Last Updated: September 7, 2023
1. THE INFORMATION WE COLLECT
a. Information You Provide to Us
We collect information directly from you through your use of our Platform. The following describes common types of information you may provide us. Please note that some of the information we collect from and about you may be considered “sensitive personal information” under applicable law. We collect and process sensitive personal information in accordance with applicable legal requirements.
Information from Food-Ordering Users
Information from Food Providers
Information from Organizations
b. Information We Collect Through Automated Means
We collect certain information about you automatically as described in this section.
c. Information We Collect from Others
We may collect information about you from third parties, including the following:
2. HOW WE USE THE INFORMATION WE COLLECT
We and our service providers use the information we collect from and about you for the following business and operational purposes:
3. ONLINE AND MOBILE APP ADVERTISING
a. Online Advertising
We sometimes also associate cookies with de-identified data linked to or derived from data you have submitted to us (e.g., your email address) and disclose such information to advertising partners and vendors in hashed, non-human-readable form to provide you with more relevant ads when you visit other websites and mobile applications.
For additional ways to out of targeted advertising activities under applicable law, see section 5(c) below.
Please note that these opt-outs apply per browser and per device, so you will have to opt out for each device—and each browser on each device—through which you access our Platform. In addition, the opt-outs do not apply to advertisements in mobile applications. See the “Mobile App Advertising” section below to learn how to opt out of mobile app advertising.
b. Mobile App Advertising
You may also receive tailored in-app advertisements when using the Food Truck Club or other mobile apps. We may use third-party service providers to deliver ads on mobile apps or for mobile app analytics. Each operating system (iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of tailored in-application advertisements. Because we do not control how the applicable platform operator allows you to control receiving personalized in-application advertisements, you should review the support materials and/or the device settings for the respective operating systems for information on opting out of tailored in-application advertisements.
c. Notice Concerning Do Not Track.
Do Not Track (“DNT”) is a privacy preference that is available in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for third party purposes, which is why we describe a variety of opt-out mechanisms above. However, we do not currently recognize or respond to browser-initiated DNT signals. Please note that Do Not Track is a different privacy mechanism than the legally-required browser-based “preference signal” referenced in the “Your Rights and Choices” section below.
4. HOW WE DISCLOSE THE INFORMATION WE COLLECT
We and our service providers disclose the information we collect from and about you for the following business and operational purposes:
Notwithstanding the foregoing, we will not disclose personal information we collect about you solely through our SMS text programs to unaffiliated third parties for their own marketing purposes.
We may disclose aggregate or de-identified information to any third party, including advertisers, promotional partners, and sponsors, at our discretion.
5. YOUR RIGHTS AND CHOICES
a. Rights Regarding Your Information
You also have the right to opt out of “sales” of your information and “sharing/use of your information for targeted advertising” as described below in subsection c.
As provided in applicable law, you also have the right to not be discriminated against for exercising your rights. Please note that certain information may be exempt from such requests under applicable law. For example, we need to retain certain information in order to provide our services to you. We also need to take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name and email address. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. If you would like to correct or update your personal information please log into your account and make changes through your account settings. For further information regarding your other legal rights or if you would like to exercise any of the other rights, contact us at email@example.com.
Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable. If we deny your request, we will provide you with information on how to appeal the decision, if applicable, in our communications with you.
b. Opting Out of Marketing Emails
You can unsubscribe from our marketing emails via the unsubscribe link provided in the emails or by updating your marketing preferences in your Profile page. Please note that it may take us some time, consistent with our legal obligations, to process your request. Even if you opt out from receiving marketing messages from us, you will continue to receive administrative messages from us, such as order confirmations, updates to our policies and practices, or other communications regarding our relationship or transactions with you.
c. Notice of Right to Opt Out of Sales of Personal Information and Processing/Sharing of Personal Information for Targeted Advertising Purposes
As explained in the “Other Unaffiliated Third Parties” provision in section 4 above, we sometimes disclose information to unaffiliated third parties we collaborate with or that provide offers that we think may be of value to you, or with data cooperatives. This disclosure of information may be considered a “sale” under applicable laws.
We also provide personal information to third-party advertising providers for targeted advertising purposes, so that we can provide you with more relevant and tailored ads regarding our services, or use analytics partners to assist us in analyzing use of our services and our user/customer base. The disclosure of your personal information to these third parties to assist us in providing these services may be considered a “sale” of personal information under applicable law, or, the processing/sharing of personal information for targeted advertising purposes.
If you would like to opt out of our online disclosure such as through cookie and pixel technology of your personal information for purposes that could be considered “sales” for those third parties’ own commercial purposes, or “sharing” for purposes of targeted advertising, please click here. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.
Please note that if you have a legally-recognized browser-based opt out preference signal turned on via your device browser, we recognize such preference in accordance with applicable law.
d. Disabling Geo-location Tracking
If you granted us permission to collect your precise GPS location information and you no longer wish for us and our service providers to collect and use such information, you may disable the location features on your device through the device’s operating system settings. Please note that if you disable such features, you may not be able to access or receive some or all of the services, content, and/or features made available via the Platform.
e. Notice of Financial Incentives
We may provide certain rewards or incentives for users who sign up for certain Food Truck Club text message programs. You can opt into the rewards or incentives by signing up for an eligible text message program. Your participation is completely voluntary, and you have a right to withdraw from the program at any time. If you decide you don’t want to participate, you can opt-out from the text message program. See our SMS Terms for more information, including how to opt-out. The specific reward or incentive offered, if any, is made available to you when you register for an eligible Food Truck Club text message program. The monetary value of the reward or incentive is a reasonable approximation of the monetary value of participation in our text message program. We have arrived at this estimate based on consideration of multiple factors, including the following: (1) revenue generated by Food Truck Club in connection with our text message programs; (2) expenses incurred by Food Truck Club in operating our text message programs; and (3) improvement of products and services based on information obtained through our text message programs.
6. THIRD-PARTY LINKS AND FEATURES
Our Platform may contain links to third-party websites and third-party plug-ins, such as Facebook, LinkedIn, and Twitter. You also may connect from our Platform to third-party services, such as Concur. If you choose to use these sites or features, please note that we do not have control over the third parties that operate these websites and services and are not responsible for their content or privacy practices. We encourage you to read their privacy policies before using their websites or services or giving them your information.
7. INTERNATIONAL USERS
Please note that Food Truck Club is located in the United States and provides the Platform, and processes your data, in the United States. In addition, Food Truck Club may subcontract the processing of your data to, or otherwise disclose your data to, service providers and trusted business partners in countries other than your country of residence, including the United States, in accordance with applicable law. Such third parties may be engaged in, among other things, the provision of our Platform to you, the processing of transactions, and/or the provision of support services. By providing us with your information, you acknowledge any such transfer, storage, or use.
8. HOW WE PROTECT YOUR INFORMATION
We take measures to protect your information against accidental or unlawful destruction, loss, alteration, disclosure, or access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Platform, you acknowledge and accept that we cannot guarantee the security of your information transmitted to, through, or on our Platform, and that any such transmission is at your own risk.
10. CONTACT INFORMATION