Effective: June 1, 2020

Welcome! We’re so happy you’re here, and we can't wait to deliver you food happiness, but before you use our Platform, please read this Privacy Policy carefully.

This Privacy Policy explains how SpoonGate Holdings Inc. and its subsidiaries and affiliates (“SpoonGate”, “we”, “us” or “our”) collect, use, disclose, and otherwise process personal information in connection with our Platform. Our Platform includes: (i) our websites, such as spoongate.com, seamless.com, eat24.com, menupages.com, allmenus.com, work.spoongate.com; (ii) related mobile sites and mobile application(s); (iii) in-store kiosks and other online services, and (iv) any other properties, programs, tools or technology now or in the future; in each case, that reference this Privacy Policy.

This Privacy Policy does not cover or address: the privacy practices of Restaurants including their authorized licensees and franchisees available on our Platform, services provided by our affiliate SCVNGR, Inc. d/b/a LevelUp (“LevelUp”) on behalf of Restaurants, 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.

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

1. Personal Information We Collect

1.1. 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: (i) create and personalize your Account; (ii) communicate with you directly about the Services as well as about any questions, issues or concerns you or other users may have, (iii) fulfill your order, and (iv) 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. For corporate Accounts that are used for business purposes, we may also have corporate credit card numbers or other payment account numbers. 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, special instructions, and points you accrue or rewards or promotions you redeem as part of a loyalty or rewards program. We use this transaction information to fulfill your order, update your rewards, 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 by email, phone, mail or chat. We also record comments and opinions you express when responding to surveys, entering a sweepstakes or taking part in 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 Restaurants on the Platform, which we may 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, 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 does not uniquely identify you or any other user of the Services.

1.2. Personal Information Generated and/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. For example, information about the way you access and use our 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.

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 http://www.google.com/policies/privacy/partners.

Location Information. In some cases, you provide your location information to us directly (e.g. when you provide us with a delivery address). In other cases, we may collect your location through GPS, WiFi, wireless network triangulation or other methods, or we may otherwise infer your location based on other information we collect. (For example, we can approximate your location by your IP Address.) We use location information to customize content on our Services (e.g., show you the Restaurants that will deliver to your location and show you relevant Perks), facilitate order and delivery Services, detect and prevent fraud, and measure traffic and analytics on the Services. If you have previously opted into SpoonGate’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, WiFi 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 to collect information automatically, and choices you may have in relation to its collection, please see our "About Our Ads" policy.

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.

1.3. Data from other sources

Information we receive from third-party sites you connect to our Services. 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 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 SpoonGate content on Facebook, 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, in connection with our enterprise programs, from other SpoonGate entities and affiliates, from co-marketing partners, service providers, and 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 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 the personal information to provide, maintain, improve and develop the Platform and Services. For example, we:

Enable you to create Accounts and otherwise access and use the Platform and Services (e.g., remember information so that you will not have to re-enter it during your visit or the next time you visit),
Fulfill your requests and process payments (e.g., to allow you to order food from Restaurants and have it delivered to you, or to provide you with information that you request),
Provide custom, personalized content and information (e.g. “most popular near you” and “since you enjoy” features),
Perform analytics, detect activity patterns on our Platform and Services, and otherwise research usage, and
Test and develop new features and functionality and otherwise enhance the Platform and Services.

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:

Detect or prevent fraud, abuse or other harmful activities,
Diagnose or fix technology problems,
Conduct security investigations and risk assessments, and
Improve and enforce our security measures.

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 SpoonGate.

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:

Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by SpoonGate or its third-party partners,
Inform you of products, programs, services, and promotions that we believe may be of interest to you, including, without limitation, through emails and push notifications,
Permit you to refer us to your friends so that we may send them a promotional offer through the Platform. If you wish to use this feature, you may be required to provide us with, and we may use, your friend's name, email address, and other information you share with us. By using this functionality, you affirm that you are entitled to use and provide us with your friend's name and email address for this purpose. We will use that information to send an email inviting the friend to visit the Platform and for any other purposes disclosed at the time of your participation in the program,
Determine the effectiveness of our Services and our promotional campaigns, and
Identify and contact you across multiple devices.

2.5. Legal and regulatory requirements and proceedings. We may use the personal information in connection with legal and regulatory proceedings and requirements. For example, we may need the personal information to enforce our corporate reporting obligations, or to comply with applicable laws.

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. Restaurant Sharing. 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, including to track points and redemptions. In some cases, you may also affirmatively opt in to share your information directly with the Restaurant as will be disclosed on the Platform.

3.2. Other Third Parties necessary to complete your order or to enable your use of the Platform and Services. In addition to Restaurants you order from, we disclose personal information to other third parties as needed to fulfill your orders, including, without limitation, delivery providers and payment processors.

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 restaurants 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 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 with third-party analytics providers to better understand the demographics of our users and visitors, and to personalize, enhance and improve our Platform and Services.

3.6. Advertising, Marketing and Promotions providers. We 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. For example:

Promotional partners. We disclose personal information to third-party sponsors of promotions to provide contests, sweepstakes, joint promotional activities or co-branded services, and such disclosure is necessary to fulfil your request or application. You should carefully review the rules and/or terms of each promotion in which you participate, as the promotion may contain additional important information about our, a sponsor's, and/or other third parties' use of your personal information. To the extent that the rules or terms of those promotions concerning the treatment of your personal information conflict with this Privacy Policy, the rules of those promotions will control.
Ad networks and advertising partners. We work with third-party Ad Networks and Advertising Partners to deliver advertising and personalized content to you on our Platform and Services, on other sites and services you may use, and across other devices you may use. These parties may collect information directly from your browser or device when you visit the Platform through cookies or other tracking technologies. This collected information is used to provide and inform targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. Please see our About Our Ads policy.
Social networks. We disclose personal information, such as a unique identifier, hashed email address, or information automatically collected through tracking technologies, to social networks for the purpose of displaying personalized advertising and content on those social networks.
Select restaurants and brands. We disclose personal information to select Restaurants and brands from which you have placed orders through the Platform as well as their affiliates and third-party service providers. These Restaurants, brands, and their affiliates, may use your information as permitted by their own privacy policies, which could include sending you marketing communications and other promotional content.

3.7. Affiliate Sharing. We share your personal information with other companies owned or controlled by SpoonGate Holdings Inc., and other companies owned by or under common ownership as SpoonGate Holdings Inc., 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.

3.8. 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 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.

3.9. 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 corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy, or receivership.

3.10. Legal Obligations and Rights. We disclose personal information 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 SpoonGate, our visitors, or others.

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

4. Control Over Your Personal Information

Profile Settings. You may update your profile information in the “Your Account” section of the Services.

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.

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. Please see our Terms of Use for more information on communications from or on behalf of SpoonGate.

To learn more about how you may control your advertising choices, please see our About Our Ads policy.

5. How We Store and Protect Your Information

Data storage and transfer. Your information collected through our Service is stored and processed in the United States. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

Keeping your information safe. 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 our Service. 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.

6. Children’s Personal Information

Our websites and online Services are 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 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 privacy@spoongate.com.

7. Third-Party Websites

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 practices of third-party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices.

8. Region Specific Disclosures

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

California. If you are a resident of the State of California in the United States, please click here for additional California-specific privacy disclosures.
Nevada. If you are a resident of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt-out of future sales of certain covered information that a website operator has collected or will collect. To submit such a request, please contact us at privacy@spoongate.com with the subject line “Nevada opt-out.”
European Economic Area (“EEA”). If you are a user or Seamless UK, please click here for additional EEA-specific disclosures.

9. Updates to This Privacy Policy

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.

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