Privacy Policy

Privacy Policy

Effective: August 2024


Welcome! We are so happy you are here, and we cannot wait to deliver you food happiness, but before you use our Platform and /or Services, please read this Privacy Policy carefully.

This Privacy Policy explains how Food Hub US LLC and its subsidiaries and affiliates ("Foodhub", "we", "us" or "our") collect, use, disclose, and otherwise process personal data in connection with the use of our Platform, either from individual's purchasing food (a "Customer") or from a Merchant using our Platform and Services (a "Merchant"), collectively known together as "you or your".

Our Platform includes: (i) our websites, such as Foodhub.com; (ii) related mobile sites and mobile application(s); (iii) in-store kiosks and other online services, (iv) our use of the Third Party Point of Sale(Third Party POS) system to run aspects of our mobile application(s) and (v) any other properties, programs, tools or technology now or in the future; in each case, that reference this Privacy Policy. Our Services includes collectively the Platform, online and support services Foodhub provides to its Merchants and Customers, in accordance with the respective agreements entered into between both parties, which reference this Privacy Policy.

This Privacy Policy does not cover or address the privacy practices of each Merchant's own business, including their authorized licensees and franchisees, who are available on our Platform, or our privacy practices relating to the personal information of job applicants, employees, Delivery Partners, and other personnel. If you see any undefined term in this Privacy Policy, it has the definition specified in our Terms of Use.

Foodhub's processing of all personal data, inclusive of the Third-Party POS, is governed by this Privacy Policy and the separate agreements we have with the Customer or the Merchant. In the event of any conflict between this Privacy Policy and a Merchant or a Customer, their agreement with us will control the outcome, to the extent permitted by any applicable law.

By accessing or using our Platform, you agree that you have read, understood, and agreed to our collection, storage, use and disclosure of your personal information or data as described in this Privacy Policy and our Terms of Use.

If you are looking for our Privacy Policy applicable for the United Kingdom, please refer to this link https://foodhubforbusiness.com/privacy-policy

1. Personal Information We Collect

The personal data Foodhub collects from you will vary according to your use of our Platform and Services. Typically, the information we collect may include but not be limited to the following:

1.1 Contact and profile information.

When you create an Account, complete your Account profile, sign up for a mailing list, or otherwise communicate or interact with us, we may collect personal data from you, such as your name, phone number, e-mail address, and physical address. We use this contact and profile information to: (i) create and personalize your Account; (ii) communicate with you directly about the Platform and Services as well as about any questions, issues or concerns you or other users may have, (iii) fulfil your order, and (iv) send you marketing communications in accordance with your preferences and consent.

1.2 Payment information.

When a Customer makes a payment using our Platform, it is necessary to provide information to complete the order, such as credit card, debit card, or gift card details. Foodhub does not retain credit or debit card details on its records for individuals, but we do collect information about the transaction at the time of ordering, which may include personal data. Without this information, we cannot complete our Services to the Customer or Merchant.

Information about a transaction includes the type of payment card used, the name associated with the payment card, the location of the Merchant's store, the date and time of the transaction, the transaction amount, and information about the goods or services purchased in the transaction. We use this transaction information to fulfil your order and to detect and prevent fraud from occurring through the use of our services.

For corporate Accounts, used for business purposes, we may also have corporate credit card numbers or other payment account numbers. We use this payment information to fulfil your order, complete the transaction, and detect and prevent fraud.

1.3 Additional payment information (Customers) 

Foodhub may collect additional information ancillary to a Customer's payment, which includes personal data where we have used the Third-Party POS to complete a transaction. This information and personal data may include:
In addition, to personalize a Customer or Merchant's experience we may collect information to perform analytics / identify usage trends and inform preferences for our advertising and marketing. This is covered in more detail within this Privacy Policy.

1.4 Additional information 

Customers
Merchants may provide Foodhub with additional personal data directly via any access they may grant to us, or otherwise. The types of personal data Merchants may provide to us about their Customers include email addresses, phone numbers, IP address, purchase detail and refund history, so that we may fulfil our services to them. 

Personnel
The types of personal data that Merchants may provide to us about their personnel include email addresses, phone numbers, shifts, and sales history. Foodhub will only collect sufficient personal data to fulfil their contractual responsibilities when providing their Services to the Merchant.

Where applicable, Foodhub may also collect information about Merchants' personnel and how they interact with the Third Party POS, such as clock-in and clock-out time and tips earned for analytical purposes.

1.5 Communications, Participation and other content

We maintain all communications with you resulting from your interactions with us by email, phone, mail or chat. We also record any comments and opinions expressed by you when responding to our surveys, entering a sweepstakes or taking part in the promotions we run. We use all of the foregoing communications to address your questions, issues and concerns and to improve our Services. We also maintain your ratings and reviews regarding Merchants on our Platform, which we may post for the benefit of all of our users.

 
1.6 Other information you provide. 

Only with your permission, may we access your photos or contact list from your mobile device, Facebook Messenger account or email account to enable you to share content or promotions or invite your friends to connect with our Services, including through our friend referral program.

We may also use aggregate personal information for regulatory compliance, industry and market analysis, research, demographic profiling, marketing and advertising, and other business purposes, as long as the end- product is not personal data and thereby does not uniquely identify you or any other user of our Services.

1.7 Personal Information Generated and/or Automatically Collected about your device and its software while using our Platform Information

Information about your device and its software includes your IP address, browser type, internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify your browser, mobile device, or your Account (including, for example, a persistent device identifier or an Ad ID), and other similar information.

We may also work with third- party partners to employ technologies, including statistical modeling tools, that permit us to recognize and contact you across multiple devices. We use this device and software information to diagnose and fix technology problems, serve you personalized advertising, where consent has been provided, personalize your experience, perform analytics/identify usage trends, and improve our products and Services.

1.8 Information about the way you access and use our Services.

For example, information about the way you access and use our Platform and Services includes the site from which you came and the site to which you are going when you leave.

In addition, we track the pages you visit on the Platform, the links you click on the Platform, whether you open emails or click the links contained in emails that we send, other actions you take on the Services, and whether you access the Services from multiple devices. We may also use the information about the way you access and use our Services to determine products and services that may be of interest to you, to improve our products and Services, to evaluate the success of our advertising and marketing campaigns, and to send you marketing communications, where consent has been provided to do this. 

1.9 Analytics information.

We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends and the demographics of our users in order to improve our Services. You can learn more about Google's practices at google.com/policies/privacy/partners.

1.10 Location Information. 

In some cases, you may provide your location information to us directly, so that we can fulfil our services (e.g. when you provide us with a delivery address for an order). In other cases, we may collect your location through GPS, Wi-Fi, wireless network triangulation or other methods, or we may otherwise infer your location based on other information we collect e.g. an approximate of your location through your IP Address.

We use location information to customize content of our Services for relevance purposes (e.g., show you the Merchants that will deliver to your location and show you relevant benefits available), facilitate your order and delivery Services, detect and prevent fraud, and measure traffic and analytics on the Services. If you have previously opted into Foodhub's collection and use of location-based information through our mobile application, you may opt-out by adjusting the settings on your mobile device. 

We also use the Google Maps API to gather information about your location. Google uses various technologies to determine your location, including IP address, GPS, and other sensors that may, for example, provide Google with information on nearby devices, Wi-Fi access points, and cell towers (see the Google privacy.policy and the Google Maps terms of service to learn more).

We typically collect the foregoing information through a variety of tracking technologies, including cookies, Flash objects, web beacons, embedded scripts, mobile SDKs, location-identifying technologies, and similar technology (collectively, "tracking technologies"), and we may use third-party partners or services to assist with this effort. Information we collect automatically about you or your device may be combined with other personal information we collect directly. For information about our and our third-party partners' use of cookies and related technologies used to collect information automatically and choices you may have in relation to its collection, please see the section of this Privacy Policy about our use of cookie’s.

We, or the third-party partners we use, may use the data collected automatically through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Platform; (b) provide custom, personalized content and information; (c) identify and contact you across multiple devices; (d) provide and monitor the effectiveness of our Services; (e) perform analytics and detect usage patterns on our Services; (f) diagnose or fix technology problems; (g) detect or prevent fraud or other harmful activities, and (h) otherwise plan for and enhance our Services and for other internal purposes.

1.11 Data from other sources

Information we receive from third-party sites. We may receive personal information about you from third parties and combine that with information we collect through our Platform. For example, we may obtain information when you login through a third-party social network or authentication service, such as Facebook or Google. These services will authenticate your identity and provide you with the option to share certain personal information or data with us, which could include your name, email address, address book, and contacts, or other information.

Similarly, we collect information when you interact with us through a social media site or through a third-party service, such as liking or following matters from Foodhub, one of our subsidiaries and affiliates, co-marketing partners, service providers, or from other third parties. For example, if your company, university, or organization participates in one of our enterprise programs, we may receive your information from that participating organization for the purpose of setting up your Accounts or for billing purposes. We may receive additional information about you, such as fraud detection information, from third party partners and combine it with other information that we have about you. We use this information from affiliates or third parties to create your Accounts, to contact you, to send you advertising or promotional materials where you consent or to personalize our Services, to protect against bot attacks and account takeovers, and to better understand the demographics of our users.

We do not control, supervise or respond to how the third parties providing your information process your personal information, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.

2. How We Use Your Personal Information

In addition to the uses described above, we may collect and use personal information to:

2.1 Provide, maintain, improve and develop the Platform and Services. We may use your personal data to provide, maintain, improve and develop our Platform and Services. For example, we may:

2.2 Maintain the safety, stability and security of our Platform and Services. We may use the personal information to maintain the safety and security of our Platform and Services. For example, we:
In addition, we may also use your personal data for related internal purposes, such as:

2.3 Communications with you to provide support and other important messages. We may use personal information to communicate important messages to you and/or to provide you with support. For example, we might send you service-related emails or messages (e.g., user Account verification, changes or updates to features of the Platform or Services, technical and security notices) and other communications from or about Foodhub.

2.4 Provide, personalize, measure and improve our advertising and marketing. We may use personal information to provide, personalize, measure and improve our advertising and marketing. For example, we:
2.5 Legal and regulatory requirements and proceedings. We may use personal data as we believe necessary or appropriate to (a) comply with applicable laws and lawful requests and legal processes, such as to respond to subpoenas or requests from government authorities; (b) enforce the terms and conditions that govern our application; (c) protect our rights, privacy, safety or property, and/or that of you or others; and (d) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

2.6 Enforce our rights. When you access or use our Platform or Services, you are bound by our Terms of Use and this Privacy Policy. To ensure you comply with them, we may use your personal information to monitor, investigate, prevent and/or mitigate violations of our Terms of Use as well as enforce our agreements with third parties and business partners.

2.7 Other purposes disclosed at the time of collection. From time to time, we may use personal information for a specific purpose not contemplated by this Privacy Policy. In such an event, we will specifically disclose that use to you.

3. Our Sharing and Disclosure of Personal Information

We disclose personal information to the following types of third parties:

3.1 Merchant Sharing. We disclose personal information to the Merchant you order from, and third parties engaged by those Merchant (e.g. point of sale providers or their own delivery personnel), including communicating with you about the status of your order or cancelled items or otherwise as the Merchant may direct. If you make a purchase from a Merchant that offers loyalty or rewards programs through our Platform, we may disclose your personal information to the Merchant as needed to facilitate your participation in the Merchant's loyalty or rewards programs, including to track points and redemptions. In some cases, you may also affirmatively opt in to share your information directly with the Merchant as will be disclosed on the Platform.

3.2 Other Third Parties . In addition to Merchants, you order from, we may also disclose personal information or data to other third parties, as needed to fulfil your orders. This helps us manage and improve the use of our Platform and Services and includes disclosure, without limitation, to delivery providers, payment processors, subsidiary companies or affiliates of Foodhub, as described in this Privacy Policy.

3.3 Information provided to third parties in connection with our enterprise customers. If your company, university or organization participates in one of our enterprise programs, we may share some of your information with that organization, including your name, student ID number, contact details, order history, and other information as required to enable use by you and the organization of such Services. If you are a campus user, we also share information with food service providers that operate Merchants and other food ordering and delivery services on your campus.

3.4 Service providers and contractors . We disclose personal information to third parties that provide services for us or on our behalf, such as the Third-Party POS, website hosting, data analysis, infrastructure provisioning, IT services, customer service, email delivery services, fraud detection, security monitoring, advertising and marketing, and other similar services.

3.5 Analytics providers. We share personal information or data with third-party analytics providers to better understand the demographics of our users and visitors, and to personalize your experience with us:

3.6 Affiliate Sharing. We may share your personal information or data with other companies owned or controlled by Foodhub, and other companies owned by or under common ownership of Foodhub, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns, for operational or business purposes or as otherwise described in this Privacy Policy.

3.7 Public. We make available through the Services certain features, which may enable you to post information and materials, for example, ratings and reviews, photo uploads, and chat functionality. Please note that any information you provide in connection with such Services may be available to site visitors and to the general public. Please do not disclose your personal information or data in these public or interactive areas on the Services, and we urge you to exercise discretion and caution when deciding to disclose any other information and/or materials in these public or interactive areas on the Services. Foodhub cannot be held responsible for the personal information or data you may disclose in these public or interactive areas.

3.8 Business Transaction or Reorganization. We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of all or a portion of company assets. We may disclose personal information or data to a third-party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy, or receivership. We will make reasonable efforts for the recipient of this information or data to honor the terms of this Privacy Policy.

3.9 Legal Obligations and Rights. We may disclose personal information or data to third parties, such as legal advisors and law enforcement, as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) enforce our Terms of Use or to protect the security or integrity of our Services; (c) detect, suppress or prevent fraud or reduce credit risk and collect debts owed to us; and/or (d) exercise or protect the rights, property, or personal safety of Foodhub, our visitors, or others.

3.10. Consent. We may disclose personal information about you to other third parties with your consent.

4. Control Over Your Personal Information 

4.1 Profile Settings. You may update your profile information in the" Your Account" section of our Services. 

4.2 Access to your Device Information and Push Notifications. You may control access to your device information or opt out of push notifications through your "Settings" app on your device. For instance, you can withdraw permission for the app to access your location data through your device settings, though we may continue to approximate your location based on your IP address or through other means. 

4.3 How to control your communications preferences. You can stop receiving promotional email communications by clicking on the "unsubscribe link" provided in such communications. You may not opt out of service-related communications (e.g., Account verification, transactional communications, changes/updates to features of the services, technical and security notices). You may also unsubscribe from receiving certain order-related text (SMS) or multimedia (MMS) messages by replying "STOP" to the number sending the message.

4.4 Please see our Terms of Use for more information on communications from or on behalf of Foodhub. To learn more about how you may control your advertising choices, please see the section of this policy about our use of cookie’s.

5. How We Store and Protect Your Information

5.1 Data storage and transfer. Your information collected through our Service is stored and processed in the United States. Please refer to our alternative website addresses for our Privacy Policy relating to other jurisdictions we operate from, such as the United Kingdom, Australia or New Zealand. The data privacy laws in these regions governing data collection may differ from U.S. law.  

5.2 Other jurisdictions. Please note that we may transfer information, including personal information or data, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction but we will maintain protection of this information in accordance with the data privacy laws of the United Kingdom.  

5.3 Keeping your information safe. We care about the security of your personal information or data and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our Service. However, no security system is impenetrable, and we cannot guarantee the security of our systems. Please recognize that protecting your personal information or data is also your responsibility. Accordingly, we strongly recommend that you change your passwords often, use a combination of letters and numbers, make sure you use a secure browser, and otherwise take precautions when communicating your personal information on the internet. If you know or have reason to believe that your Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account, please contact us following the instructions in the Contact Us section below.

6. Children's Personal Information

6.1 Our websites and online Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information or data from children under the age of 13. In the event that we learn that we have inadvertently Select collect Address personal information or data from a child under age 13, we will delete that information as quickly as possible. If you have a basis for believing that we have any information from a child under 13, please contact us at [email protected]

7. Third-Party Websites

7.1 Our websites and online Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Policy. This Privacy Policy does not apply to, and we are not responsible for, any personal information or data practices of third-party websites and online services or the practices of other third parties. To learn about the personal information or data practices of third parties, please visit their respective privacy notices.

8. Our Use of Cookies

8.1 Our Platform may place and access certain first party cookies on your computer or device. First party cookies are those placed directly by us and are used only by us. We use Cookies to facilitate and improve your experience and to provide and improve our services. All cookies are used in accordance with this policy.

8.2 Before cookies are placed on your computer or device, you will be shown a pop-up requesting your consent to set those cookies. By giving your consent to the placing of cookies, you are enabling us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of cookies but certain features of our Platform may not function fully or as intended.

8.3 Certain features of our Platform depend on cookies to function. Under this policy we deem these cookies to be "strictly necessary" to provide our services to you. Your consent will not be sought to place these cookies, but it is still important that you are aware of them. You may still block these cookies by changing your internet browser's settings as detailed below, but again our Platform may not work properly if you do so. We have taken great care to ensure that your data privacy is not at risk by allowing these cookies to function.

8.4 Our Platform uses Google Analytics. Website analytics refers to a set of tools to collect and analyse anonymous usage information, enabling us to better understand how our Platform is used and to improve the services offered through it. You do not have to allow the use these cookies, however they do not pose any risk to your data privacy or your safe use of our Platform. These cookies do enable us to continually improve, making it a better, more efficient and more of a useful experience for you. Google's privacy policy is available at: https://www.google.com/policies/privacy/.

8.5 In addition to the controls that we provide, you can choose to enable or disable cookies in your internet browser. We recommend you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.

9. Region Specific Disclosures

9.1 We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information or data about residents of certain countries, regions or states where we operate. Please refer below for disclosures that may be applicable to you:

10. Updates to This Privacy Policy

10.1 We will update this Privacy Policy from time to time. When we make changes to this Privacy Policy, we will change the "Effective" date at the beginning of this Privacy Policy. If we make material changes to this Privacy Policy, we will notify you by email to your registered email address, by prominent posting on this website or our online Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Platform and/or Services will be subject to the revised Privacy Policy.

11. Complaints

11.1 If you have a complaint about our handling of personal information or data, you may contact us via the contact information provided below.

12. Contact Us

12.1 If you have any questions or requests in connection with this Privacy Policy or other privacy-related matters, please send an email to [email protected] Alternatively, general inquiries may also be addressed to [email protected] or:

Food Hub US LLC
333 SE 2nd Ave
Suite 2000
Miami 
Florida 33131

Please note we cannot guarantee that email communications are completely secure; accordingly, please do not include credit card information and/or other sensitive personal information in your email correspondence with us.

13. Data subject rights

13.1 To the extent the applicable law provides individuals with rights about their personal data, such as to review and request changes to their personal data, individuals should contact the Merchant with any requests pertaining to the Merchant's use of our Platform.

13.2 Where we use the Third-Party POS companies and they process personal data, it is their responsibility for responding to data subject rights requests under the applicable law. Individuals may contact Foodhub with applicable requests and Foodhub will provide the parties involved in that specific transaction. Foodhub will assist a Merchant, or Third party companies, as applicable, in responding to such requests subject to our contract with a Merchant

14. Legal basis for processing

14.1 Foodhub processes personal data as directed or permitted by the Merchant that uses our Platform and Services. The Merchant is responsible for establishing a legal basis for our processing of personal data for or on behalf of the Merchant.

15. Cross border data transfer

15.1 When we transfer personal data outside of USA, Europe (or the UK) to countries not deemed by the European Commission to provide an adequate level of protection for personal data, we will only make the transfer pursuant to one of the following mechanisms:
If required, you may contact us with questions about our transfer mechanism.

16. Data retention

16.1 Subject to our agreement with the Merchant, Foodhub shall retain personal data for as long as necessary to (a) provide our products and services; (b) comply with its legal obligations; (c) resolve disputes; and (d) enforce the terms of any agreement we may have with a Merchant. You may contact us for additional information about our data retention practices in connection with the Platform and Services.

17. Data subject rights

17.1 Under certain circumstances, data subjects in Europe and the UK have certain rights relating to their personal data, which include the rights to request from the Controller (a) access to the data subject's personal data; (b) correction of incomplete or inaccurate personal data; (c) erasure of personal data; (d) restriction of processing concerning the data subject; and (e) that the controller provide a copy of the data subject's personal data that the data subject provided to the controller in a structured, commonly used and machine-readable format.

17.2 Data subjects may also object to a controller's processing of personal data under certain circumstances. Where processing is based on a data subject's consent, the data subject has the right to withdraw consent at any time; however, the withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal. Data subjects may also file a complaint with a supervisory authority. You may view contact information for supervisory authorities at https://edpb.europa.eu/about-edpb/board/members_en. Data subjects in Europe or the UK should direct any rights request to the appropriate Controller.

18. Data privacy rights (California residents only)

18.1 If you are a resident of California, you have the rights listed below. However, these rights are not absolute, and we may decline your request as permitted by the CCPA.

18.2 Information. You can request the following information about how we have collected and used your personal data during the past 12 months
  • Access. You can request a copy of the personal data that we maintain about you.
  • Deletion. You can ask us to delete the personal data that we maintain about you.
  • Non-discrimination . You are entitled to exercise the rights described above free from discrimination. This means that we will not penalize you for taking actions such as by denying you goods or services, increasing the price/rate of goods or services, decreasing the service quality, or suggesting that we may penalize you as described above for exercising your rights. However, the CCPA allows us to charge you a different price or provide a different service quality, if that difference is reasonably related to the value of the personal data we are unable to use.

    • 19. How to exercise your rights (California residents only)

    19.1 You can request to exercise your information, access and deletion rights. You may also exercise your California privacy rights to information, access and deletion as follows:

    20. Sale of personal data (California residents only)

    20.1 We do not sell, as defined under CCPA, your personal data to third parties.

    21. Personal data that we collect, use and share

    21.1 The chart below summarizes our collection, use and sharing of personal data for the last 12 months prior to the effective date of this Privacy Policy. We describe the sources through which we collect your personal data, what we collect, and describe the purposes for which we collect, use, sell and share this information:

    Category (see the glossary below for definitions)

    Do we collect this information?

    Do we share this information for business purposes?

    Identifiers

    Yes

    Yes

    Online Identifiers

    Yes

    Yes

    Protected Classification Characteristics

    No

    No

    Commercial Information

    Yes

    Yes

    Biometric Information

    No

    No

    Internet or Network Information

    Yes

    No

    Geolocation Data

    Yes

    No

    Sensory Information

    No

    No

    Professional or Employment Information

    No

    No

    Education Information

    No

    No

    Inferences

    Yes

    No

    Financial Information

    Yes

    Yes

    Medical Information

    No

    No

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