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SERGIO’S PRIVACY POLICY AND DATA PROTECTION TERMS

Sergio’s Franchise Group Inc., Sergio’s Restaurant Inc. and all Sergio’s restaurants, franchisees and licensees undertake to protect the privacy of their visitors and users. The following data protection declaration describes which data the Sergio’s Franchise Group Inc. and Sergio’s Restaurants Inc. (hereinafter referred to as "Sergio’s" or "we") processes and how we use the relevant data to help users and visitors of our mobile app, website (www.sergios.com and www.sergioscuban.com), self-order kiosks, or other online service or platform of the Sergio’s brand (the “Applications”) and our on-demand services (collectively with Applications, referred to as the “Services”) to offer even greater benefits. Please read the following provisions carefully so that you become aware of how we protect and use your data. Please note that we use MENU Technologies AG (“MENU”) as data processor of personal data. 

Sergio’s reserves the right to change this policy and terms. If you have any questions about this this policy or any terms contained herein, please contact us at 305-552-9623.

OVERVIEW

This privacy policy and data protection terms apply Sergio’s collection of personal data via the Applications and Services. 

We collect various types of information about our users including: Information you provide to us; Information we collect about your use of Services; Information about your use of the Services; and Information we obtain from third party sources. We also may collect information in ways that we describe to you at the point of collection or otherwise with your consent.

How we use information:

We use the information we collect to, among other things: Register and create accounts; operate and manage our rewards program; Provide and manage our Services; Communicate with you about our products, services, and promotions; Deliver targeted advertising, promotions, and offers; and understand our customers so that we can develop and improve our customer services, promotions, products and Services.

We may otherwise use your information with your consent or at your direction.

Sharing of information:

We may share your information with: Affiliates of Sergio’s, Franchisees, including local owners, licenses and franchisees of Sergio’s and Sergio’s’ Cuban; business partners, service providers, and social media services; companies that provide content, advertising or functionality for us; and other parties when required by law, or as necessary to  facilitate the transfer of company assets in connection with a sale, transfer or reorganization..

We may provide aggregated information, and data with personal identifiers removed; to third parties to describe how our customers are using the Services. We also may share information about you with third parties whenever you consent to or direct such sharing. 

Online Advertising & Cookies

We and other companies that provide advertising and other services on our Services may use cookies, web beacons, do not track signals, and similar technologies to improve and customize your advertisements and your experience using our services. 

Privacy and Access Choices

You can have options to manage your privacy. For example you may block cookies and similar technologies if your web browser allows this functionality, opt out of receiving promotional materials from us.

PRIVACY POLICY AND DATA PROTECTION DETAILS

1. DEFINITIONS

“User” refers to a person who uses the Services or has registered with Sergio’s for potential use of the Services. 

“participating restaurant” refers to Sergio’s and Sergio’s Cuban, including franchisees, licensees or affiliates. These are solely responsible for the catering and restaurant services. 

2. GENERAL

Sergio’s Applications and Services are not intended for use by anyone under the age of 13. If you are under 13, please do not use the Applications or Services. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at 305-552-9623. 

Sergio’s, participating restaurants and service providers (e.g. MENU) may be involved in the processing of data that are related to activities via the Services and / or in connection with the services otherwise described herein. 

We collect and process personal data in different ways. The personal data is voluntarily provided by the user in the course of creating and / or changing the user profile, when interacting with or using the Applications and / or the Services and by email or text communication with support or other employees. For users of the Applications and / or Services, this includes in particular the following information: name, email address, password (encrypted), restaurant orders, user agent when logging in, IP address, credit card information (will not be saved by Sergio’s or MENU; comments on orders, business e-mail address, home and / or delivery address, hosted persons, occasion, signature, possibly collected and / or redeemed points [name], type of bonus for redeeming points. The data of the participating restaurants include the name, address, email address, password (encrypted), telephone number, VAT, currency, tip (if any), contact person and bank details. If you place an order via an application on a "self-order kiosk", mobile tablet, or web-application without having registered or logged in, the orders placed will be processed by us and the participating restaurant will only receive the data for order processing (including order, payment details and at store location). The receipts are saved on our servers, i.e. those of MENU. The payment information is processed by the payment processor. The payment process is authorized by the payment processor and confirmed back to us, i.e. MENU. 

When your order is ready to be picked up at the counter, you will be informed either via a push message (for orders placed via the mobile application) or via SMS message (for orders placed via the web application). If the restaurant you are visiting works with guest localization, your table number or your location in the participating restaurant will also be determined by means of table number entry (on the mobile and web application), placed transmitters or antennas (kiosks). In order to receive push messages, you must have push messages activated on your smartphone and to enable the determination of your location via transmitters or antennas you must have Bluetooth activated on your smartphone and give the application permission to determine your location. For orders that you place through the self-order kiosk, a puck may show you when your order is ready for collection at the counter or your order number is displayed on a screen. Your location can also be determined using a puck, which may be distributed to you at the self-order kiosk or at the counter or you may need to enter a number into the screen. You hereby authorize Sergio’s to disclose and process your orders, personal data and in particular your location data to participating restaurants. For delivery orders, your data will be processed for the execution of this delivery to the home or other delivery address you have provided. We can also process your personal data in order to send you coupons, which we generate in the back-end system and which we then send to you, for example, as push messages. You can redeem these coupons on the mobile application, on the web application on a website (ie. www.sergios.com and sergioscuban.com) or via an application on a mobile tablet or “self-order kiosk.”

Sergio’s as the franchisor is the platform operator of the application and obtains your personal data, such as order data, telephone number, home and / or other delivery address, email address, and can use them for marketing purposes. Sergio’s franchisees operate the Sergio’s platform in their restaurants and can view their order and payment details for their respective restaurants. As a technology supplier, MENU provides the application platform used by Sergio’s and can view your personal data. MENU provides Sergio’s within the application platform with functions that enable Sergio’s to communicate with you in a personalized form and to provide you with relevant information at the appropriate time. 

In cases where you provide us with data on other persons (such as when issuing a receipt), it is your responsibility to ensure that the individual has consented to your disclosure of their personal data and the processing of such data by us is in accordance with our rights hereunder. For example, you must inform the data subject and obtain their consent to the processing of their personal data for the purposes described herein. 

Your personal data will be processed by MENU and saved by an external provider. 

3. FOR WHAT PURPOSES WE PROCESS YOUR PERSONAL DATA?

3.1 TECHNICAL OPERATION AND FUNCTIONALITY OF THE WEBSITE AND APPLICATION

When you visit our website, e.g. to use our web application, our web administrators can store your personal data, including technical data, such as your IP address, the websites you visit, the internet browser you use, the one you used beforehand and subsequently visited websites and the duration of the visit / session, so that we can guarantee the proper functioning of our website. In certain cases, the browser can also query your current location to optimize your user experience. This technical data enables our web administrators to manage the website, for example by solving technical problems or improving access to certain areas of the website. This is how we ensure that you can (still) find the information provided on the website quickly and easily. 

If you use our mobile application or web application, we also process your personal data, including technical data, such as for example your IP address and your device type. We use this data to provide the services, to guarantee the functions of the application, to solve technical problems, to provide you with the correct and up-to-date version of the application and to further improve the functionality of the application. 

3.2 CUSTOMER SERVICE

When you register as a user, we collect your name, your email address, your password, your IP address and your device type as well as your credit card number and the expiration date of the card. 

We use your personal data and contact information to provide the services, for communication purposes relating to your orders, for advertising offers and for announcements related to the services, such as when our services are temporarily unavailable due to maintenance work. We use your personal data and registration data to create and manage your Sergio’s account. We reserve the right to deactivate your account if we suspect that you are using our application to commit fraudulent or illegal acts or if you violate our terms of use. 

3.3 Activation of Sergio’s Application

LOCATION INFORMATION

We collect and process location information, for example in participating restaurants or when you place an order via the applications, provided you have given us your prior consent. We use the relevant data to inform the relevant participating restaurant in which the respective order was placed so that the service staff can process the order accordingly. 

ORDERS

When you place an order via the application, we process in particular your first and / or last name, your order and your telephone number and forward it to the participating restaurant so that the service staff is able to process your order accordingly and notify you once your order is ready for pick-up. If one of our restaurants serves the orders to the table, the table number or your location is also determined so that the service staff can serve your order accordingly to your table. If you have placed an order for delivery, your home and / or delivery address will also be processed in order to be able to deliver. If you collect points with your order, we will credit it to the points account we hold for you. If you redeem points with an (award) order, we also book this redemption in the points account we hold for you.

3.4 PAYMENT PROCESSING

If you register as a user, your credit card data and data of other payment methods will be forwarded by MENU to a payment processing provider and processed by the latter in order to process payments for orders placed by you via the applications. Sergio’s, Sergio’s franchisees and MENU are allowed to transfer the credit card details or data of other payment methods you have registered to other payment processors. 

3.5 MARKETING

Sergio’s and Sergio’s franchisees can use your contact information to send you general information about what's new at Sergio’s. You can unsubscribe from these notifications at any time. 

3.6 COMPILATION OF ADMINISTRATIVE AND STATISTICAL DATA

Sergio’s and MENU use your personal data in an anonymous and aggregated form to monitor exactly which functions of the service are used the most, to analyse usage patterns and to determine where they offer their services and where they should focus. This information may be provided to third parties for industry analysis and statistical purposes. 

3.7 COOKIES / GOOGLE ANALYTICS

Sergio’s uses cookies. Cookies are small text files that a website places on your computer or mobile device when you visit a page or website for the first time. Cookies help us to recognize your device the next time you visit the website. Cookies have different functions. With their help we can, for example, recall your interests. Cookies can help us to analyze how well our website works or to adapt our content so that the relevant information is provided to you. 

Most browsers can be set in the settings so that they no longer accept cookies or you will be notified when you receive a cookie. In most browsers you will find information on possible changes to your browser settings under the "Help" menu item. If you decide to deactivate and / or delete cookies in the future, you must take into account that some Sergio’s functions will then no longer be available to you. 

3.8 NO OBLIGATION TO PROVIDE PERSONAL DATA

You are not obliged to provide your personal data. Without your personal data, however, we cannot provide our special services to you, or may be limited in what we can provide. 

4. RELEASE OF YOUR DATA BY US 

We may use various affiliates, third parties and external companies to enable or provide the Services for us, process payments, provide customer support, provide location information to participating restaurants, provide marketing services, and provide website-related services (including maintenance services, database management, web analysis and improving website functions) or to support us in analysing the use of our Services. These third parties have access to your personal data and process it in order to fulfil the tasks mentioned for us. This includes MENU, which operates the Application and Services for us.

We may disclose your personal data to the extent legally required or necessary for the establishment, exercise and defense of legal claims and legal procedures and, in an emergency, also data relating to security. 

We may also disclose your personal data to a buyer or other successor in in interest of some or all of our company assets.

In addition, we may transmit your personal data via our cash register system to the participating restaurant in which you would like to place an order. 

5. YOUR RIGHTS

As a user, you have a right to information about your personal account. This also applies to information that you have provided to us with regard to orders placed via our Application. You may request the correction or deletion of your personal data or object to the processing of your personal data at any time by sending us an email at hello@sergios.com or contacting us at the address given in section 9. A copy of your ID card or passport must be enclosed for clear identification. 

Sergio’s reserves the right to charge reasonable processing fees for providing relevant information in the event of unsubstantiated or excessive requests. 

6. DATA STORAGE

If you would like to delete your Sergio’s account or request that we no longer use your data in the future to provide services to you, please contact us at hello@sergios.com 

7. SAFETY

Sergio’s has taken appropriate technical and organizational security measures against the loss or unlawful processing of your personal data. We use industry-standard, economically appropriate security measures to protect your personal data. 

As effective as our security measures are, no security system is infallible. We cannot guarantee the security of our database, nor can we guarantee that the information you provide will not be intercepted when it is transmitted to us over the Internet. The transfer of your data to Sergio’s is always at your own risk. We also recommend that you do not disclose your password to anyone. 

8. CHANGES TO THIS POLICY

We can update this privacy policy to reflect changes in our information and data processing practices. In the event of significant changes, we will inform you before the corresponding change takes effect by e-mail or via a message on our website. By continuing to use the website and / or application and / or services, you acknowledge and agree to the updated privacy policy terms. We recommend that you visit this page regularly to review any changes to our data protection measures. 

9. CONTACT INFORMATION

Sergio’s Franchise Group Inc.
12380 SW 130 Street
Miami, Florida 33186