C. Privacy and Cookie Statement
E. TheFork Websites and Businesses
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 171 001 518,00 euros
Registered office: 70, rue Saint-Lazare, 75009 Paris, France
RCS PARIS 494 447 949
European VAT No.: FR71494447949
Publication director: Almir Ambeskovic.
Telephone: +44 207 199 43 03
Email: contact@thefork.fr
The website https://www.thefork.com is hosted by:
Amazon Web Services EMEA SARL
38 avenue John F. Kennedy, L-1855 Luxembourg
https://aws.amazon.com/
The website uses Twemoji on its Platform.
Twemoji is an open-source emoji project provided by Twitter, Inc. and it is subject to the Creative Commons Attribution 4.0 International (CC BY 4.0) license.
Last update: 22nd April, 2024
For Terms and Conditions effective until 22nd May, 2024 please click here.
These terms of use, along with the Privacy and Cookie Statement, the Loyalty Program Special Conditions, the TheFork PAY Terms of Use, and all notices and policies made available on the TheFork Platform (together, “Terms of Use”) constitute your agreement with TheFork and are incorporated by reference into these Terms of Use. If you are a Restaurateur accepting reservations through the TheFork Platform, these provisions apply to you in addition to the General Conditions of Sale and Use, as well as the Special Conditions signed at the time of your registration.
TheFork provides the User with the Services subject to acceptance of these Terms of Use. Users declare and acknowledge having fully read and accepted these Terms of Use.
If you are a consumer in the EU or UK you will have certain mandatory consumer rights which we commit to comply with. If you are a consumer living elsewhere, you may also have consumer rights under the laws of your territory. Nothing in these Terms of Use affects your mandatory consumer rights.
Restaurants are typically licensed business undertakings. Therefore, if you are a Restaurateur using our Services, we will work with you on the assumption that you run a business undertaking in your country and we hereby notify you that if you are a consumer, you are not permitted to list your Restaurant on TheFork Platform, nor to process payments on behalf of Diners via the TheFork Platform (and you must inform us immediately if you carry out either of these activities as a consumer).
“Account”: refers to a User profile following a registration on the TheFork Platform, successful payment using TheFork PAY and/or a completed Reservation using partner platforms, other than the TheFork Platform.
“Diner”: refers to a User who uses TheFork Platform and Services to make a Reservation at a Restaurant.
"TheFork, we, us": refers to the company La Fourchette SAS, a French company part of the TheFork Group, incorporated under the laws of France with registered address at Rue St. Lazare 70, 75009 Paris, France, which is your counterparty in these Terms of Use. You can find our contact details in the Legal Notice section.
"Terms of Use": refers to these general terms of use, along with the Privacy and Cookie Statement, the Loyalty Program Special Conditions, the TheFork PAY Terms of Use, and all related notices and policies made available on the TheFork Platform.
“TheFork Affiliated Company(ies)” : refers to any company part of TheFork Group, including Tripadvisor, Inc. and its subsidiaries.
“TheFork Group”: refers to the entities as mentioned here.
"TheFork Platform”: under these Terms of Use, refers to all TheFork products and services, including all websites accessible through www.thefork.com or the respective national domains, as well as to TheFork mobile and tablet apps granting access to the TheFork interface where Users can use the Services in the countries the TheFork Platform is made available.
"User(s)" "you", “your”: refers to any individual over 18 years of age, legally allowed to and capable of entering into contracts, who uses the TheFork Platform, our Services and/or has an Account on the TheFork Platform. A User can be either a Diner or a Restaurateur.
“Restaurant(s)”: refers to a restaurant owned, operated or otherwise managed by Restaurateurs.
“Restaurateur(s)”: refers to a User of the Services who owns, manages and/or is ultimately responsible for a Restaurant listed on the TheFork Platform; the Restaurateur, as per the purposes of these Terms of Use, may also refer to Restaurant owner’s employees, agents, representatives, staff, or anyone else appointed by the Restaurant owner to access to TheFork Platform or use our Services, and/or interacting with Users online or offline during a dining experience booked via TheFork Platform or other partner platforms, or paid via TheFork PAY.
"Reservation": refers to a contract formed between a Diner and a Restaurateur when Diners make a Reservation on the TheFork Platform for a dining experience to be held at the Restaurant, including receiving the booking confirmation from the selected Restaurant.
"User Content (including both Diner Content and Restaurateur Content)" : refers to all the elements provided by any User on TheFork Platform, including text, document, image, photo, review, ranking or right of reply. Restaurateur Content may refer to elements of the Restaurant page provided to TheFork by the Restaurateur for which the Restaurateur has authorised TheFork to upload onto the TheFork Platform, 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. Diner Content may refer to Content including, but not limited to, ratings and reviews, and/or pictures uploaded about the dining experience.
"Services": refers to any and all services available to Users on the TheFork Platform, as defined under these Terms of Use, including managing a Restaurant listing, finding Restaurants, checking real-time Restaurant availability, creating a TheFork Account, making and managing Reservations at Restaurants ,leaving a review, offering or taking advantage of a promotion, Special Offer or our Loyalty Program (as defined in Loyalty Program - Special Conditions), paying and receiving payments using TheFork PAY.
“Special Offer(s)”: refers to a discount on the meal price or any other advantage for Diners compared to Restaurant standard dining conditions, as made available from time to time on the TheFork Platform.
TheFork is a platform that as part of its Services allows Diners to connect with Restaurateurs whose Restaurant(s) are listed on TheFork Platform. It also provides its Users with other ancillary services including but not limited to payments functionalities.
TheFork acts as Information Society Service provider in accordance with the REGULATION (EU) 2022/2065 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (“DSA”) and Directive 2000/31/EC ('eCommerce Directive' as amended); its digital Services are separate and distinct from the ones rendered by Restaurateurs to Diners.
TheFork Platform allows Diners, provided that the Reservation is made through TheFork Platform, to benefit from Special Offers provided by the Restaurants on TheFork Platform.
Restaurateurs are ultimately responsible to determine their own promotion strategy and therefore, not all Restaurateurs have Special Offers; those who do, may decide to limit the Special Offers to certain time slots, group size and dates. The conditions of validity of such Special Offers, including the specific time slots over which they are applicable, are part of Restaurateur Content and are set out on the TheFork Platform. Diners undertake to verify the conditions of validity of Special Offers before reserving on the TheFork Platform and in no case may they claim the benefit of a Special Offer from the Restaurant outside the conditions of validity as set out on TheFork Platform, and/or outside the Reservation procedure containing the Special Offer.
While TheFork allows Restaurateurs to display their Special Offers, Restaurateurs are to be considered the promoter and are fully responsible for the correct application of any promotions on the TheFork Platform. Therefore, any complaints in relation to the application of Special Offers to a party of late Diners at the Restaurateur discretion, shall be addressed exclusively to the Restaurateur.
Special Offers are limited to one usage per Reservation and therefore to one usage per table and party group. A group of Diners cannot make multiple Reservations in order to benefit from several Special Offers at the same table for the same dining experience.
Diners and their entire party must arrive at the Restaurant at the time of the confirmed Reservation. If a Diner and and/or any of their guests do not show up at the Restaurant within 15 minutes of the Reservation time, the Restaurant shall have the right to cancel the Special Offer associated with the Reservation for the Diner and his or her party.
TheFork may from time to time launch special offers that are directed to a certain number of eligible Diners; they can profit from it by making a Reservation on TheFork mobile App with a dedicated code and paying with TheFork PAY (“Direct Discount”).
Direct Discounts are limited to one usage per Reservation and therefore to one usage per table and party group. A group of Diners cannot make multiple Reservations in order to benefit from several Direct Discounts at the same table for the same dining experience.
If you are eligible to profit from the Direct Discount, we invite you to read the respective terms and conditions carefully.
The terms of our Loyalty Program can be found here.
Users must follow the below indicated rules when posting any User Content and in particular when posting a review on TheFork Platform concerning a restaurant listed on TheFork Platform.
To post a review, Diners must (i) have registered an Account on the TheFork Platform or paid their meal using the TheFork PAY, (ii) have reserved or been invited to a Restaurant through the TheFork Platform and (iii) have honoured the Reservation at the Restaurant. Please note that (for security reasons) in order for a Diner to post a review after a successful TheFork PAY payment, the amount of the Diner’s payment has to be at least 5,00 (five) euros.
User content, including reviews, must comply with these Terms of Use and the Content Moderation Guidelines as detailed here.
User Content may be rejected or deleted in case of a violation of any of these Terms of Use or any of the reasons as described in the detailed Content Moderation Guidelines, and/or upon being reported by Diners and/or Restaurateurs, for the following reasons:
If a User is identified as having posted content which TheFork believes to be in violation of these Terms of Use or the Content Moderation Guidelines, TheFork, after applying the procedures for the rejection or deletion of the User Content, may undertake additional actions such as sending a warning to the User, up to deactivating User's Account (which will cancel all their current Reservations and annul any accumulated Yums).
TheFork reserves the right to moderate the User Content, including 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 User Content. Each User Content may be subject to a pre-publication moderation by automatic filters, and when flagged through automated alert systems, to human moderation. The moderation period may last for 2 weeks on average. 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 or via the report button on the User Content. 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 may be deleted. Diners may be contacted by TheFork to check the authenticity of their review by email and/or by telephone. Review may be forwarded to sites 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 applicable law, 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 clicking here.
For more information please visit this page.
A Diner who makes a Reservation for several guests is invited to input the email addresses of the guests so that they qualify as Diners and can receive practical information about the Reservation. Those Diners warrant that they have the prior authorisation of other guests to disclose their email addresses to TheFork. Each of those invited Diners is able to post a review of their experience in the respective Restaurant.
The personal data of Diners collected for this purpose will not be reused by TheFork for actions other than connected with the procedure described in this article.
Each Restaurateur has a right of reply to reviews, in particular to:
The right of reply must be exercised within 3 months of the publication of the review concerned by sending a message to TheFork via TheFork Manager (a Restaurant management application for Restaurants subject to a separate General Terms of Sale and Use). The response must comply with the provisions of these Terms of Use, the Content Moderation Guidelines and may be subject to moderation.
Any Users have the ability to give notice of a claim or objection relating to illicit elements or User Content posted on TheFork Platform.
If a User believes elements or content posted on TheFork Platform is illegal and/or in breach of their intellectual property rights, they have the right to notify TheFork either by clicking on the “REPORT” button next to the review or picture, or by sending an email to dsa-poc@thefork.com stating "To the attention of the Legal Department" in the subject line and including all available evidence to support ownership of the rights, or other relevant information. 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. It is possible for the User that published the removed content to appeal against this decision.
Any Diner who (i) made a Reservation through TheFork Platform or was invited by a Diner who made a Reservation and presented oneself at this Restaurant, as well as (ii) any Diner who successfully completes the payment using TheFork PAY (minimum payment amount may apply) is invited to rate their dining experience, regardless of whether the Diner posts a review or not.
The rating displayed on TheFork Platform for each Restaurant corresponds to a weighted average of the given ratings.
TheFork, in compliance with applicable EU Consumer protection laws, makes available to all users a page explaining how ratings and reviews work on the TheFork Platform, available here.
On the back of a Diner search for a Restaurant, a list of results will be displayed on TheFork Platform. That list will show Restaurants listings based on a number of criteria which may be affected by multiple factors and which will have different weight in the overall search displayed results. A thorough explanation of our search results ranking can be found at this page. Separate from search results, the TheFork Platform may display recommendations based on Restaurants based on cross-bookings and similar criteria (e.g. location, cuisine).
Diners’ payments of the Restaurant bill made via the payment functionality called “TheForkPAY” is subject to TheFork PAY Conditions, which are included in these Terms of Use by reference. TheForkPAY may not be available to Users in all jurisdictions where TheFork operates its business and offers its Services.
TheFork Gift Card consists of a virtual code, associated visuals and information enabling Diners to redeem it using TheFork PAY. TheFork Gift Card is in principle valid for 18 months and may not be available to Users in all jurisdictions where TheFork operates. For more information, please consult TheFork Gift Card Terms of Use.
The Restaurants, Reservation availability, Services, information and User Content on TheFork Platform will change depending on the Restaurateur input and state of business undertaking, as shared with TheFork from time to time. That means, for example, that new Restaurants may be listed and existing ones may become unavailable. Restaurateurs hereby acknowledge and accept to timely communicate to TheFork any change to their business, including openings and closures, and to update their Restaurateur Content accordingly without delay.
We may also update and modify elements of TheFork Platform itself, for example the design, layout, features, and functionalities, at any time including, but not limited to:
Use of the TheFork Platform is subject to the following cumulative eligibility requirements: (i) you are at least 18 years of age; (ii) you have the legal capacity to be bound by legal obligations; (iii) and as a Diner, the Reservations that you make on the TheFork Platform, for you or any other person for whom you are legally entitled to act, will be legitimate. By creating an Account and requesting our Services, you warrant and represent that you meet the above mentioned requirements.
Diners are required to have one Account only, and one Diner’s mobile phone number should be associated with this Diner Account. In case Diners update their phone number or email address associated with their Account, they may be asked by TheFork to verify their Account again through SMS verification or other means identified by TheFork at its discretion. It is considered a serious breach of these Terms of Use if one Diner creates and maintains multiple Accounts and it can cause the suspension and termination of all these Accounts.
Account ownership is based on the personal data and details provided when signing up to our Services. To this end, Diners undertake 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, access to the Loyalty Program or access to Special Offers. Diners are not allowed to sign up or otherwise create an Account on behalf of a third party.
Subject to the Restaurateur’s compliance and acceptance of these Terms of Use, TheFork permits the Restaurateur and his/her appointed or delegate employees or staff members to access and use TheFork Platform in such numbers as agreed with TheFork or one of TheFork Affiliated Companies at the time of activation of a Restaurateur Account (the "Authorised Users") solely for the Restaurateur’s internal business purposes and during the term of these Terms of Use. Use of the TheFork Platform is linked to Restaurateur’s use of the Application as described in the General Conditions of Sale and Use entered into by and between the Restaurateur and a company from TheFork Group. Restaurateurs shall keep TheFork informed promptly, if any of the Authorised Users ceases to be a Restaurateur employee (whereupon that employee shall no longer be authorised to use the TheFork Platform, and Restaurateur may name another employee as replacement for the purposes of using the Platform). Restaurateur shall be solely responsible for the acts and omissions of Authorised Users at all times.
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 and reasonable to keep their Credentials secret and to not disclose them to anyone in any form whatsoever. It is strictly forbidden to share said sets of data with any third parties, or to write them down for recovery purposes.
In the event you suspect that your Account or your Credentials have been or are being used by a third party, or have been compromised, you must immediately follow the procedure enabling them to be modified, which can be found on the page at www.thefork.com/#user-account. Otherwise, we may attribute all use of your account to you.
To terminate your Diner Account, you need to login to your Account and follow “my personal information > close my account” on web, or “settings" on web, or “settings > delete my account” on the TheFork mobile application. Alternatively, you can send your Account closure request by email to: contact@thefork.com.
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 (as defined in Loyalty Program - Special Conditions), if any, will be deleted.
As a User, you have the right and possibility to close your Account at any time as described in these Terms of Use. Termination of your Account will constitute termination of these Terms of Use.
You will remain liable for all obligations related to your Account even after your Account is closed, deleted or terminated. For more information about closing the Account please refer this FAQ page.
TheFork reserves the right to amend these Terms of Use or any additional terms at any time, in whole or in part to reflect, for example, changes to the legal framework or changes to the Services offered on TheFork Platform. We will post notices of changes of the Terms of Use or any additional terms on the TheFork Platform in case of material changes. It is therefore the User's responsibility to regularly consult the latest version of these Terms of Use. If the User does not agree to any amendments to the Terms of Use, as notified in advance in accordance with applicable EU laws, he or she shall stop using the TheFork Platform and the Services. By continuing to use the Services or the TheFork Platform beyond the given notice, Users are providing their agreement to be bound by the updated Terms of Use.
If you are a consumer in the EU or UK, you have a legal right to withdraw from these Terms of Use within 14 days of your creation of the Account. You can do this, or cancel these Terms of Use at any other time, by closing your Account as described in article 3.5.
To the maximum extent permitted by applicable law, Users agree to release, defend (at TheFork’s option), indemnify, and hold TheFork (including TheFork, its Affiliated Companies, and their personnel, directors and agents) harmless from and against any claims, liabilities, damages, losses, fines, sanctions, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) their breach of these Terms of Use (including any supplemental or additional terms that apply to a Service) (ii) their improper use of the TheFork Platform or Services (including and without limitation the posting of User Content), (iii) their interaction with any User, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) their breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by you.
In any case, Users explicitly acknowledge and agree to use TheFork Platform at their own risk and under their sole responsibility.
When a Diner makes a Reservation on the TheFork Platform, in addition to these Terms of Use, the Diner may be subject to Restaurateur’s’ separate terms and conditions that will be applicable to that Diner’s Reservation. It is the Diner’s responsibility to read and understand these rules, standards, policies (including cancellation policies), and requirements prior to making a Reservation at a Restaurant.
TheFork is not and does not become a party to or other participant in any contractual relationship between Users. TheFork is not acting as an agent for any User and while we at TheFork work hard to ensure our Users have great experiences on the TheFork Platform, we do not and cannot control the conduct or performance of our Users and do not guarantee (i) the existence, quality, safety, suitability, morality, or legality of any Restaurant (including their employees and relevant agents) and/or (ii) the truth or accuracy of any Diner Content, Restaurant Content and descriptions, reviews, or other User Content.
You acknowledge that TheFork has no general obligation to monitor the use of the TheFork Platform and verify information provided by our Users, but has the right to review, disable access to, remove, or edit User Content to: (i) operate, secure and improve the TheFork Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms of Use and guidelines incorporated therein; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address User Content that we determine is harmful or objectionable; (v) take actions set out in these Terms of Use; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Restaurant Contents that don’t meet quality and eligibility criteria.
TheFork offers no warranty whatsoever in relation with the Restaurateur Content or the services and/or commercial practices of the Restaurants third parties listed on TheFork Platform. TheFork does not warrant that the information displayed is detailed, complete, verified or accurate. 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 Platform. The Restaurateur Content, information, restaurant pages and, in general, any content on TheFork Platform are provided on an "as is" basis. 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 Platform. Users expressly acknowledge that the Restaurateur Content may be mere representation of Restaurant premises or food and that they may differ from the actual meal presented to them over the dining experience. Users have the possibility to report the User Content they deem unappropriate, illegal or otherwise incorrect.
TheFork offers no warranty in relation to the content, objectivity or accuracy of the Diner Content, including but not limited to the reviews posted by Users on TheFork Platform.
Where we remove or disable User Content, we will notify the User and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Users or third parties, or (iii) contravene applicable laws. Users may appeal to such a decision by contacting our customer service.
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. Restaurant availability is checked in real time online thanks to TheFork’s Services available to the Restaurateur. However, the Restaurateur holds the responsibility to update the Restaurant availability on TheFork Services and Diners acknowledge and accept that TheFork cannot verify the accuracy of the information collected and/or provided by the Restaurateur. Therefore, Diners agree that TheFork cannot be held liable if Users fail to benefit from the Services of the Restaurant. Diners acknowledge and accept that TheFork is in no way liable if a Reservation is cancelled, the Restaurant is closed (for whatever reason), or where any third party refuses to provide any service, for any reason whatsoever.
Similarly, Diners 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 a Restaurateur does not honour a promotion or a Special Offer for any reason whatsoever.
We make our best efforts to ensure that TheFork Platform is available and fully functional. However, to the maximum extent permitted under applicable law, we do not warrant that TheFork Platform will be always available, undisrupted, and error-free. In this regard, you acknowledge and accept that all data available on the TheFork Platform is provided for information purposes only. Accordingly, TheFork shall not be held liable for any failure to access TheFork Platform or for any damage or loss arising out of the use or inability to use TheFork Platform or its content, except as provided by law.
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 that could arise from this transmission of data.
To get the best experience and to ensure the Services operate correctly, we recommend that Users accept any technical updates to the Services that we inform you about as and when they become available. This may also require you to update your device operating system. As and when new operating systems and devices are released, we may over time stop supporting older versions. If you choose not to download or install any updates, the Services may no longer be available, supported, or have previous functionality.
TheFork is not responsible for the User’s failure to download or install any update or the most recent published version of the Services in order to benefit from new or improved features and/or functionality and/or meet compatibility requirements where we have informed you about the update, explained the consequences of failing to install it and provided you with installation instructions.
Users agree not to engage in the prohibited actions mentioned below:
Engaging in any of the activities listed under this Article 6.2. shall constitute breach of contract and expose Users to the consequences listed under these Terms of Use.
Users agree to cooperate with and assist TheFork in good faith, and to provide TheFork with such information and take such actions as may be reasonably requested by TheFork with respect to any investigation undertaken by TheFork regarding the use or abuse of the TheFork Platform, our trust & safety procedures, anti-fraud practices and the integrity of the platform overall. For example, in case of disputes relating to Diners’ attendance, or the application of a Special Offer or Loyalty discount, Diners may be requested to support our internal teams by sharing evidence of their attendance to a Restaurant experience booked on TheFork Platform, evidence of the fact that booked dining experience took place, and/or confirm the attending party, or the amount paid / collected, in order to ensure consistency with Content displayed on TheFork Platforms and solve disputes between Restaurateurs and Diners.
Users acknowledge and agree that TheFork may use various means to detect fraud on the TheFork platforms, including, but not limited to, its internal algorithms, Users’ receipts, proof of payments (including TheFork PAY proofs of payments and transactions), market intelligence information to compare Restaurants’ no-show rates with industry average and other relevant benchmarks in the restaurant industry. Given the confidential nature of those information and their qualification as trade secrets and company assets, TheFork will not disclose those proofs unless so required in its discretion, in litigation, by law enforcement or otherwise imposed by competent authorities.
In the event of the total or partial non-compliance or non-respect by a User 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 Platform, including by deactivating the User's Account, with or under exceptional circumstances 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.
Without prejudice to the actions imposed by TheFork under Article 6.4.1, TheFork shall also be entitled to claim compensation for any damage incurred.
Users agree that by posting User Content on TheFork Platform they automatically grant for the duration of their contractual relationship with TheFork and for one year thereafter an irrevocable, 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. Users expressly authorise TheFork to display User Content on any site, media, application or other distribution means property of, or in use to, any TheFork Affiliated Company. In addition, by posting User Content on TheFork Platform, 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.
Please note that by submitting User Content into the Services, said contents are made publicly available to third parties. Please carefully evaluate whether you want to share said content under those conditions before submitting them as part of the Services.
Users agree not to submit, copy, resell, republish, or, in general, make available in any form whatsoever any User Content, data, information or item received from TheFork or available on TheFork Platform, to another individual or legal entity from any country. Users agree to adhere to the intellectual property provisions under these Terms of Use.
All moral and patrimonial intellectual property rights relating to the User Content and information on TheFork Platform 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 Platform and the services supplied by TheFork do not entail any licence of rights or permission to use or exploit any part of TheFork Platform.
All elements (brands, designs, texts, hyperlinks, logos, images, videos, sounds, software, screen lay-out, databases, codes etc.) in/on TheFork Platform 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.
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 Platform.
Likewise, you accept not to upload into the Services or TheFork Platform, or post, email, transmit, share, or otherwise use, in conjunction with, or related in any manner with the Services or the TheFork Platform, Content for which you do not have the prior authorization of their titleholders. We are not responsible for said Content nor the actions you may take with respect to the Content, and you shall not use third party content unless you have first obtained the permission of its owner.
By way of example, you shall not use photographs, text, graphics, information, trademarks, trade names, or other content protected under intellectual property rights that are not yours, except when the corresponding owner has expressly given its approval. We may delete at any time any content that breaches this section, without prior notice and accepting no liability for any such deletion.
Users acknowledge and understand that failure to comply with the provisions of this Article 7 constitutes an infringement punishable by applicable civil and criminal laws.
To ensure you are provided with high-quality Services, from time to time we may rely on third party service providers. You understand that those providers act beyond our reasonable control and that we shall not be held liable for any damages caused by an action or omission attributable to them. You acknowledge and agree that those third parties are beyond our reasonable control, and that we will not be liable for any damages arising from the use of said information by them, or in the event that you decide to transfer information to those third parties by using non-secured means. We recommend that you carefully review any terms and conditions governing the use of those third parties’ services and any integration tools they may offer before you start using their services. Note that the use of said services may result in the transmission of any kind of information (either confidential or having a personal nature, among others) outside our platform, and third parties not related to TheFork may subsequently be gaining access to, modifying, or even deleting said information.
Any price or price range concerning a third party provider displayed on TheFork Platform is provided for information purposes only and for convenience. In no event shall TheFork guarantee the accuracy of such information.
TheFork Platform 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.
The Services may include functionality that allows you to access and post content to social media and third party platforms regarding your activities while using our Services. If you choose to use this functionality, we may:
Subject to all the applicable third parties’ terms and conditions and privacy policies, by connecting your Account with your account on a social media or third party platform, you grant us permission to access and use the information that you make available through the social media or third party platform at issue. To manage the information provided to us, please review the privacy settings applicable to your social media or third party platform accounts.
We are not liable for social media or third party platform contents, products, or services. We shall have no obligation to review their contents, services, or products. You shall review all terms of use, policies, and guidelines established from time to time in said social media or platforms, and you agree to be solely responsible and liable for any claims arising as a result of sharing or posting any content to or your activity in any social media or third party platforms.
TheFork shares information with TheFork Affiliated Companies in the Group in order to provide Users with information about special offers, products, and services which might interest them. Such information will typically be sent through newsletters and marketing communications and represent efforts to get to know you and your preferences better across our services and those of other TheFork Affiliated Companies. In turn, this enables customisation of the services in line with those preferences.
The use of TheFork Platform and/or the Services may result in the collection and further processing of information, including information of personal nature. We will inform you whenever said collection and processing takes place, and the processing shall be governed and subject to our Privacy and Cookies Statement.
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, in accordance with applicable law.
Users may not assign, transfer, or delegate their rights or obligations under these Terms of Use without TheFork’s prior written consent. TheFork may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, to any TheFork Affiliated Company, and to other third parties with 30 days’ prior notice.
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. Any rights not expressly granted herein are reserved.
To the extent permitted by law, these Terms of Use and relationship between TheFork and Users are governed and interpreted in accordance with 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. If you are acting as a consumer in the UK or EU, this shall not prevent the application of those mandatory rights you are entitled to under the applicable law of your Country of residence.
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, if you reside in an EU Country and you qualify as a “consumer” under the laws of your Country of Residence or EU Laws, you may also access the European Union’s online dispute resolution webpage.
Restaurants are typically licensed or otherwise regulated business undertakings in the EU and beyond. TheFork offers its Services to Restaurateurs on the basis of the fact that Restaurants are all unequivocally businesses, and EU Restaurateurs and Restaurants are treated as business Users / businesses (as applicable) as per the means of Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (“Platform to Business Regulation”). Accordingly, EU-based Restaurateurs are expressly being given the opportunity to undertake our appeal and complaint handling process under these Terms of Use. Particularly, Restaurateurs can report complaints to our Customer Care at support@thefork.com. When their complaints relate to a restriction, suspension, or termination by TheFork, you will be given the opportunity to clarify the facts and circumstances. On receipt of a complaint from a Restaurateur, TheFork will investigate and provide the Restaurateur with a response and decision as soon as reasonably practicable.
If an EU established Restaurateur believes that the dispute is not wholly resolved through TheFork’s complaints procedure, then the dispute may be referred at the EU Restaurateur’s discretion to the Centre for Effective Dispute Resolution (“CEDR”) for mediation. Although mediation is a voluntary process, TheFork and the EU Restaurateur both agree to engage in good faith throughout any mediation attempts, and to do so in accordance with the CEDR Model Mediation Procedure. Unless the EU Restaurateur and TheFork agree otherwise within fourteen (14) days of notice of the dispute, the mediator will be nominated by CEDR. To initiate the mediation, the EU Restaurateur must give TheFork notice by email at support@thefork.com (with “Mediation initiated” in the subject line) that they are referring the dispute to mediation. A copy of the referral should be sent to CEDR. Any attempt to reach an agreement through mediation on the settlement of a dispute will not affect the EU established Restaurateur’s or TheFork’s right to initiate court proceedings at any time before, during or after the mediation process.
If you wish to contact TheFork, you can email us at contact@thefork.com, or live chat with us on our page here www.thefork.com/contact. You can also write to us at the following address: La Fourchette SAS, 70, rue Saint-Lazare, 75009 Paris, France.
These Loyalty Program – Special Conditions complement the Terms of Use. In the event of any inconsistency between the provisions of these Loyalty Program Special Conditions and the Terms of Use, the provisions of these Loyalty Program Special Conditions shall prevail. Certain definitions in capital letters under these Loyalty Program Special Conditions have the same meaning than the ones of the Terms of Use, if not otherwise defined here in brackets.
The TheFork loyalty program (the "Loyalty Program") allows Diners to accumulate loyalty points ("Yums") after a reservation on TheFork Platform that is duly honoured, and redeem them against a meal discount in participating Restaurants.
Any Diners who hold an Account on TheFork Platform are eligible for the Loyalty Program.
Participation in the Loyalty Program is free and automatic subject to Diners meeting eligibility criteria described under these Loyalty Program Special Terms while using the Services.
The Loyalty Program allows Diners to accumulate Yums upon a Reservation on TheFork Platform that is duly honoured. Yums accrual applies to all Restaurants reserved on TheFork Platform whether the Reservation was made with or without benefitting from a Special Offer.
When a Reservation is made on TheFork Platform and duly honoured, Diners obtain a pre-defined number of Yums, as indicated at the time of Reservation. Yums amount may vary depending in particular on the method of reservation: website, mobile or application. Yums are credited on the Diner Account approximately seven days after the date of the honoured Reservation, regardless of the number of guests associated with the Reservation and regardless of the Country where the reservation was made.
In the event that the Reservation is: (i) made with a Loyalty Discount (as defined in Article 4.1 below), or (ii) cancelled by the Diner, or (iii) in case of Diner’s no-show at the Restaurant upon a confirmed Reservation, the Diner shall not earn Yums.
From time to time TheFork puts in place special promotions for a limited period of time, during which Diners may gain more Yums than usual (the "Special Promotion").
During each Special Promotion, Diners receive an email specifying the conditions for earning extra Yums. One of these conditions is typically the obligation to enter a promotional code when Diners make their next Reservation on TheFork Platform (the "Promo Code").
In absence of special conditions imposed by TheFork in the Special Promotion and communicated to Users via email or on the Platform, the Promo Code shall be considered unique and to be used only once per Diner.
A Reservation made with a Loyalty Discount will not be eligible to be combined with a Reservation made with a Promo Code.
The amount of Yums obtained through a 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, as specified by TheFork from time to time when the Special Promotion is launched and communicated to Users. The Promo Code has no monetary value and cannot be redeemed against cash, transformed in loans, transferred or sold to anyone or used for any purpose other than those defined by TheFork in these Loyalty Program Special Conditions or as otherwise communicated in advance by TheFork.
When a Reservation is booked with a Promo Code, in case of a cancellation and/or modification either from the Restaurateur or from the Diner, the Promo Code will be usable again only if the new Reservation meets the criteria related to the Promo Code, as communicated from time to time when the Special Promotion is launched.
Once obtained thanks to honoured Reservation on TheFork Platform, Yums can be accumulated in the Diner’s Account and subsequently redeemed against a meal discount once a certain threshold, as indicated in the Account, is reached. When redeemed, Yums will be converted into a price discount deducted from the bill of a participating Restaurant enrolled in the Loyalty Program and accepting Yums (the "Loyalty Discount").
The chart for Yums conversion into a Loyalty Discount is available here.
The list of partner Restaurants adhering to our Loyalty Program is available in the loyalty space of the User account on TheFork Platform. Partner Restaurants are also identified on TheFork Platform with a specific mention or tag.
To convert Yums into Loyalty Discount, Diners must select a participating Loyalty Program partner Restaurant, choose on the Platform the Loyalty Discount option and a time slot where Loyalty Discounts are accepted, and then confirm their Reservation. Once a Diner makes a Reservation using a Loyalty Discount for the first time, the Diner shall be subject to an identification and Account verification process using his/her phone number (through SMS verification or other mechanism made available by TheFork from time to time).
The Loyalty Program partner Restaurateur shall then be responsible for automatically and without further formalities deduct the Loyalty Discount from the bill, once the dining experience will be completed at the Restaurant.
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 will not pay the User the difference between the amount of the Loyalty Discount and the amount of the bill.
The Loyalty Discount is limited to one usage per Reservation and therefore to one usage per table / party group. A group of Diners cannot make multiple Reservations in order to benefit from several Loyalty Discounts at the same table for the same dining experience.
A reservation made with a Loyalty Discount does not entitle the Diner to earn additional Yums.
For more information regarding Yums conversion and expiration date please visit the FAQ page here.
In the event that there is a Special Offer that can be combined with a Loyalty Discount, the Restaurateur will apply the Special Offer before the deduction of the Loyalty Discount.
Yums earned by Diners can be converted into Loyalty Discount during the Yums 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 Diners’ 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.
TheFork may from time to time launch conversion actions that are directed to a certain number of eligible Diners in certain countries; they can profit from it by converting their Yums to TheFork Gift Cards a limited amount of times. If you are eligible to profit from these actions, we invite you to read the respective terms and conditions carefully - some features of TheFork Gift Cards converted from Yums may vary, such as the possibility to transfer TheFork Gift Cards to third parties.
If a Diner has reserved with a Loyalty Discount and cancels the Reservation, or if the Restaurateur cancels the Reservation, the Yums converted to Loyalty Discount at the time of reservation will be re-credited to the Diner's account and may be used for a new reservation within 2 months from the cancellation.
If a Diner does not honour the Reservation and does not show up at the Restaurant (no-show), the Loyalty Discount and the Yums thus converted will be lost and will not be re-credited to the Diner's Account.
TheFork has created a referral program that allows the sponsored person's sponsor (family member, friend, colleague or other person known to the sponsor) to receive extra Yums for the sponsored person's first booking on TheFork Site by entering a Code of sponsorship by the person sponsored during the booking ("Sponsorship Code").
Any User with an account on TheFork Site can be a sponsor.
All persons at least 18 years of age who have not made a reservation on TheFork Site in the two years prior to using the Sponsorship Code may be sponsored persons.
A sponsor can have many sponsored people. A sponsored person can only have one sponsor. The sponsor cannot self-sponsor.
To obtain the Sponsorship Code, the sponsor goes to the "My Sponsorships" section of his account on TheFork Site.
The number of Yums obtained through the sponsorship program is indicated in the "My sponsorships" and "Loyalty area" sections of the User's account.
Once issued and subject to the other provisions of these Loyalty Program Special Terms, the Promo Code is valid for a period limited to the duration of the referral program.
The Sponsorship Code: a) must be used for the intended person and purpose and in a legal manner; b) has no monetary value; c) may not be duplicated, cashed in, transferred (except as permitted herein), or sold to anyone, or made available to the general public (whether posted on a public forum, coupon site, or otherwise); d) can be deactivated by TheFork at any time without reason, notification or liability; e) can only be used in accordance with the terms of these Special Loyalty Program Conditions.
TheFork reserves the right to withhold or delete Yums obtained through the use of Promo Codes or other codes made available by TheFork or one of its official partners, as indicated from time to time, by any Diner 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 Diners to comply with the Terms of Use (including failure to honour several reservations through no-shows), any abuse or fraudulent use of TheFork Platform, Services 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 Yums stored in the loyalty space of the Diner's account on TheFork Platform, without prior notice or compensation.
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 Platform indicating the new terms and conditions of the Loyalty Program and/or the terms of the closure of the Loyalty Program.
With respect to the Loyalty Program, TheFork is only obliged to use reasonable endeavours and accept liability only in relation to the attribution of Yums to the Diners. Consequently, TheFork cannot be held liable for any claims relating to Yums after they have been duly attributed to a Diner. More specifically, TheFork has no liability once Yums have been converted into a Loyalty Discount by a Diner.
As such, TheFork is not responsible for any failure by the Restaurant to apply the Loyalty Discount to the Diner.
In any event, TheFork declines any responsibility in connection to the Loyalty Program in the event of contractual breach and/or fault of the Diners.
In addition, the limitations of liability provided for in Article 6.1 of the Terms of Use, apply.
Last update: 22nd April, 2024
For Privacy and Cookies statement effective until 22nd May, 2024 please click here.
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 (“Services”).
Our Services are owned and operated by La Fourchette SAS as owner. When TheFork is a controller, unless otherwise stated, La Fourchette SAS is the data controller for personal data we collect through the Services subject to this statement. 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.
When you access or use our Services, we collect and process information from and about you to provide the Services in a more personalised and relevant way. Some information we collect passively, for example, with our servers or with cookies or other similar tracking technologies. Some information we collect from different sources, including from you, affiliated entities, business partners, and other independent third-party sources. When you use our Services by “clicking-through” from a third-party website or when you visit third-party websites via our Services, those third-party websites may share information with us about your use of their service. (We encourage you to familiarize yourself with the privacy practices of these third-party websites.) Any information that we receive from third-party websites may be combined with the information provided by you.
Information collected may include the following:
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 and ensure that they have understood and accepted how we will use their personal information (as described in this Statement).
With your consent, we may also process information regarding your diet or allergy preferences to ensure a seamless dining experience. If you choose to share this information with us, we may communicate your preferences to the restaurant associated with your booking. You can revoke your consent at any time in your TheFork account settings.
In addition to the categories noted above, we may also collect certain 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. In this regard, we may use your location to show you restaurants near you. If you give us permission to do so, we may also process your foreground location data in order to detect potentially fraudulent activities in using our Services and to protect your account. This location data will only be used for fraud prevention and will be kept temporarily only as long as is necessary to investigate the fraud event.
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. You may also control some elements of sharing your location with us in your TheFork account settings.
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.
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:
Registration, your account, and other contracts
Improve our Services
Individualization and customization
Communication
Legal Compliance
Please note, if we use automated decision-making to process your personal information, we will implement appropriate measures required to safeguard your rights and freedoms including your right to obtain human intervention.
In order to provide some of our Services and processing activities, we use service providers and may need to share information with these service providers and certain other third parties, including our group of companies, in the following circumstances:
Certain Device operating system versions permit you to opt out of certain types of information sharing, including to certain advertising networks. 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. Please check your Device settings if you want to limit such tracking 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.
We also may share your information if we believe, in our sole discretion, that such disclosure is necessary:
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. Please remember that it is your responsibility to keep information updated so we can provide you with accurate Services. In addition, you can do the following:
Our Services are not intended for children, which we consider to be: (i) individuals that are 13 years of age or under, or the age of privacy consent in your jurisdiction; or (ii) when processing data on the basis of a contract, the age of legal capacity to enter into the agreement.
We will only collect or process information belonging to children under very limited circumstances. We will only collect personal information belonging to children if it is provided by and with consent of a parent or guardian. If we become aware that we have processed the personal information of a child without the valid consent of a parent or guardian, we will delete the personal information.
We offer our Services to users located 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.
We have implemented appropriate administrative, technical, and physical security procedures to help protect your information. We only authorize specific personnel 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 unauthorized access to your information. However, we cannot guarantee the security of information from unauthorized entry or use, hardware or software failure, or other circumstances outside of our control.
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.
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 website security, and to show you relevant advertising.
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 the information from 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 personalized content. We also use other tracking technologies, such as pixel, SDKs, or server logs, that have a similar functionality. We also use cookies and tracking technologies to remember your login details, so you don’t have to re-enter them repeatedly when you use our Services or to help us understand your preferences.
To give you control, we provide you with a Cookie Consent Tool which allows you to adjust and customize your cookie settings. You can access the Cookie Consent Tool by clicking the “Cookie consent” link at the bottom of every page and modify your preferences in our cookie banner. In addition, you can manage cookies through the settings of your internet browser. You have the right to withdraw your consent to cookies at any time by clicking on the “Cookie consent” link and modifying and saving your preferences. In the settings of your Internet browser, you can choose which cookies to accept and reject.
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 decline certain 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.
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.
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.
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 located in the EEA.
La Fourchette SAS is the controller of personal information we collect; however, in accordance with applicable data privacy law, we have appointed representatives within the European Union and 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.
You have certain rights regarding your personal information.
Your rights with respect to your own personal information include the following:
You will not usually have to pay a fee to access your personal information (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 information (or to exercise any of your other rights). To the extent you use a third party to submit a data request on your behalf, we may need to take reasonable steps to verify the authenticity of the request. These are security measures to ensure that personal information 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.
We will only use your personal data when the law allows us to.
Pursuant to GDPR, we will use your personal information in one or more of the following circumstances:
Information Uses | Information Processing Legal Basis |
---|---|
Registration, membership and other contracts | Where we need to perform the contract we are about to enter into or have entered into with you. |
Improve our Services and customization | Where it is necessary for our legitimate interests (or those of a third party) to provide or improve Services, including our interest to provide you improved and personalised Services, and where your interests and fundamental rights do not override those interests. Where we need your consent for the information use, we will request your prior consent. |
Communication | Where you are a registered member, the information uses might be required to perform the contract with you. Where it is necessary for our legitimate interests (or those of a third party) to communicate with you and your interests and fundamental rights do not override those interests. Where we need your consent for the information use, we will request your prior consent. |
Legal Compliance | Where it is necessary to meet our legal obligations. |
Your personal information may be stored or transferred to countries outside the EEA and the UK for the purposes described in this Statement. When we store or transfer your personal information outside the EEA and the UK, we take the following precautions to ensure that your personal information is properly protected.
Whenever we store or transfer your personal information outside the EEA and the UK, 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 information are made:
By using our Services, you understand that your personal information may be transferred to our facilities and those third parties with whom we share it, as described in this Statement.
Published September 7th, 2022
When Users rate a restaurant, we ask them to evaluate 3 criteria:
The calculation of the restaurant rating on the TheFork platform is an average of all User ratings from the past year. TheFork relies on the arithmetic method (Bayesian method in the Netherlands) to calculate the average rating of any partner restaurant.
Users can also rate the quality-price ratio, the level of noise, the waiting time, and the quality of food. These extra criteria do not impact the rating, but they can help improve the restaurant’s service by giving the restaurant feedback on these points.
Finally, Users can also leave a review to back up their rating; briefly explaining how their experience at the restaurant was, what their favorite dish was, the ambience, and the service.
Users' opinions are not only important to us, but also beneficial to all in TheFork’s community.
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.
The European Union’s (EU) Digital Services Act (DSA), which entered into force in 2022, seeks to establish a consistent, powerful transparency and accountability framework for all online platforms operating in the EU. It obligates platforms acting as intermediaries, connecting EU consumers with goods, services, and content, to provide heightened protection to their users.
TheFork has been committed to the principles of trust, safety, and transparency for the users and restaurants using its services for more than 15 years, and now uses the DSA’s guidance and requirements to enhance and further those efforts.
Article 24 of the DSA requires platforms to publish information on the average monthly active recipients (as defined in DSA, Article 3(i)) of their intermediary services in the EU. TheFork has calculated that, during the period beginning 1 August 2022 and ending 31 January 2023, the average number of monthly active recipients of our services in the EU was below 45 million. TheFork will update this information on its website in accordance with DSA, Article 24.
Updated: 22nd April, 2024
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