California Privacy Rights Act

Notice to California Residents

Last Update: December 28, 2022

This Notice to California Residents (“CPRA Notice”), provided by ChowNow, Inc. (“ChowNow,” “we,” “us,” or “our”) pursuant to the California Privacy Rights Act (“CPRA”), supplements our Privacy Policy (https://get.chownow.com/privacy-policy) and applies to natural persons who reside in the State of California (“consumers” or “you”) that use our Direct ordering Platform, Marketplace Platform and our other Services, that apply for a job with us, work with or for us, or that otherwise engage or interact with us. Any terms used herein but not defined shall have the meaning assigned in our Privacy Policy, or the CPRA, as applicable.

In the event of any conflict or inconsistency between this CPRA Notice and our Privacy Policy, this CPRA Notice shall control only with respect to the Personal Information (as defined in CPRA) of consumers, their households or devices. If you are located outside of the State of California this CPRA Notice does not apply to you and you should refer to our Privacy Policy.

Information We Collect

Categories of Personal Information. ChowNow has or may have collected and/or received the Categories of Personal Information identified below (with examples) from or about consumers, their households or devices, within the twelve (12) months preceding the Last Update of this CPRA Notice (“Last Update”). Personal Information does not include (i) publicly available information from government records; (ii) deidentified or aggregated Personal Information; or (iii) information excluded from the CPRA including information regulated by certain sector-specific data protection laws including the Health Insurance Portability and Accountability Act of 1996, the California Confidentiality of Medical Information Act, the Gramm-Leach-Bliley Act of 1999, and the California Financial Information Privacy Act.

• Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, Social Security number, driver’s license number or state identification number, passport number, or other similar identifiers.
• Categories of Personal Information Listed in Cal. Civ. Code § 1798.80(e)). A name, signature, Social Security number, physical characteristics or description, address, telephone number, driver’s license education, employment, employment history, bank account number, credit or debit card number or any other financial information. Some Personal Information included in this category may overlap with other categories.
• Protected classification characteristics under California or federal law. Age (40 years or older), race, religion, sexual orientation, sex (including gender, gender identity, gender expression).
• Commercial Information. Records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Biometric information. Identifying information, such as fingerprints and voice.
• Internet or other similar network activity. Browsing history, information on a consumer’s interaction with a website, application, or advertisement.
• Geolocation data.
• Audio or similar information.
• Professional or employment-related information. Current or past job history or performance evaluations
• Non-public education information. Education records directly related to a student maintained by an educational institution or party acting on its behalf.
• Inferences. Inferences drawn from any of the information identified above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes
• Sensitive Personal Information as Listed in Cal. Civ. Code § 1798.140.

Categories of Sources. We collect the Categories of Personal Information listed above from the following Categories of Sources: (i) directly from consumers (e.g., forms, surveys, responses, or other direct interactions from or with consumers), (ii) indirectly from consumers (e.g., consumer activity online, interactions with our Website and other sites), (iii) data resellers/brokers, (iv) advertising networks, (v) social media networks, (vi) restaurants that subscribe to our Services (“Restaurant Clients”), (vii) delivery partners who have a direct relationship with us, (viii) delivery partners who have a direct relationship with Restaurant Clients (“Restaurant Delivery Partners”), (ix) point-of-sale partners (“POS Partners”), (x) middleware partners (“Middleware Partners”) and (xi) other third party food and beverage industry partners (“F&B Partners”).

Use of Personal Information

We may use or disclose the Personal Information we collect for one or more of the commercial or business purposes set forth in the HOW WE USE AND SHARE INFORMATION section of our Privacy Policy.

Categories of Third Party Recipients

We may share your Personal Information with the following Categories of Third Party Recipients for Business Purposes:

• Service Providers, which include IT and cloud hosting companies, payment providers, transactions reporting providers, customer relationship management, delivery partners, email marketing providers, analytics providers, and providers of administrative services
• Restaurant Clients
• Restaurant Delivery Partners
• POS Partners
• Middleware Partners
• F&B Partners
• Individuals who use our Services (“End-Users”)
• Data resellers/brokers.
• Advertising networks.
• Social media networks

Disclosures and Sales of Personal Information for a Business Purpose

In the twelve (12) months preceding the Last Update, we may have disclosed or sold the Categories of Personal Information for a Business Purpose to the Categories of Third Parties set forth in the below table. Additionally, we may internally retain Personal Information within each category for up to the amount of time posted below, and for such further period as we determine necessary to comply with our legal obligations.

*ACT = Amount of time a consumer has an active account with ChowNow

Your Rights and Choices

The CPRA provides consumers with specific rights regarding their Personal Information. This section describes such rights and explains how to exercise them.

Right to Know About Personal Information. You have the right to request that we disclose certain information to you about our collection, disclosure, sale and use of your Personal Information. Once we receive and verify your request, we will disclose to you the following (to the extent applicable to your request):

• Specific pieces of Personal Information we collected about you in the preceding twelve (12) months (also known as a data portability request)
• Categories of Personal Information we collected about you in the preceding twelve (12) months
• Categories of Sources from which the Personal Information was collected
• Our Business Purpose for collecting or selling that Personal Information
• Categories of Personal Information that we disclosed or sold for a Business Purpose and the Categories of Third Party Recipients to whom the Personal Information was disclosed or sold.

Right to Request Deletion. You have the right to request that we delete any of Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and verify your request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

Right to Request Correction. You have the right to request that we correct any
Personal Information that we collected from you and retained, subject to certain
exceptions. Once we receive and verify your request, we will correct your Personal
Information in our records.

Right to Limit the Use of My Sensitive Personal Information. You have the
right to request that we limit the use or disclosure of the Sensitive Personal
Information (SPI) that we collected from you and retained. Once we receive and verify your request, we will limit our usage of your SPI, including without limitation sharing it with any third parties for general marketing purposes.

Exercising Rights to Know or Request Deletion. To exercise the rights to know or request deletion described above, please submit a verifiable consumer request to us by either: (a) completing a consumer rights request on our web form available here, or (b) submitting your request by email to privacy@chownow.com.

You may only make a verifiable consumer request under the right to know twice within a 12-month period. The verifiable consumer request must: (i) provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information related to you. Making a verifiable consumer request does not require you to create an account with us.

Verification Process. To submit a verifiable consumer request, the consumer may be required to provide up to three data points, which may include additional Personal Information, to enable us to verify the consumer’s identity with the degree of certainty required by the CPRA. We will use Personal Information provided in a verifiable consumer request solely for the purpose of verifying the requestor’s identity or authority to make the request. We or a third party on our behalf may follow up with you to determine whether a request is a verifiable consumer request under applicable law. If we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you, we will deny the consumer request in whole or in part and will not to disclose the information requested or, as applicable, will not delete the information requested. We will respond to any such consumer request with a denial, and will also explain why it has no reasonable method by which it can verify the identity of the requestor.

Response Timing and Format. We will confirm receipt of a verifiable consumer request within then (10) business days of its receipt. We will endeavor to respond to a verifiable consumer request within forty-five (45) calendar days of its receipt. If we require more time, we will notify you of the extension and provide an explanation of the reason for the extension in writing, and we will provide you with a response no later than ninety (90) calendar days of receipt of the request. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. If you do not have an account with us, and you do not indicate a preference for delivery, we will use its discretion in choosing the method of delivery of the information. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We may charge a reasonable fee to process or respond to your verifiable consumer requests if they are excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will inform you of the reasons for this decision and provide you with a cost estimate before completing your request.

Right to Opt-Out of the Sale or Sharing of Personal Information.

If you are 16 years of age or older, you have the right, at any time, to direct us to not sell or share your Personal Information (the “right to opt-out”). We do not knowingly sell or share the Personal Information of children under the age of 16, unless we receive affirmative authorization (the “right to opt-in”) from either (i) the consumer who is between 13 and 16 years of age, or (ii) the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to Personal Information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link:

Do Not Sell or Share My Personal Information

Once you make an opt-out request, we will not ask you to reauthorize Personal Information sales for at least twelve (12) months. However, you may change your mind and opt back in to Personal Information sales at any time by contacting us at privacy@chownow.com.

You do not need to create an account with us to exercise your opt-out rights. We will only use Personal Information provided in an opt-out request to review and comply with the request.

Right to Non-Discrimination. We will not discriminate against you for exercising any of your CPRA rights. We will not (i) deny you products or services, (ii) charge you different prices or rates for products or services, including through granting discounts or other benefits, or imposing penalties (except for financial incentives permitted by the CPRA, see below), (iii) provide you a different level or quality of products or services, and (iv) suggest that you may receive a different price or rate for products or services or a different level or quality of products or services.

Notice on Financial Incentives

We may offer you certain financial incentives permitted under the CPRA for the collection, sale or deletion of your Personal Information that may result in different prices, rates, or quality levels, provided that: (i) the financial incentive is reasonably related to the value of your Personal Information and (ii) we provide you written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time. Details about specific financial incentives such as materials terms, the Categories of Personal Information implicated, how you may opt-in to the incentive program, how you may exercise the right to withdraw, and a good faith estimate of the value of the data shall be disclosed to you at or before you opt-in to such financial incentives and provide Personal Information.

Right to Designate an Authorized Agent

If you submit a request to know or delete your Personal Information through the use of an authorized agent, we may require that you (i) provide the authorized agent written permission to act on your behalf, and (ii) verify their identity directly with us. We may deny a request from an authorized agent that does not submit proof of authorization.

Other California Privacy Rights

Pursuant to California’s “Shine the Light” law (Civil Code Section § 1798.83), California residents have the right to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties.

To make such a request, please send an email to privacy@chownow.com.

Changes to Our CPRA Notice

This CPRA Notice is effective as of the date of the Last Update stated at the top of this CPRA Notice. We may change this CPRA Notice from time to time with or without notice to you. By visiting or accessing the Website or the Services, purchasing products or services from us, or otherwise engaging or interacting with us after we make any such changes to this CPRA Notice, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, and without prejudice to the foregoing, our use of your Personal Information is governed by the CPRA Notice in current effect. Please refer back to this CPRA Notice on a regular basis.

Contact Information

If you have any questions or comments about this notice, the ways in which we collect and use your information described below and in the CPRA Notice, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at: Phone: 1-888-707-CHOW Website: https://get.chownow.com/ and https://eat.chownow.com/ E-mail: privacy@chownow.com Postal address: 3585 Hayden Ave. Culver City, CA 90094