Privacy policy

general

The Restaurant name ("Restaurant", "we", "us", "our") respects the privacy of its users ("user" or "you") and wants you to be familiar with how we collect, use and disclose Personal Information (as defined below) and your rights in relation to that information. This privacy policy (the "Privacy Policy") describes our practices in connection with privacy and the Personal Information that we collect through this website (swish.mycelium.com), the related mobile sites and mobile application(s), and selected other domains (collectively, the "Sites"). Except as indicated below, this Privacy Policy does not address the collection, use or disclosure of information by us or by third parties on any websites other than the Sites.

By accessing and/or using the Sites, you acknowledge that you have read and understand our Privacy Policy and agree to all the terms and conditions of this Privacy Policy. If you do not agree to all the terms and conditions of this Privacy Policy, do not use the Sites.

Users in Europe should be aware that their personal information may be transferred to and stored in the United States. We abide by the Safe Harbor framework agreed to by the U.S. Department of Commerce and the European Union (EU) with respect to Personal Information collected by Mycelium Swish or swish.mycelium.com and transferred to us in the United States.

collection, use and disclosure of personal information

"Personal Information" is information such as a name, postal or email address, telephone number, date of birth, financial information (valid credit card number, type, expiration date or other relevant information), or other data that can uniquely identify you.

In order for you to take advantage of the services provided through the Sites, we may require that you furnish Personal Information or, for business accounts, that your employer furnish Personal Information for you. We and our third party service providers collect your Personal Information when you voluntarily provide it to us or, for business accounts, when your employer provides it to us. Users of the Sites are under no obligation to provide us with Personal Information of any kind, although refusing to do so may prevent the user from using certain Sites' features.

We may also periodically obtain both Personal Information and non-identifying information about you from other affiliated businesses, business partners, contractors and other third parties and add it to your account information or other information we have collected. Examples of information that we may receive include: updated address information, purchase history, and additional demographic information.

We may also offer you the opportunity to log in to the Sites by using credentials you have established with a third party website or application (such as your Google/Facebook etc. account) (“Connected Account”). In such cases, we do not obtain information from these Connected Accounts beyond the information you and the Connected Account service provider provide to us in connection with logging into our Sites.

We and our third party service providers may use your Personal Information and any third party’s Personal Information that you may provide, as applicable:

  • to process your registration on our Sites, including verifying your information to ensure its accuracy and validity.
  • to fulfill your requests (e.g., to allow you to order food and have it delivered to you).
  • to fulfill your purchases (e.g., to process credit card payments in connection with your order).
  • to customize content on our Sites (e.g., the distance to restaurants from your location).
  • to send you important information regarding the Sites, such as certain changes to our terms, conditions, policies and/or other administrative information. Because this information may be material to your use of the Sites, you may not opt out of receiving such communications.
  • to inform you of products, programs, services and promotions that we believe may be of interest to you and to permit you to participate in sweepstakes, contests and similar promotions (collectively, "Promotions").
  • to permit you to refer us to your friends so that we may send them a promotional offer through the Sites. If you wish to use this feature, you may be required to provide us with, and we may use, your friend's name and email address. By using this functionality, you affirm that you are entitled to use and provide us with your friend's name and email address for this purpose. We will not use your friend's Personal Information for any purpose other than to allow a promotional offer to be sent and/or to troubleshoot any issues with respect such promotional offer, unless we disclose such other purpose to you at the time you provide your friend's Personal Information to us.
  • for our internal business purposes, such as data analysis, audits, developing new products, enhancing our website, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns.
  • for purposes disclosed at the time you provide your Personal Information or as otherwise set forth in this Privacy Policy.

gathering, use and disclosure of automatically collected and non-personal information

Non-Personal Information is aggregated information, demographic information and any other information that does not uniquely identify you. We automatically gather from users non-identifying information of the sort that Web browsers and mobile devices, depending on their settings, may make available. That information may include a user's Internet Protocol (IP) address, operating system and browser type, information from referring websites, and the locations of the Web pages the user views right before arriving at, while navigating and immediately after leaving the Sites. We may also identify other software running on the device (but will not collect any content from such software) for anti-fraud and malware-prevention purposes. We and our third party service providers may also aggregate Personal Information in a manner such that the end-product does not uniquely identify you or any other user of the Sites. This aggregated information constitutes Non-Personal Information.

The Non-Personal Information collected about your visits to the Sites may be used by third parties in order to provide advertisements about goods and services of interest to you. These third parties may also set cookies or web beacons to assist with advertisement delivery services. In addition, we reserve the right to share your Non-Personal Information with our affiliates and with other third parties, for any purpose. In some instances, we and our third party service providers may combine Non-Personal Information with Personal Information. If we do combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information hereunder (as long as it is so combined).

cookies and web beacons

A "cookie" is a small file created by a website that is stored in the user's computer on the hard disk and that the user's browser provides to the website each time the user submits a query to the site. Cookies provide a way for the Website to recognize you and keep track of your preferences. We use Cookies to track the Sites' pages that users visit, both to help us improve users' experiences and to help us understand how the Sites are being used. A "Web Beacon" is an object that is embedded in a web page or email that is usually invisible to the user and allows website operators to check whether a user has viewed a particular web page or an email. We, our third party service providers and other third parties may use cookies, web beacons, and other similar technologies to better serve you with more tailored information and to facilitate your ongoing use of the Sites. Users who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before accessing the Sites. You may not decline Web Beacons, however, they can be rendered mostly ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis. Users who refuse cookies assume all responsibility for any resulting loss of functionality.

location information

We may obtain information about your physical location, such as by use of GPS and other geo location features in your device, or by inference from other information we collect. For example, your IP Address indicates the general geographic region from which you are connecting to the Internet.

public forums, ratings and reviews

We and our third party service providers may make available through the Sites certain services (e.g., message boards, reviews about the Restaurant) to which you may be able to post information and materials. Please note that any information you provide in such postings may become public, may be available to visitors to the Sites, may appear on other websites or when general web searches are executed on the subject of your posting. Whenever you voluntarily disclose Personal Information on publicly-viewable web pages, that Personal Information will be publicly available and may be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM YOUR VOLUNTARY DISCLOSURE OF PERSONAL INFORMATION.

information disclosures

The Restaurant and our third party service providers may disclose Personal Information or other information under the following circumstances:

  • By Law or to Protect Rights. When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of the Restaurant, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our agreements or policies, in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
  • Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you. If you prefer not to receive mailings from these providers, you may opt-out by contacting us using the contact information below.
  • Marketing Communications. Unless users opt-out from receiving our marketing materials, we will email users about products and services that we believes may be of interest to them and we will also provide users' email information to third parties, so that those third parties may directly contact users about additional products and services. Even after opting-out, a user may continue to receive marketing emails from third parties to whom we already have provided the user's email information. Users will be responsible for directly contacting such third parties to request cessation of further marketing emails.
  • Third Party Service Providers. We may share your Personal Information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, data analysis, payment processing, website hosting, infrastructure provisioning, IT services, email delivery services, and other similar services. These service providers may have access to Personal Information needed to perform their functions but are not permitted to share or use such information for any other purpose.
  • Business Transfers, Bankruptcy. The Restaurant reserves the right to transfer any or all information, including any Personal Information, in its possession to a successor organization in the event of a merger, acquisition, bankruptcy or other sale of all or a portion of The Restaurant's assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.

third party sites

Except as expressly set forth herein, this Privacy Policy does not address, and neither we nor our third party service providers are responsible for, the privacy, information or other practices of other websites and/or any third parties, including without limitation any of our affiliates and/or any third party operating any site to which the Sites contains a link. We neither own nor control the third-party websites accessible through the Sites. The inclusion of a link to a third party website on the Sites does not imply endorsement of the linked site by us or by our affiliates. Please note that your access and/or use of any third party websites, including by providing any information, materials and/or other content to such sites, is entirely at your own risk.

changing personal information

You may at any time review or change the Personal Information we maintain about you by contacting us using the contact information below. Upon your request, we will deactivate or delete your account and contact information from our active databases. Such information will be deactivated or deleted as soon as practicable based on your account activity and accordance with our deactivation policy and applicable law. We may retain in our files some Personal Information to prevent fraud, to troubleshoot problems, to assist with any investigations, to enforce our agreements and to comply with legal requirements as is permitted by law. Therefore, you should not expect that all Personal Information about you would be completely removed from our databases in response to your requests. Additionally, we keep a history of changed information to investigate suspected fraud with your account.

privacy policy changes

We may, in our sole discretion, change this Privacy Policy from time to time and without prior notice. Any and all changes to the Privacy Policy will be reflected on this page and the date new versions are posted will be stated at the top of this Privacy Policy. Changes to this Privacy Policy will be effective as soon as they are posted, unless a later Effective Date is provided. Users should regularly check this page for any changes to the Privacy Policy. By continuing to access and/or use the Sites after the Effective Date of a revised Privacy Policy, you agree to be bound by the revised Privacy Policy. If you do not agree to the new terms of the Privacy Policy, do not continue using the Sites.

use of the sites by children

Under no circumstances are the Sites directed to and/or intended for use by children under the age of thirteen (13), nor do we knowingly collect Personal Information from individuals under the age of thirteen (13). Such individuals are prohibited from using the Sites and should not provide Personal Information through the Sites.

security

Your personal information is extremely important to us. We use reasonable organizational, technical and administrative measures to protect Personal Information under our control. Your information resides on a secure server that only selected personnel have access to. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. Credit card information is encrypted. Promotional and referral codes are random alphanumeric sequences that are encrypted. In addition to our precautions, it is important that you do not share your password with anyone. Although we try our best to protect your information, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the Website if a security breach occurs. If you have reason to believe that your interaction with us is not secure you must immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below.

disclaimer

Our Sites are hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing our Sites from other jurisdictions, please be advised that you are transferring your Personal Information to us in the United States and, by using our Sites, you consent to that transfer and to abide by the applicable state and federal laws concerning your use of the Sites and your agreements with us.

If you choose to access the Sites, you do so at your own risk, and are responsible for complying with all applicable laws, rules and regulations. Any persons accessing our Sites from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure different from those of the jurisdictions mentioned above may only use the Sites in a manner lawful in their jurisdiction. If your use of our Sites would be unlawful in your jurisdiction, please do not use the Sites.

By using the Sites and submitting any Personal Information, you consent to the transfer of Personal Information to other countries, which may provide a different level of data security than your country of residence provides.

We may limit the availability of the Sites, in whole or in part, to any person, geographic area and/or jurisdiction we choose, at any time and in our sole discretion.

california privacy rights

If you are a user of the Sites and a California resident, California’s “Shine the Light” law (California Civil Code § 1798.83) permits you to request and obtain from us once a year, free of charge, information regarding our disclosure of your Personal Information (if any) to third parties for direct marketing purposes. If this law applies to you and you would like to make such a request, please submit your request in writing to the address provided below.

contacting us

If you have any questions regarding this Privacy Policy, please contact us by email at swish@mycelium.com, or write to the following address. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information and/or other sensitive personal information in your email correspondence with us.

Effective date of these terms: 01.10.2016