Privacy Policy

This Privacy Policy describes the types of information Food Truck Club, LLC. ("Food Truck Club," "we," "us," or "our") collects from and about you, how we use and disclose your information, and your choices regarding your information.

This Privacy Policy applies to the collection of information from visitors and users of our website and related mobile site(s) and mobile app(s), any other websites or mobile apps that link to this Privacy Policy, and all other services relating to your use of those websites and apps, such as our customer care services (collectively, our "Platform").

Your use of our Platform is subject to this Privacy Policy and our Terms of Use.

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

• Sign Up Information. When you sign up to place food orders through our Platform, you provide us with information such as your name, email address, phone number, industry, and login information.
• Order Information. When you place a food order through our Platform, you provide us details about your order, including the food provider from whom you are ordering food, the type and amount of food you are ordering, any dietary restrictions and preferences, the delivery time, location, and recipient name, and any other instructions. You also provide us with payment information, such as your credit or debit card details. We never store full payment information on our servers; that information is stored by a third-party payments processor where it is inaccessible to us.
• User Content. You may voluntarily choose to submit or otherwise make available certain content through our Platform. For example, you may post reviews, photos, ratings, and other content such as comments, ideas, and other feedback. This Content may be publicly viewable by other Platform users.
• Communications. If you contact us, we may receive information such as your name, email address, and/or phone number. We also will receive the contents of any communications you have with us.

Information from Food Providers

• Contact and Business Information. If you are a food provider interested in being on our Platform, the information you provide us through the Platform might include your name, business name, number of locations, address(es), website URL(s), contact information, and any other information you choose to provide.

Information from Organizations

• Contact and Business Information. If you are a company or other organization interested in learning how our Platform can help your employees place food orders, the information you provide us might include your name and contact information, your organization's name, and any other information you choose to provide.

Other Information

• In addition to the information described above, we collect all other information any visitor or user of our Platform chooses to provide to us through the Platform.

b. Information We Collect Through Automated Means

We collect certain information about you automatically as described in this section.

• Usage Data. We collect and analyze information about how you use our Platform. This information includes the dates and times you access our Platform, the features you use and the pages you visit, the type(s) of browser through which you access our Platform, the content you upload or post to our Platform, error logs and other system activity, and the websites or applications through or from which you access our Platform.
• Device Data. We collect and analyze information about the device(s) you use to access our Platform. This information might include your IP address, information about your device's hardware, the operating system on your device and the version of that operating system, your language preferences, unique device identifiers, advertising identifiers, and information about the mobile network you use.
• Location Information. When you use the Platform, we and our service providers collect general location information from your computer or mobile device. "General" location information means information to identify the city and state in which your device is located based on its IP address. We will ask your permission before collecting your precise GPS location information.
• Information from Cookies and Other Technologies. We and our service providers collect information through the use of "cookies" and similar technologies, such as tracking pixels, to understand how you navigate through and interact with our Platform, to learn what content is popular, to enhance the Platform and provide you with a more relevant and personalized experience, for authentication and advertising purposes, and to collect certain usage, device and location information as described above. You can find more information about Google's analytics practices at 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.

c. Information We Collect from Others

We may collect information about you from third parties, including the following:

• Food and Delivery Service Providers. If you place an order with a food provider, the food provider or delivery provider for the order may provide us information relating to your purchase or delivery, including your name, phone number, order details, and delivery information.
• Log-in Services and Social Network Connections. If you access the Platform through a third-party connection or log-in (e.g., through a social network), you may allow us to have access to and store certain information from your social network profile.
• Other Third Parties. We may also receive additional information about you to supplement the information we collect directly, such as demographic, contact, and statistical information, from third parties, such as business partners, marketers, data co-ops, researchers, analysts, and other parties.

Please note that if you are an employee of a food or delivery service provider, or if your employer has a Food Truck Club corporate account, your employer may provide information about you in connection with their use of the Platform. Any information provided by your employer about you will be subject to the agreement we have with your employer, and not this Privacy Policy.

Google Disclosure:

Food Truck Club's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

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:

• Provide, improve, enhance, and promote our Platform
• Analyze use of our Platform
• Communicate with you, including for marketing and promotional purposes
• Gain insights into prospective customers that might have an interest in our Platform
• Facilitate transactions, deliveries, and payments
• Provide customer support, including responding to questions, requests, and issues
• Conduct research
• Find and prevent fraud
• Resolve disputes, protect ourselves and other Platform users and others, and enforce any legal terms that govern use of our Platform
• Comply with laws, regulations, and other legal process and procedures

We may combine the information we collect through the Platform with information we collect automatically or receive from other sources and use such combined information in accordance with this Privacy Policy. We may also aggregate and/or de-identify information collected through our Platform in such a way that the information cannot reasonably be linked to you or your device. We may use de-identified or aggregated data for any purpose, including for research and marketing purposes.

3. ONLINE AND MOBILE APP ADVERTISING

a. Online Advertising

We may allow third-party advertising technologies on our Platform that use cookies and similar technologies to deliver relevant and targeted content and advertising to you on the Platform and other websites you visit and applications you use. The ads may be based on various factors such as the content of the page you are visiting, information you provide, your searches, demographic data, and other information we collect about you.

We do not have access to, and this Privacy Policy does not govern, the use of cookies or other tracking technologies that may be placed on devices you use to access our Platform by non-affiliated third parties. If you are interested in more information about tailored browser advertising and how you can generally control cookies, you may visit the Network Advertising Initiative's Consumer Opt-Out link or the Digital Advertising Alliance's Consumer Opt-Out link.

b. Mobile App Advertising

You may also receive tailored in-app advertisements when using the Food Truck Club or other mobile apps. Each operating system provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You should review the support materials and/or the device settings for the respective operating systems for information on opting out.

c. Notice Concerning Do Not Track.

Do Not Track ("DNT") is a privacy preference that is available in certain web browsers. 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:

• Food Providers. We may disclose your name, contact, any dietary preferences and restrictions you have provided, and purchase information with food providers with whom you have placed orders, as well as with their affiliates.
• Food Recipients. If you are not the recipient of a food order you place, we may disclose your information to the food recipient to the extent we communicate with them with respect to the food order.
• Your Employer. If you place orders for your employer, and your employer has a Food Truck Club corporate account, we disclose your information to your employer.
• Service Providers. We provide access to or disclose your information to third parties that perform services on our behalf, such as billing, payment processing, advertising, web and other analytics, data storage and processing, customer support, delivery services, security, fraud prevention, and other services.
• Affiliates. We provide access to or disclose your information to our affiliates for the purposes described in this Privacy Policy.
• For Legal Reasons or the Protection of Food Truck Club and Others. We will disclose the information we collect about you if required by law or legal process or if we believe in good faith that disclosure is reasonably necessary to: (i) enforce our Terms of Use, this Privacy Policy, or other contracts with you; (ii) respond to claims that any content violates the rights of third parties; and/or (iii) protect the rights, property or personal safety of Food Truck Club, our Platform users, and/or others.
• Business Transfers. In the event of sale, transfer, merger, reorganization, dissolution, or similar event involving our business, your information may be among the transferred business assets.
• Other Unaffiliated Third Parties. We may also disclose your information to other unaffiliated third parties such as: third parties we collaborate with in connection with integration, co-marketing and certain other coordinated efforts; third parties whose offers we believe you may value; and data co-ops.
• Your Consent. If you consent to our disclosure of your information, we will disclose your information consistent with your consent.

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

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

a. Rights Regarding Your Information

Depending on your jurisdiction, you may have the right to make certain requests regarding your "personal information" or "personal data." We extend these rights to all individuals, regardless of residency. Specifically, you have the right to ask us to:

• Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we disclose personal information.
• Provide you access to and/or a copy of certain personal information we hold about you.
• Correct or update personal information we hold about you.
• Delete certain personal information we have about you.
• Provide you with information about the financial incentives that we offer to you, if any.
• Opt out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.

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. If you would like to exercise any of these rights, contact us at admin@thefoodtruckclub.com.

Depending on applicable law, you may have the right to appeal our decision to deny your request, if applicable.

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. Even if you opt out from receiving marketing messages from us, you will continue to receive administrative messages from us.

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. 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. The disclosure of your personal information to these third parties may be considered a "sale" of personal information under applicable law, or the processing/sharing of personal information for targeted advertising purposes.

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. Your participation is completely voluntary, and you have a right to withdraw from the program at any time.

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. 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. 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.

9. CHANGES TO OUR PRIVACY POLICY

We reserve the right to make changes to this Privacy Policy at any time. If we make a material change to this Privacy Policy, we will notify you through the Platform, by email, and/or by other legally permissible communication. By continuing to use the Platform, you are confirming that you have read and understood the latest version of this Privacy Policy.

10. CONTACT INFORMATION

If you have any questions or comments about this Privacy Policy, please email us at admin@thefoodtruckclub.com.