Driver Mobile Privacy Policy

This Privacy Policy was last modified on 1 July, 2019.

FOODTEC SOLUTIONS, INC. (“FOODTEC”, “WE” “US” OR “OUR”) IS COMMITTED TO MAINTAINING YOUR CONFIDENCE AND TRUST WITH RESPECT TO THE PRIVACY OF THE PERSONAL INFORMATION WE COLLECT FROM YOU. PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND OUR PRACTICES ABOUT HOW WE COLLECT, USE AND SHARE YOUR PERSONAL INFORMATION. THIS PRIVACY POLICY PERTAINS TO YOUR ACCESSING AND USING THE FOODTEC DELIVERY IQ APPLICATION (THE “DELIVERY IQ APPLICATION”).

Certain Terms of Use regarding the Delivery IQ Application are located at the end of this Privacy Policy.

This Privacy Policy describes the information collected during registration for and directly through the Delivery IQ Application.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING THE DELIVERY IQ APPLICATION. DOWNLOADING OR USING THE DELIVERY IQ APPLICATION INDICATES THAT YOU ACCEPT AND AGREE TO BE BOUND BY THIS PRIVACY POLICY IN FULL. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, DO NOT DOWNLOAD OR USE THE DELIVERY IQ APPLICATION. You acknowledge that you have read and understood this Privacy Policy, and that this Privacy Policy shall have the same force and effect as a signed agreement. We reserve the right to modify or discontinue the Delivery IQ Application (or any portion of the Delivery IQ Application), temporarily or permanently, with or without notice to you, and are not obligated to support or update the Delivery IQ Application. You agree that we will not be liable to you or any third party in the event that we exercise our right to modify or discontinue the Delivery IQ Application (or any portion of the Delivery IQ Application). Unless explicitly stated otherwise, any new features that augment or enhance the current Delivery IQ Application shall be subject to this Privacy Policy. We may change or add to this Privacy Policy, so we encourage you to review it periodically. If we materially change this Privacy Policy, we will let you know by showing it to you again when you open the Delivery IQ Application.

Scope and Application

This Privacy Policy applies to the drivers (collectively “Drivers,” or individually “you”) engaged by restaurants and other businesses that provide prepared foods for delivery to consumers (collectively, “Restaurants”). As used in this Privacy Policy, references to “we”, “us” or “our” includes both FoodTec and the Restaurants for which you deliver.

Information We Collect

We collect information from you in two ways: directly from your input and automatically through the Delivery IQ Application’s technologies.

Information You Provide

The types of information that we collect directly from you may include:

  • Contact details, such as your name, email address, postal address and telephone number;
  • Your password that you’ve created;
  • access to your phone’s camera, microphone, phone, bluetooth and storage that you may voluntarily provide us with when you are using the Delivery IQ Application to improve your user experience; and
  • Any other information that you provide while using the Delivery IQ Application.

Information Collected Automatically

Through various technologies, we may automatically collect information that tells us how you use the Delivery IQ Application, such as:

  • Your Internet Protocol (“IP”) address used to connect your device to the Internet;
  • Location data;
  • The Delivery IQ Application features that you use and the time of your use; and
  • Mobile platform and unique device identifier (“UDID”) and other technical identifiers.

Collection of Image Data

We also collect image data within the Delivery IQ Application to facilitate various functionalities and services. This may include capturing or retrieving images through your device’s camera or accessing images stored on your device. The collected image data may encompass photos taken within the app or uploaded images from your device’s gallery.

Usage of Collected Image Data

The collected image data is utilized for purposes such as verifying orders, enhancing user experience, and improving app features. Additionally, it may be used for internal analysis and reporting purposes. We do not share image data with external parties unless required by law or for purposes outlined in this privacy policy.

How We Use Your Information

We use the information that we collect for various purposes, including:

  • The purposes for which you provided it;
  • To process and respond to your inquiries and comments;
  • To send you information about your relationship or transactions with us;
  • To develop new products and services;
  • To personalize and enhance your experience using the Delivery IQ Application;
  • To contact you with information that we believe will be of interest to you;
  • To generate and review reports and data about our user base and service usage patterns;
  • To compile aggregate data for internal and external business purposes;
  • To perform other business activities as needed;
  • To administer, operate and improve the Delivery IQ Application; and
  • As otherwise stated in this Privacy Policy.

Disclosure of Driver Information to Third Parties

Subject to all applicable laws, we may provide to a third party any information (including personal data) about Drivers provided hereunder if: (a) there is a complaint, dispute or conflict, including an accident, relating to a Driver; (b) it is necessary to enforce the terms of an agreement, including any agreement between the Driver and a Restaurant; or (c) it is required, in our sole discretion, by applicable law, regulation, ordinance, license, or operating agreement.

Investigations and Law

We reserve the right to investigate fraud and abuse on the Delivery IQ Application. We may disclose your information to third parties if we have a good faith belief that such disclosure is reasonably necessary to:

  • Enforce or apply this Privacy Policy or other agreements with us;
  • Comply with the law or guidance and cooperate with government or law enforcement officials or private parties;
  • Protect the rights, reputation, safety, security or property of FoodTec, the Restaurants, the Delivery IQ Application, or any third party;
  • Detect, prevent or otherwise address fraud, security or technical issues;
  • Prevent or stop activity which we, in our sole discretion, consider to be, or to pose a risk of being, illegal, unethical, or legally actionable; and/or
  • Respond to claims and legal process (for example, subpoenas).

Business Changes

If we become involved in a merger, acquisition, sale of assets, bankruptcy, reorganization, dissolution, or other transaction or if the ownership of all or substantially all of our business otherwise changes, we may transfer your information to a third party or parties in connection therewith.

Aggregated Information

We may share your information in aggregated anonymous form with affiliated or unaffiliated third parties.

Security

While we take reasonable measures to protect your information you submit via the Delivery IQ Application against loss, theft and unauthorized use, disclosure, or modification, we cannot guarantee its absolute security. No Internet or app transmission is ever fully secure or error free. You should use caution whenever submitting your information through an application and take special care in deciding with which information you provide us.

Data Retention Policy, Managing Your Information

We may retain some or all of your information for as long as you use the Delivery IQ Application and for a reasonable time thereafter. Please note that some or all of the information we have collected may be required in order for the Delivery IQ Application to function properly.

Your Choices Regarding Your Information

You have choices regarding the use of your information by the Delivery IQ Application. To change your information, including keeping your information accurate, please contact the Restaurant who employs or engages you. You can stop all collection of information by the Delivery IQ Application by uninstalling the mobile application. You may use the standard uninstall processes available as part of your mobile device or via the mobile application marketplace or network.

Your California Privacy Rights

Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties’ direct marketing purposes, and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. You may make one request each year by emailing us at info@foodtecsolutions.com or by contacting the Restaurant for which you work.

Your Consent

Location Based Services Consent

You hereby expressly consent to our use of location-based services and expressly waive and release us from any and all liability, claims, causes of action or damages arising from your use of the Delivery IQ Application, or in any way relating to the use of the precise location and other location-based services.

General Consent

By using the Delivery IQ Application, you are consenting to our processing your information as set forth in this Privacy Policy now and as amended by us. “Processing” means using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining, and disclosing information, all of which activities will take place in the United States. If you reside outside the U.S. your information will be transferred to the U.S. and processed and stored there under U.S. privacy standards. By using the Delivery IQ Application and providing information to us, you consent to such transfer to, and processing in, the U.S.

How to Contact Us

Please also feel free to contact us at info@foodtecsolutions.com if you have any questions about this Privacy Policy.

CERTAIN TERMS OF USE

Driver Obligations

You are responsible for complying with all applicable federal, state and local laws with respect to operation of a motor vehicle including, but not limited to, laws related to the use of a mobile device while operating a motor vehicle without appropriate “handsfree” capabilities, and laws related to typing and/or sending text or email messages with a mobile device while operating a motor vehicle. You will be solely responsible for any and all liability which results from or is alleged as a result of your failure to comply with any such laws, including personal injuries, death and property damages.

Submissions

All remarks, suggestions, ideas, graphics, or other information communicated to us through or in connection with the Delivery IQ Application (each, a “Submission”), including without limitation all intellectual property rights and other rights in and to a Submission, will forever be the property of FoodTec. We will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future FoodTec operations. Each Submission will be deemed a grant of a royalty free, non-exclusive right, license and consent to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such Submission worldwide in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised, in each case without acknowledgement or compensation to you. You warrant that all so-called “moral rights” have been waived in connection with each Submission.