Privacy Policy - xtraCHEF

Effective Date: April 13, 2020

Xtra Chef, Inc., (“xtraCHEF,” “we,” “our,” or “us”) is committed to protecting your privacy.

This privacy policy explains how we collect, use, and share your personal information in connection all the services that we offer on our own behalf, including the websites and mobile applications that post or link to this Privacy Policy (the “Sites”), and our product offerings (collectively, our “Service”).

Please note that this privacy policy does not cover or apply to our processing of information about our employees or contractors. We may also provide you with additional privacy policies or disclosures where the scope of the inquiry, request, or personal information we require falls outside the scope of this privacy policy. In that case, the additional privacy policy or disclosures will govern how we may process the information you provide at that time.

BY PROVIDING US WITH YOUR PERSONAL INFORMATION OR OTHERWISE USING OUR SERVICES, YOU AGREE TO THE TERMS OF THIS PRIVACY NOTICE AND OUR TERMS OF SERVICE.

Click on the links below to jump to each section:

1. PERSONAL INFORMATION WE COLLECT AND OUR USE

When we use the term “personal information,” we mean any information that can be used to identify you, directly or indirectly, as an individual person.

We collect your information from a variety of sources:

A. Information You Provide to Us.

We collect and use personal information you provide to use in the following ways:

Communications. If you communicate with us through any paper or electronic form, we collect your contact information, such as your name, address, email address and phone number, the content of the communication and the metadata associated with the communication. We use this information to investigate and respond to your inquiries and to communicate with you, including through the website or by email, mail, phone, text message, push notification, chat or any other paper or electronic form.
Newsletters. If you sign up to receive news or alerts from us or register for an account, we collect your contact information, applicable interests and communication preferences in order to send you regular updates about the Service. We use this information to manage our communications with you and send you information about products and services we think may be of interest to you. If you wish to stop receiving email messages from us, please see the “Privacy Choices” section below.
Registering and Subscribing. If you register for an account or subscribe to our Service, we will collect your contact, registration and billing information, including your name, payment information, physical address, email address, username and password, and information about your restaurant. We use this information to complete your transaction, manage your subscription, communicate with you about your subscription and for customer support purposes.
Ordering. If you purchase a product through our services, we will collect your contact, shipping and billing information, including your name, physical address and email address. We will use this information to complete your transaction, fulfill your order, communicate with you about your order, ship you the product you ordered and for customer support purposes.
We use third party payment processors to process payments made to us. In connection with the processing of such payments, we do not retain any personally identifiable financial information such as credit card numbers. Rather, all such information is provided directly to our third-party processor, PayPal (the “Payment Processor”). The Payment Processor’s use of your personal data is governed by their privacy policy, which may be viewed at the following web address: https://www.paypal.com/us/webapps/mpp/ua/privacy-full
Employment Applications. If you apply for employment, we collect your contact and demographic information, educational and work history, employment interests, information obtained during interviews and any other information you choose to provide. We use this information to evaluate your candidacy for employment, to communicate with you during the application process and to facilitate the onboarding process.
Events, Surveys, Contests, Sweepstakes, or Referral Programs. If you fill out any forms relating to xtraCHEF events, surveys, contests, sweepstakes, or sign up for referral programs, we collect your contact and demographic information, and any other information requested on the form or at sign up. We use this information to fulfill the purpose of the form or sign up, facilitate the event, contest, survey, contest, sweepstakes, and referral program, and to inform you about future programs that may be of interest to you.
xtraCHEF User Support. If you contact our customer support or file a support claim with us, we collect information about your account, your device, information relating to your user support requests and any other information you choose to provide. We use this information to administer your account and to evaluate and respond to your request.
User Content. We collect information about how you use the Service, your actions on the Service, and content you post or upload to the Service, including images you capture through your smartphone such as invoice scans and related items, and any videos or other content you provide through in-app messages, chat, or other functionality (“User Content”). To share photos and videos, we will access your device camera roll and camera with your permission. If you need to update your permissions, you can do so in the “Settings” app of your device. Please remember that xtraCHEF may, but has no obligation to, monitor, record, and store User Content in order to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, or to protect and defend our rights and property. By using the Service, you consent to the recording, storage, and disclosure of such communications you send or receive for these purposes.

B. Information from Third Party Sources.

We may receive personal information about you from our business partners and service providers and combine this information with other information we collect from or about you. The third parties may include our hospitality industry partners, technology providers, social networks, website operators, payment processors, marketing partners, shipping providers, data providers, job application platforms, references, background check providers and recruiters. The information may include contact information, demographic information, interests, information about your orders, educational and professional history, background checks and performance reviews. We use this information to administer and facilitate our Service, process your orders, conduct marketing activities, and discover and evaluation job candidates.

C. Information We Collect Automatically.

We use various technologies to collect information about the device or browser you use to navigate our Sites, or from your use of our Service, including web logs and usage data. As is true of many websites and email communications, we gather certain information automatically and store it in log files. This information may include IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and/or clickstream data. We use this data to analyze trends on our Sites, manage and administer the content, for security and availability of the Service, improve the performance of the Service, and for fraud protection and to protect our rights and the rights and safety of individuals.

D. Other Uses of Personal Information.

In addition to the uses described above, we may collect and use personal information for the following purposes:

To develop, maintain, improve and operate the Service.
To personalize your user experience.
To communicate with you to provide technical or administrative support.
To conduct, manage, and grow our organization.
To analyze, research, and investigate the use of our Service.
To prevent, investigate, and provide notice of fraud, unlawful or criminal activity, unauthorized access to or use of personal information, the Service or our data systems, and to meet legal, regulatory, judicial and institutional policy obligations.
To investigate and resolve disputes and security issues and to enforce our Terms of Service.
For any other lawful, legitimate business purpose.

2. HOW WE SHARE YOUR PERSONAL INFORMATION

We may share your personal information in the following ways:

Service Providers. We share personal information with third party service providers who perform services on our behalf, such as job application platforms, background check providers, recruiters, event coordinators, market research providers, advertising partners, and technology providers (including technology support providers, email communications providers, analytics providers, data storage providers, and web and video hosting providers and developers).
Business Partners. We may disclose personal information to our third-party business partners for marketing purposes, including to promote their products or services, or with whom we partner to provide events, contests, sweepstakes, or referral programs. We may also share your personal information with other third parties who may have products or services we think you may enjoy.
Regulatory or Legal Requirements, Safety and Terms Enforcement. We may disclose personal information to governmental regulatory authorities as required by law, including for tax or accounting purposes, in response to their requests for such information or to assist in investigations. We may also disclose personal information to third parties in connection with claims, disputes or litigation, when otherwise required by law, or if we determine its disclosure is necessary to protect the health and safety of you or any other person, to protect against fraud or credit risk, or to enforce our legal rights or contractual commitments that you have made.
Business Transfers. We may disclose personal information as part of an organizational business transaction, such as a merger, acquisition, joint venture, financing, or sale of organizational assets and may transfer personal information to a third party as one of the business assets in such a transaction. We may also disclose personal information in the event of insolvency, bankruptcy, or receivership.
At Your Request. We may disclose your information publicly or with another third party with your prior authorization.

3. HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES TO COLLECT INFORMATION

We, and our third-party partners, automatically collect certain types of usage information when you visit our Sites, read our emails, or otherwise engage with us online. We typically collect this information through a variety of tracking technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, file information, and similar technology (collectively, “tracking technologies”).

We, and our third-party partners, use tracking technologies to automatically collect usage and device information, such as:

Information about your device and its software, such as your IP address, browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to uniquely identify your browser or your account (including, for example, a persistent device identifier or an Ad ID), and other such information. We may also work with third-party partners to employ technologies, including the application of statistical modeling tools, which permit us to recognize and contact you across multiple devices.
When you access our Sites from a mobile device, we may collect unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google AdID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analyzing other information, like an IP address.
Information about the way you access and use our Sites, for example, the site from which you came and the site to which you are going when you leave our Sites, the pages you visit, the links you click, whether you open emails or click the links contained in emails, whether you access the Website from multiple devices, and other actions you take on the Sites.
We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the services and to understand more about the demographics of our Website visitors. You can learn more about Google’s practices at https://policies.google.com/technologies/partner-sites and view its opt-out options at https://tools.google.com/dlpage/gaoptout.
We use the data collected through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) identify you across multiple devices; (d) provide and monitor the effectiveness of our services; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our website; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our services.

4. THIRD-PARTY TRACKING AND ONLINE ADVERTISING

A. Online Advertising.

Interest-Based Advertising. We participate in interest-based advertising and use third-party advertising companies to serve you targeted advertisements based on your browsing history. We may share or we may permit third-party online advertising networks, social media companies, and other third-party services to collect information about your use of our website over time so that they may play or display ads on our Service, on other devices you may use, and on other websites, apps, or services, including on Facebook. Typically, though not always, the information we share is provided through cookies or similar tracking technologies, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the site, and other information. We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research.
Social Media Widgets and Advertising. Our Service may include social media features, such as the Facebook button, Google, LinkedIn, Snapchat, Instagram, Twitter, or other widgets. These social media companies may recognize you and collect information about your visit to our Service, and they may set a cookie or employ other tracking technologies. Your interactions with those features are governed by the privacy policies of those companies.
We display targeted advertising to you through social media platforms, such as Facebook, Twitter, Google, and others. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our Service while those users are on the social media platform or to groups of other users who share similar traits, such as likely commercial interests and demographics. These advertisements are governed by the privacy policies of those social media companies that provide them.
Cross-Device Linking. We, or our third-party partners, may link your various devices so that content you see on one device can result in relevant advertising on another device. We do this by collecting information about each device you use when you are logged in to our Service. We may also work with third-party partners who employ tracking technologies or the application of statistical modeling tools to determine if two or more devices are linked to a single user or household. We may share a common account identifier (such as an email address or user ID) with third-party advertising partners to help recognize you across devices. We, and our partners, can use this cross-device linkage to serve interest-based advertising and other personalized content to you across your devices, to perform analytics, and to measure the performance of our advertising campaigns.
Google Analytics and Advertising. We utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, the DoubleClick Campaign Manager Integration, Google Ads, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Service. You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by visiting NAI’s online resources at http://www.networkadvertising.org/choices.

B. Cookies and Other Tracking Technologies Opt-Out

We support the self-regulatory principles of the Digital Advertising Alliance (“DAA”). We work with advertisers, advertising networks, advertising servers, and analytics companies (“Ad Partners”) that use data collection technologies to understand how our Service are being used and to analyze your location and browsing history in order to deliver advertising relevant to your interests, as well as to provide advertising-related insights such as reporting, attribution, analytics, and market research. These advertisements may appear on our Service or other websites or services, including through social media networks. These Ad Partners may be able to associate devices across third party websites or services over time and link various devices used by the same individual.

For more information about how Ad Partners use the information collected by these technologies and your options for restricting cookies placed by some of these Ad Partners, please visit the DAA’s opt-out page. The DAA’s opt-outs are device- and browser-specific and may not work on all devices. If you choose to opt-out through the DAA’s tools it does not mean you will cease to see advertising. Rather, the ads you see will be based on the website you are visiting and not your interests.

You may also be able to limit interest-based advertising through the settings menu on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android). You may also be able to opt-out of some — but not all — interest-based advertising served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.

Please note that when you opt out of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on our online services. It means that the online ads that you do see from DAA program participants should not be based on your interests. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. In addition, third parties may still use cookies to collect information about your use of our online services, including for analytics and fraud prevention as well as any other purpose permitted under the DAA’s Principles.

5. PRIVACY CHOICES

You have some choices regarding how we use your personal information, including the following:

Access to Your Device Information. You may control the access to your device information through your “Settings” app on your device. For instance, you can withdraw permission for the Sites to access your geolocation, camera, and integrations with your other applications.
How to Control Your Email Communications Preferences. You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. You may not opt-out of Service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).
How to Control Push Notifications. You can stop receiving push notifications from us by changing your preferences in the iOS or Android notifications settings menu.
Modifying or Deleting Your Information. If you have any questions about reviewing, modifying, or deleting your information, you can contact us directly at privacy@xtrachef.com. We may not be able to modify or delete your information in all circumstances.

6. DATA PROTECTION

xtraCHEF cares about the security of your information and uses commercially reasonable physical, technical and organizational measures designed to preserve the integrity and security of all information we collect. However, no security system is impenetrable and we cannot guarantee the security of our systems 100%. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

We store data on servers in the U.S. or any other country in which xtraCHEF or its affiliates, subsidiaries, agents or contractors maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that your personal information may be transferred to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

7. LINKS TO OTHER WEBSITES AND SERVICES

The Services may contain links to third party websites or services, including those of our business partners and social media sites. Our Services may also include buttons and widgets hosted by other companies (for example, the Facebook, Instagram, Twitter, LinkedIn and YouTube “Share” buttons). Some of these features collect personal information or other information such as your IP address and information about the websites you have visited.

This privacy policy does not apply to the practices of these or any other third parties. xtraCHEF is not responsible for the privacy practices of any entity that it does not own or control. We encourage you to review the privacy policies and terms of those third parties to learn more about their privacy practices.

8. CHILDREN’S PRIVACY

We do not knowingly collect or solicit any information from anyone under the age of 13 on the Service and the Service is not targeted towards anyone under the age of 13. If you believe that we might have received information from a child under 13, please contact us at privacy@xtrachef.com.

9. YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year. To opt out of having your information shared in this manner, please email us at privacy@xtrachef.com.

10. CHANGES TO OUR PRIVACY POLICY

We reserve the right to change this Privacy Policy from time to time in our sole discretion. If we revise this Privacy Policy in a way that will materially change the way we use your personal information, we will notify you by sending a notice to the primary email address specified in your xtraCHEF account or by placing a prominent notice on our website. It is your responsibility to review this Privacy Policy periodically. When we do change the Privacy Policy, we will also revise the “last modified” date above.

11. HOW TO CONTACT US

If you have any questions about this privacy policy or the Services, please contact us by email at privacy@xtrachef.com.

xtraCHEF Privacy Policy