Privacy Policy

 – United States

DevourNow Consumers

Last Updated: September 24, 2019

DevourNow may collect personal information to help you place and receive orders and to improve the DevourNow service. This Privacy Statement explains how DevourNow, Inc. (“DevourNow,” “we,” “us,” or “our”) handles your personal information when you visit or use www.DevourNow.com (the “Site”), the DevourNow mobile application, and any other website or mobile application that links to this Privacy Statement (collectively, the “Services”).

Your access to and use of our Services are subject to our Terms and Conditions, which define some of the terms used throughout this Privacy Statement. Devour Drivers should refer to the Driver  Privacy Statement for information on how DevourNow collects and uses Devour Drivers’ personal information.

Collection of Information

When you use our Services we may collect or receive information about you.

Information You Provide Directly

You may provide information to us when you use our Services, including when you register with DevourNow, search within or place orders through our Services, contact us with inquiries, respond to surveys, or otherwise access our Services. This information may include your name, email address, phone number, delivery address, and payment information, including credit card information and billing address used to complete the purchase transaction, and other information that may identify you. When you place an order through our Services we collect information related to that order, including searches conducted through the Services, the products or services purchased, and the date and time of the purchase and delivery. You may also choose to provide ratings for your Devour Driver and for the Food Service Provider or other retailer (“Merchant”) you ordered from.

Information We Collect Automatically

We also may receive and store certain information about you and your device(s) automatically when you access or use our Site and Services. This information may include:

·         Information related to the device you use to access our Services;

·         The type of web browser and operating system you use to access our Services;

·         Your Internet Protocol address;

·         The domain name of your Internet service provider;

·         The pages you visit, content you view, features you use and the date and time of your visits; and

·         Your search terms, the website you visited before you came to our Services, and other clickstream data.

Information From Publicly Available Sources and Third Parties

We may collect or receive information about you from publicly available sources and/or third parties. For example, we may receive information about you when you login to our services using Facebook or Google. Another example is if you make a purchase through a Merchant that offers delivery via DevourNow, we may receive information about your purchase, including your name, phone number, the product you purchased, and the delivery location.

Use of Information

We may use the information we collect or receive about you for various purposes, including but not limited to the following.

To Provide You the Services

We use your information to provide you the Services such as to fulfill your orders. For example, we use the credit card information you provide to complete a transaction and communicate your order to a Devour Driver to allow the Devour Driver to complete your delivery.

To Maintain, Improve, and Personalize the Services

We use your information for our everyday business operations such as auditing, administration of the Services, forum management, fulfillment, and analytics. Your information may also be used to improve the content and/or functionality of the Services. For example, it may be used to help us and/or our Merchants improve our offerings.

We also use your information to personalize your experience. For example, we may personalize the content and features you see when visiting our Services. In addition, we may personalize advertisements and recommendations to make them more tailored to your interests.

To Protect You, Others, and Our Business

We use your information to protect you, others, and our business, including, without limitation, using information for fraud prevention, for enforcement of our Terms of Service, to comply with the law, and to protect against security risks.

To Communicate With You

We use your information to communicate with you. For example, we may send you text messages or other notifications about the status of your orders and deliveries. We may also contact you with promotional offerings or other communications that may be of interest to you.

In the event you contact us, we use certain information to respond to your questions and assist you with any issues that may arise in your use of the Services. If you send text messages with independent contractor Devour Drivers using the telephone number for that Devour Driver available on the Services, we may use a third-party service provider to track these text messages. We track these text messages for fraud prevention, to ensure appropriate charging of fees, to enforce our Terms and Conditions, and for quality and training purposes. As part of this process, DevourNow and its service provider will receive in real time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message.

We may use your information for any other purpose disclosed to you at the time we collect or receive the information, or otherwise with your consent.

Location Information

When you use the Services, we may collect general location information (such as IP address)If you permit the Services to access location services through the permission system used by your mobile operating system (“Platform”) or browser, we may also collect the precise location of your device when the DevourNow app is running in the foreground or background of your device.  This information may be used to help you select your delivery address, to provide more accurate deliveries of your orders, to provide recommendations to you, and to enhance your user experience and improve the services. You can choose whether to enable the location tracking feature through the settings on your device or Platform or when prompted by the DevourNow mobile app, website or Chatbot. If you choose to disable the location feature, the Devour Driver will not receive precise location information from your device, which may compromise the accuracy of deliveries in some situations, for instance, if you are located in a large area, such as a park.

Sharing with Third Parties

We may also provide your information with third parties that provide services to us such as payment processing, advertising services, web analytics, data processing, IT services, customer support and other services. To help provide you with a high quality delivery we also may share your information, including your personal information, with the Devour Drivers who complete your requested deliveries. Similarly, we may share your name, phone number, order information, customer feedback and other information related to your orders with DevourNow Merchants. We may also disclose aggregate or anonymized information to third parties.

Related Entities 

We may share your information with our affiliates (entities that control or are under the control of DevourNow) for business purposes.

When Required By Law

We recognize that information related to your orders could contain private information. However, we may be required to disclose your information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of users of our Services, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity. Corporate Transactions

In the event of sale, transfer, merger, reorganization, dissolution, or similar event we may transfer your information to one or more third parties as part of that transaction.

With your Consent

We also may share or disclose your information with your consent or at your direction.

Data Retention

We will retain your personal information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

DevourNow may retain aggregated or anonymized data indefinitely.

Third Party Sites

Some of the functionality may be provided by third parties and the Services may link to other third party websites that are not controlled by DevourNow. These third parties are not under our control and DevourNow is not responsible for their privacy policies or practices. If you provide any personal information to any third party or through any such third party website, we recommend that you familiarize yourself with the privacy policies and practices of that third party.

Social Networking

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

When you link a Social Network account to DevourNow or log into our Services using your Social Network account, we may collect relevant information necessary to enable our Services 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 Statement. Additionally, a Social Network may collect personal information and information about your use of our Site or Services automatically. The manner in which a Social Network collects, uses, stores, and discloses your information is governed by the policies of such third parties and DevourNow shall have no liability or responsibility for the privacy practices or other actions of any Social Network that may be enabled within our Services.

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

Your Choices

If you are a registered DevourNow user you may access or modify certain of your personal information by logging into our Site using your username and password and visiting the “Account” page. Registered DevourNow users may also access the “Account” page to manage their subscriptions. You may also contact us at support support@DevourNow.com to access, modify, or deactivate your account. If we send you marketing emails about services that may interest you, each email will contain instructions permitting you to “opt-out” of receiving future marketing or other communications.

Your California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by DevourNow pursuant to Section 1798.83 of the California Civil Code, please contact us via the email or mailing address provided below. Please allow 30 days for a response.

California Do Not Track Disclosure

DevourNow does not have a mechanism in place for responding to browser “do not track” signals or other similar mechanisms used to limit collection of information for use in Online Behavioral Advertising.

Children’s Information

Our Services are not intended for children under 13 years of age and we do not knowingly collect personal information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us please contact us at support@DevourNow.com. A parent or guardian of a child under age 13 may review and request deletion of the child’s personal information.

Referral Program

DevourNow allows users to invite friends and family to sign up for our Services. Sometimes we offer a promotional value for every friend or family member who signs up and places an order through your referral link. 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 emails, SMS messages, or other communications to contacts you select in your address book. By sending a referral, you also consent to DevourNow 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 us. DevourNow will use that information to send an email inviting him or her to visit the site and will store that information to track the success of the referral program and may send marketing emails. 

DevourNow users may not send, publish, or share any false, misleading, or deceptive communications in connection with participation in the Referral Program. Such actions may violate various federal, state, and/or international laws, including, but not limited to, the regulations and policies promulgated by the Federal Trade Commission. DevourNow users may not send any referral emails, SMS messages, or other communications to children under the age of 13.

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

International Users

DevourNow is based in the United States and, regardless of where you use our Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using our Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.

Security

DevourNow has implemented administrative, technical, and physical security controls that are designed to safeguard personal information. However, no online activity is ever fully secure or error-free. Therefore, DevourNow does not guarantee that your personal information is absolutely secure. Please keep this in mind when disclosing any personal information or other information to DevourNow.

You are responsible for safeguarding your username and password.

Use of Cookies

We use cookies, web beacons, pixels, and similar technologies (“Cookies”) to collect information and personalize your experience with our Services. Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information. We use Cookies to improve your convenience, for example, to recognize you when you return to DevourNow and to remember information you have already provided, such as items already in your order cart. We also use Cookies to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests. You may disable the use of Cookies by modifying your browser settings. If you choose to disable cookies you may not be able to fully experience the interactive features of our Services. For more information on Cookies and how to disable Cookies visit www.ftc.gov/ftc/cookies.shtm or https://www.usa.gov/optout_instructions.shtml.

Online Analytics and Advertising 

We and our third-party vendors may use automated technologies (including cookie identifiers on our website), along with other collected information, to tailor ads or deliver content when you are on our Services or on other devices, apps or websites.

We (or our service providers) may use the information we collect—for instance, IP addresses and unique mobile device identifiers—to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers), or work with providers that do this, in order to better tailor content and features and provide you with a seamless experience across devices. If you wish to opt out of cross device tracking for purposes of interest-based advertising, you may do so through your device settings. We may also use cross-device targeting to help identify our users and serve advertising. This type of advertising is often called “interest-based” or “personalized” advertising—and when it occurs on mobile apps, “cross-app” advertising.

You can learn more about interest-based advertising on the web, or opt out of receiving those ads, by visiting (i) the Network Advertising Initiative’s Consumer Opt-Out link or (ii) 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.

As to cross-app advertising, 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. You should view your device or system “Settings” to determine how you can opt out of use of your device ID for “cross-app” personalized advertising.

Please note that to the extent advertising technology is integrated into our Services, you may still receive advertisements even if you opt-out. In that case, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs.

Changes to This Privacy Statement

Our Services may change from time to time. As a result, we reserve the right to update or modify this Privacy Statement at any time and from time to time without prior notice. If we make any material changes to the way we use or disclose your personal information, we will notify you by email, at the email address you have provided to us. If you object to any changes you must cease using our Services. Please review this Privacy Statement periodically by visiting this webpage. This Privacy Statement was last updated on the date indicated at the top of this page. Your continued use of our Services after any changes or revisions to this Privacy Statement indicates your agreement to the terms of the revised Privacy Statement.

 


This Privacy Statement was last updated on September 24, 2019.

DevourNow may collect personal information to help you place and receive delivery orders and to improve the DevourNow service. This Privacy Statement explains how DevourNow, Inc. (“DevourNow,” “we,” “us,” or “our”) handles your personal information when you visit or use www.DevourNow.com (the “Site”), the DevourNow mobile application, and any other website or mobile application that links to this Privacy Statement (collectively, the “Services”).

Please review this Privacy Statement carefully. By using our Services you consent to the use and sharing of your personal information as described in this Privacy Statement. If you do not agree with these practices, please do not use the Services, or otherwise provide us with your personal information.

Your access to and use of our Services are subject to our Terms and Conditions, which define some of the terms used throughout this Privacy Statement. Devour Drivers should refer to the Devour Driver Privacy Statement for information on how DevourNow collects and uses Devour Drivers’ personal information.

Collection of Information

When you use our Services we may collect or receive information about you.

Information You Provide Directly

You may provide information to us when you use our Services, including when you register with DevourNow, search within or place orders through our Services, contact us with inquiries, respond to surveys, or otherwise access our Services. This information may include your name, email address, phone number, delivery address, and payment information, including credit card information and billing address used to complete the purchase transaction, and other information that may identify you. When you place an order through our Services we collect information related to that order, including the products or services purchased, and the date and time of the purchase and delivery. You may also choose to provide ratings for your Devour Driver and for the Food Service Provider you ordered from.

Information We Collect Automatically

We also may receive and store certain information about you and your device(s) automatically when you access or use our Site and Services. This information may include:

·         Information related to the device you use to access our Services;

·         The type of web browser and operating system you use to access our Services;

·         Your IP address;

·         The domain name of your Internet service provider;

·         The specific DevourNow pages you visit, content you view, features you use and the date and time of your visits; and

·         Your search terms, the website you visited before you came to our Services, and other clickstream data.

Use of Cookies

We use cookies, web beacons, pixels, and similar technologies (“Cookies”) to collect information and personalize your experience with our Services. Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information. We use Cookies to improve your convenience, for example, to recognize you when you return to DevourNow and to remember information you have already provided, such as items already in your order cart. We also use Cookies to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests. You may disable the use of Cookies by modifying your browser settings. If you choose to disable cookies you may not be able to fully experience the interactive features of our Services. For more information on Cookies and how to disable Cookies visit www.ftc.gov/ftc/cookies.shtm or www.usa.gov/optout_instructions.shtml.

Use of Information

We may use the information we collect or receive about you to:

·         Connect your orders to a Devour Driver and complete your deliveries;

·         Complete your purchase transactions;

·         Contact you in connection with your orders and deliveries;

·         Contact you with promotional offerings or other communications that may be of interest to you;

·         Respond to your questions and assist with problems with our Services;

·         Personalize the content and features you see when you visit our Services;

·         Serve advertisements tailored to your interests;

·         Improve the content and functionality of our Services;

·         Help the Food Service Providers on our platform improve their offerings;

·         Better understand our users’ demographics, interests and behaviors;

·         Enhance other information we have about you to help us better understand you and determine your interests;

·         Provide recommendations to you;

·         Manage our everyday business needs, such as auditing, administration of our Services, forum management, fulfillment, analytics, fraud prevention, and enforcement of our corporate reporting obligations and Terms of Service, or to comply with the law;

·         Calculate the total number of visitors to our Services and to each page or feature of our Services.

We may use your information for any other purpose disclosed to you at the time we collect or receive the information, or otherwise with your consent.

Any communication or material you transmit to us via e-mail or otherwise, including any data, questions, comments, suggestions or the like, but not including your personal information and any requests, comments or concerns regarding your personal information, will be treated as non-confidential and non-proprietary.

Location Information

When you use the Services, we may collect precise location data about the progress of your order from the DevourNow app used by the Devour Driver. If you permit the Services to access location services through the permission system used by your mobile operating system (“Platform”) or browser, we may also collect the precise location of your device when the DevourNow app is running in the foreground or background of your device while we are processing your order. We may also derive your approximate location from your IP address. We use your location information to provide more accurate deliveries of your orders. You can choose whether to enable the location tracking feature through the settings on your device or Platform or when prompted by the DevourNow mobile app. If you choose to disable the location feature, the Devour Driver will not receive precise location information from your device, which may compromise the accuracy of deliveries in some situations, for instance, if you are located in a large area, such as a park.

Sharing with Third Parties

To help us run our business, we may share your information, including your contact information, ratings, other information you provide directly, and information collected automatically, with entities that provide services to us, including third parties that provide payment processing, advertising services, web analytics, data processing, IT services, customer support and other services. To help provide you with a high quality delivery we also may share your information, including your personal information, with the independent contractor Devour Drivers, who complete your requested deliveries. Similarly, we may share your name, phone number, order information, customer feedback and other information related to your orders with DevourNow Food Service Providers. We may also disclose aggregate, anonymous information to these third party service providers.

When Required By Law

We recognize that information related to your orders could contain private information. However, we may be required to disclose your information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of users of our Services, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity. We have developed a process that strikes a balance between protecting customer privacy and responding to valid law enforcement requests that can be found at https://www.DevourNow.com/lert/.

Corporate Transactions

In the event of sale, transfer, merger, reorganization, dissolution, or similar event we may transfer your information to one or more third parties as part of that transaction.

Accessing and Correcting Your Personal Information

Keeping your personal information current helps ensure that we provide you with the most relevant offers. You can access and update your personal information via your Account profile. While we are ready to assist you in managing your subscriptions, deactivating your account, and removing your active profile and data, we cannot always delete records of past interactions and transactions. For example, we are required to retain records relating to previous purchases through our Services for financial reporting and compliance reasons. In addition, because of the way we maintain certain services, after you delete certain information, we may temporarily retain backup copies of such information before it is permanently deleted.

Data Retention

We will retain your personal information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

DevourNow may retain aggregate or anonymized data indefinitely.

Third Party Sites

Some of the functionality on our Services may be provided by third parties that are not affiliated with DevourNow. These entities may collect or receive certain information about your use of our Services and your activities over time and across different websites, including through the use of cookies, web beacons, and similar technologies. For example, we use services like Google Analytics to help us see traffic patterns on DevourNow.com. DevourNow is not responsible for the privacy practices of these entities. In addition, our Services may contain links to other websites not operated or controlled by DevourNow. Such websites are not under our control and we are not responsible for their privacy policies or practices. If you provide any personal information through any such third party website we recommend that you familiarize yourself with the privacy policies and practices of that third party.

Social Networking

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

When you link a Social Network account to DevourNow or log into our Services using your Social Network account, we may collect relevant information necessary to enable our Services 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 Statement. Additionally, a Social Network may collect personal information and information about your use of our Site or Services automatically. The manner in which a Social Network collects, uses, stores, and discloses your information is governed by the policies of such third parties and DevourNow shall have no liability or responsibility for the privacy practices or other actions of any Social Network that may be enabled within our Services.

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

Your Choices

If you are a registered DevourNow user you may access or modify your personal information by logging into our Site using your username and password and visiting the “Account” page. You may also contact us at privacy@DevourNow.com to access, modify, or request deletion of your personal information or delete your account. You may disable our ability to use cookies by using the cookie controls in your web browser (see “Use of Cookies” section above).

If we send you marketing emails about services that may interest you, each email will contain instructions permitting you to “opt-out” of receiving future marketing or other communications.

Your California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of personal information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To request a copy of the information disclosure provided by DevourNow pursuant to Section 1798.83 of the California Civil Code, please contact us via the email or mailing address provided below. Please allow 30 days for a response.

California Do Not Track Disclosure

DevourNow does not have a mechanism in place for responding to browser “do not track” signals or other similar mechanisms used to limit collection of information for use in Online Behavioral Advertising.

Children’s Information

Our Services are not intended for children under 13 years of age and we do not knowingly collect personal information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us please contact us at privacy@DevourNow.com. A parent or guardian of a child under age 13 may review and request deletion of the child’s personal information.

Referral Program

DevourNow allows users to invite friends to sign up for our Services by submitting a friend’s name and email address to DevourNow. Sometimes we offer a promotional value for every friend that signs up and places an order through your 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 to us. DevourNow will use that information to send an email inviting him or her to visit the site and will store that information to track the success of the referral program.

International Users

DevourNow is based in the United States and, regardless of where you use our Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using our Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.

Security

DevourNow has implemented commercially reasonable administrative, technical, and physical security controls that are designed to safeguard personal information. However, no online activity is ever fully secure or error-free. Therefore, DevourNow does not guarantee that your personal information is absolutely secure. Please keep this in mind when disclosing any personal information or other information to DevourNow.

You are responsible for safeguarding your username and password.

Changes to This Privacy Statement

Our Services may change from time to time. As a result, we reserve the right to update or modify this Privacy Statement at any time and from time to time without prior notice. If we make any material changes to the way we use or disclose your personal information, we will notify you by email, at the email address you have provided to us. If you object to any changes you must cease using our Services. Please review this Privacy Statement periodically by visiting this webpage. This Privacy Statement was last updated on the date indicated at the top of this page. Your continued use of our Services after any changes or revisions to this Privacy Statement indicates your agreement to the terms of the revised Privacy Statement.

Contact Us

If you have any questions or concerns relating to this Privacy Statement or our privacy practices please contact us at: