Your access to and use of our All Day Kitchens Online Services are subject to our Terms and Conditions of Use agreement, which defines some of the terms used throughout this Policy. Please make sure that you have carefully read and understand the Terms and Conditions of Use agreement before you use our All Day Kitchens Online Services. By using our All Day Kitchens Online Services, you accept the Terms and Conditions of Use, and accept our privacy practices described in this Policy. If you do not feel comfortable with any part of this Policy or our Terms and Conditions of Use, you must not use or access our All Day Kitchens Online Services.
Our All Day Kitchens Online Services may change from time to time. As a result, we reserve the right to update or modify this Policy at any time and from time to time without prior notice. If we make any material changes to the way we process your Personal Information, we will notify you before such changes are effective. If you object to any changes, you must cease using our All Day Kitchens Online Services. We recommend you review this Policy periodically. This Policy became effective on the date indicated at the top of this page. Your continued use of our All Day Kitchens Online Services after any changes or revisions to this Policy indicates your agreement to the terms of the revised Policy.
1. Collection of Personal Information
When you use our All Day Kitchens Online Services, we may collect or receive Personal Information about you to provide our All Day Kitchens Online Services and operate our business. The types of Personal Information that we may collect about you are:
a. Information You Provide to Us Directly
You may provide your Personal Information to us when you use our All Day Kitchens Online Services, including when you register with All Day Kitchens, search within or place orders through our All Day Kitchens Online Services, contact us with inquiries, respond to surveys, or otherwise access our All Day Kitchens Online Services. This information may include:
- User Profile – We collect profile information associated with your account. This includes information such as name, email address, delivery address, and phone number.
- Order Details – When you place an order through our All Day Kitchens Online Services we collect information related to that order. This may include information such as items purchased, special instructions, date and time of order, and subtotal.
- Payment Information – Payment information collected such as bank name and payment method.
- Surveys – From time-to-time, we invite our customers and users to participate in surveys or contests. When a customer or a user participates, we may request certain Personal Information such as name and email address.
b. Information Received From You as Part of Your Communications
When you use our All Day Kitchens Online Services, complete electronic forms, or contact us, by online chat, email, phone or text, we may automatically collect and store certain information about you and the activity you engaged in, for example: your name and contact information; your order details; information that you voluntarily provide to us; the nature of your communication; the purpose of the interaction, and the action we took in response to your inquiry or request.
c. Information Collected Automatically
We also may receive and store certain information about you and your device(s) automatically when you access or use our Site and All Day Kitchens Online Services. This information may include:
- Technical Information – We collect technical information associated with your activity on our websites and may include information related to your browser and operating system, IP address (the Internet address of your computer) unique device identifiers, and other information such as your device type. We use such information for diagnostic and statistical purposes and to administer our All Day Kitchens Online Services.
- Site Usage Information – We collect information to better understand customer traffic patterns and Site usage. This may include the webpage that you were visiting before accessing our Site or mobile application, the pages or features of our Site or mobile application that you browsed to inform us which part of our Site, app and All Day Kitchens Online
- Services you visit and how much time you spend there. This information is used to analyze and improve our Site and to provide our customers with a better user experience.
d. Location Information
When you use the All Day Kitchens Online Services, we may collect and store general location information (such as IP address). If you permit the All Day Kitchens Online Services to access location All Day Kitchens Online Services through the permission system used by your mobile operating system (“Platform”) or browser, we may also collect and store the precise location of your device when the All Day Kitchens 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 All Day Kitchens Online Services. You can choose whether to enable the location tracking feature through the settings on your device or Platform.
e. Information Related to the Referral Program
All Day Kitchens allows users to invite friends and family to sign up for our All Day Kitchens Online 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 you to grant us access to your mobile device address book. You can then direct us to send referral emails to contacts you select in your address book. By sending a referral, you also consent to All Day Kitchens 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. All Day Kitchens 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. You can also send an SMS with a referral link to your contacts. If you use this option, you understand that All Day Kitchens does not control the timing, content, or recipients of these SMS messages.
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. Users may not send any referral emails, SMS messages, or other communications to children under the age of 13.
If you are referred to All Day Kitchens 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 All Day Kitchens, whether you are a new customer, and whether you have placed a qualifying order with All Day Kitchens with the person(s) who referred you.
f. Personal Information from Publicly Available Sources and Third Parties
We may collect or receive Personal Information about you from publicly available sources, social network providers, marketing partners, and/or third parties.
2. Text and Email Messaging Marketing Policy
When you give consent to All Day Kitchens, you agree to receive text and email messages from All Day Kitchens at the telephone number and email address provided. You may revoke consent at any time by texting STOP. With your consent, All Day Kitchens collects and uses information about you in relation to its text and email message marketing program (the “Messaging Service”). We use Klaviyo to provide the Messaging Service to you. For the purposes of the Messaging Service, Klaviyo acts as our service provider and data processor of your information.
a. Collection of Information
All Day Kitchens collects various information from and about you, including information you directly provide when you use the Messaging Service. For example, we collect the phone number and email address you provided when signing up for the Messaging Service. When you send messages via the Messaging Service, we will also collect your messaging history and any information included in those messages. We may also collect information about you using cookies or similar technologies. Cookies enable personalization of your experience on the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders). If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, we will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your contact information if you contact us with questions about the Messaging Service or for customer service.
b. Choices and Controls
Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of our text messages with “STOP”.
c. Use of Information
We use your information to deliver, analyze, maintain and support the Messaging Service. We may also use your information to enhance the Messaging Service features and customize and personalize your experiences on the Messaging Service.
d. Sharing of Information
We may share, transfer, or disclose your information, if you consent to us doing so, as well as in the following circumstances:
Service Providers. We may share your information with third parties to help us provide the Messaging Service to you.
Legal Requirement and Protection of Klaviyo and Others. We may disclose your information as we believe such disclosure is necessary or appropriate to: (i) comply with applicable law and legal processes; (ii) respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iii) enforce a contract with us; (iv) protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and (v) allow us to pursue available remedies or limit the damages that we may sustain.
Aggregate or De-Identified Information. From time to time, we may share aggregate or de-identified information about use of the Messaging Service and such aggregated or de-identified information may be shared with any third party, including advertisers, promotional partners, and sponsors.
e. Retention of Information
We retain your information for as long as you participate in the Messaging Service or as needed to comply with applicable legal obligations. We will also retain and use your information as necessary to resolve disputes, protect us and our customers, and enforce our agreements.
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.
- to make our All Day Kitchens Online Services function properly;
- to improve our All Day Kitchens Online Services;
- to recognize you when you return to All Day Kitchens and to remember information you have already provided, such as items already in your order cart;
- to collect information about your activities over time and across third party websites or other online All Day Kitchens Online Services in order to deliver content and advertising tailored to your interests; and
- to provide a secure browsing experience during your use of our All Day Kitchens Online Services.
b. Web Beacons
Web beacons, also known as web bugs, pixel tags or clear GIFs, are tiny graphics with a unique identifier that may be included on our Site to deliver or communicate with cookies, in order to track and measure the performance of our Site and All Day Kitchens Online Services, monitor how many web visitors we have, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, web beacons are typically embedded invisibly on webpages (or in an email).
c. Online Analytics and Advertising Technologies
We and our third-party vendors may use automated technologies (including cookie identifiers on our Site), along with other collected information, to tailor ads or deliver content when you are on our All Day Kitchens Online Services or on other devices, apps or websites.
d. Interest-Based Advertising
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 and how to opt-out of receiving tailored advertising 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 Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page.
Please note that even if you opt-out, you may still receive advertisements from us. However, 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.
e. Mobile Applications
Depending on your permissions, we may receive your Personal Information from your Internet service and mobile device providers. Users of mobile devices who do not want to receive interest-based advertising may opt-out in several ways. Learn more about your choices for mobile devices by visiting http://www.aboutads.info/appchoices. 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.
4. Use of Your Personal Information
We may use the information we collect or receive about you for various purposes.
a. To Provide You With the All Day Kitchens Online Services
We use your information to provide you the All Day Kitchens Online Services. If the applicable information is to be provided or Service is to be performed by a third party, then we will disclose the applicable Personal Information to the third party providing the information or performing applicable All Day Kitchens Online Services. Your information may be available or provided to third-party service providers and that are contractually obligated to protect your information as disclosed in this Policy.
b. To Maintain, Improve, and Personalize the All Day Kitchens Online Services
We use your information for our everyday business operations such as auditing, administration of the All Day Kitchens Online Services, forum management, fulfillment, and analytics. Your information may also be used to improve the content and/or functionality of the All Day Kitchens Online Services. We may use your information to help us improve offerings for All Day Kitchens and/or our Merchants. We also use your information to personalize your experience. For example, we may personalize the content and features you see when visiting our All Day Kitchens Online Services. In addition, we may personalize advertisements, marketing communications, and recommendations to make them more tailored to your interests.
c. 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. If we send you marketing emails about All Day Kitchens Online Services that may interest you, each email will contain instructions permitting you to “opt-out” of receiving future email marketing communications.
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 All Day Kitchens Online Services.
d. For Account and Network Security Purposes
We care about keeping you secure and safe while using our All Day Kitchens Online Services. Keeping you safe requires us to process your Personal Information, such as your device information, activity information and other relevant information. We use such information to combat spam, malware, malicious activity or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information.
e. To Maintain Legal and Regulatory Compliance
Our All Day Kitchens Online Services are subject to certain laws and regulations which may require us to process your Personal Information. For example, we process your Personal Information to pay our taxes, to fulfill our business obligations, ensure compliance with employment and recruitment laws or as necessary to manage risk as required under applicable law.
f. To Enforce Compliance with Our Terms and Conditions of Use and Policies
When you access or use our All Day Kitchens Online Services, you are bound to our Terms and Conditions of Use and this Policy. To ensure you comply with them, we process your Personal Information by actively monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities on our All Day Kitchens Online Services. We also process your Personal Information to: investigate, prevent or mitigate violations of our internal terms, agreements or policies; enforce our agreements with third parties and business partners.
g. 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 and Conditions of Use, to comply with the law, and to protect against security risks.
h. For Our Business Purposes
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.
5. Sharing of Personal Information with Third Parties
We share your Personal Information as described below.
a. Service Providers
We may share your information with our third-party service providers for certain business purposes. This information is provided in order for them to provide us All Day Kitchens Online Services such as payment processing, advertising All Day Kitchens Online Services, marketing partners, web analytics, data processing, IT All Day Kitchens Online Services, customer support and other All Day Kitchens Online Services. These third-party service providers have access to your Personal Information only for the purpose of performing All Day Kitchens Online Services on our behalf and are expressly obligated not to disclose or use your Personal Information for any other purpose.
To help provide you with a high-quality delivery we also may share your information, including your Personal Information and order details, with restaurants to facilitate deliveries such as your first name and last initial and order information related to your orders.
c. Related Entities
We may share your information with our affiliates (entities that control or are under the control of All Day Kitchens) for business purposes. We will require these entities to comply with the terms of this Policy with regard to their use of your information.
d. 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 All Day Kitchens Online Services, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity.
e. 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, including during the negotiation of an actual or contemplated transaction.
f. With Your Consent
We also may share or disclose your information with your consent or at your direction.
All Day Kitchens 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. While we strive to protect your information, we cannot guarantee that your Personal Information is absolutely secure. Please keep this in mind when disclosing any information to All Day Kitchens.
Please recognize that protecting your Personal Information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, or when you communicate with us and with others through the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us as indicated in the Contact Us section below.
7. Data Retention
We will retain your Personal Information for as long as your account is active or as needed to provide you All Day Kitchens Online 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.
8. Third-Party Sites
Some of the functionality may be provided by third parties and the All Day Kitchens Online Services may link to other third-party websites that are not controlled by All Day Kitchens. These third parties are not under our control and All Day Kitchens 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.
9. Social Media Usage
You may choose to enable or log in to our All Day Kitchens Online Services via various online All Day Kitchens Online Services, including social networking All Day Kitchens Online Services like Facebook and Google. Our All Day Kitchens Online Services also may enable you to access social networking All Day Kitchens Online Services such as Facebook, Twitter, or Instagram (collectively, “Social Network”) directly or indirectly through our All Day Kitchens Online Services.
When you link a Social Network account to All Day Kitchens or log into our All Day Kitchens Online Services using your Social Network account, we may collect relevant Personal Information necessary to enable our All Day Kitchens Online Services to access that Social Network and your information 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 All Day Kitchens Online 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 Policy. Additionally, a Social Network may collect Personal Information and information about your use of our Site or All Day Kitchens Online 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 All Day Kitchens shall have no liability or responsibility for the privacy practices or other actions of any Social Network that may be enabled within our All Day Kitchens Online Services.
You may also have the option of posting your activities on our All Day Kitchens Online Services and other content to a Social Network when you access content through our All Day Kitchens Online Services. For example, you may post to Facebook that you placed an order with All Day Kitchens. Keep in mind that your usage of Social Network features is governed by applicable Social Networks and not by All Day Kitchens, and may be visible or accessible to the public.
10. Children’s Information
Our All Day Kitchens Online 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 email@example.com. A parent or guardian of a child under age 13 may review and request deletion of the child’s Personal Information.
11. Your Choices
We provide our customers and their authorized agents with the ability to access and delete Personal Information. In order to exercise these rights you must login to your account to confirm your identity, which helps us ensure that Personal Information is only made accessible to appropriate parties. Customers will not receive discriminatory treatment for exercising their rights and can return to the service after deleting their information.
a. Your Rights
This section lists the privacy-related rights (“Rights”) we extend to all All Day Kitchens customers. Your right to know and right to deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our systems.
Right to Know – You have the right to know the Personal Information we collect, use, disclose, and sell about you.
Right to Deletion – You have the right to request that we delete any Personal Information we have collected from you or maintain about you. We may save Personal Information when permitted by applicable law including, without limitation, when the information is needed for a legal purpose. If you are a California consumer, we may retain your Personal Information as necessary to: (1) complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between All Day Kitchens and you; (2) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity; (3) debug to identify and repair errors that impair existing intended functionality; (4) exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; (5) comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code; (6) engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when All Day Kitchens’s deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent; (7) to enable solely internal uses that are reasonably aligned with the expectations of you based on your relationship with All Day Kitchens; (8) to comply with a legal obligation; or (9) to otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Right to Rectification – If you are a registered All Day Kitchens user you may modify certain of your Personal Information by logging into our Site using your username and password and visiting the “Account” page. Registered All Day Kitchens users may also access the “Account” page to manage their subscriptions.
Right to Opt-Out of the Sale of Your Personal Information – You have the right to opt-out of having your Personal Information sold. The California Privacy Rights Act (“CPRA”) amends the California Consumer Privacy Act to broadly define “sale” in a way that may include allowing third parties to receive certain information such as cookie identifiers, IP addresses and/or browsing behavior to add to a profile about your device, browser or you. Such profiles may enable delivery of interest-based advertising by such third parties within their platform or on other sites. Depending on how you use the All Day Kitchens Online Services, we may share the following categories of information for such interest-based advertising which may be considered a sale (as defined by the CPRA): (1) device information and identifiers, such as IP address and unique advertising identifiers and cookies; and (2) connection and usage information, such as browsing history or app usage. Although this obligation of the CPRA does not become effective until January 1, 2023, you may opt out of such tracking technologies by following the instructions in Section 2 above.
Right to Non-Discrimination – All Day Kitchens will not discriminate against those who exercise their Rights. Specifically, if you exercise your Rights, we will not deny you goods or All Day Kitchens Online Services, charge you different prices or rates for goods or All Day Kitchens Online Services or provide you a different level or quality of goods or All Day Kitchens Online Services.
b. Asserting Your Rights
If you have an All Day Kitchens account, you may exercise your right to know or your right to deletion by emailing firstname.lastname@example.org. To verify your identity, you must log-in to your account prior to accessing or deleting your information.
If you do not have a All Day Kitchens account, you may exercise your right to know or your right to deletion by emailing your request to us at email@example.com from the email address that you believe is associated with All Day Kitchens, with the subject line “Non-user Data Request.” For safety and to otherwise prevent fraud, we may ask that you provide us with certain personal information that’s reasonably necessary for us to confirm your identity.
You may also designate an authorized agent to make a request to know or a request to delete. In order to be able to act, authorized agents have to submit written proof that they are authorized to act on your behalf, or have a power of attorney. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf.
12. California Residents
Pursuant to the California Consumer Privacy Act of 2018, below is a summary of the Personal Information we collected from consumers, the reason we collected the Personal Information, where we obtained the Personal Information we collected, and the third parties with whom we may share consumer Personal Information. The section references relate to the sections above in this Policy.
- Identifiers such as a name, address, unique personal identifier, email, phone number;
- Customer records such as signature;
- Commercial information such as records of products or All Day Kitchens Online Services purchased, obtained, or considered;
- Internet or other electronic network activity information, including browsing history and search history;
- Geolocation data that is sufficient to identify a precise physical location;
- Sensory data, such as audio, electronic, visual, or other similar information;
- Professional or employment-related information;
- Education information; and
- Inferences about preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
We collect the categories of personal information identified above from the following sources: (1) directly from you; (2) through your use of the All Day Kitchens Online Services; (3) affiliates; and (4) third parties such as information received from our referral program, social networking All Day Kitchens Online Services, publicly available sources, and marketing partners.
As explained above, we collect the categories of personal information identified above for the following business and commercial purposes:
- To provide you with the All Day Kitchens Online Services;
- To maintain, improve, and personalize the All Day Kitchens Online Services;
- To communicate with you;
- For account and network security purposes;
- To maintain legal and regulatory compliance;
- To enforce compliance with our Terms and Conditions and this Policy;
- To protect you, others, and our business; and
- For our business purposes disclosed to you at the time we collect or receive the information, or otherwise with your consent.
Do Not Track Disclosure. All Day Kitchens 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.
13. International Users
All Day Kitchens is based in the United States and, regardless of where you use our All Day Kitchens Online 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 All Day Kitchens Online Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.
14. Contact Us
If you have any questions or concerns relating to this Policy or our privacy practices please contact us at: firstname.lastname@example.org
All Day Technologies, Inc.
ATTN: Legal Department
250 S Maple Avenue, Unit E
South San Francisco, CA 94080
15. Last Updated
This Policy was last updated on August 17, 2021.