www.nefistanbul.co.uk ("Restaurant") is committed to protecting the privacy of all users of Restaurant’s website, or mobile applications (together, the "Platform"). Please read the following privacy policy that explains how Restaurant use and protect your information. Restaurant will be the "data controller" of the information you provide to Restaurant.
1. HOW RESTAURANT COLLECTS YOUR INFORMATION
1.1. Restaurant collect your personal information when you interact with Restaurant or use Restaurant’s services, such as when you use Restaurant’s Platform to place an order. We also look at how visitors use Restaurant’s Platform, to help us improve Restaurant’s services and optimise customer experience.
1.2. We collect information:
• When you create an account with Restaurant or you change your account settings;
• When you place an order with Restaurant and during the order process (including for payment and order delivery);
• When you place a reservation with Restaurant;
• When you contact Restaurant directly via email, phone, post, message or via Restaurant’s chat function; and
• When you browse and use Restaurant’s Platform (before and after you create an account with Restaurant).
1.3. We also collect information from third party sites, such as advertising platforms and Restaurant’s fraud detection provider before processing orders or creating accounts.
2. INFORMATION THAT WE COLLECT FROM YOU
2.1. As part of Restaurant’s commitment to the privacy of Restaurant’s customers and visitors to Restaurant’s Platform more generally, we want to be clear about the sorts of information we will collect from you.
2.2. When you visit the Platform or make a Restaurant order through the Platform, you are asked to provide information about yourself including your name, contact details, delivery address, order details and payment information such as credit or debit card information.
2.3. We also collect information about your usage of the Platform and information about you from any messages you post to the Platform or when you contact Restaurant or provide Restaurant with feedback, including via e-mail, letter, phone or chat function. If you contact Restaurant by phone, we record the call for training and service improvement purposes, and make notes in relation to your call.
2.4. We collect technical information from your mobile device or computer, such as its operating system, language, the device and connection type and the IP address from which you are accessing Restaurant’s Platform.
2.5. We also collect technical information about your use of Restaurant’s services through a mobile device, for example, carrier, location data and performance data such as mobile payment methods. Unless you have elected to remain anonymous through your device and/or platform settings, this information may be collected and used by Restaurant automatically if you use the service through your mobile device(s) via any Restaurant mobile application, through your mobile's browser or otherwise.
2.6. We collect your order, loyalty earnings, spendings and reservations history from Restaurant.
2.7. We process health information about you only where you volunteer and consent to this, for example if you specify any food allergies.
3. USE OF YOUR INFORMATION
3.1. We will only process the data we collect about you if there is a reason for doing so, and if that reason is permitted under data protection law. We will have a lawful basis for processing your information: if we need to process your information in order to provide you with the service you have requested or to enter into a contract; we have your consent; we have a justifiable reason for processing your data; or we are under a legal obligation to do so.
3.2. Where we need to in order to provide you with the service you have requested or to enter into a contract, we use your information:
• to enable Restaurant to provide you with access to the relevant parts of the Platform;
• to supply the services you have requested;
• to enable Restaurant to collect payment from you; and
• to contact you where necessary concerning Restaurant’s services, such as to resolve issues you may have with your order or reservation.
3.3. We also process your data where we have a justifiable reason for doing so— for example personalisation of Restaurant’s service, including processing data to make it easier and faster for you to place orders. We have listed these reasons below:
• to improve the effectiveness and quality of service that Restaurant’s customers can expect from Restaurant in the future;
• to enable Restaurant’s customer support team to help you with any enquiries or complaints in the most efficient way possible;
• to contact you for your views and feedback on Restaurant’s services and to notify you if there are any important changes or developments to the Platform or Restaurant’s services, including letting you know that Restaurant’s services are operating in a new area, where you have asked Restaurant to do so;
• to analyse your activity on the Platform so that we can administer, improve and develop statistical and analytical purposes to prevent fraud;
• if you submit comments and feedback regarding the Platform and the services, we may use such comments and feedback on the Platform and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you live.
3.4. We will also analyse data about your use of Restaurant’s services from your location data to create profiles relating to you and for you. This means that we may make certain assumptions about what you may be interested in and use this, for example, to send you more tailored marketing communications, to let you know about special offers or products which we think you may be interested in. This activity is referred to as profiling. You have certain rights in relation to this type of processing. Please see 'Your Rights' section below for more information.
3.5. Where we are under a legal obligation to do so we may use your information to:
• create a record of your order(s);
• comply with any legal obligation or regulatory requirement to which we are subject.
4. COOKIE POLICY
Restaurant’s Platform may use “cookies.” You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the Site may become inaccessible or not function properly.
Cookies are text files containing small amounts of information which are downloaded to your device when you visit and use the Platform. Cookies are then sent back to the originating URL on each subsequent visit, or to another URL that recognises that cookie. Cookies are useful because they allow a website to recognise a user’s device. You can find more information about cookies at: www.allaboutcookies.org and www.youronlinechoices.eu . For a video about cookies visit www.google.co.uk/goodtoknow/data-on-the-web/cookies.
Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improve the user experience.
They can also help to ensure that adverts you see online are more relevant to you and your interests.
You may set and/or adjust your (browser) settings and preferences regarding cookies at any time, and you may disable cookies. Disabling them may prevent you from using certain parts/functionalities of the Controller’s web application.
Restaurant may collect anonymous information, including for statistical or research purposes.
Restaurant uses the following categories on Platform:
Category 1 — Strictly Necessary Cookies
These cookies are essential in order to enable you to move around Platform and use its features, such as accessing secure areas. Without these cookies services like order list and billing cannot be provided.
Category 2 — Performance Cookies
These cookies collect information about how you use the Platform — for instance, which pages you go to most, and if they get error messages from web pages and/or the web application. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how the Restaurant’s website(s) and/or the application works.
As 3rd party cookies in this category we use Google Analytics, a service which transmits website traffic data to Google servers in the United States. The reports provided by Google Analytics help us understand website traffic and webpage usage. Google Analytics does not identify individual users or associate your IP address with any other data held by Google.
Category 3 — Functionality Cookies
These cookies allow the Platform to remember choices you make while browsing and/or using the application (such as your user name, language or the region you are in) and provide enhanced, more personal features.
These cookies can also be used to remember changes you have made to text size, language and other parts of web pages that you can customize.
The information these cookies collect will not personally identify you, and they cannot track your browsing activity on non- Controller’s websites.
For reliable review of your order status, on-screen on the application, in real-time, and also for easy reordering, your data may be saved on your device, serving a cookie locally.
Category 4 — Targeting cookies or advertising cookies
These cookies will usually be third-party cookies, although if a user is visiting the advertising network’s own website it is technically possible these could be first party. They will always be persistent but time-limited cookies. These cookies can be associated with services provided by the third party but this is not always the case. These cookies contain a unique key that is able to distinguish individual users’ browsing habits or that can be translated into a set of browsing habits or preferences using information stored elsewhere. Generally speaking, the privacy statement should indicate if the cookie is being used as part of an advertising network. Cookies may also be used to limit the number times a user sees a particular ad on a website and to measure the effectiveness of a particular campaign.
Examples include:
• Cookies placed by advertising networks to collect browsing habits in order to target relevant adverts to the user. The site the user is visiting need not actually be serving adverts, but often this will also be the case.
• Cookies placed by advertising networks in conjunction with a service implemented by the website to increase functionality, such as commenting on a blog, adding a site to the user’s social network, providing maps or counters of visitors to a site.
By default, Platform and its originating website URL is not serving category 4 cookies. However, it may be possible to order online from other websites that frame-in or facilitate access to the online menu and web application. Therefore, please always check the cookie policy of the visited website from which you initiated an online ordering session in order to find out if any category 4 cookies are served and which is the way to opt-out or opt-in for them, as the legal case may be.
5. DIRECT MARKETING
5.1. Where you have given your consent or where we have a justifiable reason for doing so (and are permitted to do so by law) we will use your information to let you know about Restaurant’s other products and services that may be of interest to you and we may contact you to do so by email or phone. You can control your email marketing preferences by:
• visiting Restaurant’s website, or mobile application;
• clicking on "Account" (for Restaurant’s website this is under the drop-down menu); and
• scrolling down to "Marketing Preferences".
6. AUTOMATED DECISION MAKING
6.1. We conduct fraud checks on all customers. Where we believe we may detect fraudulent activity we may block you from placing an order and using Restaurant’s Platform.
6.2. We use automated systems including a third party fraud detection provider, which analyses your order data in order to make automated decisions as to whether or not we will accept an order. We find this is a fairer, more accurate and more efficient way of conducting fraud checks since human checks would simply not be possible.
6.3. You have certain rights in respect of this activity - please see 'Your Rights' section below for more information. Our fraud detection is in place to protect all of Restaurant’s customers as well as Restaurant. You have the right to contest any fraud decision made about you and to be given more information about why any such decision was made by contacting Restaurant as set out in section 12 below.
7. RETENTION OF YOUR INFORMATION
7.1. We will not retain your information for any longer than we think is necessary.
7.2. Information that we collect will be retained for as long as needed to fulfil the purposes outlined in the ‘Use of my information’ section above, in line with Restaurant’s legitimate interest or for a period specifically required by applicable regulations or laws, such as retaining the information for regulatory reporting purposes.
7.3. When determining the relevant retention periods, we will take into account factors including:
• Restaurant’s contractual obligations and rights in relation to the information involved;
• legal obligation(s) under applicable law to retain data for a certain period of time;
• statute of limitations under applicable law(s);
• potential disputes; and
• guidelines issued by relevant data protection authorities.
7.4. Otherwise, we securely erase your information where we no longer require your information for the purposes collected.
8. DISCLOSURE OF YOUR INFORMATION
The information we collect about you will be transferred to and stored on Restaurant’s service providers servers located within the UK. We are very careful and transparent about who else your information is shared with.
Sharing your information internally
We share your information with our other service locations only where necessary.
Sharing your information with third parties
We share your information with third party service providers. The types of third party service providers whom we share your information with includes:
Payment providers (including online payment providers and fraud detection providers): for the purposes of providing services to Restaurant, for example when they process information such as credit card payments for Restaurant, provide support services to you or carry out fraud checks for Restaurant;
IT service providers (including cloud providers): for the purposes of data storage and analysis;
Riders: so they can deliver your order to you;
Marketing and advertising partners: so that they can ensure that you see advertising which is more relevant to you and send you email marketing on Restaurant’s behalf.
Restaurant will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy when it is transferred to third parties.
If Restaurant’s business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, Restaurant’s new business partners or owners or their advisors.
We may also share your information:
if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation or regulatory requirement. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention;
in order to enforce Restaurant’s contractual terms with you and any other agreement;
to protect the rights of Restaurant, restaurant partners, riders, or others, including to prevent fraud; and
with such third parties as we reasonably consider necessary in order to prevent crime, e.g. the police.
International transfers of data
In some cases the personal data we collect from you might be processed outside the European Economic Area ("EEA"), such as Turkey, United States and the countries in which Restaurant’s service provider operates. These countries may not have the same protections for your personal data as the EEA has. However, we are obliged to ensure that the personal data that is processed by Restaurant and Restaurant’s suppliers outside of the EEA is protected in the same ways as it would be if it was processed within the EEA. There are therefore certain safeguards in place when your data is processed outside of the EEA.
We ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
your personal data is transferred to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission;
we use the EU approved Standard Contractual Clauses; and
where your personal data is transferred to third party providers based in the US, data may be transferred to them if they have self-certified under the Privacy Shield framework in relation to the type of data being transferred, which requires them to provide similar protection to personal data shared between the EU and the US.
Please contact us using the contact details above if you want further information on the countries to which personal data may be transferred and the specific mechanism used by Restaurant when transferring your personal data out of the EEA.
9. SECURITY
9.1. We adopt robust technologies and policies to ensure the personal information we hold about you is suitably protected.
9.2. We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage.
9.3. Where you have chosen a password that allows you to access certain parts of the Platform, you are responsible for keeping this password confidential. We advise you not to share your password with anyone.
9.4. Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Platform; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
10. YOUR RIGHTS
10.1. Under data protection law, you may have a number of rights concerning the data we hold about you. If you wish to exercise any of these rights, please contact Restaurant’s Data Protection Officer using the contact details set out above. For additional information on your rights please contact your data protection authority and see below.
10.2. The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this policy.
10.3. The right of access. You have the right to obtain access to your information (if we’re processing it). This will enable you, for example, to check that we’re using your information in accordance with data protection law. If you wish to access the information we hold about you in this way, please get in touch (see Contact Details).
10.4. The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in information that we hold by contacting Restaurant (see Contact Details).
10.5. The right to erasure. This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of certain of the information that we hold about you by contacting Restaurant (see Contact Details).
10.6. The right to restrict processing. You have rights to 'block' or 'suppress' further use of your information. When processing is restricted, we can still store your information, but will not use it further.
10.7. The right to data portability. You have the right to obtain your personal information in an accessible and transferrable format so that you can re-use it for your own purposes across different service providers. This is not a general right however and there are exceptions. To learn more please get in touch (see Contact Details).
10.8. The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your information with the national data protection authority.
10.9. The right to withdraw consent. If you have given your consent to anything we do with your information (i.e. we rely on consent as a legal basis for processing your information), you have the right to withdraw that consent at any time. You can do this by contacting Restaurant (see Contact Details). Withdrawing consent will not however make unlawful Restaurant’s use of your information while consent had been apparent.
10.10. The right to object to processing. You have the right to object to certain types of processing, including processing for direct marketing and profiling. You can object by changing your marketing preferences or disabling cookies as set out in sections 7 and 8 above.
11. CHANGES TO OUR PRIVACY POLICY
Any changes to Restaurant’s privacy policy will be posted to the Platform and, where appropriate, we will notify you of the changes for example by email or push notification.
This privacy policy was last updated: 15/05/2019
12. CONTACT US
Any questions regarding this Privacy Policy should be directed to Restaurant at [email protected] or 37 Duke Street, Chelmsford, Essex CM1 1HY.
You also may:
Contact our data protection officer at [email protected] with any questions about this Privacy Policy.
