TERMS OF SERVICE
By using the EatPass Service, you (the User) agree to these Terms of Service. Please read the following Terms of Service carefully before using the EatPass Service. If you do not agree with the Terms of Service, please do not use the EatPass Service. These Terms of Service apply to any use of the EatPass Service and to the Purchase Agreements between a Partner and the User. A more detailed description of the EatPass Service and information on system requirements is available at www.eatpass.fi. If you register as a company, association or any other legal entity, you represent and warrant that you are authorized to bind the entity into these Terms of Service.
“Partner” means a restaurant or other service partner who has signed a partner agreement with Restarant Oy and who offers its products and delivery services, if applicable, through the EatPass Service.
“Restarant” means Restarant Oy, Muurikinkatu 6 H 6, 20540 Turku, Finland, company ID 2783618-2.
“EatPass app” means a digital application called EatPass provided by Restarant Oy for natural and legal persons to order products from Restarant Oy Partners.
“EatPass Service” means both EatPass App and EatPass website www.eatpass.fi and other additional locations as mentioned at www.eatpass.fi
“Eat.fi” means the restaurant discovery page provided by City Digital Oy, which is co-operating with EatPass.
“User” means a natural or legal person using the EatPass Service.
Information about the identity and products and services of the Partners will be provided through the EatPass App and EatPass Website.
2 Description of the EatPass Service
2.1 EatPass is a customer feedback and reporting service platform created for restaurant owners and their customers. With EatPass mobile application the end users can create reviews, find and use special offers, use the digital stamp cards, communicate directly with restaurant owners and find information about restaurants. Reviews created with EatPass will be shown in the Eat.fi restaurant discovery web page. The reviews are moderated by the eat.fi staff.
2.2 EatPass sevice uses beacon / Bluetooth technology to verify the user’s location when using the digital stamp card. We do not collect any additional personal information about the user while verifying the location with the beacon and the location information is not shared or stored in any way.
3 User Accounts
3.1 In order to use the EatPass Service, the User must create a user account by following the registration instructions in the EatPass Service. The EatPass Service credentials are personal. The User shall ensure that any user account credentials and equivalent information required to access the user account of the User are kept confidential and used in a secure manner not accessible by third parties. A User can have only one user account. EatPass core features are account specific:
- End users can write feedback to restaurant owners.
- End users can communicate personally and directly with the restaurant owners.
- End users can use the digital stamp card feature.
- End users can get instant savings and benefits by using offers.
3.2 Where it is suspected that any unauthorized person has become aware of a User’s user account credentials or has access to the user account of the User, the User shall immediately inform Restarant Oy thereof. The User shall be responsible for any use of the EatPass Service and any activity under the user account of the User.
4 Intellectual Property Rights
4.1 All Intellectual Property Rights in or related to the EatPass Service and thereto related documentation and all parts and copies thereof shall remain exclusively vested with and be the sole and exclusive property of Restarant Oy and/or its subcontractors/licensors. “Intellectual Property Rights” shall mean copyrights and related rights (including database and catalogue rights and photography rights), patents, utility models, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights.
4.2 These Terms of Service do not grant the User any Intellectual Property Rights in the EatPass Service and all rights not expressly granted hereunder are reserved by Restarant Oy and its subcontractors/licensors.
5 Additional Provisions for use of the EatPass Service
5.1 We are constantly developing the EatPass Service and we may change or remove different parts of the EatPass Service, including features, the products and Partners available in the EatPass Service in part or in whole.
5.2 By using the EatPass Service, the User may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Restarant Oy generally does not review content provided by the Partners. Restarant Oy is not responsible for third parties’ (including the Partners’) content or information or for any damages arising as a result of the use of or reliance on it.
5.3 You shall be responsible for obtaining and maintaining any devices or equipment (such as telephones) and connections needed for access to and use of the EatPass Service and all charges related thereto.
5.4 The User will not: (i) use or attempt to use another person’s EatPass account and/or access another person’s payment data on the EatPass Service or use another person’s payment cards when using the EatPass Service, without consent of that other person; (ii) copy, modify or create derivative works of the EatPass Service or any related technology; (iii) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the EatPass Services or any related technology, or any part thereof; (iv) remove any copyright, trademark or other proprietary rights notices contained in or on the EatPass Service; (iv) remove, cover or obscure any advertisement included on the EatPass Service; (v) collect, use, copy, or transfer any information obtained from the EatPass Service without the consent of EatPass; (vi) use bots or other automated methods to use the EatPass Service; (vii) create a EatPass account using a fake identity or an identity of another person; (viii) create multiple eatpass accounts; and (ix) access the EatPass Service except through the interfaces expressly provided by EatPass, such as the EatPass App and EatPass Website.
5.5 EatPass shall process any personal data collected from the User in accordance with the EatPass Privacy Statement
6 Terms and termination
6.1 These Terms of Service are in force as a binding agreement until further notice as long as the User is using the EatPass Service.
6.2 The user can discontinue the use of the EatPass Service at any time. Restarant Oy can discontinue providing the EatPass Service permanently or temporarily at any time.
7 Limitation of Liability
7.1 The following section is only applicable to non-consumer Users of the EatPass Service: Under no circumstances shall Restarant Oy be liable to the User for any indirect damages, including lost profits, lost sales or business, lost data or business interruption, or for any direct damages in excess of the amounts actually retained by Restarant Oy from the User in the three (3) months preceding the event giving rise to the claim.
8.1 Please note that the EatPass Service may at any time be interrupted or permanently discontinued. The EatPass Service may also be temporarily suspended. Do not use the EatPass Services for backing up any data.
9 Applicable Law and Dispute Resolution
9.1 These Terms of Service shall be governed by and shall be construed in accordance with the laws of Finland. If you are a consumer domiciled in the EU, please note that you cannot be deprived of the rights granted to you by the mandatory consumer protection laws of your country of domicile. Disputes arising from these Terms of Service shall be resolved by the district court of Helsinki. A consumer may always institute proceedings in the district court of its domicile. Parties may also use the ODR platform managed by the European Commission to settle their disputes. This platform can be found on http://ec.europa.eu/odr . As a Finnish consumer, you may always refer a dispute to the Finnish Consumer Disputes Board (please see kuluttajariita.fi and kuluttajaneuvonta.fi for instructions).
10.1 These EatPass Terms of Service are subject to amendments.
10.2 EatPass shall publish the amended EatPass Terms of Service at the EatPass Website and shall inform the User that the EatPass Terms of Service have been amended on the EatPass Service or by email to the email address submitted to the EatPass Service by the User. If the User does not agree to any amended EatPass Terms of Service, he/she shall discontinue the use of the EatPass Service.
11.1 EatPass shall be entitled to assign all or any of its rights or obligations hereunder in whole or part to an affiliate or successor or to a purchaser or acquirer of its business assets relating to EatPass Service without the User’s prior consent.
11.2 The User shall not be entitled to assign any of its rights or obligations hereunder in whole or part.
Restarant Oy and its affiliated companies (“Restarant”), collect personal data of its customers and visitors of its websites whilst providing its services.
Restarant processes your data with due care, in accordance with all applicable laws and regulations.
Our Privacy Statement explains what data we process, how we do that and how you may use your rights as a data subject (e.g. right to object, right of access).
This Privacy Statement constitutes a description of the data file of the users of our services and websites as set out in the Finnish Personal Data Act (Sections 10 and 24).
This Privacy Statement may be updated from time to time. You can find the current version on our website www.eatpass.fi. This Privacy Statement applies to all personal data that Restarant processes during the execution of our services, including the personal data of visitors of the Eatpass websites.
This Privacy Statement only covers data processing carried out by Restarant. The Privacy Statement does not address and we are not responsible for, the privacy practices of any third parties.
1 Identity of the controller of the processing of your personal data
The controller of the processing of the personal information is:
Name: Restarant Oy
Company ID in Finnish Trade Register: 2783618-2
Correspondence address: Muurikinkatu 6 H 6, 20540, Turku
Telephone number: +358505321915
E-mail address: firstname.lastname@example.org
2 Personal data processed and sources of data
Restarant collects two types of information from our Users: (i) User Data; and (ii) Technical Data. Although we do not normally use Technical Data to identify you as an individual, you can sometimes be recognized from it. In such situations, Technical Data can also be considered personal data under applicable laws.
We may collect and process the following User Data about our customers and visitors: (i) first and last name; (ii) address details, (iii) telephone number, (iv) e-mail address, (v) date of birth, (vi) your location when you use our services, (viii) other personal data you provide yourself, including pictures, for example when creating a profile, in correspondence and by phone, (ix) information that you provide when rating our services.
We may collect User Data from our customers and visitors in a variety of ways, including, when they register to our services, subscribe to a newsletter or fill out a form. We will collect User Data from customers and visitors only if they voluntarily submit such information to us.
We and/or our authorized third party service providers, may automatically collect Technical Data when you visit or interact with our services or sites. Technical Data may include the browser name, the type of computer or device, time spent on website, interaction with the Services, URL of the website you visited before and after visiting the Services, the time and date of user visits, surfing habits, IP address, operating system and the Internet service providers utilized and other similar technical information.
3 Purposes and legitimate grounds for the processing of your personal data
There are several purposes of the processing of your personal data by Restarant:
To provide our services and carry out our agreement with you
Restarant processes your personal data in the first place to be able to deliver our services to you and to run, maintain and develop our businesses. If you contact our customer service, we will use the information provided by you to answer your questions or solve your complaint. In order to ensure that our services are in line with your needs, these data can be used for things like customer satisfaction surveys. We might also request another party to do this for us.
For customer communication (including marketing)
Restarant processes your personal data to contact you regarding our services and to inform you of changes to our services and products. Your data are also used for research and analysis to improve our services and our websites. We may also use your data entered on our websites in certain cases to send information by e-mail about other services of Restarant to you, provided that you have given us consent to that.
For quality improvement and trend analysis
We may also process information about your use of the services to improve the quality of our services e.g. by analysing any trends in the use of our services. When possible, we will do this using only aggregated, non-personally identifiable data.
Legitimate grounds for processing
Restarant processes your personal data to perform our contractual obligations towards you and to comply with legal obligations. Furthermore, we process your personal data to pursue our legitimate interest to maintain and develop our businesses.
4 Transfer to countries outside Europe
Restarant may transfer your personal data to countries outside the European Union and the European Economic Area. When we transfer any data to a country for which no adequacy decision of the European Commission exits, such transfer will be subject to the provisions of the (standard or other) clauses adopted by the European Commission. If you wish to know more about international transfers of your personal data, you may contact us via the contact details above.
We only share your personal data within the organization of Restarant if and as far as reasonably necessary to perform and develop our services, e.g. with our customer service and marketing employees.
We do not share your personal data with third parties outside of Restarant unless one of the following circumstances applies:
It is necessary for the purposes of this Privacy Statement
To the extent that third parties (such as reviews created with EatPass application) need access to personal data to perform such services, Restarant has taken the appropriate contractual and organizational measures to ensure that your data are processed exclusively for the purposes specified in this Privacy Statement and in accordance with all applicable laws and regulations. Furthermore, we may provide your personal data to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in accordance with our Privacy Statement and any other appropriate obligations of confidentiality and security measures.
For legal reasons
We may share your personal data with third parties outside Restarant if we have a good-faith belief that access to and use of the personal data is reasonably necessary to: (i) meet any applicable law, regulation, and/or court order; (ii) detect, prevent, or otherwise address fraud, security or technical issues; and/or (iii) protect the interests, properties or safety of Restarant, our users or the public as far as in accordance with the law. When possible, we will inform you about such processing.
For other legitimate reasons
With your explicit consent
We may share your personal data with third parties outside Restarant for other reasons than the one mentions before, when we have your explicit consent to do so, unless such is necessary for the provisions of our services. You have the right to withdraw this consent at all times.
6 Storage period
Restarant does not store your personal data longer than is legally permitted and necessary for the purposes for which the data were collected. The storage period depends on the nature of the information and the purposes of processing. The maximum period may therefore vary per use. In general, we store data for the provision of services for a maximum of two years after our relation ended.
7 Your rights
Right to access
Restarant offers you access to the personal data we process. This means you can contact us asking us to inform you about your personal data that we have collected and processed and the purposes such data are used for. We may charge a processing fee in case less than 12 months have passed since your last data request.
Right to correct
You have the right to have incorrect/unprecise, incomplete, outdated, or unnecessary personal data we have stored about you corrected or completed by contacting us.
Right to deletion
You may also ask us to delete your personal data from our systems. We will comply with such request unless we have a legitimate ground to not delete the data. After the data have been deleted, we may not immediately be able to delete all residual copies from our active servers and backup systems.
Right to object
You may object to certain use of your personal data if such data are processed for other purposes than necessary for the performance of our services or for compliance with a legal obligation. You may also object any further processing of your personal data after prior given consent. If you object to the further processing of your personal data, this may lead to fewer possibilities to use our websites and other services.
You have the right to opt out of receiving electronic direct marketing communications from us by clicking on the opt-out link provided in all marketing communications we send you, and choosing not to receive marketing communications from us in the future. You also have the right to prohibit us from using your personal data for direct marketing purposes, market research and profiling by contacting us on the addresses indicated above.
Right to restriction of processing
You may request us to restrict certain processing of your personal data. If you restrict certain processing of your personal data, this may lead to fewer possibilities to use our websites and other services.
Right to data portability
You have the right to receive your personal data from us in a structured, commonly used format in order to transmit the data to another controller.
How to use your rights
You may use these rights by sending a letter or e-mail, including your name, address, phone number and a copy of a valid ID to us on the addresses set out above. If your request regards personal data in a cookie, you have to enclose a copy of the said cookie. We may request the provision of additional information necessary to confirm your identity. We may reject requests that are unreasonably repetitive, excessive or manifestly unfounded. In case you consider our processing activities of your personal data to be inconsistent with the applicable data protection laws, you may lodge a complaint with the local supervisory authority for data protection.
8 Information security
We will take all reasonable, appropriate security measures to protect Restarant and our customers from unauthorized access to or unauthorized alteration, disclosure or destruction of personal data we hold. Measures include, where appropriate, encryption, firewalls, secure facilities and access rights systems. Should despite of the security measures, a security breach occur that is likely to have negative effects to your privacy, we will inform you about the breach as soon as reasonably possible.
9 Applicability and changes
Our Privacy Statement applies worldwide, to all the services offered by Restarant. This Privacy Statement is published in English as well as in other languages. In the event of any differences of interpretation between the versions, the English version is always decisive and binding. Our Privacy Statement may change from time to time. You can find the current version on our website eatpass.fi. We will not make substantial changes to this Privacy Statement or reduce your rights under this Privacy Statement without providing you with a notice.