August 20, 2015
2. TERMS OF SERVICE – USER AGREEMENT
THE TERMS AND CONDITIONS OF THE TERMS OF SERVICE (the “Terms”) ALSO GOVERN YOUR USE OF BOTH THE SITE AND THE MOBILE APP AND ARE PART OF THE LEGAL AND BINDING AGREEMENT BETWEEN YOU AND NOMSY.
This web site (www.nomsy.co) (the “Site”) and the Nomsy Mobile Application (the “Mobile App”) are operated and made available by Nomsy, LLC. We refer to this organization as “Nomsy,” “we” or “our.”
4. NOMSY IS A GUIDE ONLY
The purpose of Nomsy, LLC, the Site, and the Mobile App is to provide a guide to allergy-friendly restaurants, meals, and businesses. Nomsy does not guarantee that any of the information provided on the Site and/or Mobile App is accurate or complete.
The Site and the Mobile App provide a guide only that is in no way meant to be a replacement for contacting a particular restaurant, business, or user to inquire about the ingredients, policies, and procedures it uses with respect to your unique allergy needs and other issues including intolerance.
Further, Nomsy does not guarantee nor does it confirm that the restaurants and businesses associated with the Site and the Mobile App use adequate processes or other safeguards to prevent cross-contamination of allergens or other food products. Nomsy also does not guarantee nor does it confirm the safety of food items for certain allergies.
6. NOMSY DOES NOT OFFER MEDICAL ADVICE
Nomsy.co and its Mobile App do not offer medical advice. Information provided on this Site and the Mobile App is provided to you for informational purposes ONLY. None of the information provided is intended to diagnose, treat, cure, or prevent any disease. It is not meant to be a substitute for the professional and personal advice provided by your own physician or dietitian.
Always consult your doctor or other qualified healthcare professional if you have any questions about a medical condition, or before taking any drugs or nutritional supplements, changing your diet or commencing or discontinuing any course of treatment.
Never disregard professional medical advice or delay seeking medical attention because of something you read on this website.
Always verify the safety of any food products with respect to your unique allergy(ies) or intolerance(s) by contacting the particular restaurant and/or manufacturer to make sure that the foods are safe for your consumption. It is and remains your responsibility to evaluate the accuracy, completeness, and usefulness of the information provided on the Site.
Statements and opinions expressed on the Site and the Mobile App should be viewed and used cautiously, and should be considered as an opinion of the individuals who expressed them, and not the view, ideas, opinions, or advice of Nomsy. Information and statements provided on the Site and the Mobile App have not been evaluated by the Food and Drug Administration.
7. INFORMATION YOU WILL BE ASKED TO PROVIDE AND INFORMATION COLLECTION
If you are interested in participating in activities on the Site and/or the Mobile App, you may need to provide us with information about yourself. For example, if you become a registered member, you will be asked to provide a user name, your name, an email address and a password of your choice. When registered, you will automatically begin to receive periodic emails from Nomsy. However, you may subsequently choose to unsubscribe by following the steps discussed in the section titled “Email Policy” below. In addition, we may combine personally identifiable information that you have provided to us with other information that is publicly available or that we receive from other reputable sources.
In addition to information you choose to provide to us, we also collect non-personally identifiable information through technology to make both the Site and the Mobile App more interesting and useful to you. For instance, when you come to the Site or the Mobile App, we collect your Internet Protocol (“IP”) address. An IP address is often associated with the portal through which you enter the Internet, like your ISP (Internet service provider). Standing alone, your IP address is not personally identifiable. At times, we also use IP addresses to collect information regarding the frequency with which our visitors visit various parts of the Site. We may combine this information with personally identifiable information that you have provided to us and/or with other information that is publicly available or that we receive from other reputable sources in order to make the Site, the Mobile App, and communications more targeted to your interests.
Please be aware that a cookie cannot spread computer viruses, retrieve any other data from your hard drive, or capture your email address.
You can erase or block cookies from your computer if you wish to do so (your internet browser help screen or manual will thoroughly explain this process), but certain Nomsy services, as well as parts of the Site, may not work correctly or will not work at all if your browser is set not to accept cookies.
All pages within the Nomsy.co site and the Nomsy.co/blog site employ traffic monitoring code that collects data on user activity. This data is then aggregated and analyzed to improve the site’s usability and provide more meaningful content for users. No personally identifiable information is collected.
We may share Site and/or Mobile App usage information about visitors to the Site and/or Mobile App with our web advertising partners for the purpose of managing and targeting advertisements and for market research analysis on theSite. None of this information is personally identifiable information.
8. EMAIL POLICY
By registering for the Site and/or Mobile App, you consent to initially receiving periodic emails from Nomsy. If you would like to unsubscribe from automatically receiving emails from Nomsy, please follow the directions to SafeUnsubscribe at the bottom of any of the emails you receive from Nomsy.
9. PURPOSES AND USE OF PERSONAL INFORMATION
Nomsy may use your personally identifiable information to enhance your experience on the Site and/or the Mobile App, provide you with informational and/or promotional materials that you might find interesting, and for purposes consistent with this policy. In particular, Nomsy may use your personal information for the following purposes:
1. To provide more customized query results;
2. To provide you with information about the services of the Site and the Mobile App;
3. To provide services which Registered Users are entitled to under applicable terms and conditions;
4. To produce aggregate statistical data for the improvement of services offered by the Site and the Mobile App;
6. To provide you with dining coupons and other products and services of the Site and the Mobile App; and
7. For any other purposes related to those above.
10. INFORMATION SHARING AND DISCLOSURE
We take very seriously our responsibility to maintain your privacy with respect to your personally identifiable information. Nomsy will never sell, rent, loan or otherwise distribute any of your personal information (including but not limited to your name, email address, or any other identifiable information about you) to any third party without your prior expressed written consent, except with respect to the following entities, and only in the manner described below.
Nomsy does use aggregate data (based partly on IP addresses of site visitors) collected through its website to analyze website usability, system performance and usage trends. While this data, in its aggregate form only, may be shared with third parties with whom Nomsy works to analyze it, the data will only be shared under the strictest terms of confidentiality and will never contain any personally identifiable information pertaining to any user of the Site or the Mobile App.
If you choose to provide feedback on your dining experience by rating a restaurant and/or providing any feedback in the blog or message board, any feedback you provide may be shared with other diners to enhance information on the Site and the Mobile App and/or with restaurants to let restaurants know how they are doing. Your feedback will not be publicized in a way that is attributable to you by name, email address, or any other identifiable form, with the exception of your user name, unless you choose to provide that information within your feedback itself.
11. VIEWING YOUR PROFILE AND CHANGING YOUR PERSONAL INFORMATION
Once a registered user logs on to the Site and/or the Mobile App, that member can view his or her personal information stored by Nomsy by clicking on the “My Profile” link at the top of the page. Every user may also view and change the following personal information: name, user name, email address, password, address (if it has been provided by the user), and whether that user would like to continue to receive marketing communications from Nomsy. Members can provide and share restaurant comments and feedback about the restaurants affiliated with the the Site and Mobile App. Members at any time may contact Nomsy to request that all personal information be deactivated.
The Site and the Mobile App is founded on the principle that real people rate restaurants based on their own personal experiences. Nomsy does not, in any way, influence, edit or falsify ratings. Further, a restaurant with no ratings does not mean that the restaurant is not reliable or friendly towards your dietary lifestyle, it simply means that the restaurant has not yet been rated.
13. RESTAURANTS AND BUSINESSES IN NOMSY NETWORK
14. HOW NOMSY PROTECTS YOUR REGISTRATION INFORMATION
Nomsy uses a state-of-the-art multi-layer encryption algorithm and makes its best efforts to ensure that all of your user information is secure. In addition, Nomsy stores all of your personal information on a secure server. Nomsy employs a staff that regularly maintains the security of all personal information stored, and that continually monitors and implements changes and improvements that become available in the electronic data security industry.
15. DISCLOSURE AND SUSPENSION OF USE OF PERSONAL INFORMATION
If you wish to have Nomsy disclose to you the personal information held by Nomsy and the means through which Nomsy obtained such information, or if you desire the information's correction, suspension of use, or to be informed of the purpose of use by Nomsy, please contact Nomsy. (Contact information is provided in the “Contact Us” section below.) Upon receiving the request, Nomsy shall meet such request pursuant to the provisions of each applicable privacy regulation after it confirms that such request has been made by you personally.
Because we plan our communications in advance, it may take several weeks for your request to become effective. If, due to human error or otherwise, you continue to receive our communications, please contact us again and we will make every effort to correct the situation.
16. LINKS TO OTHER SITES
We may provide links on the Site and the Mobile App to other sites or mobile applications. These sites operate independently of Nomsy and may have established their own privacy and security policies. We encourage you to be aware when you leave the Site and or the Mobile App and to read these policies at any site you visit.
17. PERSONALLY IDENTIFIABLE INFORMATION CONTAINED IN USER CONTENT
Some sections of the Site and the Mobile App may allow users to post or transmit messages, comments, screen names, computer files and other materials. Nomsy does not monitor such transmissions, and therefore cannot be responsible for any personally identifiable information or other information that may be contained in such transmissions.
17. CONTACT US