Terms of Service
LAST UPDATED: 10/12/2021
Terms of Service for HONEYGROW Online Services
Please read these terms of service for honeygrow (“terms”). They contain jury and class action waivers, limitations on liability and other provisions that may affect your legal rights.
By using, installing, accessing or downloading (collectively, “use”) any of our websites, mobile apps, kiosks, email newsletters and subscriptions, rewards and/or loyalty programs and other digital or online properties (collectively, “services” or “online services”), you are entering into a binding agreement with honeygrow (“we”, “us” or “our”) for such use.
By accepting these terms, you understand and agree that you are waiving your rights to a trial by jury or to combine your dispute with others in a class action.
1. Our Online Services.
A. Age Restrictions.
Our online services are available in various parts of the United States. Whenever you use our online services, you must follow all applicable rules and regulations, including refraining from using our online services while driving.
Our online services are not to be used by, or targeted to, anyone under the age of 13 years old. If you are at least 13 years old but not yet 18 years old, or the legal age of majority in your jurisdiction, you must review these terms with your parent or guardian and they must understand and agree to these terms in order for you to use the online services.
Do not use our online services if you, or your parent or guardian do not agree to these terms. You must immediately stop using the online services and request that we terminate your account if you created one. You must direct your request for account deletion by sending us an email at firstname.lastname@example.org, and you must include the email address and phone number associated with your account.
B. No Guarantees As To Functionality.
You are responsible for any devices, software and services that you may require to use the services. We make no guarantees as to the functionality of the services and/or whether they will work in connection with any specific device or with any particular software.
You are responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means as chosen or requested by you. If you create an online service account, it is your responsibility for keeping the account secure and for all activity that takes place under the account.
D. Updates to these Terms.
We may update, modify or terminate the online services (including your access to them) from time to time, in our sole discretion, including by pushing updates to (or removing functionality or access from) any mobile app that you have installed on your device. If we make material changes to the terms, we will notify you by reasonable means, including by posting the new terms in the online services. If you do not agree to the changed terms, then you must cease using the online services and request that we terminate your account by emailing us at email@example.com.
3. Communications With You—Opting-In and Opting Out.
Text messaging, also known as SMS, is one method that we use to communicate with you. Our text messaging program is an “online service” and is subject to these terms.
By opting in to receive these text messages, you consent to our use of an automatic telephone dialing system to generate the text message to you. No purchase is required to be eligible to receive text messages.
You can cancel the SMS or text message service at any time. Just reply "STOP". After you send the “STOP” message to us, we will send you a message confirming that you have been unsubscribed. After this confirmation text, you will no longer receive text messages from us. If you want to join again, you will have to sign up again, as you did previously, and we will then start sending text messages to you again.
You also may completely opt out of our communications with you by modifying your communication preferences to opt out of our communications through your preference selections. You may also change your communication preferences using your device settings.
You agree that you may need to separately manage your communication preferences for each communication method. If you opt out of receiving marketing emails, you may still receive marketing text messages if you’ve opted in to receiving them.
If at any time you forget what keywords are supported, just reply "HELP". After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive two automated messages per order, conversational message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email firstname.lastname@example.org.
4. Special Offers.
You may receive special offers from us through the online services, including text messages and emails. These offers may only be available through our online service and specified and for the particular product shown, subject to availability in participating restaurants only, and until the offer expires. Other restrictions noted in the offers may apply, including: (i) serving times; (ii) quantities; (iii) non-transferability of the offer; (iv) expiration upon redemption; (v) one offer per restaurant visit; (vi) no cash redemption or alternative.
5. Ownership and Licenses
All rights in the online services belong to us or our licensors. This includes any and all content on the online services, such as text, images, graphics, logos, icons, images, audio files, digital downloads, data compilations, software, trademarks, service marks, trade dress, audio, video, data and other materials (together, “content”) as well as any part of the online services. The online services are licensed to you, meaning you have permission from us to use the services for your own personal, non-commercial use for the purposes stated herein. Nothing in these terms transfers any such rights to. You may not take any action to jeopardize, limit or interfere with our or our licensors’ rights.
Trademarks, service marks, and all graphical elements, including the look and feel appearing on the online services, are our or our licensor’s protected trademarks or trade dress. The online services may also include certain names, trademarks, and service marks of third party owners.
6. Copyright Notice.
We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyrighted work is infringed by content appearing on the online services, please provide a written DMCA notice to us at:
Honeygrow, 1429 Walnut Street, 9th Floor, Philadelphia, PA, 19102, Attn: copyright administrator, 215-545-1206, or email email@example.com.
You notice must include the following information:
(i)Your full name, address, telephone number and email address;
(ii)A detailed description of the copyrighted work that you believe has been infringed.
(iii)A detailed description of the content on the online services that you believe infringes your copyrighted work. You must include reasonably sufficient information to allow us to identify the content at issue;
(iv)The following statement, signed by the copyright owner or a person authorized to act on behalf of the copyright owner: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I acknowledge that a copy of this infringement notice, including any contact information provided above, may be provided to the person that posted the content being reported.
(v)Your physical or electronic signature.
Our online services may allow you to send comments, remarks, suggestions, ideas, graphics, photographs, questions, complaints, recommendations or other information posted or communicated to us through the online services (“submissions”). By submitting any information to us through the online services, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, sublicense to others, modify, translate, prepare derivative works of, publicly display, and publicly perform the submissions, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person, including to use them for any commercial or other purpose whatsoever without approval from or compensation to you or any other person. We will not treat your submissions as confidential or as being in any way proprietary to you.
7. Uses And Restrictions For The Online Services.
You may use the online services only for your own personal, non-commercial use. The rights granted to you herein are subject to the following restrictions: (a) you may not attempt, or authorize, encourage, or support others' attempts, to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with the online services; (b) you may not copy, distribute, sell, resell, or exploit for any commercial purposes any portion of the online services; (c) you shall not use any manual or automated software, devices or other processes, including, without limitation, spiders, robots, scrapers, data mining tools, and the like, to "scape" or download data from any web pages contained in the online services; (d) you shall not access or use the online services to build competing or similar services; and (e) you may not copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means the online services. Any unauthorized use of the online services terminates the licenses granted herein. Furthermore, you may not, and you may not allow others, to use the online services for any purpose that is unlawful or specifically prohibited by these terms.
8. Limitations on Liability and Disclaimers.
A. Limitations on Liability.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE ONLINE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT OR OTHERWISE.
Some of the above limitations and disclaimers may not apply to you if your jurisdiction does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
Nothing in this section is intended to limit our liability for damages to the extent caused by our own gross negligence or intentional or unlawful misconduct. Additionally, nothing in this section limits your rights as a consumer that cannot be limited or altered under applicable law. We reserve all legal rights to recover damages or other compensation under these terms or as allowed by law.
YOU EXPRESSLY AGREE THAT USE OF THE ONLINE SERVICES IS AT YOUR OWN RISK. YOU UNDERSTAND THAT THE ONLINE SERVICES MAY, AT TIMES, INCLUDE INACCURATE OR ERRONEOUS INFORMATION. WE PROVIDE THE ONLINE SERVICES “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED.WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE ONLINE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ACCURATE, RELIABLE, SECURE, OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE ONLINE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY PRODUCTS YOU OBTAIN THROUGH THE ONLINE SERVICES IS DONE AT YOUR OWN RISK,
WE MAKE NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOUR SOLE REMEDY AGAINST US FOR THE ONLINE SERVICES IS TO STOP USING THE SERVICES. THESE WARRANTY EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
9. Third Party Services.
The online services may allow you to link to or use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. We do not endorse and are not associated with any of these third party services. We have no responsibility from or related to these third party services.
10. Events Beyond Our Control / Force Majeure.
We shall have no responsibility for our failure to perform any of our obligations under these terms where such failure is caused by or related to any event beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, materials and/or pandemics. If such an event occurs, then our obligations shall be suspended for the duration of the event; and we may, but are not required to, use reasonable endeavors to find a reasonable solution by which our obligations under these terms may be performed in the face of the event.
11. Disputes; Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT SET FORTH IN THIS SECTION. PLEASE READ THIS SECTION CAREFULLY AND COMPLETELY AS IT CONTAINS PROVISIONS AND PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
By using the online services, you agree the following:
(i) any claim or dispute (whether in contract, tort, or otherwise) you have with us arising from or related to the online services, our products or services, or these terms shall be resolved exclusively by binding arbitration, to be administered by JAMS, before a single arbitrator using JAMS’s Streamlined Arbitration Rules and Procedures (“JAMS Rules and Procedures”). For more information on JAMS and/or JAMS Rules and Procedures, you may visit the JAMS website at www.jamsadr.com and www.jamsadr.com/adr-rules-procedures/.
(ii) the arbitration shall be held at a location determined by JAMS;
(iii)the arbitrator shall have the exclusive authority to resolve any dispute, including relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable, and any decision rendered by the arbitrator shall be binding. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration;
(iv)Waiver of Class Actions. ALL CLAIMS AND DISPUTES COVERED BY THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(v) Waiver of Jury Trial. THE PARTIES HEREBY AGREE TO WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO A COURT PROCEEDING AND TO HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION PROCEDURES ARE MORE LIMITED, EFFICIENT AND LESS COSTLY THAN COURT PROCEEDINGS AND ARE SUBJECT TO LIMITED REVIEW BY COURTS. IF ANY LITIGATION SHOULD ARISE BETWEEN YOU AND US IN ANY, YOU AGREE TO WAIVE ALL RIGHTS TO A JURY TRIAL AND TO HAVE THE CASE OR DISPUTE HEARD BY A JUDGE.
(vi)Claims Not Subject To Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement and may be asserted in court.
(vii)Confidentiality. The arbitration proceeding and all documents filed in connection therewith shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. However, nothing herein shall preclude a party from submitting necessary information or documents to a court for the purposes of confirming or enforcing an arbitration award, asserting claims that are permissible to be brought in court under this arbitration agreement or seeking injunctive relief.
(viii)Notice and Informal Dispute Resolution. Before either party may commence an action for arbitration, the party must first send to the other party a written Notice of Dispute ("Notice"), describing the nature of the dispute, including the basis for the dispute and relief requested. For any Notice to honeygrow, the Notice shall be sent to 1429 Walnut Street, 9th Floor, Philadelphia, PA, 19125, to the attention of the Legal Department, by email at firstname.lastname@example.org, and/or Federal Express or any method of delivery where a receipt confirmation can be generated. After the Notice is received, the parties shall attempt to resolve the dispute informally and amicably. If the dispute is not resolved by the 60th day after the Notice was received, either party may begin an arbitration proceeding. Settlement offers, if any, shall not be disclosed to the arbitrator, unless such offer is pertinent to the legal issues in the matter.
(ix)Severability. If any provision in this Arbitration Agreement is held to be invalid or unenforceable, then such part shall be of no force and effect. However, the remaining provisions of this Arbitration Agreement and these terms and conditions shall be unaffected and shall continue to be in full force and effect.
(x) Courts. Where parties are permitted to litigate in court, the parties agree to submit to the personal jurisdiction of the courts located within Philadelphia County, Philadelphia, Pennsylvania.
12. App Stores.
You understand and agree that the availability of the Application (“App”) and the online services is dependent on the third party from whom you received or downloaded the App license, such as Apple iTunes or Google Play app stores ("App Store"). You acknowledge that these Terms are only between you and us and not with the App Store. We have no responsibility over the App Store or any disputes you may have with the App Store or functionality of the App. In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access and network. You also agree to pay all fees (if any) charged by the App Store. You agree to comply with, and your license to use the Appl is conditioned upon your compliance with, all applicable third-party terms, including the App Store’s terms and policies.
13. Other Provisions.
(i)We make no representation that the online services are appropriate or available outside of the United States. If you use the online services from or in geographical locations outside the United States, you are responsible for compliance with all applicable local laws.
(ii)These terms will be governed and interpreted pursuant to the laws of the Commonwealth of Pennsylvania.
(iii)Upon termination of these terms or of your license to use the online services, all rights granted to you under terms shall cease; however, these terms will continue to apply to your prior use of the online services and anything relating to or arising from such use.
(iv)These terms are severable and if any of them are found to be unlawful, void or unenforceable, then the remaining terms shall remain in full force and effect.
(v)If we do not promptly enforce our rights against you, or delay in doing so, such delay shall not constitute a waiver of our rights against you and we specifically reserve the right to enforce these terms at any time.
(vi)We may transfer our rights and obligations under these terms to another organization or entity, and such transfer shall not affect your rights or our obligations under these terms.
LAST UPDATED: 10/12/21
Personal Information We May Collect
We may collect Personal Information about you when you visit our restaurants, utilize our kiosks, otherwise interact with us or visit or utilize our Sites. We may collect Personal Information about you from other sources, such as from publicly available sources or when you interact with us through social media.
We may collect Personal Information from you to provide you with services or as otherwise may be required by law. We may combine Personal Information you provide to us with information we receive from other sources, such as automated methods that apply when you add a payment method to your account or Site preferences. Personal Information we may collect includes information that identifies you as an individual, such as your:
- Zip code
- Email address
- Phone number
- Other contact information you may provide when you use the Site, interact with us or visit our restaurants
Other information we may collect includes:
- Transaction information, such as information regarding products you may have ordered or purchased, prices paid for the products, method and means of payment
- Account information, which may include your password and/or username
- Profile information, which may include products you inquired about, liked or shown interest in
- Any other Personal Information you voluntarily provide to us
How We May Collect Personal Information
We and our service providers may collect Personal Information in a variety of ways, including:
- Through our restaurants: In addition to the above, we may collect Personal Information when you visit us in our restaurants, such as when you pay for an order through a credit card or debit card, or sign up for or participate in our loyalty programs.
- Through the kisoks and/or Sites: In addition to the above, we collect Personal Information when you provide it to us through the Sites such as when you order a product or service, request delivery and/or fulfillment of your order, participate in promotions, participate in our loyalty programs, or sign up for a newsletter.
- From Other Sources: In addition to the above, we may receive your Personal Information from other sources, such as feedback cards, social media, or emails you send us.
How We Use Personal Information
We may use Personal Information, including by sending you emails, mobile phone calls and/or text messages:
- To respond to your inquiries, fulfill your requests, fulfill and/or deliver your orders, process payments, and send you offers, promotions, and/or newsletters.
- To send you important information regarding the Sites, changes to our terms, conditions and policies and other administrative information.
- To communicate with you about your orders and/or our products.
- To provide you with customer support.
- To allow you to participate in sweepstakes, loyalty programs, contests and similar promotions and to administer these activities. Some of these activities have rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that you read the rules carefully.
- To facilitate social sharing functionality.
- To market to you, including to inform you of our products, new products, our services, promotions.
- To personalize your experience in our restaurants or through the Sites.
- For our business purposes, such as data analysis, audits, fraud monitoring and prevention, improving our products and services and developing new products and services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; (g) to allow us to pursue available remedies or limit the damages that we may sustain; and (h) to monitor and report compliance issues.
- To ensure the security of our systems and networks.
How Personal Information is Shared or Disclosed
We do not sell your Personal Information.
Your Personal Information may be shared or disclosed:
- To our third party service providers who provide services such as website hosting, data processing and analysis, information technology, email delivery, auditing services, payment processing services, order fulfillment and delivery services, marketing services, and other similar services.
- By you, on message boards, chat, profile pages, blogs and other services to which you are able to post information and materials. Please note that any information you post or disclose through these services will become public and may be available to visitors to the Site and to the general public. We urge you to be very careful when deciding to disclose your Personal Information, or any other information, on the Site.
- To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
- As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
- We may share information that does not specifically identify you, such as aggregated statistical information about your use of the Sites and/or products and/or services you used or purchased.
Other Information We Collect
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an individual, such as:
- Browser information
- App usage data
- Information collected through cookies, pixel tags and other technologies
- Demographic information and other information provided by you
- Aggregated information
- Internet protocol (IP) addresses
- Device operating system information
- Mobile device identifier information and serial numbers
How We Collect Other Information
We and our third party service providers may collect Other Information in a variety of ways, including:
·Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system version, device manufacturer and model, language and Internet browser type and version. We use this information to ensure that the Site functions properly.
·Through your use of the app:When you download and use the app, we and our service providers may track and collect app usage data, such as the date and time the app on your device accesses our servers and what information and files have been downloaded to the app based on your device number.
- Using pixel tags andsimilar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Site pages and HTML-formatted email messages to, among other things, track the actions of Site users and email recipients, measure the success of our marketing campaigns and compile statistics about Site usage and response rates.
- IP Address: Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. An IP Address may be identified and logged automatically in our server log files whenever a user visits the Sites, along with the time of the visit and the page(s) that were visited. We use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems and administering the Site.
- Physical Location: We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device's physical location to provide you with personalized location-based services and content. We may share your device's physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. You may be permitted to allow or deny such uses and/or sharing of your device's location, but if you choose to do so, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
- From you: We collect other information, such as your preferred means of communication, when you voluntarily provide it. Unless combined with Personal Information, this information does not personally identify you.
- By aggregating information: Aggregated Personal Information does not personally identify you (for example, we may aggregate Personal Information to calculate the percentage of our users who have a particular telephone area code).
How We Use and Disclose Other Information
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then, in addition to the uses listed in the “How We Collect Other Information” section above, we may use and disclose Other Information for all the purposes for which we use and disclose Personal Information.
In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.
THIRD PARTY SITES
We use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Us” section below.
CHOICES AND ACCESS
Your choices regarding our use and disclosure of your Personal Information
We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt out from:
- Receiving marketing emails or text messages from us: If you no longer want to receive marketing emails or text messages from us, you may opt out of receiving them by following the instructions contained in each such email or text message. If you opt out, we may still send you important administrative messages.
We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out as described above, we may not be able to remove your Personal Information from the databases of our affiliates.
How you can access, change or suppress your Personal Information
If you would like to review, correct, update, suppress, delete or otherwise limit our use of the Personal Information you have provided to us, you may access your online profile and other personal details through the Sites, so that you can update them yourself. You can also do it by contact us by writing to email@example.com.
In your request, please make clear what information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. We will try to comply with your request as soon as reasonably practicable. For your protection, we may only implement requests with respect to the Personal Information associated with the email address you use to send us your request, and we may need to verify your identity before implementing your request.
Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to your request. There may also be residual information that will remain within our databases and other records, which will not be removed.
USE OF THE SITE BY CHILDREN
We are committed to protecting children's privacy. Our Sites are not intended for children under 13 years of age and no one under age 13 may provide any Personal Information on the Sites. We do not knowingly collect Personal Information from children under 13. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org and provide us sufficient detail to investigate the matter and take corrective action. For more information about the Children's Online Privacy Protection Act (COPPA), visit the FTC website: www.ftc.gov.
We ask parents to regularly monitor and supervise their children’s online activities.
The Sites are controlled and operated by us from the United States and arenot intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.
Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and, by using the Sites, you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.
We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health or criminal background) Ion or through the Sites or otherwise to us.
Our mailing address:
1429 Walnut Street, 9th Floor, Philadelphia, PA, 19125
You have the right to request information from us about your information that we collect. You have the right to object to any processing of your data beyond that necessary to facilitate a purchase or refund transaction, or a product recall. You have the right to object to our use of your information in our direct marketing efforts. You have the right to correct or update your information. If we have your information by virtue of your consent, you have the right to withdraw consent. You have the right to request that your information not be sold.
California Privacy Rights
AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83:
A California resident who has provided personal data to a business with whom he/she has established a business relationship for personal, family, or household purposes (a "California customer") may request information about whether the business has disclosed personal data to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal data, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed. Information on how to submit a request or, if applicable, opt out of our sharing of your personal data with third parties for those parties' direct marketing purposes is provided herein.
In addition to the above provisions, these supplemental disclosures are provided pursuant to the California Consumer Privacy Act (CCPA):
The CCPA grants California residents the following rights.
- Information. You can request information about how we collected, used and shared your Personal Information through our Sites during the past 12 months.
- Access. You can request a copy of the Personal Information that we maintain about you.
- Deletion. You can ask to delete the Personal Information that we maintain about you.
- Opt-out of sale of your Personal Information. While we do sell Personal Information, we provide instructions on how to limit online tracking.
Please note that the CCPA limits these rights by, for example, prohibiting businesses from providing certain sensitive information in response to an access request and limiting the circumstances in which they must comply with a deletion request.
You are entitled to exercise the rights described above free from discrimination.
If you wish to request, access or have us delete your Personal Information, please contact us at email@example.com.
1. The Personal Information that we disclose about consumers fall into the following categories, depending on which of our services you utilize:
- Personal Information: name, address, email address, IP address, phone numbers, business name, address, credit card number (if, for example, if we use a third party payment processor); age, gender, weight, height, or other protected classifications (if you participate in a survey and if such information is provided to us).
- Product or service information.
- Internet or network activity information.
- Location data.
2. We have not sold, and do not sell your Personal Information.
3. We will not discriminate against you for exercising your rights under the CCPA.
honeygrow Reward Program Terms
LAST UPDATED: 10/12/2021
Honeygrow offers a rewards program (“Rewards”, “program” or “Rewards Program”) under the name honeygrow Rewards, to reward and thank our loyal customers. The Rewards Program is available to enrolled members at participating honeygrow restaurants in the United States. Rewards accumulated under the Rewards Program are promotional and have no cash value.
These terms apply to the program (“Rewards Terms”) and are intended to supplement the honeygrow terms https://www.honeygrow.com/privacy-policy-and-terms-of-service/, which are incorporated by reference, and which include the Arbitration Agreement, Jury Trial and Class Action Waiver, for online services. These Rewards Terms apply only if you participate in the program.
You understand and agree that you have agreed to the online services terms by registering and logging into your online services account. In the event of a conflict between the Rewards Program terms and online services terms, the Rewards Program terms will control as to the program itself. In the event of any other conflict between the Rewards Program terms and the online services terms, the online services terms will control.
1. EligibilityAnd Enrollment: To enroll in the Rewards Program, you must register an online services account (“Rewards Account”) and agree to participate in the program. Customers who registered a Rewards Account prior to the launch of the Rewards Program may enroll in the program after the launch by logging into the online services on or after the launch of the program.
You may enroll in the Rewards Program if you: (1) are a legal resident of the United States; (2) at least 13 years of age at the time you enroll; (3) have an active, valid e-mail address; and (4) are a human being. No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program.
The Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only the Rewards Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.
Your Rewards Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one (1) Rewards Account.
As a part of the Rewards Program, we will send you transactional, informational, and promotional messages and/or offers via text message, phone and/or email. These communications may happen in the form of push notifications through the App, email, and/or any other ways you may have selected when you enrolled in the Rewards Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences.
2. How to Earn Rewards or Points:Once enrolled in the Rewards Program, you will earn 1 point for every $1 U.S dollar spent on qualifying purchases at participating restaurants and/or using the App or online services. You can identify your Rewards Account at the time of purchase by: (a) making a purchase using the App, (b) scanning the bar code on the receipt from your purchase with the built in scanner in the App or (c) uploading a photo of your receipt within 24 hours of your purchase. You will not earn a Points towards an earned Reward if you spend less than a total of $1.00 in one transaction at a participating restaurant. Further, you may only earn Points once per 4 hour period meaning that you will only be eligible for one points qualifying purchase per visit regardless of the number of transactions you make during that visit.
3. Qualifying Purchases.
A “qualifying purchase” means using the online services to purchase eligible products from a participating restaurant in a manner that properly identifies you as described above.
To receive Points for a qualified purchase, scan the bar code on the receipt or use a QR code scanner at the register from your purchase with the built in scanner in the App or upload a photo of your receipt within 24 hours of your purchase to verify the minimum purchase requirement of $1.00. After this verification, the Points to which you are entitled will be applied to your Rewards Account. You can track the Points and Rewards you have already earned and that you may earn in the future by logging into your Rewards Account History.
Once you earn a Reward, you may start accumulating Points towards another Reward. You may only redeem one Reward per visit regardless of the number of Rewards you have earned in your Rewards Account. A Reward may not be combined with any other offer or coupon. Points and Rewards are valid for 365 days.
Need to add information if members can earn [Punches/Visits] through participation in member surveys, feedback or participating in certain games offered by the Company.]
$1 spent = 1 point. Once you get to 25 points, you can redeem a free fountain drink or bubbler. Once you get to 75 points, you can redeem a free brownie. Once you get to 125 points, you can redeem a free stir-fry or salad (value up to $13.00).
3. Social Media Sharing:
You can also share your honeygrow experience on your personal Facebook page through the App. You have the option to make your comment public, but please note that by making your comment public, we may use your comment on the honeygrow website, Facebook page, and/or other social media outlets.
Further, the following are not considered qualifying purchases and will not accrue points: (a) taxes, bag and bottle fees, and other surcharges or fees, (b) loading any money on a gift card, but when a gift card is used to make a qualifying purchase you will accrue points and (c) catering purchases.
4. Point/Rewards Expiration.
Rewards expire on the 1st day of the month after the 12th month from the date the points were earned. Rewards will be maintained in your online services account until you exchange your points for a reward, or until they expire, whichever occurs first. If we terminate the Rewards Program, any unused Rewards in your account will expire and be void when the program is terminated. Upon termination of your online services account for any reason (including, but not limited to, whether you close your account or we terminate your account for a violation of these terms), all Rewards that you have accumulated in your Rewards Account will immediately expire.
5. Additional Rewards Program Terms: Wereserve the right to terminate your Rewards Account and/or your participation in the Rewards Program if we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Wemay, in its sole discretion, suspend, cancel, or combine Rewards Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Rewards Program. We also reserve the right to “unregister” and make ineligible for the Rewards Program any Rewards Account that has been inactive for 365 Days. Inactive is defined as no Rewards earned.
We have the right at any time, with or without giving you prior notice, to:
- end or cancel the Rewards Program and/or any specific Reward;
- change any Reward or other Rewards Program benefit we offer;
- change the requirements for earning a particular Reward;
- change the time you have in which to earn a particular Reward; and/or
- change any other feature of the Rewards Program.
6. Exchanging / Redeeming Your Rewards.
If you have enough points, you can exchange or redeem your points for products on the honeygrow Rewards Menu, which you can then use at participating restaurants, on the App or through our online services. You must use the App or other online services in order to exchange or redeem the points. If you have enough points for a Reward, the Reward will be unlocked in the online services and available for an exchange or redemption. Once you select a Reward and exchange or redeem it, the number of points for that Reward will be deducted from your account and the balance of Rewards will be displayed in your account.
7. Your Compliance With The Terms.
We may, in our complete discretion, invalidate or void points from your online services account, or suspend or terminate your account, if we believe you improperly obtained [points/rewards], or otherwise violated these terms. In that event, you shall forfeit any points you have accumulated (including properly obtained points) and you forfeit your right to earn points in the future. We have the sole discretion to determine your compliance with these terms.
8. No Rights In Or Cash For Points/Rewards.
Rewards and points have no cash value and may not be redeemed or exchanged for cash. Rewards and points are not assignable or transferrable, and cannot be combined, regardless of who registered the account.
9. Changes to Rewards.
Rewards can change from time to time. Therefore, we ask you to refer to these terms periodically, for updates. We also reserve the right in our sole discretion, to cancel, change, modify or discontinue [the Rewards Program], in whole or in part, including any terms relating thereto, with or without prior notice.
Rewards and points offered through the Rewards Program are subject to availability.
If you have additional questions or comments, please contact us at firstname.lastname@example.org, 1429 Walnut Street, 9th Floor, Philadelphia, PA, 19102.