Terms and Conditions of the RESTAURANT’s website and mobile application

THE APPLICATION MUST ONLY BE USED BY PEOPLE AGED FOURTEEN (14) YEARS OR OVER. IF YOU ARE FOURTEEN (14) YEARS OR OVER, BUT HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU NEED TO REVIEW THESE TERMS WITH YOUR PARENT OR GUARDIAN BEFORE CONTINUING TO MAKE SURE YOUR PARENT OR GUARDIAN AND YOU UNDERSTAND THE TERMS. IF YOUR PARENT OR GUARDIAN DO NOT RECOGNIZE OR DO NOT ACCEPT THESE TERMS, YOU MUST IMMEDIATELY UNINSTALL THE APPLICATION AND STOP USING IT. IF YOUR AGE IS BETWEEN FOURTEEN (14) AND THE AGE OF MAJORITY, YOU CAN USE THE APPLICATION UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN.

You are responsible for ensuring that your device meets all the technical specifications necessary to enable you to access the APPLICATION and use the APPLICATION. You receive a personal, non-exclusive, non-transferable licence to install and use the APPLICATION on mobile devices that belong to you or that you control personally under these TERMS. Licences for APPLE APPLICATIONS are granted for use on a device that belongs to you or that you control and are equipped with Apple’s operating system, iPhone OS. You must ensure that you use a suitable device to access any APPLE APPLICATIONS in order to use it. Other applications can only be used on a device that belongs to or that you control yourself and with the operating system for which the other application in question was designed. You cannot install or use the APPLICATION on a device that is not yours or that you do not control. The APPLICATION is provided for legitimate use only and is protected by applicable laws and treaties on intellectual property. Modification or use of the APPLICATION otherwise violates the rights of intellectual property of THE RESTAURANT. The APPLICATION is licenced and is therefore not sold. All rights to the APPLICATION are and remain the exclusive property of THE RESTAURANT and/or its licensors. Nothing in these TERMS is designed for you to transfer any of these rights or to invest in one of them. You are only authorized limited use of the APPLICATION, which is granted by these TERMS. You will not take steps to interfere with, limit or jeopardize the rights of THE RESTAURANT and/or one of its licensors. All costs associated with the download, installation, access and use of the APPLICATION are your responsibility and depend on your mobile service provider.

You are responsible for maintaining the strict confidentiality of your account details and you are responsible for all activity on your account. You agree to immediately notify THE RESTAURANT of any unauthorized use of your account or password or any other security breach. You agree and you are responsible for providing accurate information when you provide your account details and you ensure that your account details are up-to-date. You are solely responsible for controlling the dissemination and use of your password, controlling access and use of your account, and informing THE RESTAURANT when you want to cancel your account or unsubscribe from electronic communication in all of its forms. THE RESTAURANT will not be liable for any loss or damage arising from your violation of this provision.

Follow the rules of road safety. Each time you use the APPLICATION, you must respect road safety codes as well as all rules and regulations that apply. YOU SHOULD NOT USE THE APPLICATION WHILE YOU ARE DRIVING OR DRIVING A MOVING VEHICLE THAT IS NOT IN PARK MODE. For safety reasons, at any time, you should use the APPLICATION only when permitted and safe to do so.

You cannot decompile, reverse engineer, disassemble, or otherwise convert or allow any third party to decompile, reverse engineer, disassemble or otherwise convert the APPLICATION in a form perceptible to humans; make copies of the APPLICATION; distribute or republish, upload, post or transmit the APPLICATION in any way whatsoever; resell, rent, lease or lend the APPLICATION; or transfer the APPLICATION or these TERMS to any third party. If you download software from the APPLICATION, the software, including any files, images, contained in or generated by the software, and data related thereto (together, the "SOFTWARE") are deemed granted under license by THE RESTAURANT or its licensors, if any.

You are NOT allowed to use the APPLICATION to: obtain unauthorized access to THE RESTAURANT, including, without limitation, to use this APPLICATION to interrupt, destroy or limit the functionality of the APPLICATION, THE RESTAURANT’s servers and/or network; undertake an unlawful or illegal activity; launch automated systems such as "robots," "spiders," etc.; impersonate any person or misrepresent your identity; and/or violate the rights or threaten the safety of any person. Possible evidence of use of this APPLICATION for these reasons will be provided to the police authorities and are subject to production of documents required by law.

Collection

You agree that THE RESTAURANT may collect and use technical data about your device,

software of your system and the APPLICATION, and peripherals. All technical data is gathered periodically to facilitate the provision of software updates and support related to the APPLICATION.

So that THE RESTAURANT can better address your preferences, by using the APPLICATION, you accept and agree that THE RESTAURANT, and/or its affiliates and third party partners may collect, use and transmit the information you provide using the APPLICATION, and other information that identifies you personally collected through your use of the APPLICATION or specifically provided by you when you use the APPLICATION through registering for an account with THE RESTAURANT, or otherwise provided ("PERSONAL INFORMATION") to facilitate the improvement and delivery of products, offers, promotions, other services or technologies, and advertising content.

You agree and consent to THE RESTAURANT and its third party partners using your information to provide products, offers, promotions, or other customized services or technologies, and advertising content. Your personal information will only be used in accordance with the privacy policy of THE RESTAURANT.

Location information: With your consent, we may collect location information through your use of the APPLICATION, including locating information collected through geolocation capabilities, GPS, Bluetooth and similar capabilities of your mobile phone or your device ("LOCATION INFORMATION"). The objective of collecting location information is to identify restaurants that are the closest to your immediate location and effectively use the features of the APPPLICATION. We collect only the location information, if you agree, through a membership option, to receive some features of the APPLICATION (during the initial download of the APPLICATION, for a login or later session) and by enabling these capabilities on your mobile device. Once the membership is accepted, the APPLICATION will continue to collect location information until you close the APPLICATION (location information will continue to be collected if the APPLICATION works in the background ) or if you change the settings of your phone or other device to disable geolocation capabilities, GPS or Bluetooth, or similar capabilities, or you change the settings of your phone or other device to prevent the APPLICATION from collecting your location information. The RESTAURANT considers location information as personal information.

Information on the use of the APPLICATION: When you use the APPLICATION, information about how you interact with and use the APPLICATION may be collected automatically ("INFORMATION ON THE APPLICATION’S USE"). To the extent that the INFORMATION ON THE APPLICATION’S USE identifies you as an individual, THE RESTAURANT considers this personal information.

Personal information gathered: The way you use our application and in which you frequent our restaurants is important to us. We can therefore gather and compile personal information with information about other purchases you make at restaurants, THE RESTAURANT and any other personal information that you have agreed to provide us ("AGGREGATED PERSONAL INFORMATION").

Use

PERSONAL INFORMATION, LOCATION INFORMATION, INFORMATION ON THE APPLICATION’S USE, and AGGREGATED PERSONAL INFORMATION (collectively "AUTHORIZED INFORMATION") are used for purposes such as improving the functionality and features of our APPLICATION to answer your requests and messages, to conduct research on behavior and/or consumer interests, to improve our services or products, and to provide you with information about our offers and special promotions in our restaurants.

Disclosure

The RESTAURANT can share AUTHORIZED INFORMATION with its affiliates, agents, business partners, franchisees and other third parties in the following ways:

The RESTAURANT may disclose AUTHORIZED INFORMATION on when you visit our restaurants, products that you view and that you share the most frequently, and which parts of our restaurants you visit the most; THE RESTAURANT may disclose AUTHORIZED INFORMATION to provide certain commercial services and communicate only the AUTHORIZED INFORMATION required for commercial services to be provided. THE RESTAURANT can disclose AUTHORIZED INFORMATION if required by law or if we believe in good faith that such action is necessary to (i) comply with legal obligations, (ii) to protect or defend our rights or property, (iii) act in urgent circumstances to protect the personal safety of users of the APPLICATION or general public, or (iv) to protect us against liability.

Storage and transfer of information

The RESTAURANT can store all the information we collect (authorized or otherwise) in databases owned and maintained by us, our subsidiaries, our suppliers, our franchisees, our agents or our service providers. These databases can be stored in Canada or abroad. Using our APPLICATION, you consent to the storage and transfer of your AUTHORIZED INFORMATION and other information as described above.

Limiting the collection of information

You cannot use the APPLICATION without providing personal information. You can limit the personal information we collect by uninstalling the APPLICATION, turning it off or preventing it from using geolocation capabilities, Bluetooth or similar capabilities of your mobile device. However, if you take such measures, they may prevent you from using certain features or aspects of the APPLICATION.

Links to other websites and/or other applications

The APPLICATION may contain references, links or interactions to websites that are not operated or controlled by us ("THIRD-PARTY SITES"). The policies and procedures we describe herein are not applicable to THIRD-PARTY SITES and these sites may independently collect information about you. THE RESTAURANT assumes no responsibility regarding the policies to protect personal information and gathering information from these THIRD-PARTY SITES and we recommend that you contact the providers of these sites directly for information on their privacy policies.

Privacy contact

All questions and all concerns about the privacy of your personal information should be directed to the registered address available on our website. You can also reach us by phone at the number on our website five (5) days per week, Monday to Friday, 8 a.m. to 5 p.m. (EST).