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Privacy policy

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TRACKIN, CO. PRIVACY POLICY

Last Modified July 20th 2021

Trackin, Co., a Delaware corporation (“Trackin”) and our subsidiaries and affiliates (collectively, “MobyDish” “we” “us,” or “our”) respect your privacy and commit to protecting it through our compliance with the terms and practices described in this policy.

This Privacy Policy describes our practices for collecting, using, maintaining, protecting, and disclosing the personal data we may collect from you when you visit us on www.MobyDish.com (“Website”) or use our products, services, or other digital properties and related software (collectively, with the Website, the “Platform”). This Privacy Policy applies to the personal data that we collect, and information provided to us from third parties, regardless of where you are located.

Trackin provides and manages the Platform, which connects you with restaurants and others that provide the products and services offered through the Platform, including affiliates and third-party independent contractors who provide delivery services. The restaurants available through the Platform (“Restaurants”) operate independently of Trackin and its subsidiaries and affiliates. We do not verify their compliance with applicable privacy laws or regulations. We have no responsibility or liability for acts by any third-party Restaurant, other than as stated herein. MobyDish is not a delivery company or a common carrier. Delivery and other services offered through the Platform may be provided by Trackin affiliates, who will have access to the data we collect about you in order to perform the services.

The Platform may include links to third-party websites, plug-ins, services, social networks or applications. Clicking on those links or enabling those connections may allow the third party to collect or share data about you. We do not control these third-party websites, and we encourage you to read the privacy policy of every website you visit.

Please read this notice carefully to understand our policies and practices for processing and storing your personal data. By engaging with our Website and using our Platform, you accept and consent to the practices described in this Privacy Policy and our Terms and Services. This Privacy Policy may change from time to time. Your continued engagement with our Website and use of our Platform after any such revisions indicates that you accept and consent to them, so please check this Privacy Policy periodically for updates.

If you are a resident of the State of California, United States, California law may provide you with additional rights regarding our use of your personal information. Please see our Privacy Notice for California Residents.

Data we may collect about you

We collect and use different types of data from and about you including:

• Personal data that we could reasonably use to directly or indirectly identify you, such as your name, postal address, email address, telephone number, user name or other similar identifier ("personal data").

• Non-personal data that does not directly or indirectly reveal your identity or directly relate to an identified individual, such as demographic information, or statistical or aggregated information. Statistical or aggregated data does not directly identify a specific person, but we may derive non-personal statistical or aggregated data from personal data. For example, we may aggregate personal data to calculate the percentage of users accessing a specific Website feature.

• Technical information and device data, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, or operating system and platform.

• Payment Details. We may collect payment information from you, however, we do not store such information, but such information may be stored by our payment processing partners including Stripe, QBO, and Bill.com. We encourage you to review the privacy policies of these entities.

• Non-personal details about your Website interactions, including the full Uniform Resource Locators (URLs), clickstream to, through and from our Website (including date and time), products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page or any phone number used to call our customer service number.

If we combine or connect non-personal, technical, or demographic data with personal data so that it directly or indirectly identifies an individual, we treat the combined information as personal data.

How we collect data about you

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us information about you by filling in forms or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you create an account, subscribe to our service, search for a product, place an order, complete a survey, and when you report a problem with our Website or seek customer service assistance.

• Order Details. When you place an order through our Platform we collect information related to that order. This may include information such as items purchased, special instructions, date and time of order, and subtotal.

• Automated technologies or interactions. As you interact with our Website, we may automatically collect technical data about your equipment, browsing actions and patterns as specified above. We collect this information by using cookies, server logs, and other similar technologies (See Cookies and automatic data collection technologies).

• Third parties or publicly available sources. We may receive information about you from third parties including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies, data brokers or aggregators.

• Cookies and automatic data collection technologies. We use cookies and similar technologies on our Website that allow us to track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our Website. A cookie is a small file placed on or device. This helps us deliver a better and more personalized service when you browse our Website. It also allows us to improve our Website and Services by enabling us to:

o Estimate our audience size and usage patterns.

o Store information about your preferences, allowing us to customize our Website and Services according to your individual interests.

o Speed up your searches.

o Recognize you when you return to our Website.

'Do Not Track' notifications.

Some browsers allow you to automatically notify websites you visit not to track you using a "Do Not Track" signal. Like many websites and online services, we currently do not alter our practices when we receive a "Do Not Track" signal from a visitor's browser. To find out more about "Do Not Track," you may wish to visit allaboutdnt.com.

You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting, certain parts of our Website may become inaccessible and certain features may not work correctly. Unless you adjust your browser settings to refuse cookies, our system will issue them.

Our Website pages and emails may contain web beacons (small transparent embedded images or objects, also known as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count website page visitors or email readers, or to compile other similar statistics such as recording Website content popularity or verifying system and server integrity.

Third party use of cookies and other tracking technologies.

Some content or applications on the Website are served by third parties, including service providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our Website. They may associate the information collected with your personal data or they may collect information, including personal data, about your online activities over time and across different websites or other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control how these third-party tracking technologies operate or how they may use the collected data. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

If you are interested in more information about tailored browser advertising and how you can generally control cookies from being put on your devices to deliver tailored advertising, you may visit the Network Advertising Initiative’s Consumer Opt-Out link or 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, visit the Google Ads Settings page. Please also note that the opt-outs described above apply per browser and per device, so you will have to opt out for each device—and each browser on each device—through which you access our Platform.

How to Manage Cookies

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 Website. 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

How we use your personal information.

We use your personal data to provide you with products, offer you Services, communicate with you, deliver advertising and marketing, or to conduct other business operations, such as using data to improve and personalize your experiences. Examples of how we may use the personal data we collect include to:

• Present our Website and provide you with the information, products, Services and support that you request from us.

• Meet our obligations and enforce our rights arising from any contracts with you, including for billing or collections, or comply with legal requirements.

• Fulfill the purposes for which you provided the data or that were described when it was collected.

• Notify you about changes to our Website, products or Services.

• Ensure that we present our Website content in the most effective manner for you and for your computer.

• Administer our Website and conduct internal operations, including for troubleshooting, data analysis, testing, research, statistical and survey purposes.

• Improve our Website, products or Services, marketing, or customer relationships and experiences.

• Protect our Website, employees or operations.

• Detect and prevent fraud.

We may use and share non-personal data without restriction.

Disclosure Of The Information We Collect

We may disclose your personal data to third parties as necessary, including for the following purposes:

Food Providers. We may share your name, contact, and purchase information with food providers, as well as with their affiliates. The information we share with food providers is not subject to this Privacy Policy, but instead is subject to the food provider’s own privacy policy, which may allow the food provider, among other things, to send you marketing communications and other promotional content.

Service Providers. We provide access to or share your information with 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.

For Legal Reasons or the Protection of MobyDish 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, including investigation of potential violations thereof; (ii) respond to claims that any content violates the rights of third parties; and/or (iii) protect the rights, property or personal safety of MobyDish, our Platform users, and/or others. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.

Business Sale. In the event of sale (of some or all of our assets), transfer, merger, reorganization, dissolution, or similar event involving our business (including in contemplation of such transactions), your information may be among the shared or transferred business assets. If such transfer is subject to any mandatory restrictions under applicable laws, we will comply with those restrictions.

Other Unaffiliated Third Parties. We will not share your information with other third parties that we collaborate with in connection with integration, co-marketing and certain other coordinated efforts.

Your Consent. If you consent to our sharing your information, we will share your information consistent with your consent.

The Choices You Have With Your Information

Accessing and correcting your information.

You may decline to share certain personal information with us, in which case we may not be able to provide you with some of the features and functionality of our Platform. You can review, update, or change your personal information by logging into the Website and visiting your account profile page. You may also send us an email at legal@mobydish.com to request access to, correct, erase or otherwise inquire about any personal information processed by MobyDish in connection with the services we provide. You can also email us if you would like to close your account. If you are an employee of one of our customers, you can contact the administrator of your company’s account to have your account deleted. We may not accommodate a request to change or delete information if we believe the change would violate any law or legal requirement or cause the information to be incorrect, or if we are required to maintain the information for our legitimate business purposes, including legal or contractual record keeping requirements.

California Residents

The California Consumer Privacy Act (“CCPA”) allows California residents to make certain requests regarding their personal information. 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 share/disclose personal information.

• Provide you access to and/or a copy of certain 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.

As provided by California 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. For example, we need to retain certain information in order to provide our services to you. We also need to take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name and email address. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. If you would like further information regarding your legal rights or would like to exercise any of them, please contact us at legal@mobydish.com.

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 account. Please note that it may take us some time, consistent with our legal obligations, to process your request. Even if you opt out from receiving marketing messages from us, you will continue to receive administrative messages from us, such as order confirmations, updates to our policies and practices, or other communications regarding our relationship or transactions with you.

Third-Party Links and Features

Our Platform may contain links to third-party websites and third-party plug-ins, such as Facebook, LinkedIn, and Twitter. You also may connect from our Platform to third-party services, such as Concur. If you choose to use these sites or features, please note that we do not have control over the third parties that operate these websites and services and are not responsible for their content or privacy practices. We encourage you to read their privacy policies before using their websites or services or giving them your information.

Data security

The security of your personal data is very important to us. We use physical, electronic, and administrative safeguards designed to protect your personal data from loss, misuse and unauthorized access, use, alteration or disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website or using our Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We provide two-factor authentication and encourage you to use this functionality to further protect your account. When two-factor authentication is enabled, you receive a recovery code and are required to retain this code and use it in case you are unable to use your two-factor authentication device.

Children's online privacy

We do not direct our Website to minors and we do not knowingly collect personal data from children as defined by local legal requirements. If we learn we have mistakenly or unintentionally collected or received personal data from a child without appropriate consent, we will delete it, unless required by law to retain the information. If you believe we mistakenly or unintentionally collected any information from or about a child, please contact us at legal@mobydish.com.

We reserve the right to make changes to this Privacy Policy at any time. If we make a change, we will make the revised Privacy Policy accessible through our Website. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Last Update” date at the top of this Privacy Policy. If we make a material change to this Privacy Policy, we will notify you through the Website, by email, and/or by other legally permissible communication. Your continued use of the Platform after the revised Privacy Policy has become effective indicates that you have read, understood, and agreed to the current version of this Privacy Policy

Contact Information

If you have any questions or comments about this Privacy Policy, please email us legal@mobydish.com.