PRIVACY POLICY

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

For the purpose of these Privacy policies, wherever the context so requires "You" or "User" shall mean any natural or legal person who visits our platform, either just for the purpose of browsing www.freshmenu.com (our “Website”) website or the Freshmenu app to buy our product. The term "We", "Us", "Our" shall mean Foodvista India Private Limited.

Definitions

“App(s)” shall mean applications for mobile and includes Freshmenu App.

“Device(s)” shall mean a desktop computer, laptop computer, tablet, mobile phone, smart watch or such other electronic equipment.

“Force Majeure Event” shall mean any event that is beyond our reasonable control and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action or any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to your mobile or storage device, crashes, breach of security and encryption.

“Personal Information” refers to any information that identifies or can be used to identify, contact or locate the person, to whom such information pertains including, but not limited to, name, address, phone number and email address disclosed by you in relation to the services available on the Platform.

“Sensitive personal data or information” consists of information relating to the following:

1. passwords;

2. financial information such as bank account or credit card or debit card or other payment instrument details;

3. physical, physiological and mental health condition;

4. sexual orientation;

5. medical records and history;

6. Biometric information;

7. any detail relating to the above clauses as provided to body corporate for providing service; and

8. any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.

“Third Party” refers to any person or entity other than you or us.

SECTION 1 – WHAT INFORMATION DO WE COLLECT

Personal Data: We collect personal data from you when you voluntarily provide such information, such as when you contact us to place order for our products or to inquire about any information, respond to one of our surveys. 

Personal Information provided by you in relation to the use of the Platform: In order for us to enable successful delivery of your order to you, we collect your Personal Information as may be required for the purposes connected thereto when you place an order on the Platform.

We may be required to disclose such Personal Information to the Third Parties solely in connection with purchase, sale and delivery of your order in accordance with the terms and conditions stipulated by such Third Party.

We use the details provided by you during check out to ensure that orders are successfully delivered on time, and to keep you informed on the status of your order.

Personal Information provided by you in relation to the registration process:In order to provide you a safe, efficient, smooth and customized experience and in order to take advantage of certain features available on the Platform including, but not limited to, public forums, accessing or uploading reviews or taking part in surveys, you will be asked to complete an online registration form which will provide us with Personal Information. In the event you register with us, you will also be asked to choose a user identity and password in order to identify yourself during future uses of the Platform.

You can also register on the Platform by logging into online accounts you may have with Third Party social networking sites (“SNS”) (e.g. Facebook, Twitter); each such account, a “Third Party Account”, via our Platform as described below. As part of the functionality of the Platform, you may link your account with Third Party Accounts, by either: (i) providing your Third Party Account login information to us through the Platform; or (ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by the applicable SNS. If you decide to register by logging into a Third Party Account via our Platform, we will obtain the Personal Information you have provided to the applicable SNS (such as your “real” name, email address, profile picture, names of SNS friends, names of SNS groups to which you belong, other information you make publicly available via the applicable SNS and/or other information you authorize us to access by authorizing the SNS to provide such information) from your Third Party Accounts and use that information to create your account and profile page and you will become a member. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your account on the Platform. If there is information about your “friends” or people with whom you are associated in your Third Party Account, the information we obtain about those “friends” or people with whom you are associated, may also depend on the privacy settings such people have with the applicable SNS.

We also collect certain additional information that is not Personal Information which you provide as part of registration and the administration and personalization of your account profile. When you use our Services, we collect information about you in the following general categories.

If you permit the App to access the address book on your Device through the permission system used by your Devise platform, we may access and store names, contact and messages information from your address book to facilitate any form of interactions through our Services and for other purposes specified in this Privacy Policy or the Terms of Use.

In connection with facilitating this service, we receive call data, including the date and time of the call or SMS message, the parties’ phone numbers, and the content of the SMS message, etc.

Collection of Sensitive personal data or information: We do not collect, store or process Sensitive personal data or information as part of our services on our Platform.

Others: In addition to the cookies, we may also collect information to enable us to understand you better so that we can improve (i) your user experience; (ii) to assist our customer service and technical support personnel; and (iii) put processes in place to prevent fraud and unlawful use. In an effort to make the Platform effective and improve the Platform, certain information may be collected each time you access the Platform. Such information may be saved in server logs in an encrypted form which may not identify you personally. Such information or data may include, but shall not be limited to, IP address, your server details, duration of your visit, date, time or purpose of your visit. In addition to cookies we use web beacons, ad tags, pixels to advertise as part of the Platform. The abovementioned data may be used by us and may be shared with our sponsors, investors, advertisers, developers, strategic business partners or other associates to enhance and grow the user experience in relation to the Platform.

URLs: In general, You can browse our Website/App without telling Us who You are or revealing any personal information about yourself. Once You give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information for the fields that are optional. We may automatically track certain information about You based uponyour behaviour on Our Website/App. We use this information to do internal research on Our users' demographics, interests, and behaviour to better understand, protect and serve Our users. This information is compiled and analysed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL You next go to (whether this URL is on Our Website or not), your browser information, and your IP address.

Cookies: We use data collection devices such as "cookies" on certain pages of the Website to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a "cookie". Most cookies are "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits. Additionally, you may encounter "cookies" or other similar devices on certain pages of the Website that are placed by third parties. We do not control the use of cookies by third parties.

The cookies used by us are listed as follows for your information to opt-out of cookies or not.

• _session_id, unique token, sessional, Allows Freshmenu to store information about your session (referrer, landing page, etc)
• provider’s internal stats tracker to record the number of visits
• _secure_session_id, unique token, sessional storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
• Your payment details
• Your IP address and
• Any other personal information which you give us in connection with the Services.
• Wherever We collect personal data we make an effort to provide a link to this Privacy Policy. If You send us personal correspondence, such as emails or letters, we may collect such information into a file specific to You.

Payment Information: If You transact with Us, We collect some additional information, such as a billing address, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders.

SECTION 2: WHAT DO WE DO WITH YOUR INFORMATION

2.1 We use personal information to provide the delivery of Our products to You. To the extent We use your personal information to market to You, We will provide You the ability to opt-out of such uses. We use your personal information to resolve disputes; troubleshoot problems; help promote a safe transaction; collect money; measure consumer interest in Our products, inform You about online and offline offers, products and updates; customize your experience; detect and protect Us against error, fraud and other criminal activity; enforce Our terms and conditions; and as otherwise described to You at the time of collection.

2.2 In Our efforts to continually improve Our product offerings, We collect and analyse demographic and profile data about Our Users' activity on Our Website. We identify and use your IP address to help diagnose problems with Our server, and to administer Our Website. Your IP address is also used to help identify You and to gather broad demographic information.

SECTION 3 – CONSENT

3.1 When You provide Us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, it is deemed that You have consented to the use of your personal information by Us to carry out the transaction as requested.

3.2 In the course of business, if your personal information for any secondary reason, We shall specify the reason for requiring such information. Upon such request, You shall have the option to refrain from revealing such information to Us.

3.3 If after You consent, either impliedly or expressly, for your personal information to be used by Us, You change your mind, You may withdraw your consent for Us to contact You, for the continued collection, use or disclosure of your information, at any time. Such withdrawal of consent shall be communicated to Us either through an email at [email protected] or by contacting Us at our at our corporate office.

SECTION 4 – DISCLOSURE OF PERSONAL INFORMATION

4.1 We may share personal information with our other corporate entities and affiliates to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of Our Website; and to facilitate joint or co-branded services where such services are provided by more than one corporate entity. Those entities and affiliates may not market to You as a result of such sharing unless You explicitly opt-in.

4.2 We may disclose personal information of You if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to enforce our Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our Users or the general public.

SECTION 5 – FRESHMENU

5.1 All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

5.2 PCI-DSS requirements help ensure the secure handling of credit card information by Our store and its service providers.

5.3 For more insight, you may also want to read Freshmenu’s Terms of Service here or Privacy Statement here.

SECTION 6 - THIRD-PARTY SERVICES

6.1 We may engage the services of third parties to help us serve Our customers better. In general, the third-party services providers engaged by Us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to Us.

6.2 However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information We are required to provide to them for your purchase-related transactions and

We recommend that You read their privacy policies so You can understand the manner in which your personal information will be handled by these third party service providers.

6.3 In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

6.4 Once you leave Our website/App or are redirected to a third-party website or application, You are no longer governed by this Privacy Policy or our website’s Terms of Service.

6.5 When you click on third party links on Our Website, We are not responsible for the privacy practices of other sites and for the loss or consequential damage that may be caused to you and encourage You to read their privacy statements.

SECTION 7 – SECURITY

7.1 To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

7.2 If You provide Us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although, no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 8 - AGE OF CONSENT

8.1 By using this site, You represent that You are at least the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 9 - CHANGES TO THIS PRIVACY POLICY

9.1 We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Website. If We make material changes to this policy, We will notify You here that it has been updated, so that You are aware of what information We collect, how we use it, and under what circumstances, if any, We use and/or disclose it.

9.2 If our Website is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to You.

SECTION 10 – ACCOUNT DELETION

10.1 - Customer willing to delete his/her account can send a mail to [email protected]

10.2 - Customer profile will be deleted from our database, which also includes, Name, email, DOB, Address, Orders, Payment details.

10.3 - In all matters relating to account deletion, the decision of FreshMenu shall be final and binding and by participating in the offer, the participants agree to be bound by the terms and conditions contained herein.

SECTION 11 – DATA SECURITY PRECAUTIONS

We have in place appropriate technical and security measures to secure the information collected by us.

We use vault and tokenization services from third party service providers to protect the sensitive personal information provided by you. The third-party service providers with respect to our vault and tokenization services and our payment gateway and payment processing are compliant with the payment card industry standard (generally referred to as PCI compliant service providers). You are advised not to send your full credit/debit card details through unencrypted electronic platforms. Where we have given you (or where you have chosen) a username and password which enables you to access certain parts of the Freshmenu Platform, you are responsible for keeping these details confidential. We ask you not to share your password with anyone.

Please we aware that the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted through the Freshmenu Platform. Once we have received your information, we will use strict physical, electronic, and procedural safeguards to try to prevent unauthorised access.

SECTION 12 – OPT-OUT

When you sign up for an account, you are opting in to receive emails and SMS from Freshmenu. In order to “unsubscribe” please send out a mail to [email protected], but note that you cannot opt out of receiving certain administrative notices, service notices, or legal notices from Freshmenu.

If you wish to withdraw your consent for the use and disclosure of your personal information in the manner provided in this Policy, please write to us at [email protected]. Please note that we may take time to process such requests, and your request shall take effect no later than 5 (Five) business days from the receipt of such request, after which we will not use your personal data for any processing unless required by us to comply with our legal obligations. We may not be able offer you any or all Services upon such withdrawal of your consent.

SECTION 13 – COOKIES

Our Freshmenu Platform and third parties with whom we partner, may use cookies, pixel tags, web beacons, mobile device IDs, “flash cookies” and similar files or technologies to collect and store information with respect to your use of the Services and third-party websites.

Cookies are small files that are stored on your browser or device by websites, apps, online media and advertisements. We use cookies and similar technologies for purposes such as:

• Authenticating users.
• Remembering user preferences and settings.
• Determining the popularity of content.
• Delivering and measuring the effectiveness of advertising campaigns
• Analysing site traffic and trends, and generally understanding the online behaviours and interests of people who interact with our services.
• A pixel tag (also called a web beacon or clear GIF) is a tiny graphic with a unique identifier, embedded invisibly on a webpage (or an online ad or email), and is used to count or track things like activity on a webpage or ad impressions or clicks, as well as to access cookies stored on users’ computers. We use pixel tags to measure the popularity of our various pages, features and services. We also may include web beacons in e-mail messages or newsletters to determine whether the message has been opened and for other analytics.

To modify your cookie settings, please visit your browser’s settings. By using our Services with your browser settings to accept cookies, you are consenting to our use of cookies in the manner described in this section.

We may also allow third parties to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs and other technologies to identify your device when you visit the Freshmenu Platform and use our Services, as well as when you visit other online sites and services.

Please see our Cookie Policy for more information regarding the use of cookies and other technologies described in this section, including regarding your choices relating to such technologies.

SECTION 14 – USES OF YOUR INFORMATION

We use the information we collect for following purposes, including:

• To provide, personalise, maintain and improve our products and services, such as to enable deliveries and other services, enable features to personalise your Freshmenu account.
• To carry out our obligations arising from any contracts entered into between you and us and to provide you with the relevant information and services.
• To administer and enhance the security of our Freshmenu Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
• To provide you with information about services we consider similar to those that you are already using, or have enquired about, or may interest you. If you are a registered user, we will contact you by electronic means (e-mail or SMS or telephone) with information about these services.
• To understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), process and complete your transactions, make special offers, provide customer support, process and respond to your queries.
• To generate and review reports and data about, and to conduct research on, our user base and Service usage patterns.
• To allow you to participate in interactive features of our Services, if any or
• To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
• If you are a partner restaurant or merchant or delivery partner, to track the progress of delivery or status of the order placed by our customers.
• to carry out academic research with academic partners.
• We may combine the information that we receive from third parties with the information you give to us and information we collect about you for the purposes set out above. Further, we may anonymize and/or de-identify information collected from you through the Services or via other means, including via the use of third-party web analytic tools. As a result, our use and disclosure of aggregated and/or de-identified information is not restricted by this Policy, and it may be used and disclosed to others without limitation.
• We analyse the log files of our Freshmenu Platform that may contain Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring, app crashes, page viewed and exit websites and applications, operating system, date/time stamp, and clickstream data. This helps us to administer the website, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole.

SECTION 15 – YOUR CONSENT

By using the Freshmenu Platform and the Services, you agree and consent to the collection, transfer, use, storage, disclosure and sharing of your information as described and collected by us in accordance with this Policy. If you do not agree with the Policy, please do not use or access the Freshmenu Platform.

SECTION 16 – POLICY CHANGES

We may occasionally update this Policy and such changes will be posted on this page. If we make any significant changes to this Policy we will endeavour to provide you with reasonable notice of such changes, such as via prominent notice on the Freshmenu Platform or to your email address on record and where required by applicable law, we will obtain your consent. To the extent permitted under the applicable law, your continued use of our Services after we publish or send a notice about our changes to this Policy shall constitute your consent to the updated Policy.

SECTION 17 – LINKS TO OTHER WEBSITES

The Freshmenu Platform may contain links to other websites. Any personal information about you collected whilst visiting such websites is not governed by this Policy. Freshmenu shall not be responsible for and has no control over the practices and content of any website accessed using the links contained on the Freshmenu Platform. This Policy shall not apply to any information you may disclose to any of our service providers/service personnel which we do not require you to disclose to us or any of our service providers under this Policy.

SECTION 18 - Grievance Redressal Mechanism

If you have any queries relating to the processing or usage of information provided by you in connection with this Policy, please email us at at [email protected]  or write to our Grievance Officer at the following address

Last updated on 7th December, 2021