Terms and Conditions

HUMPTY’S® Mobile App Terms of Use.

THESE TERMS OF USE FORM A BINDING CONTRACT, (“AGREEMENT”) BETWEEN YOU (“YOU”) AND HUMPTY’S RESTAURANTS INTERNATIONAL INC. (“HUMPTY’S”), TOGETHER WITH ITS SUBSIDIARIES AND AFFILIATES, INCLUDING BUT NOT LIMITED TO HUMPTY’S RESTAURANTS INTERNATIONAL INC., HUMPTY’S FRANCHISEES AND ASSOCIATED DIRECTORS AND THIRD-PARTY AGENCIES. THIS AGREEMENT GOVERNS YOUR USE OF THE HUMPTY’S MOBILE APP AND ANY AND ALL FUTURE REVISIONS AND UPDATES MADE TO THE APP FOR THE PURPOSE OF ALLOWING USERS TO EARN POINTS ON HUMPTY’S PURCHASE TRANSACTIONS WITH GUEST REWARDS AND PLACE ORDERS THROUGH THE APP USING H2GO. The app is stored and maintained on servers located in Calgary, Alberta Canada.

 

BY INSTALLING THE APP AND CREATING A USER ACCOUNT, YOU ARE CONSENTING TO THIS AGREEMENT AND AGREEING TO ALL OF THE PROVISIONS IT CONTAINS.

 

  1. ACCOUNT REGISTRATION AND APP USE

    2.  

    1a Account Registration and Guest Rewards.

    When you create an account on the Humpty’s Mobile App, you will automatically be enrolled in the Guest Rewards loyalty program. HUMPTY’S GUEST REWARDS is a loyalty program in which you receive 1 point for every dollar spent at participating Humpty’s locations. The Guest Reward points can be used for future discounts at participating Humpty’s locations. Customers earn one point for every pre-tax dollar spent at Humpty’s. Customers can redeem their points in increments of 100 points or $10 per discount transaction. Only 100 points or $10 can be redeemed per customer, per transaction. Points collected are for Humpty’s Family Restaurant purchases and are not applicable to purchases made at any other businesses. Any attempts at fraudulent point collections will result in all points being removed from an account and the account holder being removed from the Guest Rewards system. Points are non-transferable and can only be used by the Guest Rewards account holder. Proprietary back end validation will review and validate all point collections to determine if any incorrect information has been input into the system or if fraud has been attempted. In the event of suspected fraud, user accounts will be adjusted accordingly and Humpty’s Restaurants International Inc. will reserve the right to suspend such accounts and prohibit them from point collection or redemptions going forward. If Humpty’s Restaurants International Inc. suspects any fraudulent activity, they reserve the right to remove all points from the user account and suspend said account from further activity. Humpty’s Restaurants International Inc. is not in any way responsible for awarding points to user accounts where any type of user or system fraud is suspected, where users do not follow point collection and redemption procedures (such as use of redemption codes within an hour of activation), where interruptions, errors, technical issues, typographical errors or programmatic issues may effect the use of the app and in situations where administrative issues may effect the allocation of points. Humpty’s Restaurants International Inc. nor its directors, employees, agents or representatives will be liable for any discrepancies in the collection or redemption of points in the Guest Rewards program and they further reserve the right to determine any and all changes to the program and the administration of points to user accounts in accordance with the terms and conditions for the Humpty’s Mobile App.

     

    1b Accurate Information.

    Throughout your interactions with the Humpty’s Mobile App and in accordance with the terms of use, you must provide accurate and complete information and must also keep the information that you provide up to date.

     

  2. H2GO ORDERING

    3.  

    2a General Information.

    The app will allow users to access H2Go to place orders through the app at participating Humpty’s location. H2GO will allow users to browse menu sections, place orders and make payments for those orders through the app. H2GO will accept Visa and Mastercard credit card transactions online and all transactions are completely secure. Humpty’s Restaurants International Inc. or franchise locations do not store the user’s credit card #. Once entered into the mobile app, the credit card # will not be visible by anyone and will be securely stored by Moneris, our payment service provider. We have taken all necessary steps to ensure full PCI compliance with all credit card transactions within the mobile app.

     

    2b Placing Orders.

    All menu selections listed within H2GO on the mobile app are subject to availability and Humpty’s Family Restaurant location participation. After your mobile app order has been placed, you will receive a notice in app and through transactional e-mail confirming that your order has been placed. Subsequent to that, you will also receive additional in-app notices and transactional e-mails to confirm your order and to confirm a pickup time for your order.

     

    2c Changes and Cancellations.

    Requests to change or cancel an order must be made by contacting the restaurant location directly and cannot be made through the mobile app itself. Cancellation of an order is at the discretion of the restaurant location so users should assume that all orders are final once placed. Cancellations will also be confirmed with the user both in app and through transactional e-mail.

     

    2d Disputes and Refunds.

    If a billing error, change request or cancellation entitles you to a refund, you agree to accept the refund in the form of a credit on the method of payment used to place your order. Humpty’s will have to secure this type of credit by contacting Moneris and requesting a refund to the form of payment used. Except as required by law, cash refunds will not be provided. If you are dissatisfied with the products or services you received from the selected Humpty’s Family Restaurant location, please contact [email protected].

     

    2e Humpty’s H2GO Account History.

    When a payment transaction is made using your Humpty’s mobile app account, we will update your account activity and provide you a transaction confirmation (as part of the transactional e-mails outlined in section 2b). The confirmation will serve as your receipt. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your account and your use of the Humpty’s App, and (b) reconciling all transactional information that is associated with your account.

     

    2f Additional Services.

    In addition to the remote ordering and payment processing functions of H2GO, the Humpty’s mobile app will also provide a Humpty’s Family Restaurant locator, showing locations closest to the user (provided the user allows the Humpty’s mobile app to access the user’s location information).

     

    2g Catering Orders.

    H2Go, through the Humpty’s mobile app, does not allow for large catering orders. For larger orders, users are encouraged to contact a Humpty’s Family Restaurant location directly to secure such orders.

     

  3. CUSTOMER CARE

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    3a For questions or problems relating to operation of the Humpty’s mobile app or any issue with a transaction made through the Humpty’s mobile app, please contact [email protected]. Please note that we are only responsible for customer service issues relating to the Humpty’s mobile app, user accounts, H2GO payments and credit card processing. Problems with any order you place with a Humpty’s Family Restaurant location (through H2GO) are the responsibility of that restaurant.

     

  4. PRIVACY AND CONSENT TO ELECTRONIC COMMUNICATIONS

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    4a Privacy.  

    Your privacy is important to us. We provide a Privacy Statement that explains our information practices and the choices you can make concerning the use and disclosure of your personal information. Please click here for our Privacy Statement, which forms part of this Agreement.

     

    4b Electronic Communications.  

    BY ACCEPTING THIS AGREEMENT, YOU CONSENT TO RECEIVING ELECTRONIC COMMUNICATIONS (INCLUDING EMAILS, PUSH NOTIFICATIONS, TEXT MESSAGES AND IN-APP NOTIFICATIONS) FROM US IN CONNECTION WITH YOUR HUMPTY’S H2GO ACCOUNT AND THE GUEST REWARDS LOYALTY PROGRAM. You may also have the opportunity to sign up to receive promotional emails or in-app notifications from us about special offers and/or promotions from Humpty’s. You may opt out of such communications at any time. Note that if you choose to opt out of promotional electronic messages, we will continue to send electronic e-mail communications to you in order to assist in managing your Humpty’s mobile app account, including administration of Guest Rewards and H2GO purchase transactions, or as otherwise permitted or required by applicable law.

     

  5. LEGAL & GENERAL TERMS

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    5a Your License.

    We grant you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to sublicense, to electronically access and use the Humpty’s mobile app, solely for the purposes set out in Section 1 above. The mobile app includes any software, programs, documentation, tools, internet-based services, components and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto provided to you for use with the Humpty’s mobile app.

     

    5b Restrictions.

    While we want you to enjoy the Humpty’s mobile app, you may not, nor may you permit any third party to do any of the following: (1) access or attempt to access our systems, programs or data that are not made available for public use; (2) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way material from us; (3) permit any third party to use and benefit from the mobile app via a rental, lease, timesharing, service bureau or other arrangement; (4) transfer any rights granted to you under this Agreement; (5) work around any of the technical limitations of the mobile app, use any tool to enable features or functionalities that are otherwise disabled on the mobile app or decompile, disassemble or otherwise reverse engineer the mobile app, except to the extent that such restriction is expressly permitted by law; (6) perform or attempt to perform any actions that would interfere with the proper working of the mobile app, prevent access to or use of the mobile app by other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (7) otherwise use the mobile app as expressly allowed under this section.

     

    In addition, to the extent the Humpty’s mobile app allows users to post or submit content, you agree not to use the mobile app:

    • (a) to transmit any information or written, graphic or photographic material that is unlawful, threatening, abusive, harassing, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, threatening, menacing, offensive, hateful or racially, ethnically or otherwise objectionable;
    • (b) to harm, or threaten to harm, minors in any way;
    • (c) to impersonate any person or entity or falsely state or otherwise misrepresent your identity or status or misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the mobile app;
    • (d) to transmit any material that infringes any patent, trademark, trade secret, copyright or other intellectual property, privacy, publicity or other rights of any third party;
    • (e) to interfere with or disrupt any websites or servers or networks connected to the mobile app, or disobey any requirements, procedures, policies or regulations of networks connected to the mobile app;
    • (f) to intentionally or unintentionally violate any applicable law, regulation or statute and any regulations having the force of law; or
    • (g) to “stalk” or otherwise harass, threaten, or violate the rights of others; or collect, store or process, or attempt to collect, store or process, personal data about third parties without their knowledge or consent.

    5c Disclosures and Notices.

    You agree that we can provide, at our discretion, this agreement (including the Privacy Statement), any revisions and amendments to it, payment authorizations, disclosures, notices required by law and any other matter relating to your Humpty’s Mobile App Account electronically by emailing it to the email address listed in your Humpty’s mobile app account. You also agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. You are considered to have received such notices and disclosures within 24 hours of the time it was emailed to you unless we receive notice that the email was not delivered. Revisions to these Terms and Conditions are subject to change without notice, but can be found electronically, as a link from the Humpty’s mobile app to the Terms and Conditions notice on the Humpty’s website (www.humptys.com).

     

    5d Service Providers.

    We use service providers to provide you with many aspects of the mobile app and your Humpty’s mobile app account. The service providers include, but may not be limited to, Moneris and other partners used in the development and maintenance of the mobile app itself.

     

    5e Suspension or Termination.

    To the full extent permitted by law, we may terminate this agreement and/or suspend, discontinue or close your Humpty’s mobile app account for any reason or no reason at any time upon notice to you. The notice may be provided by way of in-app message or e-mail communication. Without limiting the foregoing, we may also suspend your access to your Humpty’s mobile app account if you (1) have violated the terms of this Agreement, (2) pose an unacceptable fraud risk to us, or (3) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct, some of which is outlined in section 1a.

     

    5f Effect of Termination.

    We may, in our sole and absolute discretion, without liability to you or any third party, to the full extent permitted by law, terminate your use of the Humpty’s mobile app for any reason, including without limitation, inactivity or violation of this Agreement or other policies we may establish or revise from time to time. We will not be liable to you for compensation, reimbursement or damages in connection with your use of the mobile app or any termination or suspension of your Humpty’s mobile app account. If your Humpty’s account is terminated for any reason or no reason, you agree: (1) to continue to be bound by this agreement and remain responsible for any transactions you have processed through use of the mobile app; (2) to immediately stop using the mobile app; (3) that the license provided under this agreement shall end; (4) that we reserve the right (but have no obligation), to the extent permitted by applicable law, to delete all of your information and your Humpty’s mobile app account data stored on applicable servers; (5) that we are not obligated to provide you any value for Guest Reward points not used – these points, whether used or not, have no monetary value outside of the mobile app and no monetary equivalent will be paid to you for unused points should your Humpty’s account or the mobile app itself be discontinued; and (6) that we shall not be liable to you or any third party for termination of access to the mobile app or deletion of your Humpty’s account information.

     

    5g Your Right to Terminate.

    You may terminate this Agreement and your Humpty’s mobile app account at any time by uninstalling the Humpty’s app on your mobile device.

     

    5h Updates.

    You acknowledge that you may need to install future software updates (and/or new versions of the app) to continue to use the Humpty’s mobile app. You may be notified of such new updates through e-mail communication and you agree to this communication as a condition of having a Humpty’s mobile app account.

     

    5i Ownership, Trademarks, Ideas.

    The Humpty’s mobile app and associated software are licensed and not sold to you. The mobile app and associated software are protected by copyright, trade secret and other intellectual property laws. You acknowledge and agree that we, or our service providers, own or have the legal right to the title, copyright and other Intellectual Property Rights (as defined below) for the mobile app and all copies thereof.

     

    Unless otherwise noted, all materials on the Humpty’s mobile app are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned, licensed or used by us. Humpty’s and the Humpty’s logo are registered trademarks and service marks owned and registered by Humpty’s Restaurants International Inc. All rights not expressly granted are reserved. This Agreement does not grant you any rights to the trademarks or service marks of the Humpty’s Family Restaurant system, any service provider or their respective licensors.

     

    Should you submit an idea for consideration through the Humpty’s mobile app (or through the Humpty’s website or associated e-mail accounts), you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us or any of our service providers under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, that we and our service providers do not waive any rights to use similar or related ideas previously known to us or our service providers or developed by their employees or obtained from sources other than you.

     

    5j Indemnity.

    You will indemnify, defend and hold us and our service providers (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (1) any actual or alleged breach of your representations, warranties or obligations set forth in this agreement; (2) your wrongful or improper use of the Humpty’s mobile app; (3) any transaction submitted by you through the mobile app (including without limitation any claim or dispute); (4) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (5) your violation of any law, rule or regulation of Canada or any other country; (6) any claim of monetary value for unused Guest Reward points due to the discontinuance of the Humpty’s mobile app or your user account and (7) any other party’s access and/or use of the mobile app with your log-in credentials or your Humpty’s mobile app account.

     

    5k Representation and Warranties.

    You represent and warrant that: (1) you are eligible to register and use the mobile app and have the right, power and ability to enter into and perform under this agreement; (2) the name you identified when you registered is your name; (3) you will fulfill all of your obligations to each Humpty’s merchant location and/or financial institution for which you submit a transaction and will resolve any consumer dispute or complaint directly with that entity; (4) you and all transactions initiated by you will comply with all federal, provincial, territorial and local laws, rules and regulations applicable to your business, including any applicable tax laws and regulations; (5) you will not use the Humpty’s mobile app, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the mobile app and (6) your primary residence is located in Canada.

     

    5l No Warranties.

    The Humpty’s mobile app is provided on an “AS IS” and “AS AVAILABLE” basis. Use of the mobile app is at your own risk. To the maximum extent permitted by applicable law, THE MOBILE APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement. No advice or information, whether oral or written, obtained by you from us or through the mobile app will create any warranty not expressly stated herein. Without limiting the foregoing, we and our service providers (and their respective subsidiaries, affiliates, members, shareholders, directors, officers, employees and agents) do not warrant that the content is accurate, reliable or correct; that the mobile app will meet your requirements; that the mobile app will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the mobile app is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the mobile app is downloaded at your own risk and you will be solely responsible for any damage to your property or loss of data that results from such download. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a Humpty’s restaurant location or other third party through the mobile app or any hyperlinked website or service or featured in any banner or other advertising and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

     

    5m Limitation of Liability and Disclaimers.

    YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE RELATING TO OR IN CONNECTION WITH YOUR USE OF THE HUMPTY’S MOBILE APP OR BREACH OF THIS AGREEMENT IS TO DISCONTINUE YOUR USE OF THE MOBILE APP ITSELF. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR SERVICE PROVIDERS AND ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE MOBILE APP) AND THE SUBSIDIARIES, AFFILIATES, MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF EACH PARTY, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, CONSEQUENTIAL, RELIANCE OR PUNITIVE LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE SITES IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE MOBILE APP, INCLUDING WITHOUT LIMITATION ACTIONS OR ACTIVITIES RESULTING FROM USE OF RESOURCES PRESENTED ON THE MOBILE APP, ANY WEBSITES LINKED TO THE MOBILE APP OR THE MATERIAL ON SUCH WEBSITES OR USE OF ANY SUBMISSION, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR MOBILE DEVICE, COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITES OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITES OR ANY WEBSITE LINKED TO THE  MOBILE APP.

     

    UNDER NO CIRCUMSTANCES WILL WE OR OUR SERVICE PROVIDERS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE MOBILE APP OR YOUR Humpty’s MOBILE APP ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SERVICE PROVIDERS (AND OUR AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE MOBILE APP; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MOBILE APP; (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE MOBILE APP BY ANY THIRD PARTY; (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE MOBILE APP; AND/OR (7) USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

     

    TO THE EXTENT ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE UNENFORCEABLE TO YOU IN YOUR JURISDICTION, THIS SECTION SHOULD BE CONSTRUED SO AS TO EFFECTUATE THE INTENT OF ITS PROVISIONS TO THE MAXIMUM EXTENT PERMISSIBLE.

     

    5n Governing Law

    To the extent permitted by law, this Agreement shall be governed by and construed in accordance with the substantive laws of the Province of Alberta and the laws of Canada applicable therein without reference to any rules regarding conflicts of law.

     

    5o Right to Amend.

    We have the right to change or add to the terms of this agreement, with or without notice at any time and to change, delete, discontinue or impose conditions on any feature or aspect of the mobile app that we in our sole discretion deem to be reasonable. It is your responsibility to review the terms and conditions for updates and changes. Any use of the Humpty’s mobile app after publication of any such changes shall constitute your acceptance of the new terms and conditions of this agreement as modified.

     

    5p Assignment.

    You may not transfer or assign this agreement or any rights or licenses granted hereunder, but we may assign this agreement without restriction.

     

    5q Third Party Services and Links to Other Web Sites.

    You may be offered services, products and promotions provided by third parties and not by us. If you decide to use these third-party services you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that we are not responsible for the performance of these services. The mobile site, at any time, may contain links to third party websites as a convenience to you. The inclusion of any website link does not imply an approval, endorsement or recommendation by us. You agree that you access any such website at your own risk and that the site is not governed by the terms and conditions contained in this agreement. We expressly disclaim any liability for these websites. Please remember that when you use a link to go from the mobile app to another website, our Privacy Statement is no longer in effect. Your browsing and interaction on any other website, including those that have a link on the mobile app, is subject to that website’s own rules and policies.

     

    5r Other Provisions.

    Except as expressly provided in this agreement or as may be expressly stated in another agreement between us, these terms are a complete statement of the agreement between Humpty’s Restaurants International Inc. and you with respect to the Humpty’s mobile app, including the provision of payment services. In the event of a conflict between this agreement and any other agreement or policy, absent an express provision to the contrary, this agreement shall prevail on the subject matter of this agreement. If any provision or aspect of a provision of this agreement is held to be invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

    HUMPTY’S RESTAURANTS INTERNATIONAL INC. PRIVACY STATEMENT

    We have developed a Privacy Policy that describes how we collect, use, disclose, transfer and store your information. It will also outline your rights as they relate to your personal data within the Humpty’s website environment and mobile app.

     

    1. ABOUT THIS POLICY

      2. For the purposes of this policy, Humpty’s includes, but bis not limited to, Humpty’s Restaurants International Inc., all Humpty’s Family Restaurant franchisees and all related Humpty’s Restaurants International Inc. marketing, advertising and development partners/agencies.

       

      This Privacy Policy applies to the personal information that Humpty’s collects when you interact with the Humpty’s website and/or the Humpty’s mobile app. This includes information collected through our website, mobile app, WiFi services or similar technology provided in Humpty’s Family Restaurant locations, branded pages on third party platforms (i.e. social media platforms) and through our direct marketing campaigns or other communications, as well as, when you purchase our products, subscribe to our news and offers, enter into one of our promotions or contact Humpty’s customer support.

       

      This statement does not apply to (1) any Humpty’s services that use a different privacy policy and (2) third party websites including websites that may or may not be operated by Humpty’s Family Restaurant franchisees. Each restaurant franchise is independently responsible for its legal and regulatory compliance and this Privacy Policy does not apply to Humpty’s franchisees or to websites or mobile apps they operate. There may also be times we have a link to third party websites. If you choose to visit those websites, we are not responsible for the privacy policies or the content of those websites. We encourage you to review the privacy policies of those websites before submitting your personal information. Some third parties may choose to share information about their users with us – that sharing is governed by that company’s privacy policy and is not covered in this Privacy Policy. 

       

      If we make any material changes to this policy, we will notify you by means of a notice on the Humpty’s website, within the Humpty’s mobile app or by e-mail sent to the customer’s account (provided the customer has provided consent to receive such communications). Where we are required by applicable data protection laws, we will also seek your consent to any material changes that affect how we use your personal information.  We encourage you to periodically review this page for the latest information on our privacy practices.

       

    2. PERSONAL INFORMATION WE COLLECT

      3. The personal information we collect falls into three categories: (a) information you provide us directly; (b) information we collect through automated methods; and (c) information we collect from third parties.

       

      Information You Provide Directly:

      When you use the Humpty’s website or the Humpty’s mobile app, we may ask you to provide certain personal information to use our web/app services or purchase our products. The personal information we collect from you depends on the nature of your interaction with the Humpty’s website or Humpty’s mobile app, but may include:

      • Contact Information. We may collect personal and/or business contact information including your first name, last name, mailing address, telephone number, fax number, email address and other similar data.
      • Payment Information. If you make a purchase online or through the Humpty’s mobile app, you will be required to provide a credit card number and related financial information (such as expiration date, security code and billing address). Please see our terms and conditions for how we handle all credit cards. The Humpty’s mobile app (through H2GO) will accept Visa and Mastercard credit card transactions online and all transactions are completely secure. Humpty’s Restaurants International Inc. or franchise locations do not store the user’s credit card #. Once entered into the mobile app, the credit card # will not be visible by anyone and will be securely stored by Moneris, our payment service provider. We have taken all necessary steps to ensure full PCI compliance with all credit card transactions within the mobile app.
      • Account Information. We collect information such as your username and password when you create an account to access our online services, mobile app accounts or to buy our products. Account information may also include how you purchased or signed up for your Humpty’s app account, your mobile app (H2GO) transactions, billing and support history and anything else related to the account you create.
      • Usage Data. This is the personal data we collect about you when you are using the Humpty’s website or the Humpty’s mobile app, which may include information about the date and time of your logins and details of your use of third-party applications and advertising you receive.
      • Marketing and Communications. We may also collect your preferences in receiving marketing from us and our third parties. Any marketing communication will only be sent upon consent received from users of the Humpty’s website or mobile app, who consent to receiving such communications.
      • Security Credentials. We collect user IDs, passwords, email and similar security information required for authentication and access of any Humpty’s website or mobile app account.
      • Information through Social Media.  You may also be given the option to link to your Facebook or other social media accounts through the Humpty’s website or mobile app. Your use of these features may result in the collection or sharing of information about you, depending on the feature. For example, these Features may collect your IP address, which page you are visiting on our site or mobile app and may set a cookie to enable the feature to function properly. They may also allow third-party social media services to provide us information about you, including your name, email address, and other contact information. The information we receive is dependent upon your privacy settings with the social network. We encourage you to review the privacy policies and settings on the social media sites you use to make sure you understand the information that is collected, used and shared by those sites.
      • Customer Service, Surveys & Promotions. There may be times you provide us additional personal information when you interact online or by phone or mail with our customer support channels; when you participate in our customer surveys or promotions; or in the facilitation of Humpty’s website or mobile app administration services. Types of additional personal information may include voice recordings, photographs, Humpty’s guest cheque receipts and videos.
      • If you fail to provide your personal information. Where we need to collect your personal information by law, or under the terms of a contract we have with you, and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, in order to provide you with our products or services via our website or mobile app). In this case, we may have to cancel the contract and notify you accordingly.

      Information Collected Automatically

      Whenever you visit or interact with the Humpty’s website or mobile app, as well as any third-party advertisers and/or service providers, we may use a variety of technologies to automatically or passively collect information about your online activity. This information may be collected in the following ways:

      • Device & Technical Data. We collect technical information when you visit our websites or use our mobile application. This includes information such as you Internet Protocol (IP) address, your login data, the type of mobile device you use, your device operating system and browser type, time zone setting and location, language, a unique device identifier, the address of a referring website, the path you take through our website/mobile app and other information about your session on our website/mobile app.
      • Cookies and Other Technologies. We and our third-party service providers use technologies such as cookies, web beacons, unique advertising identifiers and mobile device identifiers to collect information about the use of our website and mobile app. This includes, for example, information from public databases or data aggregators that may include your demographic information, media consumption, previous purchases, shopping habits, loyalty program information or lifestyle preferences.
      • Geolocation Data. We may collect information about your location when your device is set to provide location information. For example, your device’s GPS signal allows us to show you the nearest Humpty’s restaurant. For most mobile devices and computer systems, you are able to withdraw your permission for us to collect this information by using your browser or device settings. To withdraw your Google Maps API permission setting please follow the procedures in Google’s terms of service. If you have any questions about how to prevent us from collecting exact information about your location, we recommend you contact your mobile-device provider, the device manufacturer, or your web-browser provider. Note that some online services and in-restaurant technology may not work properly without information about your location.

      Information Received from Third Parties

      We may collect information about you from other companies and organizations, including but not limited to, public databases, social media platforms and third-party marketing partners.

      We may also collect information that is publicly available. For example, we may collect public information about your when you interact with us through social media. By collecting additional information about you, we can correct inaccurate information, enhance the security of your transactions, and give you product recommendations and special offers that are more likely to interest you, as long as you have provided consent to receive such information from us.

       

      Combined Information

      We may combine the information we receive about you, including information you provide directly to us and information we automatically collect through the Humpty’s website and/or mobile app, as well as information collected across other computers or devices that you may use, from other online or offline sources, and from third parties. If we combine your personal information and non-personal information, we will treat the combined information as personal information in accordance with this Privacy Policy.

       

    3. LAWFUL BASIS FOR HOW WE USE YOUR PERSONAL INFORMATION

      4. We may use the information we collect in the following ways.

       

      To provide our services and contract with you:

      • To carry out your requests, process loyalty points, fulfill take-out orders and process payments for those orders;
      • To communicate with you about your loyalty points, take-out orders, purchases or accounts, including managing any requests, questions or comments you may have;
      • To provide online services to you, which includes our website and/or mobile app; and
      • To provide customer support, including processing any concerns about our services.

      To market to you, improve our services and the following legitimate business interests:

      • To tell you about our products and services, competitions, offers, promotions or special events that we believe may interest you when you are a member of the Humpty’s mobile app or associated web based membership program (provided you have provided consent to receive such information);
      • To personalize your experience in our restaurants and within our online environment;
      • To verify your identity or communicate with you about your activities with respect to the Humpty’s website or Humpty’s mobile app;
      • To manage our business, including developing new products and services, conducting consumer and operations research and assessing the effectiveness of our sales, marketing and advertising;
      • To link or combine with information we receive from others to help understand your needs, use for interest-based or targeted advertising or re-targeting on your computers or other devices;
      • To ensure the security of our networks and systems, including to help diagnose technical and service issues, troubleshoot issues, bugs or defects related to your account or activities within the Humpty’s website or mobile app;

      To comply with applicable law:

      • To protect against fraud and other crime, claims and liabilities;
      • To comply with legal obligations and our policies;
      • To establish or defend a legal claim; and
      • To monitor and report compliance issues.

      For the public interest:

      • To use your personal information if we reasonably believe that there is an inherent security or product issue that we must either disclose to you or the authorities and the use of your information will prevent or potentially minimize the danger to you or others.

      With your consent (where required by applicable law), we may use the information we collect for the following purposes:

      • To send you emails or text messages about the products and services, competitions, offers, promotions or special events we believe may interest you (provided you have provided consent to receive such communications);
      • To provide location-based services;
      • To use cookies and similar technologies.

      We may use the information we collect about you in other ways, which we will tell you about at the time we collect it and for which we will seek your consent if required by law.

       

    4. SHARING YOUR INFORMATION

      5. We do not sell any of your personal information including your name, address, email address or credit card information to any third party. However, we may share the information collected from or about you with the following categories of companies in the following ways:

       

      Within Humpty’s

      Humpty’s Restaurants International Inc. may share your information among our executives and employees to administer app-based loyalty programs, process take-out orders and requests, as well as to expand and promote our product and service offerings. Executives and employees of Humpty’s Restaurants International Inc. who receive your personal information are not authorized to use or share the information, except as set out in this Privacy Policy.

       

      With Third Parties

      Humpty’s Franchisees. If you choose to contact a Humpty’s location, collect loyalty points or place a take-out order at a restaurant location, we may need to share your information with the Humpty’s franchisee in order for them to address your request or process a points transaction or H2GO take-out order.

       

      Independent Purchasing Organizations. Depending on your region, we may share your personal information with the applicable independent purchasing organization in your market and their subsidiaries in connection with website or online purchases, as well as the administration of the Guest Rewards loyalty program.

       

      Third Party Service Providers. We may share your personal information with vendors who provide services to us, such as business, professional or technical support functions. This includes, but is not limited to, service providers that host or operate Humpty’s services; payment processors; data processing or other information technology services; carrying out research and analysis, providing customer experience management services and personalizing individual customer experiences (including loyalty administration). We do not allow these vendors to use or share this information for any purpose other than to provide services on our behalf.

       

      Sweepstakes, Contests, and Promotions. If you choose to enter into one of our sweepstakes, contests, or other promotions, we may disclose your information to third parties or the public in connection with the administration of such promotion, as required by law, as otherwise permitted by the Promotion’s official rules, or otherwise in accordance with this Privacy Policy.

       

      Business Transfers. Your Personal Information is considered a company asset and may be disclosed or transferred to a third party in the event of a proposed or actual purchase, any reorganization, sale, lease, merger, joint venture, assignment, amalgamation or any other type of acquisition, disposal or financing of all or any portion of our business or of any of the business assets or shares (including in connection with any bankruptcy or similar proceeding) of Humpty’s Restaurants International Inc. or a division thereof, in order for you to continue to receive the same products and services from, or to continue the same or similar relationship with, the third party.

       

      Legal Disclosures. We may disclose your information if we believe that the disclosure is required by law, a subpoena or other legal process, if we believe that the disclosure is necessary to enforce our agreements or policies, or if we believe that the disclosure will help us protect the rights, property or safety of Humpty’s Restaurants International Inc. or our customers or partners.

       

      When You Consent. We may share your information with other companies if you give us permission or direct us to share the information.

       

    5. TARGETED ADVERTISING

      6. We use third parties’ analytics and tracking tools, such as Google Analytics, to help us track, segment and analyze usage of the Humpty’s website and/or mobile app and to help us or those third parties serve more targeted advertising to you across the Internet or through the mobile app. Those tools may use technology such as cookies, web beacons, pixel tags, log files, flash cookies, or other technologies to collect and store non-personal information.

       

      At our request, these third parties collect, and share with us, usage information about visits to our website, measure and research the effectiveness of our advertisements, track page usage and paths followed during visits through our website, help us target our Internet banner advertisements on our website and on other sites and track use of our Internet banner advertisements and other links from our marketing partners’ sites to our own website. They may also combine information they collect from your interaction with the Humpty’s website and/or mobile app with information they collect from other sources.

       

      We do not have access to, or control over, these third parties’ use of cookies or other tracking technologies.

       

    6. OPTING OUT

      7. Marketing Communications

      If you have agreed to receive marketing communications from us, you can later opt out by following the opt-out instructions in the marketing communications we send you or you can also make that request by e-mailing [email protected]. Depending on the Humpty’s website or mobile app that you are using, you may also have the ability to change your communication preferences in your profile section of the website or mobile app or in your device settings. Where our mobile applications may allow for the delivery of “push notifications”, you can also opt out of receiving these notifications by going into your mobile phone settings and toggling the “Notifications” switch within our mobile application to “off”.

       

      If you do opt out of receiving marketing communications from us, we may still send communications to you about your loyalty transactions, H2GO purchase transactions, accounts you have with Humpty’s and/or any contests, competitions, prize draws or sweepstakes you have entered. Opting out of one form of communication does not mean you’ve opted out of other forms as well.  For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them.

       

      Loyalty Program

      Participation in the Humpty’s Guest Rewards loyalty program is voluntary; you may end your participation in the Humpty’s Guest Rewards loyalty program by using the contact details in the mobile app and sending a request to cancel your participation, in which case any data gathered through the program will be deleted except what we are legally required to keep. Please note that data originating through other non-program interactions may remain with us.

       

      App Tracking Preferences

      You may opt out of all information collected via our mobile app by uninstalling it. You may use the standard uninstall, application and data management processes available through your mobile device. Once you have uninstalled the app, all the information that is stored in the app is deleted, including any preferences you previously set for location permissions and whether you have allowed us to send you push notifications. Once the app is uninstalled and preferences are deleted, any push notifications from the app (previously consented to) will stop. You may also refrain from using any mobile app features that collect specific types of data.

       

      You may also opt out of location services by adjusting the settings of your device so that information about your physical location is not sent to us or third parties by (a) disabling location services within the device settings; or (b) denying certain websites or mobile applications permission to access location information by changing the relevant preferences and permissions on your mobile device or browser settings. Please note your location may be derived from your WiFi, Bluetooth, and other device settings. See your device settings for more information.

       

    7. YOUR LEGAL RIGHTS

      8. Under certain circumstances, you have rights under applicable data protection laws in relation to your personal information. You have the right to:

       

      Access Your Personal Information.  You can request access to your personal information. This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it. You may reasonably access your personal information by contacting Humpty’s Restaurants International Inc. regarding the accuracy of your personal information. Please note that we may request specific information from you to enable us to confirm your identity and right to access, as well as to search for and provide you with the personal information we have about you.

       

      Your right to access the personal information that we hold about you is not without limitations. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information we hold about you.  In addition, the personal information may have been destroyed, erased or made anonymous. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

       

      Information Modifications or Updates. We aim to ensure that personal information in our possession is accurate, current and complete. If you believe that the personal information about you is incorrect, incomplete or outdated, you may make modifications to your account or profile information within the Humpty’s website or within the Humpty’s mobile app. You may also request the revision or correction of that information. We will use reasonable efforts to revise it and, if necessary, to use reasonable efforts to inform agents, service providers or other third parties, which were provided with inaccurate information, so records in their possession may also be corrected or updated. However, we reserve the right not to change any personal information we consider accurate.

       

      Erasure of Your Personal Information. You may ask us to delete or remove personal information where there is no legal reason for us to continue using it. You also have the right to ask us to delete or remove your personal information where you successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal information to comply with law. Please note that we may not always be able to comply with your request of erasure for specific legal reasons which we will notify you, if applicable, at the time of your request.

       

      Object to Processing Your Personal Information. You may have the right to object to us processing your information in certain circumstances. This right applies when we are processing your personal information based on a legitimate interest (or those of a third party), which you may challenge if you feel it impacts your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. However, in some cases, we may demonstrate that we have compelling legitimate ground to process your information or legal obligations which override your rights and freedoms.

       

      Data Portability. You may request the transfer of your personal information to you or a third party. We will provide to you, or a third party you have chosen, your information in a structured, commonly used, machine-readable format. Please note this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

       

    8. HOW LONG WE KEEP YOUR INFORMATION

      9. To the extent permitted by applicable law, we retain your personal information as long as (1) it is needed for the purposes for which we obtained it and in accordance with this Privacy Policy or (2) we have another lawful basis, stated in this Privacy Policy or at the point of collection, for retaining that information beyond the period for which it is necessary to serve the original purpose for obtaining it. If the lawful basis for processing that data is based solely on consent, we will delete the personal information if such consent is removed.

       

    9. CHILDREN’S PRIVACY

      10. Our services are not intended for use by children under the age of 15 or equivalent minimum age depending on the jurisdiction.

       

      If you are a parent or legal guardian and believe we may have collected information about your child, please contact us as outlined earlier in this Privacy Policy.

       

      If we learn that we have inadvertently collected the personal information of a child under 15, or equivalent minimum age depending on the jurisdiction, we will take steps to delete the information as soon as possible.

       

    10. OUR SECURITY

      11. We recognize the importance of maintaining the security of your personal information. We protect your information using security measures, including physical, administrative and technical safeguards to reduce the risk of loss, misuse, unauthorized access, disclosure or modification of your information.

       

      While we have employed security technologies and procedures to assist safeguarding your personal information, no system can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us. You use Humpty’s website and Humpty’s mobile app and provide associated information at your own risk.

       

      Thank you for reading our Privacy Policy. If you have any questions about this Statement or about how we process personal information, please contact Humpty’s Restaurants International Inc. at [email protected] or at [email protected].