PayFacto Payments inc. together with its affiliates, subsidiaries, and related entities, including IShopFood (collectively, “PayFacto”, “we”, “us” and “our”) are committed to the protection of your privacy. This privacy Notice (the “Notice”) 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 hereunder. How we Process your Personal Information may evolve over time, so this Notice may be updated from time to time to reflect any changing practices. This notice applies to all PayFacto Users, unless they use a service covered by a separate privacy notice. This notice specifically applies to: 

• Order recipients: individuals who request or receive food or other products and services for delivery or pick-up via their PayFacto account. This includes individuals who use guest checkout features to access delivery or pick-up services without creating and/or logging in to their account (referred to herein as “you” “your” or “User(s)”). 
• Guest Users: individuals who receive delivery services ordered by other PayFacto account owners, or by friends, family members or other individual account owners. 

 

1. About this Notice 

This Notice explains why and how PayFacto and its merchants (“Merchants”) process your Personal Information in connection with food orders placed through the online ordering platforms and related products and services offered by PayFacto (the “Services”). The Notice also describes why and how we Process your Personal Information on behalf of the Merchant(s), such as via any loyalty program or provide them with email marketing services to send the Messages. The Merchant(s) from which you order food may also Process your Personal Information for other purposes in which case, we invite you to contact such Merchant(s) to address your rights or to learn more about how your Personal Information is Processed. 

Our policy on why and how PayFacto Process your Personal Information when you visit our website, mobile application, and other platforms, including through Cookies can be found through the following link: https://payfacto.com/privacy-policy/. 

 

2. Definition of Personal Information: 

For the purpose of this Notice, “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. 

3. Personal Information collected: 

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

1. Contact information (e.g., your name, address, email and phone number, username and passwords of your account, if any); 
2. Date of birth; 
3. Social media accounts; 
4. Survey feedback; 
5. 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). 
6. We may also collect details that you have provided in your food order that indicate any allergies or food intolerance that you may have. 

 

4. How the Personal Information is collected: 

Generally, we will collect the Personal Information that we need directly from you, for example when you use the Service. 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).  

We generally Process your Personal Information 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). 

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 PayFacto at the email address found through the following link: [email protected].  

  

5. Purposed for collecting the Personal Information: 

PayFacto generally collects your Personal Information only for the following purposes (the “Purposes”): 

• Provide you with the Service, namely, to: enable you to order products from a Merchant, and confirm the successful order; 

• Respond to your queries or questions; 
• Authenticate the Users of an account; 
• Provide you with advertising while using the Service or third-party services including social media; 
• Recommend you additional services and products; 
• Administer the surveys that you have agreed to complete; 

• Administer the Merchants’ loyalty programs; and 
• Send the Messages and manage email campaigns on behalf the Merchants. 

If you have consented to receive such information, PayFacto 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 PayFacto’s services and/or products and/or products or services of third parties, including the Merchants. Messages may be sent by PayFacto for its own purposes or on behalf of the Merchants. In the latter case, we invite you to contact the Merchants to address your rights or to learn more about how your Personal Information is Processed by them. PayFacto 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 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, PayFacto 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. 

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

6. When your Personal Information can be shared 

1. PayFacto 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. 
2. In the course of their work, our employees may need to access your Personal Information, namely when a User contacts us or requests support. The employees’ access is limited to what is necessary to perform their duties. 
3. We may share your Personal Information with our partners and Merchants to the extent that such disclosure is required for the Purposes. PayFacto may use third parties to facilitate its business, such as delivery companies, hosting services providers, loyalty program providers, integrated POS systems, contractors for sending out e-mail updates about PayFacto and the Service or for providing customer support services. In connection with these business operations, our service providers may have access to your Personal Information for use for a limited time in connection with these business activities. Where we use third parties for the Processing of any Personal Information, we implement 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 PayFacto regarding the storage and transfer of your Personal Information. 
4. We 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) comply with the law, the order of a competent judicial authority in any jurisdiction or a legal process served on PayFacto; (ii) protect and defend the rights or property of PayFacto; (iii) enforce or verify your compliance with any part of the agreements that you have entered into with PayFacto, if any; (iv) prevent fraud or other illegal activity perpetrated through the Service; or (v) act in urgent circumstances to protect the personal safety of users of the Service or the public at large. 
5. We may share your Personal Information without your permission when our operations require it (i.e in the event of a merger, acquisition, bankruptcy, or sale of assets). In such cases, we may also share some or all of your Personal Information to the relevant third-party (or its advisors) as part of a due diligence process. 
6. 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. 

  

7. Retention of your Personal Information 

We will retain your Personal Information only for as long as necessary to fulfill the Purposes for which it was collected, or as required for our legitimate interests, or to comply with applicable legal, tax or regulatory requirements. After such time, any Personal Information we hold will be destroyed, deleted, or made anonymous. 

8. Protection of your Personal Information 

1. Security measures 

PayFacto has security measures in place to protect your Personal Information. The standard security measures we use will depend on the type of information collected. However, we use physical, electronic, and procedural safeguards that comply with applicable regulations to protect your Personal Information. We encourage you to be very cautious when using the Internet and namely, to never share your passwords. If you think an unauthorized account has been created using your name, please contact us immediately. 

2. Tools under your control 

You can control the tools on your mobile devices. For example, you can turn off the GPS locator or Direct Push on your phone. Each Direct Push provides a link to unsubscribe. 

3. Minors 

The Service are only available and designed for individuals having reached the legal age in their relevant area. We do not knowingly Process any Personal Information from minors. If you believe that Personal Information has been collected from a minor, or if you are a parent or legal guardian and think that your child has provided us with Personal Information, you are invited to contact us. 

9. Storage and transfer of your Personal Information 

Your Personal Information may be held by PayFacto in locations other than your province, territory, state, or country of residence. PayFacto may also subcontract Processing to or share your Personal Information with third parties located elsewhere, including locations other than your province, territory, state, or country of residence. In such a case, we will ensure that your Personal Information is transferred to countries that have received an adequacy decision from the competent authority, or that your Personal Information is adequately protected by appropriate technical, organizational, contractual, or other lawful means. If you would like to obtain more information on these security measures, please contact us. 

10. Your rights 

Depending on applicable laws, you might have the right to : 

• obtain access to, or rectification of your Personal Information,  
• withdraw your consent (if any),  

• not be discriminated against,  
• restrict and object to the use and Processing of your Personal Information by PayFacto, or the right to data portability by, namely, receiving a copy of all Personal Information that PayFacto has about you in a structured, commonly used and machine-readable format.  

To exercise any of these rights (to the extent available), please contact PayFacto as set forth in the Section “Contact us”. 

You can request the deletion of your data by sending an email to [email protected].  For validation, the request must be sent by the email for which the user request an account deletion.  Our team will confirm by email the deletion of his account and related data.

11. Contact us 

If you have any questions about any aspect of this Notice, wish to send a comment, make a complaint or exercise any of the rights made available to you according to applicable laws, please do so through the “Contact Us” link on the Service or PayFacto Platforms, when such link is available, or please contact our Data Protection Officer as follows: 

PAYFACTO PAYMENTS INC.
Email: [email protected]   

Your request may be accepted or denied by PayFacto based on the applicable laws. PayFacto will take prompt corrective action when it learns of any failure to comply with this Notice. PayFacto shall not be liable for any indirect, incidental, consequential or punitive damages relating to this Notice. 

You may file a complaint with the competent authority at any time if you believe that PayFacto is not Processing your Personal Information in a manner that is compliant with this Notice or with the applicable laws. 

12. Changes to this Notice 

PayFacto frequently revises this Notice to keep it up to date with applicable legislation and its operations. If material changes are made to the Notice, then update notices (such as online notices or emails) may be used to alert you of such changes. Otherwise, the posting of the revised Notice on the Service and PayFacto Platforms shall be considered sufficient notice to you, and by continuing to use the Service, the PayFacto Platforms or the Messages or by submitting Personal Information to us, you are consenting to any changes to our Notice. 

 

Last updated: December 2022 

 

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TERMS OF USE

These terms of use (the “Terms of use “) Include legal obligations and their acceptance constitutes a contract between the User (” User “) and PayFacto Payments inc. together with its affiliates, subsidiaries, and related entities, including PayFacto (collectively, “PayFacto”, “we”, “us” and “our”). Please read the Terms of use carefully before to use this online ordering platform (the “Platform “). When you use the Platform or the services that are offered on the Platform (the “Services “), you agree, without reservation or restriction, to abide by the Conditions of use, including the Privacy Notice, as well that all other regulations, terms, conditions, and policies relating to the Platform. If you do not agree to the Terms of use, please stop using the Platform and the Services immediately. 

Please note that PayFacto reserves the right, at any time and at its sole discretion, to modify the Terms of use or the Privacy Notice. Following these changes, if you continue to use the Platform or the Services, you agree, without reservation or restriction, to comply with the Terms of Use or the Privacy Notice. 

• Summary presentation 

The Platform is online ordering software integrated into the client’s website and Facebook page (le ”Restaurateur “), which allows a User to place an online order directly with the Restaurateur. 

• Registration, accounts and passwords 

Registering and creating a user account are not required in order to use the Platform and Services; however, all users will need to provide certain personal information in order to make use of certain features of the Platform or of certain Services. 

If you are opening an account, you agree to provide true and complete information to your subject as required by the registration process, and complete the updates needed to keep them accurate at all times. You also agree: (i) to keep all words confidential password or other account identifiers you choose, or which will be assigned to you when you register for the Services and (ii) to assume responsibility for all activities related to the use of these passwords or your account. In addition, you agree to notify PayFacto of any unauthorized use of your password or your account. At no time can PayFacto be held liable, directly, or indirectly, for losses or damages of any kind resulting from the failure of you comply with this provision or related to such a defect. 

If you choose not to open an account, you will still need to provide a valid email address in order to be able to access certain features of the Platform and Services, including viewing the results of your research. These results will then be emailed to you at the address you will have entered in the corresponding fields. 

• Electronic communications 

By opening an account, you explicitly agree that PayFacto as well as the Restaurateur keep your email address in their data and that they include this email address in their lists sending so that they can communicate with you through email, in particular to (i) validate certain information relating to your user account; (ii) keep you informed of the status of your relies on the Platform; (iii) offer you benefits or promotions offered by PayFacto or its business partners; (iv) carry out surveys or audits relating to the Platform or Services, including their functionality, usability and your appreciation of the Platform or the Services; or (v) for any other reason relating to the Platform or the Services or User safety. 

• Rules of Conduct 

When using the Platform and the Services, you agree to comply with all applicable laws, as well as the Terms of use. You acknowledge that PayFacto can investigate any violation of the law and collaborate with law enforcement authorities in prosecution against a user. In addition, you agree not to use the Platform or Services for the purpose of causing interference with these or compromise the security of these or Users, including (i) trying to penetrate or explore the system or network or to test its vulnerability, or by trying to violate security or identification measures; (ii) by trying disrupt the Platform or the Services with regard to any user; (iii) by falsifying all or part of the code of the Platform; or (iv) by otherwise contravening the laws or the Terms of use. 

• Intellectual property 

Copyright – All data contained on or in the Platform, such as texts, images, photographs, logos, data compilations, software and codes (the “ Content “) including the way the Content is presented, are protected by Canadian and foreign laws, particularly with regard to property intellectual property and copyright, and belong to their authors or respective holders. Without limiting the generality of what precedes, the Content displayed or presented on the Platform belongs to PayFacto or is used by PayFacto under license from holders of appropriate rights. You are prohibited (i) from using, to reproduce, modify, adapt, translate, download or transmit the Content in whole or in part; (ii) to sell, rent, license or transfer all or part of the Content or otherwise allow access to it; (iii) to modify, remove or cover any trademark or proprietary notice included in the Platform or in the Content; and / or (iv) to decompile, to disassemble, decrypt, extract or reverse engineer the Platform and its components, including, in particular, software or help anyone to do it. 

Trademarks – PayFacto and the PayFacto logo are trademarks of PayFacto. Other names, words, titles, phrases, logos, designs, and icons displayed on the Platform could constitute trademarks trade from PayFacto or third parties. No element contained in the Platform cannot be interpreted in such a way as to grant you a license or right to use these trademarks, and the display of third-party trademarks displayed on the Platform cannot constitute a use of these as a trademark within the meaning of applicable laws. 

• Content of external sites 

As part of its operation, the Platform may display Protected Content from sites External internet, including the Restaurateur’s website (the “External sites “), which Content from External Sites is displayed only in order to to lead the User to consult these External Sites to obtain more information. 

The Platform contains hyperlinks to External Sites that cause you to leave the Platform. PayFacto provides these hyperlinks to users as a convenience. The sites external links not being under the control of PayFacto, hyperlinks may be interpreted as an approval or endorsement of their content by PayFacto. 

At no time will PayFacto be able to be held responsible for the content of External Sites, the links they contain, nor any changes or updates to them made and PayFacto makes no warranty about them. 

Without limiting the scope of what above, PayFacto cannot guarantee that the information displayed on the Platform, including those from external sites are complete, accurate and current. Despite the efforts of PayFacto, the information displayed on the Platform may sometimes be inaccurate, incomplete or out of date. PayFacto does no declaration that all information on the Platform is comprehensive, accurate and current. 

• Confidentiality 

As part of the operation of the Platform, PayFacto and Restaurateur collect two types of User information: personal information and non-personal information. 

 

By registering on the Platform or by choosing to register your email address on the Platform, you agree to provide PayFacto and the Restaurateur with information that identifies you, such as your name, your mailing address, phone number or address electronic, if applicable. As part of the operation of the Platform, PayFacto and the Restaurateur will also have access to orders entered into the Platform as well as other information provided by Facebook such as your age, gender and Facebook friends (collectively, the “Personal Information “). Please refer to the Privacy Notice, which explains why and how we collect, use, share, store, transfer, and protect your personal information 

 

By using the Platform, you also agree to provide PayFacto and the Restaurateur with information of an anonymous nature, such as your protocol address Internet, the domain used to access the Platform, the type and version of the browser or operating system you are using as well as the website that you have just visited and that you are going to subsequently visit (collectively, the “ Non-personal information “). As part of the operation of the Platform, PayFacto and the Restaurateur could also collect general information and aggregate, such as demographic statistics on Platform users (i.e. average age or distribution geography of Users), the number of visitors and the average use of the Platform. This information is also considered Non-Personal Information. 

 

PayFacto and the Restaurateur are reserve the right to use the information collected on the Platform, whether Personal or non-Personal Information, for purposes commercial or non-commercial, including but not restrictive for analysis for statistical or advertising purposes targeted for customers as well as for sales or rental of this information. Therefore, you hereby consent to whether PayFacto sells or rents your Personal Information personal to third parties. 

 

For more details, please see our Privacy Notice. 

 

• Limitation of Liability 

THE PLATFORM, SERVICES AND CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE”. YOU NAVIGATE AND USE THE PLATFORM, SERVICES AND CONTENT AT YOUR OWN RISKS. PayFacto MAKES NO REPRESENTATIONS OR WARRANTIES AS REGARDS THE PLATFORM, THE SERVICES OR THE CONTENT, INCLUDING, IN PARTICULAR, GUARANTEES REGARDING (i) THE QUALITY AND COMPLIANCE OF INFORMATION POSTED ON EXTERNAL SITES OR NON-VIOLATION OF THE RIGHTS OF THIRD; (ii) THE OPERATION OF THE PLATFORM, THE SERVICES OR THE CONTENT IN A SECURITY MANNER WITHOUT INTERRUPTION OR ERROR; (iii) THE USE OF THE PLATFORM OR SERVICES SATISFY YOUR NEEDS AND YOUR EXPECTATIONS; (iv) ACCURACY, COMPLETENESS, RELIABILITY OR RELEVANCE OF THE PLATFORM, SERVICES OR CONTENT; (v) CORRECTION OF DEFECTS OR ERRORS IN THE PLATFORM, SERVICES OR CONTENT; (vi) IN THE ABSENCE OF VIRUSES OR DAMAGING ELEMENTS IN THE PLATFORM, SERVICES OR CONTENT; AND (vii) THE SECURE OR INTERCEPTIONAL TRANSMISSION OF COMMUNICATIONS THROUGH THE PLATFORM, THE SERVICES OR THE CONTENT. 

 

PAYFACTO, ITS AFFILIATES AND THEIR DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR SUCCESSORS AND RESPECTIVE STAKEHOLDERS MAY NOT CIRCUMSTANCE BE HELD RESPONSIBLE FOR DAMAGES OF ANY KIND, DIRECT OR INDIRECTLY ARISING FROM THE USE OR PERFORMANCE OF THE PLATFORM, SERVICES, CONTENT OR SITES EXTERNAL, EVEN IF THEY KNEW OR SHOULD HAVE KNOWN POSSIBILITY OF SUCH DAMAGES. 

PAYFACTO, ITS AFFILIATES AND THEIR DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR SUCCESSORS AND RESPECTIVE STAKEHOLDERS, DECLINE ANY RESPONSIBILITY FOR ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY USER OF THE PLATFORM, SERVICES AND ANY ADVERTISER OR PLATFORM SPONSOR AND CANNOT BE HELD IN ANY CASE RESPONSIBLE FOR ANY DAMAGE, LOSS, DAMAGE OR COSTS ARISING FROM ANY WAY (i) OF THE ACTS, OMISSIONS OR CONDUCT OF THIRD PARTIES USERS; AND (ii) USE OR INABILITY TO USE ANYTHING, SUCH AS SOFTWARE, CONTENT, GOODS OR SERVICES OF A SITE OR OFFERED THROUGH A SITE LINKED TO THE PLATFORM. 

 

• Compensation 

 

Using the Platform and the Services, you agree to hold PayFacto, its affiliates and their directors, employees, agents, licensors or their respective successors and assigns unharmed and covered and of stand up for them with regard to all complaints, requests, responsibilities, costs or expenses of any kind, including including, in particular, legal fees and disbursements resulting from directly or indirectly: (i) your breach of any Terms of use; (ii) your browsing, use or inability to navigate or use the Platform or the Services or any other site to which the Platform is or may be linked from time to time; (iii) the use of publications, communications, distributions or downloads of any kind through the Platform or Services, or the fact that you have relied on them; (iv) non-compliance of information published on the Sites External and / or (v) violation by you of any laws or regulations applicable. You also agree to cooperate with PayFacto, its affiliated companies and their directors, employees, agents, licensors or their respective successors and assigns in contesting any claim. 

 

• Applicable laws 

 

Regardless of conflict principles of laws, the Terms of use as well as the use of the Platform and Services are governed by the laws of the Province of Quebec and the laws of Canada. When you use the Platform or the Services, you acknowledge that any dispute arising, directly or indirectly, from the Platform or the Services, from your use of the Platform or the Services, or relating to the Terms of use, will be subject to the jurisdiction of the courts of the province from Quebec. 

• General 

The Terms of use, as well as the Privacy Notice, replace any other previous agreement that could have intervene and constitute the entire agreement between you and PayFacto. You cannot assign or transfer the Terms of use as well as the Privacy Notice nor any right and / or obligation hereunder. 

 

Negligence or the delay of PayFacto in exercising any right, remedy, power or privilege under the Terms of use does not constitute a waiver of any such rights, remedies, powers or privileges. A waiver, to be valid, must be in writing and must be signed by PayFacto. A written waiver of a default must not 

be interpreted as constituting a waiver of any other defect or any defect of the same nature which may arise subsequently. 

 

If one or more provisions of the Terms of use or the Privacy Notice are declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or inapplicability would not affect the validity or the applicability of other provisions of the Terms of use or the Privacy Notice; and the Conditions of use and the Privacy Notice should then be interpreted as if the provision invalid or unenforceable had never been part of the Terms of use or the Privacy Notice. 

 

• Termination 

 

PayFacto reserves the right to terminate the agreed Terms of use and / or your right to navigation and use of the Platform or part of this or the Services or any of these for any reason whatsoever without notice, at its sole discretion. 

 

• Contact 

 

For any questions or comments, please contact:  

Email: support@PayFacto.com  

PayFacto Payments Inc. 

1, Place du Commerce #402 

Montréal (Québec) H3E 1A2 

Téléphone (sans frais) : 877 341-8293 

 

Last update : December 2022