Effective Date: March 19, 2021
PERSONAL INFORMATION WE COLLECT
Data Provided Directly By You:
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 information from you, such as your name, phone number, e-mail address and physical address. We use this contact and profile information to: (a) create and personalize your Account; (b) communicate with you directly about the Services as well as about any questions, issues or concerns you or other users may have, (c) fulfill your orders, and (d) send you marketing communications in accordance with your preferences.
Payment information. When you submit an order, you are required to provide payment information, such as your credit card, debit card or gift card details. We use this payment information to fulfill your order, complete the transaction, and detect and prevent fraud.
Transaction information. When you submit an order, we collect information, including the items purchased, date and time of your transaction and special instructions. We use this transaction information to fulfill your order, detect and prevent fraud, personalize your experience, perform analytics/identify usage trends and inform our advertising and marketing.
Communications, participation and other content. We maintain all communications resulting from your interactions with us or with Drivers by email, phone, mail or chat. We also record comments and opinions you express when responding to surveys or taking part in promotions we run. We use all of the foregoing communications to address your questions, issues and concerns and provide other related customer support services, for safety and security purposes, to improve our Services and for analytics. We also maintain your Ratings, which we may, but have no obligation to, post for the benefit of all of our users.
Other information you provide. With your permission, we may 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.
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 does not uniquely identify you or any other user of the Services.
Personal Information Generated or Automatically Collected During Your Use of the Platform:
Information about your device and its software. 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, personalize your experience, perform analytics/identify usage trends, and improve our products and Services.
Information about the way you access and use our Services. Information about the way you access and use the Services includes the site from which you came and the site to which you are going when you leave. In addition, we may 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.
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 https://policies.google.com/technologies/partner-sites.
We typically collect such generated or automatically collected information through a variety of tracking technologies, including cookies, Flash objects, web beacons, embedded scripts, mobile SDKs, location-identifying technologies and similar technology ("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.
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 to you; (c) identify and contact you across multiple devices; (d) provide and monitor the effectiveness of the Platform; (e) perform analytics and detect usage patterns on the Platform; (f) diagnose or fix technology problems; (g) detect or prevent fraud or other harmful activities, and (h) otherwise plan for and enhance the Platform and for other internal purposes.
Data From Other Sources:
Information we receive from third-party sites you connect to the Platform. We may receive personal information about you from third parties and combine that with information we collect through the Platform. For example, we may obtain information when you login to the Platform through a third-party social network or authentication service, such as Facebook or Google. These services will authenticate your identity and provide you the option to share certain personal information with us, which could include your name, email address, address book and contacts, or other information. Similarly, when you interact with us through a social media site or third-party service, such as when you like, follow or share our content on Instagram, Twitter or other sites, we may receive information that you permit the social network to share with third parties. The data we receive from these third-party sites is dependent upon that third party's policies and your privacy settings on that third-party site.
Information we receive from affiliates or third parties. From time to time, we may receive information about you from our Restaurant partners, from co-marketing partners, service providers and from other third parties. 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 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.
HOW WE USE YOUR PERSONAL INFORMATION
In addition to the uses described above, we may collect and use personal information to:
Provide, maintain, improve and develop the Platform and the Services. We may use personal information to provide, maintain, improve and develop the Platform and the Services. For example, by:
- enabling you to create Accounts or otherwise access and use the Platform and the Services (e.g., remember information so that you will not have to re-enter it during your visit or the next time you visit);
- fulfilling requests and processing payments (e.g., to allow you to order food from Restaurants and have it delivered to you);
- providing custom, personalized content and information;
- performing analytics, detecting activity patterns on the Platform, and otherwise researching and analyzing usage; and
- testing and developing new features and functionalities and otherwise enhancing the Platform and the Services.
Maintain the safety, stability and security of the Platform and the Services. We may use personal information to maintain the safety and security of the Platform and the Services. For example, by:
- detecting or preventing fraud, abuse or other harmful activities;
- diagnosing or fixing technology problems;
- conducting security investigations and risk assessments; and
- improving and enforcing our security measures.
Communicate with you to provide support and other important messages. We may use personal information to communicate important messages to you and to provide you with support. For example, we might send you service-related emails or messages (e.g., Account verification, changes or updates to features of the Platform, technical and security notices) and other communications from or about BAM.
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, by:
- administering rewards, surveys, sweepstakes, contests or other promotional activities or events sponsored or managed by BAM or its third-party partners;
- informing you of products, programs, services and promotions that we believe may be of interest to you, including, without limitation, through emails, text (SMS or MMS) messages and push notifications;
- determining the effectiveness of the Platform and our promotional campaigns; and
- identifying and contacting you across multiple devices.
Legal and regulatory requirements and proceedings. We may use personal information in connection with legal and regulatory proceedings and requirements (e.g., to enforce our corporate reporting obligations or to comply with applicable laws).
Disclosure of Personal Information
We may disclose personal information to the following types of third parties:
Restaurants. We disclose personal information to the Restaurants you order from and third parties engaged by those Restaurants (e.g., point of sale providers or their own delivery personnel) as needed to fulfill your orders, including communicating with you about the status of your order or cancelled items. If you make a purchase from a Restaurant that offers loyalty or rewards programs through our Platform, we may disclose your personal information to the Restaurant as needed to facilitate your participation in the Restaurant's loyalty or rewards programs. In some cases, you may also affirmatively opt-in to share your information directly with the Restaurant as will be disclosed on the Platform.
Other third parties necessary to complete your order or enable your use of the Platform. In addition to Restaurants you order from, we disclose personal information to other third parties as needed to fulfill your orders, including, without limitation, Drivers and payment processors.
Service providers and contractors. We disclose personal information to third parties that provide services for us or on our behalf, such as website hosting, data analysis, infrastructure provisioning, IT services, customer service, email delivery services, fraud detection, security monitoring, advertising and marketing and other similar services.
Analytics providers. We share personal information with third-party analytics providers to better understand the demographics of our users and visitors, and to personalize, enhance and improve the Platform and the Services.
Advertising, marketing and promotions providers. We may share personal information with third parties in connection with co-marketing activities, the development of customized and targeted marketing campaigns, to launch promotions and for other similar advertising efforts.
Public. Certain features of the Platform may enable you to post information and materials, for example, ratings and reviews, photo uploads and chat functionality. Any information you provide in connection with such uses may be available to site visitors and to the general public. Please do not disclose your personal information in these public or interactive areas on the Platform. You should exercise discretion and caution when deciding to disclose any other information or materials in these public or interactive areas on the Platform.
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 to a third party during negotiation of, in connection with or as an asset in such a transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy or receivership.
Consent. We may disclose personal information about you to other third parties with your consent.
Control Over Your Personal Information
Profile Settings. You may update your profile information in the "My Profile" section of the Platform.
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.
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 MMS) messages by replying "STOP" to the number sending the message.
STORAGE AND PROTECTION OF Your Information
Safeguarding your information. We care about the security of your information and employ physical, administrative and technological safeguards designed to preserve the integrity and security of all information collected through the Platform. However, no security system is impenetrable, and we cannot guarantee the security of our systems. Please recognize that protecting your personal information 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.
The Platform is not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 13. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will immediately delete that information. If you have a basis for believing that we have any information from a child under 13, please contact us at email@example.com.
THIRD PARTY SITES
PRIVACY NOTICE FOR CALIFORNIA RESIDENTS
This Privacy Notice for California Residents applies solely to the personal data of individuals who reside in the State of California. We have provided this Privacy Notice for California Residents to comply with the California Consumer Privacy Act of 2018 (the "CCPA") and any terms defined in the CCPA have the same meaning when used in this notice.
Your Rights and Choices: The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and how you may exercise those rights.
- Access to Specific Information; Data Portability Rights. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you: (a) the categories of personal information we collected about you; (b) the categories of sources for the personal information we collected about you; (c) our business or commercial purpose for collecting or selling that personal information; (d) the categories of third parties with whom we share that personal information, if any; (e) the specific pieces of personal information we collected about you (also called a data portability request); (f) if we disclosed your personal information for a business purpose, the personal information categories that each category of recipient obtained.
- Deletion Request Rights. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers, if any, to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to: (a) complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you; (b) detect security incidents, protect against malicious, deceptive, fraudulent or illegal activity, or prosecute those responsible for such activities; (c) debug products to identify and repair errors that impair existing intended functionality; (d) exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law; (e) comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.); (f) engage in public or peer-reviewed research in accordance with Section 1798.105 (d)(6) of the CCPA; (g) enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; (h) comply with a legal obligation; or (i) make other internal and lawful uses of that information that are compatible with the context in which you provided it.
- Exercising Your Rights. To exercise the access, data portability and deletion rights described above, please submit a verifiable consumer request to us by email at firstname.lastname@example.org.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information.
You may only make a verifiable consumer request for access or data portability twice within any 12-month period. The verifiable consumer request must: (a) provide sufficient information that allows us to reasonably verify that you are the individual about whom we collected personal information or that you are an authorized representative of that individual; and (b) describe your request with sufficient detail to allows us to properly understand, evaluate and respond to it. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
- Response Timing and Format. We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
- Non-Discrimination. We will not discriminate against you for exercising your CCPA rights. Unless permitted by the CCPA, we will not: (a) deny you goods or services; (b) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (c) provide you a different level or quality of goods or services; (d) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Contact Information: If you have any questions or comments about this Privacy Notice for California Residents, the ways in which we collect and use your information described in this Privacy Notice for California Residents, your choices and rights regarding such use or wish to exercise your rights under California law, please do not hesitate to contact us at:
Postal Address: Black And Mobile, LLC, 3675 Market Street, Suite 200, Philadelphia, PA 19104
For more information about our privacy practices, if you have questions or if you would like to make a complaint, please contact us by email at email@example.com or by mail using the following mailing address: Black And Mobile, LLC, 3675 Market Street, Suite 200, Philadelphia, PA 19104.