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Privacy Policy

Fooda, Inc. Privacy Policy
Last Updated: September 26, 2024 (Version 3.0)

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

Fooda, Inc. (“Fooda”) provides food delivery services in the U.S. (“Services”) to users of its mobile application and websites (“Fooda Sites”). This Privacy Policy explains how we collect, use, and store information that we learn about you when you use the Fooda Sites.

This Privacy Policy is incorporated by reference into 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 make material changes to our Privacy Policy, we will advise you of the changes through postings on the Fooda Sites.

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 or describe 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) (“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.

2. What information do we collect, why, 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 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 about Fooda services. 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 you - which is directly collected by our payment processors — we do not collect or store this info. We receive the last four digits from the processors to identify transactions. 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, name and address, suspected or alleged fraud 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, de-identified market research data with third party partners and vendors.

3. 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.

4. 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 browsing and 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.

5. Blocking or Deleting Cookies
  1. Global Privacy Control (GPC)
  2. GPC is a browser setting that allows users to automatically send opt-out signals to sites indicating that they do not want their data sold or shared for targeting advertising. Fooda honors GPC settings.

  3. Do Not Share or Sell.
  4. Under several state laws, you have the right to opt out of the use of your browsing history on the Fooda Sites for the purpose of online behavioral advertising (“OBA”). OBA is the targeting of advertising to you based on your online behavior across websites over time. It does not include “retargeting,” which is when we cause you to see ads for our service after your have seen one of our ads or visited our site. To exercise this opt-out right, click on the Your Privacy Choices link on the Fooda Sites.

  5. Targeted Advertising Network Opt-Outs.
  6. If you prefer to not receive targeted advertising on any websites, you can opt out of some network advertising programs that use your information. To opt out of receiving interest-based advertising from third parties, click on both of the following links:
  7. Do-Not Track (DNT)
  8. DNT is a privacy preference that users can set in some web browsers, allowing users to opt out of all tracking (not just OBA) 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. We do, however, recognize GPC.

6. 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 more information on mobile device opt-outs click here: https://thenai.org/opt-out/mobile-opt-out/.

7. 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. Personal information is stored using industry standard AES-256 encryption. 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.

8. The Fooda Sites and Services are offered under United States law
We do not facilitate food delivery outside of the U.S. If you are not in the United States, and are using the Fooda Sites, 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. By using the Fooda Sites or Services and/or providing us with your visitor information, you consent to such transfers.

9. Children’s Privacy
The Fooda Sites and Services are not designed for, or directed at, anyone 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 at [email protected].

10. Your Privacy Rights Under State Laws
Under the law of several states (California, Colorado, Connecticut, Delaware, Iowa, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Vermont, and Virginia) residents have or soon will have some or all of the following Rights:
  1. The right to know what personal information we have collected, used, or disclosed (including sold) to third parties.
  2. The right to opt out of this collection, use, and disclosure, including deletion.
  3. The right to access the personal information we have about you.
  4. The right to correct it.
  5. The right to data portability (not relevant to our Services).
  6. The right to limit the use and disclosure of sensitive personal information, such as credit card data (not relevant here because we do not use or disclosure this personal information for profiling purposes).

To exercise your right to opt-out of the use of your data for OBA, see Section 5 above.

To exercise your rights to know, access, correct, and delete information that we have in our possession, please email us at [email protected] or fill out the Data Subject Access Request Form linked here.

We do not use your credit card information for any purpose other than providing the services you requested, except that we may use the last four digits of your card number to verify your identification. We never have access to the first twelve digits.

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.

11. Information Correction and Deletion Through Account Access and Deletion; Data Retained
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 email 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.

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]