Welcome and thank you for your interest in NexTable, Inc. (“NexTable“). NexTable allows users to make online reservations at Restaurants through its website or NexTable Apps located at located at www.nextable.com and other affiliated websites owned and operated by NexTable (the Site, and any products and services provided by NexTable, collectively referred to as the “Service”). NexTable respects your privacy, and this Privacy Policy is designed to help you understand how we collect, use, and disclose your personal information, and help you make informed decisions when using the Service. By using the Service, you are accepting the practices described in this Privacy Policy. If you have questions or concerns regarding this Privacy Policy, you should first contact us atprivacy@nextable.com. This Privacy Policy is incorporated into, and made a part of, the NexTable Terms of Use, available here, and capitalized terms used and not defined in this policy have the meaning given to them in the Terms.

 

1. The NexTable System. NexTable provides the Service to enable you to make online reservations at participating third-party restaurants (“Restaurants“). The Service is used in place of traditional reservation books, and enables you to find available tables and change or cancel reservations online, without having to call or contact the Restaurant in question. NexTable will share your name and phone number (and email address, if you have provided it) with the Restaurant to facilitate your reservation, but will not share any other information about you or your Reservations with the Restaurant. However, if the Restaurant shares corporate ownership with other restaurants, your information may be available to all the restaurants that share the same corporate owner. Similarly, the Restaurant may store personal information such as your credit card number, loyalty card information, or dietary preferences, and such information will not be made available to us through the Service. In some instances, Restaurants may operate their own online websites for reservations which may collect additional personal information from you at the time you make your reservation. If such websites are linked to the Service, the only personal information that we will receive regarding your reservation is your name, phone number, and email address. In addition to making online reservations through our Site, you may also make reservations through our affiliate Sites. Any reservation(s) made in such manner will be treated as if the reservation(s) had been made directly through our Site.

1. The Information NexTable Collects:

• User-provided Information. You may provide to NexTable what is generally called “personally identifiable” information (such as your name, email address, or telephone number) when using the Service, such as when you make a reservation using the Service, register for the Service, submit reviews or other User Content for the Site, speak with one of our representatives, or contact us for customer service or other purposes. We do not require an email address to use the Service, but if you do not do so, you will not be able to receive any information about your reservation or any communications from NexTable. We may also ask for additional information about your dining preferences, including any food allergies or user preferences, to ensure that your dining experience at Restaurants through our service is a favorable one.
• Service Information. When you use the Service, we may collect information related to the Service in order to provide more personalized service to you. For example, we may monitor the times that you typically like to eat, how many times you have been to a specific Restaurant, what type of cuisines you prefer, or the general geographical area that Restaurants that you frequent are located in. If we combine or associate information from other sources with personally identifiable information that we collect through the Site, we will treat the combined information as personally identifiable information in accordance with this Privacy Policy.
• Invitation Service. If you choose to use our invitation service to tell a friend about the Service, we may ask you for information needed to send the invitation, such as your friend’s email address or phone number. We will automatically send your friend a one-time email inviting him or her to try the Service. By providing email addresses or contact information of non-users, your represent and warrant that you have the right to provide such information to NexTable. We store this information to send this one-time invitation, to register a friend connection if your invitation is accepted, and to track the success of our referral program. Your friend may contact us at support@nextable.com to request that we remove their information from our database.
• Notification Service. At the completion of the registration process, we also request that you provide the email addresses, phone numbers, and potential food preferences of any of your guests. This information is strictly optional. By providing any such information, you represent and warrant that you have the right to disclose such information to NexTable. We use this information to notify your guest about the upcoming reservation and also provide the Restaurant with accurate information about the dietary restrictions of the guest. Your guest may contact us at support@nextable.com to request that we remove their information from our database.
• Credit Card Information. In some instances, Restaurants may require that you provide a credit card number in order to secure your reservation or as a deposit for a special event, during holidays, or for large parties. If this information is required, we will use such information and transmit it in an encrypted manner to the Restaurant. With your consent, your credit card information may be stored to make subsequent transactions easier. We take certain precautions to protect our users’ credit card information and to limit the risk that it will be accessed without authorization, including the use of certain industry standard technologies and practices as described in the Section entitled “Our Commitment to Data Security” below.
• Information from our Affiliate Sites. In addition to making reservations through our Site, you may also make reservations through our affiliate Sites. We will receive any information you provide to us as part of the reservation made through our affiliate Site, including details regarding the reservation, your contact information, and any other information you provide to the affiliate Site.
• “Cookies” Information. When you use the Site, we may send one or more cookies – small text files containing a string of alphanumeric characters – to your computer. NexTable may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed. Please review your web browser “Help” file to learn the proper way to modify your cookie settings. Please note that if you delete, or choose not to accept cookies from the Site, you may not be able to utilize the features of the Site to their fullest potential.
• “Automatically Collected” Information. When you use the Site or open one of our HTML emails, we may automatically record certain information from your web browser by using different types of technology, including “clear gifs” or “web beacons.” This “automatically collected” information may include the Internet Protocol address (“IP Address”) or other device address or ID, web browser and/or device type, the web pages or Sites that you visit just before or just after the Site, the pages you view on the Site, and the dates and times that you visit the Site.
• Information from Restaurants. We may also obtain information relating to your dining experiences from Restaurants that you may visit through the Service. We do this so that we may continually improve the quality of the Service we are providing to you. For example a Restaurant may let us know of a specific food allergy that you inform them about or if they have identified you as a ‘VIP’. We use that information for internal purposes and may disclose that information to other Restaurants that you make reservations with so that those Restaurants may provide you with a better dining experience.
• Location-based Features. NexTable may customize your experience on the Service by using your location, for example to allow you to automatically check in on Foursquare or Yelp (or other similar services) when you are seated at a Restaurant. NexTable only receives information about your location on an opt-in basis. If you choose to enable Location-based Features, we may collect your location based on information provided by you or available from your web browser or mobile device, including, if available, GPS, IP Address or cell tower information. If you choose to disable Location-based Features, you will not be able to utilize certain features of the Service.

1. When NexTable Discloses Information to Restaurants

• As part of the Service, NexTable will disclose your personal information to Restaurants in order to facilitate the operation of the Service and allow the Restaurants to improve the level of service that they offer to you.
• To facilitate your reservation, NexTable will disclose your name and phone number to the Restaurant at which you have made your reservation. We do this to enable the Restaurant to confirm that the reservation has been made and to contact you with any problems regarding your reservation. You may opt to provide your email address to Restaurants, in which case you consent to receive emails from that Restaurant. NexTable will also provide any reservation-specific information that you have provided to NexTable with the Restaurant, such dietary restrictions, allergies, specific seating preferences, as if the reservation is for a special occasion, or any other information associated with your reservation.
• For each reservation, NexTable will only share information from the Service about your particular reservation or past reservations with the Restaurant in question, except in limited circumstances as described below. If you have made multiple reservations through the Service with a particular Restaurant or have visited the Restaurant multiple times in the past, that information may be disclosed the Restaurant in addition to your personal information for the current registration. NexTable may also make limited disclosure of information about your dining preferences to Restaurants to enable them to improve the level of service they are providing to you. For example, NexTable may provide a Restaurant with information about a specific food allergy that you have identified through a previous reservation or if a previous Restaurant has identified you as a ‘VIP’.
• The Service may currently or in the future enable you to post Restaurant reviews or comments about a Restaurant (“Review(s)“) to the Site, including asking you whether you would return to the Restaurant in the future. Such Reviews are entirely optional. If you decide to write such a Review, NexTable may provide the Review and your contact information to the Restaurant in order to allow them to contact you and rectify any situations that may have resulted in a negative review.
• NexTable may also disclose information that we have collected about our users through the Service to Restaurants in an aggregate, non-personally identifiable manner. This information may include information derived from our data analytics and is used to allow the Restaurants to improve their service to you. Any information disclosed in such manner cannot be used to identify or contact you.

1. When NexTable Discloses Information to non-Restaurants:

• NexTable is not in the business of selling your information, and we take your privacy very seriously. In the course of providing the Service to you and other users, we make limited disclosures of your information to others for a variety of purposes.
• The Service may currently or in the future offer features designed to help you share information with others, including in whole or in part based on your location or through Social Networking Sites. These features are strictly offered on an “opt-in” basis and no disclosure of such information will be made without your consent. For example, you may automatically check in on Foursquare or Around Me (or similar services) when you are seated at a Restaurant or automatically tweet or post on a Social Networking Site when you create a reservation or finish a meal at a Restaurant. If you use such features, we may disclose the contents of your message, any user information that you have provided to us for the Social Networking Site, and your location (if applicable) to the Social Networking Site. Once you make your personal information available to others in this manner, NexTable cannot control how it is collected, used, and disclosed by the recipients. If you choose to use features on the Service that allow you to publish or syndicate information to Social Networking Site, use and disclosure of any information you choose to disclose in this manner will be subject to such the privacy policies of the Social Networking Site.
• NexTable works with third party service providers to provide development, website hosting and maintenance as well as other services for us, including the processing of fees for specialized dining experiences by credit card, mobile payments, or online payment options such as Paypal or Google Checkout. NexTable itself does not store or maintain your credit card information in its servers. In the course of performing services for NexTable, these service providers may have access to or process your personally identifiable information. Generally, these disclosures are made under terms comparable to this Privacy Policy, and the recipients are limited to using the information the purpose for which it was provided.
• NexTable may also share automatically collected and other non-personally identifiable information in an aggregate form (such as user trends, application downloads, and demographic information) with a variety of third parties, including our affiliates, advertisers, publishers, and other current and prospective investors or business partners. This information may be used to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Service.
• NexTable may also disclose your information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law), respond to a court order, judicial or other government subpoena, or warrant, or to otherwise cooperate with law enforcement activity.
• NexTable also reserves the right to disclose your information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect NexTable and others from fraudulent, abusive, or unlawful uses or activity; to investigate and defend ourselves against any third party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Site; or to protect the rights, property, or personal safety of NexTable, our you, or others.

1. How Restaurants May Use Your Information:

• Restaurants may use your name and phone number to confirm that your reservation has been made and to contact you with any problems regarding your reservation. If you have consented to any sharing of any additional information, such as a special event or birthday, that information will also be made available to them to facilitate the desired reservation.
• If you agree to provide your email address to the Restaurant, they may use your email address to contact you regarding your reservation or for any special offers or additional communications. Your email address will not be provided to the Restaurant unless you have agreed to do so. NexTable does not monitor or have access to any communications that a Restaurant may send to you other than your Reservation, so please contact the Restaurant if you no longer desire to receive their marketing communications.
• In order to provide the best service to you, the Restaurant may also use and store any additional personal information that you provide to them through your communications with them or at the Restaurant. For example, the Restaurant may store and use any personal information that you disclose to them including your dietary restrictions, allergies, information about people you dine with, birthdays and other important dates, or specific dining preferences, that allow them to provide an improved dining service for you. This information may be stored by the Restaurant on the Service and may be disclosed to NexTable, as described above.
• Restaurants may use your credit card information to facilitate transactions or as required by their policies to secure a reservation or as a deposit for a special event, during holidays, or for large parties. If you provide your credit card information to the Restaurant as required to complete a reservation, the information will be provided directly to our third party credit card processor, and NexTable and the Restaurant will not have access to and will not store or maintain your credit card information on our servers. In some instances, Restaurants may place a charge on your credit card when you make your reservation to guarantee your reservation.
• While NexTable requires that all Restaurants comply with applicable laws on the use of personal information and their privacy policy (if applicable), the Restaurants are separate businesses from NexTable and NexTable cannot be held responsible for their use of personal information. Once you make your personal information available to a Restaurant, NexTable cannot control how your personal information is collected, used, and disclosed by the Restaurant. Any questions regarding a Restaurant’s collection, use, or disclosure of your personal information should be directed to the Restaurant.

1. The Way NexTable Uses Information:

• NexTable uses the information you provide or that we collect to operate, maintain, enhance, and provide all of the features and services found on the Service. We will use your phone number and email address to contact you for administrative purposes, for customer service purposes, to address intellectual property infringement, rights of privacy, or defamation issues, regarding User Content that you have posted to the Service, or to comply with laws and regulations related to purchases made by you through the Service. You may not opt out of such communications. We may also use your phone number and email address to send you messages about reservations, reminders, recommendations, or other alerts that you have signed up for, or let you know about promotional offers for the Service, marketing communications, or for other NexTable or third party products and services that you may be interested in. You may configure the nature and frequency of these messages or opt out of such messages through the Service.
• NexTable may also use the information that you provide us or that we collect in order to personalize the Service for you. For example, if you have opted in to use Location-Based Features, we may use that information to provide you with Restaurant recommendations in your immediate vicinity. If you have indicated a specific preference for a type of cuisine, we may emphasize our listings of Restaurants for that specific type of cuisine to better account for your preferences.
• NexTable uses all of the information that you provide or that we collect and/or aggregate to understand and analyze the usage trends, interests, and preferences of our users, including providing you with Restaurant recommendations based on past reservations you have made, to improve the way the Service works and looks, and to create new features and functionality.

1. Third Party Advertising: Advertisements that may appear on the Site or Service are sometimes delivered (or “served”) directly to users by third party advertisers. They automatically receive your IP address or device ID when this happens. Third party advertisers may also use other technologies (such as cookies, JavaScript, or web beacons) to measure the effectiveness of their advertisements and to personalize their advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. Third party advertisers have no access to your contact information. NexTable does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks NexTable to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they were trying to reach. You should consult the respective privacy policies of these third-party ad servers or ad networks. The Privacy Policy of NexTable does not apply to, and we cannot control the activities of, such other advertisers or websites.

1. Third Party Services: The Site may contain link to websites and services provided by third parties, such as links to Restaurant websites. Any information you provide to third party sites or services is provided directly to that third party and is subject to that third party’s policies governing privacy and security. We are not responsible for the content or privacy and security practices and policies of third party sites or services to which links are displayed on the site. We encourage you to learn about third parties’ privacy and security policies before providing them with personally identifiable information.

 

1. Your Choices: You may, of course, decline to share certain personally identifiable information with NexTable, in which case NexTable may not be able to provide to you some of the features and functionality found on the Service. You may modify or delete certain profile information at any time by logging into your account on a computer and clicking the “My Settings Tab”. Information will be updated promptly in active user databases. Individuals who wish to deactivate their NexTable account may do so by emailing us at privacy@nextable.com. Removed information may persist in backup copies for a reasonable period of time but will not be generally available to other you. Further, even after removal, copies of User Content may remain viewable in cached and archived form or if other you have copied or stored your User Content. If you have provided any information directly to a Restaurant that has been stored in an online application, this information will continue to be accessible by the Restaurant even after you delete your account, in a similar manner as an information stored in a ‘pen and paper’ guestbook would. Where you make use of the communication features of the Service to share information with other individuals on NexTable or make information publicly available, however, (e.g., providing a restaurant review to us) you generally cannot remove such communications. To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF ANY APPLICABLE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.

1. Our Commitment to Data Security: NexTable takes certain precautions to protect our users’ information and to limit the risk that it will be accessed without authorization, including use of certain industry standard technologies and practices. We cannot, however, ensure or warrant the security of any information you transmit to NexTable, and you do so at your own risk. If NexTable learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. NexTable may post a notice through the Service if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach, or if you have any questions about the security of NexTable applications, please contact us at privacy@nextable.com.

 

1. International Visitors: The Service currently only works with Restaurants in the United States. If you use the Service from countries outside the United States, please note that your personally identifiable information may be transferred to the United States. By using the Service, you consent to having your personally identifiable information transferred to and processed in the United Sates.

 

1. In the Event of Merger or Sale: While we are not in the business of selling personal information, in the event that all or a portion of NexTable or its assets is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information that we have collected from visitors to the Site, including personally identifiable information, in connection with such merger, acquisition, sale, reorganization, recapitalization, or other change of control.

 

1. Changes and Updates to this Privacy Policy: Please revisit this page periodically to stay aware of any changes, as NexTable may periodically change, modify, add, or remove portions of this Privacy Policy, and reserves the right to do so in its sole discretion. If we do, we will post those changes on this page and indicate the new effective date so that you are always aware of what information we collect and how we use it. In general, we only use your personal information in the manner described in the Privacy Policy in effect when we received that personal information.

 

1. Contacting NexTable. Any improper collection or misuse of information provided by the Service is a violation of the Terms of Use and should be reported to privacy@nextable.com. If you have any questions about this Privacy Policy, please contact us atprivacy@nextable.com. You may also contact us by mail at: