FOOD2DESK PRIVACY POLICY

INTRODUCTION

Food2Desk Technologies, Inc., and our affiliates and subsidiaries, as applicable (the “Company”, “Food2Desk”or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes how we collect, use, disclose, and protect the personal information of our customers, persons employed by Food2Desk and independent delivery contractors engaged by Food2Desk (collectively, “Runners”) to deliver products from our merchant restaurants (“Merchants”), and website or application users (“you“), describes the types of information we may collect from you or that you may provide when you visit the website www.Food2Desk.biz (our “Website“), the Company’s proprietary mobile application made available to customers, FOOD2DESK (the “User App”) or the Company’s proprietary mobile application made available to Runners (the “Runner App”, and, together with the User App, the “Apps”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

We will only use your personal information in accordance with this policy unless otherwise required by applicable law. We take steps to ensure that the personal information that we collect about you is adequate, relevant, not excessive, and used for limited purposes.

Privacy laws in Canada generally define “personal information” as any information about an identifiable individual, which includes information that can be used on its own or with other information to identify, contact, or locate a single person. Personal information does not include business contact information, including your name, title, or business contact information.

This policy applies to information we collect, use, or disclose about our customers, Runners and Website users and users of either of our Apps:

  • On this Website or either of the Apps.
  • In email, text, and other electronic messages between you and this Website or either of the Apps.
  • Through mobile and desktop applications you download from this Website or either of the Apps, as applicable, which provide dedicated non-browser-based interaction between you and this Website or either of the Apps.
  • When you interact with our advertising and applications on third-party websites or applications and services if those applications or advertising include links to this policy.

The Website or Apps may include links to third-party websites, plug-ins, services, social networks, and/or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. If you follow a link to a third-party website or application or engage a third-party plugin, please note that these third parties have their own privacy policies and we do not accept any responsibility or liability for these policies. We do not control these third-party websites, and we encourage you to read the privacy policy of every website and application you visit.

This policy does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by the Company or any third party (including our affiliates and subsidiaries, as applicable).
  • Any third party (including our affiliates and subsidiaries, as applicable), through any application or content (including advertising) that may link to or be accessible from or on the Website or either of the Apps.

Please read this policy carefully to understand our policies and practices for collecting, processing, and storing your information. If you do not agree with our policies and practices, your choice to elect not to use our Website or either of the Apps. By accessing or using this Website or either of the Apps, you indicate that you understand, accept, and consent to the practices described in this policy. This policy may change from time to time (see “Changes to Our Privacy Policy”). Your continued use of this Website or either of the Apps after we make changes indicates that you accept and consent to those changes, so please check the policy periodically for updates. We will notify you in advance of any material changes to this policy and obtain your consent to any new ways that we collect, use, and disclose your personal information.

INFORMATION WE COLLECT ABOUT YOU

We collect and use several types of information from and about you, including:

  • Personal information, that we can reasonably use to directly or indirectly identify you, such as your name, mailing address, e-mail address, telephone number, Internet protocol (IP) address used to connect your computer or mobile device to the Internet, user name or other similar identifier, billing and account information, social insurance number, location data of both Runners and customers, communications data including text and call communications between Runners and recipients, transaction information including order details, delivery information, date and time of order and delivery, amount and method of payment, user feedback including ratings and compliments, information provided in relation to claims and disputes, and any other identifier we may use to contact you online or offline (“user personal information“). Additionally, in the case of Runners, we collect information including background check and identity verification which may include criminal records and rights to work, information required to asses the suitability for employment or contracting (as applicable) of Runners, including information on resumes and application forms, personal, educational, and professional history, offers of employment and contracts, date of birth, gender, marital and dependent status, beneficiary and emergency contact information, bank account details and payroll information, wage and benefit information, compensation history, performance information and reviews, insurance enrollment information, trade union membership under some circumstances, start date, location of employment, training and training forms, photograph, rate of pay, hours of work, deductions, TD1 forms, attendance and vacation records, any garnishing orders, authorizations to pay or assignments, pension and group RRSP information, direct deposit information, health and return to work information, work history, discipline history, documentation related to job qualifications, internal competition information, physician’s notes and/or records, and occupational health and safety documentation (together with user personal information, “personal information”).
  • Non-personal information, that does not directly or indirectly reveal your identity or directly relate to an identified individual, such as demographic information, or statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal information. For example, we may aggregate personal information to calculate the percentage of users accessing a specific Website feature, or feature on either of the Apps.
  • Technical information, including your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, hardware models, device IP address, or information about your internet connection, mobile network, the equipment you use to access our Website or the Apps, and usage details.
  • Non-personal details about your Website interactions and interactions with either of the Apps, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Website or Apps (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, or any phone number used to call our customer service number.

HOW WE COLLECT INFORMATION ABOUT YOU

We use different methods to collect your information, including through:

  • Direct interactions with you when you provide it to us, for example, by filling in forms or corresponding with us by phone, email, or otherwise.
  • User contributions. You may also provide information for us to publish or display on public areas of the Website or Apps or transmit to other users of the Website or Apps or third parties.
  • Automated technologies or interactions, as you navigate through our Website or Apps. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies, as applicable.
  • Third parties or publicly available sources, for example, our business partners.

Information You Provide to Us

The information we collect directly from you on or through our Website or Apps may include:

  • Information that you provide by filling in forms on our Website or Apps. This includes information provided at the time of registering to use our Website or the Apps, subscribing to our service, posting material, requesting further services, or submitting an application to become, or registering as, a Runner. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website or either of the Apps.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website or either of the Apps, and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website or either of the Apps. You may be required to provide a delivery address or location data in order to process orders.
  • Your search queries on the Website or either of the Apps.

You may also provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website or Apps or transmitted to other users of the Website or Apps or third parties (collectively, “User Contributions“), for example ratings or compliments provided by you to our Merchants. Your User Contributions are posted and transmitted to others at your own risk. Please be aware that no security measures are perfect and we cannot control the actions of other users of the Website or Apps with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that unauthorized persons will not view your User Contributions.

Information We Collect Through Cookies and Other Automatic Data Collection Technologies 

As you navigate through and interact with our Website or either of the Apps, we may use cookies or other automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Usage details. When you access and use the Website or either of the Apps, we may automatically collect certain details of your access to and use of the Website or Apps, including traffic data, location data, shopping and purchase data, menu viewing data, logs, and other communication data and the resources that you access and use on or through the Website or either of the Apps.
  • Device information. We may collect information about your mobile device or computer used to access our services and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
  • Stored information and files. The Website and Apps also may access metadata and other information associated with other files stored on your mobile device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.
  • Location information. The Apps collect real-time information about the location of your device. The GPS receiver – which should be installed on the mobile device on which you have downloaded either of the Apps – detects customer and Runner location and uses your location to optimize sending orders to Merchants. Food2Desk collects precise or approximate location data from customers and Runners’ mobile devices if they enable us to do so. Food2Desk collects this data from the time a delivery is requested until it is finished, and any time either of the Apps is running in the foreground of their mobile device in order to provide Customers with an estimate of the time until arrival of a delivery. Runners will confirm pick-up of the customer’s order from the Merchant and delivery to the Customer, at which times, live tracking of the customer’s order will commence and end, respectively.

We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). To learn more or to opt-out of tailored advertising please visit Digital Advertising Alliance of Canada Opt-Out Tool for information on how you can opt out of behavioral tracking on this Website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically is statistical information and may include personal information  and we may maintain it or associate it with personal information we collect in other ways, that you provide to us, or receive from third parties.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies and mobile cookies). A cookie is a small file placed on the hard drive of your computer or on your smartphone. You may refuse to accept browser cookies or mobile cookies by activating the appropriate setting on your browser or smartphone. However, if you select this setting you may be unable to access certain parts of our Website or our Apps. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website or either of the Apps.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings that are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our Website, Apps, and any of our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website or app statistics (for example, recording the popularity of certain website or app content and verifying system and server integrity).

Third Party Information Collection, Use of Cookies and Other Tracking Technologies

When you use the Website or either of the Apps, some content including advertisements, are served by third-parties, which may include advertisers, ad networks and servers, analytics companies, content providers, application providers, your mobile device manufacturer and your mobile service provider, who may collect information about you and your device. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Website or either of the Apps. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioural) advertising or other targeted content. In addition to helping advertisers reach the right people for their products and services, behavioural advertising helps support the Website and the Apps so that you can enjoy free content.

You can opt-out of several third party ad servers’ and networks’ cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada. You can also access these websites to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.

We do not control these third parties’ tracking technologies or how they are used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For more information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website, Apps and their contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill the purposes for which you provided the information or that were described when it was collected, or any other purpose for which you provide it.
  • To carry out our obligations and enforce our rights arising from any contracts with you, including for billing and collection or to comply with legal requirements.
  • To notify you about changes to our Website, Apps, or any products or services we offer or provide though them.
  • To improve our Website, Apps, products or services, marketing, or customer relationships and experiences.
  • To allow you to participate in interactive features, social media, or similar features on our Website and Apps.
  • To measure or understand the effectiveness of the advertising we serve to you and others, and to deliver relevant advertising to you.
  • Accounting and auditing.
  • In the case of Runners, and as applicable, to assess suitability for employment or to manage and administer relationships with an independent contractor, where necessary for the performance of employment contracts, business management and planning including internal administration with our affiliated entities, processing employee work-related claims, to process payroll and benefits, to evaluate and manage performance and development, employee administration, to enroll and administer benefits and claims, conducting performance reviews and determining performance requirements, assessing qualifications for a particular job or task, gathering evidence for disciplinary action or termination, education, training, and development requirements, health administration services, to ensure workplace health and safety, and manage absences.
  • To ensure compliance with law, employment obligations and Company policy, including searches of Company property or personal belongings on Company property.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

Usage information that we collect helps us to improve our Website and Apps and to deliver a better and more personalized experience, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website and Apps according to your individual interests.
  • Speed up your searches.
  • Recognize you when you use the Website or Apps.

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates, as applicable.
  • To our Merchants to the extent necessary to complete orders.
  • In accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Food2Desk’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Food2Desk about our customers and users is among the assets transferred.
  • To advertisers and advertising networks that require the information to select and serve relevant advertisements to you and others. We do not disclose data about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users (for example, we may inform them that 400 women between 30 and 45 have clicked on their advertisement on a specific day). We may also use such aggregate information to help advertisers target a specific audience (for example, men in a specific location). We may make use of the personal information we have collected from you to enable us to display our advertisers’ advertisement to that target audience.
  • To contractors, service providers, and other third parties we use to support our business (such as analytics and search engine providers that assist us with improvement and optimization of the Website and Apps) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website or either of the Apps, we will transmit the contents of that email and your email address to the recipients.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request, in accordance with applicable law.
  • To enforce or apply our terms of use available online at Food2Desk.biz/Terms and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Food2Desk, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

TRANSFERRING YOUR PERSONAL INFORMATION

We may transfer personal information that we collect or that you provide as described in this policy to contractors, service providers, our Merchants, and other third parties we use to support our business (such as analytics and search engine providers that assist us with improvement and optimization of the Website and Apps) and who are contractually obligated to keep personal information confidential, use it only for the purposes for which we disclose it to them, and to process the personal information with the same standards set out in this policy.

We may process, store, and transfer your personal information in and to a foreign country, with different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country. Whenever we engage a service provider, we require that its privacy and security standards adhere to this policy and applicable Canadian privacy legislation.

You are welcome to contact us to obtain further information about Company policies regarding service providers outside of Canada. See Contact Information and Challenging Compliance.

By submitting your personal information or engaging with the Website or either of the Apps, you consent to this transfer, storage, or processing.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. You can choose whether to allow the Website or either of the Apps to collect information through other tracking technologies by emailing[email protected]. If you disable or refuse cookies, please note that some parts of this Website or either of the Apps may not be accessible or may not function properly. For more information about tracking technologies, see Information We Collect Through Cookies and Other Automatic Data Collection Technologies.
  • Location Information.You can choose whether to allow the either of the Apps to collect and use real-time information about your device’s location through the device’s privacy settings by emailing [email protected] If you block the use of location information, some parts of the Apps may be inaccessible or not function properly.
  • Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for marketing or promotional purposes, you can opt-out by sending us an email stating your request to [email protected]
  • Promotional Offers from the Company. If you have opted in to receive certain emails from us but no longer wish to have your email address or contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to [email protected] If we have sent you a promotional email, you may unsubscribe by clicking the unsubscribe link we have included in the email.
  • Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt out by sending us an email stating your request to [email protected] For this opt-out mechanism to function, you must have your browser set to accept browser cookies.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of several third party ad servers’ and networks’ cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada. You can also access these websites to learn more about online behavioural advertising and how to stop websites from placing cookies on your device. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.

DATA SECURITY

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. To the extent a user account is required to access certain portions of the Apps or Website, you are responsible for ensuring that your user account remains secure, this includes keeping your account’s password confidential. We therefore encourage you to protect your password or user account, and to not share either of them with any other person. We urge you to be careful about giving out information in public areas of the Website or either of the Apps like message boards, which any visitor of the Website or Apps can view.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted on or through our Website and our Apps. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website or either of the Apps.

DATA RETENTION

Except as otherwise permitted or required by applicable law or regulation, we will only retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Under some circumstances we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.

CHILDREN UNDER THE AGE OF 13

Neither our Website nor Apps are intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Website or either of the Apps. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this Website, either of the Apps, or on or through any of their features/register on the Website or either of the Apps, make any purchases through the Website or either of the Apps, use any of the interactive or public comment features of this Website or either of the Apps, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at to [email protected].

ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes. By law you have the right to request access to and to correct the personal information that we hold about you.

You can review and change your personal information by logging into the Website or either of the Apps and visiting your account settings page.

We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.

We will provide access to your personal information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions include:

  • Information protected by solicitor-client privilege.
  • Information that is part of a formal dispute resolution process.
  • Information that is about another individual that would reveal their personal information or confidential commercial information.
  • Information that is prohibitively expensive to provide.

If you are concerned about our response or would like to correct the information provided, you may contact our Executive Team at [email protected].

If you delete your User Contributions from the Website or either of the Apps, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other users of the Website or Apps. Proper access and use of information provided on the Website and the Apps, including User Contributions, are governed by our terms of use available at www.Food2Desk.biz/Terms.

WITHDRAWING YOUR CONSENT

Where you have provided your consent to the collection, use, and transfer of your personal information, you may have the legal right to withdraw your consent under certain circumstances. To withdraw your consent, if applicable, contact us at [email protected]  Please note that if you withdraw your consent we may not be able to provide you with a particular product or service. We will explain the impact to you at the time to help you with your decision.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page. We include the date the privacy policy was last revised at the top of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

BREACH OF OUR PRIVACY POLICY, RUNNERS

Runners, as employees or independent contractors, are responsible for furthering the objectives of this policy and handling personal information of others in accordance with this policy, and as such, are expected to regularly review and stay current on this policy. An employee or contractor who breaches this policy may be subject to discipline up to and including termination for just cause or termination of contract, as applicable.

CONTACT INFORMATION AND CHALLENGING COMPLIANCE

We welcome your questions, comments, and requests regarding this privacy policy and our privacy practices. Please contact us at:

Executive Team

[email protected]

We have procedures in place to receive and respond to complaints or inquiries about our handling of personal information, our compliance with this policy, and with applicable privacy laws. To discuss our compliance with this policy please contact our Executive Team using the contact information listed above.