contract.
- We collect customer personal information directly from customers to create accounts. With some exceptions, the personal information collected is limited to the kinds of information that can be found on a business card: first name, last name, job title, employer name, work address, work email, and work phone number.
- We collect staff information indirectly from customers, who control their own accounts, the collection of staff personal information and the creation of staff accounts.
- When you contact support you might provide additional information necessary for us to provide support services, including testing and diagnostics, and quality control processes around your use of TouchBistro Services.
- Some TouchBistro sales, customer care and support telephone calls are voice-recorded for training, quality and supervision purposes. These recordings are maintained in a secure environment and subject to periodic destruction in accordance with our document and information retention policies and practices.
- Subscribers may provide business-related information to us regarding revenue, sales, discounts, staff and personnel information, resource scheduling, menu and inventory management and related data pursuant to the cloud reporting features of the TouchBistro Services.
TouchBistro ID may also collect a variety of personal information when individuals apply for commercial credit or financing, purchase a product or service, download a software update, use, register for or inquire after our Services or products, or participate in any online survey and submit information to us. Information may include your name, mailing address, account number, phone number, email address, contact preferences, credit card information, your specific services and subscription packages, your use of our Services and associated third-party services, your mobile devices and any additional information you provide.
We collect personal information for marketing purposes through web forms and other forms of electronic communications, including e-mails from prospective and actual clients in relation to the marketing, sales, support, and product delivery process (including for product demonstrations and trials). This personal information is provided to us voluntarily and the purposes for collection will be obvious, for example if you want to access an article or sign up for updates from us.
- You may opt-out of receiving marketing communication by subscribing or unsubscribing at any time. Please note that if you have set your browser to block cookies, this may have an impact on your ability to unsubscribe.
- If you have any difficulties managing your email or other communication preferences with TouchBistro, please contact us at email@example.com.
How We Use Your Personal Information
TouchBistro does not sell the personal information we collect. We share it with affiliates and third parties who are facilitating the delivery of the Services. We use the personal information we collect to:
- To provide you with the Services you have requested or purchased from us.
- To fulfill and support our contractual obligations to you.
- To send important notices, such as communications about purchases and changes to our terms, conditions, and policies. Because this information is important to your interaction with TouchBistro, you may not opt out of receiving these communications.
- With consent, to provide information on TouchBistro’s Services, third party products and services, event invites, special promotions, and blog post updates. If you enter into a contest, special offer or coupon program, or similar promotion we may use the information you provide to administer those programs. Where we rely on your consent to process your personal information, we will keep a record of it and honour your choices.
- To process for our legitimate interests related to the Services, for example to better understand subscriber needs, concerns and interests and develop, deliver, and improve our Services including customer experience, communications and support, content, and advertising and corporate communications so that TouchBistro can operate optimally as a business.
- To process for our legitimate interests related to internal purposes such as auditing, data analysis, network and IT security.
If you apply for credit or financing in respect of our Services or equipment or hardware we may request that you provide us with additional financial and other information in order for us to review and assess your application and we will use that information for that purpose and in order to communicate with third party financing parties, credit and reporting agencies, and similar parties and by providing such information you acknowledge this use and consent to our use of this information in this way.
Reservations and Online Ordering – Sharing Information with Restaurants
When you use our reservation or online ordering system to make a reservation with a restaurant (including making a reservation request) or to make an online order with a restaurant, we provide certain of your information to the restaurant necessary for the restaurant to handle your request, including your name, date and time of your reservation or online order, contact details, and any other information you include when submitting the reservation or online order request. Restaurants with which we share your information may, in turn, share your information with their affiliates and service providers in order to provide you with the best customer experience, in the same way as they might share your information had you reserved or ordered with the restaurant directly. Certain services, including reservation requests and online orders for certain venues, require payment card information. If you provide us with credit or debit card information, or any other payment information, through our service, we may share that information with restaurants, third party payment processors, and other third party service providers, solely to the extent necessary to provide you the relevant services. If you provide us with information about your experience with a restaurant, or any other feedback relating to a restaurant, we may share that feedback with the restaurant.
Collection and Use of Non-Personal Information
We also collect non-personal information, in other words data in a form that does not identify an individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
- Information regarding customer activities and use of our Services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our Services are of most interest, how they are used, and how they can be improved. Aggregated data is considered non-personal information for the purposes of this Privacy Notice.
- Information such as occupation, language, postal code, area code, unique device identifier, location, and the time zone where TouchBistro Services are used so that we can better understand customer behaviour and improve our Services and advertising.
If we do combine non-personal information with other non-personal information such that an individual can be identified, or combine it with personal information, the combined information will be treated as personal information for as long as it remains combined.
To provide location-based services on TouchBistro products, TouchBistro and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your TouchBistro computer or device or other identifiers based on Internet protocol (IP) data.
Unless we have your consent otherwise, this location data is collected anonymously in a form that does not personally identify you and is used by TouchBistro and our partners and licensees to provide and improve location-based products and services. For example, we may share geographic location with application providers when you opt in to their location services. Some location-based services offered by TouchBistro require your personal information for the feature to work and will seek more specific consent from you for us to obtain and use that information.
Consent and Our Relationship with You
We take your privacy concerns and preferences seriously. Where you have contacted TouchBistro and/or registered an interest in receiving information about TouchBistro Services (including pricing or quotations) or have provided your personal information for marketing purposes (including event registration, subscribing to our blog, or content downloads), you have given your consent to receiving communications by phone, e-mail, or otherwise from TouchBistro in response to your inquiries. When you subscribe to TouchBistro Services and establish a commercial and contractual relationship with us, we are required to communicate with you and obtain and maintain associated data and information in order to fulfill our contractual and other legal obligations to you, for compliance, record-keeping and other legal and business purposes, and to provide you with ongoing information about TouchBistro Services and to enhance your ability to use our Services.
Unsubscribe and Withdraw Consent
If you are not a customer of TouchBistro and wish to cease receiving communications from TouchBistro you can click the “unsubscribe” button on communications from TouchBistro or contact firstname.lastname@example.org. If you are a Subscriber and have concerns about communications from TouchBistro or data or information maintained by TouchBistro, please contact email@example.com.
Where we must collect personal information for legal reasons or pursuant to our contract with you, if you fail to provide us with that information or wish us to cease using it then we may not be able to continue to fulfill our contractual obligations. This may require us to cancel a contract or service, in which event you will be notified and may be subject to payments or cancellation fees based on the contract or license terms.
Use of TouchBistro Websites
As is true of most websites, our Services gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, the region or general location where your computer or device is accessing the internet, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and a history of the pages you view. We use this information to understand and analyze trends, to administer the Services, to learn about user behaviour related to the Services, and to gather broad demographic information about our user base as a whole.
TouchBistro has a legitimate interest in understanding how subscribers, visitors and potential customers use its websites. This assists us with providing more relevant Services, with communicating value and with providing appropriate staffing.
Cookies and web beacons
Do not track
TouchBistro tracks users when they cross from our primary website (touchbistro.com) to other properties, as well as when visitors to our website enter through a marketing landing page. We also keep a record of third party websites accessed when a visitor is on a TouchBistro site and clicks on a hyperlink. But we do not track users to subsequent sites and do not serve targeted advertising to them. TouchBistro does not, therefore, respond to Do Not Track (DNT) signals.
Disclosure to Third Parties
TouchBistro shares personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our Services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information and may be located wherever TouchBistro operates.
For example, when you purchase and activate our Services, you authorize TouchBistro and its distributor or carrier to exchange the information you provide during the activation process to carry out service. If you are approved for service, your account will be governed by TouchBistro and its distributor or carrier’s respective terms of service and privacy notices.
It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for TouchBistro to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public safety, disclosure is necessary or appropriate or compelled by law. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.
Protection of Personal Information
TouchBistro takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
TouchBistro Services use Secure Sockets Layer (SSL) encryption and/or other features where personal information is collected. When making online purchases, you should use an SSL-enabled browser such as Safari, Firefox, or Internet Explorer. Doing so protects the confidentiality of your personal information while it’s transmitted over the Internet.
When you use some TouchBistro Services or post on a TouchBistro forum, chat room, or social networking service (if applicable), the personal information you share is visible to other users and can be read, collected, or used by them. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a forum posting, that information is public. Please take care when using these features.
We restrict access to your personal data to those employees who need to know that information to provide the Services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information. We commit to taking appropriate disciplinary measures to enforce our employees’ privacy responsibilities.
Location of Services
We use service providers located outside of Canada to process personal information. Personal information may be stored on the servers of cloud-based service providers located in the United States.
For data subjects in the EU, we will not store or process your information outside of the EU unless we have determined that there is an adequate level of protection and legal safeguards consistent with any applicable EU legislation and regulations.
For more information on where and how long your personal data is stored, please contact the TouchBistro Privacy Officer at firstname.lastname@example.org.
Retention of Personal Information
We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law or our document retention policies and procedures.
If you correspond with us by email, post service, or via any other form of communication, we may retain the correspondence and information contained in it and use it to respond to your inquiry; to notify you of updates or Services that may be relevant to you; or to keep a record of your complaint, request, and the like. If you would like us to remove you from our contact list or exercise your rights related to your personal information, please contact us at email@example.com
TouchBistro has a legitimate interest in maintaining personal information of those who communicate voluntarily with us.
Keeping Personal Information Accurate
TouchBistro makes it easy for you to keep your personal information accurate, complete, and up to date. Subscribers should log in to an account from time to time to review and update the personal information that has been provided or contact us directly.
Data Subject Rights and Access to Personal Information
The European Union’s General Data Protection Regulation and other countries’ privacy laws provide certain rights for data subjects. A good explanation of them (in English) is available on the website of the United Kingdom’s Information Commissioner’s Office.
You may also request information about: the purpose of the processing; the categories of personal data concerned; who else outside TouchBistro might have received the data from us; what the source of the information was (if you didn’t provide it directly to TouchBistro); and how long it will be stored. You have a right to correct (rectify) the record of your personal data maintained by TouchBistro if it is inaccurate. You may request that TouchBistro erase that data or cease processing it, subject to certain exceptions. You may also request that TouchBistro cease using your data for direct marketing purposes.
In many countries, you have a right to lodge a complaint with the appropriate data protection authority if you have concerns about how TouchBistro processes your personal data.
When technically feasible, TouchBistro will—at your request—provide your personal data to you or transmit it directly to another controller.
We make good faith efforts to provide you with access so you can request that we correct your personal information if it is inaccurate or delete the data if TouchBistro is not required to retain it by law or for legitimate business purposes.
Reasonable access to your personal data will be provided at no cost. If access cannot be provided within a reasonable time frame, TouchBistro will provide you with a date when the information will be provided. If for some reason access is denied, we will provide an explanation as to why access has been denied.
If you wish to confirm that Touch Bistro is processing your personal information, or to have access to the personal information that TouchBistro may have about you, please contact us at firstname.lastname@example.org.
TouchBistro acts as a data controller with respect to the information you submit through the use of the Service. However, where TouchBistro is engaged by restaurants to provide them with data processing services, in which case TouchBistro may be a data processor of your information. As a data processor, TouchBistro handles information provided to it by a restaurant according to its instructions, and TouchBistro is not responsible for how the restaurant, as owner or data controller, uses such information.
We do not knowingly collect personal information from individuals under the age of 18. If we learn that we have collected the personal information of an individual under 18 we will take steps to delete the information as soon as possible. Our marketing, sales, and Services are not directed at people under the age of 18.
Third-Party Sites and Services
It’s important to guard your privacy when you are online. Where TouchBistro Services include links to other websites, products and services, this Privacy Notice does not govern those websites, products and services. Whether we have posted those links or other organizations or individuals have, you should read their privacy notices and make an informed decision about whether you want to use those websites, products or services.
Changes and Updates to this Notice
As our Services and company changes from time to time, this Privacy Notice is expected to change as well. We’ll post any changes to this page and, if the changes are significant, we will provide a more prominent notice (including email notification of privacy notice changes for certain Services).
We encourage you to periodically review our Privacy Notice for the latest information on our privacy practices and to contact us if you have any questions or concerns.
Questions, Concerns or Complaints
Please contact the TouchBistro Privacy Officer:
477 Richmond St. W, 10th Floor
Toronto, ONT M5V 3E7
Updated: March 31, 2020