COLLECTION, USE, PROTECTION, AND DISCLOSURE OF AUTOMATICALLY COLLECTED AND NON-PERSONAL INFORMATION
Users of the Website and Mobile Apps Generally
Like most website operators, FoodPunchh.com automatically gathers from Website users non-identifying information of the sort that Web browsers and mobile devices, depending on their settings, may make available. That information includes may include a user's Internet Protocol (IP) address, operating system and browser type, and the locations of the Web pages the user views right before arriving at, while navigating and immediately after leaving the Website.
Aggregated Non-Personal Information
We may share aggregated and thus non-identifying information we collect under any of the circumstances described above. We may also share this information with third parties and our affiliate companies to develop and deliver targeted advertising on our Website and on websites of third parties. We may combine non-identifying information we collect with other non-identifying information collected from or by other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our Website and the most popular features or services accessed. This information does not contain any Personal Information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.
We may obtain information about your physical location, such as by use of GPS and other geolocation features in your device, or by inference from other information we collect (for example, your IP address indicates the general geographic region from which you are connecting to the Internet).
Third Party Cookies, Web Beacons and Buttons.
COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
"Personal Information" is information such as a name or email address that, without more, may be directly associated with a specific person. FoodPunchh collects a range of Personal Information from and about Website users. Much of the Personal Information collected by FoodPunchh about users is information provided by users themselves at the time they register with the Website and purchase food. That information may include your name, address, email address, and telephone number and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender, age, date of birth, username, hometown and other demographic information, and other potentially relevant information as determined by FoodPunchh from time to time. Users of the Website are under no obligation to provide FoodPunchh with Personal Information of any kind, although refusing to do so may prevent the user from using certain Website features.
We may also periodically obtain both Personal Information and non-identifying information about you from other FoodPunchh-affiliated businesses, business partners, contractors and other third parties and add it to our account information or other information we have collected. Examples of information that we may receive include: updated address information, purchase history, and additional demographic information.
We may also offer you the opportunity to log in to the Website by using credentials you have established with a third party website or application (such as your Google account) (each such account, a "Connected Account"). In such cases, we do not obtain information from these Connected Accounts beyond the information you and the Connected Account service provider provide to us in connection with logging into our Website.
Online Forums and Public Postings and Other Collections
We may occasionally use your Personal Information, including your name and email address, to send you notifications regarding new services, promotions, and reward notifications offered by restaurants that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the service. Generally, you may opt out of such emails at the time of registration or through your account settings, though we reserve the right to send you notices about your account even if you opt out of all voluntary email notifications.
FoodPunchh will disclose Personal Information or other information under the following circumstances:
Changing Personal Information and Account Termination
- Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you. If you prefer not to receive mailings from these providers, you may opt-out at the time you register for our Website, or at any time thereafter by going to your account settings or contacting us using the contact information below.
- Marketing Communications. Unless users opt-out from receiving FoodPunchh marketing materials upon registration, FoodPunchh will email users about products and services that FoodPunchh believes may be of interest to them and FoodPunchh also will provide users' email information to third parties, so that those third parties may directly contact users about additional products and services. If a user wishes to opt-out of receiving marketing materials from FoodPunchh or having their email information provided to third parties at any time after registration, users may do so by going to your account settings or contacting us using the contact information below. Even after opting-out, a user may continue to receive marketing emails from third parties to whom FoodPunchh already has provided the user's email information. Users will be responsible for directly contacting such third parties to request cessation of further marketing emails.
- Restaurants. Whenever a user places an order for food from a restaurant, FoodPunchh will transfer all information to the restaurant necessary for preparing and processing the order. On occasion, this may include transferring credit card and other payment information in cases where a restaurant, rather than FoodPunchh, is processing the payment. Users will need to contact restaurants directly to determine the privacy policies that apply to the information that FoodPunchh transfers to the restaurants.
- Third Party Service Providers. We may share your Personal Information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our Website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments, or enable such authorized service providers to interact directly with you to collect such information. These service providers may have access to Personal Information needed to perform their functions but are not permitted to share or use such information for any other purpose.
At times, we may look across multiple users to identify problems. In particular, we may examine your Personal Information to identify users using multiple user IDs or aliases. We may compare and review your Personal Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made on our Website, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.
PROMOTIONS: CONTESTS, GIVEAWAYS AND SURVEYS
EMAIL REFERRAL PROGRAM
FoodPunchh may offer users the ability to send friends emails about the Website. If a user chooses to use this feature, FoodPunchh will only use that user's friends' email addresses on a one-time basis to send the email requested by the user.
THIRD PARTY WEBSITES
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
Our Website is hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing our Website from other jurisdictions, please be advised that you are transferring your Personal Information to us in the United States and, by using our Website, you consent to that transfer and to abide by the applicable state and federal laws concerning your use of the Website and your agreements with us. Any persons accessing our Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure different from those of the jurisdictions mentioned above may only use the Website in a manner lawful in their jurisdiction. If your use of our Website would be unlawful in your jurisdiction, please do not use the Website.
The Website is a general audience website and is not intended for children under 13 years of age. FoodPunchh does not knowingly collect personal information from children under 13.
We take security of your Personal Information seriously and uses certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of Personal Information that we collect and maintain. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot and do not guarantee that your information will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the website and/or the mobile app if a security breach occurs.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us once a year, free of charge, information about the Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of Personal Information that was shared and the names and addresses of all third parties with which we shared such information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer as listed below.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Send information, respond to inquiries, and/or other requests or questions
- Process orders and to send information and updates pertaining to orders
- We may also send you additional information related to your product and/or service
- Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
To be in accordance with CANSPAM we agree to the following:
- NOT use false, or misleading subjects or email addresses
- Identify the message as an advertisement in some reasonable way
- Include the physical address of our business or site headquarters
- Monitor third party email marketing services for compliance, if one is used
- Honor opt-out/unsubscribe requests quickly
- Allow users to unsubscribe by using the link at the bottom of each email
If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.