Wix Restaurants Privacy Policy

Last Revised: August 1st, 2016

Welcome to the Wix Restaurants Privacy Policy, brought to you by Wix.com!

 

This policy specifically pertains to the Wix Restaurants service, which is designated to allow visitors and customers of participating restaurant websites to place orders from such participating restaurants. It describes how we may collect and use personal information pertaining to such visitors and customers, and the rights and choices available to them regarding such information.

We strongly urge you read this policy (together with the Wix Restaurants Terms of Service) and make sure you fully understand and agree with them, before you access or use the Wix Restaurants service. If you do not read, fully understand and agree to this Privacy Policy, you must immediately avoid or discontinue all use of our services.

Capitalized terms which are not defined herein shall have the meaning ascribed to them in the Wix Restaurants Terms of Service.

1. Acknowledgment (please read carefully!)

This Wix Restaurants Privacy Policy (“Privacy Policy”) describes how we (Wix.com Ltd., together with its affiliated companies worldwide – “Wix”, “we” or “us”) may collect and use information pertaining to visitors and customers (“Website Visitor(s)”, “Customer(s)”, or “you”) of restaurant websites (each, a “Participating Restaurant”) utilizing the Wix Restaurants service (the “Service”).

 

This Privacy Policy constitutes a binding and enforceable legal contract between Wix and you - so please read it carefully.

 

By accessing or using the service, you acknowledge that you read our Privacy Policy and in accessing and using the Service you have full acknowledge about how Wix collects and processes your Personal Information as defined and explained below.


Please note: you are not obligated by law to provide us with any information. You hereby acknowledge, warrant and agree that any information you do provide us is provided of your own free will and consent, for the purposes and uses described herein.

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This policy describes Wix Restaurants’ privacy practices – what information we collect on visitors and customers of the service, how we collect it, what we do with it, how we protect it, and your rights regarding your information.

By accessing or using the service, you acknowledge that you read our Privacy Policy.

2. What Information Do We Collect?

We collect two types of information regarding Website Visitors and Customers:

  1. Un-identified and non-identifiable information pertaining to a Website Visitor or un-identified Customer, which may be made available to us, or collected automatically via his/her access a Participating Restaurant’s website and/or to the Service utilized thereby (“Non-personal Information”). Such Non-personal Information does not enable us to identify the Website Visitor or Customer from whom it was collected. The Non-personal Information collected by us mainly consists of technical and aggregated usage information, such as Website Visitors’ and Customers’ browsing and ‘click-stream’ activity on the Participating Restaurant’s website and the Service, session heatmaps and scrolls, non-identifying information regarding the Website Visitor’s or Customer’s device, operating system, internet browser, screen resolution, language and keyboard settings, internet service provider, referring/exit pages, date/time stamps, etc.

  2. Individually identifiable information, namely information that identifies an individual or may with reasonable efforts cause the identification of an individual, or may be of private or sensitive nature (“Personal Information”). The Personal Information collected by us mainly consists of contact details (e.g., e-mail address or phone number), billing details (name, physical billing address, payment method and transaction details), details regarding a browsing or usage session (IP address, Geo-location and/or device unique identifier), details regarding connected third-party accounts (such as the e-mail or username for a connected PayPal, Google or Facebook account), scanned identification documents provided to us (such as an ID card, driver’s license, passport or official company registration documents), correspondences (including those made through or uploaded to our Services), and any other Personal Information provided to us by Visitors and/or Users through their access to and/or use of the Services. For the avoidance of doubt, any Non-personal Information that is connected or linked to Personal Information (for example, in order to improve the Services we offer) is deemed and treated by us as Personal Information, as long as such connection or linkage exists.

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We collect two types of information: Personal Information (which could be used to uniquely identify an individual) and Non-personal Information (which is non-identifying).

 

We collect such information regarding visitors and customers of participating restaurants’ websites, and anyone else who may provide it to us.

3. How Do We Collect Such Information?

There are two main methods we use:

  1. We collect information through your use of the Services. In other words, when you access or use our Service, including when you browse the Participating Restaurant’s website, we are aware of it any may gather, collect and record such uses, sessions and related information, either independently or with the help of third-party services as detailed in Section ‎6 below, including through the use of “cookies” and other tracking technologies, as further detailed in Section ‎7 below.

  2. We collect information which you provide us voluntarily. For example, we collect the Personal Information you provide us when you sign-up or sign-in to our Service; when you access and use our Service; and/or when you contact us directly. 

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When you visit or use our services – you may also provide us with certain information (either automatically through your uses, or by manually submitting it).

4. Why Do We Collect Such Information?

We collect such Non-personal and Personal Information for the following purposes:

  1. To provide and operate the Service, including for identifying Customers and enabling them and Participating Restaurants to place and accept Orders;

  2. To further develop, customize and improve our Service, based on Website Visitors’ and Customers’ common or personal preferences, experiences and difficulties;

  3. To enable Participating Restaurants to better interact and engage with their Website Visitors and Customers (and vice versa), and provide everyone with a better user experience;

  4. To To be able to contact Customers with general or personalized service-related notices and promotional messages (as further detailed in Section ‎8 below);

  5. To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we, Participating Restaurants or our business partners may each use to provide and improve any of our respective services;

  6. To enhance our data security and fraud prevention capabilities; and

  7. To comply with any applicable laws and regulations.

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We collect and use information in order to provide our services and make them better and safer.

 

We also collect and use information in order to contact our users, and in order to comply with the laws applicable to us.

5. Where Do We Store Your Information?
5.1. Website Visitors’ and Customers’ Personal Information:

may be maintained, processed and stored by Wix and our authorized affiliates and service providers in the United States of America, in Europe (including in Lithuania, Germany and the Ukraine), in Israel, and in other jurisdictions as necessary for the proper delivery of our Services and/or as may be required by law (as further explained below).

Wix.com Ltd. is based in Israel, which is considered by the European Commission to be offering an adequate level of protection for the personal information of EU Member State residents.

Wix affiliates and service providers that store or process your Personal Information on Wix’s behalf are each committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.

5.2. U.S. – E.U. and U.S. – Swiss Safe Harbor and Privacy Shield Frameworks:

Wix complies with the U.S. – E.U. Safe Harbor framework and the U.S. – Swiss Safe Harbor framework, as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. Wix has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view Wix’s certification, please visit http://www.export.gov/safeharbor. While the validity of the U.S. – E.U. Safe Harbor framework has been recently rejected by the EU Court of Justice, Wix continues to adhere to its core principles, solely as a supplementary measure for further protecting and enhancing our Website Visitors’ and Customers’ privacy (and without derogating from our commitment to follow all applicable legal requirements). If you have any questions about our Safe Harbor participation, please contact us using the information below.

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We may store and process personal information subject to this policy in the USA, Europe, Israel, or other jurisdictions, whether by ourselves or with the help of our affiliates and service providers.

Wix’s data storage providers are committed to protect and secure your data.


Among other things, Wix adheres to the Safe Harbor Privacy Principles, for further protecting and enhancing our users’ privacy.

5.3. Data Localization Obligations: 

If you reside in a jurisdiction that imposes “data localization” or “data residency” obligations (i.e., requiring that Personal Information of its residents be kept within the territorial boundaries of such jurisdiction), and we become aware of that, we may maintain your Personal Information within such territorial boundaries, if we are legally obligated to do so. For example, if we learn that you reside in the Russian Federation, we may be required to maintain your Personal Information there, whether independently or with a local data storage and processing provider.

You acknowledge and agree that while doing so, we may continue to collect, store and use your Personal Information elsewhere, including in the United States of America as explained above.

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Some jurisdictions require us to maintain and store their residents’ information locally.

We may also collect, process, store and use such information elsewhere, including in the USA.

 
6. Sharing Personal Information with Third Parties

Wix may share your Personal Information with third parties (or otherwise allow them access to it) only in the following manners and instances:

6.1. Participating Restaurants and Third Party Payment Services:

Once you place an Order via the Service, we will share your Order details – together with the Personal Information you submitted as part of that Order – with the relevant Participating Restaurant. Your Order’s payment details may also be shared with the relevant Third Party Payment Service. If you would like to make any requests or queries regarding your Personal Information that is maintained by such Participating Restaurant and/or Third Party Payment Service, please contact it directly.

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We may share your information with certain third parties, including our service providers, law enforcement officials and participating restaurants.

The information may be shared only in accordance with this policy.

6.2. Third Party Services:

Wix has partnered with and/or enables you and Participating Restaurants to use the services of a number of selected service providers, whose services and solutions complement, facilitate or enhance our own. These include billing and payment processing services, restaurant and business directories and review websites, hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, domain name registrars, fraud detection and prevention services, web analytics, e-mail distribution and monitoring services, session recording and remote access services, performance measurement and data optimization services, content providers, and our legal and financial advisors (collectively, “Third Party Service(s)”).

Such Third Party Services may receive or otherwise have access to Website Visitors’ and Customers’ Personal Information, in its entirety or in part – depending on each of their particular roles and purposes in facilitating and enhancing our Service and/or Participating Restaurants’ services, and may only use it for such purposes.

6.3. Law Enforcement, Legal Requests and Duties:

Wix may disclose or otherwise allow others access to your Personal Information pursuant to a legal request, such as a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have a good faith belief that the law requires us to do so, with or without notice to you.

6.4. Protecting Rights and Safety:

Wix may share your Personal Information with others if we believe in good faith that this will help protect the rights, property or personal safety of Wix, yourself, any of our users or Customers, or any member of the general public, with or without notice to you.

6.5. Social Media Features and Framed Pages:

Our Service includes certain Social Media features and widgets, such as the “Facebook Connect” or “Google Sign-in” features or other interactive mini-programs (“Social Media Features”). These Social Media Features may collect information such as your IP address or which page you are accessing our Service, and may set a cookie to enable them to function properly. Social Media Features are either hosted by a third party or hosted directly on our Service. Your interactions with these third parties are governed by their policies and not ours.

6.6. Wix Subsidiaries and Affiliated Companies: 

We may share Personal Information internally within our family of companies, for the purposes described in this Privacy Policy. For example, we may share your Personal Information with Wix.com Inc., our US-based subsidiary, in the course of facilitating and providing you with our Service. In addition, should Wix or any of its affiliates undergo any change in control, including by means of merger, acquisition or purchase of substantially all of its assets, your Personal Information may be shared with the parties involved in such event. If we have a good faith belief that such change in control might materially affect your Personal Information then stored with us, we will notify you via e-mail and/or prominent notice on the Service of this event and certain choices you may have regarding your Personal Information.

For the avoidance of doubt, Wix may share your Personal Information in manners other than as described above, pursuant to your explicit approval, or if we are legally obligated to do so.

Moreover, Wix may transfer, share, disclose or otherwise use Non-personal Information in its sole discretion and without the need for further approval.

 
7. Use of Cookies and Other Tracking Technologies

Wix, together with its marketing, analytics and technology partners, uses certain monitoring and tracking technologies (such as cookies, beacons, pixels, tags and scripts). These technologies are used to collect or receive information which is necessary for us to maintain, provide and improve our Service on an ongoing basis, for both Website Visitors and Customers. For example, thanks to these technologies, we are able to maintain and keep track of Website Visitors’ and Customers’ preferences and authenticated sessions, to better secure our Service, to identify technical issues, user trends and effectiveness of campaigns, and to monitor and improve the overall performance of our Service.

 

Please note that Third Party Services placing cookies or utilizing other tracking technologies through our Service may have their own policies regarding how they collect and store information. Such practices are not covered by our Privacy Policy and we do not have any control over them. 

 

Cookies: In order for some of these technologies to work properly, a small data file (“cookie”) must be downloaded and stored on your device. By default, we use several persistent cookies for purposes of session and user authentication, security, keeping the Customer’s preferences (e.g., regarding default language and settings), connection stability (e.g., for uploading media, using e-Commerce features, etc.), monitoring performance of our services and marketing campaigns, and generally providing and improving our Service.

If you want to delete or block any cookies, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies. Information on deleting or controlling cookies is also available at www.AboutCookies.org (note that this website is not provided by Wix, and we therefore cannot ensure its accuracy, completeness or availability).

Please note that deleting our cookies or disabling future cookies or tracking technologies may prevent you from accessing certain areas or features of our Service, or may otherwise adversely affect your user experience.

 

Clear Gifs: We and certain Third Party Services may employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), which enables them and us to improve our Service by measuring their effectiveness and performance. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, however unlike cookies these are not stored on your device, but are instead embedded within our Service.

 

Flash and HTML5: We and certain Third Party Services may also employ certain tracking technologies known as “Flash cookies” and “HTML5”, mainly for advertising purposes. Various browsers may offer their own management tools for removing or blocking such technologies. Additional information about managing Flash cookies is available here (note that this website is not provided by Wix, and we therefore cannot ensure its accuracy, completeness or availability)

 

Behavioural Targeting/Re-Targeting: Certain Third Party Services and ad networks may display advertising on our Service or manage our advertising on other websites. Such parties may use tracking technologies to collect certain information about your activities on the Service and different third party websites to provide you with targeted advertising based on your interests and preferences. You may opt-out of receiving targeted ads from certain advertisers and ad networks via various third party services, such as the TRUSTe service by clicking here, via AboutAds.info by clicking here, or if you are located in the European Union, via YourChoicesOnline.eu by clicking here. Please note this does not opt you out of receiving any advertising.


“Do Not Track” Signals: Please note that we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application.

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We and certain third party services may use cookies and similar tracking technologies throughout our services.

These technologies are used mostly for stability, security, functionality, performance and advertising purposes.

You may block, opt-out of or otherwise manage such tracking technologies by yourself, through your browser settings or other sources – but please note that this may adversely affect the way you experience our services.

 
8. Communications from Wix
8.1. Promotional Messages:

By signing-up to the Service and providing Wix with your e-mail address or any other contact information (such as your phone number or Connected Account information), you expressly agree to receive promotional content, messages or calls from the Participating Restaurants through such means.

Accordingly, Participating Restaurants shall be entitled to call you or send you promotional content or messages by e-mail, SMS, direct text messages, marketing calls and similar forms of communication.

If you wish not to receive such promotional messages or calls, you may notify the Participating Restaurants, at any time or follow the “unsubscribe” or STOP instructions contained in the promotional communications you receive (if any).

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You agree that we or our partners may send you promotional messages and content.
You can easily opt-out of receiving promotional messages by contacting us or using the “unsubscribe” options provided by us.

8.2. Service and Billing Messages:

Wix may also contact you with important information regarding our Service, or your use thereof.

For example, we may send you a notice (through any of the means available to us) if a certain Service is temporarily suspended for maintenance; reply to your support ticket or e-mail; send you notices, reminders or alerts regarding billing and payments; or notify you of material changes in our Service.

You will not be able to opt-out of receiving such Service and Billing Messages.

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We may also contact you with service and billing-related messages and content. You will not be able to opt-out of receiving such messages.

 
9. Accessing Your Personal Information

If you wish to access and/or request us to make corrections to the Personal Information that you have stored with us, or wish to request a list of what Personal Information (if any) pertaining to you we disclosed to third parties for direct marketing purposes (in accordance with the California Civil Code Section 1798.83, as applicable), feel free to send us an e-mail to privacy@wix.com or mail your request to Wix.com, 40 Namal Tel Aviv St., Tel Aviv 6350671, Israel, and we will respond within a reasonable timeframe and in accordance with any applicable law.

Note that you may also correct, update or remove certain parts of such Personal Information by yourself, or completely deactivate your Customer Account, through your Customer Account settings.

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You may request to access or correct the personal information you have stored with us, by sending us an e-mail or letter. You may also correct, update or remove certain information, or deactivate your account, through your account or website settings.

 
10. Data Retention

We may retain your Personal Information for as long as your Customer Account is active or as otherwise needed to provide you with our Service.

We may continue to retain such Personal Information even after you deactivate your Customer Account and/or cease to use the Service, as reasonably necessary to comply with our legal obligations, to resolve disputes concerning Customers and/or Participating Restaurants, prevent fraud and abuse, enforce our agreements and/or protect our legitimate interests.

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We may keep your information for as long as your account is active, and longer as needed (for example, if we are legally obligated to keep it further, or need it to protect our interests).

 
11. Security

Wix has implemented security measures designed to protect the Personal Information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to most areas on our Service; the transmission of sensitive payment information (such as a credit card number) through our designated Order forms is protected by an industry standard SSL/TLS encrypted connection; and we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third Party Services for further enhancing the security of our Service and protecting Customers’ privacy.

However – regardless of the measures and efforts taken by Wix, we cannot and do not guarantee the absolute protection and security of your Personal Information by Wix or anyone else. We therefore encourage you to avoid providing us with any sensitive information which you believe its disclosure could cause you substantial or irreparable harm.

Furthermore, because certain areas on our Service are less secure than others (for example, if you browse to a non-SSL page), we request and encourage you not to share any Personal Information on any such areas or via any such methods.

If you have any questions regarding the security of our Service, you are more than welcome to contact us at privacy@wix.com.

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We are committed to securing your personal information, and use various security measures to better protect it.

However, as we can’t guarantee absolute protection – we encourage you to be careful, protect your account’s login credentials, and avoid submitting any sensitive information which, if exposed, could cause you major harm.

 
12. Terms of Service, Updates and Interpretation

Your use of our Service, and any disputes arising from it, is subject to this Privacy Policy as well as the Wix Restaurants Terms of Service and all of its general provisions including disclaimer of warranty, limitation of liability and indemnity.

 

This Privacy Policy, its interpretation, and any claims and disputes related hereto, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Israel, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Tel Aviv, Israel.

 

We may update this Privacy Policy to reflect changes to our information collection, usage and storage practices regarding the Service. If we make any changes that we deem as “material” (in our sole good faith discretion), we will notify you (in of the notification methods set forth in Section 9.4 of the Wix Restaurants Terms of Service) prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Except if and as stated otherwise, our most current Privacy Policy applies to all information that we have about you specifically with respect to the Service.

Any heading, caption or section title contained herein, and any explanation or summary under the right “#ItsThatEasy” column, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.

This Privacy Policy was written in English, and may be translated into other languages for your convenience. If a translated (non-English) version of this Privacy Policy conflicts in any way with its English version, the provisions of the English version shall prevail.

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As noted in the Wix Restaurants Terms of Service, we disclaim all warranties and shall not be liable for any damages (subject to applicable law).

This policy shall be governed by the laws of the State of Israel. Any disputes between us may only be brought before the courts of Tel Aviv, Israel.

 

We may change this policy at any time. We will notify you of any material changes.
 

Only the left column is legally binding (this column is just for clarity).

Translated (non-English) versions of these terms are provided for convenience only.

 
13. ​Contacting Us

If you have any questions about this Privacy Policy, please contact us at privacy@wix.com.

You may also contact us by mail at: 40 Namal Tel Aviv St., Tel Aviv, Israel.

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Have any questions or suggestions? We’d love to hear them!