Browsing Data (e.g. webpages you visited/viewed, internet browser, access dates and times, which features you used, duration of visit, crashes and other system activity, and third-party sites you were interacting with before using our Service). This information is generally collected from you or third parties.

Communications or Marketing (e.g. any information you submit about restaurants on our platform including ratings, tags, reviews, photos or comments, discussions through the Website or App, tags, your preferences in receiving emails and direct marketing from us, and information you submit when you contact Zesto support). This information is generally collected from you or from third parties.

Survey Data (e.g. if you choose to participate in one of our User surveys or research initiatives, we collect your answers and use the information and survey results to help us understand our users and tailor our service offerings). This information is generally collected from you.

Career Data (e.g. if you apply for employment with Zesto, we will collect the employment information you submit, including name, contact information, and résumé). This information is generally collected from you.

Invitations to Friends & Family

If you wish to refer friends or family members to Zesto, you may share your referral code individually with those friends or family members.

Zesto does not directly collect any personal information when you share your referral code with a friend or family member. You will, however, receive certain communications from us about your referrals. For example, you will be notified if your friend or family member accepts the referral offer and when they make their first purchase. We may also use the referral code for the purposes of crediting their/your account with any referral offer to which you may both be eligible.

Above all, nobody likes spam! Please only share your referral code or refer friends or family members who you know are interested in using our Service.

Restaurant Referrals

You may request that your favourite restaurants join Zesto through the App or through our Website.

Other Zesto Products

When requesting ingredient information from a restaurant through Zesto, Zesto collects, uses and stores your personal information in accordance with the terms of this Privacy Policy. Zesto may also share some of your personal information such as Profile and/or Transaction Data with the restaurant.

How we collect your personal information

We collect personal information about you in the following ways:

Information you give us

• register an account, submit comments or reviews on the Website or the App
• use our Website or App
• contact our customer support services
• complete a survey
• communicate through the Website or App

Information we collect from others

We collect personal information from others about you. For example:

• users providing information in connection with our referral program: 1) Unless or until you activate your referral code, we may store your personal information as provided by the referrer to provide you with a relevant offer. 2) If you decide to activate the referral code, we will use the personal information you provide us (including your name and email address) for the purposes of processing the relevant offer and answering any queries you may have. Once you open an account with us, we will credit your account and continue to use your personal information in accordance with this Privacy Policy
• users providing your information as part of a dispute
• business partners such as third-party payment providers, social media services, data aggregators, or other apps and websites that Zesto has integrated with
• marketing service providers

Purpose for using your personal information

Below we explain the main purposes for which we use your personal information and the legal basis for processing your data:

Profile Data

Your Profile Data may be used to assist you when you contact User support, to direct your inquiry appropriately, and follow-up to ensure the inquiry has been satisfied.

We may share your Profile Data with restaurants on our platform for the purpose of managing the relationship with you, including to fulfil your ingredient information requests.

We may share your Profile and Transaction Data with partner apps should you choose to register and access Zesto through those apps. The purpose is to improve our Service and manage our relationship with you.

Zesto may also share with restaurants on our platform analytics on App usage and customer trends, including first name and last initial of the top customers of the month, for example, for promotional purposes. We do not share your contact information with restaurants on our platform without your express consent.

Our legal basis for processing this information includes:

• consent
• performance of a contract with you
• our legitimate interest to communicate with restaurants about trends in user uptake of Zesto services, and to help us and restaurants on our platform improve services with our users

Contact Data

Your Contact Data may be used to assist you when you contact user support, direct your inquiry appropriately, and to follow-up to ensure the inquiry has been satisfied. This may include sharing specifics about customer reviews and complaints with restaurants on our platform.

Your Contact Data may also be used to facilitate order fulfilment, communicate with you about your activity, our Service, your account, and, if we have your prior consent, about Zesto news, special offers, and events. We may also contact you about studies and surveys, if you have permitted us to do so.

We may communicate with you via text message for various reasons. Standard text message and data rates may apply. If you wish to stop receiving text messages from Zesto, respond to one of our text message with the word ‘STOP’.

Our legal basis for processing this information includes:

• consent
• performance of a contract with you
• our legitimate interest to contact you about our Services and your account information

Financial Data

Financial Data is used to process payments for your orders. Your full payment details are provided to a third-party payment processing provider. We do not receive or retain your full financial information.

Information that you supply to our payment processing provider is not within our control and is subject to the provider’s own privacy policy and terms and conditions. We may change our payment processing providers from time to time and will update this Privacy Policy to reflect such changes.

Our legal basis for processing this information includes:

• performance of a contract with you
• our legitimate interest to fulfill order or request and prevent fraud

Location Data

Location Data is used to show you restaurants near you, personalize our marketing content to you, and offer you local promotions and discounts, where applicable.

Location Data is also used to address user or restaurant support, technical, or business issues that may arise in the course of your use of the Services.

Depending on which other products or services you use, we may also collect your precise or approximate location through your IP address or Wi-Fi. For example, this can help identify whether you have eaten at a restaurant that you have previously submitted an ingredient information request with.

We collect location information when our App is running in the foreground (i.e. when you are actively using the App).

In some circumstances such as when you are using the Website or App, you may use Zesto without enabling us to track your location. Doing so may affect the functionality available to you. For example, we would not be able to connect you to restaurants near you.

We may also combine your Profile Data with your Location Data or with other third-party data to draw inferences about where you work.

Our legal basis for processing this information includes:

• our legitimate interest to prevent fraud, improve our services and provide appropriate support services to you, improve our business
• our legitimate interest to provide administration and IT services, network security, and to maintain the technical operations of our services

Transaction Data

Transaction Data may be used to assist you when you contact user support, to direct your inquiry appropriately, and follow-up to ensure the inquiry has been satisfied. This may include sharing specifics about customer reviews and complaints with restaurants. It may also be used:

• to facilitate order fulfilment or ingredient information requests . If you place an order via Zesto, your order and Profile Data may be shared with our restaurants for the purpose of fulfilling your order
• to credit your Zesto Reward account and otherwise for administering the loyalty program
• for internal analytical and business improvement purposes

Restaurants may be provided with access to your order history to improve services delivered to you.

Our legal basis for processing this information includes:

• consent
• performance of a contract with you
• our legitimate interest to provide relevant offers to you, understand how you use our services, grow our business and to inform our business and marketing strategies

Browsing Data

Browsing Data may be used to:

• troubleshoot software bugs and address operational problems;
• personalize our services and communications. Personalization features may include showing you recommendations while content features include allowing you to share reviews, ratings, tags, and discussions;
• for testing, research, analysis, and development of our Services.

We may also share this information with third parties for industry analysis and statistics such as Google Analytics.

Our legal basis for processing this information includes:

• our legitimate interest to improve our services, troubleshoot software bugs and operational problems, deliver relevant content to you.

Communications or Marketing Data

If you have placed an order or an ingredient information request through the App, we may send push notifications to your mobile phone or email to let you know the ongoing status of your order or ingredient information request. If you do not want to receive push notifications, you can always withdraw your consent by changing your settings via the settings page of your mobile device.

Zesto may use content you submit such as aggregate ratings, comments, or photos to make recommendations to other Users and to facilitate the operations of our business.

Zesto may also allow users to communicate with Restaurants. These messages, should you choose to participate, may be accessible to restaurants and by us. Zesto may also allow restaurants to communicate with users. For example, a restaurant may contact you directly if there is a problem with your order or ingredient information request.

The Website and the App may offer publicly accessible blogs and community forums. We will use your personal information such as your name, email address, the messages or content you choose to post to administer and provide you with these services.

Only where we have your prior consent to do so, Zesto may also use your Contact Data to send you general updates regarding Zesto news, special offers, promotions, and contests.

If you have entered your information into one of our in-store devices, we may follow up with you regarding your inquiry. We may also display tailored advertisements on third-party websites and other platforms. If you do not wish to receive direct marketing communications from Zesto, you can adjust your email preferences in the App or by clicking the unsubscribe link in our email message to you.

Even if you opt-out of receiving direct marketing, we may still send you non-promotional messages to administer your account and/or for purposes of facilitating, completing or confirming a commercial transaction that you have previously agreed to enter into with us. For example, we may send you an email if we have made material updates to this Privacy Policy or Terms and Conditions of Service.

Our legal basis for processing this information includes:

• consent
• performance of a contract with you
• our legitimate interest to communicate with you about your account and other administrative issues

Survey Data

We may offer you the opportunity to participate in one of our user surveys or research. Participation in user surveys or research is completely optional. If you choose to participate, we use the information and survey results to help us understand our users and to tailor and enhance our service offerings and promotions.

Our legal basis for processing this information includes:

• consent

Career Data

Your Career Data may be used to register and process your application, determine your qualifications for the position for which you have applied, and to contact you.

Our legal basis for processing this information includes:

• consent
• our legitimate business interests to evaluate your credentials for possible employment at Zesto

Sharing your personal information

We may share your data for the following legitimate purposes:

Service Providers

We employ third-party service providers (e.g. back-end data analysis, data security monitoring and assessment, customer support services, payment processors, etc.) and individuals in Canada, the United States or other countries and in each of the locations where Zesto is present, to facilitate or provide certain services on our behalf, such as to process payments, provide user support, provide geo-location information to restaurants, to host our job application form, to perform Website-related or App-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website's features or the App's features) or to assist us in analyzing how our Service is used.

These third parties have access to your personal information only to perform these tasks on our behalf and are contractually bound not to disclose or use it for any other purpose.

Sale of Business

We may transfer any information we have about you as an asset in connection with a proposed or completed merger or sale (including transfers made as part of insolvency or bankruptcy proceedings) involving all or part of Zesto or as part of a corporate reorganization or other change in corporate control.

Legal Requests

Zesto, our businesses around the world, and other service providers may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an organization in the case of a breach of an agreement or contravention of law, or as otherwise required or permitted by applicable Canadian, US, English or other applicable law.

Zesto may also disclose your personal information to the extent that this is legally required or necessary for the establishment, exercise or defence of legal claims and legal process; to investigate or prevent actual or suspect loss or harm to persons or property; to detect, prevent or suppress fraud; or in the event of an emergency pertaining to your health and/or safety; or to our auditors, legal advisors and other professional advisors.

International transfers

Your personal information may be transferred outside the jurisdiction in which you are situated and may become subject to the laws of the receiving jurisdiction, which may differ from the laws of your jurisdiction. By using our Services, you consent to the transfer of your personal information outside of your jurisdiction for the purpose of storing your personal information or processing it.

Where your personal information is transferred to a Zesto service provider, we take reasonably necessary steps to ensure that your personal information is subject to appropriate safeguards, such as recognized legal adequacy mechanism, Standard Contractual Clauses approved by the European Commission or other approved or legal method, and that it is treated securely and in accordance with this Privacy Policy.

Cookies and other similar technologies

Zesto uses cookies and other related technology such as Google Analytics on the App and Website to distinguish you from other users. For more information about the cookies we use (and the purposes for which we use them), and how to block them, please see our Cookie Policy for more information.

Legal rights

Subject to certain limitations and depending on the privacy laws applicable to you, you may have the following legal rights to your personal information:

• Right to openness about Zesto’s collection, use and disclosure of your personal information. You have the right to be informed in a manner that is clear, transparent and accessible.
• Right to access or correct your personal information held by us.
• Right to delete or remove certain of the personal information held by us.
• Right to request that we restrict the processing of your personal information.
• Right to object to certain processing of your personal information, including the right to object to marketing, and request that your personal information be moved to a third-party. You can object by changing your marketing and email preferences, disabling cookies as set out above and in our Cookie Policy, and opting out at any time from allowing further access by us to your location data by updating settings on your device. You can also stop all information collection by un-installing the App.
• Right to obtain your personal information in an accessible and transferable format so that you can re-use it for your own purposes with other service providers.
• Where we rely on your consent to process personal information, you may have the right to withdraw or decline your consent at any time and where we rely on legitimate interests, you have the right to object (as noted above).
• Right to receive non-discriminatory treatment for choosing to exercise your rights under applicable privacy legislation.

You have the right to lodge a complaint about the way we handle or process your information with the national data protection authority. For more information about your rights or to lodge a complaint, please visit the data protection authority in your jurisdiction.

Data retention period

We will retain your personal information until you cancel your Zesto account in order to meet our contractual obligations to you, to otherwise meet legal requirements or until it is no longer required for the purposes stated above.

Otherwise, we will de-identify your data, unless this data is necessary to comply with a legal obligation or resolve disputes. Alternatively, we will securely erase your information where we no longer require your information for the purposes collected.

Safeguarding your personal information

Our safeguards

Zesto takes appropriate technical, physical and organizational security measures to protect personal information in our custody and control against unauthorized access, use, modification and disclosure, and accidental loss, destruction and damage. For example, we use standard, industry-wide, commercially reasonable security practices such as encryption, firewalls and SSL (Secure Socket Layers) as well as physical safeguards at our locations where data is stored.

No security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet. Any transmission of information by you to Zesto is at your own risk. Where you have chosen a password that allows you to access our Website or App, you are responsible for keeping this password confidential. We strongly recommend that you do not share your password with anyone.

Third-party links

Our Website or App may contain links to other sites that Zesto does not own or operate. Except as provided in this Privacy Policy, we will not give any of your personal information to these third parties without your consent. We provide links to third-party websites as a convenience. These links are not intended as an endorsement of or referral to the linked websites.

The linked websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat your personal information.

Updates to Zesto’s Privacy Policy

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes to this policy, we will notify you by email and/or by means of a notice on the Website or App. We encourage you to periodically review this page for the latest information on our privacy practices.

Contacting Zesto

If you have any questions or comments about this Privacy Policy, any question or complaint about the manner in which we or our service providers treat your personal information, or if you wish to exercise any of your rights in relation to your personal information, please contact us at privacy@zesto.io.