Updated and Effective January 1, 2017
1.What Types of Information Do We and Our Third Party Service Providers Collect From You?
Personal Information is information such as your name, tied to a postal address, telephone number, email address, and date of birth, or other data that, when taken together, can uniquely identify you. Personal Information also includes certain sensitive information related to your finances or, for business accounts, related to the finances of your employer, such as a credit card number or other payment account number (including the three (3) or four (4) digit validation code for your credit card). In order for you to take advantage of the services provided through the Sites, we may require that you furnish Personal Information or, for business accounts, that your employer furnish Personal Information for you. We and our third party service providers collect your Personal Information when you voluntarily provide it to us or, for business accounts, when your employer provides it to us.
Non-Personal Information (or "Non-PII") is aggregated information, demographic information and any other information that does not uniquely identify you. We and our third party service providers may collect your Non-Personal Information, including information about the device you are using in accessing and/or using the Sites, information from referring websites, and your interaction with the Sites. We and our third party service providers may also aggregate Personal Information in a manner such that the end-product does not uniquely identify you or any other user of the Sites, for example, by using Personal Information to calculate the percentage of our users who have a particular telephone area code. This collective information constitutes Non-Personal Information.
How Do We Respond to Do Not Track Signals Some browsers allow you to indicate that you would not like your online activities tracked, using “Do Not Track” indicators; however we are not obligated to respond to these indicators, and we are not currently set up to respond to them. This means that we may use latent information about your online activities to improve your use of our Sites consistent with this policy.
IP Addresses are the Internet Protocol addresses of the computers that you are using. Your IP Address is automatically assigned to the computer that you are using by your Internet Service Provider (ISP) and is identified and logged automatically in our server log files whenever you visit the Sites, along with the time(s) of your visit(s) and the page(s) of the Sites that you visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites.
Location Information. We may obtain information about your physical location, such as by use of GPS and other geolocation features in your device, or by inference from other information we collect. For example, your IP Address indicates the general geographic region from which you are connecting to the Internet.
2.How Do We and Our Third Party Service Providers Use Information Collected From You?
Personal Information. We and our third party service providers may use your Personal Information and any third party’s Personal Information that you may provide, as applicable:
to process your registration on our Sites, including verifying your information to ensure its accuracy and validity.
to fulfill your requests (e.g., to allow you to order food through our restaurant partners and have it delivered to you, or to provide you with information that you request).
to fulfill your purchases (e.g., to process credit card payments in connection with your food order).
to customize content on our Sites (e.g., the restaurants that will deliver to your location).
to send you important information regarding the Sites, such as certain changes to our terms, conditions, policies and/or other administrative information. Because this information may be material to your use of the Sites, you may not opt out of receiving such communications.
to inform you of products, programs, services and promotions that we believe may be of interest to you and to permit you to participate in sweepstakes, contests and similar promotions (collectively, "Promotions").
to permit you to refer us to your friends so that we may send them a promotional offer through the Sites. If you wish to use this feature, you may be required to provide us with, and we may use, your friend's name and email address. 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 not use your friend's Personal Information for any purpose other than to allow a promotional offer to be sent and/or to troubleshoot any issues with respect such promotional offer, unless we disclose such other purpose to you at the time you provide your friend's Personal Information to us.
for our internal business purposes, such as data analysis, audits, developing new products, enhancing our website, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns.
Non-Personal Information. Because your Non-Personal Information does not personally identify you, we and our third party service providers may use such information for any purpose. For example, we may work with third parties for the purpose of advertisement delivery on the Sites, including online behavioral advertising (“OBA”) and multi-site advertising. The Non-Personal Information collected about your visits to the Sites may be used by third parties in order to provide advertisements about goods and services of interest to you. These third parties may also set cookies or web beacons to assist with advertisement delivery services. If you would like to obtain more information about these practices, or if you would like to opt out of targeted advertising from participating advertisers, please visit http://www.networkadvertising.org/choices/ or http://www.aboutads.info/choices/.
In addition, we reserve the right to share your Non-Personal Information with our affiliates and with other third parties, for any purpose. In some instances, we and our third party service providers may combine Non-Personal Information with Personal Information. If we do combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information hereunder (as long as it is so combined).
3.How Do We and Our Third Party Service Providers Share Your Personal Information With Others?
We and our third party service providers may disclose Personal Information:
to provide services, or to enable third party service providers to provide services, such as payment processing, website hosting, data analysis, infrastructure provisioning, IT services, customer service, email delivery services, and other similar services.
to detect, prevent or otherwise address actual or suspected fraud, security or technical issues, and to verify your purchase to holder(s) of any credit card(s) or other payment account(s) used to place order(s) through your account.
as required to fulfill your order (e.g., to our restaurant partners to enable them to fulfill your order).
to identify you to any person to whom you send messages through the Sites.
to an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy and/or similar proceedings).
as we believe to be appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations and/or those of any of our affiliates; (f) to protect our rights, privacy, safety and/or property, and/or that of our affiliates, you and/or others; (g) to permit us to pursue available remedies and/or limit the damages that we may sustain; and (h) for recordkeeping purposes.
4.Other Important Notices Regarding Our Privacy Practices.
Forums and Profiles. We and our third party service providers may make available through the Sites certain services (for example, message boards, chat functionality, "profile pages" and blogs) to which you may be able to post information and materials. Please note that any information you provide in connection with such services may become public, and may be available to visitors to the Sites and to the general public, including without limitation the ratings and reviews that accompany many restaurant listings and the comments section of our blog posts. We urge you to exercise discretion and caution when deciding to disclose your Personal Information, and/or any other information and/or materials, on the Sites. NEITHER WE, NOR ANY OF OUR THIRD PARTY SERVICE PROVIDERS, NOR ANY OTHER PERSON OR ENTITY DULY AUTHORIZED BY US AND/OR BY OUR THIRD PARTY SERVICE PROVIDERS, IS OR SHALL BE RESPONSIBLE FOR ANY USE BY ANY UNAUTHORIZED PERSON OR ENTITY OF ANY PERSONAL INFORMATION YOU DISCLOSE THROUGH THE SITES.
Security. We and our third party service providers use reasonable organizational, technical and administrative measures to protect Personal Information under our control. However, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us credit card information and/or other sensitive information through email. If you have reason to believe that your interaction with us is not secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below.
Unsubscribe. If you do not wish to receive marketing-related emails from us, you may unsubscribe from receiving them by clicking on the "unsubscribe" link at the bottom of any of those emails. You may also unsubscribe from receiving order updates via text by texting “STOP” to 94833.
Changing Personal Information. You may review, correct and/or update certain elements of your Personal Information by adjusting your preferences in the "My Account" section of SwankCook.com. We and our third party service providers are not responsible for altering Personal Information from the databases and/or other records of third parties with whom we and our third party service providers have shared your Personal Information.
Note Regarding the Use of the Site by Children. Under no circumstances are the Sites directed to and/or intended for use by individuals under the age of thirteen (13). Such individuals are prohibited from using the Sites and should not provide Personal Information through the Sites.
Disclaimer. If you choose to access the Sites, you do so at your own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of the Sites, in whole or in part, to any person, geographic area and/or jurisdiction we choose, at any time and in our sole discretion. By using the Sites and submitting any Personal Information, you consent to the transfer of Personal Information to other countries, which may provide a different level of data security than your country of residence provides.
California Privacy Rights. If you are a user of the Sites and a California resident, California’s “Shine the Light” law (California Civil Code § 1798.83) permits you to request and obtain from us once a year, free of charge, information regarding our disclosure of your Personal Information (if any) to third parties for direct marketing purposes. If this law applies to you and you would like to make such a request, please submit your request in writing to the address provided below.
SwankCook Attention: Privacy Team 647 Camino De Los Mares
# 108-191, San Clemente CA 92673
Please note that email communications will not necessarily be secure; accordingly you should not include credit card information and/or other sensitive personal information in your email correspondence with us.