Effective Date: November 29, 2022
Please read this Policy carefully. If you do not want us to collect, use or disclose your personal information in the ways described in this Policy, please do not use our Platform, provide us with personal information or authorize a third party to make your personal information available to us. By using our Platform, you acknowledge that you understand that we may use your personal information as described in this Policy. Please note, as described in this Policy, we may receive your personal information from third parties that have not expressly told you that they will provide your personal information to us. If you have any questions about how we collect, use, protect or disclose your personal information, please contact us by email at email@example.com.
We are committed to protecting your personal information. We maintain commercially reasonable safeguards to maintain the security and privacy of personal information we collect and use in connection with our Platform, which may include, without limitation, the use of encryption to protect personal information being sent to and received on our Platform. Nevertheless, when disclosing personal information, you should remain mindful that there is an inherent risk in transmitting information via email and the internet. Your personal information could be intercepted without our knowledge or consent, collected illegally and/or used by third parties that are not affiliated with and/or controlled by us. We cannot guarantee the security of any information, including your personal information, and any information you disclose is at your own risk.
Personal information we collect:
We, and third-party partners who provide services on our behalf, collect personal information to provide and improve our Platform, conduct our business operations, to communicate with people and to enable visitors to our Websites and Apps to enjoy and easily navigate them.
Depending on where you are located and how you interact with our Platform, we, and/or our third party partners who provide services on our behalf, may collect the following categories of personal information about you:
- Identifiers and contact information, such as your real name, alias, email address, telephone number, postal address, physical address, unique personal identifier, online, identifier, Internet Protocol address, email address, account name and other similar information;
- Demographic information, such as your age and other similar information;
- Financial information, such as your credit card number, debit card number and other similar information;
- Commercial information, such as records of personal property, products or services you purchased or considered, your other purchasing or consuming histories or tendencies and other similar information;
- Internet or other similar network activity, such as your browsing history, search history, interactions with the online portions of our Platform and online advertisements and other similar information;
- Geolocation data, such as your physical location or movements;
- Sensory data such as your personal information collected through audio;
- Inferences drawn from other personal information we collect, such as a profile reflecting your preferences, characteristics and other similar information; and
- Other information you provide to us.
Other information we collect
Depending on how you interact with our Platform, information that is automatically collected may include (without limitation):
- information about the device you use to access our Websites and Apps, such as the IP address, general geographic location, operating system, browser type, language preferences, mobile phone number, device identifier and other similar information associated with a device used to access or interact with our Platform;
- information about interactions with our Websites and Apps, such as links that are clicked, pages or screens that are viewed, access and session times, interactions with emails we send and other similar information associated with interactions with our Websites and Apps;
- information about internet and network activity, such as websites visited, search engine results and similar information associated with a device that accesses or interacts with our Websites or Apps;
- other information automatically collected by cookies and other technologies on our Websites and Apps; and
- any other information that a browser or device automatically sends whenever connected to a website or an online application.
How we collect your personal information from you
We, and our third party partners who provide services on our behalf, collect personal information directly from you through your interaction with and use of our Platform, including, without limitation, when you:
- place an order and/or make a payment;
- register an account;
- sign up for our mailing list;
- login through social networks and/or authentication services;
- respond to a survey or communication such as email;
- provide feedback;
- interact with us through our Platform, including, without limitation, on Third Party Sites;
- enter a contest or sweepstakes; or
- participate in another feature on our Sites.
Some of the information we request with respect to certain features of our Platform may not be required, however, we will let you know if specific personal information is required to use those features. If you do not provide us with the personal information required to use a certain feature of our Platform, you will not be able to use that feature, especially those features where we are legally required to collect the personal information (e.g., collecting information about your age when you use the Platform to purchase age-restricted items) and those where it is impossible for the feature to operate without the required personal information (e.g., collecting your location, order information, and payment information for any orders you place through our Platform).
How we collect personal information from third parties
We may obtain information (which may include personal information) about you from sources that are not us, including, without limitation, online and offline sources, social media platforms, advertising networks, or other public or commercial sources (collectively, "Third Party Services"). When you access our Websites and Apps through certain Third Party Services, associate your use of our Platform with certain Third Party Services, or share our content via certain Third Party Services, you acknowledge that you are authorizing us to collect, store, share and use any content and information we receive from those Third Party Services about you (including any personal information) in accordance with this Policy. We may combine the content and information we receive from Third Party Services with any information we obtain about you in connection with your interaction with our Platform. In some cases, you may be able to revoke our access to content and other information we receive from certain Third Party Services, which may include social networking sites you connect to through our Platform, by changing the appropriate settings for your account with the applicable Third Party Services.
Some features of our Platform may provide you with the ability to register and sign in through certain Third Party Services you already utilize, such as Google, Facebook or Apple. In these instances, you will use your username and password associated with the applicable Third Party Service. When you use this option, we gather the data necessary to create an account on our Platform from the Third Party Service, which may include, without limitation, your name, email address, IP address, device model, device operating system and web browser. We may also store and utilize the following attributes: time zone, carrier, screen size, processor cores, total disk space and remaining disk space. Your data associated with the applicable Third Party Service will not be sold, redisclosed or edited through this process. Your ability to use this option may be limited where the applicable Third Party Service requires you to use a device or operating system that meets the Third Party Service's requirements. Please note, by using this option, the applicable Third Party Service will know that you are signing into our Platform and that you are a user of our Platform.
We may obtain information (which may include personal information) from certain third parties through or in connection with the operation of our Platform. These third parties may include our business partners, hosting providers, and other third-party partners that provide services on our behalf in connection with the operation of our Platform (collectively, "Operational Service Providers").
We may also obtain information (which may include personal information) about you from other third parties, such as other users of our Platform and those that refer you to our Platform.
How information is automatically collected
We, and our third-party partners that provide services on our behalf, may collect certain information automatically when you interact with our Platform. We use this information to assist in systems administration, information security and abuse prevention, to track user trends, to analyze the effectiveness of our Platform, to determine what features on our Platform are popular, and to improve our Platform. This information, by itself, generally does not identify the specific person using the computer or mobile device that generated it. This means that this information usually will not be considered personal information and our use of such information is not covered by this Policy. However, if the information we collect is considered personal information under applicable laws, or if we link this information directly with other personal information or other information that could identify a specific person, we will treat the linked information as personal information and use it in accordance with this Policy. This information may include, without limitation:
- information about the device you use to access our Websites, Apps and their associated software;
- IP address;
- browser type;
- the pages you visit on our Websites and Apps;
- the website you visited before coming to our Websites;
- various ways you engage with our Websites and Apps, including, without limitation, the features you use on our Websites and Apps;
- information related to the delivery, open rates, click rates, bounces, unsubscribes, and other information about your interaction with emails and other messages we send to you; and
- the date and time you access our Websites and Apps.
The primary ways we collect this type of information are:
- Our systems ? when you access our Websites and Apps, our systems automatically record certain information that your browser or devices sends whenever you visit a website or utilize an application as well as information about how long your device is connected to our Websites or Apps and the activities that device engages in while connected;
- Other tracking technologies ? we may automatically collect information using web beacons, clear gifs, pixel tags or other similar technologies. These technologies are electronic images that may be used on or in connection with our Platform, including, without limitation, in emails we send. We may use these technologies to deliver cookies, count visits, understand usage and observe data on email delivery, open rates, click rates, bounces, unsubscribes and other information.
- Third party analytics ? we may use analytics tools, including, without limitation, third party cookies, provided through certain Third Party Services on our Websites and Apps, such as the following:
Please note that we have not yet developed a response to browser "Do Not Track" signals, and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to "Do Not Track" signals in light of industry developments or legal changes.
How we use your information
We use the personal information we collect for various purposes to operate and improve our Platform. Our primary purposes for which we use the personal information we, or our third party partners who provide services on our behalf, are:
- Operational Purposes ? we may use your personal information for various operational and other non-marketing purposes, including, without limitation:
- operating our Platform;
- fulfilling your requests and orders;
- processing your registration on our Platform, including, without limitation, validating your identity;
- improving the content and functionality of our Platform;
- contacting you with information about your orders or requests;
- conducting data analysis and customer research, including, without limitation, conducting statistical or demographic analysis;
- auditing and fraud prevention;
- providing customer support and services;
- carrying out our obligations and enforcing our rights arising from any contracts we have entered into, including, without limitation, any contracts between you and us;
- sending you emails and other communications to provide you with alerts and updates about your engagement with our Platform;
- complying with legal and regulatory requirements;
- customizing your experience on our Platform;
- cooperating with law enforcement or other governmental agencies for purposes of investigations, national security, public safety or matters of public importance when we believe that the disclosure of personal information is necessary or appropriate to protect the interest;
- carrying out activities you authorize or instruct us to do; and
- engaging in other business purposes permitted under applicable law.
- Marketing Purposes ? we may, either on our own or jointly with our third party marketing partners ("Marketing Partners"), use the personal information we collect for marketing purposes, including notifying you of special promotions, opportunities, offers and events via push notifications, email, text messages and other means, all subject to our compliance with applicable laws ("Marketing Purposes"). We may also link personal information (including your name, mobile phone number, and email address) with other information (including information we automatically collect as described in this Policy) and use such linked information for Marketing Purposes. Our Marketing Purposes may include using personal information collected through cookies and other tracking technologies to facilitate the delivery of targeted ads, promotions and offers to you, on behalf of ourselves and our Marketing Partners on and off our Sites. If you do not want us to use your personal information for marketing purposes, you may opt-out in accordance with the "How to manage your personal information" section below.
We will not collect additional categories of personal information or use the personal information we collect in connection with our Platform for materially different, unrelated or incompatible purposes without providing you notice.
Please note, we may use and disclose aggregated, anonymized or de-identified information collected in connection with our Platform and other information that does not identify any individual ("Anonymized Data"). Except as otherwise required under applicable laws, our use and disclosure of such Anonymized Data is not subject to this Policy.
How we share your information:
For business purposes, we may share certain personal information we collect in connection with our Platform from and about you, and about your relationship with us, with certain third parties. Doing so allows us to operate our Platform. This section describes the categories of third parties we may share your personal information with and the purposes for that sharing:
- Operational Service Providers ? your personal information may be shared with, or collected on our behalf, by our Operational Service Providers in connection with the services they provide to us, including, without limitation, order delivery, marketing, data hosting, payment processing, and fraud protection and prevention. We require these Operational Service Providers to exercise reasonable care to protect your personal information and restrict their use of your personal information to the purposes for which it was provided to them.
- Transactional Third Parties ? we may share your personal information with unrelated third parties who must receive your personal information to enable us to fulfill any orders you place through the Platform, such as the restaurant you order from. This information may include, without limitation, your food order, name, delivery address, telephone number and email address. We require these third parties to exercise reasonable care to protect your personal information and restrict their use of your personal information to the purposes for which it was provided.
- Affiliated Companies ? we may provide your personal information to our affiliated companies for purposes related to our operations, including, without limitation, to operate our Platform; to process, fulfill or administer orders you place through the Platform; and to market or promote our Platform. Unless we inform you otherwise, our affiliated companies will use your personal information in accordance with this Policy.
- Marketing Partners ? we may provide our Marketing Partners with certain personal information collected through cookies and other tracking technologies to facilitate the delivery of targeted ads, promotions and offers to you, on behalf of ourselves and our Marketing Partners, on and off our Platform.
- Compliance with Laws and Law Enforcement ? we cooperate with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any personal information and other information to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to and defend against legal claims, for legal process (including subpoenas), to protect our property and rights or those of a third party, to protect us against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive or legally actionable activity, to protect the security and integrity of our Platform and any equipment used to make our Platform available or to comply with applicable law.
- As Directed by You ? upon your consent and/or pursuant to your instructions, we will share your personal information with others.
How third parties may collect information
Based on the nature of our Platform, third parties may collect information from or about you through or in connection with our Platform. In addition to other information provided in this Policy, including, without limitation, the section titled "How information is automatically collected", this section describes categories of third parties that may collect information about you through or in connection with our Platform.
- Linked Third Party Content ? any links to other websites, applications or other third party content on our Platform, are not an endorsement, authorization or representation of our affiliation with that third party and we are not responsible for the content, privacy and security policies and practices of any third party. We encourage you to read the privacy policies or statements applicable to any third party websites, applications or content you access.
How to manage your personal information
We offer you several choices with respect to how we use your personal information. This section describes the mechanisms available to you to control the personal information we use about you in connection with our Platform.
- Updating your personal information ? if you want to update any personal information you have provided us, update your preferences, or otherwise contact us about our use of your personal information, you can:
- update your account information, such as your name, email address and phone number on the My Account information page, available at https://eatstreet.com/account/info;
- contact us using the applicable contact information provided on our Contact Us page, available at https://eatstreet.com/contact;
- contact us by mail at 44 E Mifflin ST, STE 400, Madison, Wisconsin 53703; or
- email us at firstname.lastname@example.org.
- Tools for Communications ? to manage the communications we send to you:
- For email communications you receive from us, you can opt-out of receiving such communications by following the unsubscribe instructions contained in most email message from us. Your unsubscribe request or email preference changes will be processed promptly, though this process may take several days. During that processing period, you may receive additional emails from us. Please note, opting out of email communications will only apply to marketing and other promotional emails and will not apply to any email or other communications sent for non-marketing purposes, including, but not limited to, emails and other communications about your orders and other interactions with our Platform.
- For push notifications delivered on your mobile device through our Apps, you can unsubscribe by updating the system settings on your device to prevent our Apps from providing push notifications or by uninstalling our Apps from your mobile device.
- Targeted Advertising ? if you do not want us to use your personal information to deliver targeted advertisements to you according to our target audience preferences, you can opt out by sending us an email with your request to email@example.com. We do not control third parties' collection or use of your personal information to serve interest-based advertising. However, these third parties, which may include our Marketing Partners, may provide you with ways to choose not to have your personal information used to deliver targeted to you according to their target audience preferences. You can opt out of receiving targeted ads from members of the Network Advertising Initiative on their website, located at https://www.networkadvertising.org, and from members of the Digital Advertising Alliance on their website, located https://youradchoices.com. Please note, even if you opt out from receiving targeted advertisements, you may still see advertisements based on factors such as your general location derived from your IP address, your browser type and your search terms.
EatStreet does not direct or target any piece of our Sites or services to children under the age of 13. If you believe a child has provided us with personal information other than an email address, please contact us at firstname.lastname@example.org. We will make reasonable efforts to remove such information from our databases.
California Privacy Rights
If you are a California resident, California law provides you with certain rights with respect to your personal information. Please note, if you are not a California resident, the rights in this section do not apply to you.
California's Shine the Light Law
Under California's Shine the Light Law (California Civil Code Section 1798.83) you have the right to request the following information regarding our disclosure of your personal information to third parties for direct marketing purposes: (i) the categories of personal information we disclosed to third parties for their direct marketing purposes during the preceding calendar year; (ii) the names and addresses of the third parties that received the information; and (iii) if the nature of the third party's business cannot be determined from their name, examples of the products or services they marketed. This information may be provided in a standardized form that is not specific to you.
You are permitted to obtain this information from us once a year, free of charge. To make such a request, please submit your request in writing to:
Attn: CA Privacy Rights Request
44 E Mifflin ST, STE 400
Madison, WI 53703
California Consumer Privacy Act
Under the California Consumer Privacy Act ("CCPA"), California residents have certain rights regarding the personal information businesses collect about them. The rights described in this section applies only to individuals residing in the State of California who are considered "Consumers" under the CCPA and from whom we collect "Personal Information" as described in the CCPA (excluding EatStreet's employees, employee applicants, and contractors, "Consumers"). Without limiting the foregoing, "Personal Information" does not include, among other things, information that is publicly available from government records, deidentified or aggregated consumer information or information that is used in connection with certain sector-specific privacy laws, including, without limitation, the Fair Credit Reporting Act (FCRA).
If you are a California employee, employee applicant, or contractor, please refer to the EatStreet Privacy Notice for California Consumers/Employees, available at https://eatstreet.com/ccpa-employees, for a description of EatStreet's privacy practices in that context.
Information We Collect
We may collect Personal Information from you in a variety of different situations, including, but not limited to on our Websites and Apps, from your computer or mobile device, through email, in physical locations, through the mail, and/or over the telephone. More specifically, EatStreet collects the following categories of Personal Information from Consumers, which will depend on the particular Business Purpose (listed below) for which we collect it:
|Category||Examples of Personal Information Collected|
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code ? 1798.80(e)). Note: Some personal information included in this category may overlap with other categories.||A name, address, telephone number, credit card number, debit card number.|
|C. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.|
|D. Internet or other similar network activity.||Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.|
|E. Geolocation data.||Physical location or movements.|
|F. Sensory data.||Audio|
|G. Inferences drawn from other personal information.||Profile reflecting a person's preferences, characteristics.|
EatStreet obtains the categories of Personal Information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or products and services you purchase.
- Indirectly from you. For example, from observing your actions on our Websites or Apps, from information your computer or mobile device transmits when interacting with our Websites or Apps, Third Party Services, Operational Service Providers, and other sources described in this Policy.
Business and Commercial Purposes for Collection of Personal Information
We collect the categories of Personal Information identified above for the business and commercial purposes specified in this Policy, including, without limitation, those set forth in the section titled "How we use your information" above.
Categories of Third Party Disclosures of Personal Information
We disclose the categories of Personal Information identified above to the categories of third parties specified in this Policy, including, without limitation, those set forth in the section titled "`How we share your information" above.
In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose:
- Category A: Identifiers.
- Category B: California Customer Records personal information categories.
- Category C: Commercial information.
- Category D: Internet or other similar network activity.
- Category E: Geolocation data.
- Category F: Sensory data.
- Category G: Inferences drawn from other personal information.
Sales of Personal Information
In the preceding 12 months, we have not sold personal information.
Your Consumer Rights and Choices
The CCPA provides Consumers with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that EatStreet disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business or commercial purpose for collecting that Personal Information.
- The categories of third parties with whom we share that Personal Information.
- The specific pieces of Personal Information we collected about you.
Deletion Request Rights
You have the right to request that EatStreet delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete your Personal Information from our records, unless an exception applies. In accordance with the CCPA, we may deny your deletion request under certain circumstances, and will inform you of the basis for the denial, which may include, but is not limited to, if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by:
- emailing us at email@example.com firstname.lastname@example.org; or
- completing the "Exercising Your Rights" form below
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. [You may also make a verifiable consumer request on behalf of your minor child.]
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative.
- 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 relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account.
We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to an additional 45 days), we will inform you of the reason and extension period in writing.
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.
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.
If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Exercising your rights
Right to Non-Discrimination
We will not discriminate against you for exercising any of your rights under the CCPA. Unless permitted by the CCPA, we will not:
- deny you goods or services;
- charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- provide you a different level or quality of goods or services; or
- suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain 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.
Out Platform is solely intended for use by individuals located within certain portions of the United States where the services provided through our Platform are available. Personal information collected in connection with the use and operation of our Platform is stored and processed in the United States. If you access or use our Platform or otherwise engage with us from outside the United States, you expressly consent to any transfer of your personal information outside of such country to the United States. Please note, the United States has not been assessed as having adequate privacy laws by some countries and economic regions.
Changes and Updates to this Policy
Because the methods used to protect your personal information and the services we provide are continually evolving, this Policy may change at any time. Unless otherwise noted, those changes will be effective as soon as they are posted. If changes are made to this Policy, we will make it known on our Platform or by email and will indicate the last date it was updated above. Please check back periodically to see if our Policy has been updated.
Your continued use of our Platform after any changes to this Policy become effective, constitutes your continued acknowledgement that you understand that we may continue to use your personal information as described in this Policy.
Questions or Comments should be directed to:
44 E Mifflin ST, STE 400
Madison, WI 53703