Privacy, Terms & Conditions

Welcome to the website of The Second Cup Café (Branch of Binhendi Enterprises LLC)

Privacy Statement

The Second Cup Cafe (‘Second Cup’) recognizes your right to privacy and is strongly committed to protecting the privacy of all visitors to this website. The intent of this Privacy Policy is to detail our policies and procedures regarding the collection, use or disclosure of Personal Information by Second Cup. This Policy also lets you know what to do if you do not want your Personal Information collected when you visit our website and how you can change or delete information you have already provided us.

Your Consent

By providing your Personal Information to us, you consent to the collection, use and disclosure of your information by Second Cup in accordance with the terms of this Privacy Policy.

If we change our Privacy Policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Any changes to our Privacy Policy will be effective and binding on you immediately following the posting of such changes to this website. You agree to review our Privacy Policy from time to time and agree that any use by you of this website after changes to our Privacy Policy shall constitute your acceptance of all such changes.

This Privacy Policy was last modified on November _______, 2016.

Please also see our website’s Terms of Use for other terms and conditions governing your use of our website, mobile applications and our products and services.

Definitions

“Cookies” means small files sent to your browser from a web server and stored in your computer.

“Personal Information” means personally-identifiable information including, without limitation, your name, street address, telephone number, e-mail address, credit card information and food preferences.

“Information of a Non-Personal Nature” means any non-confidential, non-proprietary information derived from your connection to this website, such as your Internet browser, domain name and referrer link.

Cookies

Second Cup may use Cookies to store and sometimes track information about your use of our website. In addition to improving the general layout of the website, Cookies allow us to customize our website to each visitor’s individual preferences. Although most web browsers automatically accept cookies, you can usually change your browser to prevent you from receiving Cookies or to notify you whenever you are sent a Cookie so that you may decide whether or not to accept it. If you decide not to accept a Cookie, you can still enjoy all of the features of our website; however the performance of some features of the website may be adversely affected.

Information of a Non-Personal Nature

As a general policy, with the exception of IP addresses, no Personal Information is automatically collected from visitors to the Second Cup website. Second Cup may gather and analyze IP addresses and certain Information of a Non-Personal Nature regarding website usage by visitors to the Second Cup website. Such data is used in an aggregate form to assist Second Cup in determining general usage patterns and to administer, diagnose problems with, and fine tune the layout of the Second Cup website. We may share non-personal, summary, or aggregate customer data with partners and other third parties at our discretion.

Collection, Use and Disclosure of Personal Information

Certain Personal Information may be voluntarily and knowingly provided to us by visitors to the Second Cup website. When entering a contest, applying for employment or requesting franchise information, for example, we will ask you for your name, e-mail address, mailing address, telephone number, as well as certain other information.

Second Cup shall collect Personal Information of visitors to the Second Cup website and shall use all commercially reasonable efforts to protect your Personal Information. If you do not want us to have access to your Personal Information, please do not provide it to us. When you do provide your Personal Information, you are authorizing us to use it in accordance with the terms of the Privacy Policy, including your right to limit our use of the Personal Information (see “Who to Contact” below).

Second Cup may use Personal Information to contact you, to process and store the Personal Information so that we are able to better understand you and how we can improve our products and services, for editorial feedback or other purposes, such as to enter you into a contest, respond to a future on-line order or respond by e-mail to an inquiry that you posed on-line. If you choose to participate in our Second Cup Cafe Rewards Program (“Program”), we collect, use, and disclose information relating to your eligible purchases for the purpose of awarding you Points and Rewards in accordance with the terms of the Program. Similarly, if you choose to use our mobile application, we may collect, use, and disclose information regarding your account balance and purchases for the purpose of operating the application, providing you with promotional material, and facilitating your mobile payments, and if applicable, participation in the Program. We may also use your personal information to carry out other purposes that are disclosed to you and to which you consent, or which are required or permitted by applicable law. We may also match your Personal Information that you provide to us on this website to information contained in our delivery database. Your Personal Information may also be used by Second Cup to contact you regarding other products or services, which may be of interest to you (including those that we may offer jointly with other companies).

We will not give, sell, rent, or loan any of your Personal Information to any third party (with the exception of third parties performing functions on our behalf who have an obligation to keep your information completely confidential or a third party who buys our business) unless you have authorized us to do so.

Second Cup reserves the right to access, use, and/or disclose Personal Information where required to comply with applicable laws or lawful government requests or, in Second Cup’s reasonable opinion, to operate the Second Cup website properly and securely, or to protect Second Cup or visitors to this website. We reserve the right to transfer any Personal Information we have about you in the event that we merge with or are acquired by a third party. We may also disclose your Personal Information to third parties if we have reason to believe that disclosing such information is necessary to: (i) conduct investigations of possible breaches of law; (ii) identify, contact, or bring legal action against someone who may be violating an agreement they have with us; or (iii) to protect our rights, safety or property. Lastly, we may disclose your Personal Information for any other purpose to which you consent.

How we Protect Personal Information

The security of your Personal Information is important to us. We protect your Personal Information by maintaining physical, organizational and technological safeguards (appropriate to the sensitivity of such Personal Information) and designed to protect against unauthorized use, disclosure or access. Personal Information may only be accessed by persons within our organization, or our third party service providers, who require such access to carry out the purposes indicated above.

We retain Personal Information that we collect only as long as reasonably necessary to fulfill the purposes for which it was collected or to meet any legal requirements. We have retention standards which meet these requirements. We destroy Personal Information when it is no longer needed for the purposes for which it was collected.

Disclaimer of Warranty

In addition to the provisions of this agreement, browsing this website shall also be subject to the Federal Laws of the United Arab Emirates (UAE), local laws such as but not limited to the Electronic Transactions and E-Commerce Law (Dubai Law No.2 of 2002), Combating Cyber Crimes Law (Federal Law 2 of 2006) Articles 21 and 22 of the Cyber Crime Law, E-transactions and E-commerce (Federal Law No. 1 of 2006) and  Clause 3 of the Privacy of Consumer Information Policy and international conventions to which the UAE is party. Therefore, the website user shall not be entitled to use the logo of Second Cup or the contents of its website, which are subject to intellectual property rights applicable in the UAE and the international conventions made in this regard, without a proper consent from the Second Cup Café (Branch of Binhendi Enterprises LLC), the Master Franchisee of the Brand, who has given the exclusive authority to establish and operate Second Cup stores in the territory of UAE, Saudi Arabia, Bahrain, Qatar, Oman, Egypt, Syria and Jordan, and adopting the proper course of action set for this practice you expressly understand and agree that your use of the site, or any material available through this site, is at your own risk. Neither Binhendi Enterprises LLC nor its employees warrant that the site will be uninterrupted, problem-free, free of omissions, or error-free; nor do they make any warranty as to the results that may be obtained from the use of the site. The content and function of the site are provided to you “as is,” without warranties of any kind, either express or implied.

Amendment

Binhendi Enterprises LLC may amend the terms & conditions of this agreement, provided a notice to this effect shall be displayed on this webpage. Amendments shall take effect once made. Your recurrent browsing of the website, following introduction of those amendments, shall be construed as endorsement of those amendments. You have therefore got to visit this webpage regularly to review the terms & conditions of use.

Required Conduct

You agree to access and use the site only for lawful purposes, and that you are fully aware of all laws, statutes, rules and regulations pertaining to your use of the site. By accessing the site, you agree that you will not:

  1. Use the site to commit a crime or encourage others to engage in any conduct which would constitute a criminal offense or give rise to civil liability;
  2. Post or transmit any discriminatory, libelous, harassing, defamatory, obscene, pornographic, or otherwise unlawful content against any party;
  3. Use the site to impersonate other parties or entities;
  4. Use the site to upload any content that contains a software virus, “Trojan horse” or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the site or the hardware or software of any other person who accesses the site;
  5. Upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or under a contractual relationship;
  6. Alter, damage, or delete any content posted on the site;
  7. Disrupt the normal flow of communication in any way;
  8. Claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or represent;
  9. Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
  10. Post any material that infringes upon or violates the intellectual property rights of another; or
  11. Collect or store personal information about others.

Termination

Binhendi Enterprises LLC may, in its sole discretion, terminate or suspend your access to or use of this site without a prior notice for your violation of these terms and conditions or laws applicable in the UAE, or for other conduct which  Binhendi Enterprises LLC, in its sole discretion, believes is breaching international agreements and conventions or harmful to others. In the event of termination, you will no longer be authorized to access the site, and Binhendi Enterprises LLC will use any means possible to enforce this termination.

Content

Binhendi Enterprises LLC reserves the right to monitor any content that you provide, but shall not be obligated to do so. Although Binhendi Enterprises LLC cannot monitor all postings on the site, we reserve the right (but assume no obligation) to delete, move, or edit any postings that violate these terms and conditions, the laws of the United Arab Emirates, and the international conventions to which the UAE is a party.

Indemnity

You agree to defend the interests of the Binhendi Enterprises LLC with any party, official or otherwise, in connection with any claim, financial or otherwise, arising from any breach by you of any of the terms and conditions of this agreement. Accordingly you will bear all costs, financial or otherwise, resulting from your breach of any of the conditions of this agreement, be it insurance, compensation, fees or any other costs, financial or otherwise. Any settlement made with anybody, official or otherwise, in connection with any breach of the conditions of this agreement shall not be valid and effective, unless with the explicit written consent of the Binhendi Enterprises LLC.

Limitation of Liability

In no event will Binhendi Enterprises LLC be liable for any incidental, indirect, special, punitive, exemplary, or consequential damages, arising out of your use of or inability to use the site, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction, or any other damages.

Jurisdiction

This Privacy Policy is governed by the Federal Laws of the United Arab Emirates (UAE), including but not limited to the Electronic Transactions and E-Commerce Law (Dubai Law No.2 of 2002), Combating Cyber Crimes Law (Federal Law 2 of 2006) Articles 21 and 22 of the Cyber Crime Law, E-transactions and E-commerce (Federal Law No. 1 of 2006) and Clause 3 of the Privacy of Consumer Information Policy.

Severability

If for any reason, any provision in this Privacy Policy is found void or unenforceable, it will be severed to the extent void or unenforceable and the remaining provisions will continue in full force and effect.