- INFORMATION WE COLLECT AND USE
“Personal information” is data that identifies, relates to, describes, can be used to
contact, or could reasonably be linked directly or indirectly to you. For purposes of this Policy, there
is no meaningful distinction between the terms “personal information” and “personal data.”
Personal Information We Collect Directly From You. As you visit or use our Services,
we collect the following categories of personal information directly from you:
- Personal details (such as your name and birthday)
- Contact information (such as email address, postal address, phone number)
- Account information (such as account settings and passwords)
- Social media data (if you choose to link your themaxhyped
account with a social media account, we may collect personal information such as name, age, gender,
photograph, and other personal information relating to your social media account)
- Billing information (such as credit, debit, or other payment card information, as may be required to
use certain Services)
- Your contacts (such as contact information of people you add to, or notify of, your reservations
through our Services)
- Your preferences (including survey and marketing responses)
-
Photos of you (such as if you add a photo of yourself to your profile, upload photos to a review or
restaurant’s profile, or link your social media account to your themaxhyped account)
- Communications you send us (such as customer support and other requests you make through our
Services and through restaurants and bars)
- Restaurant reviews and content (including reviews, photos, an alias of your choosing that you can
use when submitting reviews, and other information you provide through our Services)
- Promotion information (if you choose to participate in a contest, sweepstakes, or similar campaign,
we will collect any information you provide in relation to such activity, such as photos, images,
captions, or other content, in accordance with the terms provided at that time)
- Other information you may provide (including other information you provide about yourself or others
through our Services or to which you provide us with access via third-party platforms)
You may choose not to provide some of the personal information described above. Please
note, however, that many of our Services require some personal information to operate, so if you choose
not to provide the personal information necessary to operate and provide you with a particular Service
or feature of that Service, you may not be able to use that Service or feature.
We do not proactively collect sensitive personal information, such as health-related
information. However, our Services include text boxes that are designed for you to describe certain
details about your dining preferences that you want us or restaurants and bars to know. Please be aware
that information you freely submit in these boxes may reveal to us or to the restaurants and bars or
restaurant affiliates with which we or they share information (as detailed in the How We Share Your
Information section, below) certain information that may be considered sensitive personal information
under applicable law (for example, about any allergies or dietary restrictions). We do not use this
information for the purpose of marketing or advertising products to you. Sensitive personal information
you voluntarily submit is processed on the basis of your consent, which you may revoke at any time by
contacting us at the details set out in the How to Contact Us
section below.
Personal Information Generated By Us. As you use our Services, we generate certain
personal information about you, including through automatic data collection and by inferences based on
the information we collect about you and your activity. We may automatically collect information about
your interactions with the Services or communications you receive (such as email) using certain
technologies, such as cookies, web beacons and other technologies (see our Cookies and Interest-Based
Advertising Policy for more details). We generate the following categories of personal information about
you:
- Device information. When you visit or use our Services, we automatically collect certain information
about your device (e.g., your mobile device, computer, or tablet), including information about your
hardware and software, device configuration, and nearby networks. Such data may include data about
your device operating systems, browsers, and other software installed on your device; device
identifiers, such as IP address, IMEI number, MAC address, or other device identifier; country of
origin, region and language settings; and information about domain servers and wireless or network
access points near your device.
- Usage and performance information. We also automatically collect personal information about your
usage of the Services, including information about your searches or interactions with features of
our Services; sites or restaurant pages visited; booking path; access times; and performance of our
Services.
- Location information. If you use our Services, we automatically collect generic location information
about you (such as city or neighborhood) or, with your consent, precise geographic location data
from your mobile device when the app is running and when it is not running, depending on the choices
you make when you are asked to consent to our collection of location information. For example, we
may receive this information when you select restaurant search locations, enter your local dining
city in your account profile, when you are in proximity to certain beacons, choose to publish your
location in reviews you leave for restaurants and bars on the Services, or in your comments or other
communications with us. We may use and store this information to provide and improve features of our
Services, for example, to tailor our Services on a needs-based manner to better facilitate your
requests and to provide you with more relevant content about restaurants and bars in your dining
city or cities you visit. Please see the Your Rights and Choices section below for more information
about how to adjust your preferences, including those related to location information.
- Inferences about you. We combine the information we collect, generate, or otherwise obtain to draw
inferences about your preferences and interests in order to provide and personalize our Services and
tailor the offers we and our partners provide to you.
Personal Information We Obtain from Third Parties. We may also receive certain
categories of personal information from third parties, such as third-party websites, applications,
social media networks, and services (which may include publicly-available sources; each of these is a
“third-party platform”), our group companies, restaurants and bars, and other third parties, including
individuals who have added you as a guest to their reservation. If you are an existing themaxhyped customer, we will combine this information with
information we collect through our Services and use and share it for the purposes described below. The
categories of personal information we may obtain from third parties include:
- Your name
- Email address or other contact information
- Social media data, if you connect to our Services using a social media third-party platform or
interact with themaxhyped by liking or commenting on our social
media pages or content, or if any of your social media data is available to the public, we may
receive information from that social media third-party platform or a third-party service about those
interactions and your profile
- Browsing, usage and advertising details, including how you use our Services and/or third-party
websites, applications, and services; and information relating to your interactions with our
advertising and marketing materials
- Purchase Information, including information from point-of-sale devices at certain participating
restaurants and bars (such as items ordered, bill total, and time spent at the restaurant),
information about travel accommodations and bookings you make through our group companies (for
example, if you book a hotel stay through one of our group companies, we may receive the general
location of your accommodations and use that information to provide nearby restaurant
recommendations); or purchase information for other business partners and affiliates, such as food
delivery partners
- Information from restaurants and bars, including information that certain participating restaurants
and bars provide us about guests (for example, if you eat at a hotel restaurant as a hotel guest,
restaurants and bars are able to flag that you are a guest at that hotel, or if you eat at a chain
of restaurants and bars, those restaurants and bars can flag whether you have a loyalty card or
other information about interactions with those restaurants and bars)
- HOW WE USE YOUR INFORMATION
We use your personal information for the following purposes (“Purposes”), to:
- Provide the Services, which includes providing you with the services, products, and functionality
offered through our Services and fulfilling your requests, including but not limited to: making
reservations, reviewing restaurants and bars, paying for services or events, joining waitlists, and
notifying people you add to or notify of your reservations through the Services
- Authenticate your account credentials and identify you, as necessary to log you in to the Services
and ensure the security of your account
- Communicate with you about your account or use of our Services, products, and/or functionality;
respond to, or follow up on, your comments and questions; and otherwise provide customer service
- Send you marketing communications, including communicating with you about services or products
offered by themaxhyped, our group companies, or our business
partners and other marketing communications that we believe you would be interested in, as permitted
by law
- Operate and improve our Services and develop new products and services, including using analytics to
better understand how you use our Services for purposes of product, website, application and service
development and to enhance the user experience
- Show your purchases and bookings made through the websites, applications, and services of our group
companies on your account page
- Process and deliver contest entries and rewards
- Authenticate your credit or debit card account information
- Provide services, products, and information to restaurants and bars, including restaurant groups and
restaurant affiliates.
- Tailor your experience with our Services, such as by making inferences or combining different pieces
of information we have collected about you to suggest restaurants and bars that you may be
interested in or otherwise tailor our Services to you according to your preferences or restrictions.
For example, if you frequently search for or book Italian restaurants and bars or restaurants and
bars with outdoor seating in your home city, we may prioritize Italian restaurants and bars with
outdoor seating in your search results when you look for reservations in another city.
- Provide you more relevant advertising on and off our Services, including showing you personalized
offers on and off our Services. For example, if you frequently search for or book reservations at
Italian restaurants and bars in a particular city, we may display advertising for a local Italian
restaurant to you on our Services or work with our business partners to display advertisements for
local Italian restaurants and bars to you on other websites you visit.
- Protect against, investigate, and deter fraudulent, unauthorized, or illegal activity.
- Comply with our policies, procedures and legal obligations, including complying with law enforcement
or government authority requests, addressing litigation-related issues, and exercising rights or
obligations conferred by law.
- As otherwise consented to by you and as required or permitted by applicable law. If you give your
consent to any further use of personal information, you can withdraw that consent at any time by
contacting us using the details set out below.
You have choices about your personal information, and in some circumstances, you may
have the right to opt-out or object to our uses of your personal information for these Purposes. For
more information, or to exercise these or other rights (where available), see the Your Choices and
Rights section below.
Electronic Communications. Consistent with the above Purposes and as permitted by
applicable law, we may communicate with you via electronic messages, including email, text message, or
mobile push notification to:
- Send you information relating to our products and Services. This may include reservation and
waitlist confirmations, reminders and updates, receipts, technical notices, updates, security
alerts, and support and administrative messages.
- Send you marketing communications. In other situations, subject to the Your Choices and Rights
section below and applicable law, we may communicate with you about contests, offers, promotions,
rewards, upcoming events, and other news about products and Services offered by themaxhyped, our group companies, restaurants and bars, and other
business partners.
With your consent, where required, we may contact you at the mobile phone number that
you provide to us by way of direct dial calls, autodialed and prerecorded message calls, text messages
and push notifications in connection with the above Purposes.
Our Role as Data Controller and Data Processor. For purposes of European Union law and
similar data protection regimes, we generally act as a data controller, meaning we determine the
purposes and means of processing your personal information through our Services. Under certain themaxhyped programs, however, restaurants and bars may engage us to
provide them with certain processing services related to information owned or controlled by the
restaurant. We seek assurances from restaurants and bars that they will process information in
accordance with applicable laws, but we are not responsible for any restaurant's use of information
(including information used by its affiliates and service providers) for which it is an owner or
controller. To learn more about how a restaurant may use such information, you should review its privacy
notice.
Processing Bases and Consequences. When we process your personal information, we rely
on the following legal bases:
- Performance of the contract we have with you (such as if you use our Services to make a restaurant
reservation, we will use your information to carry out our obligation to complete and administer
your reservation by sharing your information with the appropriate restaurant).
- Compliance with legal obligations to which we are subject (such as tax obligations, and when we are
obliged to comply with lawful requests from competent authorities such as law enforcement).
- To serve our legitimate interests (such as tailoring your experience with our Services, carrying out
online advertising, and for fraud detection), provided that such processing does not outweigh your
rights and freedoms. The processing may also be pursuant to other applicable legal bases for data
processing especially provisions set out under local law.
Where we use personal information to meet our legitimate interests, we take steps to
ensure that your rights with respect to your personal information are not infringed. You can contact us
using the details set out in the How to Contact Us section below for more information about the steps we
take to ensure these rights are not infringed. You also have the right to object to such processing as
described in the Your Choices and Rights section below.
- Consent. To the extent that a legal ground described above would not apply to processing of your
personal information by us, we will seek your consent for such specific purpose in accordance with
applicable law (such as sending direct marketing messages by electronic means, like email, without
an exception from the requirement to obtain consent).
Aggregate Information. We aggregate personal information collected directly from you,
information generated about you by us, and information obtained from third parties (with your consent,
where required) with personal information collected about other users in order to produce general
statistics that cannot be linked to you or any other specific user. Information that has been aggregated
and de-identified is no longer considered “personal information” and may be subsequently used for any
purpose.
Anonymized Information. We may process information that cannot be linked to you or any
other specific user using any means available to us, either because it was collected anonymously or has
been subsequently anonymized. Information that is anonymous or has been anonymized is no longer
considered “personal information” and may be subsequently used for any purpose.
-
HOW WE SHARE YOUR INFORMATION
We disclose the personal information we collect (or otherwise generate or obtain) as
follows:
- With Restaurants and Bars affiliates. We share your information with restaurants and bars and their
affiliates to provide the Services (such as connecting guests with restaurants and bars to make an
online reservation and sharing your dining activity and history, preferences, requests,
restrictions, and other information with the restaurant) and for the restaurant or restaurant
group’s own purposes, which may include marketing or advertising purposes (see below for more detail
on Sharing with Restaurants and Bars Affiliates).
- With our group companies. We share your information with our group companies, including but not
limited to for the Purposes described above, to provide you with integrated products and services,
and for our and their marketing purposes (see below for more detail on Sharing with Our Group
Companies).
- With other business partners. We share information with other third-party business partners for
their own marketing purposes, including sharing with online advertisers or advertising technology
(“ad tech”) companies to provide you with targeted advertising and marketing communications, where
permitted under law (see below for more detail on Sharing with Our Business Partners).
- With social networking services. We share (or facilitate your sharing of) your information with
social networking services when you use our Services to connect and share your information publicly
or with friends, or when you use our Services to connect with us on, share on, or use third-party
social networking platforms and services (see below for more detail on Sharing with Social
Networking Services).
- Third-party services or applications you use to log into your account. If you use a third-party
service or application (e.g., Facebook) to log into your themaxhyped account, we share certain personal information with
that third party, such as your name and email address.
- Reviews you submit. If you provide us with a review of your restaurant reservation, you authorize us
to publish it on all our Services under the screenname you provided, to aggregate your review with
other reviews, and to share it with restaurants and bars.
- Messages and other communications you submit to restaurants and bars. If you submit a message or
other communication to a restaurant through our Services, you authorize us to share your message or
communications with the relevant restaurant and bar, and you authorize the restaurant and bar to
respond to you through our Services.
- To process payments. We require credit or debit card information to make payments at certain
restaurants and bars, to secure your reservation, purchase tickets to events, or purchase other
products or services, in which case we share your payment information with restaurants and bars,
third-party payment processors, and other third-party service providers (such as fraud detection
services) (see below for more detail and additional terms regarding Sharing to Process Payment
Information).
- With other service providers. We share information with third-party vendors, consultants, and other
service providers who perform services or functions on our behalf (see below for more detail on
Sharing with Other Service Providers).
- In the event of a corporate transaction. We may disclose or transfer your information to a third
party if we sell, transfer, divest, or disclose all or a portion of our business or assets to
another company in connection with or during negotiation of any merger, financing, acquisition,
bankruptcy, dissolution, transaction, or proceeding.
- To protect rights and property. We may disclose your information to third parties when we believe in
good faith that disclosure is necessary to protect our rights, our property, the integrity of the
Services, personal safety, or the interests of you or any other person, and to detect, prevent
and/or otherwise address fraud, risk management, security or technical issues.
- To comply with and as required by law. We may disclose your personal information to government
authorities or other relevant third parties in order to comply with applicable legal requirements,
judicial proceedings, court orders, legal process, or lawful requests from governmental authorities.
- Aggregate information. We share aggregate statistical data for the improvement of our Services. We
may also share aggregate or de-identified information with third parties at our discretion.
- At your request. We also share your information as directed or requested by you, or subject to your
consent.
In some circumstances, you may have the right to opt-out or object to our sharing of
your information with certain third parties. For more information, or to exercise these or other rights,
see the Your Choices and Rights section below.
Sharing with Restaurants and Bars’ Affiliates as a controller of your personal
information. When you make a request through our Services or through a restaurant or bar, such as a
restaurant and bar reservation, joining a restaurant waitlist, making a payment to a restaurant and bar
through our Services, or if you are a guest of the person making the request, we necessarily provide
certain categories of your information to the restaurant or bar to facilitate that request. For requests
to dine, this information may include your name, profile, time and date of visit, party size, your phone
number, your dining preferences, guest information, any special requests, information or comments that
you choose to submit (if any), and your email address. Your information is provided to the restaurant or
bar, just as it would be if you contacted the restaurant or bar directly. If you provide a mobile phone
number in connection with your request, restaurants or bars may send you text messages regarding your
request. Some restaurants and bars also require you to provide credit or debit card account information
to secure your reservation.
We also share with restaurants and bars summary reports of feedback from guests. If
you provide comments about a restaurant or bar through our Services, these comments may be shared with
or may be accessible by that restaurant or bar, and they may respond to you. We will not tie your
comments with other information that can identify you directly, but a restaurant may be able to tell who
you are from your comments, particularly if you give your name in the comments or provide contact
information, such as an email address.
Sharing with Restaurants and Bars Affiliates as a processor or service provider on
their behalf. We act as a processor or service provider for Restaurants and Bars Affiliates in certain
circumstances as described above. In providing these services, we may, at the direction of the
restaurant or bar, share certain of your information with the restaurant’s or bar’s affiliates (such as
affiliated brands) or other entities associated with the restaurant or bar under themaxhyped’s programs for the following purposes:
- Customized services: restaurants and bars may share your information (such as meal or seating
preferences or special occasions) with their restaurant affiliates and restaurant group to enhance
the hospitality the restaurant group provides you when you dine with them (such as trying to seat
you by a window, if you previously expressed a preference for window seating).
- Operations & Service Improvements: to support operations, improve the restaurant’s table and
shift planning, improve their hospitality services, including supporting a loyalty program you have
chosen to participate in.
- Marketing: as permitted by applicable law, to perform analytics and tailor marketing to you.
- DATA SECURITY
We take precautions to protect your information. When you submit sensitive information
via the Site, your information is protected both online and offline. Whenever we collect sensitive
information (such as credit card data), that information is encrypted and transmitted to us in a secure
way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking
for “https” at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also
protect your information offline. Only employees who need the information to perform a specific job (for
example, billing or customer service) are granted access to personally identifiable information. The
computers/servers in which we store personally identifiable information are kept in a secure
environment.
- CHANGES TO THIS PRIVACY POLICY
It is our policy to post any changes we make to our privacy policy on this page. If we
make material changes to how we treat our users' personal information, we will notify you by email to
the primary email address specified in your account and/or possibly through a notice on the Site. The
date the privacy policy was last revised is identified at the bottom of the page. You are responsible
for ensuring we have an up-to-date active and deliverable email address for you, and for periodically
using our Services and this privacy policy to check for any changes.
- QUESTIONS AND CONTACT INFORMATION
If you have any questions about this Privacy Policy, or would like to access, correct,
amend or delete any personal information we have about you, register a complaint, or simply want more
information, you may contact our Legal Department at:
Empire Mindz LLC
P.O Box 230432
New York,New York 10023
or info@themaxhyped.com.