Privacy Policy

UPDATED: May 26, 2020  

We are strongly committed to letting you know how we will collect and use your personal information.  The policies below are applicable to data and information collected through the Off the Menu application and all apps published by Off the Menu, the Off the Menu website, including www.offthemenuco.com (including any versions optimized for viewing on a wireless or tablet device), all other Off the Menu websites including www.theburgershowdown.com (including any versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed by Off the Menu and all other interactive features and communications provided by Off the Menu (“Application”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Off the Menu, Inc. (collectively “Off the Menu” or “we”, “us”, or “our”).  We have established this privacy policy (“Privacy Policy”) to let you know the kinds of personal information we may gather during your use of this Application, why we gather your information, what we use your personal information for, when we might disclose your personal information, and how you can manage your personal information.  

Please be advised that the practices described in this Privacy Policy apply only to information gathered online through our Application. It does not apply to information that you may submit to us offline or by companies or organizations to which we may link or who may link to us.

By using our Application, you are accepting the practices described in our Privacy Policy.  If you do not agree to the terms of this Privacy Policy, please do not use the Application.  We reserve the right to modify or amend the terms of our Privacy Policy from time to time without notice. Your continued use of our Application following the posting of changes to these terms will mean you accept those changes.  If we intend to apply the modifications or amendments to this Privacy Policy retroactively or to personal information already in our possession, we will provide you with notice of the modifications or amendments.

If you have any questions about this Privacy Policy or don’t see your concerns addressed here, you should contact us by email at support@offthemenuco.com

What Information About Me Is Collected and Stored?

We collect two basic types of information from you in conjunction with your use of the Application, personal information and non-personal information.  Personal information is information that you may supply to us, as described more fully below, i.e., when you obtain a subscription, complete a survey, register on the Application, upload content, participate in a community, or provide your e-mail address.  Personal information is any information that can individually identify you and includes, among other things, your name, e-mail address, telephone number, postal address, credit card, billing and contact information.  Non-personal information includes information that does not personally identify you, but it may include tracking and usage information about your location, demographics, use of the Application and the Internet.

Personal Information

As a general matter, you can browse the Application without submitting your personal information to us. However, there are a number of circumstances in which you may supply us or our agents with your personal information.  The following lists the most common ways in which we may collect your personal information.

  • Registration for an account on the Application

  • Registration for an event sponsored by Off the Menu

  • Profile information that You provide for Your user profile, including personal restaurant preferences and personal food and drink type preferences

  • Submitting an application to work at Off the Menu

  • Participation in surveys, promotions and giveaways

  • Signing up to receive alerts or other information via email, text or instant message from Off the Menu

  • Request for customer service, support requests or other assistance

  • Application related communications, e.g. account verification; technical notification

  • Participation in communities, commenting to blog entries and participation in other forums

  • Submission of content or other data and information on any part of the Application that permits it

  • Any other place on the Application where you knowingly volunteer personal information

Non-Personal Information

In addition, when you interact with the Application, we may collect certain information that does not identify you individually and our servers may automatically keep an activity log of your use of our Application (“Non-Personal Information”). Generally, we collect and store the following categories of Non-Personal Information:

  • Non-identifiable demographic data such as age, gender, and five digit zip code as part of collecting personal information

  • Device information about your computer, browser, mobile device, or other device that you use to access the Application. This information may include IP address, geolocation information, unique device identifiers, browser type, browser language, and other transactional information.

  • Analytics and usage information about your use of the Application.

  • Additional “traffic data” and log files such as time of access, date of access, software crash reports, session identification number, access times, and referring website addresses.

  • Other information regarding your use of the Application.

Collection of Your Source IP Address/Location Information

You understand that location awareness is a key component of this Application.  We may collect and store location information about you on the Application and associated with your account that you volunteer on the Application or enable through the Application or your device.  We will not collect any location information that you do not volunteer or enable and we will stop collecting that information if you disable location information.  We will delete any location information that you request is deleted.  We do collect and store your device’s source IP address which may disclose the location of your device at the time you access the Application.  

Use of Cookies, Flash Cookies, Web Storage, and Web Beacons

Like many websites, we use “cookies” and other that record your use, preferences and actions. We may also use cookies to monitor traffic, improve the Application and make it easier and/or relevant for your use.  We use both “session” cookies and “persistent” cookies.  We use cookies for the other purposes set out below:

  • We use cookies to remind us who you are and to find your account information in our database when you access a service so you do not need to log in at every visit. This helps us to provide you with service tailored to your specific needs and interests. A cookie is created when you register for a service

  • We use cookies to determine the browser the visitor uses so the site can be designed to work properly with the most common versions of different browsers

  • We use cookies in conjunction with sending you e-mail newsletters

  • Advertisers that place ads on the Application may use cookies

  • We use cookies in conjunction with analysis of your use of our website and generate analytics regarding our Application

  • We use cookies to estimate our audience size. Your browser is given a unique cookie that helps us determine whether yours is a repeat visit or a first visit

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. If you delete your cookies or if you set your web browser to decline cookies, some features of the Application may not work or may not work as designed.  For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.

We do not use flash cookies, web storage, web beacons or other technology that tracks your browsing history across multiple websites.

Off the Menu works with a variety of advertisers, advertising networks, advertising servers and analytics companies. These parties use various technologies, and technologies form third-party companies, to collect data in order to send and serve relevant advertising to users. These technologies may include the placement of cookies or web beacons, the use of HTML5 LocalStorage, the use of unique or non-unique non-personal identifiers and other technologies. These technologies may be used to track user behavior and serve you more relevant advertising. This relevant advertising may appear on our Application or other websites that you visit. This privacy policy does not cover the use of various technologies by advertisers, advertising networks, advertising servers, and analytics companies. These companies may also obtain information from services you use from other companies, including without limitation, other websites, mobile website, mobile downloadable applications, and downloadable applications, and combine that information with information they obtain through these third party technologies on our Application. You should be aware that Off the Menu does not have control over these third party technologies or the information contained in them. You should be aware that if you choose to opt out through other sites, this does not opt you out of being served advertising. The ads will just not be targeted to you by any party from which you have opted out. You can also opt out of future information collection from our Application by ceasing use of the Application or in the case of an application, uninstalling the application.

Information Regarding Fees, Charges and Taxes

At present Off The Menu offers premium subscription of our services starting at $20 per month, inclusive of taxes. We reserve the right to adjust pricing at any time. Any price changes to your membership will take effect on your next billing cycle upon notice communicated through an update on the Site or any other means deemed appropriate by Off The Menu staff.

From time to time, we or others on our behalf may offer you a promotion for your subscription at a reduced rate (Trial). Off The Menu may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law. All promotions/trials are only valid for new customers. All promotions/trials only apply to the first month of membership. We will begin billing your Payment Method for your subscription at the regular price ($20 at this time) after your promotion ends. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION WITHIN THE APP BEFORE THE END OF THE TRIAL.

Your credit card information is processed and securely stored by our partner Stripe (the “Payment Processor”), one of the leading companies in mobile app payment processing. Off The Menu does not store any of your credit card information. The processing of payments is subject to the terms, conditions and privacy policies of the Payment Processor in addition to the Terms here.

By signing up and purchasing your Off The Menu membership (“Membership”), you authorize us to charge you for your initial membership period and a recurring monthly or annual membership fee at the then current rate, which may update from time to time. You also authorize us to charge you any other fees you may incur in connection with your use of the Site. Your first Membership cycle, less any special discounts will be billed immediately at the time of purchase. Your Membership will automatically renew each month or year and you will be billed on the same date each month. We reserve the right to update the timing and date of our billing, and if we do, appropriate billing adjustments shall be applied to your account. In the case if you upgrade from a monthly to an annual Membership, your new effectively billing date will start immediately upon the purchase of the upgraded Membership, with a credit adjustment automatically applied to your new purchase amount towards any remaining days from the original monthly Membership period.

Membership fees or any other fees are nonrefundable. Membership purchases are contracted for the full length of the entire term, whether one month, multiple months, or one year at a time, and members are responsible for payment of the entire contracted amount upfront prior to using of any Off The Menu services in such paid period. From time to time, at Off The Menu staff’s sole discretion we may choose to provide a refund or discount towards current paid period, however, such decisions do not entitle you or any other person to any future discounts or refunds in the future for similar instances.

You may update your payment method or cancel your account under “Accounts” in the main in-App menu. Following any cancellation you will continue to have access to your Membership through to the end of your current prepaid billing period. DELETING THE OFF THE MENU APP FROM YOUR MOBILE DEVICE DOES NOT CONSTITUTE A REQUEST FOR ACCOUNT CANCELLATION. You nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing you through the Payment Processor. If we cannot charge your account, we reserve the right to immediately terminate your membership and access to our Site or any portion thereof.

Marketing Services and Beverage Purchases

Off The Menu provides a marketing service, and a marketing service only, to our partner venues (“Venues” or a “Venue”), by referring qualified Off The Menu members to discover and pay for products and services at these Venues. Off The Menu is a private membership organization and your Membership purchase is simply for the acknowledgement to be an Off The Menu member and ability to use our Site. At no time are you buying any alcoholic beverages from Off The Menu. Nor are you buying any food items from Off The Menu.  Membership privileges include, but are not limited to access to exclusive lifestyle content, invitation to special events, ability to purchase limited edition merchandise from Off The Menu and its partners, and more. As one of the Membership privileges, and as not further prohibited by State Alcoholic Beverage Control (“ABC”) Law, Venues may provide qualified members one complimentary drink per visit, with the exceptions that (i) In some states such as New York where ABC laws and regulations prohibit a Venue from providing a free drink to a customer without the purchase of another drink, members are required to purchase at least one additional drink at no less than the same regular retail price of the complimentary drink; or (ii) In states such as California where ABC laws and regulations prohibit a Venue from providing a free drink to a customer on a systematic basis, members will instead receive access to specials and promotions exclusive to Off The Menu members that are unique to each Venue. Failure to abide by applicable state alcohol control laws and regulations are grounds for immediate termination of your Off The Menu Membership with no obligation for Off The Menu to provide any refund.

Private Membership Organization

Off The Menu is a private membership organization and your Membership purchase is a privilege and not a guarantee. Off The Menu reserves the right to terminate your Membership with or without cause at any time. The Site and Off The Menu services are proprietary and protected by intellectual property and other laws, including applicable U.S. and international patents, trademarks and copyrights. Your use of the Site and Off The Menu services is subject to you following all Membership rules and acceptable behavior and conduct, as well as all applicable local, state and federal laws and regulations. Having a Membership or access to the Site does not guarantee you entry or service at Venues at all times. Venues may refuse entrance or service if they determine at their sole discretion that you violate their code of conduct or display unacceptable behavior in any way. In States where alcohol control laws and regulations require a purchase of an additional drink, Venues may enforce such purchase if you do not voluntarily make such purchase. By using the Site, you agree:

  • To comply with local state and federal laws and regulation;

  • Not to use the Site or Off The Menu services at Venues where there is an age minimum of 21 if you are under 21;

  • Not to maintain more than One (1) account per person;

  • Not to access the Site or Off The Menu services using a 3rd party membership account;

  • Not to use the Site for illegal purposes;

  • Not to commit any acts of infringement on the Site;

  • Not to use the Site to engage in any commercial activities;

  • Not to copy any content for republication in print or online;

  • Not to create disruption or interfere with another person’s use and enjoyment of the Site;

  • Not to upload or transit viruses or other harmful files that disrupt or violate the security of the Site or any Off The Menu services.

How Do We Use Your Information?

We use the information we learn from you to help us personalize and continually improve your experience on the Application.  We may use your Personal and Non-Personal Information in the following ways:

General Uses

  • To communicate to you about relevant promotions and calls to action to local restaurants and cafes

  • To upload your content to our Application as you request

  • To permit you to update, edit, and manage your content on our Application

  • To communicate with you about your account or transactions with us (including service related announcements) and send you information about features and enhancements on our Application

  • To communicate with you about changes to our policies

  • To communicate with you about your comment to a blog post

  • To personalize content and experiences on our Application, including providing you reports, recommendations and feedback based on your preferences

  • To disclose anonymized Personal Information to disclose statistics and analytics and other details regarding the use of our Application.

  • To optimize or improve our products, services and operations

  • To automatically update the Application on your device

  • To detect, investigate, and prevent activities that may violate our policies or be illegal

  • To perform statistical, demographic, and marketing analyses of users of the Application

Use of Your Location Information

Specifically, we use your location information to:

  • Personalize content on our Application, including providing you promotions, coupons, recommendations and feedback based on your preferences

  • Optimize or improve our products, services and operations

  • Detect, investigate, and prevent activities that may violate our policies or be illegal

  • Perform statistical, demographic, and marketing analyses of users of the Application and their purchasing patterns

Combination of Your Personal Information

We use the information from one portion of the Application on other portions of the Application or elsewhere in our network of websites, apps, and other interactive features, or in reports and analysis, all of which are owned and operated by Off the Menu, and we may combine information gathered from multiple portions of the Application into a single customer record or analysis or report.  We also use and/or combine information that we collect off-line or we collect or receive from third party sources to enhance, expand, and check the accuracy of your customer records. Credit card information is securely passed to our payment processing partner and is not stored at Off The Menu.

Who Do We Provide Your Information To?

Except as disclosed in this Privacy Policy, we do not disclose information about your Personal Information collected online to any companies not part of Off the Menu or its parent, subsidiaries or related entities.  In no event will we sell or rent your Personal Information as part of a customer list or similar transaction.

Business Partners and Third Parties

We may share your Personal Information with our restaurant clients and other business partners from time to time.  You may withdraw your consent to our sharing of your Personal Information with business partners and third parties at any time by following the opt-out process described below.

Third-Party Agents

We have third party agents, subsidiaries, affiliates and partners that perform functions on our behalf, such as hosting, billing, push notifications, storage, bandwidth, content management tools, analytics, customer service, fraud protection, etc.  These entities have access to the Personal Information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of that Personal Information.  They are restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to the Application.

Emergency Situations

We may also use or disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or the Application; (b) protect and defend our rights or property, the Application or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Application or the public.  This includes exchanging information with other companies and organizations for fraud protection.

What Steps Are Taken To Keep Personal Information Secure?

We are concerned about ensuring the security of your Personal Information.  We exercise great care in providing secure transmission of your information from your device to our servers.  Personal Information collected by our Application are stored in secure operating environments that are not available to the public.  Our security procedures mean that we may occasionally request proof of identity before we disclose your Personal Information to you.  Please understand, however, that while we try our best to safeguard your Personal Information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.  

How Can We Transfer Your Personal Information?

Your information collected through the Application may be stored and processed in the United States or any other country in which Off the Menu, its Clients, Affiliates or service providers maintain facilities.  Off the Menu, its Clients, Affiliates, or service providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world.  If you are located in the United States or other regions with laws governing data collection and use that may differ from US law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.  By registering for and using the Application you consent to the transfer of information to the US or to any other country in which Off the Menu, its Clients, Affiliates or service providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.  

How Long Do We Keep Your Information?

Following termination or deactivation of your account, Off the Menu, its Clients, Affiliates, or its service providers may retain information (including your profile information) and user Content for a commercially reasonable time for backup, archival, and/or audit purposes.  If you have any questions about termination or deactivation of your account, please contact us directly at support@offthemenuco.com.

What Happens When I Link To or From Another Application?

This Application may contain links to other websites operated by third parties. Please be advised that the practices described in this Privacy Policy for Off the Menu do not apply to information gathered through these other websites. We are not responsible for the actions and privacy policies of third parties and other websites.  

Governing Law

This Application is published in the United States. We attempt to protect the Personal Information of all users of our Application and we attempt to comply with local data protection and consumer rights laws to the extent they may apply to the Off the Menu services, but our Application is located and targeted to United States and Canadian citizens and our policies are directed at compliance with those laws.  If you are uncertain whether this privacy policy conflicts with the applicable local privacy laws where you are located, you should not submit your Personal Information to Off the Menu.  

Assignment

We may change our ownership or corporate organization while providing the Application.  We may also sell certain assets associated with the Application.  As a result, please be aware that in such event we may transfer some or all of your information to a company acquiring all or part of our assets or to another company with which we have merged.  Under such circumstances we would, to the extent possible, require the acquiring party to follow the practices described in this Privacy Policy, as it may be amended from time to time.  Nevertheless, we cannot promise that an acquiring company or the merged company will have the same privacy practices or treat your information the same as described in this Privacy Policy.

Changes to This Policy

As our Application continues to develop, we may add new services and features to our Application. In the event that these additions affect our Privacy Policy, this document will be updated appropriately.  We will post those changes prominently so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone.  We do, however, recommend that you read this Privacy Policy each time you use our Application in case you missed our notice of changes to the Privacy Policy.  We will not, however, materially change our policies and practices to make them less protective of Personal Information we have previously collected from you without your express consent.

How Do I Opt-Out or Connect Information About Me

You may always opt-out of receiving future e-mail messages and newsletters from Off the Menu.  We provide you with the opportunity to opt-out of receiving communications from us by going into your profile settings and choosing the appropriate options.  To opt-out, you can also send us a message at support@offthemenuco.com.  Please note, however, that you generally cannot opt-out of service related announcements, e.g. if the Application is temporarily suspended or if delivery of a product or service is delayed.

Your California Privacy Rights

California Civil Code Section 1798.83 permits customers of Off the Menu who are California residents to request certain information regarding its disclosure of their personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@offthemenuco.com.  The Application will respect your browser’s Do Not Track signals (or other well-established, commercially available mechanisms that provide you with the ability to exercise choice regarding the collection of Personal Information).  If we receive a Do Not Track notice, we will stop using any Personal Information for online behavioral advertising purposes.

If you are a California resident and would like to make a consumer access or deletion request under the California Consumer Privacy Act (CCPA), you can email us at support@offthemenuco.com.