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Privacy Policy for FooodDude
This Privacy Policy ("Policy") delineates the manner in which personal information ("Personal Information") furnished by you through the "FooodDude" mobile application ("Mobile Application" or "Service") and any affiliated products and services ("Services") is procured, safeguarded, and utilized. It further expounds upon the options at your disposal concerning the utilization of your Personal Information and the means by which you may access and rectify said information. This Policy constitutes a legally binding accord between you ("User", "you", or "your") and FooodDude LLC ("FooodDude LLC", "we", "us", or "our"). Through the act of accessing and employing the Mobile Application and Services, you acknowledge that you have perused, comprehended, and consented to be governed by the stipulations of this Agreement. It is emphasized that this Policy does not extend to the practices of entities outside our ownership or control, nor to individuals not within our employ or management.
Automatic Data Collection for FooodDude
When you use the Mobile Application, our servers inherently document data transmitted by your device. Said data may encompass particulars like your device's IP address and geographical location, device nomenclature and version, type and version of operating system, language preferences, inquiries conducted within the Mobile Application, instances of access, as well as temporal and calendrical details, among other statistical metrics. Data amassed by means of automated processes is exclusively employed for the identification of potential instances of misuse and for the compilation of statistical insights pertaining to the utilization of the Mobile Application and Services. FooodDude collects location data to enable the food truck, and user locating feature to work, without it, the app will not work properly even when the app is closed or not in use. It is underscored that such statistical information is not amalgamated in a manner that would divulge the identity of any specific user within the system.
Gathering of personal information
You may access and utilize the Mobile Application and Services without disclosing your identity or furnishing any information enabling the identification of you as a specific, discernible individual. However, in the event that you wish to avail yourself of certain features within the Mobile Application, you may be requested to furnish specific Personal Information (such as your name and email address). We duly receive and retain any information intentionally provided by you during account creation, purchases, or completion of online forms within the Mobile Application. This may encompass, when necessary, the ensuing categories of information: Personal particulars including but not limited to name and country of residence; Contact details such as email address and physical address; Account particulars including user name, unique user identification, password, etc.; Financial particulars including credit card details, banking information, etc.; Geographical coordinates such as latitude and longitude; Specific functionalities on the mobile device like contacts, calendar, gallery, etc.; Additionally, any supplementary materials voluntarily submitted to us, such as articles, images, feedback, etc.
Certain segments of the information we amass are directly sourced from you through the Mobile Application and Services. Nonetheless, we may also gather Personal Information concerning you from alternative origins such as public databases, social media platforms, third-party data providers, and our collaborative marketing associates. Personal Information acquired from these alternative sources may encompass demographic details like age and gender, device specifics including IP addresses, location data such as city and state, and online behavioral data, such as data about your engagement with social media platforms, page views, search outcomes, and links.
The option is afforded to you to abstain from furnishing us with your Personal Information; however, this may result in the inability to make full use of certain features within the Mobile Application. Users seeking clarification regarding the obligatory nature of specific information are encouraged to communicate with us.
Utilization and Processing of Acquired Information:
In order to facilitate the availability of the Mobile Application and Services to you, or to fulfill a legal obligation, it is imperative that we gather and employ specific Personal Information. Failure to furnish the requested information may result in our inability to furnish you with the sought-after products or services. Any information obtained from you may be employed for the ensuing objectives:
1. Establish and administer user accounts
2. Execute and supervise orders
3. Deliver products or services
4. Enhance the quality of products and services
5. Dispatch administrative communications
6. Disseminate marketing and promotional materials
7. Address inquiries and provide assistance
8. Solicit user feedback
9. Enhance user engagement
10. Publish customer testimonials
11. Dispense targeted advertisements
12. Oversee prize draws and competitions
13. Enforce terms and conditions as well as policies
14. Safeguard against misuse and malicious users
15. Respond to legal requests and avert harm
16. Operate and manage the Mobile Application and Services
The processing of your Personal Information is contingent upon the nature of your interaction with the Mobile Application and Services, your geographical location, and whether one of the following criteria is met:
(i) You have granted explicit consent for one or more specific purposes; it is important to note, however, that this provision does not apply in cases where the processing of Personal Information is governed by the California Consumer Privacy Act or European data protection legislation.
(ii) Provision of information is imperative for the performance of an agreement with you and/or for any pre-contractual obligations therein.
(iii) Processing is requisite for compliance with a legal obligation to which you are subject.
(iv) Processing is associated with an undertaking conducted in the public interest or in the execution of official authority vested in us.
(v) Processing is essential for the legitimate interests pursued by us or by a third party.
Please be aware that, in certain jurisdictions, we may be entitled to continue processing information until such time as you object to such processing (by opting out), without necessitating reliance on consent or any other legal bases enumerated below. In any event, we remain at your disposal to elucidate the specific legal foundation applicable to the processing, notably whether the provision of Personal Information constitutes a statutory or contractual mandate, or a prerequisite essential to the formation of a contract.
Billing and Payment:
For services necessitating remuneration, we solicit credit card or alternative payment account details, strictly for the purpose of effecting payment processing. Your transactional data pertinent to purchases is retained solely for the duration requisite to conclude the transaction. Subsequent to this, such transactional data is expunged. In circumstances mandating facilitation of forthcoming payments, contingent on your antecedent consent, your financial data will be securely stored in encrypted form on the impervious servers of our esteemed payment gateway service provider, who is bound by the obligation to handle your Personal Information in compliance with this Policy.
All direct payment gateways are aligned with the most current security protocols overseen by the PCI Security Standards Council, a cooperative endeavor encompassing renowned brands such as Visa, MasterCard, American Express, and Discover. The exchange of sensitive and private data occurs across an SSL protected communication conduit, ensuring encryption and fortification through digital signatures. Furthermore, the Mobile Application and Services strictly adhere to PCI vulnerability standards to cultivate the most secure possible environment for Users. Routine malware scans are conducted to fortify additional layers of security and protection.
Management of Information:
You retain the capability to delete specific Personal Information held in our possession. It should be noted that the availability of certain Personal Information for deletion may be contingent upon alterations in the Mobile Application and Services. Nevertheless, upon effecting the removal of Personal Information, we may retain an unaltered copy of said Personal Information in our records for the duration requisite to fulfill our obligations to affiliates and partners, and for the purposes outlined below. Should you wish to initiate the deletion of your Personal Information or seek to permanently deactivate your account, you may do so by reaching out to us.
REQUESTS FOR DELETION
You possess the entitlement to request the deletion of any of your personal information that we gathered from you and retained, subject to specific exceptions. Subsequent to receiving and verifying your verifiable consumer request, we shall delete (and instruct our service providers to do likewise) your personal information from our records, unless an exception applies. We may, however, withhold compliance with your deletion request if retaining the information is imperative for us or our service providers to:
Disclosure of Information
Depending on the requested Services or as requisite to consummate any transaction or furnish any service you have sought, we may, with your explicit consent, share your information with trusted third parties collaborating with us, as well as any affiliated entities and subsidiaries upon which we rely to facilitate the operation of the Mobile Application and Services provided to you. Personal Information is not disseminated to unaffiliated third parties. These service providers are expressly prohibited from using or disclosing your information except as essential for the provision of services on our behalf or to comply with legal mandates. We may exclusively share your Personal Information for these purposes with third parties whose privacy policies align with ours, or who pledge to adhere to our policies governing the treatment of Personal Information. Such third parties receive solely the Personal Information requisite for the fulfillment of their designated functions, and we do not sanction them to utilize or disclose Personal Information for their independent marketing or alternative objectives. We shall divulge any Personal Information we accrue, employ, or obtain if mandated or permitted by law, including but not limited to compliance with a subpoena or analogous legal procedure, and when we possess a genuine belief that such disclosure is indispensable to safeguard our rights, your safety, or the safety of others, investigate instances of fraud, or respond to a government entreaty. In the event of a corporate transition, such as a merger or acquisition by another entity, or the divestiture of all or a portion of our assets, your user account and Personal Information are likely to constitute part of the assets transferred.
Sale of Personal Information. FooodDude has not engaged in the sale of any personal information within the preceding 12 months and shall refrain from doing so in the future, whether for monetary or other valuable consideration.
Retention of Information:
We shall maintain and utilize your Personal Information for the duration essential to meet our legal obligations, resolve disputes, and enforce our agreements, unless a lengthier retention period is mandated or sanctioned by law. Aggregated data, which may incorporate or stem from your Personal Information, may be employed after it has been updated or deleted, provided that such employment does not lead to your individual identification. Upon the conclusion of the designated retention period, Personal Information shall be expunged. Consequently, the entitlements pertaining to access, erasure, rectification, and data portability cannot be enforced beyond the expiration of said retention period.
ADMINISTRATION OF PERSONAL INFORMATION PROCESSING
Residents of California retain the subsequent rights under the California Consumer Privacy Act (CCPA):
User Rights:
You possess specific rights regarding the processing of your information by us. Notably, you have the entitlement to:
(i) Withdraw consent previously granted for the processing of your information;
(ii) Object to the processing of your information if such processing is conducted on a legal basis other than consent;
(iii) Ascertain if your information is being processed by us, procure disclosure regarding specific facets of the processing, and secure a copy of the information currently undergoing processing;
(iv) Substantiate the accuracy of your information and request its rectification or amendment;
(v) Under specific circumstances, restrict the processing of your information, during which period we shall refrain from utilizing your information for any purpose other than storage;
(vi) Under particular circumstances, obtain the erasure of your Personal Information from us;
(vii) Obtain your information in a structured, widely used, and machine-readable format and, if technically feasible, have it transmitted to another data controller without impediment.
This provision holds applicability in the event that your information is processed through automated means and is founded on your consent, forms part of a contract to which you are a party, or pertains to pre-contractual obligations thereof.
California Privacy Rights:
In addition to the rights elucidated in this Policy, California residents who furnish Personal Information (as defined in the statute) for the acquisition of products or services for personal, familial, or household use are entitled, once per calendar year, to request and receive from us information concerning the Personal Information, if any, that we disclosed to other businesses for marketing purposes. If applicable, this information shall encompass the categories of Personal Information and the names and addresses of those businesses with whom we shared said personal information for the immediately preceding calendar year (for instance, requests made in the current year will receive information pertaining to the prior year). To procure this information, kindly contact us.
Procedure for Exercising These Rights:
All requests to exercise your rights should be directed to FooodDude LLC via the contact particulars furnished in this document. Please be aware that we may request verification of your identity before addressing such requests. Your request must contain adequate information enabling us to confirm that you are indeed the person you purport to be, or that you are the duly authorized representative of said individual. It is imperative that you include adequate particulars to facilitate our comprehensive comprehension of the request and our ability to respond appropriately. We cannot fulfill your request or furnish you with Personal Information unless we initially validate your identity or your authorization to make such a request, and ascertain that the Personal Information pertains to you.
Privacy of Children:
We do not intentionally collect any Personal Information from individuals under the age of 18. If you are under 18 years of age, we kindly request that you refrain from submitting any Personal Information through the Mobile Application and Services. We strongly encourage parents and legal guardians to supervise their children's internet activities and to assist in upholding this Policy by advising their children never to disclose Personal Information through the Mobile Application and Services without proper authorization. If you have grounds to suspect that a child under the age of 18 has furnished Personal Information to us via the Mobile Application and Services, please reach out to us. Additionally, you must be of an age that permits you to provide consent for the processing of your Personal Information in your respective country (in certain jurisdictions, we may permit your parent or legal guardian to do so on your behalf).
Advertisements:
We may authorize specific third-party entities to aid us in tailoring advertisements that we believe may be of interest to users, and to gather and employ other data pertaining to user activities within the Mobile Application. These entities may disseminate advertisements that could employ cookies and engage in other forms of user behavior tracking.
Email Marketing:
We extend the option to voluntarily subscribe to electronic newsletters at any juncture. Rest assured, we are devoted to maintaining the confidentiality of your email address and will not divulge it to any third parties, except as permitted in the information use and processing section or for the purposes of engaging a third-party provider to dispatch such emails. Information conveyed via email will be retained in accordance with applicable laws and regulations. In accordance with the CAN-SPAM Act, all emails dispatched by us will conspicuously indicate the sender's identity and furnish explicit instructions on how to contact the sender. You reserve the choice to discontinue receipt of our newsletter or marketing emails by adhering to the unsubscribe instructions integrated in said emails, or by getting in touch with us directly. It should be noted, however, that you will continue to receive essential transactional emails.
Information Security:
We implement measures to secure the information you furnish on computer servers within a controlled, secure environment, safeguarded against unauthorized access, use, or disclosure. We uphold reasonable administrative, technical, and physical safeguards to mitigate unauthorized access, use, alteration, and disclosure of Personal Information within our control and custody. Nonetheless, it is important to acknowledge that no data transmission over the Internet or wireless network can be unequivocally guaranteed. Therefore, despite our diligent efforts to safeguard your Personal Information, you acknowledge that (i) there exist inherent security and privacy limitations to the Internet beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and the Mobile Application and Services cannot be guaranteed; and (iii) such information and data may potentially be observed or manipulated in transit by a third party, notwithstanding our best endeavors.
Links to Other Websites:
We disclaim responsibility for the practices employed by websites linked to or from the Service, as well as the information or content contained therein. It is imperative to bear in mind that when you utilize a link to transition from the Service to another website, our Privacy Policy ceases to be applicable. Your navigation and interaction on any alternate website, inclusive of those linked from our website, is subject to the distinct rules and policies of that respective website. Prior to proceeding, we recommend reviewing those rules and policies.
Notification Procedures:
As per our policy, notifications, whether mandated by law or pertaining to marketing or other business-related purposes, will be furnished to you through email notice or conspicuously posted notice on the Service. The method and manner of providing notifications to you are at the discretion of FooodDude LLC. We reserve the right to decide the form and means of delivering notifications to you, while acknowledging that you have the option to opt out of certain notification methods, as detailed in this Privacy Policy.
Data Breach:
In the event that we become aware of a compromise in the security of the Mobile Application and Services, or of users' Personal Information being disclosed to unrelated third parties due to external activity, including, but not limited to, security breaches or fraudulent activity, we retain the right to take reasonably appropriate measures. These measures may include, but are not limited to, conducting an investigation, filing a report, and cooperating with law enforcement authorities. In the event of a data breach, we will exert reasonable efforts to inform affected individuals if we believe there is a reasonable risk of harm to the user as a consequence of the breach, or if notification is otherwise mandated by law. When such notification is made, it will be conveyed to you via email.
Changes and Amendments:
We hold the prerogative to amend this Policy or its provisions relating to the Mobile Application and Services at our discretion. We will apprise you of any substantial alterations to the manner in which we handle Personal Information. This notification will be sent to you via email. We may also notify you through other means at our discretion, such as through the contact information you have provided. Any updated iteration of this Policy will be immediately effective upon the posting of the revised Policy, unless otherwise specified. Your continued utilization of the Mobile Application and Services subsequent to the effective date of the revised Policy (or such other action specified at that time) will signify your consent to those changes. However, we will not, without your consent, employ your Personal Information in a manner substantially different from what was stipulated at the time of its collection.
Acceptance of this Policy:
You affirm that you have thoroughly reviewed this Policy and assent to all of its terms and conditions. Through the act of accessing and utilizing the Mobile Application and Services, you hereby consent to be bound by this Policy. Should you dissent from abiding by the terms set forth in this Policy, you are not granted authorization to access or employ the Mobile Application and Services.
Contacting Us:
If you wish to communicate with us for a more comprehensive understanding of this Policy or need to reach out regarding any matter pertaining to individual rights and your Personal Information, you may do so through the provided contact form. This document was last updated on 10/10/2021. To exercise your rights or to acquire additional information, please contact us:
By email at: support@foooddude.com
By visiting this page on our website: https://www.foooddude.com/contact
By telephone at: 814-826-5731
By US mail at: 7933 Silverton Ave, Ste 710 San Diego, CA 92126
This Privacy Policy may undergo periodic updates. It is advisable to periodically check for any notifications concerning alterations. - FooodDude
