WHYQ.ca, together with its affiliates, subsidiaries, and related entities, (collectively, “WHYQ”, “we”, “us”, and “our”) are committed to the protection of your privacy. This privacy policy (the “Policy”) explains why and how we collect, use, share, store, transfer, and protect (collectively, “Processing”, “Process” and any variation thereof) your Personal Information, as more fully described under the Section “About this Policy”. The manner in which we Process your Personal Information may evolve over time, and we will update this Policy from time to time to reflect any changing practices, as explained below.

About this Policy

This Policy explains why and how WHYQ and its customers (the “Establishment(s)”) Process your Personal Information in connection with food orders placed through the online ordering platforms and related products and services offered by WHYQ (the “Services”). The Policy also describes why and how we Process your Personal Information on behalf of the Establishments, for example, when we administer their loyalty programs or provide them with email marketing services to send the Messages. The Establishment(s) from which you order food may also Process your Personal Information for other purposes in which case, we invite you to contact such Establishment(s) to address your rights or to learn more about how your Personal Information is Processed.

This Policy also describes why and how we Process your Personal Information when you visit our website, mobile application, and other platforms (collectively, the “WHYQ Platforms”), including through Cookies. For more information, please refer to the Section “How does WHYQ use Cookies?”.

What is Personal Information?

For the purpose of this Policy, “Personal Information” means any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person. In general, Personal Information does not include business contact information, such as your name, title, or business contact information.

What Personal Information Do We Collect?

The Personal Information that we collect may include, but is not limited to:

Contact information: (e.g., your name, address, email, phone number, username, and passwords of your account, if any); Date of birth; Social media accounts; Survey feedback; Technical information: (e.g., information about your mobile and/or computer devices, GPS location or the unique identifier of your device, the transactions you make).

We may also collect details that you have provided in your food order that indicate any allergies or food intolerance that you may have.

How Do We Collect Your Personal Information?

Directly from You

Generally, we will collect the Personal Information that we need directly from you, for example, when you use the Service, visit and/or browse the WHYQ Platforms, visit an Establishment’s website, or when you communicate with us. We may also gather information that is generated by your mobile and/or computer devices (e.g., mobile advertising identifiers, location information, and IP address). For more information, please refer to the Section “How does WHYQ provide online advertising?”.

With a Legal Basis, Such as Your Consent

The legal basis to Process your Personal Information is typically because you have consented to it unless applicable laws permit another applicable legal basis (e.g., for the purpose of complying with our legal obligations, where necessary for establishing, exercising, or defending a legal claim, a prospective legal claim, legal proceedings, or prospective legal proceedings)

Refusal of Collection and Withdrawal of Your Consent

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You have the right, if you so choose, to refuse the Processing of your Personal Information. You may also, at any time, and subject to reasonable notice and applicable legal or contractual restrictions, withdraw your consent (if any) to the Processing of your Personal Information in our possession by contacting us. You should be aware, however, that if you choose not to provide your Personal Information, this may prevent you, for example, from using the Service, as this information is essential to the provision of such Service. You may contact WHYQ as set forth in the Section “How to contact us?” to address any issue thereof.

Why Do We Collect Your Personal Information?

For Specific and Limited Purposes

WHYQ generally collects your Personal Information to:

Provide you with the Service, namely, to: enable you to order products from an Establishment, confirm the successful order, track your location for the purpose of identifying the closest Establishment to your current position, and have the products delivered if delivery applies;

Respond to your queries or questions;

Authenticate the users of an account;

Provide you with advertising while using the Service, the WHYQ Platforms, the Messages, or third-party services including social media;

Recommend you services and products based on your preferences;

Administer the surveys that you have agreed to complete;

Administer the Establishment’s loyalty programs; and

Send the Messages and manage email campaigns on behalf of the Establishments (collectively, the “Purposes”).

To Send You the Messages

If you have consented to receive such information, WHYQ may send you newsletters, electronic messages, news on, among others, new features or new products, updates, contests, special offers, and/or other written communications (the “Messages”) about WHYQ’s services and/or products and/or products or services of third parties, including the Establishments. Messages may be sent by WHYQ for its own purposes or on behalf of the Establishments. In the latter case, we invite you to contact the Establishments to address your rights or to learn more about how your Personal Information is Processed by them. WHYQ may also use Direct Push and your geographical information on our mobile application to send you alerts about local promotions.

You may opt-out of receiving the Messages as set forth in the Section “How to contact us?” or by following the instructions contained in the Messages. You may also disable the Direct Push notice through your device settings. A delay of ten (10) days may be required to treat your request. However, WHYQ may continue to send you Messages to inform you about available upgrades or critical technical service issues relating to the Service, or to provide you with important information on your account (if any).

For Secondary Purposes

WHYQ may also aggregate and anonymize Personal Information that you have provided to create statistical data which WHYQ may use to improve the Service, examine trends and interests, train machine learning algorithms, or share with its third-party partners including the Establishments, advertising partners, and research centers. Such statistical data does not include any Personal Information.

Who We Share Your Personal Information With

WHYQ does not rent or sell any of your Personal Information to third parties and will not share it with third parties without your consent unless it is necessary to do so by law or for the Purposes as set forth below.

With Our Employees

In the course of their work, our employees may need to access your Personal Information, for example, when you contact us or request support. Their access is limited to what is necessary to perform their duties.

With Strategic Partners

WHYQ may share your Personal Information with its partners such as the Establishments to the extent that such disclosure is required for the Purposes. WHYQ may use third parties to facilitate its business, such as payment processors, delivery companies, hosting services providers, loyalty program providers, integrated POS systems, contractors for sending out e-mail updates about WHYQ and the Service, or for providing customer support services. In connection with these business operations, WHYQ’s service providers may have access to your Personal Information for use for a limited time in connection with these business activities. Where WHYQ utilizes third parties for the Processing of any Personal Information, WHYQ implements reasonable contractual and technical protections in order for such third parties to keep all Personal Information they Process strictly confidential. Please note that these third parties may be located elsewhere than your location in which case, appropriate measures are taken by WHYQ as set forth below in the Section “Where is your Personal Information stored and transferred?”.

When Required by Applicable Laws

WHYQ may also share your Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (i) conform with the law; (ii) comply with the order of a competent judicial authority in any jurisdiction; (iii) comply with legal process served on WHYQ; (iv) protect and defend the rights or property of WHYQ; (v) enforce or verify your compliance with any part of the agreements that you have entered into with WHYQ, if any; (vi) prevent fraud or other illegal activity perpetrated through the Service; or (vii) act in urgent circumstances to protect the personal safety of users of the Service, the WHYQ Platforms, or the public at large.

During Business Transfer

We may share your Personal Information without your permission when our operations require it (in the event of a merger, acquisition, bankruptcy, or sale of assets, for example). As part of this kind of event, we may also share some or all of your Personal Information with the relevant third-party (or its advisors) as part of a due diligence process.

For Other Purposes with Your Consent

Where you have expressly consented, your Personal Information may be shared with other third parties. For example, there may be specific instances where additional terms apply and, through these, we make clear that specific third parties Process your Personal Information.

Third-Party Services and Platforms

We may include on the WHYQ Platforms links to third-party sites or services that we do not control, for example, if you use an integrated feature from Google or social media (Facebook, Twitter, LinkedIn, etc.). Such third-party may share some information about you with us. Your activities on the Service or the WHYQ Platforms may be displayed on social media platforms. If you click on one of these links, you will be taken to websites we do not control and our Policy no longer applies. We are not responsible for the privacy policies and practices of other websites or services (including those of the Establishments). We invite you to read the privacy policies and terms of use of the other websites and services that you visit.

Where Is Your Personal Information Stored and Transferred?

The Personal Information that we collect from you may be transferred to, and stored at, a destination outside of your country and may be processed by employees operating outside of your country who work for us, one of our partners, or one of our service providers. We may share your Personal Information with our partners or service providers outside of your country to the extent necessary for the Purposes as set forth above. Personal Information is transferred outside of your country by using appropriate measures and in compliance with applicable laws and regulations, such as standard contractual clauses approved by the European Commission (where applicable). We will take all steps reasonably necessary to ensure that your Personal Information is treated securely and in accordance with this Policy. By submitting your Personal Information, you agree to this transfer, storing, or Processing.

How Long Do We Retain Your Personal Information?

We will retain your Personal Information for as long as necessary to fulfil the Purposes for which it was collected or to comply with applicable legal, tax, or regulatory requirements. After this period, we will securely delete or anonymize your Personal Information, in accordance with applicable laws and regulations. If you request deletion of your Personal Information, WHYQ will make reasonable efforts to comply with your request, subject to legal, tax, or regulatory requirements.

How Is Your Personal Information Protected?

WHYQ implements reasonable and appropriate technical, physical, and administrative security measures to help protect the confidentiality, integrity, and availability of your Personal Information. These measures are designed to protect your Personal Information from loss, theft, unauthorized access, disclosure, copying, use, or modification. However, you should be aware that no method of transmission over the Internet or method of electronic storage is completely secure, and WHYQ cannot guarantee the absolute security of your Personal Information.

What Are Your Privacy Rights?

Depending on your jurisdiction, you may have certain rights with respect to your Personal Information, including the right to:

Access: You may have the right to access the Personal Information we hold about you and to request a copy of it.

Correction: You may have the right to correct any inaccuracies in your Personal Information.

Deletion: You may have the right to request the deletion of your Personal Information, subject to certain exceptions.

Objection: You may have the right to object to the Processing of your Personal Information under certain circumstances.

Portability: You may have the right to request the transfer of your Personal Information to another organization.

Restriction: You may have the right to request that we restrict the Processing of your Personal Information.

To exercise these rights, please contact us as set forth in the Section “How to contact us?”. We will respond to your request within the time frame required by applicable law. We may need to verify your identity before processing your request.

How Does WHYQ Use Cookies?

Cookies are small text files that are placed on your device when you visit our website. We use cookies to:

Improve the functionality and performance of the WHYQ Platforms;

Personalize your experience on the WHYQ Platforms;

Analyze how the WHYQ Platforms are used and measure the effectiveness of our marketing campaigns;

Remember your preferences and settings.

You can control the use of cookies through your browser settings. If you choose to disable cookies, some features of the WHYQ Platforms may not work properly.

Updates to This Policy

We may update this Policy from time to time to reflect changes in our practices or applicable laws. We will notify you of any significant changes to this Policy by posting a notice on our website or by other means as required by applicable law. We encourage you to review this Policy periodically to stay informed about our privacy practices.

How to Contact Us?

If you have any questions or concerns about this Policy or our privacy practices, or if you wish to exercise your privacy rights, please contact us at: contact@whyq.ca

We will respond to your request as soon as possible and in accordance with applicable law.