LAST UPDATED: JANUARY 2019

Privacy Policy

Gopher Systems Inc. (hereafter "Gopher", "we", “our” or "us") is committed to protecting its visitors' and Users' privacy. The following Privacy Policy outlines the manner in which Gopher collects, uses, discloses and otherwise manages personal information, including in connection with our websites gopherpos.com and secretservice.menu (the "Website"), our mobile customer application (the "App") and our on- demand services (collectively, the "Service"). Please review the following carefully so that you understand our privacy practices.

For the purposes of UK data protection legislation, Gopher is the data controller of your personal information.

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

GOPHER SYSTEMS INC.

Secret Service

DEFINITIONS 

User: A person who has signed up and is registered with Gopher for the use or potential use of the Service

Restaurant: The local business having sole responsibility for receiving and preparing orders for the User.


THE INFORMATION WE COLLECT


Gopher collects personal information to deliver our Service to you, including through the Website and App. We collect personal information from you, such as:

Things you and others do and provide:

Account Information: We collect information when you create or update your Gopher account. This may include your name, email address, photo, birthday, country, language, currency, password, mobile phone number, social accounts, should you choose to connect them, and your banking information (including related payment verification information). We may also ask you about your preferences; for example, your favourite type of food.

Your Location: Gopher requires your consent to track geo-location for use of the App. When you use the App through your mobile device, we will track your geo-location information, on a real time basis. Depending on which other products and services you use, we may also collect your precise or approximate location through your IP address or Wifi.
○ Gopher collects location information when the App is running in the foreground. If the App is running in the background, we will only collect your location information when it is required for the fulfilment of your order. For example, if you have an order in progress. The tracking will stop once your order is complete.
   ○ You may use the App without enabling Gopher to track your location; however, this may affect the functionality available to you.

Order Information: We collect details related to your use of the Service, including what you purchased, your order mode, date and time when you made the purchase, amount charged, your payment method, and whether you used a promotion code.

Your network and connections: If you provide us access to your address book or social connections, we may collect names and other profile information from these sources. If you provide us access to your calendar, we may collect event information from this source (event information may include your response (YES/NO), date and time, location, subject/content, and number of attendees).

User content: We may collect information that you submit when you contact Gopher customer support, or any information you submit about the Restaurants including ratings, tags, compliments, photos, or comments. We will also track any content you submit relating to your team, such as team photos, discussions, or tags.

Usage information: We collect information about how you interact with the Service. This includes information such as access dates and times, which features you used and which pages you viewed, crashes and other system activity, and third-party sites you were interacting with before using the Service.

Technical data: When you use the App, we also process technical data such as IP address, Device ID or MAC address, and information about the manufacturer, model, settings, and operating system of your mobile device. We will also capture your application version. When you visit the Website, we may process technical data such as your IP address, visited webpages, the internet browser you use, your previous/next visited websites and the duration of a visit/session.

Survey or demographic data: We may offer you the opportunity to participate in one of our customer surveys or research. If you choose to participate, we use the optional information and survey results to help us understand our customers and to tailor and enhance our service offerings, and promotions.

Career Information: If you wish to apply for a job on the Website we will collect personal information such as your name, email address, phone number and additional information such as resume. We use the information collected within this area of the Website to register and process your application, to determine your qualifications for the position for which you have applied and to contact you.

Information from other sources:

These may include:

● Users providing your information in connection with our referral program
   ○ Unless or until you activate your referral code, we may store your information as provided by the referrer in order to provide you with the relevant offer.
   ○ 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 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 payment providers, social media services, or apps and websites that use Gopher’s API

● Publicly available sources

● Marketing service providers

Gopher may combine information from various sources with information it collects.

How we use your information

Gopher uses the information it collects for the following purposes:

Provide our service to you: Gopher uses the information we collect to provide, maintain, personalize, and improve our products. We will use your information to:
   ○ Create and manage your account. This includes using your phone number or email address to verify your identity.
   ○ Show you restaurants near you. We use your location to allow you to view the Restaurants in your area. Your location also allows us to provide a walk distance.
   ○ Facilitate order fulfilment. If you place an order via Gopher, your order and profile information is shared with our restaurant partner for the purpose of fulfilling your order in accordance with our contract with you. This includes a photo, if you have chosen to upload one. The Restaurant that is fulfilling your order uses this photo to verify your identity.
   ○ Process or facilitate payments.
   ○ Enable the various features of our product for our legitimate interests where we have considered that these are not overridden by your rights. For example, personalization or sharing features. Personalization features may include showing you recommendations while content features include allowing you to share reviews, ratings, tags, and discussions.
   ○ Troubleshoot software bugs and operational problems.

User content and communication: Gopher may use content you submit, such as ratings, comments, or photos, to surface recommendations to other users and to facilitate the operations of our business. Gopher may also allow users to communicate with others on their team or with Restaurants. These messages, should you choose to participate, may be accessible by members of your team or Restaurants. Gopher may also allow Restaurants to communicate with Users. For example, a Restaurant may contact you directly if there is a problem with your order.

Payment Information: When you register as a User, your credit card information is provided to our payment processing provider, in order to process payments for your orders. Gopher only stores the last four digits of your credit card number, the credit card type, the expiration number, your postal or zip code and the country. We use this information to prevent fraud. Information which 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 this if required.

Research and development: Gopher uses your personal information for testing, research, analysis, and development of our products. This allows us, for our legitimate interests, to improve our products, improve the in store experience our merchants offer, and to determine where we should offer or focus the Service. We may share this information with third parties for industry analysis and statistics.

Customer support: We use your profile, account, and usage information to assist you when you contact customer support. This allows us to direct your inquiry appropriately, investigate and assist you with your inquiry, and follow up to ensure the problem does not persist. We may also use your information to monitor and improve our customer service responses.

● We may also use your real-time geo-location information to address User or Restaurant support, technical, or business issues that may arise in the course of your use of the App. If you contact Gopher customer service while an order is in progress, and it is necessary to use your real-time geo-location information to address your question, our support personnel will seek your consent before consulting your location.

Communications from Gopher: Gopher uses your contact information to communicate with you about your activity, our services, your account, and, if we have your prior consent, about Gopher news, special offers, and events. We may also contact you about studies and surveys.

● If you have placed an order through the App, we may send you push notifications to your mobile phone to let you know the ongoing status of your order. 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.

● If an issue arises while processing your order (e.g. if a restaurant has run out of tomatoes and you ordered pasta with the famous homemade sauce), Gopher may contact you via text message to alert you to the issue. Standard text message and data rates may apply. If you wish to stop receiving text messages from Gopher, respond to a text message with the word ‘STOP’.

● We may also need to communicate with you about your account or Gopher’s service. For instance, we may send you an email to verify your username and password or let you know when the Service is temporarily suspended for maintenance.

● Only where we have your prior consent to do so, Gopher may also use your contact details to send you general updates regarding Gopher 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. You may opt-out of receiving these updates at any time by following the instructions in each of our communications.

Gopher rewards: We also use your order information for the purposes of crediting your Gopher Reward account and otherwise administering the loyalty program.

Public forums: 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.

Security: We may deactivate your account if we suspect that you use the App or Website to commit fraudulent or illegal acts or if you violate our Terms of Service.


REFERRAL PROGRAMS 

Invitations to Friends & Family:

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

● Gopher does not directly collect any personal information when you share your referral code with a friend or family member, but if your friend or family members take advantage of the referral offer, we will collect your code from them for the purposes of crediting their/your account with any referral offer to which you may both be eligible.

Nobody likes spam. Please only share your referral code or refer friends or family members who you know are interested in using the Service.

Restaurant referrals:

You may request that your favourite Restaurants join Gopher through the App or through the Website. Please only refer Restaurants you have previously purchased from.


COOKIES AND RELATED TECHNOLOGY

Gopher uses cookies and other related technology on the App and Website to distinguish you from other users.

Cookies are data files commonly stored on your device when you browse and use websites. They help to make your online experience faster, and assist with things like personalization, reporting, and advertising. Cookies are not the only technology that enables this functionality.

For more information about the cookies we use (and the purposes for which we use them), and the how to block them, please see our Cookie Policy for more information.


CHILDREN

We do not collect children's personal information. Gopher cares about the safety of children. Because the Service is not directed towards children under 13, they are not allowed to register with or use the Service, or provide personal information. We do not knowingly collect personal information from anyone under the age of 13.


DATA

What is our legal basis for processing data?

We will only collect and process personal data about you where we have a lawful basis. Lawful bases include complying with a legal obligation, consent (where you have given consent to, say, receive updates and marketing emails), contract (where processing is necessary for the performance of a contract with you (e.g. to deliver the Services you have requested)) and “legitimate interests”.

We may process your personal data for the purposes of our legitimate interests or for the legitimate interests of third parties (e.g., your employer or company), provided that such processing shall not outweigh your rights and freedoms. For example, we may process your personal data to:

● Protect you, us, or others from threats (such as security threats or fraud).

● Enable or administer our business, such as for quality control, consolidated reporting, and customer service.

● Manage corporate transactions, such as mergers or acquisitions.

● Understand and improve our business or customer relationships generally.

● Enable us, Users, and other visitors to connect with each other, find jobs and economic opportunity, express opinions, exchange information, and conduct business.

Where we rely on your consent to process personal data, you 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. If you have any questions about the lawful bases upon which we collect and use your personal data, please contact our Data Protection Officer at privacy@gopherpos.com.

How do we share or disclose your personal information?

Sharing with our Service Providers:

We may employ third-party companies and individuals in Canada, the US or other jurisdictions to facilitate or provide certain services on our behalf, such as to process payments, provide customer support, provide geolocation information to our Restaurants, to host our job application form, to perform Website-related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Website's features) or to assist us in analyzing how the 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. For additional information about the way in which our service providers treat your personal information, contact us as set out below.

● We may transfer your personal information to the following countries and using the following safeguards outside the EEA:
   ○ Canada - European Commission Adequacy Decision
   ○ United States - Privacy Shield
   ○ United States – Model Clauses

● Where your information is transferred outside the EEA, we will take all steps reasonably necessary to ensure that your data is subject to appropriate safeguards, such as relying on a recognised legal adequacy mechanism, and that it is treated securely and in accordance with this Privacy Policy. If you would like more information about these safeguards, please contact us at privacy@gopherpos.com.

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 Gopher or as part of a corporate reorganization or other change in corporate control.

Legal Requests:

Gopher, our Canadian and US businesses, 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 or English law. Gopher 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.

Information for our EU customers:

How can you exercise your rights under the GDPR?

● You have the right under certain circumstances to:
   ○ be provided with a copy of your personal information held by us;
   ○ request the rectification or erasure of your personal information;
   ○ request that we restrict the processing of your personal information;
   ○ object to the further 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 exercise the rights listed above at any time by contacting us at privacy@gopherpos.com.

● You may opt 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. You may use the standard un-install processes as may be available for your mobile device.

● Where we rely on your consent to process personal data, you 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. If you have any questions about the lawful bases upon which we collect and use your personal data, please contact our Data Protection Officer at privacy@gopherpos.com.

● If your request or concern is not satisfactorily resolved by us, you may approach your local data protection authority, (see European Commission: What are Data Protection Authorities (DPAs)?). The Information Commissioner is the supervisory authority in the UK and can provide further information about your rights and our obligations in relation to your personal information, as well as deal with any complaints that you have about our processing of your personal information.

How long does Gopher retain personal information?

Retention of personal information: We will generally retain your personal information until you cancel your Gopher account in order to meet our contractual obligations to you or until it is no longer required for the purposes stated above or to otherwise meet legal requirements. If you wish to cancel your Gopher account or request that we no longer use your information to provide you services, please contact us at privacy@gopherpos.com. After deletion of your account, we will anonymize your data, unless this data is necessary to comply with a legal obligation or resolve disputes.

How does Gopher protect personal information?

Our safeguards: Gopher has taken appropriate technical, physical and organizational security measures to protect personal information in our custody and control against unauthorized access, use, modification and disclosure. 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 the locations where data is stored. However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to Gopher is at your own risk. We recommend that you do not disclose your password to anyone.

Third-party links: The Website or App may contain links to other sites that Gopher does not own or operate. Except as provided herein, we will not provide 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.

What happens if Gopher updates our privacy policy?

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

How do I contact Gopher?

● Questions about how we treat personal information? Please contact our Privacy Officer by email at privacy@gopherpos.com. 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.
© 2019 Gopher Systems Inc. All Rights Reserved.