Privacy Policy

FoodPunchh, LLC ("FoodPunchh.com", "FoodPunchh" or "we" or "us" or "our") respects the privacy of its users ("user" or "you") whether they use our website www.FoodPunchh.com or our mobile applications to order food from local restaurants or simply to view the website. The following privacy policy ("Privacy Policy") is designed to inform you about the types of information that FoodPunchh, LLC may gather about or collect from or about you in connection with your use of the website or mobile ordering application. It also is intended to explain the conditions under which FoodPunchh, LLC uses and discloses that information, and your rights in relation to that information. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.


COLLECTION, USE, PROTECTION, AND DISCLOSURE OF AUTOMATICALLY COLLECTED AND NON-PERSONAL INFORMATION
Users of the Website and Mobile Apps Generally Like most website operators, FoodPunchh.com automatically gathers from Website users non-identifying information of the sort that Web browsers and mobile devices, depending on their settings, may make available. That information includes may include a user's Internet Protocol (IP) address, operating system and browser type, and the locations of the Web pages the user views right before arriving at, while navigating and immediately after leaving the Website. FoodPunchh uses this information, as well as other information described in this Privacy Policy, to operate, maintain, enhance and provide all features of the Website, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time via the website, mobile application, or as email offers. FoodPunchh also analyzes this automatically collected information to help FoodPunchh better understand how the website and the mobile applications are being used. By identifying patterns and trends in usage, FoodPunchh is able to better design the user interface for the website and the mobile applications to improve users' experiences, both in terms of content and ease of use. From time to time, FoodPunchh may also release automatically collected information gathered in aggregated forms, such as by publishing a report on trends in the usage of the Website. Finally, FoodPunchh may use this information to operate, maintain, enhance and provide all features of the website and the mobile applications, to provide services and information that you request, to respond to comments and questions and otherwise to provide support to users, and to process and deliver entries and rewards in connection with promotions that may be offered from time to time.

Cookies
A "cookie" is a string of information that a website stores on a user's computer, and that the user's browser provides to the website each time the user submits a query to the site. FoodPunchh uses Cookies to track the pages that users visit during each Website session, both to help FoodPunchh improve users' experiences and to help FoodPunchh understand how the Website is being used. As with other non-identifying information we gather from users of the Website, FoodPunchh analyzes and discloses in aggregated form information gathered using cookies, so as to help FoodPunchh, its partners and others better understand how the Website is being used. FoodPunchh does not attempt to link information gathered using cookies to Personal Information. FoodPunchh users who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before accessing the Website, with the understanding that certain features of the Website may not function properly without the aid of cookies. Website users who refuse cookies assume all responsibility for any resulting loss of functionality.

Aggregated Non-Personal Information
We may share aggregated and thus non-identifying information we collect under any of the circumstances described above. We may also share this information with third parties and our affiliate companies to develop and deliver targeted advertising on our Website and on websites of third parties. We may combine non-identifying information we collect with other non-identifying information collected from or by other sources. We also may share aggregated information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis. For example, we may tell our advertisers the number of visitors to our Website and the most popular features or services accessed. This information does not contain any Personal Information and may be used to develop website content and services that we hope you and other users will find of interest and to target content and advertising.

Location Information
We may obtain information about your physical location, such as by use of GPS and other geolocation features in your device, or by inference from other information we collect (for example, your IP address indicates the general geographic region from which you are connecting to the Internet).

Third Party Cookies, Web Beacons and Buttons.
We may display third-party content on the Website, including third-party advertising. Third-party content may use cookies, web beacons, or other mechanisms for obtaining data in connection with your viewing of the third party content on the Website. Additionally, we may implement third party buttons (such as Facebook "like" or "share" buttons) that may function as Web Beacons even when you do not interact with the button. Information collected through third-party Web Beacons and buttons is collected directly by these third parties, not by FoodPunchh. Information collected by a third party in this manner is subject to that third party's own data collection, use, and disclosure policies.

COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION
Website Registration
"Personal Information" is information such as a name or email address that, without more, may be directly associated with a specific person. FoodPunchh collects a range of Personal Information from and about Website users. Much of the Personal Information collected by FoodPunchh about users is information provided by users themselves at the time they register with the Website and purchase food. That information may include your name, address, email address, and telephone number and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We also may request information about your interests and activities, your gender, age, date of birth, username, hometown and other demographic information, and other potentially relevant information as determined by FoodPunchh from time to time. Users of the Website are under no obligation to provide FoodPunchh with Personal Information of any kind, although refusing to do so may prevent the user from using certain Website features. We may also periodically obtain both Personal Information and non-identifying information about you from other FoodPunchh-affiliated businesses, business partners, contractors and other third parties and add it to our account information or other information we have collected. Examples of information that we may receive include: updated address information, purchase history, and additional demographic information. We may also offer you the opportunity to log in to the Website by using credentials you have established with a third party website or application (such as your Google account) (each such account, a "Connected Account"). In such cases, we do not obtain information from these Connected Accounts beyond the information you and the Connected Account service provider provide to us in connection with logging into our Website.

Online Forums and Public Postings and Other Collections
Certain Personal Information we collect about users is provided to us as a result of those users' use of the Website. We provide areas on our Websites where you can post information and reviews about restaurants. Such postings are governed by our Terms of Use. In addition, such postings may appear on other websites or when general web searches are executed on the subject of your posting. Also, whenever you voluntarily disclose Personal Information on publicly-viewable web pages, that Personal Information will be publicly available and may be collected and used by others. For example, if you post your email address, you may receive unsolicited messages. We cannot control who reads your posting or what other users may do with the information you voluntarily post, so we encourage you to exercise discretion and caution with respect to your personal information. You assume all responsibility for any loss of privacy or other harm resulting from your voluntary disclosure of Personal Information.

FoodPunchh Communications
We may occasionally use your Personal Information, including your name and email address, to send you notifications regarding new services, promotions, and reward notifications offered by restaurants that we think you may find valuable. We may also send you service-related announcements from time to time through the general operation of the service. Generally, you may opt out of such emails at the time of registration or through your account settings, though we reserve the right to send you notices about your account even if you opt out of all voluntary email notifications.

FoodPunchh Disclosures
FoodPunchh will disclose Personal Information or other information under the following circumstances:
  • By Law or to Protect Rights. When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our FoodPunchh, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Terms of Use or other agreements or policies, in response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
  • Direct mail partners. From time to time we may share our postal mailing list with selected providers of goods and services that may be of interest to you. If you prefer not to receive mailings from these providers, you may opt-out at the time you register for our Website, or at any time thereafter by going to your account settings or contacting us using the contact information below.
  • Marketing Communications. Unless users opt-out from receiving FoodPunchh marketing materials upon registration, FoodPunchh will email users about products and services that FoodPunchh believes may be of interest to them and FoodPunchh also will provide users' email information to third parties, so that those third parties may directly contact users about additional products and services. If a user wishes to opt-out of receiving marketing materials from FoodPunchh or having their email information provided to third parties at any time after registration, users may do so by going to your account settings or contacting us using the contact information below. Even after opting-out, a user may continue to receive marketing emails from third parties to whom FoodPunchh already has provided the user's email information. Users will be responsible for directly contacting such third parties to request cessation of further marketing emails.
  • Restaurants. Whenever a user places an order for food from a restaurant, FoodPunchh will transfer all information to the restaurant necessary for preparing and processing the order. On occasion, this may include transferring credit card and other payment information in cases where a restaurant, rather than FoodPunchh, is processing the payment. Users will need to contact restaurants directly to determine the privacy policies that apply to the information that FoodPunchh transfers to the restaurants.
  • Third Party Service Providers. We may share your Personal Information, which may include your name and contact information (including email address) with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, providing customer service and marketing assistance, performing business and sales analysis, supporting our website functionality, and supporting contests, sweepstakes, surveys and other features offered through our Website. We may also share your name, contact information and credit card information with our authorized service providers who process credit card payments, or enable such authorized service providers to interact directly with you to collect such information. These service providers may have access to Personal Information needed to perform their functions but are not permitted to share or use such information for any other purpose.
  • Business Transfers; Bankruptcy. FoodPunchh reserves the right to transfer any or all information, including any Personal Information, in its possession to a successor organization in the event of a merger, acquisition, or bankruptcy or other sale of all or a portion of FoodPunchh's assets. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Privacy Policy, or to a new privacy policy if you are given notice of that new privacy policy and are given an opportunity to affirmatively opt-out of it. Personal Information submitted or collected after a transfer, however, may be subject to a new privacy policy adopted by the successor organization.

Changing Personal Information and Account Termination
You may at any time review or change the Personal Information we maintain about you by going to your account settings or contacting us using the contact information below. Upon your request, we will deactivate or delete your account and contact information from our active databases. Such information will be deactivated or deleted as soon as practicable based on your account activity and accordance with our deactivation policy and applicable law. To make this request, contact us as provided below. We may retain in our files some Personal Information to prevent fraud, to troubleshoot problems, to assist with any investigations, to enforce our Terms of Use and to comply with legal requirements as is permitted by law. Therefore, you should not expect that all Personal Information about you will be completely removed from our databases in response to your requests. Additionally, we keep a history of changed information to investigate suspected fraud with your account.

General Use
We use the Personal Information in the file we maintain about you, and other information we obtain from your current and past activities on the Website to: deliver the products and services that you have requested, manage your account and provide you with customer support, communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, our affiliate companies or other third parties, develop and display content and advertising tailored to your interests on our Website and other sites, resolve disputes, troubleshoot problems, measure consumer interest in our services, reward you for the ads you watch, inform you of updates, customize your experience, detect and protect us against error, fraud and other criminal activity, enforce our Terms of Use, and as otherwise described to you at the time of collection. At times, we may look across multiple users to identify problems. In particular, we may examine your Personal Information to identify users using multiple user IDs or aliases. We may compare and review your Personal Information for accuracy and to detect errors and omissions. We may use financial information or payment method to process payment for any purchases made on our Website, enroll you in the discount, rebate, and other programs in which you elect to participate, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.

PROMOTIONS: CONTESTS, GIVEAWAYS AND SURVEYS
From time to time, FoodPunchh may offer Website users the opportunity to participate in contests, giveaways and other promotions. Any information submitted in connection with such activities will be treated in accordance with this Privacy Policy. From time to time, FoodPunchh may also ask Website users to participate in surveys designed to help FoodPunchh improve the Website. Any Personal Information provided to FoodPunchh in connection with any survey will be used only in relation to that survey, and will be disclosed to third parties not bound by this Privacy Policy only in non -identifying, aggregated forms.

EMAIL REFERRAL PROGRAM
FoodPunchh may offer users the ability to send friends emails about the Website. If a user chooses to use this feature, FoodPunchh will only use that user's friends' email addresses on a one-time basis to send the email requested by the user.

THIRD PARTY WEBSITES
FoodPunchh contractually prohibits its contractors, affiliates, vendors and suppliers from disclosing Personal Information received from FoodPunchh, other than in accordance with this Privacy Policy. Third parties are under no obligation to comply with this Privacy Policy, however, with respect to Personal Information that users provide directly to those third parties or that those third parties collect for themselves. FoodPunchh neither owns nor controls the third-party websites accessible through the Website. Thus, this Privacy Policy does not apply to information provided to or gathered by the third parties that operate them. Before visiting a third-party, whether by means of a link on the Website or otherwise, and before providing any Personal Information to any third party, users should inform themselves of the privacy policies and practices (if any) of the third party responsible for that website, and should take those steps necessary to, in those users' discretion, protect their privacy. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.

INTERNATIONAL USERS
Our Website is hosted in the United States of America and is subject to U.S. state and federal law. If you are accessing our Website from other jurisdictions, please be advised that you are transferring your Personal Information to us in the United States and, by using our Website, you consent to that transfer and to abide by the applicable state and federal laws concerning your use of the Website and your agreements with us. Any persons accessing our Website from any jurisdiction with laws or regulations governing the use of the Internet, including personal data collection, use and disclosure different from those of the jurisdictions mentioned above may only use the Website in a manner lawful in their jurisdiction. If your use of our Website would be unlawful in your jurisdiction, please do not use the Website.

CHILDREN
The Website is a general audience website and is not intended for children under 13 years of age. FoodPunchh does not knowingly collect personal information from children under 13.

SECURITY
We take security of your Personal Information seriously and uses certain physical, managerial, and technical safeguards that are designed to improve the integrity and security of Personal Information that we collect and maintain. However, please be advised that even the best security measures cannot fully eliminate all risks. We cannot and do not guarantee that your information will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If we learn of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the website and/or the mobile app if a security breach occurs.

PRIVACY POLICY CHANGES
FoodPunchh may, in its sole discretion, change this Privacy Policy from time to time. Any and all changes to FoodPunchh's Privacy Policy will be reflected on this page and the date new versions are posted will be stated at the top of this Privacy Policy. Unless FoodPunchh obtains your express consent, any revised Privacy Policy will apply only to information collected after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies. Users should regularly check this page for any changes to its Privacy Policy. FoodPunchh will always post new versions of the Privacy Policy on the Website. However, FoodPunchh may, as determined in its discretion, decide to notify users of changes made to this Privacy Policy via email or otherwise. Accordingly, it is important that users always maintain and update their contact information. Changes to this Privacy Policy will become effective 30 days after posting changes on the Website.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us once a year, free of charge, information about the Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of Personal Information that was shared and the names and addresses of all third parties with which we shared such information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to our privacy officer as listed below.

CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
  • Send information, respond to inquiries, and/or other requests or questions
  • Process orders and to send information and updates pertaining to orders
  • We may also send you additional information related to your product and/or service
  • Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
To be in accordance with CANSPAM we agree to the following:
  • NOT use false, or misleading subjects or email addresses
  • Identify the message as an advertisement in some reasonable way
  • Include the physical address of our business or site headquarters
  • Monitor third party email marketing services for compliance, if one is used
  • Honor opt-out/unsubscribe requests quickly
  • Allow users to unsubscribe by using the link at the bottom of each email
If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

CONTACT
If you have any questions regarding our Privacy Policy, please contact our privacy officer at:
Privacy Officer
FoodPunchh, LLC.
Fax: 512-531-0966
Email: admin@FoodPunchh.com
Phone: 703-596-5342