Dubai
Privacy and Privacy Policy
This Privacy Policy (hereinafter referred to as the "Policy") shall constitute an agreement between Mix Choice Restaurants Management LLC (hereinafter referred to as the "Website Operator") and the consumer or the website user (hereinafter collectively referred to as the "User"), which shall govern the legal relationships between the parties related to the collection, processing, storage, protection, security, and disclosure of the Users’ Personal Data.
This Policy shall constitute a public offer that can be accepted by any individual proper legal capacity.
The Website is operated by Mix Choice Restaurants Management LLC, a company incorporated under the laws of the UAE with the license registration number 1094115, whose registered office is located at Kitchen Park -11, RBC tower by Damac, Business Bay, Dubai, UAE. All intellectual property rights to the Website content are owned by the Website Operator, unless otherwise is expressly stated.
By signing up at www.wesushi.ae, making an order or visiting the Website without signing-up, the User shall automatically consent to the collection, use and processing (including, but not limited to automated processing) of his/her Personal Data, and authorize the Website Operator to perform other actions with the Personal Data, as stipulated by this Policy.
The acceptance of this Policy (i.e. unconditional consent to all terms and conditions contained herein without any exceptions granted by visiting the Website, making an order or signing up at the website) shall be recorded by Website Site Operator in electronic form. The information on the acceptance of this Offer recorded by the Website Operator may be used as an evidence before any institutions and agencies, including courts of any instances.
This Privacy Policy shall constitute an integral part of the User Agreements. Capitalized terms used in the Policy shall have the meaning as designed in the User Agreement (unless otherwise is expressly stated in this document).
ATTENTION!
IF YOU DO NOT ACCEPT ANY TERMS OR PROVISIONS OF THIS POLICY, PLEASE STOP USING THE WEBSITE AND, WHERE APPLICABLE, REQUEST THE WEBSITE OPERATOR TO DELETE YOUR PERSONAL INFORMATION THAT HAVE BEEN COLLECTED DUE TO YOUR VISIT (OR USE) OF THE WEBSITE.
If you have any questions, please contact our support team to receive additional information regarding the terms and conditions of this Policy or any of its separate provisions by writing us an e-mail at: [email protected]
1. DATA COLLECTION METHODS AND DATA COLLECTED BY THE WEBSITE OPERATOR
(hereinafter referred to as “the Personal Data”)
1.1. Data independently provided by the User
1.1.1. Data independently provided by the User during any interactions with the Website, the Website Operator or any third parties representing the Website Operator through performing any meaningful legal actions (such as filling signing-up forms, completing surveys, initiating communications with the support team, et cetera) shall include, but not limited to the following data:
• Last name, first name and patronymic;
• Place of residence / delivery address;
• Gender;
• Data of birth;
• Contact details, including, but not limited to e-mail address, phone number, et cetera;
• Documents and information provided by the User during any communications with the Website Operator or its representatives, including, but not limited to messages and attachments sent in the support team chat, which may include screenshots, pictures, videos, et cetera.
1.1.2. The Website Operator shall not knowingly collect ant Personal Data from persons under 18 years of age. By using the Website, the User confirms that he/she is at least 18 years old. If the Website Operator learns that any Personal Data have been collected from the Users under 18 years of age, the Website Operator shall delete the Personal Account and any Personal Data of such User.
1.2. Data collected or generated automatically.
1.2.1. Data automatically collected during the use of the Website by the User without a need to perform any meaningful legal actions, except from actually visiting the Website, shall include, but not be limited to:
· The way of accessing the Website and the User’s interactions with the Website;
· The User’s device type and unique identification number;
· Device event information, including but not limited to failures, system activity, hardware settings, browser type, browser language, date and time of request, and User's transition URL address;
· Broad geographical location (e.g. at country or city level);
· Other technical data collected through cookies, pixel tags and other similar technologies that uniquely identify the User's browser.
1.2.2. The Website Operator collects and processes the anonymized data about the User specified in this clause if it is allowed in the User's browser settings (cookies storage and use of Java Script technology is enabled).
2. PURPOSE OF PERSONAL DATA COLLECTION AND PROCESSING
2.1. For the purpose hereof, the Personal Data processing shall include any action (operation) or set of actions (operations) performed with our without the automated systems in relation to over Personal Data. This includes collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, and destruction of personal data.
2.2. The collected Personal Data of the User is used by the Website Operator for the following purposes:
2.2.1.Identification of Users and granting access to the Website for the purpose of making orders;
2.2.2.Sending any information to the User, including but not limited to notifications or advertising materials;
2.2.3.Analysis or processing of the Personal Data obtained using the methods specified in the Privacy Policy for the purpose of improvement of the quality of the User's interaction with the Website or the quality of services provided by the Website Operator;
2.2.4.Exercising any other rights or performing any other duties obligations accrued or assumed by the Website Operator as part of the legal relationship between the User and the Website Operator.
3. PERSONAL DATA PRIVACY AND STORAGE
3.1. The Website Operator has implemented security systems designed to prevent unauthorized access or disclosure of the Personal Data, including but not limited to the following measures:
3.1.1.The User’s Account is password-protected;
3.1.2.Employees, partners, contractors, consultants and other persons engaged by the Website Operator interacts who may have access to the Personal Data shall assume the legal obligations to comply with this Privacy Policy as similar to those assumed by the Website Operator before the Users;
3.1.3.A system of control and multi-level access to Users' Personal Data has been developed and implemented within the Operator's business, where the information on any individuals accessing the User’s Personal Data, the time and purpose of the access are recorded;
3.1.4.The Website Operator shall use efficient anti-virus software.
3.2. The Personal Data security system is dynamic, and the Website Operator may introduce changes to this system or new methods of the Users' Personal Data protection at any time in order to address any possible types of threats.
4. PERSONAL DATA DISCLOSURES TO THIRD PARTIES
4.1. The Website Operator, based on the User's consent obtained by accepting this Privacy Policy, may transfer the User's Personal Data, including but not limited to the following third parties:
4.1.1. Any potential assignees of the Website Operator, who may replace the Website Operator based on a relevant assignment agreement;
4.1.2. Persons engaged by the Website Operator for the purpose of providing services to the User.
4.2. Besides the disclosures of the User's Personal Data based on the User's provided consent, the Website Operator may also be obliged to disclose the User's Personal Information in accordance with the legal requirements applicable under the governing law or jurisdiction, including, but not limited to, disclosure of the User’s Personal Data in response to the request from competent authorities.
4.3. Cross-Border Transfer. The Website Operator may transfer Personal Data worldwide within the framework of this Policy. In cases of cross-border transfer of Personal Data, the Website Operator applies appropriate technical, organizational and contractual security measures (including standard contractual clauses) to ensure that such transfer is carried out in compliance with applicable data protection regulations.
4.4. The cross-border transfer of personal data to foreign countries (regions), which do not meet the above requirements, may be carried out only on the basis of a written consent separately granted by the User.
5. USER RIGHTS
5.1. The User shall be entitled to:
5.1.1. View the Personal Data provided to the Website Operator.
5.1.2. Request the transfer of Personal Data to another controller, but only to the extent technically feasible.
5.1.3. Introduce changes, updates, additions to the provided Personal Data.
5.1.4. Submit a request for deletion of Personal Data.
5.1.5. Object to the processing of Personal Data for certain purposes and/or in certain ways.
5.1.6. Request the website Operator to restrict the processing of Personal Data.
5.1.7. Refuse direct marketing and promotional materials sent by the Website Operator.
5.1.8. Withdraw his/her consent to the storage and processing of Personal Data. The withdrawal will not affect the lawfulness of the Personal Data storage and processing that were carried out before the consent withdrawal, nor any other lawful storage and processing of personal data other than those specified in the consent.
5.1.9. File a complaint to the authorized personal data protection authority regarding collection and use of the Personal Data.
5.1.10. Exercise other rights provided by applicable law.
5.2. These rights shall no be absolute and may be limited in order to fulfill regulatory requirements and protect legitimate interests of the Website Operator.
5.3. For any questions regarding the exercise of the above rights, the User may contact the Website Operator using the following e-mail address: [email protected]
6. LIABILITY AND DISPUTE RESOLUTION
6.1. The Website Operator does not verify the accuracy of the Personal Data provided. However, the Website Operator presumes that all Website Users provide accurate information about themselves without any third-party rights infringement. The Website Operator shall not be liable of provision of inaccurate information by the Website Users or any infringement of the third-party rights.
6.2. The Website Operator shall be relieved of any obligations to comply with the Privacy Policy in respect of the User's Personal Data, if the User publicly discloses the Personal Data on their own.
6.3. The Website Operator shall not be responsible for the loss of Personal Data due to the actions of third parties, including the Website Operator’s hosting provider fault, software errors, unreliability of communication channels, as well as illegal actions of hackers and other intruders.
6.4. If the Personal Data loss (leak) is detected, the Website Operator shall notify the User within 24 hours from the moment of discovering the fact of loss, and make all possible efforts to mitigate the damage and identify the persons responsible.
6.5. 6.5 Before filing a lawsuit in relation to any disputes arising from legal relationship between the User and the Website Operator, the parties must first submit a written claim (a written proposal for voluntary settlement of the dispute). Within 30 (thirty) calendar days from the date of receipt of the claim, the party receiving the claim shall notify the party filling claim in writing of the claim processing outcome. In case of failure to reach an agreement, the dispute shall be referred for consideration to court in accordance with applicable law.
7. EFFECTIVE DATE, AMENDMENT AND TERMINATION
7.1. This Policy shall become effective, when the User first visits the Website and shall continue in force until receipt of a corresponding request by the User to delete his/her Personal Data or until independent deletion of Personal Data by the Website Operator, when there is no need for their further storage. The User's Personal Data storage and processing period shall match the effective terms of this Policy.
7.2. The Website Operator reserves the right to make any changes to this Policy, and therefore the User shall regularly monitor the changes and rely only on the latest updated version of the Policy available at the bottom of www.wesushi.ae page.
7.3. If after the change of the Policy the User continues to use the Website, the Users hall be deemed as having reviewed and accepted any relevant amendments. The Website Operator also may request the User to specifically accept the new version of the Policy by performing a legally significant action other than visiting the Website as a mandatory condition for continued use of the Website or related services.
7.4. If the User fails to accept the changes of this Policy, he/she shall be entitled to terminate it unilaterally by sending a request for deletion of his/her Personal Data to the Website Operator via e-mail [email protected]
7.5. The User shall be entitled to unilaterally terminate the Policy under extrajudicial procedure at any time by sending a corresponding request for deletion of the Personal Data to the Website Operator by e-mail [email protected]
7.6. The Website Operator shall be entitled to unilaterally terminate the Policy under extrajudicial procedure by sending a termination notice to the User’s Personal Account or via contact details indicated by the User during signing-up and deleting the Personal Data.
7.7. Any termination of this Policy shall result in deletion of the User’s Personal Account and inability to further use the Website.