TERMS & CONDITIONS
Last Updated: January 24, 2023
We suggest you print a copy of each of these documents for your records.
Your Use of Our Website
Use of our website is provided to you solely for your own personal use and not for purposes of resale, distribution, public display or performance or other similar uses by you, except as may be expressly permitted by Second Cup as reflected on the website. Unless otherwise indicated on our website, you may display, download, reformat and print a single copy of any information on our website for such personal use. Access to and the right to use our website may be subject to local laws and regulations. You agree to comply with all applicable laws and regulations relevant to your use of our website.
Without limitation, you hereby agree that you shall not use the website to:
- disrupt, place unreasonable burdens or excessive loads on, test, interfere with or attempt to gain unauthorized access to any portion of the website or any Second Cup system;
- collect information about others without their consent; and/or
- upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.
Further, you hereby agree that you shall not engage in prohibited or unauthorized use of the website or of any Second Cup systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the website.
Disclaimer and Limitation of Liability
On our website, we endeavor to provide accurate and timely information, including information concerning pricing, promotions and menu items, all of which is complex and subject to change. Accordingly, we do not guarantee the accuracy, reliability or completeness of any of the information contained on, downloaded or accessed from this website.
To the extent permitted by the applicable law, the performance of our website and all content or services accessed from or available thereon are provided to you on an “as is” basis, without representations, warranties or conditions of any kind, including any implied warranties or conditions, or warranties or conditions of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. We make no representations or warranties to you, whether expressed or implied, that our website and any content or services accessed from or available thereon will be uninterrupted, error free, or corrected in the event of discovery of any errors, free of viruses or other harmful components, nor for any breach of security or any damage to your computer system or loss of data that may result from accessing, downloading, or using any materials from our website.
We reserve the right, at our sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of our website or any content contained thereon, without liability or notice to you.
Any products and/or services described on this website are offered in jurisdictions where they may be legally offered for sale. The information on this website is not an offer or solicitation to anyone in any jurisdiction in which an offer or solicitation cannot legally be made, or to any person to whom it is unlawful to make a solicitation.
As a visitor to our website, you acknowledge and agree that any reliance by you on any information available on this website shall be at your own risk. To the extent permitted by the applicable law, in no event shall we be liable for any direct, indirect, consequential, special or exemplary damages arising from the use or the performance of this website, even if we have been advised of the possibility of such damages. You expressly acknowledge that we have entered into this agreement with you (or, with your parent/legal guardian on your behalf if you are under the age of majority in your jurisdiction of residence) and make the website available to you, in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you (or, your parent/legal guardian on your behalf if you are under the age of majority in your jurisdiction of residence) and Second Cup. You (and your parent/legal guardian on your behalf if you are under the age of majority in your jurisdiction of residence) expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive and continue to apply in the case of a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy, or termination of this agreement.
Confidentiality and Transmissions over the Internet
User Generated Content and Code of Conduct
Certain features and/or portions of this website may (or may in the future) permit you to upload, post or otherwise transmit content that you have created (the “User Content”). You hereby agree that you shall not use the website to upload, post, communicate or otherwise submit or transmit through, or to, the website any User Content that:
- may, in the sole and absolute discretion of Second Cup, degrade, tarnish or deprecate Second Cup and/or the public image or standing in the community of Second Cup;
- is deemed, in the sole and absolute discretion of Second Cup, to be defamatory, trade libelous, pornographic or obscene;
- contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the age of majority in his/her jurisdiction of residence (note: if you cannot obtain the consent of an individual appearing in your User Content, then his/her face must be blurred out and voice (if applicable) must be altered so as to be unrecognizable);
- is in any way disparaging, or might be seen to be disparaging, to Second Cup;
- infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever;
- contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (e.g. photographs, pictures, texts, lyrics, etc.) unless you have first obtained consent from the owner of such materials.
Your License regarding your User Generated Content
By providing or posting any User Content, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) are giving Second Cup permission to forever use any User Content you submit.
By providing User Content, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby: (i) grant to Second Cup a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the website; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the website in favour of Second Cup. For greater certainty, this means that, among other things, Second Cup has the right to use any and all ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.
Without limiting the generality of the foregoing, you (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) hereby grant to each user of the website a world-wide, perpetual, irrevocable, royalty-free, non-exclusive license to share any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the website via any share functionality that may be available on the website.
You (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) also hereby acknowledge, agree, warrant and represent to Second Cup that:
- you shall be responsible for all acts or transactions that occur under your user account, including, without limitation, for ensuring the accuracy, reliability or completeness of any and all User Content you upload, post or otherwise transmit to or through the website;
- Second Cup cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any User Content; and
- Second Cup does not generally screen or edit User Content, but that we reserve the right, in our sole and absolute discretion and at any time, although we are under no legal obligation to do so, to monitor, edit or otherwise remove, without any notice and without obligation or incurring any liability, any User Content (or any portion of any User Content) on the website.
Indemnification and Release by User
Third Party Websites, Content and Products and Services
Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of the organizations that operate such websites, the content on such websites, or of such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
The Second Cup café logo and other identifying marks of Second Cup are and shall remain the trade-marks and trade names and exclusive property of Foodtastic, and any unauthorized use of these marks is unlawful. Other trade-marks on this website are the property of their respective owners. All content on this website is the copyrighted property of Foodtastic (or, in certain cases, other users of this website or third party content providers) and is protected by Canadian and international copyright law.
Notice of Allegedly Infringing Content
While we are under no obligation to actively screen or edit User Content, we reserve the right, in our sole and absolute discretion, to modify, edit or remove any User Content, or to request a user to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason. To provide notice of allegedly infringing materials on the website, please contact us at: email@example.com
This arbitration clause does not apply to consumers in Ontario and Quebec or where prohibited by law. To the extent permitted by the applicable law, and with the exception of a breach by you of intellectual property rights, in the event of any dispute, the parties shall, at the shared expense of both parties, use their best efforts to mediate the dispute by an independent mediator appointed by Foodtastic, with such mediation to be held in the City of Montréal, in the Province of Québec. In the event that the aforementioned mediation is unsuccessful, the parties agree that the dispute shall be resolved by a single arbitrator pursuant to the Arbitrations Act (Québec), with the arbitration to be held in the City of Montréal and the law applicable thereto shall be the law of the Province of Québec. The arbitrator appointed pursuant to the Arbitrations Act (Québec) shall be entitled to award costs of the hearing in addition to the resolution of the claim, and the decision of any such arbitrator shall be final and binding and not subject to appeal.
Second Cup Café
9300 Trans Canada Highway,
This privacy notice was last updated on: November 2nd, 2023.
At Foodtastic, we prioritize your privacy and adhere to privacy regulations, including Quebec’s Act Respecting the Protection of Personal Information in the Private Sector. We aim to make it clear how we handle your personal information—what we collect, how we use it, who we share it with, and how we ensure its security.
By providing us with your personal information when interacting with our websites after being informed of this privacy notice, you consent to our use and disclosure of that information in the manner described in this policy.
In this policy, we’ll address:
- What Personal Information We Collect
- How We Use Your Information
- How We Share Your Information
- Specific Personal Information Use
- Where We Process Your Information
- Information retention
- How Long We Retain Your Information
- How We Protect Your Information
- Cookies and Tracking
- Your Rights Regarding Your Information
- How to Contact Us
We’re committed to ensuring your personal information remains safe and protected.
Our Brands [include]: La Belle et La Boeuf, Big Rig, La Chambre, Rotisseries Au Coq, Rotisseries Benny, Joliette BBQ, Rotisseries Fusee, Souvlaki Bar, Gatto Matto, Milestones, Monza, Tommy Café, Chocolato, Bacaro, Carlos and Pepes, Copper Branch, Freshii, Quesada, L’Gros Luxe, Nickels, Pita Pit, PokPok, Prime Pubs, Second Cup, Shoeless Joe’s, La Slice.
What Personal Information We Collect
When you interact with our websites, we may ask for your Personal Information and collect data on your usage of our websites.
Types of Personal Information that we may collect:
- Full name: Your complete legal name.
- Email address: Your electronic mail contact.
- Username: The unique identifier you choose for your account.
- Phone number: Your contact number.
- Address: Your physical mailing address.
- IP address: The unique identifier for your device on the internet.
- Browser type: The internet browser you use.
- Operating systems: The software powering your device.
- Date of birth: Your birth date.
- Information related to your interactions, such as complaints, inquiries, and communication with us.
- Details about services you’ve received from us: Specifics about services you’ve used.
- Location data: Information about your geographical location.
- Photos: Visual content you may provide
Circumstances under which we will collect this information:
- Chat functions: Information collected when you engage in chat or messaging features on our platforms.
- User registration: Data gathered when you create an account with us.
- Subscribing to newsletters: Information collected when you sign up for our newsletters.
- Contests: Data obtained when you participate in contests or competitions.
- Surveys: Information gathered from your responses to our surveys.
- Job Applications: Data provided when you apply for a job opportunity with us.
- Placing Orders: Information collected when you make online food orders.
- Purchasing a Gift Card: Data gathered when you buy a gift card from us.
How We Use Your Information
At Foodtastic, we are dedicated to providing you with the best possible experience. To achieve this, we use your personal information for severa purposes, ensuring that our services are personalized, secure, and responsive to your needs. Here’s a breakdown of how we use your personal information:
- Customization of Content and User Experience: Tailoring our services to provide a personalized and engaging experience.
- Identification: Recognizing you when you use our services for a seamless experience.
- Account Set-Up and Administration: Managing your account and ensuring its smooth operation.
- Conducting Polls, Surveys, and Contests: Gathering valuable insights and feedback from our users.
- Internal Research and Development: Continuously improving our services and offerings.
- Legal Obligations: Complying with applicable laws and regulations.
- Internal Audits: Ensuring the integrity and security of our systems and data.
- Fulfillment of Obligations in Agreements: Meeting our commitments as outlined in user agreements.
- Gathering Feedback and Opinions: Listening to your thoughts on the services we provide.
- Notification of Service Changes: Keeping you informed about updates and alterations to our services.
- Responding to Requests and Comments: Addressing your inquiries and feedback.
- Transaction Processing: Facilitating and securing your financial transactions.
- Communication: Keeping you informed about relevant news and offers.
- Analytics: Analyzing data to enhance our services and user experience.
- Purchase of Giftcards: When you buy gift cards, we use your information to process the transaction and ensure a seamless gift-giving experience.
- Placing Online Orders: Your information is used to fulfill your online food orders efficiently, making sure you receive the items you’ve selected in a timely and accurate manner.
How We Share Your Information
We may share your information for the following purposes:
- Regulators and Legal Compliance. We may share your personal information with regulatory authorities when required to comply with applicable laws, regulations, or legal processes.
- Specific Purposes. We may share your personal information with third parties to fulfill specific purposes related to our services. Below is a list of our service providers and the services they provide:
MailChimp: An automated marketing platform and email marketing service used for communication and marketing purposes.
Ueat: Powers our online restaurant ordering system, making it easy for you to place food orders online.
Tacit: Provides branded applications for specific restaurant brands like Second Cup and Pita Pit, enhancing your brand-specific experience.
Deliverect: Manages online orders efficiently, ensuring a smooth order fulfillment process.
Paytronix: A loyalty provider that facilitates our loyalty rewards programs, allowing you to earn and redeem rewards.
Datacandy: Another loyalty provider integral to our loyalty rewards programs, offering a seamless rewards experience.
Spoonity: Yet another loyalty provider used to enhance your participation in our loyalty rewards programs.
Veloce: Responsible for sales reporting, helping us analyze and improve our services.
GiveX: A loyalty provider that enhances your engagement with our loyalty rewards programs.
BlackBird: Specializes in application development, enabling us to offer innovative features and experiences.
Meta/Facebook/Instagram: Utilized for social media engagement and communication with our customers.
TikTok: Used for social media engagement and sharing creative content with our audience.
Those trusted partners access your personal data solely to enhance your Foodtastic experience, upholding the same stringent data privacy and security standards we adhere to.
When engaging in online food orders, loyalty programs, surveys, or job applications, you may be directed to the Service Provider’s site. It is your responsibility to acquaint yourself with their privacy policies and data handling practices.
Safeguarding your privacy while delivering outstanding dining experiences is paramount to us. If you have any inquiries or concerns regarding our information sharing practices, please reach out to our Data Privacy Officer at the contact information provided below.
Specific Personal Information Use
To fully access the website, as a user, you can register for an account by completing a registration form. Certain personal information is collected during this process, including your name and email address. This information is used to contact you, suggest appropriate products and services, and improve your user experience.
To place an order, as a registered user or guest, you must provide contact information (such as name and shipping address) and financial information (such as credit card number and expiration date). This data is used for billing and to fulfill your order. If there are issues with the order, we may use this information to contact you.
Personal information may be used without knowledge or consent in situations when legally required or permitted.
When We Process Your Information
When you visit one of our websites, whether you are located inside or outside of Canada, please be aware that your personal information may be processed in various jurisdictions, including but not limited to the United States. If you are located in Quebec, your personal information may be transferred outside of Quebec.
Why We Transfer Your Information
We may transfer your personal information to other countries for specific purposes, including:
|Category of Personal Information
|Customer Information Research
|Research purposes, marketing, order fulfillment.
|Research purposes, marketing, website functionality.
We will only retain your personal information for the duration necessary to fulfill the purposes for which it was collected. When defining the appropriate retention length, we consider the retention requirements in the applicable laws.
How We Protect Your Information
Securing your data is a priority for us, both online and offline. We have implemented appropriate safeguards to prevent personal data from being lost, misused, accessed, altered, or disclosed by unauthorized parties.
We collect credit card information when you place an order. This data is encrypted and secured throughout transmission and at rest. Secure web access can be verified by the lock icon in your internet browser address bar and using “https” at the beginning of the web address, where the “s” indicates a secure connection.
Employees and third parties are provided only with personal data on a need-to-know basis and only the minimum amount they require to complete their specific job. All employees are also subject to confidentiality agreements and undergo annual training on the proper handling of sensitive data.
Procedures have been developed and tested to handle a potential data breach. These procedures are designed to ensure affected individuals and regulators are notified of the breach (if required by the applicable laws) and damages can be minimized.
Protecting Your Information
We follow a Zero-Trust model to ensure the security of your data, implementing robust safeguards in a controlled and secure environment. While we maintain reasonable administrative, technical, and physical measures to protect your personal information from unauthorized access, use, or disclosure, it’s important to note that no online method of data transmission or electronic storage is entirely risk-free. Although we employ commercially acceptable means to safeguard your data, we cannot guarantee its absolute security.
Your privacy is of paramount importance to us, and we continually strive to enhance and maintain the security of your personal information. Should you have any questions or concerns about data security, please don’t hesitate to contact us.
Cookies and Tracking
Cookies and Tracking Technologies
We utilize cookies and tracking technologies to enhance your experience and gather insights into website usage. These technologies help us understand how visitors interact with our websites.
We may engage third-party services like Google Analytics and Facebook Pixel. These services may place cookies on your device to collect data about your visits to our websites. This data includes page views, time spent on pages, and interactions with content.
How We Use Third-Party Data
We use data collected by third-party services to analyze website traffic, improve our services, and optimize your experience. This information is aggregated and does not allow for your direct identification.
Managing Your Preferences
You can manage your cookie preferences through your browser settings. Please note that disabling certain cookies may impact your browsing experience.
Your Rights Regarding Your Personal Information
We aim to maintain information that is accurate and up to date. If your personal information changes (e.g., moving addresses), please notify us of any changes or updates to your information.
In certain instances, you have the right to request:
- Access the personal information we hold about you or request a copy of it.
- Request rectification or deletion of the personal information we hold about you.
- Withdraw your consent to our use or communication of your personal information. However, we might not be able to provide you our certain functionalities of our website or provide you with our services.
To exercise your rights, please contact us via the email, mail, or phone information provided below in the “Contact Information” section. We may ask you for identification to ensure that it is you.
On our websites, you may encounter links to other third-party websites. Be aware that we are not responsible for the content or privacy practices of these other sites. We encourage all users to read the privacy notices of any other sites that collect your personal information.
9300 Trans Canada Route,
SECOND CUP ACCESSIBILITY POLICY AND MULTI-YEAR ACCESSIBILITY PLAN, 2014
This accessibility policy and plan outline the actions that Second Cup Café (the “Company”) has and will put in place to improve opportunities for people with disabilities, and will be implemented in accordance with the time frames set out in the Integrated Accessibility Standards under the Accessibility for Ontarians with Disabilities Act (“AODA”). In addition to this policy and plan, the Company also has a separate policy regarding accessible customer service.
Statement of Commitment
Second Cup is committed to treating all people in a way that allows them to maintain their dignity and independence. We believe in integration and equal opportunity. We are committed to meeting the needs of people with disabilities in a timely manner, and will do so by preventing and removing barriers to accessibility and meeting accessibility requirements under the AODA and the Integrated Accessibility Standards.
1.Emergency Information and Procedures
We are committed to providing customers and clients with publicly available emergency information in an accessible way upon request. We will also provide individualized workplace emergency response information to employees with disabilities if we are made aware of the need for accommodation.
We will provide training to employees and other staff members who provide goods, services or facilities on behalf of Second cup, on the requirements set out in the Integrated Accessibility Standards and on the Ontario Human Rights Code as it relates to people with disabilities, by January 1, 2015.
Individuals in the following positions will be trained: (a) all employees; (b) all persons who participate in developing the organization’s policies; and (c) all other persons who provide goods, services or facilities on behalf of the organization.
Training will be provided in a way that best suits the duties of the applicable staff, within one month after staff commence their duties or as soon as practicable, and on an ongoing basis when changes are made to policies pursuant to the Integrated Accessibility Standards. A record of this training will be kept, including the dates on which training is provided and the number of individuals to whom it is provided.
The Company will ensure that employees consider the needs of people with disabilities when designing, procuring or acquiring self-service kiosks.
The Company will take reasonable steps to ensure that its existing feedback processes are accessible to people with disabilities upon request.
The Company is committed to meeting the communication needs of people with disabilities.
We will take reasonable steps to ensure that all publicly available information controlled by the Company is provided in an accessible way upon request. The Company will also consult with the person making the request to determine his or her information and communication needs. The Company will notify the public about the availability of accessible formats and communication supports by January 1, 2016.
The Company will take reasonable steps to ensure that all new websites controlled by the Company, and content on those sites published after January 1, 2012, conform with WCAG 2.0, Level A, except where meeting the requirement is not practicable.
We will also take reasonable steps to ensure that all websites controlled by the Company, and content on those sites published after January 1, 2012 (other than live captions and pre-recorded audio descriptions), conform with WCAG 2.0, Level AA by January 1, 2021, except where meeting the requirement is not practicable.
The Company is committed to fair and accessible employment practices.
We will take reasonable steps to implement the following actions by January 1, 2016:
- The Company will notify the public and staff that, when requested, it will accommodate people with disabilities during the recruitment and assessment processes and when people are hired;
- The Company will develop and put in place a process for developing individual accommodation plans for employees with disabilities;
- The Company will develop and put in place a return to work process for employees who have been absent from work due to a disability and require disability-related accommodations in order to return to work; and
- The Company will ensure the accessibility needs of employees with disabilities are taken into account if using the Performance Planning worksheet or development process
- The Company will also take reasonable steps to prevent and remove other accessibility barriers that are identified.
8.Design of Public Spaces
The Company will meet the Design of Public Spaces Standards when building or making major modifications to public spaces by January 1, 2017, including:
- Outdoor public use eating areas like rest stops or picnic areas;
- Exterior paths of travel and related elements, like sidewalks, ramps, and stairs;
- Service-related elements, such as service counters, fixed queuing lines and waiting areas.
We will also put reasonable procedures in place to prevent service disruptions to accessible parts of these public spaces and to deal with temporary disruptions when accessible elements required under these Standards are not in working order.
In the event of a service disruption, the Company will notify the public of the service disruption and alternatives available.
For more information about this accessibility policy and plan, please contact: 1-855-379-3388
Staff members are welcome to contact HR@SecondCup if they have any questions or would like to make a request under this accessibility policy and plan.
Accessible formats of this document are also available for free upon request.