Privacy policy

Privacy policy (website)

 

1. Data protection

General information

The following notes provide a simple overview of what happens to your personal data when you visit this website. Personal data is any data by which you can be personally identified. For more detailed information on data protection, please refer to our privacy policy listed below this text.

Data collection on this website

Who is responsible for data collection on this website?
Data processing on this website is carried out by the website operator. You can find his contact details in the section “Note on the responsible party” in this data protection declaration.

How do we collect your data?
On the one hand, your data is collected by you providing it to us. This may, for example, be data that you enter in a contact form. Other data is collected automatically or after your consent when you visit the website by our IT systems. This is mainly technical data (e.g. Internet browser, operating system or time of page view). This data is collected automatically as soon as you enter this website.

What do we use your data for?
Some of the data is collected to ensure error-free provision of the website. Other data may be used to analyze your user behavior.

What rights do you have regarding your data?
You have the right at any time to receive information free of charge about the origin, recipient and purpose of your stored personal data. You also have a right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.

For this purpose, as well as for further questions on the subject of data protection, you can contact us at any time.

Analysis tools and third-party tools

When visiting this website, your surfing behavior may be statistically analyzed. This is done primarily with so-called analysis programs.
Detailed information about these analysis programs can be found in the following privacy policy.

2. Hosting

External hosting

This website is hosted by an external service provider (hoster). The personal data collected on this website is stored on the hoster’s servers. This may include IP addresses, contact requests, meta and communication data, contract data, contact data,
names, website accesses and other data generated via a website. The hoster is used for the purpose of fulfilling contracts with our potential and existing customers (Art. 6 para. 1 lit. b DSGVO) and in the interest of a secure, fast and efficient provision of our online offer by a professional provider (Art. 6 para. 1 lit. f DSGVO). Our hoster will only process your data to the extent necessary to fulfill its service obligations and follow our instructions regarding this data.

We use the following hoster:

netcup GmbH
Daimlerstraße 25
76185 Karlsruhe
Germany

3. General notes and mandatory information

Data protection

The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this data protection declaration.

When you use this website, various personal data are collected. Personal data is data with which you can be personally identified. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.We point out that data transmission on the Internet (e.g. when communicating by e-mail) can have security gaps. Complete protection of data against access by third parties is not possible..

Note on the responsible office

The responsible party for data processing on this website is:

Lunes GmbH
Karolinenstraße 19
86150 Augsburg
Germany
Phone: +49 821 40824177
E-mail: info@lunes.de

The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e-mail addresses or similar).

Storage period

Unless a more specific storage period has been specified within this data protection declaration, your personal data will remain with us until the purpose for the data processing no longer applies. If you assert a legitimate request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, the data will be deleted once these reasons no longer apply.

Note on data transfer to the USA and other third countries

Among other things, we use tools from companies based in the USA or other third countries that are not secure under data protection law. If these tools are active, your personal data may be transferred to these third countries and processed there. We would like to point out that no level of data protection comparable to that in the EU can be guaranteed in these countries. For example, US companies are obliged to hand over personal data to security authorities without you as a data subject being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. intelligence services) process, evaluate and permanently store your data located on US servers for monitoring purposes. We have no influence on these processing activities.

Revocation of your consent to data processing

Many data processing operations are only possible with your express consent. You can revoke consent you have already given at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.

Right to object to the collection of data in special cases and to direct advertising (Art. 21 DSGVO)

Translated:
IF DATA PROCESSING IS CARRIED OUT ON THE BASIS OF ART. 6 ABS. 1 LIT. E OR F DSGVO, YOU HAVE THE RIGHT TO OBJECT TO THE PROCESSING OF YOUR PERSONAL DATA AT ANY TIME ON GROUNDS RELATING TO YOUR PARTICULAR SITUATION; THIS ALSO APPLIES TO DIRECT MARKETING (ART. 21 DSGVO).
THIS ALSO APPLIES TO PROFILING BASED ON THESE PROVISIONS. THE RESPECTIVE LEGAL BASIS ON WHICH PROCESSING IS BASED CAN BE FOUND IN THIS DATA PROTECTION DECLARATION. IF YOU OBJECT, WE WILL NO LONGER PROCESS YOUR PERSONAL DATA UNLESS WE CAN DEMONSTRATE COMPELLING LEGITIMATE GROUNDS FOR THE PROCESSING WHICH OVERRIDE YOUR INTERESTS, RIGHTS AND FREEDOMS, OR THE PROCESSING IS FOR THE PURPOSE OF ASSERTING, EXERCISING OR DEFENDING LEGAL CLAIMS (OBJECTION UNDER ARTICLE 21 (1) DSGVO). IF YOUR PERSONAL DATA ARE PROCESSED FOR THE PURPOSE OF DIRECT MARKETING, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA CONCERNING YOU FOR THE PURPOSE OF SUCH MARKETING; THIS ALSO APPLIES TO PROFILING INSOFAR AS IT IS RELATED TO SUCH DIRECT MARKETING. IF YOU OBJECT, YOUR PERSONAL DATA WILL SUBSEQUENTLY NO LONGER BE USED FOR THE PURPOSE OF DIRECT MARKETING (OBJECTION ACCORDING TO ART. 21 ABS. 2 GDPR).

Right of appeal to the competent supervisory authority

In the event of violations of the GDPR, data subjects shall have a right of appeal to a supervisory authority, in particular in the Member State of their habitual residence, their place of work or the place of the alleged violation. The right of appeal exists without prejudice to other administrative or judicial remedies.

Right to data portability

You have the right to have data that we process automatically on the basis of your consent or in performance of a contract handed over to you or to a third party in a common, machine-readable format. If you request the direct transfer of the data to another person responsible this will only be done insofar as it is technically feasible.

SSL or TLS encryption

For security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator, this site uses SSL or TLS encryption. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Information, deletion and correction

Within the framework of the applicable legal provisions, you have the right at any time to free information about your stored personal data, its origin and recipient and the purpose of data processing and, if necessary, a right to correction or deletion of this data. For this purpose, as well as for further questions on the subject of personal data, you can contact us at any time.

Right to restriction of processing

You have the right to request the restriction of the processing of your personal data. For this purpose, you can contact us at any time. The right to restriction of processing exists in the following cases:

  • If you dispute the accuracy of your personal data stored by us, we need usually need time to check this. For the duration of the verification, you have the right to restrict the processing of your personal data.
  • If the processing of your personal data has happened/is happening unlawfully, you may Request the restriction of data processing instead of erasure.
  • If we no longer need your personal data, but you wish to use it to exercise, defense or assertion of legal claims, you have the right to request the restriction of the processing of your personal data instead of the deletion.
  • If you have lodged an objection pursuant to Art. 21 (1) DSGVO, a balancing of your and our interests must be carried out. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.

If you have restricted the processing of your personal data, this data – apart from its storage – may only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of an important public interest of the European Union or a Member State.

4. Data collection on this website

Cookies

Our Internet pages use so-called “cookies”. Cookies are small text files and do not cause any damage to your terminal device. They are stored either temporarily for the duration of a session (session cookies) or permanently (permanent cookies) on your terminal device. Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your end device until you delete them yourself or until they are automatically deleted by your web browser.

In some cases, cookies from third-party companies may also be stored on your terminal device when you enter our site (third-party cookies). These enable us or you to use certain services of the third-party company (e.g. cookies for processing payment services).

Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping cart function or the display of videos). Other cookies are used to evaluate user behavior or display advertising.
Cookies that are necessary to carry out the electronic communication process (necessary cookies) or to provide certain functions that you have requested (functional cookies, e.g. for the shopping cart function) or to optimize the website (e.g. cookies to measure the web audience) are stored on the basis of Art. 6 (1) lit. f DSGVO, unless another legal basis is specified. The website operator has a legitimate interest in storing cookies for the technically error-free and optimized provision of its services. If consent to the storage of cookies has been requested, the storage of the cookies in question is based exclusively on this consent (Art. 6 para. 1 lit. a DSGVO); consent can be revoked at any time.

You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. With the
If cookies are deactivated, the functionality of this website may be limited.

Insofar as cookies are used by third-party companies or for analysis purposes, we will inform you separately about this within the framework of this data protection declaration and, if necessary, request your consent.

Contact form

If you send us inquiries via the contact form, the information you provide in the inquiry form, including the contact data you provide there, will be stored by us for the purpose of processing the inquiry and in case of follow-up questions. We do not pass on this data without your consent.

The processing of this data is based on Art. 6 (1) lit. b DSGVO, if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the
effective processing of the requests addressed to us (Art. 6 para. 1 lit. f DSGVO) or on your consent (Art. 6 para. 1 lit. a DSGVO) if this has been requested.

The data you enter in the contact form will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g. after we have completed processing your request). Mandatory legal provisions –
in particular retention periods – remain unaffected.

Inquiry by e-mail or telephone

If you contact us by e-mail or telephone, your inquiry including all resulting personal data (name, inquiry) will be stored and processed by us for the purpose of processing your request. We do not pass on this data without your consent.

The processing of this data is based on Art. 6 (1) lit. b DSGVO, if your request is related to the performance of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the requests sent to us (Art. 6 (1) (f) DSGVO) or on your consent (Art. 6 (1) (a) DSGVO) if this was requested.

The data you send to us via contact requests will remain with us until you request us to delete it, revoke your consent to store it, or the purpose for storing the data no longer applies (e.g. after your request has been processed). Mandatory legal provisions – in particular legal retention periods – remain unaffected.

Privacy policy for customers (mobile app)

 

This privacy statement applies to the processing of personal data of customers who place an order on one of Mesero´s platforms. The data controller for processing these personal data is Mesero. Mesero is responsible for the processing of your personal data and takes your privacy seriously. Mesero therefore adheres to the requirements of the General Data Protection Regulation (GDPR) when processing personal data.
What personal data we process and why

Mesero processes your personal data because you use our services. We use the following personal data for the following purposes.

1. Ordering process

We process the personal data you provide to us when you place your order. These personal data are needed to execute your order, confirm your order, and to assess your order, payment, and a possible refund. The legal basis for this processing of personal data is that it is needed for the performance of a contract as defined in the GDPR. We process the following personal data in the ordering process:

Name
Address details
Contact details
Order
Payment details
Comments (if applicable)

2. Restaurant reviews

Aside from the above processing operations, we process personal data you provide when submitting a restaurant review. The legal basis for this processing of personal data is that you have consented to it (by posting a restaurant review) as defined in the GDPR. You can withdraw your consent by contacting us via our privacy form. We process the following personal data when you post a restaurant review:

Name (if submitted)
Review

3. Customer Services

When you contact our customer services department, we will use the personal data you provide to answer your question or handle your complaint. The legal basis for this processing of personal data is that it is needed for the performance of a contract as defined in the GDPR. We process the following personal data for customer service purposes:

Name
Address details (if applicable)
Contact details
Payment details (if applicable)
Comments (if applicable)

4. Customer satisfaction surveys

To make sure that our services are aligned with your preferences, any personal data you provide to our customer services department may be used for things such as customer satisfaction surveys. The legal basis for this processing operation is that it is needed in pursuing a legitimate interest of Mesero (customer satisfaction) as defined in the GDPR. This concerns the same personal data as listed under no. 2.

5. Marketing messages

We also process your personal data to be able to send you (personalised) marketing messages and notifications. Such messages include the latest news, discounts, and updates about new restaurants (by email or push notification), and loyalty schemes, regardless of the format we use to share these kinds of messages (including email or push messages). The legal basis for this processing of personal data, as defined in the GDPR, is that you have consented to it when you placed an order. Whenever you want to change your preferences with respect to receiving such messages and notifications, you can unsubscribe using the link in the message in question.

We process the following personal data for marketing purposes:

Name
Contact details
Postcode

6. Cookies

And finally, we also process personal data that you submit to us indirectly. Mesero uses cookies for functional, analytical, and marketing purposes. The functional cookies are necessary for the use of the website. Cookies collect the following personal data:

Location details
IP address or app IDs
Internet browser and device type
Website language

Please refer to our Cookie Statement for further details about cookies.

7. Fraud prevention

We process some of the above personal data also to prevent fraud and other forms of misuse. The legal basis for this processing operation is that it is needed in pursuing a legitimate interest of Mesero (fraud prevention) as defined in the GDPR.

8. Analysis

We also use your personal data to be able to meet our reporting obligations towards advertisers and to be able to improve our website and our range of products and services. The legal basis for this processing operation is that it is needed in pursuing a legitimate interest of Mesero (analysis & reporting) as defined in the GDPR. We will always make sure the reports do not contain any data that can be traced back to you.
Age

Our website is neither intended for persons aged under 16, and nor do we intend to collect personal data of website visitors who are aged under 16. However, we are unable to verify visitors’ age. We therefore advise parents to monitor their children’s online activities, so as to prevent their personal data being collected without parental consent. If you feel that we have collected personal data of a minor without consent, please contact us via our privacy form. We will then proceed to erase these data.
Automated decision-making and profiling

In the performance of the contract with you and to improve our platform, Mesero uses automated decision-making and profiling. We use your postcode and/or location details, for example, to select available restaurants in your local area. And Mesero uses automated decision-making in complying with our legal obligations to prevent money laundering, terrorism financing, and other criminal offences.

When such automated decision-making and/or profiling leads to a negative decision about you, and you do not agree with it, you can contact us via our privacy form. We will then proceed to reassess the situation. We would aside from that also like to hear from you if you have suggestions on how to improve these processes.
How long we store personal data for

Mesero will not store your personal data for longer than is strictly necessary for the purposes for which your personal data were collected. We will only store your personal data for longer if we are required by law to do so. Mesero erases most of your personal data 2 years after you placed your order. We use this 2-year term for administrative purposes and to be able to deal with possible questions and complaints about your order, either from you or from restaurants. We store personal data that we use for reporting, analytical, and misuse prevention purposes for up to 20 years after you placed your order. We are unable to remove your personal data from backups. But when performing a restore from a backup, we will erase the personal data right away.
Sharing with restaurants

Mesero shares your personal data (name, address details and [telephone number,] order) with the restaurant you selected, so that the restaurant can deliver your order. As you are a direct customer of the restaurant, the restaurant will have its own responsibility and obligations with respect to the processing of your personal data. If you have questions about how the restaurant handles your personal data, you should contact the restaurant directly.
Sharing with others (not being restaurants)

Mesero will not sell your personal data to third parties, and we will only disclose them to third parties if necessary for the performance of our contract with you, for analytical and marketing purposes, or to comply with legal obligations.

Your personal data may be shared with the following parties:

Software providers
Implementation partners
Customer satisfaction survey firms
Advertising platforms (e.g. Google and Facebook)

If you have opted for your Personalized Cookie Package, we may share your personal data in pseudonymized form with third-party platforms such as Google or Facebook in order to create “Custom Audiences”. Based on these Custom Audiences, such platforms will show you personalized ads. You can always opt-out from these advertisements by switching to our Essential Cookie Package.

Whenever we instruct third-party companies to process your personal data on our behalf, we will enter into a data processing agreement to guarantee the same level of protection and confidentiality of your personal data. Mesero will then continue to have ultimate responsibility for such processing operations.

Our website may include links to third-party websites. When accessing such third-party websites, bear in mind that each of these websites has its own privacy statement. Although Mesero takes great care in selecting websites to link to, we cannot assume responsibility for the way in which they handle your personal data.
Personal data access, rectification, and erasure

You have the right to access all personal data we collect about you, as well as to request that we rectify or erase your personal data. If you feel that we are processing your personal data without a valid legal basis or that we are processing personal data that are not relevant for our selection process, please contact us via our privacy form. Mesero will respond to your request as soon as possible, and in any case no later than four weeks after receiving your request.
Tips, questions, and complaints

If you have any other questions or complaints about the processing of your personal data, we will be happy to talk to you. And we would also like to hear from you if you have tips or suggestions on how to improve our privacy policy.
Security

Mesero takes personal data protection very seriously and we therefore take appropriate measures to protect your personal data against misuse, loss, unauthorised access, unwanted disclosure, and unauthorised alteration. If you feel that your personal data are not adequately protected or there are indications of misuse, please contact us on: mesero@lunes.de
Data Protection Authority

Besides the option of lodging a complaint with us, you have the right to lodge a complaint with the relevant supervisory authority for the protection of personal data. To do so, contact the supervisory authority directly.
Contact details