By clicking this box, providing your name, phone number, & email address above, and pressing the “Subscribe” button below, you agree to receive text messages from (405) 796-0127, including any persons or entities using that number. By clicking the “Subscribe” button below, you also agree to our Mobile Terms of Service and Privacy Policy. Consent is not a condition of purchase.
Message frequency will vary. Message and data rates may apply. Reply HELP for help or STOP to cancel.
Visit Our Privacy Policy At:
https://viaggioscafe.com/privacy-policy/
PRIVACY POLICY
Please take a few minutes to read the following policy so that you understand how we treat your information. As we continuously improve and expand our services, this policy might change, so please check it periodically.
This Privacy Policy applies to the Viaggio’s Cafe online and mobile web sites (www.viaggioscafe.com) (collectively, the "Web Sites") and the Viaggio’s Cafe platforms and applications owned and operated by Viaggio’s Cafe LLC and our direct and indirect parents, subsidiaries and affiliates ("Viaggio’s Cafe", "we," "our," "us"), including but not limited to the Viaggio’s Anyware platform (https://anyware.viaggios.com) and Viaggio’s Driver Application (collectively, the "Applications"). This Privacy Policy describes how Viaggio’s Cafe collects, uses, and shares information provided through the Web Sites and Applications and information received from other sources, including Viaggio’s Cafe franchisees. It also describes your rights and choices regarding our use and sharing of your information, including how you can access and update such information.
Please note that Viaggio’s Cafe franchisees are independent entities and their processing of information is subject to their own privacy policies. For information on how a specific Viaggio’s Cafe franchisee processes your information, please direct your request to the relevant Viaggio’s Cafe franchisee.
Your use of the Web Sites or Applications constitutes your agreement to our Terms of Use (or the Viaggio’s Driver Application Terms of Use for Drivers using the Viaggio’s Driver Application), and acceptance of this Privacy Policy and your consent to the practices it describes.
If you have questions about our Privacy Policy or wish to exercise your rights and choices, please contact us as set forth in the section entitled "Contact Us" below. You may have additional rights based on your jurisdiction. Please click the relevant link below for more information:
• California
• Nevada
• Virginia
• European Economic Area, Switzerland, and United Kingdom
INFORMATION COLLECTION
Information you provide
Viaggio’s Cafe collects information you provide directly via the Web Site and Applications. The information we collect includes information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly, or indirectly to you. The categories of information we collect include the following:
• Contact Data. We collect your first and last name, postal address, email address, and telephone number.
• Account Credentials. We collect passwords and other information for authentication and account access.
• Payment Data. We collect data necessary to process your payment if you make a purchase, including your payment instrument number (such as a credit card number), and the security code associated with your payment instrument.
• Order Information. We collect information about your orders and food choices.
• Profile Data. We collect your interests, favorites, and preferences.
• Content. We collect the content of messages you send to us, such as feedback and product reviews you may write, or questions and information you provide to customer support.
• Applicant Data. We collect data as necessary to consider you for a job opening if you submit an application to us, including your employment and education history, transcript, writing samples, and references.
We collect information you provide at various points of the Web Sites and Applications, such as the following:
• Account Registration - To register an account with Viaggio’s, you will be required to fill out a registration form on the Web Sites or Applications. This form requires you to provide your contact data and account credentials. You may also provide payment data and profile data to help speed up and facilitate your future orders.
• Online Orders - You can place an online order for carryout or delivery through your registered account or as a guest. If you place a carryout order, you will need to provide your first name and last name, email address, telephone number, and order information. If you pay online, you will also need to provide your payment data. If you place an order for delivery, you will also need to provide your postal address in addition to the information above.
• Rewards Programs - We may offer rewards programs, sweepstakes, contests, surveys, or other promotions ("Promotions") through our Websites or Applications. In order to participate in a Promotion, you may be required to register an account and/or provide contact data, profile data, and other information.
• Other Transactions - We may offer you other opportunities to transact with us through the Web Sites or Applications. If you conduct transactions through the Web Sites or Applications, we will collect information you provide directly about the transactions you engage in while on the Web Sites or Applications (including any data gathered through the Application while located in a Viaggio’s Cafe store and when you speak to and use voice ordering services through the Viaggio’s Anyware platform, including through applicable devices). This information may include payment and billing information as well as the nature, quantity and price of the goods or services you exchange, transcripts of any words that you speak while using voice ordering services through the Viaggio’s Anyware platform, and the individuals or entities with whom you communicate or transact business.
• Email and other voluntary communications - You may also choose to communicate with us through email, via the Web Sites, via the Applications (including through voice ordering services through the Viaggio’s Anyware platform), or through other means. Such communications may be in connection with our customer service efforts, your questions, or for other purposes. We collect the information in these communications, and such information may include information that personally identifies you.
You may choose to voluntarily disclose other information when using the Web Sites or Applications that we do not request, and, in such instances, you are solely responsible for such information. Further, certain Applications, such as those using the Viaggio’s Anyware platforms, may capture information that you do not voluntary provide, such as background noise or secondary communications. Therefore, you should take steps to prevent the communication of unnecessary information when using such Applications.
Information Collected Automatically
When you visit the Web Sites or Applications (including when you use the Applications in a Viaggio’s Cafe store), we automatically collect information about your device and how your device interacts with our Web Sites or Applications.
The categories of information we collect include the following:
• Service Use Data. We collect data about the features you use, the emails and advertisements you view, the products you consider and purchase, the date and time you access the Web Sites or Applications, the pages you access while using the Web Sites or Applications, and the internet address of the web sites, if any, from which you linked directly to the Web Sites or Applications.
• Device Connectivity and Configuration Data. We collect data about the type of device you use, the operating system and browser you use, your internet service provider, your device's regional and language settings, and other similar information. This data also includes IP address, MAC address, device advertising Id (e.g., IDFA or AAID), and other device identifiers.
• Driver Application Data. If you are a Driver, we collect data about your use of the Viaggio’s Driver Application, such as the time you log in and out of the Application, delivery updates, and customer service information such as the time it takes a Driver to leave the store for a delivery and enter the store after a delivery.
• Location Data. We collect data about your device's location, which can be precise with your consent (e.g., latitude/longitude data) or imprecise (e.g., location derived from an IP address or data that indicates a city or postal code level). For example, we collect precise location through the Viaggio’s Driver Application to allow customers, franchisees, and authorized personnel to track the location of Drivers and their delivery orders.
We use cookies and other tracking technologies now and hereafter developed to automatically collect this information, including the following:
• Log Files
A log file is a file that records events that occur in connection with your use of the Web Sites and Applications, such as IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamps, and related data.
• Cookies
Viaggio’s Cafe servers, or the servers of other entities, may place a "cookie" on your device, store data in your device's browser or access pre-existing removable tracking features on your device in order to allow you to use the Web Sites and Applications and to personalize your experience. A "cookie" is a small piece of data that can be sent by a web server to your device, which then may be stored by your browser on your device's hard drive. Cookies and browser storage allow us to recognize your device while you are on our Web Sites and Applications and help customize your online experience and support security features. Cookies and browser storage are also useful in allowing more efficient log-in for users, tracking transaction histories and preserving information between sessions. The information collected from cookies and browser storage may also be used to improve the functionality of the Web Sites and Applications, analyze your use of the Web Sites and Applications, or bring you advertising. To learn more about how we use cookies, please visit the "Your Rights and Choices" section below.
Types of cookies and tags on our Web Sites and Applications include:
• Functionality: Used to remember your preferences and for facilitating transactions such as purchases.
• Performance or Analytics: Used to measure site activity to improve user experience.
• Targeting: Used to display information and offers that specifically interest you.
• Local Storage
We use Local Storage, such as HTML5 storage, to store information related to whether the user has chosen to "Remain Logged In" as well as tokens if other services are used. We may partner with other entities to provide certain features on our Web Sites and Applications or to display advertising based upon your web browsing activity use Local Storage such as HTML 5 storage to collect and store information. Various browsers may offer their own management tools for removing HTML5 Local Storage.
• Web Beacons ("Tracking Pixels")
Web beacons are pieces of code embedded in a website, video, email or advertisement that send information about your use to a server. There are various types of web beacons, including image pixels (which are small graphic images) and JavaScript pixels (which contains JavaScript code). When you access a website, video, email, or advertisement that contains a pixel, the pixel may permit us or another party to drop or read cookies on your browser. Web beacons are used in combination with cookies to track activity by a particular browser on a particular device. We may incorporate web beacons to allow us to track conversions, bring you advertising both on and off the Web Sites and Applications, and provide you with additional functionality, such as the ability to connect our Web Sites and Applications with your social media account.
• Location-identifying Technologies
GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location.
• Voice Processing Technologies
Voice processing technologies collect data through the microphone on your device to effectuate an instruction or request by you. We only maintain the audio long enough to complete your instruction or request and then immediately delete it. We may use non-audio data associated with the collection for additional purposes such as data analytics and in accordance with this Privacy Policy.
• Device Fingerprinting
Device fingerprinting is the process of analyzing and combining sets of information elements from your device's browser, such as JavaScript objects and installed fonts, in order to create a "fingerprint" of your device and uniquely identify your device and applications.
• In-App Tracking Methods
There are a variety of tracking technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device advertising Id or other device identifiers to associate app user activity to a particular app and to track user activity across apps.
We may incorporate tracking technologies into our emails, Web Sites, or Applications, as well as into our ads. Some of these tracking technologies may track your activities across time and services for purposes of associating the different devices you use, delivering relevant ads and/or other content to you, and enhancing the functionality and features of the Web Sites and Applications for all users.
For further information on how we use tracking technologies for analytics and advertising and your rights and choices regarding them, please see the sections entitled "Analytics, Advertising, and Retargeting" and "Your Rights and Choices" below.
Information Collected from Franchisees and Other Sources
We also obtain information about you from other sources and combine such information with information we have collected about you. The categories of other sources from which we collect include the following:
• Viaggio’s Cafe franchisees, which are independent entities. We process information received from the franchisees to provide them with services as well as for our own purposes in accordance with this Privacy Policy.
• Social networks when you reference our service or grant permission to Viaggio’s Cafe to access your data on one or more of these services.
• Business Partners with which we offer co-branded services, sell or distribute our products, or engage in joint marketing activities.
• Publicly-available sources such as data in the public domain.
We are not responsible for the accuracy of any information provided by other sources or the data practices of other sources.
INFORMATION USE
Viaggio’s Cafe collects and uses information in accordance with the practices described in this Privacy Policy. Our purposes for collecting and using information include the following:
• operating and managing our Web Sites and Applications, such as providing you with products and services, and opening, maintaining, administering and servicing your accounts and memberships;
• performing services requested by you, such as responding to your comments and requests, processing, servicing or enforcing transactions and sending related communications;
• maintaining the security and integrity of our systems, and preventing and addressing fraud, unlawful access, and breach of our policies and terms;
• sending you technical notices, updates, security alerts, information about our policy changes and administrative messages;
• analyzing trends and usage, such as the efficiency of deliveries and store operations;
• helping to establish and verify the identity of users;
• allowing you to participate in Promotions;
• improving our Web Sites, Applications, stores, products, services, advertising, and Promotions;
• sending you promotional newsletters, offers, advertisements and marketing communications and other information about Viaggio’s Cafe and its affiliates;
• engaging in direct marketing and non-personalized advertising;
• engaging in personalized advertising, including Interest-based Advertising; and
• fulfilling any purposes at your direction or with your consent.
Notwithstanding the above, we may use publicly available information (as that term is defined by applicable law) or information that does not identify you (including aggregate information or information that has been de-identified as those terms are defined by applicable law) for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we use your information, please see the section entitled "Your Rights and Choices" below.
DISCLOSURE OF INFORMATION
We disclose information we collect in accordance with the practices described in this Privacy Policy. The categories of entities to whom we disclose information include the following:
• Service Providers. Viaggio’s Cafe discloses information to service providers and contractors that process information on our behalf. This includes entities that help us with maintaining and operating our Web Sites and Applications, payment processing, data analytics, marketing and advertising, and other business purposes. To the extent required by law, we contractually limit our service providers and contractors from retaining, using, or disclosing information for any purpose other than performing these functions, although we may permit them to use publicly available information (as that term is defined by applicable law) or information that does not identify you (including aggregate information or de-identified data as those terms are defined by applicable law) for any purpose except as prohibited by applicable law.
• Customers. We disclose information about Drivers collected through the Viaggio’s Driver Application to our customers to allow location tracking of delivery orders.
• Analytics and Advertising Vendors. We disclose information to vendors and other entities in connection with tailoring advertisements, measuring and improving our Web Sites or Applications and advertising effectiveness, and enabling other enhancements. These companies may act as our service providers, or in certain contexts, independently decide how to process your information. For more information on analytics and advertising, see the section entitled "Analytics, Advertising, and Retargeting" below.
• Affiliates. We disclose information to our related entities including our parent and sister companies. For example, we disclose your information to our affiliates for customer support, marketing, and technical operations.
• Franchisees. We disclose information to Viaggio’s Cafe franchisees in connection with the services we provide to them. For example, we disclose information to franchisees in order to facilitate your orders, maintain and administer your online accounts, respond to your questions and comments, comply with your requests, market and advertise to you, facilitate services with respect to Drivers, and otherwise comply with applicable law. Viaggio’s Cafe franchisees are independent entities and their processing of information is subject to their own privacy policies.
• Business Partners. We disclose information with our business partners in connection with offering you co-branded services, selling or distributing our products, or engaging in joint marketing activities.
• Promotions. Our Promotions may be jointly sponsored or offered by other entities. If you voluntarily choose to enter a Promotion, we disclose information as set out in the official rules that govern the Promotion as well as for administrative purposes and as required by law (e.g., on a winners list). By entering a Promotion, you agree to the official rules that govern that Promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice and/or likeness in advertising or marketing materials.
• Merger or Acquisition. We may disclose information if Viaggio’s Cafe is involved in a merger, acquisition, or sale of all or a portion of its assets. In such event, you may be notified via email and/or a prominent notice on our Web Sites or Applications of any change in ownership or uses of your information, as well as any choices you may have regarding your information.
• Security and Compelled Disclosure. Viaggio’s Cafe must disclose information about you in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may disclose information about you in connection with legal requirements, such as in response to an authorized subpoena or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, or investigate fraud. We may also disclose information about you to defend the Terms of Use or other policies applicable to the Web Sites and Applications or if we believe your actions are inconsistent with our user agreements or policies. To the maximum extent permitted by applicable law, we may use IP addresses, mobile device identifiers or any other information we collect to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.
• Facilitating Requests. We disclose information at your request or direction, such as when you choose to disclose information with a social network about your activities on the Web Sites or Applications.
• Consent. We may disclose your information with notice and with your consent.
Notwithstanding the above, Viaggio’s Cafe may disclose publicly available information (as that term is defined by applicable law) or information that does not identify you (including information that has been aggregated or de-identified as those terms are defined by applicable law) for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we share your information, please see the section entitled "Your Rights and Choices" below.
Notwithstanding any other sections of this Privacy Policy, any information that is provided during the job application process, inclusive of submissions via Text to Apply, Chat to Apply or the General Job Application process will not be shared outside of Viaggio’s Cafe without the prior written consent of the applicant.
EXTERNAL LINKS, APPLICATIONS AND DEVICES
The Web Sites and Applications may contain links to other web sites, or may be available through devices, not maintained or related to Viaggio’s Cafe. These links and devices are not sponsored by or affiliated with the Web Sites, Applications, or Viaggio’s Cafe. Viaggio’s Cafe has not reviewed any or all of the sites hyper-linked to or from the Web Sites or Applications, and has not reviewed any or all of the devices through which certain Viaggio’s Applications like Viaggio’s Anyware are available, and is not responsible for the content or privacy practices of other web sites, applications or devices. The links and devices are accessed and used at the user's own risk, and Viaggio’s Cafe makes no representations or warranties about the content, completeness or accuracy of these links or devices, the sites hyper-linked to the Web Sites or Applications or the devices through which the Applications like Viaggio’s Anyware may be available. Other entity web sites that are accessible by hyperlinks from the Web Sites or Applications may use cookies and other tracking technologies. Viaggio’s Cafe encourages you to read the privacy policies provided by other web sites and devices manufacturers before you provide any information to them. Viaggio’s Cafe does not implicitly endorse web sites hyper-linked to Viaggio’s Web Sites or Applications or devices through which Applications such as Viaggio’s Anyware may be available.
SOCIAL MEDIA FEATURES
Our Web Sites and Applications may include social media features. These social media features may use tracking technologies to collect information about you, such as your IP address, which page you are visiting on the Web Sites or Applications, and may set a cookie to enable the social media feature to function properly. If you use social media features, information you post or provide access to may be publicly displayed on our Web Sites and Applications or by the social network you use which is a separate entity. Similarly, if you post information on a social network that references our Web Sites and Applications (e.g., by using a hashtag associated with Viaggio’s Cafe in a status update), your post may be used on or in connection with our Web Site and Applications. Also, both Viaggio’s Cafe and the social network may have access to certain information about you and your use of our Web Site and Applications and the social media features. Social media features are operated by a social network, which is a separate entity and governed by the social network’s privacy policy. We are not responsible for, and make no representations regarding the policies or business practices of any separate entities and encourage you to familiarize yourself with and consult their privacy policies and terms of use.
ANALYTICS, ADVERTISING, AND RETARGETING
Viaggio’s Cafe engages other entities for analytics services. These entities may use cookies and other tracking technologies to analyze your usage of our Web Sites and Applications, including data collected when you speak to and use voice ordering services through the Viaggio’s Anyware platform.
In addition, we engage other entities to serve advertisements on the Web Sites and Applications and/or on other services. These entities may use cookies and other tracking technologies to collect and share information with us about your visits to this and other services in order to provide advertisements about goods and services likely to be of greater interest to you, measure and research the effectiveness of our advertisements, track page usage and paths followed during visits through our Web Sites and Applications, help us serve relevant internet banner advertisements on our Web Sites and Applications and on other services, and track use of our internet banner advertisements and other links from our business partners' services to our Web Sites and Applications. Viaggio’s Cafe may use the information collected on its Web Sites and Applications for online behavioral advertising purposes including retargeting and to customize ads to you when you visit other services (“Interest-based Advertising”).
We also use audience matching services (which is a type of Interest-based Advertising) to reach people (or people similar to people) who have visited our Web Sites, Applications, or are identified in one or more of our databases ("Matched Ads"). This is done by us uploading a customer list to a technology service or programmatically by incorporating technologies such as pixels, SDKs, or APIs from a technology service into our own Web Sites or Applications, and the technology service matching common factors between our data and their data. For instance, we incorporate the Facebook pixel on our Web Sites and may share your email address with Facebook as part of our use of Facebook Custom Audiences. Some technology services may provide us with their own data, which is then uploaded into another technology service for matching common factors between those datasets.
As indicated above, the entities providing these services may act as our service providers, or in certain contexts, independently decide how to process your information. Information collected by these services may be transmitted to and stored on servers in the U.S. (or elsewhere). We encourage you to familiarize yourself with and consult their privacy policies and terms of use.
For further information on the types of tracking technologies we use and your rights and choices regarding analytics, Interest-based advertising, and Matched Ads, please see the sections entitled "Information Collected Automatically" above and "Your Rights and Choices" below.
YOUR RIGHTS AND CHOICES
In addition to the rights and choices below, you may have additional rights based on your jurisdiction. Please click the relevant link at the top of this Privacy Policy or visit the applicable section below for more information.
Review and Update of Account Information
You have the right to access certain account information that you have voluntarily submitted to us through the Web Sites and Applications. You may correct, update, amend, delete, or remove that information by making the change within your Viaggio’s Cafe online account or contacting us as set forth in the section entitled "Contact Us" below. We may require additional information from you to allow us to confirm your identity. Please note that we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Tracking Technologies Generally
Most web browsers (such as Microsoft Internet Explorer, Google Chrome, Firefox and Apple Safari) accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.
For Apple iOS, we will only receive access to your device’s Ad ID (known as an IDFA) if you provide consent. You can reset your device advertising Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. For information on how to do this on Apple devices, visit Apple.com or https://support.apple.com/en-us/HT202074. For information on how to do this on Android devices, visit Google.com. You can stop all collection of information via an app by uninstalling the app.
The location data collected through an app depends on your device settings and app permissions. You can exercise choice over the location data collected through our apps by (i) for GPS data, disabling location in your device settings or disabling location permissions to that app; (ii) for Bluetooth data, disabling Bluetooth and any Bluetooth scanning option in your device settings; or (iii) for WiFi data, disabling WiFi and any WiFi scanning option in your device settings. You can stop collection of all location data via an app by uninstalling the app.
Your browser settings may allow you to automatically transmit a "Do Not Track" signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, Viaggio’s Cafe does not respond to "Do Not Track" signals or other mechanisms. For more information on "Do Not Track," visit http://www.allaboutdnt.com.
If you disable cookies or other device tracking features, however, you may not be able to use certain functions of the Web Sites or Applications.
Analytics and Interest-based Advertising
You may exercise choices regarding the use of cookies for analytics services as follows:
• Click here to view the Google Analytics opt out choice.
• Click here to view the Adobe Analytics opt out choice.
You may also exercise choice regarding the receipt of interest-based advertising. Some of the advertisers and technology companies that perform advertising-related services for us and our partners may be members of the Network Advertising Initiative ("NAI"). Click here to visit the Network Advertising Initiative site. Some of these companies may also participate in the Digital Advertising Alliance ("DAA") Self-Regulatory Program for Online Behavioral Advertising. To learn more about the DAA and your opt out options for their members, please visit (i) for website opt out, http://www.aboutads.info/choices; and (ii) for mobile app opt out, http://www.aboutads.info/appchoices.
In addition, some of the advertisers that perform advertising-related services for us and our partners may offer their own opt out choice:
• Click here to view the Google Doubleclick opt out choices.
• Click here to view the Facebook opt out choices.
• Click here to view the Pandora opt out choices.
Please be aware that, even if you are able to opt out of certain kinds of Interest-based advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain interest-based advertising to you, but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks).
In addition, our European users may click here to learn more information about their online choices at www.youronlinechoices.com and to view their opt out choices for this type of advertising.
To opt out of us using your data for Matched Ads, please contact us as set forth in the "Contact Us" section below and specify that you wish to opt out of Matched Ads. We will request that the applicable technology company not serve you matched ads based on information we provide to it. We will also remove your email address from any subsequent lists disclosed to ad partners for Matched Ads purposes. Alternatively, you may directly contact the applicable technology service to opt out.
You may also limit our use of information collected from or about your mobile device for purposes of serving targeted ads to you by going to your device settings and selecting "Limit Ad Tracking" (for iOS devices) or "Opt out of Interest-Based Ads" (for Android devices).
Please note that if you opt out using any of these methods, the opt out will only apply to the specific browser or device from which you opt out. Viaggio’s Cafe is not responsible for effectiveness of, or compliance with, any other parties' opt out options or programs or the accuracy of their statements regarding their programs.
Communications
In order to provide service to you, we may send you communications related to your transactions, security or the administration of the Web Sites or Applications. From time to time, Viaggio’s Cafe may also send you other messages or updates about our Web Sites, Applications, Viaggio’s Cafe, or our Promotions and other activities. If you do not wish to receive promotional communications from Viaggio’s Cafe, you can opt out at any time by following the unsubscribe instructions provided in those communications or by contacting us as set forth in the section entitled "Contact Us" below. Please note that even if you opt out of receiving promotional communications, we may continue to send you non-promotional emails, such as those about your account, servicing, or our ongoing business relations.
If you have opted-in to receive push notifications on your device, you can opt-out by adjusting your device settings or uninstalling the app.
INTERNATIONAL TRANSFER
We are based in the U.S. and the information we collect is governed by U.S. law. If you are accessing the Web Sites or Applications from outside of the U.S., please be aware that information collected through the Web Sites or Applications may be transferred to, processed, stored, and used in the U.S. and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of the Web Sites and Applications or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information in the U.S. and other jurisdictions as set forth in this Privacy Policy. For personal data transferred from the United Kingdom, the European Union, or Switzerland, we will provide appropriate safeguards, such as through use of standard contractual clauses.
DRIVERS
The Viaggio’s Driver Application collects information to allow customers and others to track the location of Drivers and their delivery orders. If you are an employee or independent contractor of Viaggio’s Cafe LLC or a Viaggio’s Cafe franchisee who delivers pizzas and other products to customers ("Drivers"), you understand that we may process information collected about you through your use of the Viaggio’s Driver Application in accordance with this Privacy Policy, including for analytics purposes and to provide services for our franchisees. In order to use the Viaggio’s Driver Application, you must agree to in-application permissions, which will turn on various device features necessary for Viaggio’s Driver Application functionality, such as turning on the microphone to make and receive calls, enabling location tracking to calculate delivery updates, and authorizing notifications to receive new orders in the Driver's order queue. For more information on the Viaggio’s Driver Application, please review our Viaggio’s Driver Application Terms of Use. If you are a Driver and a California resident, you understand that information collected about you is used solely within the context of your role as an employee or contractor.
CHILDREN'S PRIVACY
The Web Sites and Applications are directed toward and designed for use by persons aged 18 or older. Viaggio’s Cafe will not approve applications of, or establish or maintain registrations for any child whom Viaggio’s knows to be under the age of 13. Viaggio’s Cafe does not solicit or knowingly collect personal information as defined by the U.S. Children's Privacy Protection Act ("COPPA") from children under the age of 13. If Viaggio’s Cafe nevertheless discovers that it has received personal information from an individual who indicates that he or she is, or whom Viaggio’s Cafe otherwise has reason to believe is, under the age of 13, Viaggio’s Cafe will delete such information from its systems. Additionally, a child's parent or legal guardian may request that the child's information be corrected or deleted from our files by contacting us as set forth in the section entitled "Contact Us" below.
DATA SECURITY
Viaggio’s Cafe maintains reasonable physical, electronic, and procedural safeguards to help guard your information from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that any email or other transmission you send through the internet cannot be completely protected, and we cannot guarantee the security of your information collected through our Web Sites or Applications.
CHANGES TO THIS PRIVACY POLICY
Viaggio’s Cafe reserves the right to modify or supplement this policy at any time. Any changes will be effective immediately upon posting of the revised Privacy Policy. Your continued use of our Websites and Application indicates your consent to the Privacy Policy then posted. If a material change to the terms of this policy is made, Viaggio’s Cafe will post a notice prior to the change becoming effective on its homepage and a link to the new policy.
CONTACT US
If you have questions or comments about this Privacy Policy, the information practices of Viaggio’s Cafe, or your dealings with our Web Sites or Applications, or if you have a disability and would like to receive information on how to access this Privacy Policy in an alternative format please contact us:
Through our Contact Us page
By email:
[email protected]
By mail: Viaggio’s Cafe LLC, Attn: Customer Care, 30 Frank Lloyd Wright Drive, Ann Arbor MI 48105
For EU-specific requests, including our compliance with Privacy Shield or the General Data Protection Regulation, please contact us at:
By email:
[email protected]
By mail: Viaggio’s Cafe LLC, Attn: Information Security, 30 Frank Lloyd Wright Drive, Ann Arbor MI 48105
GIFT CARDS
For terms of use and privacy policy information on Gift Cards, please click here.
ADDITIONAL DISCLOSURES FOR CALIFORNIA RESIDENTS
The California Consumer Privacy Rights Act (“CCPA”), and its replacement the California Privacy Rights Act (“CPRA”), provide additional rights to California residents. This section addresses those rights and applies only to California residents. Any rights specifically relating to the CPRA shall not take effect until January 1, 2023.
Our Driver Application and Websites may provide information and services to job applicants and business clients. You understand and agree that information about you is collected solely within the context of: (i) your role as an employee, job applicant, owner, director, officer, or contractor or (ii) us conducting due diligence regarding or providing or receiving a product or service to or from your employer.
Notice of Collection
In the past 12 months, we have collected the following categories of personal information enumerated in the CPRA:
• Identifiers, including name, email address, phone number account name, IP address, and an ID or number assigned to your account.
• Customer records, billing and delivery address, and credit or debit card information.
• Commercial or transactional information, including records of purchases and engagement with our Web Sites and Applications.
• Internet activity, including your interactions with our Web Sites and Applications.
• Audio data, including information collected for voice ordering.
• Non-precise geolocation data, including location derived from an IP address.
• Professional, employment and education-related information, including information you provide when you apply for a job with us.
• Inferences drawn from any of the information identified in this section.
For further details on the personal information we collect, including the sources we receive information from, review the "Information Collection" section. We collect and use these categories of personal information for the business and commercial purposes described in the "Information Use" section. We disclose this personal information to the categories of persons set out in the “Disclosure of Information” section above.
Viaggio’s Cafe does not sell your personal information as the term "sell" is traditionally understood. However, some of our disclosures of personal information may be considered a "sale" or “share” as those terms are defined under CPRA. A “sale” is broadly defined under CPRA to include a disclosure for something of value, and a “share” is broadly defined under the CPRA to include a disclosure for cross-context behavioral advertising. We may collect, sell, or share the following categories of personal information for commercial purposes: identifiers, commercial or transactions information, internet activity, non-precise geolocation data and inferences. The categories of third parties to whom we may sell or share your personal information include, where applicable, vendors and other parties involved in cross-context behavioral advertising. For details about your rights regarding sales and shares, please see the “Right to Opt-Out” section below.
We do not knowingly sell or share the personal information of minors under 16 years old who are California residents.
Sensitive Personal Information
In addition, we have collected the following categories of sensitive personal information (as described in the CPRA) in the past 12 months: personal information that reveals your precise geolocation. For further details on how we obtain this information, please review the “Information Collection” section above.
We collect, use, and disclose this sensitive personal information as necessary to provide the services through our Websites and Application reasonably expected by an average consumer who requests such services, and for other permissible business purposes under the CPRA.
We do not “sell” or “share” your sensitive personal information as those terms are defined by CPRA.
Retention
We retain each category of personal information, including sensitive personal information, for the length of time that is reasonably necessary for the purpose for which it was collected, and as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.
Right to Know, Correct, and Delete
If you are a California resident, you have the right to know certain information about our data practices. In particular, you have the right to request the following from us:
• The categories of personal information we have collected about you;
• The categories of sources from which the personal information was collected;
• The categories of personal information about you we disclosed for a business purpose or sold or shared;
• The categories of persons to whom the personal information was disclosed for a business purpose or sold or shared; and
• The business or commercial purpose for collecting, selling, or sharing the personal information
You also have the right to request the specific pieces of personal information we have collected about you.
Unless you specify otherwise, the response will cover the 12-month period preceding our receipt of the request. Starting with personal information collected on or after January 1, 2023, you may request that we disclose details beyond the 12-month period, and we shall do so unless doing so proves impossible or would involve disproportionate effort.
In addition, you have the right to correct (effective January 1, 2023) or delete the personal information we have collected from you.
These rights also apply to sensitive personal information.
To exercise any of these rights, please submit a request through our online form available in the link below or call our number at 405-796-0127. If you have an account with us, we may require you to use the account to submit the request. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete. If you have a Profile, you may correct your personal information by logging in to the Profile and using the edit feature to make corrections. Any additional requests to correct your personal information can be made using the link below.
Make a CPRA Request
Please note that Viaggio’s Cafe franchisees are independent entities and their processing of information is subject to their own privacy policies. If you wish to exercise any of these rights with respect to the processing of information by Viaggio’s franchisees, please visit your local franchise-owned and operated store location to effectuate your requests, and we will work with the franchisee to address your request to the extent required by applicable law.
Right to Opt Out
To the extent Viaggio’s Cafe "sells" or "shares" your personal information as those terms are defined under the CPRA, you have the right to opt-out of the sale or sharing of your personal information, which you can exercise through this Do Not Sell or Share My Personal Information link or the link in the footer of our website. In addition, you may exercise this right by turning on a recognized opt-out preference signal, such as Global Privacy Control, in your browser or extension.
When you submit an opt-out, your opt-out will only apply to sales and shares of personal information through tracking technologies from the specific browser from which you submitted the opt-out because the connection between your browser identifiers and other personal information we have about you is not known to us. If you want the opt-out to also apply to other personal information we have about you (such as your contact information), please provide such information as requested through this Do Not Sell or Share My Personal Information link.
Annual Accounting of Data Subject Rights
Request Type Number of Requests Median Number of Days to Respond Number of Request Denials*
Request to Know 162 4 0
Request to Delete 31,187 42 0
Request to Correct 4 2 0
Request to Opt-out of Data Sharing 101,867 4 0
* Number of request denials is unavailable due to a technical issue that we are working to resolve.
Authorized Agent
You can designate an authorized agent to submit requests on your behalf. Requests must be submitted through the designated methods listed above. However, we will require written proof of the agent’s permission to do so and verify your identity directly. Please provide written proof via email to
[email protected].
Right to Non-Discrimination
You have the right not to receive discriminatory treatment by us for the exercise of any your rights.
Financial Incentives
Under the CCPA, earned points in Viaggio’s Piece of the Pie Rewards® loyalty program may be considered a financial incentive provided in exchange for the collection and retention of your personal information. The value of your personal information is based upon a comparison of the amount spent by loyalty program customers compared to similarly situated customers who do not participate in the loyalty program over a 12-month period and also includes the following considerations:
• categories of personal information collected;
• transferability of such personal information;
• the use of such personal information in connection with marketing activities; and/or
• the volume of consumers enrolled in the loyalty program.
We will update this over time as appropriate.
Note that you are provided with the material terms of the loyalty program when you join and are asked to provide your opt-in consent to participate, which you can withdraw from at any time. For further details of the loyalty program and its terms, including how to opt-in or withdraw your opt-in, refer to the loyalty program’s description and terms available at www.viaggios.com/rewards.
If you opt-out of the loyalty program, you can continue to receive most discounted prices by emailing us at
[email protected].
Shine the Light
Customers who are California residents may request (i) a list of categories of personal information disclosed to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please send us an email or a letter to the addresses in the section entitled "Contact Us" above and specify you are making a "California Shine the Light" request. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.
ADDITIONAL DISCLOSURES FOR NEVADA RESIDENTS
Nevada law (NRS 603A.340) requires each business to establish a designated request address where Nevada consumers may submit requests directing the business not to sell certain kinds of personal information that the business has collected or will collect about the consumer. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third party for the third party to license or sell the personal information to other third parties. If you are a Nevada consumer and wish to submit a request relating to our compliance with Nevada law, please contact us as at
[email protected].
ADDITIONAL DISCLOSURES FOR VIRGINIA RESIDENTS
The Virginia Consumer Data Protection Act (“VCDPA”) provides additional rights to Virginia residents. This section addresses those rights and applies only to Virginia residents. Any rights shall not take effect until January 1, 2023.
You have the following rights under the VCDPA:
• To confirm whether or not we are processing your personal data
• To access your personal data
• To correct inaccuracies in your personal data
• To delete your personal data
• To obtain a copy of your personal data that you previously provided to us in a portable and readily usable format
• To opt out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you
To exercise any of these rights, please submit a request through our online form available in the link below or contact us as set out in the “Contact Us” section above and specify which right you are seeking to exercise. We will respond to your request within 45 days. If you have an account with us, we may require you to use the account to submit the request. We may require specific information from you to help us confirm your identity and process your request. If personal data about you has been processed by us on behalf of a Viaggio’s franchisee and you wish to exercise any rights you have with such personal data, please visit your local franchise-owned and operated store location to effectuate your requests, and we will work with the franchisee to address your request to the extent required by applicable law.
Make a VCDPA Request
If we refuse to take action on a request, you may appeal our decision within a reasonable period time by contacting us at
[email protected] and specifying you wish to appeal. Within 60 days of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions. If the appeal is denied, you may submit a complaint to the Virginia Attorney General at https://www.oag.state.va.us/consumercomplaintform.
ADDITIONAL DISCLOSURES FOR DATA SUBJECTS IN EUROPE
The General Data Protection Regulation (“GDPR”) provides additional rights to individuals located in the European Economic Area, Switzerland, and the United Kingdom (collectively, “Europe”). This section addresses those rights and applies only to those individuals.
Roles
Data protection laws in Europe distinguish between organizations that process personal data for their own purposes (known as "controllers") and organizations that process personal data on behalf of other organizations (known as "processors"). Viaggio’s Cafe LLC acts as a controller with respect to personal data collected as you interact with our websites, emails, and advertisements. In some instances, Viaggio’s Cafe acts as a processor on behalf of the Viaggio’s Cafe franchisees, which are independent entities. Any questions that you may have relating to the processing of personal data by Viaggio’s Cafe as a processor should be directed to the relevant franchisee.
Lawful Basis for Processing
Data protection laws in Europe require a "lawful basis" for processing personal data. Our lawful bases include where: (a) you have given consent to the processing for one or more specific purposes, either to us or to our service providers, partners, or franchisees; (b) processing is necessary for the performance of a contract with you; (c) processing is necessary for compliance with a legal obligation; or (d) processing is necessary for the purposes of the legitimate interests pursued by us or a third party, and your interests and fundamental rights and freedoms do not override those interests. Some of our lawful bases for processing your information stem from our independent franchisees on whose behalf we provide services.
Your European Privacy Rights
You have the right to access, rectify, or erase any personal data we have collected about you. You also have the right to data portability and the right to restrict or object to our processing of personal data we have collected about you. In addition, you have the right to ask us not to process your personal data (or provide it to third parties to process) for marketing purposes or purposes materially different than for which it was originally collected or subsequently authorized by you. You may withdraw your consent at any time for any data processing we do based on consent you have provided to us.
To exercise any of these rights, contact us as set forth in the section entitled "Contact Us" above and specify which right you intend to exercise. We will respond to your request within 30 days. We may require additional information from you to allow us to confirm your identity. Further, if we are processing your information on behalf of one of our franchisees, we will refer you to that franchisee, and will support them to the extent required by applicable law in responding to your request. Please note that we store information as necessary to fulfil the purposes for which it was collected, and may continue to retain and use the information even after a data subject request for purposes of our legitimate interests, including as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements.
If you have any issues with our compliance, you have the right to lodge a complaint with an EEA supervisory authority.
Data Transfer and Privacy Shield
Viaggio’s Cafe uses standard contractual clauses to provide the required safeguards for the transfer and processing of personal data from Europe.
In addition, despite its invalidation, Viaggio’s Cafe maintains its participation in the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from the EU and Switzerland to the U.S., respectively. Viaggio’s Cafe has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of notice, choice, accountability for onward transfer, security, data integrity and purpose limitation, access, and recourse, enforcement and liability. For purposes of this section, Viaggio’s Cafe refers to the following U.S. legal entities: Viaggio’s Cafe LLC, Viaggio’s Cafe Distribution LLC, Viaggio’s Cafe International Franchising Inc, and Viaggio’s Cafe International Payroll Services, Inc.
In accordance with our obligations under the Privacy Shield, and subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission, we hereby affirm our commitment to subject all personal data transferred from the EU and Switzerland to the Privacy Shield Principles. This means that, in addition to our other obligations under the Privacy Shield Principles, we shall be liable to you for any third-party agent to which we transfer your personal data and that processes such personal data in a manner that violates the Privacy Shield Principles, unless we can demonstrate that we are not responsible for the resulting damages.
For inquiries or complaints regarding our compliance with Privacy Shield, please contact us as set forth in the section entitled "Contact Us" below. If we are unable to resolve your complaint directly, you may submit your complaint at no cost to you to the JAMS at https://www.jamsadr.com/eu-us-privacy-shield. In the event there are residual complaints that have not been resolved by JAMS, or any other means, you may seek a non-monetary remedy through binding arbitration to be provided to you in accordance with the Privacy Shield Principles.
To learn more about the Privacy Shield Framework, and to view Viaggio’s Cafe's certification, please visit http://www.privacyshield.gov. A list of companies certified under the Privacy Shield Framework is available at the following link: https://www.privacyshield.gov/list.
REVISION DATE
This policy was last updated March 17, 2023.
TERMS OF USE
Acceptance of Terms of Use
These Terms of Use govern your use of the online and mobile web site (the “Website” or, collectively, the "Websites"), and the tablet, smartphone and other applications and platforms, including but not limited to the Viaggio’s Anyware platform (https://anyware.viaggios.com/), available through third party devices, (the "Application" or, collectively, the "Applications"), owned and/or operated by Viaggio’s Cafe, LLC and its affiliates and franchisees (hereinafter “Viaggio’s” or "Viaggio’s Cafe"). If you do not agree to these Terms of Use, you should not use the Websites or Applications. These Terms of Use are an ongoing contract between you and Viaggio’s Cafe and apply to your use of the Websites or Applications. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use
Viaggio’s Cafe reserves the right, from time to time, with or without notice to you, to change these Terms of Use (other than the arbitration provision) in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the online Website or on the Applications. The most current version of the Terms of Use will supersede all previous versions.
Privacy and Personal Information
Viaggio’s Cafe is committed to protecting the privacy of the personal information you provide us on our Websites and Applications. Any information submitted on the Websites and Applications is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
Your Account
If you use the Websites or Applications, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, smartphone or tablet, and you agree to accept responsibility for all activities that occur under your account or password. The Websites and Applications sell products to adults, who can purchase with a credit card. If you are under 18, you may use the Websites and Applications only with involvement of a parent or guardian. Viaggio’s Cafe and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Viaggio’s Cafe Websites and Applications
These Terms of Use apply to all users of the Websites and Applications, including users who are also contributors of video content, voice content, information, and other materials or services on the Websites or Applications. The Websites and Applications may contain links to third party websites or applications, or may be made available through third party devices, that are not owned or controlled by Viaggio’s Cafe. Viaggio’s Cafe has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, applications or devices. In addition, Domino's will not and cannot censor or edit the content of any third-party site, application or device. By using the Websites or Applications, you expressly relieve Domino's from any and all liability arising from your use of any third-party website, application or device. Accordingly, we encourage you to be aware when you leave the Websites or Applications and to read the terms and conditions and privacy policy of each other website, application and device that you visit.
Website/Application Access
A. Viaggio’s hereby grants you permission to use the Websites and Applications as set forth in this Terms of Use, provided that: (i) your use of the Websites and Applications as permitted are solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Websites or Applications in any medium without Viaggio’s prior written authorization; (iii) you will not alter or modify any part of the Websites or Applications other than as may be reasonably necessary to use the Websites or Applications for their intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
B. In order to access some features of the Websites or Applications, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Viaggio’s immediately of any breach of security or unauthorized use of your account. Although Viaggio’s will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Viaggio’s or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Websites or Applications in a manner that sends more request messages to the Viaggio’s servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Viaggio’s grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Viaggio’s reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Websites or Applications, nor to use the communication systems provided by the Websites or Applications for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites or Applications with respect to their User Submissions.
Intellectual Property Rights
The content on the Websites and Applications, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Viaggio’s, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Websites and Applications is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Viaggio’s reserves all rights not expressly granted in and to the Websites, Applications and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Websites or Applications for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites and Applications or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites and Applications or the Content therein.
User Submissions
A. The Websites or Applications may now or in the future permit the submission of photos, audio files, videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Viaggio’s does not guarantee any confidentiality with respect to any submissions. You agree that Viaggio’s may publish your name and User Submission on the Websites, Applications or in other press releases or media items.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Viaggio’s to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites, Applications and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Websites, Applications and these Terms of Use. User agrees that any BFD name registrations become the property of Viaggio’s IP Holder LLC and Viaggio’s Cafe may use such submissions in any manner in the sole discretion of Viaggio’s Cafe. For clarity, you retain all of your ownership rights in your other User Submissions. However, by submitting the User Submissions to Viaggio’s, you hereby grant Viaggio’s a perpetual worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Websites, Applications and the Viaggio’s (and its successor's) business, including without limitation for promoting and redistributing part or all of the Websites or Applications (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each recipient of any User Submission a non-exclusive license to access your User Submissions through the Website or Applications, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Websites, Applications and under these Terms of Use.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Viaggio’s all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Viaggio’s or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Viaggio’s does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Viaggio’s expressly disclaims any and all liability in connection with User Submissions. Viaggio’s does not permit copyright infringing activities and infringement of intellectual property rights on its Websites or Applications, and Viaggio’s will block and remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Viaggio’s reserves the right to remove Content and User Submissions without prior notice. Viaggio’s will also terminate a User's access to its Websites or Applications, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity twice and/or has had a User Submission removed from the Websites or Applications. Viaggio’s also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Viaggio’s may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. In addition, you agree that you will not email any of your User Submissions or links to your User Submissions to individuals with whom you are not acquainted.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Viaggio’s designated recipient for notifications of claimed infringement is: any other feedback, comments, requests for technical support, and other communications should be directed to Viaggio’s customer service. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E. You understand that when using the Websites and Applications, you may be exposed to User Submissions from a variety of sources, and that Viaggio’s is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Viaggio’s with respect thereto, and agree to indemnify and hold Viaggio’s, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE VIAGGIO’S WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VIAGGIO’S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. VIAGGIO’S MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE VIAGGIO’S WEBSITE. VIAGGIO’S DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE VIAGGIO’S WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VIAGGIO’S WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.YOU AGREE THAT YOUR USE OF THE WEBSITES AND APPLICATIONS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, VIAGGIO’S, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES, APPLICATIONS AND YOUR USE THEREOF. VIAGGIO’S MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES' AND APPLICATIONS' CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITES OR APPLICATIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES AND APPLICATIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES OR APPLICATIONS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES AND APPLICATIONS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES AND APPLICATIONS. VIAGGIO’S DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR APPLICATIONS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND VIAGGIO’S WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL VIAGGIO’S, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES OR APPLICATIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES OR APPLICATIONS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES OR APPLICATIONS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES OR APPLICATIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT VIAGGIO’S SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Websites and Applications are controlled and offered by Viaggio’s from its facilities in the United States of America. Viaggio’s makes no representations that the Websites and Applications are appropriate or available for use in other locations. Those who access or use the Websites and Applications from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless Viaggio’s, its parent corporations, affiliates officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Websites and Applications; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Websites and Applications.
Ability to accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Websites and Applications are not intended for children under 13. If you are under 13 years of age, then please do not use the Websites or Applications - there are lots of other great web sites and applications for you. Talk to your parents about what sites and applications are appropriate for you.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Viaggio’s without restriction.
Viaggio’s Cafe Intellectual Property
This Websites and Applications contain many valuable trademarks owned and used by Viaggio’s Cafe LLC, and its subsidiaries and affiliates throughout the world. These trademarks are used to distinguish Viaggio’s Cafe's quality products and services. These trademarks and related proprietary property are protected from reproduction and simulation under national and international laws and are not to be copied without the express written permission of Viaggio’s Cafe LLC.
The text, graphics and html code contained in the Websites and Applications are the exclusive property of Viaggio’s Cafe LLC. Except where otherwise noted, the text, graphics and html code contained here may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means without the prior written permission of Viaggio’s Cafe LLC.
The Websites and Applications may link to sites not maintained by or related to Viaggio’s Cafe. Hyper-text links are provided as a service to users and are not sponsored by or affiliated with the Websites, Applications or Viaggio’s Cafe. Viaggio’s Cafe has not reviewed the sites hyper-linked to or from the Websites and Applications and is not responsible for the content of any other site. These links are to be accessed at the user's own risk. Viaggio’s Cafe makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to the Websites or Applications. Furthermore, Viaggio’s Cafe does not implicitly endorse third-party sites hyper-linked to the Websites or Applications.
Viaggio’s Tracker®
In addition to the Terms of Use, the following additional terms and conditions govern the access and use of the Websites and Applications Viaggio’s Tracker ("Viaggio’s Tracker") service to request order progress and tracking information ("Viaggio’s Tracker Data") on your Viaggio’s Cafe order. Viaggio’s Cafe authorizes you to request Viaggio’s Tracker Data for a Viaggio’s Cafe order for which you are the recipient and for no other purpose. You are not authorized to make the Viaggio’s Tracker Data available on any website or to otherwise use or sell the Viaggio’s Tracker Data for any other use without the express consent of Viaggio’s Cafe. You acknowledge and agree that the Viaggio’s Tracker Data are the private property of Viaggio’s Cafe, are provided to you free of charge and that any use of Viaggio’s Tracker Data is at your sole risk. Viaggio’s Tracker Data is provided "AS IS" and Viaggio’s Cafe disclaims all warranties, express or implied. In addition, any comment or input from you on Viaggio’s Tracker messaging services that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or in violation of the Terms of Use is prohibited. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.
SMS
A. Your carrier's standard messaging rates apply to your entry or submission message, our confirmation and all subsequent SMS correspondence. Viaggio’s Cafe does not charge for any content however downloadable content may incur additional charges from your cell phone provider. Please contact your wireless carrier for information about your messaging plan. Your carrier may impose message or charge limitations on your account that are outside our control. All charges are billed by and payable to your mobile service provider
B. By subscribing to marketing messages on shortcode, you consent to receiving up to 6 SMS messages per month using automated technology. Messages from shortcode may include offers from us, our affiliates and partners. You can unsubscribe at any time from all messages on this shortcode by sending STOP to. Your consent to receive text messages on this shortcode is not required to make a purchase.
C. By linking your Profile to your mobile number you may choose to place orders by SMS on shortcode. By doing so, you consent to receiving one or more messages in reply from us using automated technology for any messages you send to shortcode as part of your ordering experience. You can unsubscribe at any time from all ordering messages on this shortcode by sending STOP.
D. By subscribing to order tracking messages on shortcode, you consent to receiving up to 6 SMS messages per order using automated technology. You also consent to receive messages in reply from us for any messages you may send to us on shortcode.. You can unsubscribe at any time from all tracking messages on this shortcode by sending STOP.
E. You represent that you are the owner or authorized user of the wireless device you use to subscribe for the service, and that you are authorized to approve the applicable charges.
F. We will not be liable for any delays or failures in your receipt of any SMS messages as delivery is subject to effective transmission from your network operator and processing by your mobile device. SMS message services are provided on an AS IS, AS AVAILABLE basis.
G. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier's name, and the date, time and content of your messages and other information that you may provide. We may use this information to contact you and to provide the services you request from us, and to otherwise operate, develop and improve the service. Your wireless carrier and other service providers may also collect data about your SMS usage, and their practices are governed by their own policies. We will only use information you provide to the service to transmit your text message or as otherwise described in this document. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the service, you agree to provide accurate, complete, and true information.
H. The service and the content and materials received through the service are proprietary to us or our licensors, and is for your personal, non-commercial use only. You shall not damage, impair, interfere with or disrupt the service or its functionality.
I. The service is available only in the United States.
J. We reserve the right to alter charges and/or these terms and conditions from time to time. We may suspend or terminate the service to you if we believe you are in breach of our terms and conditions. Your service is also subject to termination in the event that your wireless service terminates or lapses. We may discontinue the service at any time.
K. If you have any questions, email us here. You can also text the word HELP or INFO to get additional information about these services. We do not charge for help or info messages; however, your normal carrier rates apply.
L. Supported Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile USA, Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless).
Voice Ordering in Mobile Apps
For iOS and Android Device Users Utilizing the Viaggio’s Voice Order Feature on the Mobile Application: Your use of Viaggio’s Voice Ordering platform is optional. When you speak to Dom on Viaggio’s Voice Ordering platform the things you say will be recorded and sent to Viaggio’s third party provider, Nuance Communications, to process your requests. The voice input data collected and recorded is used to help Dom to better recognize what you say.
Voice input data collected by Viaggio’s will be treated in accordance with Viaggio’s Privacy Policy, which can be found at https://www.viaggios.com /privacy/.
Voice input data that has been collected from you may be retained for a period of time to generally improve Dom, the Voice Ordering platform and voice functionality in other Viaggio’s products and services. This voice input data may include audio files and transcripts of what you said, and related diagnostic data, such as hardware and operating system specifications and performance statistics.
Arbitration
BECAUSE OF THE MUTUAL BENEFITS (SUCH AS REDUCED EXPENSE AND INCREASED EFFICIENCY) WHICH PRIVATE BINDING ARBITRATION CAN PROVIDE, BOTH YOU AND VIAGGIO’S PIZZA AGREE THAT ANY CLAIM, DISPUTE, AND/OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE WEB SITES OR THE APPLICATIONS, ANY PRODUCTS SOLD BY VIAGGIO’S PIZZA THROUGH THE WEBSITES OR THE APPLICATIONS, THESE TERMS OF USE, OR THE SCOPE OR VALIDITY OF THIS ARBITRATION AGREEMENT SHALL BE SUBMITTED TO AND RESOLVED EXCLUSIVELY BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. ALL MATTERS RELATING TO ARBITRATION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTIONS 1‐16, AND NOT BY ANY STATE ARBITRATION LAW.
Any arbitration pursuant to the Privacy Policy or Terms of Use shall be initiated with and conducted by the American Arbitration Association (AAA) in accordance with the AAA's Consumer Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes, both of which may be obtained at http://www.adr.org or by calling (800)778‐7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Washtenaw County, Michigan. Nothing herein shall prevent Viaggio’s Pizza or you from obtaining from a temporary restraining order or preliminary injunctive relief to preserve the status quo or to prevent any irreparable harm pending the arbitration of the underlying claim, dispute, and/or controversy.
The arbitration proceedings shall be conducted by a single arbitrator. In addition to any requirements imposed by law, the arbitrator shall be a retired state or federal court judge, or a licensed attorney with arbitration experience and at least ten years’ experience as a lawyer, and shall be subject to disqualification on the same grounds as would apply to a judge of a court in the relevant jurisdiction. The arbitrator shall follow controlling law and issue a decision in writing within 45 days of the arbitration hearing with a supporting opinion based on applicable law. The decision of the arbitrator (the “Decision”) shall be final, binding, and conclusive on the parties and may be entered in any court of competent jurisdiction; provided, however, that You and Viaggio’s agree that the Decision may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”), which may be obtained at http://www.adr.org or by calling (800)778‐7879. The Decision shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of the Decision, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. The single appellate arbitrator, who shall be chosen in the same manner described above, shall review the Decision applying the same standard(s) of review applicable in civil cases in the relevant jurisdiction and shall issue a reasoned award. The appellate arbitrator’s decision shall be final, binding and conclusive on the parties, and may be entered in any court of competent jurisdiction. At either party’s election, such decision and supporting opinion may be appealed to another arbitrator (“appellate arbitrator”), who shall be chosen in the same manner as described above. The appellate arbitrator shall apply to the underlying decision and opinion the same standard for review of civil cases as an appellate court in the relevant jurisdiction and issue a decision in writing with a supporting opinion based on such review and applicable law. The appellate arbitrator’s decision shall be final, binding and conclusive on the parties and may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS-WIDE, COLLECTIVE, MULTIPLE‐PARTY, OR PRIVATE ATTORNEY GENERAL BASIS. WE ALSO AGREE THAT ANY ARBITRATION PROCEEDING BETWEEN US MAY NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATION BETWEEN VIAGGIO’S AND ANY OTHER PERSON. YOU AND VIAGGIO’S PIZZA BOTH UNDERSTAND THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH ARE GIVING UP THEIR RIGHT TO TRIAL BY JURY OF ANY INDIVIDUAL, CLASS-WIDE, COLLECTIVE, MULTIPLE‐PARTY, PRIVATE ATTORNEY GENERAL, OR OTHER CLAIM EITHER MAY HAVE AGAINST THE OTHER, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Should any term or provision or portion of this arbitration agreement be declared void or unenforceable or deemed in contravention of law, it shall be severed and/or modified and the remainder of this agreement shall be enforceable; provided, however, that if the provision above prohibiting class-wide, collective action, consolidated, or other group arbitration is deemed invalid, then this entire arbitration provision shall be null and void and shall not apply to that dispute, which shall be resolved in a judicial proceeding in Washtenaw County, Michigan.
General
You agree that: (i) the Websites and Applications shall be deemed solely based in Michigan; and (ii) the Websites and Applications shall be deemed passive websites and applications that do not give rise to personal jurisdiction over Viaggio’s, either specific or general, in jurisdictions other than Michigan. These Terms of Use shall be governed by the internal substantive laws of the State of Michigan, without respect to its conflict of laws principles. These Terms of Use, together with the Privacy Policy and any other legal notices published by Viaggio’s on the Websites or Applications, shall constitute the entire agreement between you and Viaggio’s concerning the Websites and Applications. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by Viaggio’s to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Certain aspects of our mobile Applications are Licensed under one or more of the following United States patents: U.S. Patent No. 10,102,184; U.S. Patent No. 9,892,093; U.S. Patent No. 9,886,421; U.S. Patent No. 9,405,735; U.S. Patent No. 8,522,127. Viaggio’s reserves the right to amend these Terms of Use (other than the arbitration provision) at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. YOU AND VIAGGIO’S AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITES AND APPLICATIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Gift Cards
For terms of use and privacy policy information on Gift Cards, please click here.
Biometric Data Policy For Employees of Viaggio’s Cafe LLC
For Biometric Data Policy For Employees of Viaggio’s Cafe LLC, please click here.
California Transparency in Supply Chains Act
As a company philosophy, Viaggio’s Cafe, LLC and its subsidiaries and affiliates ("Viaggio’s Cafe") strongly oppose any and all illegal and unethical treatment of individuals, including acts of slavery or human trafficking. Viaggio’s Cafe utilizes a standard agreement that requires its suppliers to comply with all applicable laws, which includes applicable labor laws. Viaggio’s Cafe also provides to its suppliers a Code of Ethics that similarly notifies suppliers of their obligation to comply with all applicable laws and also provides a dedicated avenue for reporting any illegal or unethical behavior. Viaggio’s Cafe conducts periodic assessments of its suppliers and is determining whether to expand this assessment to obtain information about its suppliers' activities related to the California Transparency in Supply Chains Act of 2010. Viaggio’s Cafe is also considering implementing requests for certification from its suppliers and/or audits of its suppliers. At this time, Viaggio’s Cafe does not plan to utilize a third party to perform any verifications or audits. Viaggio’s Cafe also expects to evaluate whether training and/or changes in accountability standards and procedures for its employees and/or contractors are appropriate.
These Terms of Use were updated as of March 17, 2024