Privacy Policy

This Privacy Policy (“Policy”) affirms Mandarin Restaurant Franchise Corporation’s (“Mandarin”) strong commitment to maintaining the privacy of its customers, franchisees (existing and potential), suppliers, personnel and others and to inform these individuals of its practices concerning the collection, use and disclosure of personal information (i.e. information about an identifiable individual) provided to Mandarin.

The purpose of this Policy is to establish, in accordance with the Personal Information Protection and Electronic Documents Act (Canada) and any other applicable privacy laws, rules to govern the collection, use and disclosure of personal information in a manner that recognizes individuals’ right to privacy with respect to their personal information and Mandarin’s need to collect, use and/or disclose personal information both on and off-line for purposes related to its business operations. Such purposes are more particularly described below. This Policy also governs the use of Mandarin’s website located at https://mandarinrestaurant.com (the “Site”). Use of the Site constitutes acceptance of this Policy. If the terms of the Policy are unacceptable, visitors should not provide any personal information through the Site.

Mandarin recognizes its responsibility for personal information under its custody and control, and has designated a Privacy Officer to oversee the collection, use and disclosure of personal information within the organization, and to ensure compliance with applicable laws. Any questions, complaints or inquiries regarding this Policy and related practices should be directed to the Privacy Officer by mail at Mandarin Restaurant Franchise Corporation, 8 Clipper Court, Brampton, Ontario L6W 4T9, or by email at hr@mandarinrestaurant.com.

COLLECTION

Mandarin collects personal information in a number of circumstances in the course of its business, including through the Site. Personal information collected may include names, addresses, email addresses, telephone numbers, ages/age ranges, occupations, payment information such as debt or credit card information (the collection of this type of information is more particularly described below, under the heading ‘Security & Payment’), and other personal information collected with individuals’ consent and/or as permitted or required by law. The collection of personal information will be limited to that which is necessary for the purposes identified by Mandarin below.

USE & PURPOSES

To the extent any personal information is collected, the purposes for such collection will be clearly identified by Mandarin herein and/or at the time the information is gathered. In general, personal information is collected from Mandarin’s customers, franchisees and suppliers for the following purposes:

• To identify and address demands and needs of Mandarin’s customers, and to develop product offerings to suit customer preferences (including without limitation through Mandarin’s Taste Testing application forms, and survey and comment cards).
• To process customers’ purchases of, or requests for, products and services (including without limitation to take reservations and process take-out or delivery orders).
• To provide notice of and facilitate operation of promotions and advertising campaigns, including contests, sweepstakes and/or other promotional activities (e.g. Mandarin’s Birthday program, Business Card program, Passport to China program, etc.).
• To create awareness of Mandarin’s products and services that may be of interest to customers.
• To maintain, improve, and analyze the Site, advertisements, and the products and services offered.
• To ensure the security of Mandarin’s business operations, including the Site.
• To respond to specific inquiries.
• To review and assess applications for employment and franchise opportunities.
• To manage and promote Mandarin’s franchise operations, including identifying and addressing demands and needs of franchisees.
• To comply with legal and regulatory requirements.

If personal information has been collected, and is to be used for a purpose not previously identified, Mandarin will identify the new purpose before the information is used. Unless the new purpose is required by law, consent will be obtained prior to use of the information.

Personal information will be retained only as long as necessary for the fulfillment of the applicable purpose(s) or as required by law.

DISCLOSURE

Mandarin may disclose personal information to the following entities in the course of its business:

• Affiliates: Mandarin may share personal information with any of its affiliated companies for the purpose of providing services as requested.
• Service Providers: Mandarin may share personal information with third parties providing services on its behalf, such as suppliers, services related to the Site (e.g. the Payment Partner, further described below) and advertising agencies. Service providers only have access to the information necessary to perform their designated functions, and are not authorized to use the information for purposes which are not disclosed herein or for their own purposes.
• Legal: Mandarin may share personal information to courts, law enforcement agencies and other government bodies when required or permitted by law, or as necessary to protect its shareholders and services.
• Business Transaction: Mandarin may transfer any and all personal information to a third party as required by a reorganization, merger or sale, with prior consent if and as required under applicable privacy laws.
• With Individuals’ Consent: Mandarin may share personal information with any other third parties with prior consent.

CONSENT

Unless it is not required or prohibited under applicable laws, before the collection, use and disclosure of personal information, Mandarin will advise the individual(s) of the purpose(s) for which the information will be used and obtain the requisite consent. Consent may be express or implied. Mandarin will obtain individuals’ explicit consent if the personal information at issue is sensitive information.

Mandarin will not, as a condition of the supply of a product or service, require an individual to consent to the collection, use or disclosure of personal information beyond what is required to fulfill the specified purpose(s).

An individual may withdraw consent in whole or in part and at any time, subject to legal or contractual restrictions and reasonable notice to Mandarin, by contacting Mandarin’s Privacy Officer as provided for above. Mandarin will inform the individual of the implications of such withdrawal.

If an individual has consented to receiving promotional materials by email from Mandarin and would like to opt out, an unsubscribe link is available at the bottom of each electronic communication.

ACCURACY

Mandarin will take care to ensure that personal information is as accurate, complete, and up-to-date as is necessary for the purposes for which it is used. Individuals may contact Mandarin at any time to request that Mandarin make any necessary changes to their personal information to ensure that it is accurate, complete and kept up to date. Individuals are entitled to have such personal information corrected, deleted or supplemented where it can be demonstrated that the information is inaccurate or incomplete. Individual may exercise any of these rights by contacting Mandarin’s Privacy Officer as provided for above. Mandarin will respond to an individual’s request within a reasonable time period and always under the timeframes set forth by applicable laws.

SECURITY & PAYMENTS

Mandarin will take reasonable steps to establish and implement physical, organizational and technological security measures to protect the personal information against loss or theft, as well as unauthorized access, disclosure, use or modification. That being said, the Internet is not completely secure. Mandarin cannot guarantee the security of personal information transmitted through the Site or by email. Any transmission is at the individual’s own risk. Mandarin will however promptly notify individuals whose personal information is impacted by a privacy breach that could reasonably result in a real risk of significant harm to such individuals. Mandarin will also report any such privacy breach to the authorities as required by applicable laws (including, without limitation, the Office of the Privacy Commissioner of Canada), and keep a record of any such privacy breach to the extent required by applicable laws.

By submitting their debit or credit card information through the Site, individuals consent to the sharing of this information with Mandarin’s authorized third party payment service provider, Uber Eats, SkipTheDishes, DoorDash (“Payment Partner”). This Payment Partner will collect, store, and process such debit or credit card and other payment information on Mandarin’s behalf using industry-standard security measures. Mandarin does not store any payment and/or debit or credit card information, unless such information is collected in person or over the telephone from individuals placing orders for take-out or delivery. In this limited case, Mandarin collects, stores and processes such information to complete the applicable transaction(s), and continues to store such information for ease of reference for individuals that wish to place take-out or delivery orders in the future and have consented to such storage. Mandarin’s Payment Partner may store payment and/or credit information. Mandarin assumes no responsibility or liability whatsoever with respect to individuals’ credit information in the event of a breach of confidentiality or security concerning the Payment Partner.

COOKIES AND OTHER TECHNOLOGIES

Mandarin uses popular information gathering tools, such as cookies, Internet tags or web beacons, and navigational data to automatically collect information (which may contain personal information) from individuals’ devices when they use the Site and/or interact with electronic communications and online advertisements.

Cookies are small text files that the Site sends to an individual’s browser, which collect and provide information to Mandarin about the individual’s general Internet usage, such as recognizing repeat visitors and allowing Mandarin to understand how and when pages are visited. They can also help to ensure that advertisements individuals see online are more relevant to them and their interests, and generally improve their user experience.

Mandarin uses both session-based and persistent cookies. Session cookies exist only during one session and disappear from a device when the browser software is closed or the device is turned off. Persistent cookies remain on a device after a browser is closed or the device is turned off. Web beacons may be placed in electronic communications that notify Mandarin when an individual clicks on a link that directs the individual to the Site. This type of tracking technology is used to operate and improve the Site and Mandarin’s electronic communications, and track the clicking of links or opening of emails.

Mandarin may use its own technology and/or third party technology to track and analyze usage and volume statistical information to provide enhanced interactions through the Site. For example, Mandarin uses Google Analytics, which uses cookies to help analyze how the Site is used, including the number of visitors, the websites visitors have come from, and the pages they visit. To opt out of data collection by Google Analytics, individuals may download and install the browser add-on available here.

Mandarin also uses cookies to show individuals advertisements for its products that it thinks may interest them, to track their performance and to track the performance of its advertisements. Cookies in this case might collect and remember information like which browsers visit the Site. For example, Mandarin uses Google AdWords to record the sales performance of its advertising campaigns, and to create an audience to retarget with advertisements. Such information may be provided to third parties but excludes personal information. To opt out of data collection by Google AdWords, individuals may download and install the browser add-on available here.

Individuals can control the use of cookies at the individual browser level, but choosing to disable certain cookies may limit usage of certain features or functions on the Site. Mandarin will require individuals to opt in to allow certain types of cookies (i.e. cookies that are tied to an IP address, device ID or other persistent identifiers) in order to comply with applicable laws. Individuals may always opt out of the use of cookies here.

LINKS TO OTHER WEBSITES

The Site may contain links or references to external websites which are owned or operated by third parties. These third parties have their own privacy policies and Mandarin recommends that individuals review and consider them when using these external websites. Mandarin does not accept any liability or responsibility in terms of the privacy and security practices of these third party organizations and/or their websites.

CHILDREN’S PRIVACY

Mandarin does not knowingly collect any personal information from children under the age of 13 without consent from a parent or legal guardian. In the event that Mandarin learns that a child under the age of 13 has provided personal information without consent, Mandarin will delete it in accordance with applicable law.

PRIVACY POLICY REVISIONS

This Policy may be revised from time to time, and Mandarin reserves the right in its sole discretion to do so. Mandarin will notify individuals of changes by posting the Policy on the Site along with the effective date of such change(s), or by other appropriate means. If these changes are significant in nature, for example if Mandarin indicates a new purpose for which it collects, uses and discloses personal information, Mandarin will notify individuals in advance. Continued provision of personal information or use of services (including the Site) following such changes indicates acceptance of the revised Policy. This Policy is effective as of April 1, 2019.

April, 2019