TextMyFood Privacy Policy

Effective July, 2010

TextMyFood, LLC, (“TextMyFood”) is committed to safeguarding your privacy and upholding the highest levels of information security. To that end, the company adheres to the strictest consumer privacy guidelines and uses state-of-the-art security technology to protect any information you provide to and through TextMyFood's websites.

About the TextMyFood Network

Each of the restaurants listed on the TextMyFood websites has adopted TextMyFood’s proprietary service requesting system (“the TextMyFood System”) to augment their traditional server-based systems. Personal information that users provide when using the TextMyFood system is provided only to the restaurant where service is requested as necessary to fulfill the service request.

Users may have the opportunity to opt-in to receive special promotions from one or more specific restaurants. Users may opt-out from receiving promotions at any time.

This document describes how TextMyFood Website user information is collected, stored, used and, in specific instances, shared with restaurants via their TextMyFood System.

Information you will be asked to provide when using the TextMyFood Websites:

Unregistered Users:

As an Unregistered User, when you use the system you will be asked to provide a table number code. This code is used in providing in-restaurant service. The system will also store the incoming cell phone number and pass this along to the restaurant where service is requested. No other personal information is requested or stored. TextMyFood will use the cell phone number for no purpose other than providing in-restaurant service, unless you have consented to receiving marketing communications from either TextMyFood or from one or more specific restaurants.

Registered Users:

At this time, TextMyFood does not offer a registration process for users. In the future, users may be offered the opportunity to register with the system and receive VIP status.

Users outside of the United States should understand that all information shared while using the system is sent to and stored on secure servers that are located in the United States. The United States has data protection laws that may not be consistent with those of other countries. If TextMyFood transfers your information outside of your host country, TextMyFood will take steps to ensure that your privacy rights continue to be protected.

What information is accessible to restaurants:

When you use the TextMyFood system within a restaurant, your telephone number is provided to that restaurant, just as would occur if you called that restaurant directly. TextMyFood will only share the information specified above with the restaurant at which you have used the TextMyFood system. Restaurants cannot use their TextMyFood system to access information pertaining to diners or dining histories from other restaurants, with the exception that restaurants under the same corporate ownership may elect to share diner information between restaurant properties.

Restaurants may receive summary reports of feedback from recent diners. If you provide comments about a restaurant these will be shared with that restaurant anonymously. You may choose not to be anonymous while submitting your comments if you specify your identity or provide contact information such as an email address for the restaurant to use in response to your feedback.

Promotional Messages from TextMyFood:

TextMyFood sends automated service messages pertaining to upcoming or recent restaurant special promotions. You can unsubscribe from service messages by following the "unsubscribe" instructions provided.

Where you have consented to receive marketing communications from TextMyFood, you may from time to time receive communications relating to special offers and/or TextMyFood dining recommendations. You may unsubscribe from the TextMyFood email list at any time by following the directions provided in the email communications, by replying to the marketing communications with "Unsubscribe" in the subject line, or by visiting your Profile page and choosing to opt out from receiving marketing communications.

Promotional Messages from restaurants:

You may also consent to receive marketing communications from the restaurant where you have used the TextMyFood service. TextMyFood plays no role in the content, frequency, timing or unsubscription process of any restaurant's marketing communications. If you would like to unsubscribe from a restaurant's marketing communications, please contact the appropriate restaurant directly.

Purposes of use of your personal information:

TextMyFood may use your personal information for the following purposes:

to verify information in your TextMyFood restaurant service request, by providing your cell phone number and table code to that restaurant,

to provide you with information about the services of the TextMyFood,

to produce aggregate statistical data for the improvement of services offered by the TextMyFood Websites,

to provide you with restaurant recommendations based on your dining history,

for any other purposes related to those above.

Viewing your profile and changing your personal information:

In the future, TextMyFood may provide a means for Registered Users to log on to the TextMyFood websites, to view their personal information stored by TextMyFood. Web pages may contain electronic images (called a "single-pixel GIF" or "web beacon") that are used to count users who have visited that page, or to access certain cookies.

How TextMyFood uses your personal information:

TextMyFood will never sell, rent, loan or otherwise distribute any of your personal information (including but not limited to your name, email address, phone number or any other identifiable information about you) to any third party without your prior expressed written consent, although TextMyFood will pass certain information on to restaurants at which you use the system, only as described above.

TextMyFood does use aggregate data (based partly on IP addresses of website visitors) collected through its website to analyze website usability, system performance and usage trends. While this data, in its aggregate form only, may be shared with third parties with whom TextMyFood works to analyze it, the data will only be shared under the strictest terms of confidentiality and will never contain any personally identifiable information pertaining to any user of the TextMyFood Websites.

Notwithstanding anything to the contrary in this privacy policy, TextMyFood may be required to disclose user and personal information in response to inquiries by formal law enforcement, or in cases permitted by the United State's CAN-SPAM Act of 2003 (CAN-SPAM), the European Union's Safe Harbor Provisions ("Safe Harbor"), Japan's Personal Information Protection Act ("PIPA"), or other related privacy laws and regulations.

How restaurants may use your personal information:

Restaurants in the TextMyFood network primarily use guest information provided through the TextMyFood system to provide the desired table service. Additionally, as noted above, if the user has given permission to a restaurant to send messages to that user's phone, the restaurant may then contact the diner with special announcements or offers.

TextMyFood restaurants want to provide you with the best possible service so that you will visit them again. One way restaurants can distinguish themselves is by recognizing returning diners and recalling their special preferences. For this reason, a restaurant may use its TextMyFood System to take note of your special requests and other pertinent information that will help the restaurant serve you better during your next visit. This data belongs to the restaurant, since it is a product of that restaurant's relationship with you. TextMyFood does not access or use this information, and it is not shared with any other TextMyFood restaurant or third party, other than, perhaps, a restaurant under the same ownership. TextMyFood does create back-up copies of all information stored on the TextMyFood System for that restaurant, to assist in the restoration process in the event of data loss.

The restaurants within TextMyFood’s network are separate businesses from TextMyFood. While TextMyFood encourages them to comply with data protection requirements, TextMyFood will not be responsible if these restaurants fail to comply with respect to your information. Any complaints or inquiries regarding use of your information by an TextMyFood restaurant, or marketing communications from an TextMyFood restaurant, should be addressed directly to the restaurant in question.

Restaurants within the TextMyFood network may also have their own websites. TextMyFood is not responsible for how these restaurants may collect your personal information through their own websites. Please contact the appropriate restaurant regarding its website's privacy policy (if applicable) and how it will access or use your personal information.

How TextMyFood protects your registration information:

TextMyFood makes its best efforts to ensure that all of your user information is secure. In addition, TextMyFood stores all of your personal information on a secure server. TextMyFood employs a staff that regularly maintains the security of all personal information stored, and that continually monitors and implements changes and improvements that become available in the electronic data security industry.

Changes to TextMyFood’s privacy policy:

Any changes to TextMyFood’s privacy policy will be posted to this section of the website, along with the effective date of the new policy. All users should check this privacy policy page periodically to stay abreast of any such changes. TextMyFood will never make changes to its privacy policy that violate any applicable privacy laws, including CAN-SPAM, Safe Harbor, PIPA, or other commercial privacy standards. For any material changes to the privacy policy (in situations where TextMyFood changes the manner in which we handle your personal information), we will notify you via email or by placing a prominent notice on the homepage of our website.

Disclosure, correction, suspension of use of personal information:

If you wish to have TextMyFood disclose to you the personal information held by TextMyFood and the means through which TextMyFood obtained such information, or if you desire the information's correction, suspension of use, or to be informed of the purpose of use by TextMyFood, please contact TextMyFood. (Contact information is provided in the "Contacting TextMyFood" section of this website.) Upon receiving the request, TextMyFood shall meet such request pursuant to the provisions of each applicable privacy regulation after it confirms that such request has been made by you personally.

Contacting TextMyFood:

For questions regarding how to access and change your personal information visit http://www. TextMyFood.com/ or contact customer support at 1- 617-444-9998.

For questions or opinions on TextMyFood privacy policy, contact TextMyFood via email at info@ TextMyFood.com or by mail at: TextMyFood, Attn: Legal Department, One Broadway, 14th Floor, Cambridge, MA 02142.