Welcome to FreshBytes, a website located at the “Site”) and operated by WirelesslyLinked, LLC d/b/a FreshBytes (“FreshBytes”, “us”, “our”, and “we”). FreshBytes provides the Site and services provided through the Site (“Services”) including website and mobile application creation and management for restaurants.
FreshBytes provides web and mobile app online ordering technology to restaurants where restaurant customers (“Customers”) can order food (“Online Ordering”) from Restaurant’s website or mobile app powered by FreshBytes (“Restaurant Site/App”). While FreshBytes facilitates Online Ordering for our Restaurant Clients (“Restaurants”), we are not a party to the transaction between Customers and Restaurants. We are not responsible for delivering any items you order on a Restaurant Site/App as that is Restaurant’s sole responsibility. We make no guarantees about the quality of the food or services or the reliability of the content (including but not limited to menu descriptions, ingredients, or images) provided on a Restaurant Site/App.
From any Restaurant Site/App, Customers can create an account with FreshBytes to make an Online Order. Once you register an account with us through one Restaurant, that account may be used to place orders with any Restaurant using our Service. Your delivery address may be stored in your account for future orders.
Account Creation. In order to use certain features of the Services, you must register for an account with us (“your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions in your Account settings. We may suspend or terminate your Account in accordance with the Terms and Termination.
Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Customer acknowledges that Restaurant is solely responsible for pricing its products and menu items, including setting and changing the pricing, delivery fees, and applicable taxes. Customer also acknowledges that if it uses Google Wallet or Apple Pay to make payments, that use is subject to the terms and conditions, including the privacy policies, of Google and Apple.
You agree to pay all applicable charges associated with any Online Order made through your Account. You understand that we facilitate the processing of your Online Order and may charge Restaurant a fee to do so before payment is transferred to Restaurant. By agreeing to these terms, you understand that we charge this fee to Restaurants and are fully aware that it is part of the transaction between yourself and the Restaurant.
Not a Party to Transactions
Once an Online Order is placed through the Restaurant Site/App, the Restaurant is solely responsible for delivering your order. We are not liable for the failure to deliver an order or any representation made by the Restaurant with respect to your Order. You should contact the Restaurant directly if there are any disputes with your Order.
For questions concerning any transaction on your bank or credit card statement, please contact Restaurant directly. Since we are not a party to transactions between Customers and Restaurants, all refunds are subject to the refund policies of the Restaurants from which you order. Refunds may only be approved by the Restaurant and issued by our payment processor.
We may provide Restaurants with an App for Customers to place Online Orders and otherwise access the Online Ordering Services via a mobile device. To use the App you must have a mobile device that is compatible with the App. We do not warrant that the App will be compatible with your mobile device.
You may not: a) modify, disassemble, decompile or reverse engineer the App; b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App to any third-party; c) make any copies of the App; d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the App, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on use of the App; or e) delete the copyright and other proprietary rights notices on the App.
App Stores. You acknowledge and agree that the availability of the Mobile Apps is dependent on the third party websites from which you download the Mobile Apps, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and FreshBytes and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading Mobile Apps from it. You agree to comply with, and your license to use the Mobile Apps is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.
Children’s Online Privacy Protection Act
We do not intentionally gather Personal Information from visitors who are under the age of 13.
Types of Data We Collect
Information You Provide to Us
We may collect Personal Information from you, such as your first and last name, e-mail and mailing address, phone and password when you create an account to log in to our network (“Account”).
We retain information on your behalf, such as files and messages that you store using your Account.
If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
When you participate in one of our surveys, we may collect additional information that you knowingly provide.
When you post messages on the Services or on a Social Media Site (“SMS”) where we have a page or presence (collectively “SMS Pages”), the information contained in your posting may be republished on our Site or Mobile App and other users may be able to see them.
Information Collected via Technology
In an effort to improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis.
Use of Your Personal Information
In general, Personal Information you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Information in the following ways:
to facilitate the creation of and secure your Account on our network;
identify you as a user in our system;
provide improved administration of our Services;
provide the Services you request;
improve the quality of experience when you interact with our Services, such as storing delivery addresses and past orders for ease of use;
send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
send you administrative e-mail notifications, such as security or support and maintenance advisories;
respond to your inquiries related to employment opportunities or other requests;
to send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes including those of third parties; and
perform marketing or data analysis.
No Sales of Personal Information. We will not sell Personal Information that we collect from you to any third parties. Your Personal Information however, may be part of transferred assets in the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event.
Use of Non-Personal Information
If our information practices change at any time in the future, we will post the policy changes to the Site so that you may opt out of the new information practices. We suggest that you check the Site periodically if you are concerned about how your information is used.
FreshBytes makes use of location-based data for our Website to locate restaurants in your geographic area. If you choose not to allow FreshBytes to access your location, some or all functionality of the Services may not be available to you.
Disclosure of Your Personal Information
Third Party Service Providers. We may share your Personal Information with third party service providers to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to perform marketing; to run data analysis; to facilitate creation of accounts; to provide technical support; and/or to provide other services to the Company.
Links to Third Party Websites
Your Rights Regarding the Use of Your Personal Information
Security of Your Personal Information
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. While we use reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security. By using our Service, you acknowledge that you understand and agree to assume these risks
California residents with an established business relationship with FreshBytes may contact us at to request information concerning our disclosure of your personal information to third parties for direct marketing purposes or to request to opt-out of any circumstance in which your information may be shared with third parties for direct marketing purposes (California Civil Code Section 1798.83).