Dana Account Terms and Conditions and Privacy Policy

Dana Hospitality  Dana Card Terms of Use Agreement

Updated Nov 26th, 2020

IMPORTANT - PLEASE READ: The following agreement describes the terms and conditions that apply to the pre-paid account and the use of any apps or websites of your Dana Card  between you and Dana Hospitality.,

By using your Dana Card, apps or websites you agree to the terms and conditions of this agreement. Please keep a copy of this agreement for your records.  The terms and conditions of this agreement will govern the use of the Dana Card apps or websites by you or anyone else who holds or uses the Dana Card. 

For the purposes of this agreement, the  Dana Card may be either a physical or virtual Dana branded card with or without your employer's branding, or it may be an employer supplied card or device such as an access or employee card that has been configured for use with the Dana Card system.
If the card was not supplied by Dana Hospitality and has multiple purposes such as access control or parking, this agreement only covers the use of the card in Dana cafes. This agreement does not replace or amend any other agreements regarding the card.

About Your Dana Card Account: Dana Hospitality Purchases Only
The Dana Card allows you to load a dollar value on to your Dana Card for future purchases at participating Dana Hospitality cafes. The dollar value that you load onto your Dana Card is a pre-payment only for the goods and services at participating Dana Hospitality cafes. No credit card, credit line, overdraft protection, or deposit account is associated with a Dana Card. Unless otherwise required by law or permitted by this agreement, any amount on your Dana Card is non-refundable and may not be redeemed for cash at Dana Hospitality cafes. No interest, dividends, or any other earnings on funds deposited onto a Dana Card will accrue or be paid or credited to you by Dana Hospitality. The value associated with the Dana Card is not insured by the Canadian Deposit Insurance Corporation (CDIC).

Use of Dana Card is limited to participating Dana Hospitality locations. We reserve the right not to accept, load, re-load or re-issue any Dana Card or otherwise limit the use of a Dana Card if we reasonably believe that the use is unauthorized, fraudulent, or otherwise unlawful.

Registering Your Card
Once you have your Dana Card, you can register it online  or via the Eat Fresh Rewards App. in order to access the additional features of the Dana Card program such as protecting your balance on your card from loss or theft (see details below). After you register your card, you will receive e-mails from us for purposes of managing your account or providing you services relating to your Dana Card, including confirmation of re-loads and verification of accounts.

Loading and Reloading Value on Your Card
If permitted by your location, you can load (or reload) a dollar value on the Dana Card at Dana Hospitality cafes using cash, an approved credit card or debit card (where available).  You may also reload a dollar value on the Dana Card by going online or via the Eat Fresh Rewards App, using an approved credit card.  The loaded amount will appear on your Dana Card immediately.

Payroll Deduction
If payroll deduction is set up for your location, the balance on a registered Dana Card will be permitted to be negative up to a defined credit limit. A Dana Card with a negative balance will be sent to the payroll department for payment on a regular schedule. This payment will return the card to a balance of $0.00. If you maintain a positive balance on your Dana Card, it will not be submitted to payroll.

Fees and Expiration of Card Balances
Dana Hospitality does not charge any fees for the issuance, activation, or use of your Dana Card and your Dana Card has no expiration date.

Receipts and Statements
Cardholders are not sent statements of itemized transactions from a Dana Card account. You can check the balance of your Dana Card online at our website or on the Eat Fresh Rewards App. You can review the ten most recent transactions on your registered Dana Card at our website. The account balance for a Dana Card also will appear on your receipt from a point-of-sale register. When you use your Dana Card, you will be offered a receipt but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a Dana Card and will provide the remaining balance of your Dana Card. You should retain your receipts from each transaction in order to ensure that your account balance is correct. You will need to produce your receipt in the event of a balance dispute.

Billing Errors, Corrections
We reserve the right to correct the balance of your Dana Card account if we believe that a clerical, billing or accounting error occurred. We shall have no liability for any billing error unless you provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.

Liability for Unauthorized Transactions
Because your Dana Card is used like cash for purchases from Dana Hospitality, you are responsible for all transactions associated with your Dana Card, including unauthorized transactions. However, if your registered Dana Card is lost, stolen, or destroyed, it can be replaced with the balance remaining on it, but only if you have registered with us. If your Dana Card becomes lost, stolen or damaged, you should lock your registered card immediately from our web site. You may then request a replacement card from one of our cashiers unless its a employer supplied card, in which case go through your usual procedure. Once you have your replacement card, you can then transfer the balance from the old card to the new card. Your Dana Card balance is only protected from the point in time you lock the card.

Privacy Statement
If you register your card, we collect your name, email address, password and a contact phone number. This is used solely for the purposes of providing account access, returning found cards and emailed transaction info.

Amendments to this Agreement
We may amend the terms or conditions of this agreement at any time, including any rights or obligations you or we may have. We will post the terms and conditions of the amended agreement on our web site. As permitted by applicable law, any amendment will become effective at the time we post the amended agreement on our web site or as otherwise stated in our notice to you. Unless we state otherwise, the amendment will apply to your future and existing Dana Cards. You are deemed to accept the amendments if (1) you do not notify us to the contrary in writing within twenty (20) days of the date of our notice or such other time specified in the notice, or (2) you use your Dana Card after such notice period. If you do not accept the amendments, upon written request, your Dana Card will be cancelled and any amounts remaining on your Dana Card will be refunded to you.

Privacy Policy

Our Apps and Websites are services offered by Dana This “Privacy Policy describes how these services collect, processes and protects your personal information in connection with your use of the services.

Why, how and what Personal Information is collected

You can generally use parts of our Services or our websites without giving us any personal information about you. However, most of our Services are only accessible if your register a user account, complete and submit the “Personal Information” required for the registration process.

When you register a user account, we may request you to provide us with Personal Information about you which may comprise your name, address, phone number, email address, and details of your usage of our Services or other information specifically required to offer our services to you.

Some of the Information that we collect about you will be “Personal Information” – This means information and data related to you and which may be used to identify you.

How we use the Personal Information collected

We use your Personal Information where this is required to provide relevant information and services or parts thereof (including our website) to you and generally to fulfil our contractual obligations towards you. We will also use and analyse the Personal Information we collect so that we can administer, support, and develop our business and for any other statistical or analytical purposes.

In particular, we may use your Personal Information for any of the following purposes, provided that there is permissible under applicable law:

To the extent permissible pursuant to applicable law, (a) we may combine the Personal Information together in a combined database or in separate databases.

We will not retain your Personal Information for longer than is necessary for the purposes for which it was intended or initially collected, or as required under any contract with you or by applicable law. We will delete your Personal Information once you inform us that you will no longer be using our Services unless and to the extend we are required to retain your Personal Information for legitimate reasons (e.g. due to legal requirements or if we still need your Personal Information to process the contractual relationship with you, such as billing or account) or if a deletion of your Personal Information would only be possible with unreasonable efforts, in which case we will lock your personal information instead of a deletion. We will not collect an excessive amount of personal Data about you or any information that is not relevant to the purposes it was collected for.

Disclose of your Personal Information

The App processes personal information on our servers in many countries around the world. We may process your personal information on a server located outside the country where you live.

Your personal information is subject to the laws of the country in which it is held, and may be subject to disclosure to the government’s courts or law enforcement or regulatory agencies of such other country, pursuant to the laws of such country. We will always take steps to ensure that your information is treated in accordance with this policy.

Some third parties process information on our behalf, such as processing credit card payments and providing support services for us. In addition, we may need to provide your Personal Information to any delivery restaurants (“Delivery Restaurants”) that you have placed your order with. By submitting your Personal Information, you agree to this transfer, storing or processing. Dana will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your Personal Information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.

We may use the Personal Information that you provide to us if we are under a duty to disclose or share your Personal Information in order to comply with (and/or where we believe we are under a duty to comply with) any applicable legal obligation; or in order to enforce our Service Terms and any other agreement we have with you. This includes exchanging Personal Information with other companies and other organizations for the purposes of fraud protection and prevention.

We will always take steps to ensure that your Personal Information is used by third parties in accordance with this Privacy Policy, including ensuring that third parties are contractually required to comply with this Privacy Policy.

Security

We are committed to ensure that your Personal Information is kept and stored securely and we maintain reasonable physical, technical and organisational measures and procedures to safeguard and secure the information we collect through our App.

This has been done with a view to preventing unauthorised or unlawful processing of your Personal Information and accidental, unauthorised or unlawful access, use, processing, copying, alteration, transfer, loss or destruction of, or damage to your Personal Information.

We protect the security of your Personal Information by doing the following:

Application

Our Privacy Policy applies to all of the services offered by Dana and its affiliates, including services offered on other sites, but exclude services that have separate privacy policies that do not incorporate this Privacy Policy.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you in search results. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

Accessing and updating your Personal Information

You can access, review and edit your Personal Information at any time by logging into your user account and visiting your user profile. Once you have access to your user profile you can review and edit any Personal Data you provided to us when you registered to our Services.

Whenever you use our services, we aim to provide you with access to your Personal Information. If that information is wrong, we strive to give you ways to update it quickly or delete it. We reserve the right to reject requests that are unreasonably repetitive, require disproportionate technical effort, rick the privacy of others, or would be extremely impractical.

Enforcement

We regularly review our compliance with our Privacy Policy. When we receive formal written complaints, we will contact the person who made the complaint to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.

Changes to this Privacy Policy

Dana may change and update this Privacy Policy from time to time. Dana will notify you of any material changes or additions to this privacy Policy and will provide you with a copy of the amended Privacy Policy, either on our website, by use of your email address provided to SFL Rewards or by any other suitable means which ensure that you will be able to take notice of the changes to this Privacy Policy.

Contact

You can contact us to learn more about our commitment to privacy and this Privacy Policy. Under certain jurisdictions and data protection laws you may have the right to request details of Personal Information, which we hold about you or to request the correction or deletion of your Personal Information.

Please help us to ensure that the information that we hold about you is accurate and up to date. If you think that any information we have is incorrect, or have any other comments, queries or requests please visit our web site

Suspension or Termination of this Agreement
We may suspend or terminate this agreement in whole or in part at any time and for any reason or no reason without notice or liability to you, including in connection with the termination of the Dana Card program. If we terminate this agreement without cause, we will refund or issue cafe credits equal to the balance held in your Dana Card account.

Governing Law
This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, notwithstanding any conflict of law rules.

Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Binding Arbitration
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies) arising out of or relating to this agreement or your use of the Dana Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.

Arbitration Procedures
You must first present any claim or dispute to us by contacting our Customer Service Department to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the Arbitrations Act (Ontario) as modified by this agreement. Unless you and we agree otherwise, any arbitration will take place in Toronto, Ontario, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, than the remainder shall still be given full force and effect.

Costs of Arbitration
All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of Punitive Damage Claims and Class Actions
By entering into this agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

Disclaimers and Limits of Liability
DANA HOSPITALITY MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE DANA CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES, SO THIS MAY NOT BE APPLICABLE TO YOU.  DANA HOSPITALITY HOSPITALITY DOES NOT REPRESENT OR WARRANT THAT YOUR DANA CARD WILL ALWAYS BE ACCEPTED OR THE DANA CARD PROGRAM WILL ALWAYS BE ACCESSIBLE.
IN THE EVENT THAT DANA HOSPITALITY OR ITS AFFILIATES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR DANA CARD PRIOR TO THE TIME AT WHICH SUCH DAMAGES AROSE. DANA HOSPITALITY HOSPITALITY AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT, REVENUE, USE OR DATA) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DANA HOSPITALITY HOSPITALITY OR ITS AFFILIATES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A DANA CARD THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Assignment
We may assign all or part of this agreement without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.

Entire Agreement
This agreement is the complete and exclusive statement of agreement between you and Dana Hospitality, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.

Questions or Notices
If you have any questions or wish to send us any notice regarding this agreement or your Dana Card, please visit our web site .