Last Revised: June 4, 2020
You may use the Service only if you fully agree to the Terms – and by using the Service you signify and affirm your informed consent to the Terms. If you do not read, fully understand and agree to the Terms, you must immediately avoid or discontinue all use of the Service.
1. The HMC Service
1.1. The Service is designated to allow visitors and customers to easily place orders from HMC (each, an “Order”), to manage their Orders and to otherwise interact and engage with HMC online.
1.2. Your use of the Service and placement of Orders from HMC may be done solely at your own risk and responsibility. We encourage you to carefully review the information provided by HMC on their website, including their menus and any legal terms set by them, and to contact HMC directly for any additional information you require before placing an Order from them through the Service.
1.3. HMC is solely responsible for the information and content available on its websites, for its menus, offerings, products and services (and for the pricing thereof), and for accepting and fulfilling Orders placed via the Service.
1.4. Please note that parts of the Service may be offered in their BETA version, and are undergoing BETA testing. You understand and agree that the Service may still contain software bugs, suffer disruptions and/or communication interruptions, and not operate as intended or designated. For example, such interruptions may result in delays or even non-transmittal of your Orders (or HMC’s ability to receive and fulfill your Orders). Your use of the Service at this BETA stage signifies your agreement to participate in its BETA testing.
1.6. While we hope to avoid such instances, HMC may, at any time and at its sole discretion, change, suspend, disable access to or remove the Service or your access thereto without any liability to you or any other party. For more information, please see Section 9 below.
2. Customer Account
2.2. You must provide accurate and complete information when using the Service (including when you create your Customer Account), to which you are the sole and exclusive rightsholder. Without limitation, you may only connect your own Connected Account to the Service, and only provide your own (or your company’s) contact and billing details as well as those of any other person who lawfully authorized you to provide their details, including true and valid name, physical address, billing details and any other details necessary for the fulfillment of your Orders. By providing us details of any person or company that is not yourself, you hereby represent and warrant to HMC, and acknowledge that HMC is relying upon such representation and warranty in providing you with the Service, that you lawfully hold a right and appropriate authority and/or proxy, to provide such details.
2.3. Please note that if anyone other than yourself accesses your Customer Account, they may perform any actions available to you, make changes to your Customer Account, place Orders in your name (and if you opted to save your payment method details – at your expense) and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your Connected Account confidential, and to only allow people you trust (if any at all) to access it or any device connected to it – as you will be solely and fully responsible for all activities that occur under your Customer Account (including for any Orders placed via your Customer Account, and for any other representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
3.1. The Service enables HMC to accept payments for online Orders through certain third- party payment methods and services (“Third Party Payment Services”), by selecting and integrating such methods and services directly into the HMC’s website. The selection of the Third Party Payment Services may either be communicated to you by the HMC or not, at HMC’s discretion and responsibility.
3.2. You acknowledge and confirm that payment for an Order may be made through Third Party Payment Services, chosen by the respective HMC, from which you are placing an Order, and as such, the processing of such payment may also be subject to additional legal terms provided by such Third Party Payment Services and/or credit card issuer, and/or to additional fees or commissions set by them, as applicable. All prices and fees for any Order are determined solely by the HMC and/or their selected Third-Party Payment Services, without HMC’s involvement, review, or approval. HMC does not charge any additional fees or commissions from Customers placing or managing their Orders via the Service.
4. Refund Policy
4.1. The sale of all food items are final and returns and exchanges are not allowed.
4.2. Refunds for wrong orders or unsatisfactory product quality will be offered within 24 hours of receipt. Please contact HMC within 24 hours of discovering there is an issue with an HMC product at firstname.lastname@example.org; or, (434) 296-9091 to coordinate a refund.
5. Delivery and Pick-up Policy
5.1. HMC designed to-go menus as well as production and delivery models to ensure strict compliance with all local food safety regulations and so clients receive the highest quality products expected of Harvest Moon.
5.2. HMC will deliver/drop-off to-go food items as part of our Harvest@Home program (H@H) that are specifically ordered by phone or the H@H webpages and designated for delivery (versus ordered for pick-up at HMC). These deliveries will be executed directly by HMC utilizing HMC staff and vehicles – HMC does not use third party delivery companies. All other catering activity will be coordinated through HMC Sales staff utilizing traditional HMC sales contracts, processes, and procedures.
5.3. Clients may pick-up food orders from HMC (3352 Berkmar Dr., Charlottesville, VA) within the designated window. Clients may also choose when ordering to receive food hot or cold (with specific heating instructions).
5.4. The phone and online ordering processes allow the customer to request a delivery or pick-up window. HMC will meet this delivery window or contact the client as soon as able if deviations are expected. Normal lunchtime delivery will occur between 11:30AM-1:30PM, Monday-Saturday. The normal dinner delivery window is 5:00-7:00PM, Monday-Saturday. Pick-up from HMC may occur between 1:00-7:00PM, Monday-Saturday.
5.4. Clients may coordinate special delivery instructions (e.g., ring doorbell and leave on porch) and HMC will make every effort to accommodate these requests, within reason. Clients should call HMC (434-296-9091) when they arrive at HMC and a staff member will bring the order directly to their vehicle.
5.5. Delivery fees apply to all to-go deliveries based on the delivery distance. Details regarding delivery fees will be continuously updated on our website and will be available for customers to review prior to submitting their order. It is HMC’s intent to minimize delivery costs and will use these funds to offset travel costs and payroll costs.
5.6. The delivery fee for all orders within 10 miles of HMC is $5 with a $35 minimum order requirement. Additional deliver fees will be calculated for deliveries in excess of 10 miles from HMC. There are no fees for H@H pick-up orders.
6. Your Obligations
6.1. You represent and warrant that:
6.1.1. you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Terms (including any person or entity on behalf of which you intend to place an Order);
6.1.2. you are not a resident of (or will use the Service in) a country that the US government has embargoed for use of any services similar to the Service, nor are you named on the US Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
6.1.3. your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
6.1.4. you understand that HMC does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use of the Service, or your compliance therewith;
6.1.5. any information provided by you, including your or anyone else’s contact or billing information, is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or share, or for HMC and/or the HMC to use or possess in connection with the Service;
6.1.6. you have obtained all consents and permissions required under all applicable laws, regarding the possession, transmission and disclosure of any personal information and/or billing information by you to HMC and/or any HMC, and you will adhere to all laws applicable thereto.
6.2. You undertake and agree to:
6.2.1. fully comply with all applicable laws and any other contractual terms which govern your use of the Service (and any related interaction or transaction), including those specific laws applicable to you in your geographical location(s);
6.2.2. be solely responsible and liable with respect to any of the uses of the Service which occur under your Customer Account, and for any of your Orders (including for any consequences of placing Orders and/or sharing any personal information and/or billing information through the Service);
6.2.3. regularly and independently save and backup any information submitted and/or saved by you through the Service (such as your Order history or payment details), at your discretion and risk;
6.2.4. receive from time to time promotional messages and materials from HMC you ordered from, by mail, e-mail or any other contact form you may provide us with. If you wish not to receive such promotional materials or notices – please just notify the HMC(s), at any time.
6.3. You agree and undertake not to:
6.3.1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Service and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without HMC’s prior written and specific consent and/or as expressly permitted under the Terms;
6.3.2. publish and/or make any use of the Service on any website, media, network or system other than those provided by HMC, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around the Service, except as expressly permitted by HMC, in advance and in writing;
6.3.3. use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service (or its data), or in any way reproduce or circumvent the navigational structure or presentation of any of the Service to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Service;
6.3.4. act in a manner which might be perceived as damaging to HMC’s reputation and goodwill or which may bring HMC into disrepute or harm;
6.3.5. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use HMC or HMC’s trademarks, brand assets and/or variations and misspellings thereof;
6.3.6. Impersonate any person or entity or provide false information on the Service, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any action you take or message or transmittal you send to HMC and/or any HMC and/or Third Party Payment Services in connection with the Service;
6.3.7. reverse look-up, trace, or seek to trace another user of the Service, or otherwise interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about users of the Service without their express and informed consent;
6.3.8. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Service, the account of another Customer, or any other systems or networks connected to the Service, by hacking, password mining, or other illegitimate or prohibited means;
6.3.9. probe, scan, or test the vulnerability of the Service or any network connected to the Service;
6.3.10. upload to the Service or otherwise use it to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
6.3.11. take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Service or HMC’s systems or networks connected to the Service, or otherwise interfere with or disrupt the operation of the Service, or the servers or networks that host it or make it available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
6.3.12. use the Service in connection with any form of spam, fraud, scam, phishing, or any other illegal or immoral conduct
6.3.12. violate, attempt to violate, or otherwise fail to comply with any of the Terms or any laws or requirements applicable to your use of the Service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your Customer Account and/or any services provided to you – with or without further notice to you, and without any refund of amounts paid on account of or with respect to any such services.
7. Intellectual Property
7.1. Ownership: You acknowledge and agree that the Service (including any content or material contained therein, any underlying software code, interfaces, layouts, graphics, “look and feel” and functionality) and any and all copyrights, patents, designs, trademarks, service marks and any and all other worldwide intellectual property therein and thereto, are owned by, or licensed to, HMC. Your use of the Service confers no title or ownership in the Service and/or any other products or services offered by HMC, and may in no way be deemed as a sale or assignment of any rights therein.
7.2. Grant of License: Subject to your full and irrevocable acceptance of and compliance with the Terms and any applicable law, HMC hereby grants you a non-exclusive, non-transferable and limited license, to access and use the Service for placing Orders from HMC.
7.3. Feedback and Suggestions: If you provide us with any suggestions, comments or other feedback relating to the Service or any other HMC services or products (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights (“Feedback”), such Feedback shall be exclusively owned by HMC. By providing such Feedback to HMC, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to HMC any right, title and interest you may have in such Feedback, (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback.
8. Disclaimer of Warranties
8.1. We provide the Service on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the Service (or any part, feature or content thereof) is complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your contemplated activities, devices, operating systems, browsers, software or tools (or that it will remain as such at any time), or comply with any laws applicable to you or any HMC utilizing the Service (including in any jurisdiction in which you or such HMC reside or operate), or that its operation will be free of any viruses, bugs or other harmful components or program limitations.
8.2. We make no representation or warranty that any or all features, functionalities or content of the Service are appropriate for use or will be fully available in any specific geography. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right, at any time and in our sole discretion, to limit the availability and accessibility of the Service to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such Service.
8.3. HMC may, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any HMC’s website, Customer Account and/or Orders placed via the Service, at any time and for any reason, with or without notice
8.4. Notwithstanding anything to the contrary in the foregoing, in no circumstances may HMC be considered as a party to any engagement or transaction between any Customer and HMC(s) and/or Third Party Payment Services, does not in any way endorse any HMC, Third Party Payment Services and/or Customers, and assumes no liability for any products, services, Orders and/or transactions made available and/or placed by anyone through or in connection with the Service or any other products or services offered by HMC, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with accessing, using and/or relying on any information, content or action available through or made in connection with the Service.
8.5. You acknowledge that there are risks in using the Service and/or connecting and/or dealing with any HMC and/or Third Party Payment Services through or in connection with the Service, and that HMC cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by HMC (and their products or services) and/or Third-Party Payment Services, breach of warranty and/or contract, violation of rights, and any consequent claims.
9. Limitation of Liability
9.1. To the fullest extent permitted by law in each applicable jurisdiction, HMC, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content, whether originating from HMC, Third Party Payment Services or others; (2) any personal injury, health issues, bodily or emotional distress, or property damage related to your use of the Service and/or your Orders; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Service; (5) the use or display of any information or content posted, transmitted, or otherwise made available via or in connection with the Service; and/or (6) events beyond the reasonable control of HMC, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or any actions or non-performance of third parties (including any HMC or Third Party Payment Services).
9.2. You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for HMC’s services to you, and such limitations will apply even if HMC has been advised of the possibility of such liabilities.
10. Third Party Services
10.1. You agree to defend, indemnify and hold harmless HMC, its officers, directors, shareholders, employees, affiliates, agents, licensors and business partners, from and against any and all claims, damages, losses, liabilities, penalties, settlements, costs, debt and expenses (including attorneys’ fees) arising from: (1) your actual or alleged violation of any term of these Terms or any applicable law; (2) your use or misuse of the Service; (3) your failure to pay for any Order you place via the Service; and/or (4) any other type of claim that your actions and/or inactions violated the rights or otherwise caused any damage to a third party.
10.2. You acknowledge and agree that we will have the right to seek damages from you if you use the Service for unlawful purposes, in an unlawful manner, or in a manner inconsistent with the Terms, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
11.1. Governing Law & Jurisdiction: The Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Service, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States, without respect to its conflict of laws principles. Any and all claims and disputes relating to the foregoing shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in the United States. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
11.2. Changes & Updates: We may change the Service and/or these Terms (or any part thereof) from time to time, at our sole discretion and without any notice to you. Notwithstanding the foregoing, substantial changes to the Terms will be first notified on the Service and/or by sending you an e-mail to the e-mail address that is registered with us (if any). Such substantial changes will take effect not less than thirty (30) days after such notice was first provided via any of the aforementioned methods. All changes to any of the Terms shall be in writing, and shall become effective as of the “Last Revised” date stated therein. Your continued use of the Service subject to the revised Terms, after the Last Revised date, will constitute acceptance of, and agreement to be bound by, those changes. Please note that in the event that the Terms are changed to comply with any legal requirements or the requirements of any Third Party Payment Services, such changes (whether or not substantial) may take effect immediately, or otherwise at such a time as required by law or such Third Party Payment Services, with or without any prior notice to you.
11.3. Termination: We may terminate the Service, the Terms and/or your Customer Account at any time and for any reason by notifying you. We or any other HMC and/or Third Party Payment Services may suspend the Service (or its availability for such HMC and/or Third Party Payment Services) at any time, with or without cause. Once your Customer Account is terminated, we may permanently delete it and any data associated therewith.
11.4. Notices: We may provide you with notices in any of the following methods: (1) via or within the Service, including by a banner or pop-up; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. HMC’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
11.5. Relationship: The Terms, and your use of the Service, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between HMC and you. Furthermore, you acknowledge that the availability of the Service via any HMC’s website does not create and shall not be construed to create any form of partnership or other relationship between HMC and such HMC, and no HMC has the right to make any representations, warranties or commitments on HMC’s behalf – and in no event may any such representations, warranties or commitments bind HMC in any way.
11.7. Assignment: HMC may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the Service to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of HMC. Any attempted or actual assignment thereof without HMC’s prior explicit and written consent will be null and void.
11.8. Severability & Waivers: If any provision of the Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.
11.9. Interpretation: Any heading, caption or section title contained herein, is provided only for convenience, and in no way defines or explains any section or provision hereof, or legally binds any of us in any way.
11.10. Customer Service Contact: If you require assistance or customer support regarding any HMC or an Order you placed, please contact the HMC directly. To get in touch with HMC’s Customer Service, please use any of the options listed below:
11.10.1. Send an email message to: email@example.com
11.10.2. By Phone: (US Number) 1-434-296-9091 during normal business hours (Monday – Friday, between 8AM – 5PM EST)
This policy specifically pertains to the HMC Restaurants service, which is designated to allow visitors and customers of the HMC website to place orders from such HMC. It describes how we may collect and use personal information pertaining to such visitors and customers, and the rights and choices available to them regarding such information.
Capitalized terms which are not defined herein shall have the meaning ascribed to them in the HMC Restaurants Terms of Service.
1. Acknowledgment (please read carefully!)
Please note: you are not obligated by law to provide us with any information. You hereby acknowledge, warrant and agree that any information you do provide us is provided of your own free will and consent, for the purposes and uses described herein. This policy describes HMC’s privacy practices – what information we collect on visitors and customers of the service, how we collect it, what we do with it, how we protect it, and your rights regarding your information.
2. What Information Do We Collect?
We collect two types of information regarding Website Visitors and Customers: 1. Un-identified and non-identifiable information pertaining to a Website Visitor or un-identified Customer, which may be made available to us, or collected automatically via his/her access a HMC’s website and/or to the Service utilized thereby (“Non-personal Information”). Such Non-personal Information does not enable us to identify the Website Visitor or Customer from whom it was collected. The Non-personal Information collected by us mainly consists of technical and aggregated USge information, such as Website Visitors’ and Customers’ browsing and ‘click-stream’ activity on the HMC’s website and the Service, session heatmaps and scrolls, non-identifying information regarding the Website Visitor’s or Customer’s device, operating system, internet browser, screen resolution, language and keyboard settings, internet service provider, referring/exit pages, date/time stamps, etc.
2. Individually identifiable information, namely information that identifies an individual or may with reasonable efforts cause the identification of an individual, or may be of private or sensitive nature (“Personal Information”). The Personal Information collected by us mainly consists of contact details (e.g., e-mail address or phone number), billing details (name, physical billing address, payment method and transaction details), details regarding a browsing or USge session (IP address, Geo-location and/or device unique identifier), details regarding connected third-party accounts (such as the e-mail or username for a connected PayPal, Google or Facebook account), scanned identification documents provided to us (such as an ID card, driver’s license, passport or official company registration documents), correspondences (including those made through or uploaded to our Services), and any other Personal Information provided to us by Visitors and/or Users through their access to and/or use of the Services. For the avoidance of doubt, any Non-personal Information that is connected or linked to Personal Information (for example, in order to improve the Services we offer) is deemed and treated by us as Personal Information, as long as such connection or linkage exists.
We collect two types of information: Personal Information (which could be used to uniquely identify an individual) and Non-personal Information (which is non-identifying).
We collect such information regarding visitors and customers of HMC’ websites, and anyone else who may provide it to us.
3. How Do We Collect Such Information?
There are two main methods we use: We collect information through your use of the Services. In other words, when youaccess or use our Service, including when you browse the HMC’s website, we are aware of it any may gather, collect and record such uses, sessions and related information, either independently or with the help of third-party services as detailed in Section 6 below, including through the use of “cookies” and other tracking technologies, as further detailed in Section 7 below.
We collect information which you provide us voluntarily. For example, we collect the Personal Information you provide us when you sign-up or sign-in to our Service; when you access and use our Service; and/or when you contact us directly.When you visit or use our services – you may also provide us with certain information (either automatically through your uses, or by manually submitting it).4. Why Do We Collect Such Information?We collect such Non-personal and Personal Information for the following purposes:
To provide and operate the Service, including for identifying Customers and enablingthem and HMC to place and accept Orders;
To further develop, customize and improve our Service, based on Website Visitors’and Customers’ common or personal preferences, experiences and difficulties;
To enable HMC to better interact and engage with their Website Visitors andCustomers (and vice versa), and provide everyone with a better user experience;
To be able to contact Customers with general or personalized service-related notices and promotional messages (as further detailed in Section 8 below);
To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we, HMC or our business partners may each use to provide and improve any of our respective services;
To enhance our data security and fraud prevention capabilities; and
To comply with any applicable laws and regulations.We collect and use information in order to provide our services and make them better and safer.We also collect and use information in order to contact our users, and in order to comply with the laws applicable to us.
5. Where Do We Store Your Information?
5.1. Website Visitors’ and Customers’ Personal Information: may be maintained, processed and stored by HMC and our authorized affiliates and service providers in the United States of America and in other jurisdictions as necessary for the proper delivery of our Services and/or as may be required by law (as further explained below).
HMC affiliates and service providers that store or process your Personal Information on HMC’s behalf are each committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.
5.2. US Safe Harbor and Privacy Shield Frameworks: HMC complies with the US Harbor framework, as set forth by the US Department of Commerce regarding the collection, use, and retention of personal data. HMC has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view HMC’s certification, please visit http://www.export.gov/safeharbor. While the validity of the US, HMC continues to adhere to its core principles, solely as a supplementary measure for further protecting and enhancing our Website Visitors’ and Customers’ privacy (and without derogating from our commitment to follow all applicable legal requirements). If you have any questions about our Safe Harbor participation, please contact us using the information below.
We may store and process personal information subject to this policy in the US or other jurisdictions, whether by ourselves or with the help of our affiliates and service providers.
HMC’s data storage providers are committed to protect and secure your data.Among other things, HMC adheres to the Safe Harbor Privacy Principles, for further protecting and enhancing our users’ privacy.
5.3. Data Localization Obligations:
If you reside in a jurisdiction that imposes “data localization” or “data residency” obligations (i.e., requiring that Personal Information of its residents be kept within the territorial boundaries of such jurisdiction), and we become aware of that, we may maintain your Personal Information within such territorial boundaries, if we are legally obligated to do so. For example, if we learn that you reside in the Russian Federation, we may be required to maintain your Personal Information there, whether independently or with a local data storage and processing provider.
You acknowledge and agree that while doing so, we may continue to collect, store and use your Personal Information elsewhere, including in the United States of America as explained above.
Some jurisdictions require us to maintain and store their residents’ information locally. We may also collect, process, store and use such information elsewhere, including in the US.
6. Sharing Personal Information with Third Parties
HMC may share your Personal Information with third parties (or otherwise allow them access to it) only in the following manners and instances:
6.1. HMC and Third Party Payment Services: Once you place an Order via the Service, we will share your Order details – together with the Personal Information you submitted as part of that Order – with the relevant HMC. Your Order’s payment details may also be shared with the relevant Third Party Payment Service. If you would like to make any requests or queries regarding your Personal Information that is maintained by such HMC and/or Third Party Payment Service, please contact it directly. We may share your information with certain third parties, including our service providers, law enforcement officials and HMC. The information may be shared only in accordance with this policy.
6.2. Third Party Services:
HMC has partnered with and/or enables you and HMC to use the services of a number of selected service providers, whose services and solutions complement, facilitate or enhance our own. These include billing and payment processing services, restaurant and business directories and review websites, hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, domain name registrars, fraud detection and prevention services, web analytics, e-mail distribution and monitoring services, session recording and remote access services, performance measurement and data optimization services, content providers, and our legal and financial advisors (collectively, “Third Party Service(s)”). Such Third Party Services may receive or otherwise have access to Website Visitors’ and Customers’ Personal Information, in its entirety or in part – depending on each of their particular roles and purposes in facilitating and enhancing our Service and/or HMC’ services, and may only use it for such purposes.
6.3. Law Enforcement, Legal Requests and Duties:
HMC may disclose or otherwise allow others access to your Personal Information pursuant to a legal request, such as a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have a good faith belief that the law requires us to do so, with or without notice to you.
6.4. Protecting Rights and Safety:
HMC may share your Personal Information with others if we believe in good faith that this will help protect the rights, property or personal safety of HMC, yourself, any of our users or Customers, or any member of the general public, with or without notice to you.
6.5. Social Media Features and Framed Pages:
Our Service includes certain Social Media features and widgets, such as the “Facebook Connect” or “Google Sign-in” features or other interactive mini-programs (“Social Media Features”). These Social Media Features may collect information such as your IP address or which page you are accessing our Service, and may set a cookie to enable them to function properly. Social Media Features are either hosted by a third party or hosted directly on our Service. Your interactions with these third parties are governed by their policies and not ours.
6.6. HMC Subsidiaries and Affiliated Companies:
For the avoidance of doubt, HMC may share your Personal Information in manners other than as described above, pursuant to your explicit approval, or if we are legally obligated to do so. Moreover, HMC may transfer, share, disclose or otherwise use Non-personal Information in its sole discretion and without the need for further approval.
HMC, together with its marketing, analytics and technology partners, uses certain monitoring and tracking technologies (such as cookies, beacons, pixels, tags and scripts). These technologies are used to collect or receive information which is necessary for us to maintain, provide and improve our Service on an ongoing basis, for both Website Visitors and Customers. For example, thanks to these technologies, we are able to maintain and keep track of Website Visitors’ and Customers’ preferences and authenticated sessions, to better secure our Service, to identify technical issues, user trends and effectiveness of campaigns, and to monitor and improve the overall performance of our Service.
Cookies: In order for some of these technologies to work properly, a small data file (“cookie”) must be downloaded and stored on your device. By default, we use several persistent cookies for purposes of session and user authentication, security, keeping the Customer’s preferences (e.g., regarding default language and settings), connection stability (e.g., for uploading media, using e-Commerce features, etc.), monitoring performance of our services and marketing campaigns, and generally providing and improving our Service.
If you want to delete or block any cookies, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies. Information on deleting or controlling cookies is also available at www.AboutCookies.org (note that this website is not provided by HMC, and we therefore cannot ensure its accuracy, completeness or availability).
Please note that deleting our cookies or disabling future cookies or tracking technologies may prevent you from accessing certain areas or features of our Service, or may otherwise adversely affect your user experience.
Clear Gifs: We and certain Third Party Services may employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), which enables them and us to improve our Service by measuring their effectiveness and performance. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, however unlike cookies these are not stored on your device, but are instead embedded within our Service.
Flash and HTML5: We and certain Third Party Services may also employ certain tracking technologies known as “Flash cookies” and “HTML5”, mainly for advertising purposes. Various browsers may offer their own management tools for removing or blocking such technologies. Additional information about managing Flash cookies is available here (note that this website is not provided by HMC, and we therefore cannot ensure its accuracy, completeness or availability)
Behavioural Targeting/Re-Targeting: Certain Third Party Services and ad networks may display advertising on our Service or manage our advertising on other websites. Such parties may use tracking technologies to collect certain information about your activities on the Service and different third party websites to provide you with targeted advertising based on your interests and preferences. You may opt-out of receiving targeted ads from certain advertisers and ad networks via various third party services, such as the TRUSTe service by clicking here, via AboutAds.info by clicking here, or if you are located in the European Union, via YourChoicesOnline.eu by clicking here. Please note this does not opt you out of receiving any advertising.
“Do Not Track” Signals: Please note that we do not change our practices in response to a “Do Not Track” signal in the HTTP header from a browser or mobile application.
8. Communications from HMC
8.1. Promotional Messages: By signing-up to the Service and providing HMC with your e-mail address or any other contact information (such as your phone number or Connected Account information), you expressly agree to receive promotional content, messages or calls from the HMC through such means. Accordingly, HMC shall be entitled to call you or send you promotional content or messages by e-mail, SMS, direct text messages, marketing calls and similar forms of communication.
If you wish not to receive such promotional messages or calls, you may notify the HMC, at any time or follow the “unsubscribe” or STOP instructions contained in the promotional communications you receive (if any). You agree that we or our partners may send you promotional messages and content. You can easily opt-out of receiving promotional messages by contacting us or using the “unsubscribe” options provided by us.
8.2. Service and Billing Messages:
HMC may also contact you with important information regarding our Service, or your use thereof. For example, we may send you a notice (through any of the means available to us) if a certain Service is temporarily suspended for maintenance; reply to your support ticket or e-mail; send you notices, reminders or alerts regarding billing and payments; or notify you of material changes in our Service.
You will not be able to opt-out of receiving such Service and Billing Messages.
We may also contact you with service and billing-related messages and content. You will not be able to opt-out of receiving such messages.
9. Accessing Your Personal Information
If you wish to access and/or request us to make corrections to the Personal Information that you have stored with us, or wish to request a list of what Personal Information (if any) pertaining to you we disclosed to third parties for direct marketing purposes (in accordance with the California Civil Code Section 1798.83, as applicable), feel free to send us an e-mail to firstname.lastname@example.org or mail your request to HMC, 3352 Berkmar Dr, Charlottesville, VA 22901, and we will respond within a reasonable timeframe and in accordance with any applicable law.
Note that you may also correct, update or remove certain parts of such Personal Information by yourself, or completely deactivate your Customer Account, through your Customer Account settings. You may request to access or correct the personal information you have stored with us, by sending us an e-mail or letter. You may also correct, update or remove certain information, or deactivate your account, through your account or website settings.
10. Data Retention
We may retain your Personal Information for as long as your Customer Account is active or as otherwise needed to provide you with our Service.
We may continue to retain such Personal Information even after you deactivate your Customer Account and/or cease to use the Service, as reasonably necessary to comply with our legal obligations, to resolve disputes concerning Customers and/or HMC, prevent fraud and abuse, enforce our agreements and/or protect our legitimate interests.
We may keep your information for as long as your account is active, and longer as needed (for example, if we are legally obligated to keep it further, or need it to protect our interests).
HMC has implemented security measures designed to protect the Personal Information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to most areas on our Service; the transmission of sensitive payment information (such as a credit card number) through our designated Order forms is protected by an industry standard SSL/TLS encrypted connection; and we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third Party Services for further enhancing the security of our Service and protecting Customers’ privacy.
However – regardless of the measures and efforts taken by HMC, we cannot and do not guarantee the absolute protection and security of your Personal Information by HMC or anyone else. We therefore encourage you to avoid providing us with any sensitive information which you believe its disclosure could cause you substantial or irreparable harm.
Furthermore, because certain areas on our Service are less secure than others (for example, if you browse to a non-SSL page), we request and encourage you not to share any Personal Information on any such areas or via any such methods.
If you have any questions regarding the security of our Service, you are more than welcome to contact us at email@example.com.
We are committed to securing your personal information, and use various security measures to better protect it.
However, as we can’t guarantee absolute protection – we encourage you to be careful, protect your account’s login credentials, and avoid submitting any sensitive information which, if exposed, could cause you major harm.
12. Terms of Service, Updates and Interpretation
As noted in the HMC Restaurants Terms of Service, we disclaim all warranties and shall not be liable for any damages (subject to applicable law).
This policy shall be governed by the laws of the United States.
We may change this policy at any time. We will notify you of any material changes.
Translated (non-English) versions of these terms are provided for convenience only.
13. Contacting Us