Aenkann

Privacy Policy

We at Aenkann Inc. respect the privacy of your personal information and, as such, make every effort to ensure your information is protected and remains private. As the owner and operator of www.aenkann.com (the "Website") and the mobile application Aenkann app (the "App"), hereafter referred to in this Privacy Policy as "Aenkann", "us", "our" or "we", we have provided this Privacy Policy to explain how we collect, use, share and protect information about the users of our Services, including, without limitation, Participating Restaurants and any Restaurant Guest patronizing a Participating Restaurant (hereafter collectively referred to as "user", “you” or “your”). We will not use or share your personal information with anyone except as described in this Privacy Policy.

This Privacy Policy will inform you about the types of personal data we collect, the purposes for which we use the data, the ways in which the data is handled and your rights with regard to your personal data.

For purposes of this Privacy Policy, "Your Information" or "Personal Data" means information about you as a Participating Restaurant or as a Restaurant Guest, which may be of a confidential or sensitive nature and may include personally identifiable information ("PII") and/or financial information. PII means individually identifiable information that would allow us to determine the actual identity of a specific living person, while sensitive data may include information, comments, content and other information that you voluntarily provide.

Aenkann collects Personal Data when you use our Website or App to access our services, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. The term Services includes, collectively, various applications, software, technologies, websites, widgets, email notifications and other mediums, or portions of such mediums, through which you have accessed this Privacy Policy.

We may change this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting the revised Privacy Policy on the Website and in the App. Those changes will go into effect on the "Last updated" date shown at the end of this Privacy Policy. By continuing to use our Services, the Website or the App, you consent to the revised Privacy Policy. We encourage you to periodically review the Privacy Policy for the latest information on our privacy practices.

BY ACCESSING OR USING OUR SERVICES, YOU CONSENT TO THE COLLECTION, TRANSFER, MANIPULATION, STORAGE, DISCLOSURE AND OTHER USES OF YOUR INFORMATION (COLLECTIVELY, "USE OF YOUR INFORMATION") AS DESCRIBED IN THIS PRIVACY POLICY AND OUR TERMS OF SERVICE WHICH MAY BE ACCESSED HERE. IF YOU DO NOT, OR NO LONGER, AGREE WITH OR CONSENT TO THIS PRIVACY POLICY AND OUR TERMS OF SERVICE YOU MAY NOT ACCESS OR USE OUR SERVICES.

Information Provided Directly By You
We collect information you provide directly to us, such as when you request information, create or modify your personal account, request Services, use our Services, complete an Aenkann form, survey, questionnaire or application, contact customer support, make a purchase, join or enroll for an event or otherwise communicate with us in any manner. This information may include, without limitation: name, date of birth, e-mail address, physical address, business address, phone number, method of payment information, or any other personal information you choose to provide.
Information Collected Through Your Use of Our Services
We may collect information about your activity on our services as a Participating Restaurant or as a Restaurant Guest patronizing a Participating Restaurant, for instance how you use the Services and how you interact with the Participating Restaurant or the Restaurant Guest respectively, other users of the Service and Aenkann. The following are situations in which you may provide Your Information to us:
- When you register for an account with our Service as a Participating Restaurant;
- When you register for an account with our Service as a Restaurant Guest;
- When you fill out forms or fields through our Services;
- When you order products or services from, or through our Service;
- When you provide responses to a survey or a questionnaire;
- When you join or enroll in an event through our Services;
- When you sign up for any newsletters or other materials through our Services;
- When you provide information to us through a third-party application, service or Website;
- When you communicate with us or request information about us or our Services, whether via email or other means;
- When you participate in any of our marketing initiatives, including, contests, events, or promotions; and,
- When you participate in forums, reviews or provide or post user generated content or other submissions.
Aggregated Data
We may collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data is de-identified or anonymized and does not constitute Personal Data as this data does not directly or indirectly reveal your identity. If we ever combine Aggregated Data with your Personal Data so that it can directly or indirectly identify you, we treat the combined data as PII which will only be used in accordance with this Privacy Policy.
Device Information
When you use our Services we may collect information regarding and related to the device being used, such as hardware models and IDs, device type, operating system version, the request type, the content of your request and basic usage information about your use of our Services, such as date and time. In addition, we may collect information regarding application-level events and associate that with your account to provide customer service.
Location Information
When you use the Services we may collect your precise location data (if you permit the service to access location information). We may also derive your approximate location from your IP address. This is to provide recommendations to you, and to enhance your user experience and improve the services.
Call and SMS Data
In connection with providing Service, we may receive call data, including the date and time of the call or SMS message, the parties phone numbers, and the content of the SMS message. You consent to the receipt, collection and storage of this information.
Children's Privacy
Our Services are not directed to children under 16 and we do not knowingly collect Personal Information from children under 16. If we become aware that we have inadvertently received Personal Information from a person under 16 years of Age, we will delete such information from our records. A parent or a guardian may request for deletion of the child’s Personal Information by sending an email to contactus@aenkann.com with the subject ‘PRIVACY: PI Deletion Request’.
Protective Measures We Use
We protect your information using commercially reasonable technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. Although we take measures to secure your information, we do not promise, and you should not expect, that your personal information, or searches, or other information will always remain secure. We cannot guarantee the security of our information storage, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet including, without limitation, email and text transmissions. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
The Legal Basis and Reasons for Collection and Processing Your Personal Information
The legal basis upon which we rely for the collection and processing of your Personal Information are the following:
- When signing up to use our Services, either as a Participating Restaurant or as a Restaurant Guest, you have given us explicit consent allowing Aenkann to provide you with our Services and generally to process your information in accordance with this Privacy Policy;
- It is necessary for entering into, or performing, the obligations of a contract between you and Aenkann, including, without limitation, the Terms of Service agreement which may be accessed by you here;
- It is necessary registering you as a user, managing your account and profile, and authenticating you when you log in;
- It is necessary for our legitimate interests in the proper administration of our Services and business; analyzing the use of our Services; assuring the security of our Services; maintaining back-ups of our databases; and communicating with you;
- To resolve technical issues you encounter, to respond to your requests for assistance, comments and questions, to analyze crash information, to repair and improve the Services and provide other customer support;
- To send communications via email and within the Services, including, for example, responding to your comments, questions and requests, providing customer support, and sending you technical notices, product updates, security alerts, and account management related messages.
- To send promotional communications that you have consented to receive or have expressed a legitimate interest in receiving;
- It is necessary for our legitimate interests in the protection and assertion of our legal rights, and the legal rights of others, including you.
How We Use Information We Collect
We will not rent, sell, lease or barter Your Information to anyone unless you grant us explicit permission for this information to be shared in that manner. Our primary purpose in collecting, holding, using and disclosing your Information is for our legitimate business purposes and to provide you with a safe, smooth, efficient, and customized Service experience. We will use this information in order to:
- Operate and provide our Services;
- Improve our internal operations, systems, products, and Services;
- Provide users with customer support including, sending you related information, including confirmations, technical notices, updates, security alerts, and administrative messages;
- Understand you and your preferences to enhance your experience and enjoyment using our Services;
- Contact you and provide you with important notices;
- Analyze, improve and manage our Services and operations;
- Contact you for administrative, account maintenance purposes;
- Resolve problems and disputes, and engage in other legal and security matters;
- Protect, investigate, and deter against fraudulent, unauthorized, or illegal activity;
- Enforce our Terms of Service and any terms and conditions of any agreements for our Services;
- Send you communications we think will be of interest to you, including information about our products, services, promotions, news, and events of Aenkann;
- Verify your identity and prevent impersonation, spam or other unauthorized or illegal activity including, without limitation, infringement of intellectual property rights of third parties.
How We Share Information We Collect
- We share the information we collect about you as described in this Privacy Policy, or as described at the time of collection or sharing, as follows:
  - With third party Service Providers to enable them to provide the Services you request;
  - With third parties with whom you choose to let us share information;
  - With Aenkann subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data verification, data centralization and/or logistics purposes;
  - With entities that provide payment processing services on our behalf;
  - With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
  - In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, court or legal process;
  - With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our user agreements, Terms of Service, or policies, or to protect the rights, property, or safety of Aenkann or others;
  - In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
  - If we otherwise notify you and you consent to the sharing; and
  - In an aggregated and/or de-identified form which cannot reasonably be used to identify you. We only use such data in the aggregate form and our analytical services do not record any personal information.
- We may disclose Your Information as follows:
  - To any person who, in our reasonable judgment, is authorized to receive Your Information as your agent, including as a result of your business dealings with that person (for example, your attorney);
  - As required by law or ordered by a court, regulatory, or administrative agency;
  - As we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule or regulation, or are otherwise interfering with another's rights or property, including, without limitation, our rights or property;
  - To enforce our Terms of Service, this Privacy Policy, and any other applicable agreements and policies.

California Residents

Pursuant to the California Consumer Privacy Act of 2018, below is a summary of information collected from our consumers.

Category	Examples	Collected
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	NO
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	NO
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.	NO
G. Geolocation data.	Physical location or movements.	NO
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information.	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	NO

You may request for deletion/access of your Personal Information by sending an email to contactus@aenkann.com with the subject ‘PRIVACY: PI Deletion/Access Request’. Aenkann does not (has not and will not) rent, sell, lease or barter Your Information to anyone (including third parties, as we understand those terms based on the California Consumer Privacy Act and its implementing regulations). Our primary purpose in collecting, holding, using and disclosing your Information is for our legitimate business purposes and to provide you with a safe, smooth, efficient, and customized Service experience. Merchants will enter into an agreement with Aenkann to not sell, rent or retain your Personal Information. Customers whose Personal Information was collected through Aenkann shall be contacted by Merchants only through Aenkann services.

Sharing Information with Law Enforcement
- Aenkann is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Aenkann receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
- Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure of Customer Communications or Records), Aenkann may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Aenkann will not release more information than it prudently believes is necessary to prevent harm in an emergency situation.
User Content and Public Sharing
If you share User Content or post a comment or message that contains personally identifiable information to a page on our Services that is accessible to the public, third parties may use that information, or share it with other parties. As a result, you may receive unsolicited messages from other parties. Such User Content, comments or messages is not subject to this Privacy Policy and you share this information at your own risk.
Links to Third-Party Websites
- Our Services, as well as the email messages sent with respect to our Services, may contain links or access to websites operated by third parties that are beyond our control. Links or access to third parties from our Services are not an endorsement by us of such third parties, or their websites, applications, products, services, or practices. We are not responsible for the privacy policy, terms and conditions, practices or the content of such third parties.
- If you visit or access a third-party Website, application or other property that is linked or accessed from our Services, we encourage you to read any privacy policies and terms and conditions of that third party before providing any personally identifiable information. If you have a question about the terms and conditions, privacy policy, practices or contents of a third party, please contact the third party directly.
Account Information
You may correct your account information at any time by logging into your account if you have been provided with a password, or contacting us at contactus@aenkann.com. If you wish to cancel your account, please email us at contactus@aenkann.com. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law.
Promotional Information Opt Out
You may opt out of receiving any promotional messages from us at any time by following the instructions in those messages sent to you, or by contacting us at any time using the Contact Us information at the end of this Privacy Policy. In doing so, you elect not to receive correspondence from us or have Your Information shared with other entities for their marketing purposes. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
Our Information Retention Policy
Unless you request that we delete certain information, we retain the information we collect for as long as your account is active or as is needed to provide you services. Following termination or deactivation of your account, we will retain information for at least 1 year and may retain the information for as long as needed for our business and legal purposes. We will only retain your Personal Data for so long as we reasonably need to unless a longer retention period is required by law (for example for regulatory purposes).
Contact Us
If you have any questions or if you would like to contact us about our processing of your personal information, including exercising your rights as outlined above, please contact us by any of the methods below. When you contact us, we will ask you to verify your identity.

Email: contactus@aenkann.com

Phone: 1-855-AENKANN (1-855-2365266)

Last updated: November 25, 2020