BACKGROUND:
In this Notice, unless specified otherwise, words and phrases shall have the same meanings as specified in our Terms and Conditions which can be viewed here.
RESTAURANTDIARY.COM LIMITED, incorporated in Scotland (Registered No. SC258100) with its registered office at 36 Renfield Street, Glasgow, Scotland, G2 1LU and/or its Affiliates (as the case may be) (“ResDiary”, “We”, “Us”, “Our”) understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of Customers and will only collect and use Personal Data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
Please read this Privacy Notice carefully and ensure that you understand it. You will be required to read and accept this Privacy Notice when signing up for an Account. If you do not accept and agree with this Privacy Notice, you must stop using Our Services immediately.
1. Definitions and Interpretation
In this Notice, the following terms shall have the following meanings:
| “Affiliate(s)” | means an entity which controls, is controlled by, or is under common control with, a party, and control means the ability to vote 50% or more of the voting securities of any entity or otherwise having the ability to influence and direct the policies and direction of an entity; |
| “Account” | means an account required to access and/or use Services; |
| “Cookie” | means a small text file placed on your computer or device by Our Services when you visit certain parts of Our Services and/or when you use certain features of Our Services. Details of the Cookies used by Our Services are set out in section 12, below; |
| “Cookie Law” | means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 |
| “Personal Data” | means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means Personal Data that you give to Us via Our Services. This definition shall, where applicable, incorporate the definitions provided in the Privacy Legislation; and |
| “Privacy Legislation” | means (1)in relation to the Commonwealth of Australia, the Australian Privacy Act 1988 and (2) in relation to the European Union, the Privacy Legislation and laws implementing or supplementing the Privacy Legislation; and Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector in the European Union; and (4) in respect of the United Kingdom, the UK Privacy Legislation and the Data Protection Act 2018 in each case, as may be amended, superseded or replaced and all applicable laws and regulations relating to the processing of Personal Data and privacy in the European Union and the United Kingdom and the Commonwealth of Australia and all other applicable laws, rules and regulations and, where applicable, guidance and codes of practice issued by any relevant data protection supervisory authority or authorities relating to the Processing of Personal Data and data privacy or data protection that may exist in any relevant jurisdiction. |
2.Information About Us
1 Our VAT number is GB108221356.
2 Our ABN is 89 647 639 807.
3 Our ICO Reference Number is ZA865655.
4 Our Data Protection Officer is Scott Simpson and can be contacted by email at dpo@resdiary.com, or by post at 36 Renfield Street, Glasgow, G2 1LU.
3.What Does This Notice Cover?
This Privacy Notice applies only to our use of data gathered by Us in your use of the Services.
4. Your Rights
1 As a data subject, you have the following rights under the Privacy Legislation, which this Notice and Our use of Personal Data have been designed to uphold:
4.1.1 The right to be informed about Our collection and use of Personal Data;
4.1..2 The right of access to the Personal Data We hold about you or your employees (see section 11);
4.1.3 The right to rectification if any personal data We hold about you or your employees is inaccurate or incomplete (please contact Us using the details in section 13);
4.1.4 The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you or your employees (We only hold personal data for a limited time, as explained in section 6 but if you would like Us to delete it sooner, please contact Us using the details in section 13). Please note that deletion of certain personal data may prevent the Services from functioning;
4.1.5 The right to restrict (i.e. prevent) the processing of personal data;
4.1.6 The right to data portability (obtaining a copy of personal data to re-use with another service or organisation);
4.1.7 The right to object to Us using personal data for particular purposes; and
4.1.8 Rights with respect to automated decision making and profiling.
2 If you have any cause for complaint about Our use of personal data, please contact Us using the details provided in section 13 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office details of which can be found here https://ico.org.uk/
5. What Data Do We Collect?
We may collect some or all of the following personal and non-personal data:
1. name;
2. business/company name
3. job title;
4. profession;
5. contact information such as email addresses and telephone numbers;
6. IP address;
7. web browser type and version;
8. operating system;
9. a list of URLs starting with a referring site, your activity on Our Services, and the site you exit to;
6.How Do We Use Your Data?
1. All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the Privacy Legislation at all times. For more details on security see section 7, below.
2. Our use of personal data will always have a lawful basis, either because it is necessary for Our performance of a contract with you, because you have consented to Our use of personal data (e.g. by subscribing to emails or for delivery of the Services), or because it is in Our legitimate interests. Specifically, We may use personal data for the following purposes:
6.2.1 Providing and managing your Account;
6.2.2 Providing and managing your access to the Services;
6.2.3 Personalising and tailoring your experience in the Services;
6.2.4 Supplying Our products or services to you (please note that We require your personal data in order to enter into a contract with you);
6.2.5 Personalising and tailoring Our products or services for you;
6.2.6 Replying to emails from you;
6.2.7 Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by clicking on the unsubscribe link)
6.2.8 Market research;
6.2.9 Analysing your use of Our Services and gathering feedback to enable Us to continually improve Our Services and your user experience;
3. With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email, telephone,text message, post with information, news and offers on our products or services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the Privacy Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
4. For the avoidance of doubt by accepting the terms of this Privacy Notice, you consent to us retaining certain data post termination of the Agreement for marketing purposes in terms of section 6.3 and for reinstating a Customer Account/ Customer Accounts in the event post termination the you decide to enter into a new agreement for the Services, for further information on the data that is retained post termination see section 6.6 below.
5. You have the right to withdraw your consent to Us using your personal data at any time, and to request that We delete it; however this may adversely affect the delivery, use and function of the Services.
6. We do not keep personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Data will therefore be retained for the following periods (or its retention will be determined on the following bases):
| Type of Data | How Long We Keep It | Our Lawful Basis |
Identity Information including
|
30 days after deletion of venue account | Contractual Obligation |
| Contact information including
|
30 days after deletion of venue account | Contractual Obligation/ Consent |
| Business information including
|
30 days after deletion of venue account | NA |
| Payment information including
|
Not deleted | Contractual Obligation (If Personal Data) |
| Profile information including
|
30 days after deletion of venue account | Contractual Obligation/ Consent |
| Technical information including
|
30 days | Contractual Obligation/ Consent |
| Data retained post termination for marketing
|
In terms of the Terms and Conditions currently this data is to be held for 18 months post termination of the Agreement | Consent |
7. How and Where Do We Store Your Data?
1. We only keep personal data for as long as We need to in order to use it as described above in section 6, and for as long as We have your permission to keep it.
2. Some or all of your data may be stored or transferred outside of the EEA. You are deemed to accept and agree to this by using the App and submitting information to Us. If We do store or transfer data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the EEA and under the Privacy Legislation. Such steps may include, but not be limited to, the use of legally binding contractual terms between Us and any third parties We engage and the use of the EU-approved Standard Contractual Clauses, Privacy Shield. Data security is very important to Us, and to protect your data We have taken suitable measures to safeguard and secure data.
8. Do We Share Your Data?
- We may share your data with other companies in Our group for administrative and internal management. This includes Our subsidiaries and/or Our holding company and its subsidiaries.
- We may sometimes contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
- We may compile statistics about the use of products and services including the Services including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymised data that can be combined with other data and used to identify your employees or customers. We may from time to time share such data with third parties such as prospective investors, affiliates, partners, and advertisers. Data will only be shared and used within the bounds of the law.
- The third party data processors used by Us and listed below are located both inside and outside of the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). Where We transfer any personal data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the Privacy Legislation: Microsoft Azure, Cloudflare, Stackify, SendGrid, HubSpot, Silverstreet, Clickatell, GoCardless, Xero, Chargebee, Data Dog, Google, FreshDesk, Slack, Github, Stripe, Amplitude, Loom, Typeform, Segment, Twilio, Wufoo.
5. In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal requirements, a court order, or a governmental authority.
9. What Happens If Our Business Changes Hands?
1. We may, from time to time, expand or reduce Our business and this may involve the sale /or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Notice, be permitted to use that data only for the same purposes for which it was originally collected by Us.
2. In the event that any of your data is to be transferred in such a manner, you will be contacted in advance and informed of the changes.
10. How Can You Control Your Data?
1. When you submit personal data to us, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details and by managing your Account).
2. You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
11. How Can You Access Your Data?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Please contact Us for more details at dpo@resdiary.com or using the contact details below in section 13.
12. Our Use of Cookies
See our Cookie Policy for information on how we use Cookies.
13. Contacting Us
If you have any questions about Our Services or this Privacy Notice, please contact Us by email at dpo@resdiary.com, or by post at 36 Renfield Street, Glasgow, Scotland, G2 1LU. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 11, above).
14. Changes to Our Privacy Notice
We may change this Privacy Notice from time to time (for example, if the law changes). Any changes will be immediately posted on Our Services and you will be deemed to have accepted the terms of the Privacy Notice on your first use of Our Services following the alterations. We recommend that you check this page regularly to keep up-to-date.
Last updated: 25th July 2023