Privacy Policy

Last Updated: April 7, 2022

Your privacy is important to us. In this Privacy Policy, we tell you what information we collect, share with others, and how we use it.

Scope of this Privacy Policy

Byte to Bite (California), LLC and its affiliates (the “Company,” “we,” “our,” and/or “us”) value the privacy of individuals who use our websites and mobile apps (collectively, our “Platform”). This privacy policy (the “Privacy Policy”) explains how we collect, use, and share information from our users (“Users”). It applies to our customers (“Customers”), third-party service providers (“Third-Party Service Providers”), individuals who deliver products requested by Customers through our Platform (“Couriers”), and other partners and/or end users who use our Platform to facilitate delivery and/or sale of products (“Partners”). By using the Platform, you agree to the Privacy Policy and any future amendments and additions. Your use of our Platform is also subject to our Terms of Service.

1. Information We Collect from Users

The Company collects information from its Users. The categories of information we collect are described below in this Section A.

A.1        Information You Provide Directly to Us

Customers

Sign Up and Profile Information. When you sign up and/or place an order through the Company, its affiliates or one of its Partners as a Customer, you provide us with information, including, but not limited to your name, email address, physical address, and phone number. If you sign up using your Facebook account, we receive information including your name and email address. After registration, Customers can add multiple delivery addresses to their profile. You may be required to provide us with a photograph.

Order Information. When you place an order, we collect information related to the order, which may include items purchased, special instructions, date and time of order, and subtotal.

Feedback. We may ask you for feedback on your order, which may include rating of experience, the applicable restaurant brand, and/or the applicable Third-Party Service Provider and/or Courier.

Surveys. We may offer an opportunity to participate in surveys, promotions, or contests. When a User participates, we may request certain information which may include name and email address.

Payment Information. When you add a payment card to your Byte to Bite account, a third-party payments service provider receives your card information. We do not store full payment card information on our servers.

Couriers

Sign Up and Profile Information. When you sign up to become a Courier, you may provide us with certain information, including, but not limited to your legal name, date of birth, email address, physical address, phone number, photo, vehicle information, and car insurance information. We may share this information with third-party providers who initiate background check reports on you. Additional information about the third parties who run the background checks is provided in Section A.3 below. We may also collect information from you after sign-up as is necessary to effectively operate the Platform.

Surveys. We may offer an opportunity to participate in surveys, promotions, or contests. When a User participates, we may request certain information which may include name and email address.

Payment Information. We receive information from Couriers to provide payment and for tax reporting purposes, including but not limited to bank account and tax information.

Third-Party Service Providers and Partners

Profile Information. A Partner who utilizes our Platform provides us with certain information, including, but not limited to contact name, phone number, email address, physical address, hours, and product information, including product details and price.

Payment Information. We may receive Partners’ bank account information to provide payment as well as any other information necessary to set up payment.

All Users

Communications. If you contact us directly, we may collect additional information about you. For example, when you contact our Customer Support team, or text with us and our Third-Party Service Providers and/or Couriers, we will receive and may retain your name, email address, and the contents of any message or attachments that you may send to us, as well as any other information you choose to provide.

Feedback. Customers, Third-Party Service Providers and Couriers may be able to rate and review each other at the end of every delivery. Customers may be able to see a Third-Party Service Providers and/or Courier’s aggregate ratings during a delivery. After a delivery, we may share feedback or comments that Customers provide with Couriers, Third-Party Service Providers and/or Partners, but we will not identify the Customer. If you are a Customer and do not want a Third-Party Service Provider and/or Courier to know you provided certain feedback or comments, please do not include identifying information in that feedback or those comments. We may also share with Third-Party Service Providers and/or Couriers their aggregate ratings. Customers may also provide us information and feedback related to your experience on the Platform, including, but not limited to order reviews and ratings.

A.2        Information We Collect Automatically Through Your Use of the Platform

Location and Sensor Information. We receive a Customer’s location information when you’re using the Byte to Bite app, including when the app is in use in the foreground or background. We may continuously collect location information and other motion-generated or orientation-generated mobile sensor data from current and prospective Third-Party Service Providers and/or Couriers when the Byte to Bite app is in use in the foreground or background in order to personalize the app experience, assist in finding available markets and/or available delivery opportunities, offer delivery incentives, track the progress and completion of deliveries, and other similar purposes. We also use this information for analytics purposes. For information on your choices for sharing location information, please consult Section F on Your Choices.

Device Information. We receive information from Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, unique device identifiers, other information such as your device type and, if you register with your Facebook account, your Facebook identifier.

Usage Information. We automatically receive information about your interactions with our Platform, such as the pages you were visiting before accessing the Site or mobile application, or other content you view, the products you search for or purchase, and the dates and times of your visits, to help us understand how you use our Platform, help us improve our Platform, and provide you information about our Platform and Partners.

Call and Text Information. We may work with one or more third parties to facilitate phone calls and text messages between Customers, Third-Party Service Providers and Couriers who are delivering the Customers’ products. We receive information about these communications including the date and time of the call or text message, the parties’ phone numbers, and the content of the text messages. By using Company services, including communicating with the Company and your Third-Party Service Provider and/or Courier, you consent to the receipt, recording, and monitoring by the Company of text messages between you and the Third-Party Service Providers and/or Couriers for quality assurance, customer service, security, and fraud prevention. We do not record or have access to the content of the phone calls between Customers and Third-Party Service Providers and/or Couriers. We do record and/or have access to the content of phone calls between Users and the Company.

Information from Cookies and Similar Technologies. We and our service providers collect information using “cookies” and similar technologies to understand how you navigate through and interact with our Platform, to learn what content is popular, for authentication and advertising purposes, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use our Platform. We also use cookies for data analytics purposes, including from Google Analytics. You can find more information on how Google uses data from these cookies at www.google.com/policies/privacy/partners. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on. You should consult your web browser to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of our Platform.

Referrals. You may be able to refer the Company to friends and other contacts. To help you do this, we may request and you can grant us access to your mobile device address book. You can then direct us to send referral text messages or referral emails to contacts you select in your address book. We will use the data from your address book only to process your referral. By sending a referral, you also consent to the Company sending your public profile image to the contacts you select to receive a referral link. By choosing to invite a friend you represent that you have received the friend’s consent to provide his or her name and email address with the Company. The Company will use that information to send an email inviting him or her to visit the Platform and will store that information to track the success of the referral program. The Company or its affiliates may also send marketing emails.

Users may not send, publish, or share any false, misleading, or deceptive communications in connection with participation in the referral program. These actions may violate various federal state and/or international laws, including, but not limited to, the regulations and policies of the Federal Trade Commission. In addition, users may not send any referral emails, text messages, or other communications to children under the age of 13.

If you are referred to the Company through one of our referral programs, or if someone attempts to refer you, the Company may share your name, whether you already signed up for the Company, whether you are a new customer, and whether you have placed a qualifying order with the Company with the person(s) who referred you.

A.3        Personal Information from Publicly Available Sources and Third Parties

Information We Receive from Partners. If you transact through one of our Partners, we receive information about your purchase, including your name, phone number, the product you purchased, and the delivery location.

Background Information on Couriers. The Company may work with third-party providers to perform driving record and criminal background checks on Couriers, and in some instances these third parties provide Couriers’ records to the Company as part of the background check process.

Information from Affiliates and Non-Affiliated Third Parties. We may collect information about you or others through Company affiliates or through non-affiliated third parties. For example, you may be able to access the Platform through a social networking account, such as Facebook. If you access the Platform through your Facebook account, you may allow us to have access to certain information in your Facebook profile. This may include your name, profile picture, gender, networks, and/or email address and other information you allow to be imported from Facebook, which is controlled in your Facebook privacy settings.

Social networking sites, such as Facebook, have their own policies for handling your information. For a description of how these sites may use and disclose your information, including any information you make public, please consult the sites’ privacy policies. We have no control over how any third-party site uses or discloses the personal information it collects about you.

We may also collect information about you or others through non-affiliated third parties. For example, to the extent permitted by law, we may, in our sole discretion, ask for and collect supplemental information from third parties, such as information about your credit from a credit bureau, or information to verify your identity or trustworthiness, or for other fraud or safety protection purposes. We may also collect demographic information, which may include information such as income, marital status, spending habits, and other information pertaining to customers. We may combine information that we collect from you through the Platform with information that we obtain from such affiliated and non-affiliated third parties and information derived from any other products or services we provide.

B.        How We Use the Information We Collect from Users

We use the information collected from and about Users for the following business and commercial purposes:

B.1        Provide services and features. The Company uses the data we collect to provide, personalize, improve, expand, and promote our Platform and other services. This includes using data to:

• Improve Culinary Center operations.
• Optimize our brands and product offerings.
• Facilitate transactions, deliveries, and payments.
• Analyze how you use our Platform.
• Track and share progress of deliveries and orders.
• Notify you about progress of deliveries and orders.

B.2        Communications. The Company uses the data we collect to communicate with you, either directly or through one of our service providers, including for marketing and promotional purposes, and to respond to any issues that may arise during fulfillment and delivery.

The Company also uses the data we collect to provide customer support, including but not limited to responding to customer support questions or your requests, and investigating and addressing User concerns.

B.3        Conduct research and development. The Company may use the data we collect for testing, analysis, operational improvements, product development, and machine learning to improve a user’s experience on the Platform.

B.4        Security and safety. We use the information we collect to help maintain the safety, security, and integrity of our services, third parties, and Users. This includes using data to:

• Find and prevent fraud.
• Protect Users and the Company’s business.
• Provide account and network security.

B.5        Maintain legal and regulatory compliance. The Company may use the information we collect to maintain legal and regulatory compliance. This includes using data to:

• Resolve disputes, to enforce any legal terms that govern your use of the Platform.
• Pay our taxes or fulfill our business obligations.
• Respond to requests by regulators, government entities, and official inquiries.

B.6        Company business purposes. We may aggregate and/or de-identify information collected through the Platform. We may use de-identified or aggregated data for any purpose, including without limitation for research and marketing purposes and may also share such data with any third parties, including without limitation, advertisers, promotional partners, sponsors, event promoters, and/or others.

C.        How We Share Information We Collect from Users

C.1        Sharing between Customers and Couriers

To facilitate fulfillment and delivery of orders, Third-Party Service Providers, Couriers and Customers may have access to certain information about each other. When Third-Party Service Providers and/or Couriers are offered delivery opportunities, they may be able to see the Customer’s delivery location. Once a Third-Party Service Provider and/or Courier accepts a delivery request from a Customer, the Customer may see certain identifying information for the Third-Party Service Provider and/or Courier, which may including but not be limited to first name and last initial, photo, aggregate rating, real-time location (which may reveal locations of other Customers), license plate, and color, make, and model of vehicle. Third-Party Service Providers and/or Couriers may see the Customer’s name, and the Customer’s delivery address and/or real-time location. The Company may allow Customers and/or Third-Party Service Providers and/or Couriers to call and text each other. After a delivery, we may share feedback or comments that a Customer provides but we will not identify the Customer. If you are a Customer and do not want a Courier to know you provided certain feedback or comments, please do not include identifying information in that feedback or those comments. We may also share with Third-Party Service Providers and/or Couriers their aggregate ratings.

C.2        Sharing between Customers and Partners

We may share certain transactional details with Partners involved in the fulfillment and delivery of your order, such as your name, phone number, email address, and/or any physical address associated with your account or any delivery. These Partners may also have access to your public profile image, your feedback, and/or order information, including your purchase history and other information related to your orders with the particular Partner. Such information provided to Partners is not subject to this Privacy Policy, but instead is subject to Partner’s own privacy policies which may allow Partner to, among other things, send you marketing communications and other promotional content.

C.3        Service Providers

We share your information with service providers that perform services on our behalf, including all of the uses described in this Section C. Some examples of service providers are third parties we use for payment processing, advertising, marketing, and analytics.

C.4        Other Sharing

We may share your information with third parties in the following cases:

• Where disclosure is required or appropriate in order to comply with laws, regulations, legal process, or an agency or governmental request;
• With law enforcement officials, government authorities, or third parties, if we think doing so is necessary to protect the rights, property, or safety of the Company, our Users, or the public;
• To protect the security or integrity of our Platform;
• To enforce our agreements, policies, and Terms of Service;
• To respond to an emergency which we believe in good faith requires us to disclose information to assist in preventing the death or serious bodily injury of any person;
• To investigate and defend ourselves or others against any third-party claims or allegations;
• To provide information about the use of our Platform to Third-Party Service Providers, Couriers, Partners, or potential business partners in aggregated or de-identified form that cannot reasonably be used to identify you;
• While negotiating or in relation to a business transaction, such as a merger, sale of assets, or bankruptcy;
• Whenever you consent to the sharing, including without limitation when you use the social features of the Platform to (1) review, rate, and/or provide feedback which will be available for viewing by other Users; (2) share the orders you’ve placed through the Platform with other Users, including, but not limited to designated favorite orders; and/or (3) share your favorite items/restaurant brands or lists of items/restaurant brands with other Users; and
• When you share certain information related to orders with other Users or non-Users, including, but not limited to (a) your cart; (b) the fees associated with your Order (e.g., to split payment with others); (c) the estimated time of delivery and progress of your Order; and/or (d) order destination.

D.        Online Analytics & Interest-Based Advertising

We or third parties may place cookies, web beacons, or other tracking technologies on your computer, mobile phone, or other device to collect information about your use of the Platform. Cookies are small bits of data we store on the device (computer, mobile phone, tablet, or any other mobile device) that you use to access the Platform. We use cookies and other tracking technologies to (a) inform, optimize, and serve marketing content based on past visits to our websites and other sites, (b) report how our marketing content impressions, other uses of marketing services, and interactions with these marketing impressions and marketing services are related to visits to our websites, (c) help us understand how the Platform is being used, (d) let you navigate between pages efficiently, (d) remember your preferences, and (e) generally improve your browsing experience. We also allow other third parties (e.g., ad networks and ad servers such as Google Analytics, DoubleClick, and others) to serve tailored marketing to you and to access their own cookies or other tracking technologies on your computer, mobile phone, or other device you use to access the Platform. We neither have access to, nor does this Privacy Policy govern, the use of cookies or other tracking technologies that may be placed on your computer, mobile phone, or other device you use to access the Platform by non-affiliated, third-party ad technology, ad servers, ad networks or any other non-affiliated third parties. Those parties that use these technologies may offer you a way to opt out of targeted advertising as described below. You may receive tailored advertising on your computer through a web browser. Cookies may be associated with de-identified data linked to or derived from data you voluntarily have submitted to us (e.g., your email address) that we may share with a service provider in hashed, non-human-readable form.

We and our third-party vendors may use Device IDs and other automated technologies (including cookie identifiers on our website), along with other collected information, to deliver content or tailor ads when you are on our Platform or on other devices, apps, or websites. These ads may be based, for instance, on the types of websites that you visit over time, the types of apps you have on your device, or de-identified information about you and your likely interests, based on your activities off our Platform. This type of advertising is often called “interest-based” or “personalized” advertising—and when it occurs on mobile apps, “cross-app” advertising.

Partners that we or others work with to do the above may track your activities over time (including across different apps or websites) by collecting information through automated means, and they may use this information, and other information they receive from us or other sources, to deliver advertisements to you. If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your computer to deliver tailored marketing, you may visit the Network Advertising Initiative's Consumer Opt-Out Link and/or the Digital Advertising Alliance's Consumer Opt-Out Link to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for Display Advertising or customize Google Display Network ads, you can visit the Google Ads Settings page. You can also opt out of cross-app advertising by following in the instructions for your operating system, (iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices). Please note that to the extent advertising technology is integrated into the Platform, you may still receive advertising content even if you opt out of tailored advertising. In that case, the advertising content will just not be tailored to your interests. Also, we do not control any of the above opt-out links and are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms. If your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites, accessible by the above links.

E.        Social Media Usage

We may allow and you may choose to enable or log in to our Platform via various online services, including social networking services like Facebook and Google. Our Platform also may enable you to access social networking services such as Facebook, Twitter, Instagram, or Snapchat (collectively, “Social Network”) directly or indirectly through our Platform.

When you link a Social Network account to the Platform or log into our Platform using your Social Network account, we may collect relevant Personal Information necessary to enable our Platform to access that Social Network and your data contained within that Social Network. We also may share your information with the operator of that Social Network to facilitate or enhance delivery of that Social Network or other services to you. A Social Network may provide us with access to certain information that you have provided to them, and we will use, store, and disclose such information in accordance with this Privacy Policy. Additionally, a Social Network may collect information, including information about your use of our Platform automatically. The way a Social Network collects, uses, stores, and discloses your information is governed by the policies of such third parties and the Company shall have no liability or responsibility for the privacy practices or other actions of any Social Network that may be enabled within our Platform.

You may also have the option of posting your activities on our Platform and other content to a Social Network when you access content through our Platform. For example, you may post to Facebook that you placed an order with the Company. Keep in mind that your usage of Social Network features is governed by applicable Social Networks and not by the Company and may be visible or accessible to the public.

F.        Your Choices

In addition to other choices described in this Privacy Policy and in the Platform, you have other choices regarding your information:

Profile Information. You can update your profile information through your profile settings. If you need to change the email address associated with your account, please contact us at platform@bytetobite.com.

Location Information. While you can prevent your device from sharing location information at any time through your device’s operating system settings, Customer and Courier location is core to our Platform and without it, you may not be able to successfully use our Platform.

Email Subscriptions. You can always unsubscribe from our promotional emails via the link provided in the emails. Even if you opt out from receiving promotional messages from us, you will continue to receive administrative messages from us.

Account Deletion. If you would like to delete your Byte to Bite account, please contact us at platform@bytetobite.com with your request. If you choose to delete your account, we will delete it for you, but may retain certain information to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the Platform, assist with any investigations, prevent fraud, enforce our Terms of Service, or take other actions as required or permitted by law and/or regulations.

G.        Third-Party Links

Our Platform may contain links to other websites, products, or services that we do not have control over. Please be aware that we are not responsible for the privacy practices of such third parties. We encourage you to read their privacy policies before giving them your information.

H.        Data Security

We are committed to protecting your information. We use administrative, logical, physical, and managerial measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. Unfortunately, no security measures can be 100% secure, so we cannot guarantee the security of Users’ data. While we do our best to protect your information, you are also responsible for protecting your information by, for example, protecting your account credentials. If you have any reason to believe that your account has been compromised, please notify us immediately at platform@bytetobite.com.

I.        Children’s Privacy

Our Platform is not directed to children, and we do not knowingly collect personal information from children under 13. If you believe that a child under the age of 13 has given us personal information, please contact us at platform@bytetobite.com.

J.        Consent to Transfer

Our computer systems are currently based in the United States, so your personal data will be processed by us in the United States, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. If you create an account with the Platform as a visitor from outside the United States, by using the Platform, you agree to this Privacy Policy and you consent to the transfer of all such information to the United States, which may not offer a level of protection equivalent to that required in certain other countries, and to the processing of that information as described in this Privacy Policy.

K.        Privacy Information for California Residents

Under the California Consumer Privacy Act or CCPA, and subject to exceptions, California residents have certain rights regarding their data, including:

• The right to know the categories of Personal Information we’ve collected and the categories of sources from which we got the information (see Section A and the chart just below).
• The right to know the business purposes for sharing Personal Information (see Section B and the chart just below).
• The right to know the categories of third parties with whom we’ve shared Personal Information (see Section C and the chart just below).
• The right to access the specific pieces of Personal Information we’ve collected and the right to delete your information.
• The right to opt out of having your Personal Information sold. The Company does not sell or rent Personal Information to third parties, as we understand that term to be defined by the CCPA and its implementing regulations and we have not engaged in such activity in the past 12 months, including for minors under 16 years of age without affirmative authorization.

Categories of Personal Information under the California Consumer Privacy Act

California residents also have the right to not be discriminated against if they choose to exercise their privacy rights.

As a California resident, you may exercise your right to know or your right to deletion by visiting [see last page for example] after logging into your account. We require you to log into your account so that we verify your identity prior to accessing or deleting your information. You may also designate an authorized agent to make a request to know or a request to delete. We do not currently have a reasonable method of verifying the identity of non-registered users to a reasonable degree of certainty, as we do not maintain enough personal information to enable us to verify non-registered users with sufficient certainty. Thus, we cannot honor the access or deletion requests of non-registered users at this time.

Do-Not-Track Disclosure: We are committed to providing you with meaningful choices about the information collected on our Platform for third party purposes. That is why we have provided links (above) to the NAI "Consumer Opt-Out" link, the DAA opt-out link, and a Google opt-out link. However, we do not currently recognize or respond to browser-initiated Do-Not-Track signals, as the Internet industry is currently still working on Do-Not-Track standards, implementations, and solutions.

California Law permits California residents to request certain information once per year regarding our disclosure of “personal information” (as that term is defined under applicable California law) to third parties for such third parties’ direct marketing purposes. To make such a request, please send written notice, by certified mail or Federal Express (signature required), noting that you are making a “California Privacy Request” to the following address:

Byte to Bite (California), LLC

1958 Colorado Blvd.

Eagle Rock, CA 90041

L.        Nevada Residents

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.

We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by contacting us at platform@bytetobite.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

M.        Other Important Information

Parts of the Platform may include third-party integrations such as Google Maps features and content, including the Google Maps API(s). Your use of these services is subject to their respective privacy policies such as the Google Privacy Policy.

N.         Changes to Our Privacy Policy

We may make changes to this Privacy Policy from time to time. If we make any changes, we will revise the “Last Updated” date at the top of this Privacy Policy. If we make any material changes, we will let you know through the Platform, by email, or other communication. We encourage Users to read this Privacy Policy periodically to stay up to date about our privacy practices. As long as you use the Platform, you are agreeing to this Privacy Policy and any updates we make to it.

O.        Contact Information

Feel free to contact us at any time with any questions or comments about this Privacy Policy, your personal information, our use and sharing practices, or your choices regarding your information by contacting us at platform@bytetobite.com.

Example for CA opt-out page, replace “Uber” with “Company”