EVERYBITE, INC.GENERAL PRIVACY POLICY

*California residents, please review additional privacy information in our California Privacy Notice.

Thank you for using EveryBite!

EveryBite provides an online platform (the “Platform”) which allows users to search menu items, recipes and ingredients from participating restaurants and other businesses (“Merchants”), and to place orders for food and/or other goods, either for delivery or pickup, and/or request services from Merchants (collectively “Services” or “EveryBite Services”).

When you visit our website or otherwise access our Platform, or sign up for and use the EveryBite Services, you voluntarily share certain personal information (which may identify you directly or indirectly) with us.

When you use the Services, certain information about your devices and Services usage is automatically collected through cookies and other tracking technologies.

This privacy policy describes how we collect, use and share your personal and technical information and how you can exercise your privacy rights. If you have any questions about the policy, please email us at privacy@everybite.com

1. About this Privacy Policy.

This Privacy Policy (“Policy”) explains how we process (e.g., collect, use, disclose and/or protect) personal information relating to individuals who are registered users of the EveryBite Services and individuals who visit our website and/or who communicate with us (e.g., when submitting a form, contacting us using the contact information on the Platform, etc.) (collectively “Users”).

If you are a User, your access to and use of our Services are subject to our Terms and Conditions, which define some of the terms used throughout this Policy. Please make sure that you have carefully read and understand the Terms and Conditions before you use our Services. By using our Services, you accept the Terms and Conditions, and acknowledge and agree that you have read and fully understand and agree to our privacy practices as described in this Policy. If you do not feel comfortable with any part of this Policy or our Terms and Conditions, you must not access or otherwise use our Services.

2. Processing of Personal Information Covered Under this Policy.

1. Collection of Personal Information.

   When you use our Services, we may collect personal information about you. The types of categories or personal information that we may collect about you include:

   1. Information You Provide to Us Directly.

      You may provide your personal information to us when you use our Services, including when you register with EveryBite, search within or place orders through our Services, contact us with inquiries, engage with us (or our our chatbot) on the Platform, respond to surveys, or otherwise access or use our Services. This information may include:
      • Personal Identifiers and records information - We may collect and process information such as name, alias, email address, postal or delivery address, account name, phone number, signature, date of birth, or other similar identifiers.
      • Transactional/Commercial Information - When you place an order through our Services, we collect information related to that order. This may include information such as items purchased, special instructions, date and time of order, subtotal, photos that you provide to EveryBite, or other purchasing or consuming histories or tendencies.
      • Financial Account or Payment Information - Payment information collected such as bank name, payment method, or other financial information. We use a payment processor that collects your payment information and processes payments made on or through the Services. We obtain limited information about your payment card from our payment processor, such as the last four digits of your card and the expiration date.
      • Survey Response Data - We may conduct survey research among participating Users to learn more about Users to improve and enhance our Services and in connection with surveys, we may collect various information including, without limitation, information pertaining to consumer activity, or usage of the Services, etc.
      • Access Credential Information - In connection with your User account, we will process username, password, unique User identification number, etc.
      • Loyalty Account Information - In connection with your use of our Services, we may process loyalty account information for your participation in certain loyalty programs for Merchants.
      • Sensory information - images, photos, and/or videos that you upload or submit to us in connection with the Services (e.g., a profile photo, a video(s) of your EveryBite experience, etc.).
      • Sensitive Data or Sensitive Personal Information - as these terms are defined under applicable data protection and privacy laws, including social security number, driver's license number, or passport number, account credentials, precise geolocation, racial or ethnic origin, religious beliefs, biometric data, personal information concerning a consumer's health or sex life or sexual orientation, as well as contents of a consumer's mail, email and text messages. We do not use or disclose your sensitive data or sensitive personal information for purposes other than to perform the services reasonably expected by an average consumer, for security and legal reasons, with your consent, and/or for other purposes permitted by applicable law.

   2. Information Received From You as Part of Your Communications.

      When you use our Services, complete electronic forms, communicate with Merchants or Contractors, or contact us, by online chat, email, phone or text, we may automatically collect and store certain information about you and the activity you engaged in, for example: your name and contact information; your order details; information that you voluntarily provide to us; the nature and content of your communication; the purpose of the interaction; and the action we took in response to your inquiry or request

   3. Information Collected Automatically.

      We also may collect and store certain information about you and your device(s) automatically when you access or use our Platform and Services, including, without limitation, on our websites and engaging with our online chat functionality. This collection may include the use of, among other technology, cookies and similar technologies as described in Section 3 (Cookies and Similar Technologies) of this Policy. This information may include:
      • Technical Information - We collect technical information associated with your activity on our website and/or Services and may include information related to your browser and operating system, IP address (the Internet address of your computer), unique device identifiers, personal and online identifiers, and other information such as your device type and version of the app that is in use.
      • Usage Information - This may include the webpage that you were visiting before accessing our Platform and Services, the pages or features of our Platform and Services that you browsed to inform us which part of our Platform and Services you visit and how much time you spend there.
      • Platform Preferences - We collect information about your preferences to make your use of the Platform and Services more productive.

   4. Location Information.

      When you use the Services, we may collect and store general location information (such as IP address) to assist with the identification of Merchants (and menu items) in your area. We may also collect route information and delivery pick-up or drop-off information. If you permit the Services to access location services through the permission system used by your mobile operating system or browser, we may also collect and store the precise location of your device when our apps are running in the foreground or background of your device. This information may used to provide recommendations for Merchants (and menu items) based upon your location, to help select your delivery address, to provide more accurate deliveries of your orders, and to enhance your user experience and improve the Services. You can choose whether to enable the location tracking feature through the settings on your device or when prompted by our mobile apps. If you choose to disable the location feature this may impact some of your use of our Services.

   5. Information Collected from Your Social Media Accounts.

      You may choose to enable or log in to our Services via various online services, including social networking services like Facebook and Google. Our Services also may enable you to access social networking services such as Facebook, Twitter, or Instagram (“Social Network(s)”) directly or indirectly through our Services. When you link a Social Network account to our Platform or Services or log into our Platform or Services using your Social Network account, we may collect relevant personal information to enable our platforms or Services to access that Social Network and your information contained within that Social Network. Any sharing of personal information from or by your Social Network to us is subject to the applicable privacy policy for, and the applicable privacy notices from, the Social Network and, as applicable, any consent or approval that you have provided to the Social Network

   6. Information Collected from Merchants and Payment Providers.

      We may collect or receive limited personal information from Merchants and payment providers in connection with our processing of transactions or orders in connection with our Services.

2. Use of Your Personal Information.

   We may use the information we collect about you for various purposes, as described below.

   1. To Provide You with the Services.

      We use your information to provide you the Services. For example, we may use credit card information to complete a transaction or we use address information to allow Contractors to fulfill your delivery. In performing or providing the Services, we may disclose your information to another party or person to facilitate the performance or delivery of the Services (e.g., sharing personal information with Merchants or Contractors, or with your bank to validate your payment card, etc.). In such an event, we enter into contractual agreements with such parties or persons to protect your information.

   2. To Maintain and Improve the Platform and Services.

      We use your information for our everyday business operations such as auditing, administration of the Platform and Services and business activities, fulfillment, analytics, debugging to identify and repair errors that impair existing intended functionality, conducting internal research for technological development and demonstration, and undertaking activities to verify or maintain the quality or safety of our Platform and Services. Your information may also be used to improve the content and/or functionality of the Platform and Services. We may use your information to help us enhance offerings for EveryBite and our Merchants. We may process your information, either on an individual level or aggregated with information from or about Users, to analyze trends in the use of our Services and to improve and enhance our Services. We may also use aggregate anonymous information about Users and their activities in connection with our Services, to provide suggestions or recommendations to Merchants relating to the Merchants' use of our Services, and to provide to third parties anonymous aggregate data regarding such use.

   3. To Communicate with You.

      We use your information to communicate with you. For example, we may send you text messages or other notifications about the status of your orders and deliveries. We may also contact you with promotional offerings or other communications that may be of interest to you. If you contact us, we use certain information to respond to your questions and assist you with any issues that may arise in your use of the Services.

   4. For Account and Network Security Purposes.

      We care about keeping you secure and safe while using our Services. Keeping you safe requires us to process your personal information, such as your device information, activity information and other relevant information. We use such information to combat spam, malware, malicious activity or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information.

   5. Maintain Legal and Regulatory Compliance.

      Our Services are subject to certain laws and regulations which may require us to process your personal information. For example, we process your personal information to pay our taxes, to fulfill our business obligations or as necessary to manage risk as required under applicable law.

   6. To Enforce Compliance with Our Agreements and Policies.

      When you access or use our Services, you are bound to our Terms and Conditions (if you are a User), and this Policy. To ensure you comply with them, we process your personal information by actively monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities on our Services. We also process your personal information to: investigate, prevent or mitigate violations of our internal terms, agreements or policies; enforce our agreements with third parties and business partners.

   7. To Protect You, Others, and Our Business.

      We use your information to protect you, others, and our business, including, without limitation, using information for fraud prevention, for enforcement of our Terms and Conditions, to comply with the law, and to protect against security risks.

   8. To Personalize your Experience or Use of the Services.

      In addition to the marketing and advertising activities described elsewhere in this Policy, including in Section 3 (Cookies and Similar Technologies) of this Policy, we engage in the following activities:
      • We use your information to personalize your experience. For example, we may personalize the content and features you see when visiting our Services. In addition, we may personalize advertisements, marketing communications, and recommendations to make them more tailored to your interests.
      • We may also use aggregate information about Users and their activities in connection with our Services to provide suggestions or recommendations to Merchants relating to the Merchants marketing activities and the Merchant's use of our Services.
        1. For Our Business Purposes. We may use your information for any other purpose disclosed to you at the time we collect the information, or otherwise with your consent.

3. Disclosing Personal Information.

   We may provide your personal information, as described in Section 2 of this Policy, to third parties as described below.

   1. Service Providers, Contractors or Third Parties.

      We may provide your information to our service providers and contractors to help provide services to you for certain business purposes. This information is provided in order for them to provide us services such as payment processing, advertising services, marketing partners, web analytics, data processing, IT services, customer support and other services. These service providers or contractors may have access to your personal information to perform services on our behalf. We may provide your information to third parties in connection with certain marketing, and/or advertising activities, including, without limitation, cross-context behavioral advertising. The marketing and/or advertising activities are performed on behalf of EveryBite and the Services.

   2. Social Networks.

      In connection with linking or connecting your User account(s) with our Services to your Social Network, we may share certain of your information with the operator of that Social Network to facilitate your use of that Social Network and for other purposes or uses described in the Social Network’s privacy policy. Additionally, a Social Network may collect personal information and information about your use of our Platform or Services automatically. The manner in which a Social Network collects, uses, stores, and discloses your information is governed by the policies of such third parties and EveryBite shall have no liability or responsibility for the privacy practices or other actions of any Social Network that may be enabled within our Services. Keep in mind that your usage of Social Network features is governed by applicable Social Networks and not by EveryBite and may be visible or accessible to the public.

   3. To Third Parties when Required or Permitted by Law.

      We may be required to provide your personal information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of users of our Services, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity.

   4. Corporate Transactions.

      We may disclose your personal information to third parties in order to participate in, or be the subject of, any sale, merger, acquisition, restructure, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings) or other similar transaction(s), in which case we may disclose your personal information to prospective buyers, sellers, advisers or partners and your data may be a transferred asset in a business sale.

   5. With Your Consent or at Your Direction or Instruction.

      We also may provide your information to third parties with your consent or at your direction.

   6. Professional Services Organizations.

      We may disclose your personal information to professional services organizations in connection with exercising our rights and conducting our business activities.

3. Cookies and Similar Technologies.

We use cookies, web beacons, pixels, session replay/screen capture, and similar technologies to collect information and personalize your experience with our Services. When we use session replay technology, we may collect on a real-time basis information on how you use and navigate the Services. This may include mouse movements and how you scroll through the Services, but we do not collect keystroke data. Additional information on other technologies we may use is set forth below.

For information on your opt-out rights under applicable data protection and privacy laws, please see Section 8 (Your Rights and Choices) of this Policy. Please note that even if you opt-out, you may still receive advertisements from us. However, in that case, the advertising will not be tailored to your interests. Please further note that the opt-out mechanisms will not impact or affect EveryBite's non-interest based advertising on our Platform or Services.

1. Cookies

   Cookies are small web files that a site or its provider transfers to your device's hard drive through your web browser that enables the site's or provider's system to recognize your browser and remember certain information.

2. How We Use Cookies.

   We use first-party and third-party cookies for the following purposes:
   • to make our Services function properly;
   • to improve our Services;
   • to recognize you when you return to our Platform and to remember information you have already provided, such as items already in your order cart;
   • to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests; and
   • to provide a secure browsing experience during your use of our Services.

3. How to Manage Cookies.

   You may disable the use of cookies by modifying your browser settings. If you choose to disable cookies you may not be able to fully experience the interactive features of our Services. For more information on cookies and how to disable cookies visit: www.ftc.gov/ftc/cookies.shtm or https://www.usa.gov/optout_instructions.shtml

4. Web Beacons.

   Web beacons, also known as web bugs, pixel tags or clear GIFs, are tiny graphics with a unique identifier that may be included on our Platform to deliver or communicate with cookies, in order to track and measure the performance of our Platform and Services, monitor how many web visitors we have, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, web beacons are typically embedded invisibly on webpages (or in an email).

5. Online Analytics and Advertising Technologies.

   We and our third-party vendors may use automated technologies (including cookie identifiers on our Platform), along with other collected information, to tailor ads or deliver content when you are on our Services or on other devices, apps or websites.

6. Targeted Advertising.

   We (or our service providers) may use the information we collect, for instance, IP addresses and unique mobile device identifiers, to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers), or work with providers that do this, in order to better tailor content and features and provide you with a seamless experience across devices. If you wish to opt out of such cross device tracking for purposes of interest-based advertising, you may do so through your device settings. We may also use cross-device tracking to help identify our users and serve advertising. This type of advertising is often called “interest-based” or “personalized” advertising and when it occurs on mobile apps, “cross-app” advertising.

   You can learn more about interest-based advertising and how to opt-out of receiving tailored advertising by visiting (i) the Network Advertising Initiative's Consumer Opt-Out link or (ii) the Digital Advertising Alliance's Consumer Opt-Out link. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. These links are provided for convenience purposes only; EveryBite is not responsible or liable for the compliance practices and programs of the companies managing the opt-out processes available through the above links.

7. Mobile Applications.

   Depending on your permissions, we may receive your personal information from your Internet service and mobile device providers. Users of mobile devices who do not want to receive interest-based advertising may opt-out in several ways. Learn more about your choices for mobile devices by visiting https://www.aboutads.info/appchoices. Each operating system, (iOS for Apple phones, Android for Android devices, etc.) provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You should view your device or system settings to determine how you can opt out of use of your device ID for “cross-app” personalized advertising.

4. Security.

EveryBite has implemented administrative, organizational, technical, and physical security controls that are designed to safeguard personal information. However, no online activity is ever fully secure or error-free. While we strive to protect your information, we cannot guarantee that your personal information is absolutely secure. Please keep this in mind when disclosing any information to EveryBite.

Please recognize that protecting your personal information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, or when you communicate with us and with others through the Internet. Change your passwords as appropriate, use a combination of letters and numbers, and make sure you use a secure browser. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us as indicated in Section 11 (Contact Us) of this Policy.

5. Data Retention

Our retention of your personal information may vary based upon the nature of our relationship with you and based upon several factors, including without limitation, the following:

• The length of time necessary to fulfill the purpose(s) for which we collected the personal information;
• When your relationship with us ceases or terminates;
• The length of time it is reasonable to keep records to demonstrate that we have fulfilled our business and legal duties and obligations and contractual commitments (as applicable);
• Any limitation periods within which claims can be made;
• Any retention periods prescribed by law or recommended by regulators, professional bodies, or associations; and
• The existence of any relevant legal proceedings.

6. Third-Party Sites

Some of the functionality may be provided by third parties and the Services may link to other third-party websites that are not controlled by EveryBite. These third parties are not under our control and EveryBite is not responsible for their privacy policies or practices. If you provide any personal information to any third party or through any such third-party website, we recommend that you familiarize yourself with the privacy policies and practices of that third party.

7. Children's Information.

Our Services are not intended for children under 16 years of age, and we do not knowingly collect personal information from children under the age of 16. If you are a parent or guardian of a child under the age of 16 and believe he or she has disclosed personal information to us, please contact us at privacy@everybite.com. A parent or guardian of a child under age 16 may review and request deletion of the child's personal information. Parents or guardian's should closely monitor their User accounts to ensure that the accounts are properly used.

In connection with our business-to-business relationships, we do not knowingly process any personal information of or about a child.

If we become aware that personal information we collected is associated with a minor under 16 years of age, we will delete that personal information.

8. Your Rights and Choices.

1. Your Rights.

   You may have rights under certain data protection and privacy laws pertaining to our processing of your personal information. These rights are not absolute, meaning that, as permitted under applicable data protection and privacy laws, we may not be obligated to comply with your request and we can limit the frequency of your requests. For all requests, we will need to verify the identity of the data subject and, if applicable, the identity and authority of the person submitting the request on behalf of the data subject. If we are unable to confirm or validate the identity of the data subject and, if applicable, the identity and authority of the requestor if different than the data subject, then we may reject or deny the request. Subject to applicable data protection and privacy laws, you can exercise your rights free of charge. In certain circumstances and depending on the state or country in which you reside, you may have the following data protection rights:
   • The right to access, update or delete the information we have on you. You can access, update or request deletion of your personal information directly within your account settings section. If you are unable to perform these actions yourself, please contact us at legal@everybite.com to assist you.
   • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
   • The right to object. You have the right to object to our processing of your personal information.
   • The right of restriction. You have the right to request that we restrict the processing of your personal information.
   • The right to opt out of the sale or sharing of personal information for the purpose of cross-context or third party advertising.
   • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
   • The right to withdraw consent. You also have the right to withdraw your consent at any time where we have relied on your consent to process your personal information.
   • To comply with the law.

2. Authorized Agent Requests.

   For authorized agents submitting a request on behalf of a data subject, please contact us at legal@everybite.com and provide (i) the first and last names and email address for the data subject, (ii) the first and last names and business contact information for the agent, (iii) evidence of authority (e.g., power of attorney, etc.), (iv) the status of the data subject (e.g., User, Non-User, Merchant Personnel, etc.), (v) the right(s) being exercised, and (vi) in the subject line include “Authorized Agent Request”.

3. Contact EveryBite by E-Mail:

   You may contact us via e-mail legal@everybite.com to exercise the following rights: (i) right to correct/rectify personal information, (ii) the right of access/right to know, and (iii) the right to deletion. In your email, please provide (a) your first and last name, email address and address of residency; (b) identify the right(s) being exercised; and (c) in the subject line include “DSR Request”.

4. Your Additional Choices.

   1. Commercial Email Messages & Text Messages.

      You can unsubscribe from our marketing or promotional emails and text messages by using the unsubscribe mechanism in the communication. We will still send you transactional, information, and relationship communications about the use of our Services, Platform and/or the relationship between us and you. This opt-out option does not apply to EveryBite credit card offerings because these are provided through associated financial institutions. However, you can choose to stop receiving certain prescreened offers of credit that originate from participating nationwide credit reporting agencies, including our prescreened offers, by calling the official Consumer Credit Reporting Industry organization at 1-888-567-8688 or by going to www.optoutprescreen.com.

   2. Push Notifications.

      In the notifications section of the account page on our mobile platforms/apps, you can adjust your preferences for push notifications for order updates, store offers, EveryBite offers, recommendations, reminders, and product updates and news. Please note that turning off notifications may impact the use of our Services, Platform, and/or the relationship between you and us.

   3. Location Access.

      You can restrict, limit or prohibit our access to your location through your device settings. Please note if you restrict, limit or prohibit our tracking of your location, this may impact your use of and our delivery of the Services.

   4. Cookie Tracking.

      Please see Section 3 (Cookies and Similar Technologies) of this Policy.

   5. Ad Personalization.

      To adjust your preferences on our ad personalization activities on third party platforms (e.g., websites and apps), please go to marketing choices in the privacy section of the User account and you can slide the toggle to disable or enable.

9. California Residents.

California residents, please review additional privacy information in our California Privacy Notice.

10. International Users.

The personal information processed in connection with this Policy may be stored and processed on servers located in the United States and other global locations, which means that if you reside outside of the United States your personal information will be transferred, stored, and processed outside of the country or jurisdiction in which you reside.

11. Contact Us

If you have any questions or concerns relating to this Policy or our privacy practices, please contact us at: legal@everybite.com

EveryBite, Inc

Attn: Legal

525 State Street, suite 202

Santa Barbara CA 93101

United States

12. Updates to this Policy

This Policy may be subject to updates from time to time with or without notice. We recommend that you periodically review this Policy. In the event of any changes to this Policy, we will determine whether or not notice is required and, if notice is required, we will provide appropriate notice taking into account the nature of the changes. Your continued use of our Services after any updates to this Policy constitutes your agreement and acceptance of this Policy as updated. In the event that you disagree with the changes, your only remedy is to cease using the Services.