PRIVACY NOTICE

Last updated January 01, 2021

Thank you for choosing to be part of our community at DietaryDNA, LLC, doing business as Dineable ("Dineable", "we", "us", "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice, or our practices with regards to your personal information, please contact us at mark@dineable.com.

When you visit our website http://www.dineable.com (the "Website"), use our mobile application, use our Facebook application, as the case may be (the "App") and more generally, use any of our services (the "Services", which include the Website and App), we appreciate that you are trusting us with your personal information. We take your privacy very seriously. In this privacy notice, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.

This privacy notice applies to all information collected through our Services (which, as described above, includes our Website and App), as well as, any related services, sales, marketing or events.

Please read this privacy notice carefully as it will help you understand what we do with the information that we collect.

TABLE OF CONTENTS


1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short:  We collect personal information that you provide to us.

We collect personal information that you voluntarily provide to us when you register on the Services, express an interest in obtaining information about us or our products and Services, when you participate in activities on the Services or otherwise when you contact us.

The personal information that we collect depends on the context of your interactions with us and the Services, the choices you make and the products and features you use. The personal information we collect may include the following:

Personal Information Provided by You. We collect namesphone numbersemail addressesmailing addressesjob titlescontact preferencescontact or authentication databilling addressesdebit/credit card numbersdietary restrictionsfood allergiesfood preferencesfood ordersand other similar information.

Payment Data. We may collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by Stripe. You may find their privacy notice link(s) here: https://stripe.com/privacy.

Social Media Login Data. We may provide you with the option to register with us using your existing social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the information described in the section called "HOW DO WE HANDLE YOUR SOCIAL LOGINS?" below.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short:  Some information — such as your Internet Protocol (IP) address and/or browser and device characteristics — is collected automatically when you visit our Services.

We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services and other technical information. This information is primarily needed to maintain the security and operation of our Services, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies.

The information we collect includes:
  • Log and Usage Data. Log and usage data is service-related, diagnostic, usage and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called 'crash dumps') and hardware settings).
  • Device Data. We collect device data such as information about your computer, phone, tablet or other device you use to access the Services. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model Internet service provider and/or mobile carrier, operating system and system configuration information.
  • Location Data. We collect location data such as information about your device's location, which can be either precise or imprecise. How much information we collect depends on the type and settings of the device you use to access the Services. For example, we may use GPS and other technologies to collect geolocation data that tells us your current location (based on your IP address). You can opt out of allowing us to collect this information either by refusing access to the information or by disabling your Location setting on your device. Note however, if you choose to opt out, you may not be able to use certain aspects of the Services.

Information collected through our App

In Short:  We collect information regarding your geolocation, push notifications, and Facebook permissions when you use our App.

If you use our App, we also collect the following information:
  • Geolocation Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our App, to provide certain location-based services. If you wish to change our access or permissions, you may do so in your device's settings.
  • Push Notifications. We may request to send you push notifications regarding your account or certain features of the App. If you wish to opt-out from receiving these types of communications, you may turn them off in your device's settings.
  • Facebook Permissions. We by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, checkins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.
This information is primarily needed to maintain the security and operation of our App, for troubleshooting and for our internal analytics and reporting purposes.

Information collected from other sources

In Short:  We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources.

In order to enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as public databases, joint marketing partners, affiliate programs, data providers, social media platforms, as well as from other third parties. This information includes mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), Internet Protocol (IP) addresses, social media profiles, social media URLs and custom profiles, for purposes of targeted advertising and event promotion. If you interact with us on a social media platform using your social media account (e.g. Facebook or Twitter), we receive personal information about you such as your name, email address, and gender. Any personal information that we collect from your social media account depends on your social media account's privacy settings.

2. HOW DO WE USE YOUR INFORMATION?

In Short:  We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:
  • To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract. See the section below headed "HOW DO WE HANDLE YOUR SOCIAL LOGINS?" for further information.
  • To post testimonials. We post testimonials on our Services that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and the content of the testimonial. If you wish to update, or delete your testimonial, please contact us at info@dineable.com and be sure to include your name, testimonial location, and contact information.
  • Request feedback. We may use your information to request feedback and to contact you about your use of our Services.
  • To enable user-to-user communications. We may use your information in order to enable user-to-user communications with each user's consent.
  • To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
  • To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
  • To protect our Services. We may use your information as part of our efforts to keep our Services safe and secure (for example, for fraud monitoring and prevention).
  • To enforce our terms, conditions and policies for business purposes, to comply with legal and regulatory requirements or in connection with our contract.
  • To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

  • Fulfill and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.

  • Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in our competitions.

  • To deliver and facilitate delivery of services to the user. We may use your information to provide you with the requested service.

  • To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
  • To send you marketing and promotional communications. We and/or our third-party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. For example, when expressing an interest in obtaining information about us or our Services, subscribing to marketing or otherwise contacting us, we will collect personal information from you. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS?" below).
  • Deliver targeted advertising to you. We may use your information to develop and display personalized content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short:  We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share your data that we hold based on the following legal basis:
  • Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.
  • Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
  • Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
  • Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
  • Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
More specifically, we may need to process your data or share your personal information in the following situations:
  • Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
  • Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Place API). To find out more about Google’s Privacy Policy, please refer to this link.
  • Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third-party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data on our behalf about how you interact with our Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content, pages or features, and better understand online activity. Unless described in this notice, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. We have contracts in place with our data processors, which are designed to help safeguard your personal information. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will also not share your personal information with any organization apart from us. They also commit to protect the data they hold on our behalf and to retain it for the period we instruct.
  • Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit or use the Services. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.
  • Affiliates. We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy notice. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
  • Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.

4. WHO WILL YOUR INFORMATION BE SHARED WITH?     

In Short:  We only share information with the following categories of third parties.

We only share and disclose your information with the following categories of third parties. If we have processed your data based on your consent and you wish to revoke your consent, please contact us using the contact details provided in the section below titled "HOW CAN YOU CONTACT US ABOUT THIS NOTICE?".
  • Ad Networks
  • Affiliate Marketing Programs
  • Cloud Computing Services
  • Communication & Collaboration Tools
  • Data Analytics Services
  • Data Storage Service Providers
  • Order Fulfillment Service Providers
  • Payment Processors
  • Performance Monitoring Tools
  • Product Engineering & Design Tools
  • Sales & Marketing Tools
  • Social Networks
  • Testing Tools
  • User Account Registration & Authentication Services
  • Website Hosting Service Providers
  • Partner Caterers & Food Suppliers

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short:  We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Notice.

6. HOW DO WE HANDLE YOUR SOCIAL LOGINS?     

In Short:  If you choose to register or log in to our services using a social media account, we may have access to certain information about you.

Our Services offers you the ability to register and login using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile information we receive may vary depending on the social media provider concerned, but will often include your name, email address, friends list, profile picture as well as other information you choose to make public on such social media platform. If you login using Facebook, we may also request access to other permissions related to your account, such as your friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission.

We will use the information we receive only for the purposes that are described in this privacy notice or that are otherwise made clear to you on the relevant Services. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy notice to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.

7. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short:  We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

8. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short:  We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the Services within a secure environment.

9. DO WE COLLECT INFORMATION FROM MINORS?

In Short:  We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we may have collected from children under age 18, please contact us at info@dineable.com.

10. WHAT ARE YOUR PRIVACY RIGHTS?

In Short:  In some regions, such as the European Economic Area (EEA) and United Kingdom (UK), you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the EEA and UK), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent.
 
If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.

If you have questions or comments about your privacy rights, you may email us at info@dineable.com.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:
  • Contact us using the contact information provided.
  • Log in to your account settings and update your user account.
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:
  • Access your account settings and update your preferences.
  • Contact us using the contact information provided.

11. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice. 

12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short:  Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with a Service, you have the right to request removal of unwanted data that you publicly post on the Services. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).

CCPA Privacy Notice

The California Code of Regulations defines a "resident" as:

(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose

All other individuals are defined as "non-residents."

If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.

What categories of personal information do we collect?

We have collected the following categories of personal information in the past twelve (12) months:


Category


Examples


Collected

A. Identifiers
Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name

YES

B. Personal information categories listed in the California Customer Records statute
Name, contact information, education, employment, employment history and financial information

YES

C. Protected classification characteristics under California or federal law
Gender and date of birth

NO

D. Commercial information
Transaction information, purchase history, financial details and payment information

NO

E. Biometric information
Fingerprints and voiceprints

NO

F. Internet or other similar network activity
Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements

NO

G. Geolocation data
Device location

NO

H. Audio, electronic, visual, thermal, olfactory, or similar information
Images and audio, video or call recordings created in connection with our business activities

NO

I. Professional or employment-related information
Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us

NO

J. Education Information
Student records and directory information

NO

K. Inferences drawn from other personal information
Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics

NO


We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:
  • Receiving help through our customer support channels;
  • Participation in customer surveys or contests; and
  • Facilitation in the delivery of our Services and to respond to your inquiries.
How do we use and share your personal information?

DietaryDNA, LLC collects and shares your personal information through:
  • Targeting cookies/Marketing cookies
  • Social media cookies
  • Beacons/Pixels/Tags
More information about our data collection and sharing practices can be found in this privacy notice.

You may contact us by email at info@dineable.com, by visiting https://dineable.com/virtual-catering-events-delivery-contact/, or by referring to the contact details at the bottom of this document.

If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.

Will your information be shared with anyone else?

We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.

We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data.

DietaryDNA, LLC has disclosed the following categories of personal information to third parties for a business or commercial purpose in the preceding twelve (12) months:

  • Category A. Identifiers, such as contact details, like your real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name.

  • Category B. Personal information, as defined in the California Customer Records law, such as your name, contact information, education, employment, employment history and financial information.

The categories of third parties to whom we disclosed personal information for a business or commercial purpose can be found under "WHO WILL YOUR INFORMATION BE SHARED WITH?".

DietaryDNA, LLC has not sold any personal information to third parties for a business or commercial purpose in the preceding twelve (12) months. DietaryDNA, LLC will not sell personal information in the future belonging to website visitors, users and other consumers.

Your rights with respect to your personal data

Right to request deletion of the data - Request to delete

You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.

Right to be informed - Request to know

Depending on the circumstances, you have a right to know:
  • whether we collect and use your personal information;
  • the categories of personal information that we collect;
  • the purposes for which the collected personal information is used;
  • whether we sell your personal information to third parties;
  • the categories of personal information that we sold or disclosed for a business purpose;
  • the categories of third parties to whom the personal information was sold or disclosed for a business purpose; and
  • the business or commercial purpose for collecting or selling personal information.
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

We will not discriminate against you if you exercise your privacy rights.

Verification process

Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.

We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.

Other privacy rights
  • you may object to the processing of your personal data
  • you may request correction of your personal data if it is incorrect or no longer relevant, or ask to restrict the processing of the data
  • you can designate an authorized agent to make a request under the CCPA on your behalf. We may deny a request from an authorized agent that does not submit proof that they have been validly authorized to act on your behalf in accordance with the CCPA.
  • you may request to opt-out from future selling of your personal information to third parties. Upon receiving a request to opt-out, we will act upon the request as soon as feasibly possible, but no later than 15 days from the date of the request submission.
To exercise these rights, you can contact us by email at info@dineable.com, by visiting https://dineable.com/virtual-catering-events-delivery-contact/, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.  

13. DO WE MAKE UPDATES TO THIS NOTICE?     

In Short:  Yes, we will update this notice as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

14. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?     

If you have questions or comments about this notice, you may email us at info@dineable.com or by post to:

DietaryDNA, LLC
230 Sugartown Road
Suite 20
Wayne, PA 19087
United States

15. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?     

Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please visit: dineable.com/virtual-catering-events-delivery-contact/.
This privacy policy was created using Termly’s Privacy Policy Generator.

DINEABLE – Terms of Service

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE DINEABLE SERVICES.

ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THESE TERMS.

1. Overview

  • Our Privacy Statement is included in this document.
  • Dineable is a tool for individuals, food preparers, and event coordinators to communicate.
  • Individual users enter their food restrictions, requirements, preferences, and special diets into the Dineable Services as a Food Profile.
  • Individual users may share their Food Profiles with each other and with food preparers and event coordinators.
  • Food preparers may review individual dietary restrictions and offer particular dishes.
  • There are no guarantees against cross-contact or other threats.
  • Each individual user must make an informed dining choice based on the information provided by the food preparer.
  • Each food preparer user must make an informed service choice based on the information provided by the individual.
  • The Dineable application at app.dineable.com and hospitality.dineable.com is currently in BETA and as such may not be fully compliant with regulations such as ADA, GDPR, and CCPA.
  • A portion of our food database and informational content was sourced from the FooDB at www.foodb.ca
  • A whole lot more legal stuff our lawyers think you should read, because it applies to all users.

2. You and Us

Welcome to Dineable. Formally, we are DietaryDNA, LLC (“DietaryDNA,” “we,” “us,” and “our”). We provide a dietary profile management system that enables individuals to manage their diets and also connect with caterers, restaurants, and other hospitality providers (“Hospitality”) that accommodate the users’ diets. We provide our services online, including via mobile applications, websites, electronic mail, texts and other communications (collectively, the “Services”). Some of the Services are provided via our parent sites at Dineable.com and DietaryDNA.com (the “Dineable Sites”).

We use the term “user” or “you” or “your” to mean any user of our Services, whether or not the user has registered with us. We use the term “registered user” to refer to anyone who has registered with us.

A registered user may register with us on his or her own behalf, or on behalf of other people. There are two types of registered users. A “representative” is a user who is authorized by a company or organization, such as a business, caterer, restaurant, or other Hospitality provider (“Company”). An “individual” is a person who registers and uses the Services for the person’s own use, and not as part of a Company. Any user who does not register with us is an “unregistered user”.

If you register on behalf of a Company or another individual, then you warrant that you are authorized by that Company or individual to do so, and that you have the right to bind that Company or individual to these Terms; otherwise, you will be binding only yourself to these Terms. These Terms apply to each user.

Individual users may use the Services to track their diets and the diets of others, including their food restrictions and the food restrictions of their families. All such information is treated as your Content, as discussed below. Individual users may share their Content with caterers, restaurants, and other Hospitality providers to determine the best menu items consistent with their diets, as well as which menu items they should avoid. Each user may allow another user to connect as a “friend”, which permits both users to share their dietary profile and other Personal Information and Content with each other, and with hospitality providers.

Caterers, Restaurants and other Hospitality providers may provide menus and other information about their
businesses, including operating hours, addresses, credit cards and other forms of payment they accept, and other information.

Individual users and Hospitality providers may communicate via the Dineable Services, or directly by telephone, email, texts, or other forms of communication, in order to make and confirm catering orders, reservations, and otherwise communicate.

These Terms of Service (“Terms”) govern your access to and use of our Services. By accessing or using the Services, or by registering as a user, you agree to be bound by these Terms as if these Terms were signed by you in ink on a hard-copy agreement. We may periodically ask you to confirm that you agree to these terms, including by taking particular actions such as clicking a button labelled “I Agree”.

Any personally-identifiable information about you or anyone else (“Personal Information”) may be stored on or through the Services. Please take precautions to protect your password and other account data, and contact us at help@dineable.com if you believe your account has been accessed by an unauthorized person.

You are responsible for safeguarding the password and other account data that you use to access the Services and for any activities or actions on your account. Therefore, you must not share with or disclose your password or account data to anyone.

We may require you to use a “strong” password or other login process to make it more difficult for others to access your account. However, you acknowledge that passwords and other login processes may be compromised.

3. Partners

As part of the Services, Dineable connects users with others (collectively, “Partners”). Each Partner is solely responsible for the services provided by the Partner, even if Dineable facilitates the communications between you and the Partner.

Each Partner provides its services pursuant to any online, hard copy or other agreements or terms of service (“Partner Agreements”), which are independent of these Terms. Any collection of Personal Information and other Content by a Partner is also subject to the applicable Partner Agreement and the Partner’s privacy statement.

4. Content

Any information, text, graphics, photos or other materials uploaded, downloaded or appearing on our Services, including all Personal Information, are collectively referred to as “Content”. When you provide Content to us (“your Content”), you warrant to us that you have all rights necessary to provide your Content to us.

In addition to your Content, some of the Content on the Services is owned by us (“DietaryDNA Content”), and by other people and entities (“Third Party Content”). You may use DietaryDNA Content and Third Party Content for your personal use while you are a user of the Services. Except for your Content, you may not share any Content with any other person or entity without the prior written permission of the owner of that Content. For example, you would need to obtain the prior written permission of the third party that owns the Third Party Content prior to reposting it to another website or sharing it with others.

We own the DietaryDNA Content and the Services. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices in or accompanying the Services or any of the Content other than your Content. You may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services or any Content other than your Content.

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or organization that originates the Content. We do not monitor the Content posted via the Services. Except for DietaryDNA Content, DietaryDNA will not be liable for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred arising out of the Content or any use of any Content.

Your use of or reliance on any Content or materials posted on the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. We do not endorse any opinions expressed via the Services.

You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or Content that have been mislabeled or are otherwise deceptive.

For any of your Content that you provide to us, you grant DietaryDNA a nonexclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicenseable, transferable, fully paid-up and royalty-free right and license to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize your Content in any form, format or process now known or hereafter discovered, via the Services or otherwise, including but not limited to any user-generated Content, ideas, concepts, techniques or data, without any further consent by you, and without any notice or compensation to you or to any third parties (“Content License”). Except for the Content License you grant to us, you retain the ownership or other rights you may have to your Content. Prior to providing us with your Content, you should retain a copy of your Content in a safe place accessible to you. As noted elsewhere in these Terms, the Content License does not apply to your Personal Information.

Hospitality users may use portions of the Dineable Content, including the Dineable trademarks and service marks, solely in connection with the Dineable Services. Dineable suggests posting the following Dineable service mark on the menus, websites, social media and other materials that reference the Dineable Services, along the following guidelines: “Dineable helps us offer a great dining experience to guests with food restrictions and special dietary needs or preferences. While we cannot guarantee against cross-contact or other threats, giving us advance notice of your concerns through Dineable helps us be more prepared. Please sign up at www.dineable.com.”

Dineable may use the names, trademarks and service marks of each Hospitality user to advertise and market the Dineable Services.

Any and all use of trademarks and service marks owned by a party, and the goodwill generated thereby, shall accrue to the benefit of the owner of the marks.

You are responsible for your use of the Services, for your Content, and for the consequences of what you do and the decisions you make.

6. User “Do’s” and “Don’ts”

As a condition to your right to access and use the Services, you agree to these Terms and to strictly observe the following Do’s and Don’ts.

Do the following:

Do comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements.

Do provide accurate information to us and update it as necessary.

Do review our Privacy Statement.

Do review and comply with notices sent by us concerning the Services.

Don’t do the following:

Don’t act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable Content.

Don’t reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property contained or embedded in or used to provide the Services or DietaryDNA Content, or any part thereof.

Don’t use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other part of the Services.

Don’t use “bots” or other automated methods to add or download Personal Information or other Content, or send or redirect messages or other permitted activities, except through tools provided or expressly permitted by DietaryDNA.

Don’t override any security component included in or underlying the Services.

7. How Old are You?

You must be at least 18 years old to use the Services. You warrant that you have the right, authority and capacity to enter into these Terms as a binding agreement.

If you are 17 years old or younger, please ask your parent or guardian to open and operate an account with us on your behalf. If anyone under the age of 18 registers with us or provides any Content to us, the young person’s parent or guardian may contact us at one of the addresses listed below in the “Contact Us” section. We will delete the young person’s account and delete any Content provided by the young person.

8. Privacy

As noted in our Privacy Statement, and subject to applicable data protection, privacy and security laws and regulations, we provide the Services to registered users from within the United States, and we currently store all personally-identifiable information (“Personal Information”) of users that we collect and retain on servers inside the United States. At any time after the date of these Terms, we may also choose to store Personal Information and Content on servers located outside the United States.

Certain types of Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, health information, or other Personal Information about you or others. Each time you use our Services or submit Personal Information or other Content to us, or register with us, you confirm your consent to the collection, storage, processing, use, sharing, and onward transfer of your Personal Information and any other Personal Information you submit, and all other Content you provide, as further stated in the version of these Terms and the version of the Privacy Statement that are current as of the date of your submission.

Please note, however, that any Personal Information, or other Content or data collected, stored or processed by a third party is subject to any privacy policy or agreements of that third party. We are not responsible for the privacy practices, security, or other aspects or processes of any third party, except as expressly stated in the current version of these Terms and the current version of the Privacy Statement.

9. Our Rights

We reserve the right at all times (but we do not have an obligation) to remove or refuse any Content on the Services, to suspend or terminate users, and to reclaim user names without liability to you. We also reserve the right to access, read, preserve, and disclose any Content, data or other information (including Personal Information) as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of DietaryDNA, the Services, our users and the general public.

10. Links to Third Parties

The Services may contain links to third-party websites, social media or features. There may also be links to third-party websites, social media or features in images or comments within the Services. As noted elsewhere in these Terms, the Services include and contain Content that we do not control, maintain or endorse. The Services may also permit interactions between the Services and a third-party website, social media or feature, including applications that connect the Services or your profile on the Services with a third-party website, social media or feature. DietaryDNA does not control any of these third-party services or any of their content. You expressly acknowledge and agree that DietaryDNA is not liable for any such third-party services, content, or features.

By using a third party service, you acknowledge and agree to the following: (i) if you use a third party service to share information, you are consenting to the sharing of information in and about your profile with and through the third party service; (ii) your use of a third party service may cause your Personal Information and other Content to be publicly disclosed, even if DietaryDNA has not itself provided such information; and (iii) your use of a third party service is at your own option and risk, and you hereby defend and indemnify us against, and hold us harmless from, any harm, damage, cost, and claims that may result from or be related to your use of any third party service.

11. Copyright Policy

DietaryDNA respects the intellectual property rights of others and expects users of our Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law (including the Digital Millennium Copyright Act or “DMCA” at 17 U.S.C. §512) and are properly provided to us. If you would like the benefit of your legal protections under the DMCA, please review the DMCA to ensure your compliance.

If you believe that Content has been copied in a way that constitutes copyright infringement or the infringement of other intellectual property rights, please send us a written request to remove the allegedly-infringing Content (“takedown notice”). Each take down notice must be in English and include the following information:

  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the copyrighted work claimed to have been infringed.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
  • Information reasonably sufficient to permit us to locate the material (e.g., if it is on one of the Dineable Sites, a detailed uniform resource locator or “URL”).
  • Your contact information, including your postal address, telephone number, and an email address.
  • A statement by you that you have a good faith belief that use of the Content or other material in the manner complained of is not authorized by the copyright owner or other owner, its agent, or the law.
  • A statement that the information in the notice is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or other owner.
  • A physical or electronic signature of the copyright owner, other owner, or a person authorized to act on their behalf.

On our receipt of a takedown notice, we may publish the takedown notice to the general public, or provide a copy of the takedown notice to the user that uploaded or provided the Content accused to be infringing (“Accused Content”). For any takedown notice that is subject to the provisions of the DMCA, the original provider of the Accused Content may have the right to send a notice to us (“counter notice”) demanding that the Accused Content be restored to the Services.

In compliance with the DMCA or other applicable law, we may implement any takedown notice by removing the Accused Content or other material from public view on the Services, and we may implement any counter notice by restoring the Accused Content or other material to public view on the Services. In either case, DietaryDNA shall bear no liability to you or anyone else for the posting, removal or re-posting of any Accused Content.

Independent of the DMCA and any other applicable laws or regulations, we reserve the right to remove any Accused Content without prior notice, at our sole discretion, and without liability to you or anyone else. In appropriate circumstances, DietaryDNA will also terminate a registered user’s account if we determine the registered user to be a repeat infringer. Our designated copyright agent for sending takedown notices and counter notices is:

Attn: Copyright Agent, DietaryDNA LLC, 230 Sugartown Road #20, Wayne, PA 19087, USA.

Email: Info@Dineable.com

12. Disclaimer of Warranties

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND, AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

WE PROVIDE THE SERVICES AND ALL INFORMATION, INCLUDING THE CONTENT, ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS ABOUT OUR SERVICES OR THOSE OF OUR PARTNERS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR FEEL HARMED BY US, THE SERVICES, OR ANYTHING RELATED TO THE SERVICES, YOU MAY CLOSE OR TERMINATE YOUR ACCOUNT AND STOP USING THE SERVICES, AS FURTHER STATED IN THE TERMINATION PROVISIONS OF THESE TERMS. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY.

WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. THE OPERATION OF THE SERVICES, INCLUDING THE DINEABLE SITES, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET OR ANY OTHER NETWORK, AND FOR ANY OTHER REASON.

FOR CLARITY, ALL INDIVIDUAL USERS EAT AT THEIR OWN RISK, AND ALL RESTAURANT AND HOSPITALITY USERS SERVE OTHER USERS AND OTHER CUSTOMERS AT THEIR OWN RISK. THE DINEABLE SERVICES CANNOT PREVENT ADVERSE REACTIONS TO ALLERGIES OR OTHER ISSUES THAT MAY ARISE IN THE PREPARATION, SERVICE AND CONSUMPTION OF FOOD, AND DIETARYDNA IS NOT RESPONSIBLE FOR ANY ADVERSE REACTIONS.

13. Termination

You may terminate your Dineable account for any reason or no reason, and at any time. To terminate your Dineable account, contact us at help@dineable.com. Termination of your account will be effective upon our processing of the notice we received from you.

We may terminate your Dineable account and these Terms for any reason or no reason, at any time, with or without notice. Any termination by us shall be effective immediately or as may be specified in our notice.

We may restrict, suspend or terminate the account of any registered user, or block the access of any unregistered user or registered user, who abuses or misuses the Services. Misuse includes, among other things, registering under more than one identity, infringing any intellectual property rights, using any functionality, feature or capability of the Services to generate, support or transmit any form of spam, engaging in any behavior or activity that we asked you not to do, or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of Dineable and the Services.

Upon the termination of your Dineable account, you will lose access to some or all of the Services. We may block access to the Services from an Internet Protocol (“IP”) address or range of IP addresses associated with those of terminated users. Upon termination, all licenses and other rights granted to you by us in these Terms will immediately cease, but any licenses you have granted to us will survive termination regardless of the reason for such termination. In addition, any fees invoiced to you prior to termination that have not been paid will continue to be due in accordance with these Terms.

14. Indemnification

You and any Company agree to defend, indemnify and hold DietaryDNA harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i) your Content or your access to or use of the Services; (ii) any alleged breach of these Terms; (iii) any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. We ask that you cooperate as reasonably requested by DietaryDNA in the defense of any claim. DietaryDNA reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim against DietaryDNA without the prior written consent of DietaryDNA, which consent DietaryDNA may refuse in its sole discretion.

15. Limitation of Liability

SOME REGIONS, COUNTRIES AND OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. FOR EXAMPLE, THE STATE OF NEW JERSEY DOES NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY IN CONSUMER CONTRACTS.

TO THE EXTENT PERMITTED BY LAW, NEITHER DIETARYDNA NOR ANY OF OUR PARTNERS, OR ANY OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATED COMPANIES, OFFICERS, EMPLOYEES, MEMBERS, DIRECTORS OR SERVICE PROVIDERS (“DIETARYDNA AFFILIATES”) SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, YOU PAID DIETARYDNA DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $100, WHICHEVER AMOUNT IS GREATER.

NEITHER DIETARYDNA NOR ANY OF THE DIETARYDNA AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU, ANY ENTITY, OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.

16. General Provisions

Severability. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.

Entire Agreement. These Terms, together with the Privacy Statement, which is incorporated herein by this reference as if set forth herein in its entirety, constitute the entire, complete and exclusive agreement between you and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms and the Privacy Statement. You acknowledge that you have had the opportunity to review these Terms and our Privacy Statement with counsel of your choice.

Amendments to these Terms. We reserve the right to modify, supplement or replace these Terms, effective upon prior written notice to the email address we have for you. If we have no email address for you, then the modified Terms will take effect ten (10) calendar days after we post them on the Services. Your use of the Services thirty days after any such update or modification shall confirm your agreement to the modified version of the Terms. If you do not want to agree to any version or set of changes to the Terms, you may terminate your account with us, or otherwise terminate your use of the Services, prior to the modified Terms taking effect, in which case the prior set of Terms in effect as of the date of termination shall continue to control any disputes or other issues that may arise regarding your use of the Services. Only modifications, supplements or replacements of these Terms as stated in this provision shall be valid and effective to amend the Terms. Any other purported amendments shall be void and of no force or effect.

No Informal Waivers, Agreements or Representations. Any failure to act with respect to a breach of these Terms by one party does not waive the other party’s right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by either party or its affiliates shall be deemed legally binding unless expressly and specifically documented in a writing signed by the parties that refers to the Terms and states expressly the intent to modify or supplement the Terms.

Assignment and Delegation. You may not assign or delegate any rights or obligations under the Terms without the prior written permission of DietaryDNA. Any purported assignment and delegation by you shall be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms and Privacy Statement, effective on sending a notice to you at the email address we have for you, or if we have no email address for you, by posting a notice of assignment on the DietaryDNA Services.

Contact Us. You may contact us via email at info@Dineable.com . Or via postal mail or courier at:

Attn: Law Department, DietaryDNA, 230 Sugartown Road #20, Wayne, PA 19087, USA.

Governing Law and Arbitration

These Terms and any action related thereto are governed by the law of the State of Delaware, and the federal law of the United States of America, without regard to or application of any conflict of laws provisions or principles. Any dispute between us or arising out of these Terms, the Privacy Statement, the Services, or their performance, shall be determined by one arbitrator in binding arbitration. For any arbitration with a resident or citizen of the United States, the arbitration will be administered by the American Arbitration Association (“AAA”) pursuant to its current Commercial Arbitration Rules; otherwise, the arbitration will be administered by the International Centre for Dispute Resolution (“ICDR”) pursuant to its current International Arbitration Rules. The language of the arbitration shall be English. To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction.

17. Effective Date and History

These Terms were last revised: June 30, 2019.

Prior revisions of these Terms:

  • September 22, 2018
  • October 30, 2017

DietaryDNA – Privacy Statement

We are DietaryDNA, LLC (“DietaryDNA”, “we”, “us” and “our”). We provide a dietary profile management system that enables individual to manage their diets and also connect with caterers, restaurants and other hospitality providers (“Hospitality”) that accommodate the users’ diets. We provide our services (the “Services”) through our websites at Dineable.com and DietaryDNA.com (the “Sites”), mobile applications, electronic mail, texts, and other forms of electronic communications.

Each person or entity who uses our Services is referred to as a “user” or “you” or “your”. If you subscribe to any of our Services, we will refer to you as a “registered user”. If you are authorized to register on behalf of a company (“Company”), such as a business, caterer, restaurant or other Hospitality provider, the user will be the Company. If you don’t register with us, we will refer to you as an “unregistered user”. This Privacy Statement and our Terms of Service (“Terms”) apply to each user.

This document is our statement of our privacy practices (“Privacy Statement”). Among other things, it explains how we and some of the companies we work with collect, use, share and protect the information you provide to us (“your Content” or “User Content”). The User Content may include any personally-identifiable information, including without limitation name, address, telephone numbers, electronic mail and postal addresses, personal health information, personal financial information, and other sensitive information that identifies or is uniquely associated with an individual (collectively, “Personal Information”). This Privacy Statement also discusses your choices about the collection, storage and use of your Personal Information.

Any Content that is not Personal Information is referred to as “Non-Personal Information.” Non-Personal Information includes information about how users use the Services, what Services users select, how users respond to service offerings, how users share information with others, what users say they like and dislike, all of which we aggregate into larger data sets that do not identify individuals (“Behavioral Data”).

Among other services, DietaryDNA connects users with other companies in the industry (collectively, “Partners”). This Privacy Statement does not apply to any Partners or to any other websites, mobile applications, or businesses. This Privacy Statement does not apply to any Personal Information or other Content collected via any means other than the Services.

By using our Services, you consent to the collection, transfer, analysis, transformation, storage, disclosure and other uses of your Content, including your Personal Information, as described in this Privacy Statement.

Note that the Dineable application at app.dineable.com and hospitality.dineable.com is currently in BETA and as such may not be fully compliant with regulations such as ADA, GDPR, and CCPA.

1. Information We Collect

As noted above, we collect Content from you while providing the Services. Some of the Content is Personal Information that we use to contact you and our Partners, and which is necessary to provide the Services. Other Content we collect from you includes Behavioral Data and other Non-Personal Information that we aggregate, share, and use to improve our Services, the services of our Partners, and others in the industry.

We collect many different types of information from you, both directly and indirectly.

Information you provide us directly

  • Registration information. When you create or modify an account, or subscribe to our Services, you provide Personal Information to us, such as your user name, age (to confirm the user as an adult), password, postal address and email address.
  • Payment information. We use a third party payment processor (“Processor”) to process your payments, so we do not store your credit card numbers or other payment information. Please note that our Processor does store and process your credit card numbers and other payment information in accordance with the Processor’s privacy policy and subject to applicable law.
  • Profile information. You may provide us with additional profile information that you choose to make public or share with other users. You may also provide information to customize your account, such as a telephone number for the delivery of short message system (“SMS”) or text messages. Each individual user may connect with other users as “friends” to share their dietary profile and other Personal Information and Content, and share Personal Information and Content with restaurants via reservation requests and other Hospitality providers. Similarly, Hospitality providers may provide their Personal Information and Content to the Services to attract and communicate with users, make reservations, and coordinate the preparation and delivery of orders. We may use your contact information to send you information about our Services, any orders you place, or to market to you. You may use your account settings to customize notifications from us. If you email us, we may keep your message, email address and contact information to respond to your request.
  • Location Information. We may ask for your postal address or your geographic location information, especially if you place an order for Services with us. When you post User Content to our website or to social media, you may provide your location information, including global positioning system (“GPS”) data or other location information embedded in or accompanying the User Content (e.g., in tags or captions).
  • Communications between you and DietaryDNA: We may send you emails, SMS or text messages, and other electronic communications for sales and delivery, account verification, notices of changes/updates to features of the Services, technical and security notices, and for other purposes. We may collect and store these communications.

Information we gather from your use of our Services

  • Emails. We collect and may save private emails sent to us by users, and we may share your emails with any third parties or other users. Any public posts on Services may be viewed by any user and is public to anyone who visits the Services. You may elect to disclose certain Personal Information and Non-Personal Information. The information you submit in any public forums is not confidential or private, and DietaryDNA does not protect it. All information you choose to provide publicly, including information that identifies you or others, can be read, collected, or used by other users and by other third parties, and could be used to send you unsolicited messages and for other purposes.
  • Social Media. In addition to media that we control, you may post comments, photographs, drawings and other User Content on third party social media, such as Facebook, Instagram and Twitter, each of which enforces its own terms of use and privacy policy for its service. As noted in the Terms and our other online documents, we may use and copy the User Content you post. More to the point, your User Content may contain Personal Information about you and other people in the form of names, email addresses, personal health information, and location information. You should also be aware that a photograph or drawing of a person may be Personal Information to the extent the person may be recognized in and identified by the photograph or drawing, and medical or other healthcare information may be gleaned from any medical conditions, disorders or diseases are discussed or portrayed in the User Content, such as dietary restrictions. We may collect and use User Content and the Personal Information contained in the User Content to market our Services.
  • Analytics. We use third-party analytics tools to help us measure traffic and usage trends and other Non-Personal Information for the Services. These tools collect information sent by your device or our Services, including the web pages you visit, add-ons, and other information that assists us in improving our Services. We collect and combine this analytics information with analytics information from other users so that it cannot be used to identify any particular individual user.
  • Metadata. Metadata is usually technical data that is associated with other data, including User Content. For example, metadata can describe how, when and by whom an item of User Content was collected and how that User Content is formatted. DietaryDNA may collect and store metadata, including about each user’s public posts on the Services.
  • Links. DietaryDNA may keep track of how you interact with links across our Services, including our email notifications and third-party Services by redirecting clicks or through other means. We do this to help improve our Services, to provide more relevant local data, and to be able to share aggregate click statistics such as how many times a particular link was clicked on.
  • Device Identifiers. We may access, collect, monitor, store on your device, or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your computer, phone or other device, which uniquely identifies your device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by DietaryDNA. A device identifier may deliver information to us or to a third-party partner about how you browse and use the Services and may help us or others provide reports or personalized Content and ads. Some features of the Services may not function properly if use or availability of device identifiers is impaired or disabled.
  • Log Data. Our servers automatically record information (“log data”) created by your use of the Services. Log Data may include information such as your Internet Protocol (“IP”) address, browser type, operating system, the referring web page, pages visited, location, your mobile carrier, device and application IDs, search terms, and cookie information. We receive log data when you interact with our Services, for example, when you visit our website, sign into our Services or interact with our email notifications. DietaryDNA uses log data to review how we provide our Services and to measure, customize, and improve the Services.

2. How We Store Your Information

  • We currently provide the Services from within the United States, and we store all User Content, including Personal Information, that we currently collect and retain on servers inside the United States.
  • In the future, we may store Personal Information and other User Content on servers located outside the United States.
  • Certain types of User Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, or other Personal Information about you or others.
  • By using our Services, or by submitting your personal Information to us, you consent to the collection, storage, processing and onward transfer of your personal Information as stated in the current version of this Privacy Statement and the current version of our other online documents, including the Terms of Service.

3. How We Use Your Information

We share and use your Personal Information in the following circumstances:

  • Opt-in with Your Consent. We may ask for your permission to share your Personal Information with other people and organizations outside of DietaryDNA, including to help conduct studies or provide you with other services. As with any opt-in procedure, you are under no duty to agree to a request that you opt-in.
  • Partners and Affiliates of DietaryDNA. We may share your Personal Information with Partners and with our DietaryDNA affiliates (meaning entities controlled by, controlling or under common control with DietaryDNA) as necessary to sell and provide the Services. However, any Personal Information stored in one country or jurisdiction would not be forwarded to another country or jurisdiction, except in compliance with applicable laws and regulations.
  • Cookies: Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features and remember your personalization choices. We use cookies to make it easier to access and use our Services. The help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the website of its manufacturer. Because cookies allow you to take advantage of some of the Service’s essential features, we recommend that you leave them turned on. Cookies are also used to display particular Content and to set session identifiers for visitors who voluntarily join user areas.
  • Opt-out Email or Postal Address. If you supply us with your postal or email address you may receive periodic mailings from us with information on new products and services or upcoming events. If you do not want to receive such mailings, please let us know by sending an email to us at the “opt-out” address, below. We will remove your name from the list we use internally. Opting-out of these emails does not mean we remove your email from our system entirely, because we still retain your email addresses for other purposes.
  • Service Providers. We employ third party companies and individuals to facilitate our Services (e.g., payment processing, maintenance, analysis, audit, marketing and development). These third parties may have limited access to your Personal Information only to perform these tasks on our behalf and are obligated to DietaryDNA not to disclose or use your Personal Information for other purposes.
  • Required by Law. We may access, preserve and share your Personal Information in response to a legal request (like a search warrant, court order or subpoena). We may also access, preserve and share Personal Information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
  •  National Security and Intelligence Activities. We may release your Personal Information to authorized federal officials for intelligence, counterintelligence and other national security activities when required by law. For example, under current law in the United States, certain federal officials may require that we provide Personal Information and other Content in response to a national security letter, subpoena, demand, or court order. In some cases, we would be required not to tell you that we complied with that letter, subpoena, demand, or court order. Where permitted by applicable law, we reserve the right to comply with, or to fight or quash, any such letter, subpoena, demand, or court order.
  • Change of Control. If we sell or otherwise transfer part or the whole of DietaryDNA or our assets to another organization (e.g., a merger, acquisition, or reorganization), your Personal Information such as user name and email address, User Content and any other information collected through the Services may be among the items sold or transferred. You will continue to own your User Content, but the license you grant to us in the Terms may be transferred to others.
  • Non-Personal Information. We may share Non-Personal Information publicly and with publishers, researchers or connected sites. For example, we may share aggregated Non-Personal Information publicly to show trends about the general use of our Services. Non-Personal Information includes aggregated or collective information about multiple users that does not reflect or reference an individually-identifiable user.
  • Other. In addition to some of the specific uses of information we describe in this Privacy Statement above, we may use Personal Information that we receive to:
  • help you efficiently access your information after you sign in.
  • remember information so you will not have to re-enter it during your visit or the next time you visit the Services.
  • provide personalized Content and information to you and others, which, in the future, could include online ads or other forms of marketing.
  • provide, improve, test, and monitor the effectiveness of our Services.
  • develop and test new products and features.
  • monitor metrics such as total number of visitors, traffic, and demographic patterns.
  • diagnose or fix technology problems.

4. Your Right to Review, Request Changes, and Disclose Personal Information

Subject to applicable laws and regulations, each user may inspect and receive a copy of his or her Personal Information as stored in the Services. In rare circumstances, we may deny a request, and we may provide you with an explanation. If we deny your request, you may request a review by another professional, who will be chosen by DietaryDNA, and we will comply with the outcome of the review.

Subject to applicable laws and regulations, the Personal Information you provide to us remains completely under your control. If you believe the Personal Information we have is incorrect or incomplete, you may in writing request an amendment to your Personal Information. We will approve or deny each request, and notify you of our decision. If approved, we will amend the Personal Information. We will also make a reasonable effort to notify people to whom the Personal Information was released. In the case of a denial, we will provide the reason for the denial and instructions on how to appeal.

Any information or User Content that you voluntarily disclose for use of the Services, such as your user name, your Personal Information or your User Content, may become available to the public if you release it to other users or to the general public. Once you have shared your Personal Information or your User Content with other people, or otherwise made it public, that Personal Information and your User Content may be re-shared by others.

5. Children

Our Services are not directed to persons under age 18. We have a managed user feature that allows parents to managed the accounts of their children. If you are the parent or guardian of a person under 18, and you become aware that your young person has provided us with Personal Information or User Content without your express consent, please contact us at help@dineable.com and we will remove the information or User Content, and we will terminate the young person’s account. You may then establish an account that you manage for your child or guardian.

6. Changes to this Privacy Statement

We may modify our Privacy Statement from time to time on prior written notice sent to the email address we have for you. For any user who has not provided us with an email address, the revised Privacy Statement will become effective no less than ten (10) calendar days after posting on the Services. If you choose not to be subject to a revised version of this Privacy Statement, then you may terminate your account with us.

7. Different Locations, Different Laws

The laws and regulations that address privacy rights and responsibilities (collectively, “Laws”) are different from one to another. Indeed, some of the Laws do or do not apply depending on different factors, including:

  • Location or residence of the user.
  • Location or residence of the individual that is the subject of the Personal Information (“Data Subject”).
  • Location or residence of the person or organization that employs or contracts with the Data Subject.
  • Location of each server or other machine where the Personal Information is received, stored, processed or forwarded to.
  • Location of the relevant office of DietaryDNA.

Several of the Laws that concern unregistered users, registered users, and DietaryDNA are discussed in this Section, but these are not all of the Laws that may apply. In addition, if there is any conflict or ambiguity between the statements made in this Privacy Statement and an applicable Law, then the Law will control.

7.1 United States Federal Laws

Several of the federal Laws in the United States may apply to the Personal Information collected by us.

Currently, all Personal Information of users resident in the United States is stored on servers and other machines physically located within the United States.

7.1.1 Health Insurance Portability and Accountability Act (“HIPAA”)

Currently, HIPAA does not apply to the Services as we are neither a covered entity nor a business associate (as those terms are used in HIPAA).

7.1.2 Children’s Online Privacy Protection Act (“COPPA”)

Currently, COPPA does not apply to the Services. Each registered user and other user must be 18 years of age or older. We have a managed user feature that allows parents to manage the accounts of their children. As noted in this Privacy Statement, if we learn of any registered user is under the age of 18, or if any parent or guardian of a user under the age of 18 contacts us, we will close that user’s account and remove all information provided by the individual from our Services.

7.2 State Laws in the United States

Individual states in the United States have passed and enforce information privacy and security laws.

7.2.1 Your California Privacy Rights

If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information by us to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to help@dineable.com, or send us postal mail at:

Attn: Privacy, DietaryDNA, 230 Sugartown Road #20, Wayne, PA 19087, USA.

Pursuant to California Civil Code Section 1798.83(c)(2), we do not share users’ Personal Information with affiliate companies or others outside DietaryDNA for those parties’ direct marketing use, unless a user elects that we do so.

If you are a California resident under the age of 18, and a subscriber of any site where this Privacy Statement is posted, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to help@dineable.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal, even if requested.

By submitting any Personal Information or other User Content to us, or placing any order with us, you consent to the storage, processing, use and onward transfer of your Personal Information and User Content to us in the United States.

8. Use of Email Addresses and Other Contact Information

We collect the email addresses of those who voluntarily provide them to us, including unregistered users and registered users. You may receive subscription, editorial and other messages from the Services or from us. If you do not want to receive email from us in the future, please let us know at help@dineable.com.

9. Contact Us

If you have questions or concerns about this Privacy Statement, please contact us online at help@dineable.com, or by postal mail addressed to:

Attn: Privacy, DietaryDNA, 230 Sugartown Road #20, Wayne, PA 19087, USA.

10. Revision Date and History

These Terms were last revised: June 30, 2019.

Prior versions of this Privacy Statement are listed below:

  • September 22, 2018.
  • October 30, 2017.