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A. Legal Notices

B. Terms of Use

C. Privacy and Cookie Statement

D. TheFork Websites and Businesses

A. LEGAL NOTICES

The website https://www.thefork.com and TheFork mobile and tablet apps are published by:


La Fourchette SAS

A simplified joint stock company with capital of 136 343 580,00 euros 

Registered office: 70, rue Saint-Lazare, 75009 Paris, France

RCS PARIS 494 447 949

European VAT No.: FR71494447949


Publication director: Almir Ambeskovic.

Telephone: +33 (0)1 77 48 75 67   

Email: contact@thefork.fr


The website http://www.thefork.com is hosted by:

Amazon Web Services EMEA SARL
38 avenue John F. Kennedy, L-1855 Luxembourg
http://aws.amazon.com/

B. TERMS OF USE

Last update: 19 June 2019

These Terms of Use and the Privacy and Cookie Statement constitute your agreement with La Fourchette SAS (if you are a restaurant owner accepting reservations through TheFork Site, these provisions also apply to you in addition to the General conditions of sale and use as well as the special conditions at the time of your registration). Read them carefully; these provisions bind you as soon as you use TheFork Site.

Attention: If you do not agree with all or some of these Terms of Use, you should not use TheFork Site.


PART 1. GENERAL CONDITIONS OF USE

Definitions

"TheFork" : means the company La Fourchette SAS.

"TheFork Site" : refers to all web and mobile websites accessible at " https://www.thefork.com" and TheFork mobile and tablet apps.

"User" : means any individual over 18 years of age, capable of entering into contracts, who visits TheFork Site and/or has an account on TheFork Site and in the plural “Users”.

"Terms of Use" : refers to these general conditions of use and any special conditions of use.

"Restaurateur Content" : refers to elements of the restaurant page provided to TheFork by the restaurateur or which the restaurateur has authorised TheFork to load onto TheFork Site, such as food and beverage prices, average price of a meal, the name of the chef, restaurant availability, the menu, calendar, restaurant themes and photos of the restaurant.

"User Content" : refers to all the elements provided by the User on TheFork Site, including text, document, image, photo, review or right of reply.


Acceptance and modification of the Terms of Use

TheFork provides the User with an online restaurant search and reservation service in exchange for unconditional acceptance of these Terms of Use.

Users declare and acknowledge having fully read these Terms of Use. Furthermore, by using any of the services offered on TheFork Site, Users unconditionally accept to be bound by these Terms of Use.

TheFork reserves the right to amend these Terms of Use at any time, in whole or in part. It is therefore the User's responsibility to regularly consult the latest version of the Terms of Use posted on TheFork Site. Users are deemed to accept this latest version upon each new use of TheFork Site.

By accessing or using TheFork Site in any way, the User agrees to be bound by these Terms of Use.


1. Description of TheFork Site

Use of TheFork Site is subject to limitations of liability on the part of TheFork. Please refer to Article 8 "Limitation of Liability" for details.

1.1 Introduction platform

TheFork Site is a platform that allows the User to connect with the restaurants listed on TheFork Site, among other functionnalities. As such, TheFork acts exclusively as an intermediary in connection with the reservation of said restaurants by the User.

1.2 Real time search for and reservation of tables in a restaurant

TheFork Site allows the User to search for and reserve a table in a restaurant in real time.

TheFork Site also allows the User to cancel their reservation in the event of unforeseen circumstances.

1.3 Promotional offers from restaurants listed on TheFork Site

TheFork Site allows the User, provided that the reservation is made through TheFork Site, to benefit from promotional offers provided by the restaurants on TheFork Site. Not all restaurants have promotional offers. The conditions of validity of such promotional offers are set out on TheFork Site. Users undertakes to verify the conditions of validity of a promotional offer before reserving on TheFork Site and in no case may claim the benefit of a promotional offer from the restaurant outside the conditions of validity as they are set out on TheFork Site, and/or outside the reservation procedure containing the promotional offer.

One condition of validity is that the User and their entire party must arrive at the restaurant reserved at the time reserved. If a User and all their guests do not show up at the restaurant within 15 minutes of the reserved time, the restaurant may choose to not apply the promotional offer associated with the reservation for the User and their party. For the sake of clarity, this means that if the User or any of their guests is more than 15 minutes late, the User and their entire party will lose the automatic benefit of the promotional offer and the restaurant may decide whether or not to apply the promotional offer to all or some of the guests.


2. Free Use of TheFork Site

The services offered on TheFork Site are generally free.

Tariffs may be applicable, in particular depending on changes to the services offered, the evolution of the network, and of technical and/or legal constraints. Users will be duly informed by an amendment to these Terms of Use and/or by the insertion of special conditions relative to the paid-for services on TheFork Site.


3. Third party sites and services

3.1 Services offered by third parties

Users acknowledge that TheFork Site refers to paid-for services. In particular, any reservation made on TheFork Site refers to a restaurant service performed by a third party restaurateur for which payment is required.

Any price or price range concerning a third party provider displayed on TheFork Site is provided for information purposes only and for convenience. In no event shall TheFork guarantee the accuracy of such information.

3.2 Links to third party sites

TheFork Site may contain links to sites managed by third parties. These links are for information only. TheFork does not control these sites and is not responsible for their content or for the privacy policy or other practices of such sites. The display of links to such sites does not constitute approval of the elements on these sites nor any association with the publishers of these sites. It is the Users’ responsibility to carry out any checks deemed necessary or appropriate before using these sites or entering into a transaction with any of them.


4. Access and Use of TheFork Site

4.1 Conditions of eligibility

Use of TheFork Site is subject to the following cumulative eligibility requirements: as a User (i) you are at least 18 years of age; (ii) you have the legal capacity to submit to be bound by legal obligations; (iii) and the reservations that you make on TheFork Site, for you or any other person for whom you are legally entitled to act, will be legitimate.

4.2 Access to TheFork Site

TheFork reserves the right to suspend, delete or modify all or part of TheFork Site or the services offered on TheFork Site without prior notice. TheFork also reserves the right to suspend access to TheFork Site for all or any Users due to maintenance, emergency (cyberattack, etc.) or for any other reasonable reason and at any time.

4.3 Conditions for opening an account

By opening an account, the User expressly and unreservedly accepts these Terms of Use.

Users undertakes to provide accurate, up-to-date and truthful information, in particular regarding their title, last name, first name, email address and telephone number, which are necessary for their proper identification in relation to the opening and maintenance of their account.

4.4 Confidentiality of account credentials

During the creation of their account, Users choose an ID and a password ("Credentials") enabling them to access their account.

The Credentials are personal and confidential. They can only be changed at the request of the User concerned or at the initiative of TheFork.

Users are solely and entirely responsible for the use of their account and the Credentials concerning them, and undertake to do everything possible to keep their Credentials secret and to not disclose them to anyone in any form whatsoever.

In the event of loss or theft of one of a User's Credentials, that User is liable for any consequential damage of this loss or theft, and must follow, as soon as possible, the procedure enabling them to be modified, which can be accessed in the "My Personal Information" section of the User account.

4.5 Closing the account

Users may close their account at any time. To do so, they must send their account closure request by email to: contact@thefork.com.

TheFork will endeavour to process any account closure request within a reasonable period of time.

Users are informed that as of the closure of their account, they will no longer be able to benefit from the services offered by TheFork, their current reservations will be cancelled and any accumulated Yums, if any, will be deleted.

4.6 Users’ obligations - Prohibited Actions

Users agree to use TheFork Site in accordance with these Terms of Use and applicable law. In particular, Users agree not to engage in the prohibited actions mentioned below:

  • Failing to go to the restaurant without cancelling the reservation (no-show).

  • The content and data of TheFork Site (including but not limited to messages, data, information, text, music, sounds, photos, graphics, videos, maps, icons, software, codes or any other element), as well as the infrastructure used to provide such content and information, belongs to TheFork; Users agree not to modify, copy, distribute, transmit, display, make available, reproduce, publish, license, create derivative works, transfer, sell or resell any information, software, products or services obtained from or through TheFork Site.

  • The copying, transmission, reproduction, re-issue, redistribution or transmission of the content of TheFork Site, in whole or in part, without the prior written permission of TheFork is strictly prohibited. To obtain this authorisation, contact TheFork at the following address:

La Fourchette SAS

70 Rue Saint-Lazare

75009 Paris, France.

Furthermore, Users undertake to not:

  • use TheFork Site or its contents for illegal, illegitimate or fraudulent purposes;
  • submit User Content or Restaurateur Content to TheFork Site that is inaccurate, illegal and in particular which invades privacy, is abusive, indecent, threatening, incites hatred or violence, or of which the intellectual property rights do not belong to them and for which they do not have the express permission of the rights holder;
  • use, monitor, extract or copy the architecture, content or data of TheFork Site or the actions of any User on TheFork Site by using a robot, a spider, a scraper, Spyware, keystroke recorder or any other program or automatic device or manual process for any purpose;
  • violate restrictions regarding robot exclusion files on TheFork Site or circumvent measures to prevent or limit access to TheFork Site;
  • take any action that imposes, or could impose an unreasonable or excessive burden on the infrastructure of TheFork Site;
  • establish an invisible link to TheFork Site for any reason;
  • "frame", "reflect" or incorporate any portion of TheFork Site into another site; and
  • attempt to modify, translate, adapt, revise, decompile, disassemble or reverse engineer any software program used by TheFork in connection with TheFork Site or its services.
4.7 Penalty for breach of contract
4.7.1 Suspension or Termination of TheFork Site services

In the event of the total or partial non-compliance or non-respect by aUser of any of the obligations or provisions of these Terms of Use, or in the event that a User performs any of the prohibited actions as set out in these Terms of Use, or for any other reasonable reason, TheFork may modify, suspend, limit or remove access to any or all of the services of TheFork Site, including by deactivating the User's account, without notice and without any right whatsoever for the User to claim compensation, and without prejudice to any compensation that TheFork may otherwise claim in court.

4.7.2 Damages

Without prejudice to the penalties imposed by TheFork under Article 4.7.1, TheFork shall also be entitled to claim compensation for any damage incurred. 


5. Reviews and User Content

Users must follow the below rules when posting any User Content and in particular when posting a review on TheFork Site concerning a restaurant listed on TheFork Site.

5.1 Conditions for posting reviews
  • To post a review, Users must have an account on TheFork Site that identifies them, or they must have been invited to submit a review via an email sent by TheFork and have reserved or been invited to a restaurant through TheFork Site and have honoured the reservation in the restaurant.
  • To avoid any conflict of interest and for obvious reasons of objectivity, if any User works in the restaurant sector, they are not permitted to post a review on TheFork Site.
  • The review must contain more than 200 characters and relate exclusively to the restaurant visited. Any review mentioning another restaurant may be rejected by TheFork.
5.2 Reasons for rejecting User Content

User Content may be rejected for the following reasons:

  • if the User does not adhere to the "Conditions for posting reviews" as set out above;
  • if TheFork believes that its civil or criminal liability may be engaged;
  • if the User Content or the elements relating to the identity of the author contain insults or vulgarities;
  • if the text of the User Content contains random characters or word sequences with no meaning;
  • if the User Content is unrelated to the restaurant being reviewed;
  • if the User Content is or is suspected of being a breach of third parties’ intellectual property rights;
  • if the review raises issues of conflict of interest or fraud, or if TheFork believes that it does amount to such conflict or fraud;
  • if the text of the User Content is badly written to the point of being unintelligible;
  • if a User makes an inappropriate comment about another item of User Content or its author;
  • if the User Content contains personal information or elements likely to lead to identity theft, such as the first or last names of individuals who are not public persons, a telephone number, a postal address or an email address;
  • if the User Content mentions websites, hypertext links, URLs, email addresses or telephone numbers; or
  • if the User Content is clearly spam.

For more information on the conditions of acceptance of photos, click here.

If a User is identified as having posted content which is fraudulent or that TheFork believes to be fraudulent, TheFork, after applying the procedures for the rejection or deletion of the review, may deactivate the User's account (which will cancel all their current reservations and annul any accumulated Yums), and delete all of their posts.

5.3 Moderation of reviews

TheFork has no obligation to moderate or remove reviews. TheFork moderates the reviews, on a reasonable endeavours basis to ensure that the reviews conform to these Terms of Use with a view to publishing, rejecting or deleting the review. Each review is subjected to a pre-publication moderation by automatic filters, and when flagged, to human moderation. The moderation period is 2 weeks maximum. Users may request the moderation of a previously published review by sending an email to contact@thefork.com specifying the reasons for their moderation request.

Any User who has published a review may later request its deletion by writing to contact@thefork.com. When TheFork becomes aware that a restaurant has closed or changed ownership reviews posted prior to that event will be deleted. Users may be contacted by TheFork to check the authenticity of their review by email and/or by telephone. Review may be forwarded to site with which TheFork has a partnership and posted on those sites. Users understand and agree that TheFork may include the following information with their reviews: date of registration on the site, number of reviews posted, first name and the first letter of last name, status and date of the restaurant visit. In accordance with the French 'Informatique et Libertés' law of 6 January 1978 (as amended), Users have the right to access, modify, rectify and delete their data, as well as the right to object to the processing of their information for legitimate reasons. Users may assert these rights by writing to contact@thefork.com.

5.4 Reviews from several guests

A User who reserves a restaurant for several guests is invited to input the email addresses of the guests so that they receive practical information about the reservation (address of the restaurant, time of reservation...). Users warrant that they have the prior authorisation of their guests to disclose their email addresses to TheFork. Each guest is then invited to post a review of their experience in the restaurant reserved by the User.

The personal data of guests collected for this purpose will not be reused by TheFork.

5.5 Right of reply

Each Restaurateur has a right of reply, in particular to:

  • give their version of the facts;
  • thank the consumer for their contribution; and or
  • indicate any changes in the restaurant since the review was written.

The right of reply must be exercised within 3 months of the publication of the review concerned by using TheFork Manager tool, or by sending an email to: contact@thefork.com. Any request to exercise the right of reply by email must include the following elements:

  • details of the review;
  • identification of its author;
  • mention of the disputed sections;
  • content of the requested response (the response may not be longer than the review to which it responds).

The response must comply with the provisions of these Terms of Use and will be moderated under the same conditions as Users’ reviews and if published will be displayed after the review to which it responds.

5.6 Restaurant ratings

Any User who reserved a restaurant through TheFork Site and who has honoured their reservation in this restaurant is invited to rate their dining experience.

The rating displayed on TheFork Site for each restaurant corresponds to a weighted average of the given ratings.

5.7 Use of the User Content

Users agree that by posting User Content on TheFork Site they automatically grant an irrevocable, permanent, non-exclusive, royalty-free licence to TheFork to use, copy, display, adapt, modify, translate, distribute, have distributed or promoted, incorporate into any advertisements or other materials, create derivative works thereof, enhance, disseminate, or otherwise distribute such User Content throughout the world, and to enable third parties to do the same, this in any media whether online or not. In addition, by posting User Content on TheFork Site, Users automatically grant to TheFork all rights necessary to prohibit any display, aggregation, copying or use of such User Content by any third party for any purpose whatsoever. Users agree not to exercise their moral right on the User Content in a manner incompatible with the licences granted above. Users represent and warrant that they are entitled to grant the above licences.


6. Privacy

TheFork has a Privacy and Cookies Statement in place to protect Users’ privacy. Click here to view our current Privacy and Cookies Statement, which also apply to the use of TheFork Site.


7. Intellectual property

7.1 Adherence to national and international intellectual property law

Users agree not to submit, copy, resell, republish, or, in general, make available in any form whatsoever any content, data, information or item received from TheFork or available on TheFork Site, to another individual or legal entity from any country. Users agree to adhere to the intellectual property provisions below.

7.2 Ownership of rights

All moral and patrimonial intellectual property rights relating to the content and information on TheFork Site belong to TheFork, with the exception of third party rights, for which TheFork has obtained the necessary rights or licences.

The rights conferred on Users by using TheFork Site and the services supplied by TheFork do not entail any licence of rights or permission to use or exploit any part of TheFork Site.

7.3 Protection of all elements: trademarks, designs, logos, hyperlinks, information, etc.

All elements (brands, designs, texts, hyperlinks, logos, images, videos, sounds, software, screen lay-out, databases, codes etc.) in/on TheFork Site and on associated sites are protected by national and international intellectual property law. These elements remain the sole property of TheFork and/or its licensors.

7.4 Prohibition on unauthorised use

Therefore, without prior written permission from TheFork and/or its partners, users may not reproduce, represent, republish, redistribute, adapt, translate and/or amend in part or in full, or transfer to another media, any information from TheFork Site.

7.5 Penalties

Users acknowledge and understand that failure to comply with the provisions of this Article 7 constitutes an infringement punishable by civil and criminal law.


8. Limitations of liability

8.1 Warning

It is up to Users to make any checks that seem necessary or opportune before making a reservation in one of the restaurants listed on TheFork Site.

TheFork offers no warranty whatsoever in relation with the Restaurateur Content or the services and/or commercial practices of the third parties listed on TheFork Site. Accordingly, TheFork does not warrant that Users will be satisfied with the products, services and/or business practices experienced following a reservation made through TheFork Site.

TheFork offers no warranty in relation with the content, objectivity or accuracy of the User Content, including but not limited to the reviews posted by Users on TheFork Site.

8.2 Modification of TheFork Site

Given the interactivity of TheFork Site, all information it contains is subject to change at any time, without this engaging the responsibility of TheFork.

8.3 Use of TheFork Site

Due to the specific nature of the Internet, TheFork does not warrant uninterrupted access to TheFork Site or service continuity, the only obligation of TheFork being one of reasonable endeavours in this respect.

TheFork shall not be liable for any failure to access TheFork Site or for any damage or loss arising out of the use or inability to use TheFork Site or its content, except as provided by law.

TheFork does not warrant that the information displayed is detailed, complete, verified or accurate. The Restaurateur Content, information, restaurant pages and, in general, any content on TheFork Site are provided "as is" without any express or implied warranties of any kind whatsoever.

Users expressly acknowledges that the photos on TheFork Site are not contractual.

Users generally accept and acknowledge that the reservation with a restaurant is not guaranteed. Accordingly, TheFork does not guarantee the effectiveness of the reservation service. Availability is checked in real time via computer. However, as TheFork cannot physically verify the accuracy of the information collected and/or provided by the restaurants, Users agree that TheFork cannot be held liable if Users fail to benefit from the services of the restaurant. Indeed, the settings of the real-time reservation software depend partly on the information provided and/or recorded by the restaurant and may not correspond to reality. Thus, for example and without limitation, Users acknowledge and accept that TheFork is in no way liable if areservation is cancelled, the establishment is closed (for whatever reason), or where any third party refuses to provide any service, for any reason whatsoever.

Similarly, Users accept that TheFork is in no way liable if Users fail to benefit from promotions or special offers proposed by a restaurant. Users acknowledge and accept that TheFork is in no way liable in the event that ta restaurant does not honour a promotion or a special offer for any reason whatsoever.

8.4 Users warranties and indemnities

Users warrant that they are fully familiar with the features and limitations of the internet. In particular, they acknowledge that it is impossible to guarantee that the data sent by Users over the internet will be fully secure. TheFork cannot be held responsible for any incidents which could arise from this transmission of data.

Users agrees to indemnify TheFork against any liability, damage, expense, claim or cost, incurred by TheFork arising from any claim or dispute, in or out of court, in relation with the use of the services of TheFork, including the posting of User Content on TheFork Site by Users.

In any case, Users explicitly acknowledge and agree to use TheFork Site at their own risk and under their sole responsibility.

8.5 Notification and removal of illegal content

Any Users may give notice of a claim or objection relating to illicit elements or content posted on TheFork Site.

If a User believes elements or content posted on TheFork Site is illegal and/or in breach of their copyright, they must notify TheFork by registered letter with acknowledgment of receipt addressed to the "Legal Department" or by email to contact@thefork.com stating "For the attention of the Legal Department" in the subject line and including all available evidence to support ownership of the rights, if any. Once this procedure has been followed, and after the accuracy of the notice has been checked, TheFork shall endeavour to promptly remove the illicit content.

TheFork acts as an intermediary in the provision of its services to Users. Consequently and in accordance with Article 6 I.3 of French Law on Confidence in the Digital Economy (LCEN) of 21 June 2004 (as amended), TheFork cannot be held criminally liable for the information stored on TheFork Site if it did not have actual knowledge of the illegal activity or information (including User Content, Restaurateur Content, etc.) or if, as soon as it became aware, prompt action was taken to remove such information or block access to it.


9. Other provisions

9.1 Severability - Dissociation - Titles

In the event that any provision of these Terms of Use are declared null and void, illegal, unenforceable or inapplicable, the validity, legality, enforceability or application of the other provisions of these Terms of Use shall in no way be affected or impaired, these other provisions remaining in force and retaining their full effect.

TheFork may proceed to draft a new clause with the effect of restoring the common will of the Parties as expressed in the initial clause, this in accordance with applicable law.

The titles of the articles herein are for illustrative purposes only and are not to be considered an integral part of these Terms of Use.

9.2 No waiver

Except as may be otherwise provided in these Terms of Use, the failure or delay by TheFork in exercising any of its rights or remedy under the terms these Terms of Use shall not constitute a waiver of the right or remedy or prevent any further exercising of the right or remedy. On the contrary, such right or remedy shall remain in full force and effect.

9.3 Applicable law

To the extent permitted by law, these Terms of Use and relationship between TheFork and Users are governed and interpreted in accordance with by French law. To the extent permitted by law, where these Terms of Use have been drafted or translated into other languages, only the French version of these Terms of Use shall prevail.

9.4 Jurisdiction

To the extent permitted by law, any claim, dispute or matter arising under or in connection with these Terms of Use shall be dealt with by the competent courts of Paris.

Pursuant to EU Directive 2013/11/EU of 21 May 2013 on the out-of-court settlement of consumer disputes, the link to the European online dispute resolution platform can be found below: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN


PART 2. LOYALTY PROGRAM - SPECIAL CONDITIONS

These Loyalty Program – Special Conditions complement Part 1: General Conditions of Use. In the event of any inconsistency between the provisions of this Part 2, Loyalty Program – Special Conditions and those of Part 1, General Conditions of Use, the provisions of this Part 2, Loyalty Program – Special Conditions shall prevail.


1. Description of the Loyalty Program

The loyalty program allows Users to accumulate loyalty points ("Yums") after a reservation on TheFork Site that is duly honoured (the "Loyalty Program").


2. Participation in the Loyalty Program

Any User who holds an account on TheFork Site is eligible for the Loyalty Program.

Participation in the Loyalty Program is free and automatic.


3. Earning Yums

3.1 General conditions for earning Yums

The Loyalty Program allows Users to accumulate loyalty points after a reservation on TheFork Site that is duly honoured, regardless of the restaurant reserved on TheFork Site and whether the reservation was made with or without promotional offer.

When a reservation is made on TheFork Site and duly honoured, Users obtain a pre-defined number of Yums (which may vary, depending in particular on the method of reservation: website, mobile or application) seven days after the date of the meal, regardless of the number of guest associated with the reservation and regardless of the country where the reservation was made.

In the event that the reservation is made with a Loyalty Discount (as defined in article 4.1 below) or cancelled by the User or if the User does not go to the restaurant and honour the reservation (no-show), the User does not earn Yums.

The amount of Yums earned by each User is stored and can be accessed in the "My Loyalty" section of the User account.

3.2 Special conditions for earning Yums
3.2.1 Special promotions with promotion code

From time to time TheFork puts in place special promotions for a limited period during which Users may gain more Yums than usual (the "Special Promotion").

During each Special Promotion, Users receive an email specifying the conditions for earning extra Yums. One of these conditions is the obligation to enter a promotion when Users make their next reservation on TheFork Site (the "Promo Code").

The amount of Yums obtained through the Special Promotion is stored and can be accessed in the "My Loyalty" section of the User account.

When issued, the Promo Code has a validity period limited to the duration of the Special Promotion. The Promo Code has no monetary value and cannot be loaned, transferred or sold to anyone or used for any purpose other than those defined by TheFork in these Loyalty Program – Special Conditions.


4. Using Yums

4.1 Loyalty Discount conversion

Once obtained and after reservation on TheFork Site, Yums can be converted into a price discount deducted from the bill of a restaurant who is enrolled in the Loyalty Program (the "Loyalty Discount").

The chart for Yums conversion into a Loyalty Discount can be accessed in the "My Loyalty" section of the User account.

The list of Loyalty Program partner restaurants is available in the loyalty space of the User account on TheFork Site. Partner restaurants are also identified anywhere on TheFork Site with a specific mention.

To convert Yums into Loyalty Discount, Users must select a Loyalty Program partner restaurant, choose the Loyalty Discount option and a time slot where Loyalty Discount are accepted before validating their reservation.

That Loyalty Program partner restaurant is then responsible for automatically and without further formalities deducting the Loyalty Discount from the bill.

If the amount of the Loyalty Discount is greater than the amount of the bill, the deduction made by the restaurant may not exceed the amount of the bill. In other words, the restaurant cannot pay the User the difference between the amount of the Loyalty Discount and the amount of the bill.

In the event that there is a promotional offer that can be combined with a Loyalty Discount, the restaurant will apply the promotional offer before the deduction of the Loyalty Discount.

Yums earned by Users can be converted into Loyalty Discount during their validity period as displayed in the Loyalty Program presentation page of TheFork Website. Yums’ expiration date can be viewed in the “My Loyalty” section of the User’s account.

The Yums are strictly personal, have no monetary value and cannot be loaned, transferred, or sold to anyone or used for any purpose other than those defined by TheFork in these Loyalty Program – Special Conditions.

4.2 Cancellation / no-show

If a User has reserved with a Loyalty Discount and cancels the reservation, or if the restaurant cancels the reservation, the Yums converted to Loyalty Discount at the time of reservation will be re-credited to the User's account and may be used for a new reservation.

If a User does not go to the restaurant (no-show), the Loyalty Discount and the Yums thus converted are lost and will not be re-credited to the User's account.


5. Deletion of Yums

TheFork reserves the right to withhold or delete Yums obtained through the use of Promo Codes or Sponsorship Codes by any User where TheFork reasonably determines or believes that the use or redemption of the Promo Code or Sponsorship Code was fraudulent, illegal, made in error or in violation of the applicable Special promotion conditions or these Loyalty Program –Special Conditions.

Furthermore, failure by Users to comply with these Terms of Use (including failure to honour several reservations (no-shows)), any abuse or fraudulent use of TheFork Site and/or Yums, or any behaviour prejudicial to the interests of TheFork may result in the deactivation of the User's account and/or the immediate deletion of all or part of the Yums stored in the loyalty space of the User's account on TheFork Site, without prior notice or compensation.


6. Modification/Suspension/closure of the Loyalty Program

TheFork reserves the right to modify, suspend, or terminate the Loyalty Program at any time without incurring any liability whatsoever. In this case, TheFork will inform Users by email and/or posting on TheFork Site indicating the new terms and conditions of the Loyalty Program and/or the terms of the closure of the Loyalty Program.


7. Limitation of Responsibility

With respect to the Loyalty Program, TheFork is only oblige to use reasonable endeavours and accept liability only in relation to the attribution of Yums to the Users. Consequently, TheFork cannot be held liable for any claims relating to Yums after they have been duly attributed to a User by TheFork. More specifically, TheFork has no liability once Yums have been converted into a Loyalty Discount by a User.

As such, TheFork is not responsible for any failure by the restaurant to apply the Loyalty Discount to the User.

In any event, TheFork declines any responsibility in connection to the Loyalty Program in the event of contractual breach and/or fault of the User.


C. PRIVACY AND COOKIES STATEMENT

Effective: 3 June 2021

We know that sharing your personal information with us is based on trust. We take this seriously and are committed to ensuring that we respect your privacy when you visit our website or use our services. Please review this Statement carefully to learn about our privacy practices.

We operate an online service that allows its users (“you”, “your”) to choose and reserve a table in a restaurant, and, in certain locations, to pay for your meal (in this Statement, the aboveare collectively referred to as our Services.

Our Services are owned and operated by La Fourchette SAS as owner and data controller. By visiting our websites and related applications, whether on a computer, phone, tablet or similar device (these are all referred to as a “Device”), you are accepting the practices described below.

As a global company, we operate in a number of countries and territories where the laws and customs differ. This Statement provides a general overview of our privacy practices; you can view certain country-specific information by selecting your place of residence in the jurisdiction links at the bottom of this Statement.

Information Collected

When you access or use our Services, we collect information from and about you to provide a more personalised and relevant experience. Some information we collect automatically. Other information we collect from different sources, including affiliated entities, business partners, and other independent third-party sources. When you use our Services by “clicking-through” from a third-party site or when you visit third-party sites via our Services, those third-party sites may share information with us about your use of their service. Information collected may include the following:

  • Contact information, including name, phone number and postal and email addresses
  • Billing or payment information (such as your credit card number, cardholder name, expiration date, authentication code, and billing address) via our partnership with a trusted payment service provider
  • User name and password
  • Photos, reviews, social posts, you may have provided to us
  • Geolocation information
  • Device information, such as when you accessed our Services and information about the Device used (for example, IP address, software or internet browser used, preferred languages, unique Device identifiers and advertising identifiers)
  • Online activity, including pages you have visited, content reviewed, and apps reviewed
  • Restaurant reservation history
  • Information about your restaurant reservations and preferences

We may also collect, in instances where you have provided it, information about other diners, including their email address and other reservation information, such as their first name and last name. If you are sharing information with us about other individuals, you must obtain their consent. You must obtain the consent of any other individuals if you are providing their data to us.

In addition to the categories noted above, we may also collect location information if you have instructed your Device to send such information via the privacy settings on that Device, or, for example, if you have uploaded photos tagged with location information. We may use your location information directly and/or share your location with third-parties. We collect and share location information in order to provide you with relevant content, to analyse your use of our Services, to improve our Services and to provide recommendations. For example, we may use your location to show you restaurants near you.

You can change the privacy settings of your Device at any time in order to turn off the functionality that collects and shares location information and/or the functionality to tag your photos with location information. However, turning off location-sharing may affect certain features that we offer. If you have any questions about the privacy settings of your Device, we suggest you contact the manufacturer of your Device or your mobile service provider for help.

Please see the section on Cookies below for more information regarding the use of cookies and other technology described in this section, including regarding your choices relating to such technologies.

Information Uses

We are committed to providing you with relevant content on our Services and respect the data privacy laws of the different jurisdictions in which we operate. We use information about you so we can help you enjoy and use our Services, including in the following ways:

  • Register and manage your account, including to allow you access to and use of our Services
  • Facilitate your restaurant reservations
  • Measure interest in and improve our Services
  • Notify you about special offers  or services available from us, our affiliates our partners, or restaurants that may be of interest to you
  • Perform and manage the loyalty program
  • Communicate with you
  • Enable us to publish your reviews, ratings, forum posts, photos and other content
  • To organize prize draws, competitions or surveys
  • Customize your experience, including customizing the ads shown to you on our Services and across the internet
  • Make inferences about your interests or preferences
  • Provide you with an optimised experience and to group users of our Services based on, for example, usage and demographics
  • Send you survey or market research invitations
  • Respond to your questions and comments
  • Resolve disputes or troubleshoot problems
  • Prevent potentially prohibited or unlawful activities
  • Enforce our terms of use and notices; and as otherwise described to you at the point of collection

Please note some information about you is required in order for us to provide you with relevant offerings from us, our affiliates, our partners and restaurants and to enable you to enjoy other benefits of being a registered user. Please review the “Information Choices” section below with respect to your choices related to the collection and use of your information.

Information Sharing

In order to provide some of our Services, we may need to share information with certain other third-parties, including our group of companies, in the following circumstances:

  • Our Group of Companies. We share information with companies in our corporate family so we can provide you with information about products and services,both restaurant-related and others, which might interest you. These companies and websites will comply with this Statement and all applicable laws governing the transmission of promotional communications.
  • Restaurants. We share your information with our partner restaurants to aloow them to perform and manage your restaurant reservation and to deal with complaints or disputes relating to them. When making a reservation, you may be ableto choose to receive marketing communications from the restaurant concerned. If you consent to receive marketing communications from the restaurant, the restaurant is then responsible for all processing of the information that we pass on to it.
  • Suppliers. We share information with certain suppliers used to facilitate our Services, including to help with transactions, such as any reservations you might make. 
  • Business Partners. We may share information about you, your Devices and your use of our Services with our trusted business partners. For example, we may share information so that we can provide you with relevant content, or in order to facilitate payment of your meal in a restaurant. This sharing is generally pursuant to written agreements which include confidentiality, privacy and security obligations; however, note that we do not control the privacy practices of these third-party business partners.
  • Social Media Sites. When you use our Services and elect to share information with third-party social media sites, the information you share will be governed by the privacy policies of those social media sites and the privacy settings you have set with those social media websites.
  • Advertising Networks. We sometimes collect and share information about your interests with advertising networks. Some of these companies are members of the Network Advertising Initiative, or the Digital Advertising Alliance, which offer a single location to opt-out of ad targeting from member companies. To learn more, please click here.
  • Other third-parties, such as referring websites. Third-parties may also assist us in collecting information by, for example, operating features of our website or facilitating the delivery of online advertising tailored to your interests. We may share audience segments and other information with third-parties that use that information for tailored advertising to you.

Third-parties may only collect or access information as needed to perform their permitted functions.

Certain Device operating system versions permit you to opt out of certain types of information sharing, including to certain advertising networks. Please check your Device settings if you want to limit such tracking.

Information Choices

You have options with respect to the collection and use of your information. You can access, update and even close your account by visiting “My personal info” page on our website

Your options:

  • You may choose the way we communicate with you. You can choose not to provide us with certain information, although it may be needed to take advantage of certain features offered on our websites.
  • You can prevent the collection of geolocation information, but note that turning off location sharing may affect certain features of our Services.
  • You also can add or update information, and close your account. If you close your account, we will deactivate your account and remove your profile information from active view. We may retain some information associated with your account (including past reservations) for internal purposes including backups, fraud prevention, dispute resolution, investigations, and legal compliance for the period necessary to fulfill the purposes outlined in this Statement.
  • As a registered user, you can modify your marketing subscriptions, including email subscription choices at any time within your account settings. You also will be given the opportunity to unsubscribe from promotional messages, in any email we send.

Information Transfers

We are a global company and we operate in many different jurisdictions. If we transfer your information to other countries, we will use and protect that information as described in this Statement and in accordance with applicable law.

Information Security

We have implemented appropriate administrative, technical, and physical security procedures to help protect your information.

We only authorise specific employees to access personal information and they may do so only for permitted business functions. We use encryption when transmitting your information between your system and ours, and between our system and those of the parties with whom we share information. We also employ firewalls and intrusion detection systems to help prevent unauthorised access to your information. However, we cannot guarantee the security of information from unauthorised entry or use, hardware or software failure, or other circumstances outside of our control.

Information Retention

We will retain copies of your information for as long as you maintain your account or as necessary in connection with the purposes set out in this Statement, unless applicable law requires a longer retention period. In addition, we may retain your information for the duration of any period necessary to establish, exercise or defend any legal rights.

Do Not Track Signals

Our website is not designed to currently respond to “Do Not Track” (“DNT”) signal requests from browsers. This is due to the lack of global standardized interpretation that defines “Do Not Track” signals. Once the industry has settled on standards related to this issue, we may re-evaluate this approach.

Cookies

We want your access to our Services to be as easy, efficient and useful as possible. To help us do this, we use cookies and similar technologies to improve your experience, to enhance web site security and to show you relevant advertising.

What are cookies?

Cookies are small text files that are automatically placed on your Device when you visit almost any website. They are stored by your internet browser and contain basic information about your internet use. Your browser sends these cookies back to a website every time you revisit it, so it can recognize your Device and improve your experience by, among other things, providing you with personalised content. We also use cookies to remember your login details, so you don’t have to re-enter them repeatedly when you use our Services. Other cookies help us understand your preferences.


The cookies we use fall into three categories.

Category

Example

Essential

These cookies are necessary to help you access and move around the website and use all its features. Without these cookies, the website would not work properly and you would not be able to use certain important features. For example, we use a cookie to keep you logged in during your visit, so the website does not require you to log in repeatedly to access different pages. We may also use essential cookies for fraud detection and prevention purposes.

You cannot turn off essential cookies through the Cookie Consent Tool, as such cookies are necessary for you to access and use the features of the website.

Analytics and customisation

We use these cookies to help us understand how the website is being used and how we can improve your experience of it. These cookies can provide us with information to help us understand which parts of the website interest our visitors and if they experience any errors. We use these cookies to test different designs and features for our websites and we also use them to help us monitor how visitors reach the website.

We also use cookies to save your settings and preferences on the website, such as language preference and information you've previously entered when searching for restaurant options. Some customisation cookies are essential if you want to use certain features of the website.

Advertising

Advertising cookies help ensure that the advertisements you see are as relevant to you as possible. For example, some advertising cookies help select ads that are based on your interests. Others help prevent the same ad from continuously reappearing for you.

We also use cookies to make it easy to share content from the website with your friends through your favorite social networks. Social media sites may set cookies that recognise you when you view content on the website and allow you to share content across both the website and the social media site via the use of sharing settings. For further details, please check your social media site’s terms of use and privacy policy.

We also work with third-party advertisers to give you access to restaurant content that might be of interest, and may set cookies on our Services to provide you with advertising that matches your interests and preferences. These "third-party cookies" collect information about your browsing behaviour and interaction with ads or the Services more generally. This information also helps us limit the number of times you may see the same ads and improve your online experience.


Cookie Consent Tool

To give you control, we provide you with a Cookie Consent Tool, which allows you to review the first party and third-party cookies placed through our website and adjust your cookie settings, including whether to accept or decline such cookies.

You can access the Cookie Consent Tool by clicking here or at any time through the “Cookie Consent” link at the bottom of every page or by modifying your preferences in our cookie banner. In addition, you can manage cookies through the settings of your internet browser. You can have the browser notify you when you receive a new cookie, delete individual cookies or delete all cookies.

Most advertising networks offer you a way to opt out of advertising cookies. See www.aboutads.info/choices/ and www.youronlinechoices.com for useful information on how to do this.

If you delete your cookies, your access to some functionality and areas of our Services might be degraded or restricted.

Our use of any information we collect through cookies is subject to this Statement, which is linked on every page of our website.

Statement Changes and Notification

We may update this Statement in the future. If we believe any changes are material, we will let you know by doing one or more of the following: sending you a communication about the changes, placing a notice on the website, and/or posting an updated Statement on the website. We will note at the top of this Statement when it was most recently updated. We encourage you to check back from time to time to review the most current version and to periodically review this Statement for the latest information on our privacy practices.

Contact

If you have a data privacy request, such as a request to delete or access your data, please visit our dedicated privacy portal by clicking here. For general data privacy inquiries or questions concerning our Privacy and Cookies Statement, please contact our privacy team by clicking here.


EUROPE

General Data Protection Regulation Privacy Statement (“GDPR Statement”)

This GDPR Statement applies to persons in the European Economic Area (“EEA”), including those based in the United Kingdom. This GDPR Statement supplements our Statement; however, where the Statement conflicts with the GDPR Statement, the GDPR Statement will prevail as to persons in the EEA.

Controller of Personal Information

La Fourchette SAS is the data controller of the personal information we collect, however, in accordance with applicable data privacy law, we have appointed a representatives within the United Kingdom.

The contact details of our European Union representative are:

La Fourchette SAS

70 rue Saint-Lazare

75009 Paris

France

Attn: Privacy Officer

The contact details of our United Kingdom representative are:

Bookatable Limited

7 Soho Square

London

W1D 3QB

United Kingdom

Attn: Privacy Officer

Bookatable Limited’s role in this respect is limited solely to being a contact point for questions on data protection from British residents and data protection supervisory authorities. For the avoidance of doubt, Bookatable Limited cannot field other communications or legal process on behalf of La Fourchette SAS.




Your rights under GDPR

You have certain rights regarding your personal data.

Your rights with respect to your own personal data include the following:

  • The right to request access to your personal data. This enables you to receive a copy of the personal data we hold about you.
  • The right to request to correct your personal data if it is inaccurate. You may also supplement any incomplete personal data we have, taking into account the purposes of the processing.
  • The right to request deletion of your personal data if:
    • your personal data is no longer necessary for the purposes for which we collected or processed them; or
    • you withdraw your consent if the processing of your personal data is based on consent and no other legal ground exists; or
    • you object to the processing of your personal data and we do not have an overriding legitimate ground for processing; or
    • your personal data is unlawfully processed; or
    • your personal data must be deleted for compliance with a legal obligation.
  • The right to object to the processing of your personal data. We will comply with your request, unless we have a compelling overriding legitimate interest for processing or we need to continue processing your personal data to establish, exercise or defend a legal claim.
  • The right to restrict the processing of personal data, if:
    • the accuracy of your personal data is contested by you, for the period in which we have to verify the accuracy of the personal data; or
    • the processing is unlawful and you oppose the deletion of your personal data and request restriction; or
    • we no longer need your personal data for the purposes of processing, but your personal data is required by you for legal claims; or
    • you have objected to the processing, for the period in which we have to verify overriding legitimate grounds.
  • The right to data portability. You may request that we send this personal data to a third-party, where feasible. You only have this right if it relates to personal data you have provided to us where the processing is based on consent or necessity for the performance of a contract between you and us, and the processing is conducted by automated means.
  • You also have the right to lodge a complaint before your national data protection authority.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights described in this Statement). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. In an effort to speed up our response, we may also contact you to ask you for further information in relation to your request. You can exercise several of your rights through the personal information section of your account. To exercise your other rights you can file a request by clicking here.

Information Uses

We will only use your personal data when the law allows us to.

Pursuant to GDPR, we will use your personal data in one or more of the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you
  • Where it is necessary for our legitimate interests (or those of a third-party) and your interests and fundamental rights do not override those interests
  • Where we need to comply with a legal or regulatory obligation
  • With your consent

International Transfers

Your personal data may be stored or transferred to countries outside the EEA for the purposes described in this Statement. When we store or transfer your personal data outside the EEA, we take the following precautions to ensure that your personal data is properly protected.

Whenever we store or transfer your personal data outside the EEA, we will do so in accordance with applicable law and we will ensure a similar degree of protection is afforded to it by implementing appropriate safeguards. Transfers of personal data are made:

  • to a country recognised by the European Commission as providing an adequate level of protection; or
  • to a country which does not offer adequate protection but whose transfer has been governed by the standard contractual clauses of the European Commission or by implementing other appropriate cross-border transfer solutions to provide adequate protection.

By using our services, you understand that your personal data may be transferred to our facilities and those third-parties with whom we share it as described in this Statement.


Previous: https://c.tfstatic.com/tf-product/legal/privacy-policy-EN-2019



D. THEFORK WEBSITES AND BUSINESSES

La Fourchette SAS and its subsidiaries and affiliates own and operate a portfolio of websites and businesses, including the following brands:

www.thefork.fr, www.theforkmanager.com, www.thefork.ch, www.thefork.es, and www.thefork.com and all localised versions, such as www.thefork.it, www.thefork.be, etc.


©2021 La Fourchette SAS. All rights reserved