Effective as of December 28, 2022

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We at ChowNow, Inc. (“ChowNow,” “we,” “us,” or “our”) know that privacy is very important to you.

We have created this privacy policy (the “Privacy Policy”) to describe what kinds of personal information we may obtain through your interaction with ChowNow, including our Direct ordering Platform, Discover marketplace Platform, and our other apps, platforms and websites (collectively, the “Services”).

By visiting our websites, platforms and applications, or using the ChowNow Services, you accept the practices described in this Privacy Policy and Terms of Service. If you do not agree to (or cannot comply with) all of the terms of this Privacy Policy, you may not access or use the Services.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Service.

If you accept or agree to this Privacy Policy on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Privacy Policy and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Table of Contents

  1. 1. INFORMATION WE COLLECT
  • a) Contact Information
  • b) Billing Information
  • c) Geolocational Information
  • d) Other Information

1. INFORMATION WE COLLECT

In the course of operating the Services, ChowNow collects or receives the following types of information, which may include personal information.

a) Contact Information

When you sign up to use the Services, join our e-mail list, enter a promotion or participate in our referral program, you may be required to provide us with personal information about yourself, such as your name, address, phone number, and e-mail address (collectively, the “Contact Information”). We do not collect any Contact Information from you when you use our Services unless you provide us with the Contact Information voluntarily.

b) Billing Information

To submit orders through a Platform, you will be required to provide certain information in addition to the Contact Information noted above. Such information may include a debit card number, credit card number, billing address, expiration date, security code and similar information (collectively, the “Billing Information”).

c) Geolocational Information

To provide access to the Services while you are using an electronic device, we automatically collect geolocational information from your mobile device, your wireless carrier, or certain third-party service providers (“Geolocational Information”). Collection of such Geolocational Information occurs only when the Services are running on your mobile device. You may control the collection of Geolocational Information through the user settings on your device. You may decline to allow us to collect such Geolocational Information, in which case ChowNow will not be able to provide certain services to you. Please be sure to manage your mobile device and privacy preferences on the Platform on an ongoing basis.

Note that ChowNow uses Google Maps and the Google Maps API as part of our online ordering system. By using ChowNow’s web, iOS, or Android ordering systems you are also bound to the Google Maps APIs Terms of Service found here: https://developers.google.com/maps/terms-20180207#3-privacy-and-personal-information.

d) Other Information

In addition to the Contact Information, the Billing Information, and the Geolocational Information, we may collect additional information regarding you and your use of our Services, your interactions with us and our advertising, as well as information regarding your computer or other devices used to access our Services (collectively, the “Other Information”). Such Other Information may include:

  •  From You.  Additional information about yourself that you voluntarily provide to us, such as your food orders, favorite foods, favorite restaurants, gender, birthdate, interests, and biometric information (such as fingerprints and voice recordings).
  • From Your Activity. Information that we automatically collect when you use the Services, such as (i) information about the device from which you access the Services (i.e., the type of device, the advertising identifier (“IDFA” or “AdID”), the operating system and version (for example iOS, Android or Windows), your carrier and network type (WiFi, 3G, 4G, LTE); (ii) your IP addresses (which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device); (iii) browser type and language; (iv) referring and exit pages and URLs; (v) date and time; (vi) amount of time spent on particular pages; (vii) what features of the Services you use or visit, including your use of Platform (Direct, Discover, or both); (viii) what you order and from which restaurants; and (ix) similar information concerning your use of the Services.
  • From Cookies and Similar Technology. Like most online services, we automatically receive standard technical information when you connect with the Services. We collect this information through browser cookies, pixels, web server logs, web beacons, and similar technologies. These features enable us to personalize your experience with the Services, understand how you use them, maintain a persistent session, and improve and further develop the Services. Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. We use cookies to help us collect Other Information and to enhance your experience using the Services. Specifically, we use cookies to authenticate users, personalize your experience when using the Services, analyze which features of the Services you use most frequently, and measure and optimize advertising and promotional effectiveness. To do this, we may use both session cookies, which expire once you close your web browser, and persistent cookies, which stay on your computer until you delete them. If you do not want the Services to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this. However, if you decide not to accept cookies from us, the Services may not function properly. When the Services are made available to you through third-party sites, please be aware that these other sites maintain their own policies regarding cookies and the collection and use of information. You are responsible for reviewing those policies.
  • From Other Sources. Information that we collect or receive from Facebook and/or other sites on which you have used the Services in accordance with their terms of use and privacy policies and applicable law.
  • Third-Party Analytics.We use third-party analytics services (such as Google Analytics and mParticle) to evaluate your use of the Services, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Services and mobile and internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the Services, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. The information used by such analytics services is generally at the aggregate level. To the extent any such information is at the individual level or is used for secondary marketing purposes, Canadian users may opt-out of such collection or use by sending an e-mail to privacy@chownow.com or writing to us at: ChowNow, Inc. 3585 Hayden Avenue Culver City, CA 90094

    For more information on Google Analytics, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Services.

    Inferences. We may use assumptions or extrapolations that have been 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.

    3. HOW WE SHARE YOUR INFORMATION

    We may share transfer, or disclose Contact Information, Billing Information, Geolocational Information, and/or Other Information if you consent to us doing so, as well as in the following circumstances:

    • To provide our Services to you. To provide you with our Services, we need to share your name, phone number, meal order, and, if you are ordering for delivery, your physical address with the restaurants from which you order and with any third parties that are involved in, or provide services in connection with, such orders, such as delivery services, licensees of our Platforms, point-of-sale partners, middleware partners, rewards network partners, food and beverage industry partners, and other similar third parties. Such parties will use such information in accordance with the terms of their respective privacy policies.
    • To provide our Services to restaurants we cooperate with. We may share your Contact Information, Geolocational Information, and Other Information with any third parties on behalf and at the instruction of the restaurants from which you order as part of the services we provide to the restaurants.
    • To administer our rewards, referral, and promotional programs. In order to administer these programs, we may share your Contact Information and Other Information with the restaurants from which you order, the delivery services that deliver your orders, and any other third parties related to such rewards, referral and promotional programs. However, Information (including phone numbers) obtained from any short code opt-in will not be shared with third parties for their own marketing purposes.
    • To better understand and serve our customers. In an ongoing effort to better understand our users and our Services, we might analyze Contact Information, Billing Information, Geolocational Information and/or Other Information in aggregate form in order to operate, maintain, manage, and improve the Services. This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes. We also share the email and phone number of authenticated users and guests who order without signing it (e.g., via Apple Pay or Google Pay) with mParticle, which provides us with analytics services as described in section 1.d) above.
    • To assist us running our business. We may employ other companies and individuals to perform functions on our behalf. Examples may include providing marketing assistance, detecting and preventing fraudulent activity, order fulfillment, billing, and customer service. These other companies will have access to the Contact Information, the Billing Information, the Geolocational Information, and the Other Information only as necessary to perform their functions and to the extent permitted by law.
    • To receive assistance with our advertising. We share Other Information about your activity in connection with your use of the Services with third-party advertisers and remarketers for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising you see on the Platforms, the Websites, the Apps, and elsewhere. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site. By accessing and using the Services, you consent to the processing of data about you by these advertisers/remarketing providers in the manner and for the purposes set out in this Privacy Policy.
    • As part of the sale or other transfer of our business. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, investment, or similar corporate event, the Contact Information, Billing Information, Geolocational Information, and Other Information may be part of the transferred assets.
    • For legal purposes. To the extent permitted by law, we may also disclose Contact Information, the Billing Information, the Geolocational Information, and the Other Information when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever we believe that disclosing such information is necessary or advisable, for example, to protect the rights, property, or safety of ChowNow or others.

    We will take reasonable measures to require that any party receiving any of your personal information from us undertakes to: (i) retain and use such information only for the purposes set out in this Privacy Policy; (ii) not disclose your personal information except with your consent, as permitted by law, or as permitted by this Privacy Policy; and (iii) generally protect the privacy of your personal information.

    4. HOW WE PROTECT YOUR INFORMATION

    We take commercially reasonable steps to protect the Contact Information, the Billing Information, the Geolocational Information, and the Other Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

    5. CHILDREN’S INFORMATION

    We take commercially reasonable steps to protect the Contact Information, the Billing Information, the Geolocational Information, and the Other Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

    6. EXTERNAL WEBSITES AND PAYMENT SERVICE PROVIDERS

    The Services may contain links to third-party websites. ChowNow has no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

    Please be advised that your use of Google Pay or Apple Pay is subject to the terms and conditions, including the privacy policies, of Google and Apple, respectively. By using these services, you accept the Google Pay API Terms of Service and the Apple Payments Terms and Conditions found here:

    7. ACCESSING AND MODIFYING INFORMATION AND COMMUNICATION PREFERENCES

    If you have registered for the Services, you may access, review, delete and make changes to your Contact Information, Billing Information, and certain Other Information by following the instructions found on our marketplace website, our ordering widget on a restaurant’s website, a Restaurant App, or the ChowNow App, as applicable. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any ChowNow marketing email. If you are part of our text messaging program, you can opt out of receiving marketing and non-transactional messages by texting “STOP” in response. Registered Users (i.e., individuals who register to use the Services) cannot opt out of receiving transactional e-mails related to their account. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. In such case, we will provide you the reason why the modification or removal was not possible.

    8. DO NOT TRACK

    As discussed above, third parties such as advertising networks and analytics providers may collect information about your online activities over time and across different websites when you access or use the Services. Currently, various browsers offer a “Do Not Track” option, but there is no standard for commercial websites. At this time, we do not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

    9. NOTICE TO CALIFORNIA RESIDENTS

    If you are a resident of California, you have additional rights under the California Privacy Rights Act (the “CPRA”). For more information about your rights under the CPRA, please visit our CPRA Privacy Notice to California Residents.

    10. NOTICE TO NEVADA RESIDENTS

    If you are a resident of Nevada, you have the right to opt-out of the sale of personal information to third parties. You can exercise this right by contacting us at privacy@chownow.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account.

    11. IMPORTANT NOTICE TO NON-U.S. RESIDENTS

    The Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to the United States where the privacy laws may not be as protective as those in your country of origin. If you are located outside the United States and choose to use the Services, you consent to any transfer and processing of your personal information in accordance with this Privacy Notice, and you do so at your own risk.

    12. UPDATES TO THIS PRIVACY POLICY

    This Privacy Policy is effective as of the date stated at the top of this Privacy Policy. We may update this Privacy Policy from time to time and without prior notice to you to reflect changes in our privacy practices. We will indicate at the top of this Privacy Policy when it was most recently updated, and we encourage you to revisit this page periodically to stay aware of any changes. By accessing the Services after we notify you of changes to this Privacy Policy, you are deemed to have accepted such changes.

    13. HOW TO CONTACT US

    If you have any questions or comments about this Privacy Policy, our privacy practices, or if you would like to exercise your rights and choices, please email us at privacy@chownow.com or call us at 1-888-707-CHOW.