Privacy Policy

1. Personally Identifiable Information

“Personally Identifiable Information” means personal information such as a full name that either alone or in combination with other information, identifies, relates to, describes, or is capable of being associated with, a particular individual, but does not include publicly available information that is lawfully made available to the general public from government records.

2. Children

By using or attempting to use the Services, you certify that you are at least 18 years of age. We do not knowingly collect or store Personally Identifiable Information from persons under 13 years of age (any such person, a “child”). Upon notice or discovery of information collected from a child without our knowledge, we take all reasonable efforts to erase or destroy any such Personally Identifiable Information.

3. Information We Collect and Use

• 3.1 In connection with your registration as a user of our Services, we collect your email address, phone number (including country code), and information regarding the contacts within your mobile device (“Device”). The information that you provide will be used for the purposes set forth below.
• 3.2 In order to connect you with the contacts in your Device’s address book, we will ask for your permission to collect your contacts’ phone numbers and email addresses solely for purposes of your use of the Services.
• 3.3 In accessing or using the Services, we record information sent from your Device through server log files and tracking technologies such as cookies (see the section entitled Use of Cookies and Other Tracking Technologies, below), and this information includes device model type, time and date stamp, operating system and its version. We may record information which may include information regarding mobile carrier, unique device identifier, language, network status, time zone, geographic location, time spent, clickstream data, IP address, and other statistics on your use of the Services; in some cases a unique identification number may be generated and matched with your Device.
• 3.4 After registration, we may use your Personally Identifiable Information to provide the following in connection with our provision of the Services:
  • (a) notify you when your contacts register to use the Services;
  • (b) authentication purposes;
  • (c) carry over your existing Dine Account to different mobile device;
  • (d) investigate and resolve problems with the Services;
  • (e) respond efficiently to your inquiries;
  • (f) provide the Services and Services-related content;
  • (g) carry out or provide sales, sales solicitation, shipment of products, and other related services performed by us or by third parties for us;
  • (h) advertise or promote our products or the products of third parties (including through direct mail and email marketing);
  • (i) invoice fees, calculate charges and provide payment services (if any);
  • (j) provide after-sales service and respond to inquiries and complaints;
  • (k) develop new features and functions to enhance the Services;
  • (l) provide system maintenance and handle system malfunctions; and
  • (m) provide Service-related announcements, newsletters or other communications.
  We may collect, use, transfer, and disclose non-Personally Identifiable Information for any purpose.
• 3.5 We may also use your Personally Identifiable Information to provide advertising, marketing and sales information, request that you participate in marketing surveys and statistical analyses, carry out contests and campaigns (which may be subject to additional terms and conditions), provide affiliate and loyalty programs. These initiatives may be implemented by us or third parties acting on our behalf.
• 3.6 For the purpose of displaying distance between you and the point where a post was uploaded, we may collect, use, and share precise location data, including the real-time geographic location of your Device after obtaining your permission to access your location data in your Devices. Unless you explicitly opt-in to permit the use and sharing of your Personally Identifiable Information regarding your geographic location, your location data will only be collected and used anonymously in a form that does not personally identify you.

4. Disclosure to Third Parties

• 4.1 We do not sell, rent, lease or disclose Personally Identifiable Information to unaffiliated entities or entities that are not our Advertisers, except as stated herein or in the TOU. When we plan to disclose your Personally Identifiable Information to Advertisers, we ask for you to opt in to do so, in which case their use of your information is subject to the Advertisers’ own privacy policies and terms of use. We may disclose Personally Identifiable Information to our subsidiaries and affiliates for marketing and/or administrative purposes in which case we ask for you to opt in to do so. (a) We may use third party service providers (“operational service providers”) to perform functions on our behalf for the purpose of administering and maintaining the Services, including payment functions, social networking services, content, features, functions, and other operations of the Services. These operational service providers may also manage and store Dine User information, including your Personally Identifiable Information. Your use of the Services means that you give your consent to us and operational service providers to collect and use your Personally Identifiable Information in connection with providing the Services. (b) We may also offer you services that allow you to link your Dine Account to a social networking service (“SNS”) (e.g., Facebook, Twitter). In these instances, you must opt in to allow Mrk&Co to access and use of your Facebook number ID (integer value), Twitter number ID (integer value) and any other information you have independently provided to and made accessible through the SNS. Such access will be in accordance with the privacy settings you have set in your SNS account, if any.
• 4.2 We will make your Personally Identifiable Information available to non-affiliated third parties in the following limited circumstances:
  • (a) When we are compelled to do so by a governmental agency, court or other entity (e.g., to respond to subpoenas, court orders or legal process);
  • (b) If we believe your actions violate any law, regulation, the TOU or this Privacy Policy or if you threaten the rights, property or safety of the Services or Mrk&Co or its subsidiaries, affiliates, or any of our operational service providers, licensors, suppliers, Advertisers, users, or any other party;
  • (c) If, in our sole discretion, we believe such disclosure to be necessary or appropriate (i) to protect Mrk&Co or our subsidiaries, affiliates, licensors, suppliers, Advertisers, customers and other Dine Users and our security, business, property and/or assets, (ii) to limit legal liability, (iii) to defend our interests and/or (iv) to comply with our legal and regulatory obligations or requests by law enforcement agencies or governmental authorities; or
  • (d) In the event of a bankruptcy, merger, acquisition, transfer of control, joint venture or other business combination involving us, or our subsidiaries, or affiliates.
• 4.3 We may further provide non-Personally Identifiable Information to third party Advertisers, such as your age, interests, or the way you use the Services, for the purpose of customizing and targeting advertising messages. These companies may use anonymous information related to your use of the Services, such as the number of times you visited an advertisement, to better provide advertisements to you about goods and services that may be of interest to you.

5. Privacy of Your Submissions.

We reserve the right to monitor, edit, and disclose your use of the Services to a third party, if we believe such action is required by law or is necessary to protect and defend our rights, to enforce this Privacy Policy or the TOU, or to protect the interests of Dine Users, Advertisers, subsidiaries, affiliates, licensors, suppliers, operational service providers, and others. Further, information contained in your Submissions is automatically made public. We are in no way responsible for the accuracy, use, or misuse of any information, including Personally Identifiable Information, that you disclose or receive through the Services and you should assume that any disclosure you do make in the Services will be available publicly, even without your knowledge or authorization. Please see the TOU for additional details regarding Submissions.

6. Use of Cookies and Other Tracking Technologies

• 6.1 We may gather certain information through use of “cookies” and other such features, which may be downloaded to your Device (“Cookies”). These tools allow us to store data about your use of the Services, including the collection of identifiers associated with the Device you use to access the Services. We may use Cookies to store your user preferences, authenticate user sessions, and determine whether you have installed the software necessary to access certain material or applications. BY ACCESSING THE SERVICES, YOU ARE CONSENTING TO THE USE OF COOKIES ON YOUR DEVICE.
• 6.2 Advertisers may also download Cookies onto your Device to measure the effectiveness of their ads or personalize advertising content. We have no control over these third party Cookies. This Privacy Policy covers our use of Cookies only, and does not cover the use of Cookies by third parties.

7. Choice as to How Your Information is Used

Except as otherwise permitted or required by applicable law, Mrk&Co will obtain your permission before collecting and/or using Personally Identifiable Information collected in a way that is inconsistent with this Privacy Policy.

8. Push Notifications; Opt outs

• 8.1 You agree that, where permitted, we may send push and local notifications to your Device concerning updates, events, and special offers for the Services. Please note that where available you may have the option of deactivating push or local notifications by changing the settings of the Services or your Device.
• 8.2 If you do not wish to receive emails or postal mailings on future offers or information about products, promotions or services, you will be able to opt out by sending such request to the contact info in the section entitled Contacting Us below.
• 8.3 Please note that opting out or not providing Personally Identifiable Information may prevent access to some or all functions or areas of the Services.

9. Security Measures

We use commercially reasonable measures to safeguard Personally Identifiable Information stored in our servers and databases against loss, theft, and unauthorized disclosure or use. Please be aware that no security measures are perfect, and we cannot control the actions of third parties or any persons with whom you choose to share information. We are therefore not responsible for circumvention of any security measures by third parties. Any information that you choose to within the Services, or that you transmit by other available channels, may be accessible to third parties. Any such disclosures are made at your own risk and Mrk&Co disclaims all liability related thereto.

10. Links

The Services may contain links to other third party services or websites, including Advertisers, and other unaffiliated sites. We are not responsible for the privacy policies of any third party services or websites, and you should read the privacy policies of each. This Privacy Policy applies only to information collected through the Services.

11. Changes to Privacy Policy

We reserve the right to make changes to this Privacy Policy. This Privacy Policy may be viewed in the Services, and notice of updates to this Privacy Policy will be posted there. It is your responsibility to review this Privacy Policy regularly to ensure that you are apprised of any changes. Your continued access to the Services will signify your acceptance of any changes.

12. Non-Japan Users

If you are located anywhere outside of Japan, you recognize and agree by accessing or using the Services that any information, including Personally Identifiable Information, collected may be transferred to, and in any manner processed or stored in, any country or territory, including, but not limited to, Japan and/or the United States.

13. Updating, Correcting Your Personal Information

• 13.1 If you have any concerns with the way we collect and handle your personal information, or would like to correct or request that we delete such Personally Identifiable Information held by us, please contact us. Mrk&Co will process such requests on a commercially reasonably basis and in accordance with applicable law, and may further charge you an administration fee to do so (if permitted by applicable law). For any of the foregoing, please contact us at the contact information under the section entitled Contacting Us below.
• 13.2 Personally Identifiable Information collected for certain entries is subject to corporate and regulatory record-keeping requirements and will not be deleted upon the user’s request, unless required by applicable law and/or permitted by the TOU.

14. Contacting Us

If you have any questions, inquiries, requests or complaints concerning our Privacy Policy or information practices, please contact us at support@dinewith.co