Effective as of December 28, 2022
We at ChowNow, Inc. (“ChowNow,” “we,” “us,” or “our”) know that privacy is very important to you.
Table of Contents
- 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.
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.
- For Google Analytics, please visit: https://support.google.com/analytics/answer/6004245?hl=en and https://tools.google.com/dlpage/gaoptout
- For mParticle, please visit:
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.
2. HOW WE USE YOUR INFORMATION
We use your personal information to provide the Services to you, and to operate our business. These business services include:
- Service-Related Usage: We use the Contact Information and the Other Information to provide and support the Services, such as communicating with you and other customers, managing user accounts, providing customer service, informing you about our products and services, administering our rewards, referral, and promotional programs, soliciting feedback and maintaining our systems. We use the Billing Information to process your orders, and we use the Geolocational Information to recommend nearby restaurants to you.
- Analyzing and Improving the Services: We may run calculations, aggregate, normalize, clean, and make derivative works of the information obtained about you in order to
- Understand and analyze usage trends and preferences;
- Monitor and analyze the effectiveness of the Services;
- Improve the Services and develop new products, services, features, and functionality; and
- Test the Services and our infrastructure to make sure the Services are working correctly.
- Marketing: As permitted by applicable law, we may use the Contact Information and the Other Information for marketing purposes, such as informing you about our products and services and those of our third-party marketing partners that could be useful, relevant, valuable, or otherwise of interest to you. Where required under applicable law, we will obtain your prior opt-in consent to send you electronic marketing communications. Please note that we will not share phone numbers obtained from the short code opt-in with third parties for their own marketing purposes
- Hiring: We may use your Contact Information and Other Information to evaluate a job applicants’ candidacy for a position with ChowNow.
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.
- 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.
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
6. EXTERNAL WEBSITES AND PAYMENT SERVICE PROVIDERS
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 firstname.lastname@example.org 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.
13. HOW TO CONTACT US