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Privacy Policy

Fooda, Inc. Privacy Policy
Last Updated: March 8, 2023 (Version 2.3)

Your privacy is important to us. Please read the following to learn more.

Fooda, Inc. (“Fooda”) is committed to protecting the privacy of users of its mobile application and websites (“Fooda Sites”) and food delivery services (“Services”). The following statement sets forth the privacy policy of the Fooda Sites and the manner in which we might use information that we learn about you through the Fooda Sites.

This Privacy Policy is incorporated by reference in the Fooda User Terms of Use https://www.fooda.com/terms-of-use, which are binding on all users of the Fooda Sites. By using the Fooda Sites, you consent to the collection and use of your personal information by Fooda in accordance with this Privacy Policy. If you do not agree to the terms of this Privacy Policy or the Fooda User Terms of Use, please do not use the Fooda Sites. If we decide to change our Privacy Policy, we will advise you of the changes through postings on the Fooda Sites, our social media sites, email or push notifications.

1. What does this Privacy Policy Cover?
This Privacy Policy covers how Fooda treats personally identifiable information that it collects and receives through the Fooda Sites. Personally identifiable information is information specific to you that can identify you specifically (e.g., your name, address, e-mail address, or phone number) and is not otherwise publicly available (“personal information”).

This Privacy Policy does not cover, supersede or affect the terms of any policy or agreement between you and any third party (such as our third party credit card processors, Facebook, LinkedIn, our partners, advertisers, vendors or other third parties who appear on the Fooda Sites or who link to or from the Fooda Sites and other parties with whom you share personal information) (“Third Party Sites”). If you choose to do business with or provide personal information to such Third Party Sites, you do so entirely at your own risk and we have no responsibility or liability for the content and activities of these Third Party Sites. Nonetheless, we seek to protect the integrity of the Fooda Sites and welcome any feedback about these Third Party Sites (including if a specific link does not work).

2. What information do we collect, and how is it used and shared?
Category of Personal Information Collected Source Purpose for Collection Categories of Recipients
Contact information: Name, address and other personal information, email addresses, mobile and other telephone numbers, instant messaging ("IM") addresses, age and date of birth, and product and restaurant preferences. Provided by users when they register with and/or place orders on the Fooda Sites. Such information may also be collected when you communicate with us or our representatives and if you participate in market research or surveys. To communicate with and respond to users about the Fooda Sites and Services, including administration of promotions and validation of identity or to meet legal obligations. We also use it to provide advertising that is relevant to you. We may share this information with restaurants. We may also share it with marketing or other service providers and partners.

If your employer pays for some portion of your food purchase, upon request we will provide reporting to the employer.
Browsing information: Page views, computer IP addresses, MAC address, session identifiers, location information, and other statistics in the form of logs to track user activities. We may collect your browser-type, operating system and other software or hardware information. Through the use of cookies and other tracking technologies explained further below. To infer user interests, and to otherwise induce, deduce, and gather information about individual users and market segments, including but not limited to geographic information. We use this to provide tailored advertising to you. We also use this information to enhance the technical performance of the Fooda Sites and to protect the security and integrity of the Fooda Sites and our business, such as preventing fraud, hacking, and other criminal activity or to meet legal obligations. Our service providers who help us with fraud protection and website analytics.
Payment information: name, card issuer and card type, credit or debit card number, expiration date, CVV code, and billing address. From our clients and their payment card issuers. Authorizing of credit card and other financial transactions for our clients and their customers. Our service providers who process payments for us — they are prohibited from using personal information for any other purposes and are contractually required to comply with all applicable laws and requirements, which includes the Payment Card Industry Data Security standards.
Suspected crime information: details of your identity, image, name and address, suspected or alleged thefts, fraud, assault or other criminal behavior. From crime and fraud prevention agencies, from you, witnesses, and from the police. To respond to subpoenas, search warrants, judicial proceedings, court orders, legal process, or other law enforcement measures, to establish or exercise our legal rights, or to defend against legal claims.

To investigate, prevent, or take action regarding alleged or actual illegal activities, violations of the Fooda User Terms of Use, Privacy Policy, or as otherwise required by law.
Law enforcement and other governmental authorities in accordance with applicable law, and our professional advisors.


Business Transactions: If we sell our company, or otherwise transfer any assets of our company (including due to a sale in connection with a bankruptcy), we may provide your personal information to the purchaser for use by such purchaser.

Aggregate Information: Occasionally, we may share, sell or rent aggregated market research data with third party partners and vendors.

3. Do Not Track (DNT)
This is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium, or W3C, has not yet established universal standards for recognizable DNT signals, and therefore Fooda and the Fooda Sites do not recognize DNT.

4. Customer Communication
Our customer service representatives may use your telephone numbers, e-mail addresses and IM addresses to notify you of the status of your order and for other purposes, such as quality assurance, product safety and customer service matters.

We may also use the information collected to send special offers from Fooda Sites and on behalf of third party partners or vendors (including restaurants), via email, postal mail, IM or other means. Third party partners and vendors may also send you offers of potential interest.

5. Cookies, Online Advertising, and Mobile Location Data
Use of Cookies. We use "cookies" (small text files stored in your internet browser) or similar technologies to enhance your ordering experience. Cookies are capable of storing many types of data and may be placed on your browser by us or by a third party. Cookies allow our users to order faster and more efficiently by storing information such as your location, order information and personal preferences, and by permitting you to avoid having to log in more than once during a Fooda Sites visit. We may also use and read cookies for other purposes, including to collect information on how the Fooda Sites are used, to determine whether you have registered on or visited any of the Fooda Sites or our partners' websites, to improve performance for our users, to measure the effectiveness of our advertising and links on other websites, and to provide you with information of potential interest to you. This may include using information about your use of the Fooda Sites in conjunction with personal information that you have volunteered to us on one of our sites. Other technologies, such as image tags, may be used in conjunction with cookies. Image tags (also called clear GIFs or single-pixel GIFs) are small image files that may be located on Fooda Sites, or within web-based emails that we may send, to track your usage and access to features on the Fooda Sites.

When you visit the Fooda Sites, third party vendors and advertisers also place or read cookies on your internet browser. This is a common practice on the internet; these cookies may be used to determine whether you have visited other websites, to measure the effectiveness of advertising and links on other websites, and to provide you with information of potential interest to you, among other purposes. This is not an exhaustive list of all uses of cookies on the Fooda Sites. Most web browsers are set up to accept cookies. You can, however, set your browser to refuse all cookies or to indicate when a cookie is being sent. Note, however, that some portions of the Fooda Sites may not work properly if you refuse cookies. In addition, cookies can be easily and safely deleted from your system. See your browser’s help section for instructions.

One tool we use is Google Analytics. To learn how Google Analytics collects and processes data, please visit: “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners.

Online advertising. If you prefer to not receive targeted advertising, you can opt out of some network advertising programs that use your information. These network advertising programs may allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. To find out more, look for icons or other information displayed in the ads. To opt out of receiving interest-based advertising from third parties, click on both of the following links:
Mobile location information. When you use our website on your mobile device, you may choose not to share your location with us by adjusting the device’s location services settings. For instructions on changing the relevant settings, please contact your plan provider or device manufacturer. For more information on opting out on mobile devices, you may also visit:
6. Security Information
We use industry standard encryption technologies, such as 2048-bit SSL Secure Sockets Layer with TLS Encryption, when transferring and receiving personal information on the Fooda Sites. However, no commercial method of information transfer over the Internet or electronic data storage is known to be 100% secure. As a result, we cannot guarantee the absolute security of that information during its transmission or its storage in our systems.

7. How to Opt Out of Information Collection or Correct or Update Information.
You may opt out of information collection at any time by uninstalling any apps that we may offer from all of your devices, and/or by deactivating any account you may have created by contacting customer service. You can correct or update your personal information by re-registering, updating your profile, or by contacting us by electronic-mail at [email protected] or sending a written request to the address set forth in Section 12 below. However, we will maintain copies of your information to the extent retained as part of our standard backup/archive process. In addition, these procedures will not remove any of your information that you have provided to other users or third parties, or that has been collected from you by third parties linked from the Fooda Sites or Services. For more information on how to opt-out of interest-based advertising and the collection of location information through our app, please see Section 5, above.

8. Do you collect information from other sources?
We may also supplement the information that we collect with information with other sources, such as page view information, credit history and similar information from credit bureaus and information that you may make available from social media such as Facebook and Twitter.

9. Is my information transferred to other countries?
It is important to note that the Fooda Sites and Services are offered under United States law. If you are not in the United States, you understand and agree that we may transfer to and store your personal information in the United States, which—depending on where you are located—may not be viewed as having the same data protections as the country where you reside. We may also transfer your information to other countries, which may have different data protections laws from the United States. By using the Fooda Sites or Services and/or providing us with your visitor information, you consent to such transfers.

10. Children’s Privacy
The Fooda Sites and Services are not designed for, or directed at, children eighteen (18) years of age or younger. It is not our policy to intentionally collect or maintain information about anyone under the age of eighteen (18). No one under the age of eighteen (18) is permitted to submit any personal information to Fooda. If you learn that anyone under the age of eighteen (18) has submitted personal information to Food, please contact us immediately.

11. Your California Privacy Rights
Under the law of certain states, including California Civil Code § 1798.83, you are entitled once per calendar year to obtain information from us about who your personal information has been shared with for their own direct marketing purposes. In order to obtain this information, or for other questions or comments regarding our privacy policies, you may contact us as described below.

If you are a California resident, California law provides you with the following additional rights with respect to your personal information:
  • The right to know what personal information we have collected, used, disclosed and sold about you. To submit a request to know, you may call us at 833-947-0750 or visit fooda.com/contact-us. You also may designate an authorized agent to make a request for access on your behalf on our website at fooda.com/contact-us.
  • The right to request that we delete any personal information we have collected about you. To submit a request for deletion, you may call us at 833-947-0750 or visit fooda.com/contact-us. You also may designate an authorized agent to make a request for deletion on your behalf on our website at fooda.com/contact-us.

When you exercise these rights and submit a request to us, we will verify your identity by asking you for your email address, telephone number, information about your company’s contract with Fooda, or the last four digits of a credit or debit card used at Fooda. We also may use a third party verification provider to verify your identity.

Your exercise of these rights will have no adverse effect on the price and quality of our goods or services.

For the 12-month period prior to the date of this Privacy Policy, Fooda has not sold any personal information about California residents; nor does it have any plans to do so in the future.

12. Contact Us
If there are any questions regarding this Privacy Policy or to request a copy of this Privacy Policy in another format you may contact us using the information below:

Fooda.com
c/o Privacy Policy
1 N Dearborn Street, Ste 600
Chicago, IL 60602

[email protected]