Privacy Policy
PRIVACY NOTICE
Last updated January 10, 2020
Thank you for choosing to be part of our community at Modern Restaurant Concepts, doing business as Modern Restaurant Concepts (“we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our notice, or our practices with regards to your personal information, please contact us at info@modernmarket.com.
When you visit our website, mobile application, and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy notice. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Sites or Apps and our services.
This privacy notice applies to all information collected through our website, mobile application ("Apps"), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy notice as the "Services").
Please read this privacy notice carefully as it will help you make informed decisions about sharing your personal information with us.
TABLE OF CONTENTS
WHAT INFORMATION DO WE COLLECT?
HOW DO WE USE YOUR INFORMATION?
WILL YOUR INFORMATION BE SHARED WITH ANYONE?
DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
DO WE USE GOOGLE MAPS?
HOW LONG DO WE KEEP YOUR INFORMATION?
HOW DO WE KEEP YOUR INFORMATION SAFE?
DO WE COLLECT INFORMATION FROM MINORS?
WHAT ARE YOUR PRIVACY RIGHTS?
CONTROLS FOR DO-NOT-TRACK FEATURES
DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
DO WE MAKE UPDATES TO THIS POLICY?
HOW CAN YOU CONTACT US ABOUT THIS POLICY?
1. WHAT INFORMATION DO WE COLLECT?
Information automatically collected
In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Services or Apps.
We automatically collect certain information when you visit, use or navigate the Services or Apps. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services or Apps and other technical information. This information is primarily needed to maintain the security and operation of our Services or Apps, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
Information collected through our Apps
In Short: We may collect information regarding your geo-location, mobile device, push notifications, when you use our apps.
If you use our Apps, we may also collect the following information:
Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
Mobile Device Data. We may automatically collect device information (such as your mobile device ID, model and manufacturer), operating system, version information and IP address.
Push Notifications. We may request to send you push notifications regarding your account or the mobile application. If you wish to opt-out from receiving these types of communications, you may turn them off in your device’s settings.
2. HOW DO WE USE YOUR INFORMATION?
*In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent. *
We use personal information collected via our Services or Apps for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
To facilitate account creation and logon process. If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.
To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS" below).
To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services or Apps.
Request Feedback. We may use your information to request feedback and to contact you about your use of our Services or Apps.
To protect our Services. We may use your information as part of our efforts to keep our Services or Apps safe and secure (for example, for fraud monitoring and prevention).
To enforce our terms, conditions and policies.
To respond to legal requests and prevent harm to ourselves or others. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
To deliver services to the user. We may use your information to provide you with the requested product or service.
To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
For other Business Purposes. We may use your information for other business purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services or Apps, products, marketing and your experience.
We may use and store information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information.
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We share information with your consent, to comply with laws, to provide you with services, to protect your rights, to fulfill business obligations, and as otherwise explained in this notice.
We may process or share data based on the following legal basis:
Consent: We may process your data if we have your consent to use your personal information in a specific purpose.
Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services or Apps, which will enable them to collect data about how you interact with the Services or Apps over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity.
Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Services or Apps or on third-party websites. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
Offer Wall. Our Apps may display a third-party hosted “offer wall.” Such an offer wall allows third-party advertisers to offer virtual currency, gifts, or other items to users in return for acceptance and completion of an advertisement offer. Such an offer wall may appear in our mobile application and be displayed to you based on certain data, such as your geographic area or demographic information. When you click on an offer wall, you will leave our mobile application. A unique identifier, such as your user ID, will be shared with the offer wall provider in order to prevent fraud and properly credit your account.
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
*In Short: We may use cookies and other tracking technologies to collect and store your information. *
We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information.
We rely on third parties to provide many features of our sites and services using data about your use of our and other online services. We use cookies and other tracking technologies for the following purposes:
Site Operations: Enabling features that are necessary for providing you the services on our site, such as identifying you as being signed in, tracking content views, remembering your preferences and the number of times you have been shown an advertisement.
Analytics: Allowing us to understand how our services are being used, track site performance and make improvements
Personalized Advertising: Delivering tailored advertising based on your preferences or interests across services and devices and measuring the effectiveness of our ads
Social Media: Enabling the sharing of content from our services through social networking and other sites
Below is a list of these partners with links to more information their use of your data and how to exercise your options regarding tracking.
CategoryThird PartyFurther InformationAnalyticsGoogleHow Google uses information from sites or apps that use our servicesAnalyticsFull StoryHow FullStory uses information from sites or apps that use our servicesSite OperationsSentry.ioHow Sentry.io uses information from sites or apps that use our services
Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or if you set your browser to decline cookies, some features of the Services may not be available, work, or work as designed. You may also be able to opt out of or block tracking by interacting directly with the third-parties who conduct tracking through our Services.
You can learn more about ad serving companies and the options available to limit their collection and use of your information by visiting the websites for the Network Advertising Initiative and the Digital Advertising Alliance. Similarly, you can learn about your options to opt-out of mobile app tracking by certain advertising networks through your device settings and by resetting the advertiser ID on your Apple or Android device.
Please note that opting-out of advertising networks services does not mean that you will not receive advertising while using our Services or on other websites, nor will it prevent the receipt of interest-based advertising from third parties that do not participate in these programs. It will, however, exclude you from interest-based advertising conducted through participating networks, as provided by their policies and choice mechanisms. If you delete your cookies, you may also delete your opt-out preferences.
5. DO WE USE GOOGLE MAPS?
*In Short: Yes, we use Google Maps for the purpose of providing better service. *
We use Google Maps APIs. You may find the Google Maps APIs Terms of Service here. To better understand Google’s Privacy Policy, please refer to this link. By using our Maps API Implementation, you agree to be bound by Google’s Terms of Service.
6. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements), including after you terminate your user account.
7. HOW DO WE KEEP YOUR INFORMATION SAFE?
*In Short: We aim to protect your personal information through a system of organizational and technical security measures. *
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we work hard to protect your personal information, transmission of personal information to and from our Services or Apps is at your own risk. You should only access the services within a secure environment.
8. DO WE COLLECT INFORMATION FROM MINORS?
*In Short: We do not knowingly collect data from or market to children under 18 years of age. *
We do not knowingly solicit data from or market to children under 18 years of age. By using the Services or Apps, you represent that you are at least 18. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to delete such data from our records. If you become aware of any data we have collected from individuals under age 18, please contact us at info@modernmarket.com.
9. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can: log into your account settings and update your user account.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.
Cookies and similar technologies
Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services or Apps. To opt-out of interest-based advertising by advertisers on our Services or Apps visit http://www.aboutads.info/choices/ .
Opting out of email marketing
You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account.
10. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. We do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online.
11. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Consumer Privacy Act
The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of “Personal Information,” as well as rights to access and control Personal Information. The CCPA defines “Personal Information” to mean “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.” Certain information we collect may be exempt from the CCPA because it is considered public information (i.e., it is made available by a government entity) or covered by a federal privacy law.
To the extent that we collect Personal Information that is subject to the CCPA, that information, our practices, and your rights are described below.
Right to Information Regarding the Categories of Personal Information Collected, Sold, and Disclosed: Please see the description set forth below and elsewhere in this Privacy Notice.
Right to Access Information: You have the right to request access to Personal Information collected about you and information regarding the source of that information, the purposes for which we collect it, and the third parties and service providers with whom we share it. To protect our customers’ Personal Information, we are required to verify your identify before we can act on your request.
Right to Request Deletion of Information: You have the right to request in certain circumstances that we delete any Personal Information that we have collected directly from you. To protect our customers’ Personal Information, we are required to verify your identify before we can act on your request. We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated.
Right to Information Regarding Participation in Data Sharing for Financial Incentives: For example: We may run promotions from time to time whereby we incentivize a consumer to share certain pieces of information with us; for example, we may offer a one-time discount if consumers sign up for our email marketing list. Participation in these incentives is voluntary, and you may opt out of the data sharing at any time.
Right to Opt Out of Sale of Personal Information to Third Parties: You have the right to opt out of any sale of your personal information by us to third parties. To exercise this right, please visit our “Do Not Sell My Personal Information” section. Please note that your right to opt out does not apply to our sharing of personal information with service providers, who are parties we engage to perform a function on our behalf and are contractually obligated to use the personal information only for that function.
RIGHTS TO REQUEST ACCESS AND/OR DELETION OF YOUR PERSONAL INFORMATION
California residents have the right to request that we disclose what personal information we collect, use, and sell, as well as the right to request that we delete certain personal information that we have collected from you. To help ensure unauthorized parties do not access your personal information, we will require you to verify your identity before we can act on your request. If you are asking for access on behalf of someone else, we will require verification of your identity, as well as proof of authorization by the individual whose personal information you wish to access.
There may be information that we will not return in response in your access request, such as information that would affect the privacy of others or interfere with legal requirements. There are also instances when we will not be able to implement a deletion request, such as when we need to retain the information to provide your service or fulfill a legal obligation.
HOW TO SUBMIT A REQUEST:
You may submit a request to exercise your rights through the following: (1) Email to info@modernmarket.com *(2) Toll-Free 866-584-3944
CATEGORIES OF PERSONAL INF*ORMATION COLLECTED, SOLD, AND DISCLOSED
The following is a description of our data collection practices, including the personal information we collect, the sources of that information, the purposes for which we collect information, and whether we disclose that information to external parties. We may use any and all of the information for any of the purposes described in this Privacy Notice, unless limitations are listed. The categories we use to describe the information are those enumerated in the CCPA.
Personal Identifiers: We collect your name, phone number, email address, and contact address when you create an account or complete a transaction. If you choose to create an account, you will also be asked to create a username, and we will assign one or more unique identifiers to your profile. You provide us with payment information, which may be your credit card number or a bank account, when you complete a transaction. We do not collect your social Security number, Driver’s License number, or Passport number. We do not collect any medical information or health information about you. We collect your IP address automatically when you use our Services. We collect your Device ID automatically when you use our Services.
Protected Classifications: We may verify your age in order to comply with laws that restrict collection and disclosure of personal information belonging to minors. We do not collect your gender, racial or ethnic origin, or sexual orientation.
Commercial Information: When you engage in transactions with us, we create records of goods or services purchased or considered, as well as purchasing or consuming histories or tendencies.
Biometric Information: We do not collect information about your physiological, biological, or behavioral characteristics.
Internet or Other Electronic Network Activity Information: We collect information about your browsing history, search history, and information regarding your interaction with websites, applications, or advertisements automatically when you utilize our Services.
Geolocation Data: As described above, we collect your location when you use our Services. We may also be able to determine your general location based on the IP address.
Audio, electronic, visual, thermal, olfactory, or similar information: If you contact us via phone, we may record the call. We will notify you if a call is being recorded at the beginning of the call. We do not collect your image or any thermal, olfactory, or similar information.
Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences or characteristics: We may analyze your actual or likely preferences through a series of computer processes. On some occasions, we may add our observations to your internal profile.
We may share any of the above-listed information with Service Providers, which are external parties that we engage for business purposes and are restricted from using Personal Information for any purpose that is not related to our engagement. The categories of Service Providers with whom we share information and the services they provide are described above in our Privacy Notice.
SALE OF PERSONAL INFORMATION
On certain occasions, we also sell information to third parties. An external party may be considered a third party either because the purpose of sharing is not an enumerated business purpose under California law, or because our contract does not restrict them from using Personal Information for other purposes. To “sell” information means to disclose it to an external party for monetary or other benefit. We sell the following information:
Personal Identifiers: We provide your contact information to directory services providers and public safety authorities. We provide your IP address and Device ID to our advertising partners.
Inferences drawn to create a profile about a consumer reflecting the consumer’s preferences or characteristics: We provide our observations about you to our advertising partners.
We may also disclose information to other external parties who are not listed here when required by law or to protect our Company or other persons, as described above in our Privacy Notice.
You can opt-out of the sale of this information through a request to the following: (1) Email to info@modernmarket.com (2) Toll-Free 866-584-3944
California “Shine The Light”
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Services or Apps, you have the right to request removal of unwanted data that you publicly post on the Services or Apps. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. Please be aware that the data may not be completely or comprehensively removed from our systems.
12. DO WE MAKE UPDATES TO THIS POLICY?
In Short: Yes, we will update this policy as necessary.
We may update this privacy notice from time to time. The updated version will be indicated by an updated date and the updated version will be effective as soon as it is accessible. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.
13. HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have questions or comments about this policy, you may email us at info@modernmarket.com or by post to:
Modern Restaurant Concepts
1600 Champa St, Suite 1600
Denver, CO 80202
United States
Accessibility Statement
Modern Restaurant Concepts is committed to making our website's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at 720.393.0345 or email our team at guestrelations@modernmarket.com with "Disabled Access" in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.