NOTICES PURSUANT TO THE CALIFORNIA CONSUMER PRIVACY ACT (AS AMENDED BY THE CALIFORNIA PRIVACY RIGHTS ACT) AND THE VIRGINIA CONSUMER DATA PROTECTION ACT

NOTICE OF COLLECTION OF PERSONAL INFORMATION FOR CALIFORNIA EMPLOYEES, APPLICANTS, AND INDIVIDUAL SERVICE PROVIDERS

Delivery.com (“Delivery.com”, “us”, “our” or “we”) has created this privacy policy to demonstrate our commitment to protecting personally identifiable information that you provide to us, as well as other information that we collect and/or receive in connection with your use of our website, www.delivery.com or our mobile site, m.delivery.com (such sites, collectively, the "Site"), and our mobile applications (the "Delivery.com Apps"), or any job application you may submit to us or your employment or contractual engagement with us, or, if you are a vendor or merchant, in connection with your business dealings with us.

As used in this privacy policy the terms “include(s)” and “including” mean “including without limitation.”

Information we collect when you use the Site and the Delivery.com Apps and how we use it

1. Personally identifiable information we collect

Personally identifiable information you may provide to us in connection with your use of the Site, include identifiers (e.g., your name, address, phone number, and email address). Other personally identifiable information you may provide to us in connection with any job application you may submit to us or your employment or contractual engagement with us, or, if you are a vendor or merchant, in connection with your business dealings with us, include the following:

  • Identifiers (e.g., real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, bank account number, credit card number, debit card number, or any other financial information, or other similar identifiers, as applicable);
  • Your signature, physical characteristics or description, insurance policy number, education, employment, employment history, medical information, or health insurance information;
  • Characteristics of protected classifications under applicable laws;
  • Commercial information, including products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
  • Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website application, or advertisement;
  • Geolocation data;
  • Audio, electronic, visual, or similar information;
  • Professional or employment-related information; and
  • Sensitive personal information (for example, social security number, driver’s license number, passport number);
  • Other categories of information described in:

2. How we use and share the personally identifiable information we collect

Personally identifiable information is used to (and shared with participating merchants and our third-party service providers to) process and complete the orders placed with the participating merchants. This information is also used to (and shared with participating merchants and our third-party service providers to) contact you for administrative, customer service, security monitoring, fraud detection or similar purposes. In addition, this information is used to (and shared with participating merchants and our third-party service providers as needed to) communicate with you, to enhance your experience at and improve the Delivery.com products and services and to improve the functionality and content of the Site and the Delivery.com Apps including by showing the content that we think you might be interested in. In doing so, we may share this information with third-party service providers so that they may provide analytics services and/or display ads that we think might be of interest to you on the Site and/or other websites. This information may also be used (and shared with applicable Office Account holders and our third-party service providers as needed) in connection with Office Accounts, including for billing and reporting. This information may also be used in connection with any job application you may submit to us or your employment or contractual engagement with us, or, if you are a vendor or merchant, in connection with your business dealings with us (e.g., you or your employer may provide information to us, or we may ask for information in connection with account openings, applications, subscriptions, other forms or business transactions). Lastly, this information may be used as agreed to by you. Please note that, as of the latest update of this privacy policy, the Site does not currently take actions to respond to "Do Not Track" signals in browsers. Your personally identifiable information (including, name and email address) may be used (and shared with our third-party service providers as needed to) to provide newsletters, promotional materials, and updates related to the Site and/or the Delivery.com Apps, our participating merchants, specials or features or services offered or made available on or using the Site and/or the Delivery.com Apps. When logged in to our website, www.delivery.com, you have the ability to edit your "SMS Notifications" preferences in your account to opt-out of receiving order updates via text messages. Alternatively, you may click the "unsubscribe" link contained in our email messages.

3. Usage information we collect

When you access or use the Site and the Delivery.com Apps we may automatically receive and store usage information through cookies, clear gifs, log files, and other tracking technologies, and we may use third-party analytics partners, such as Google Analytics, to assist with this collection. Such information may include information about how you use the Site and the Delivery.com Apps (e.g., your mobile device ID, device type and operating system), information about your browser and usage patterns (e.g., your IP addresses, geolocation, cookie information and statistical information about your online experience, preferences, shopping cart content and the pages they request), and information about your device that you use to access the website (e.g., your mobile device ID, internet service provider, device type and operating system).

4. How we use and share the usage information we collect

Although non-personally identifiable, we may use such received and collected information to monitor aggregate use metrics, analyze traffic patterns, track content you may be interested in, diagnose and fix technology problems and otherwise plan for and enhance the Site and the Delivery.com Apps, and disclose it to and share it with our third-party service providers for the same purposes as set out in this paragraph.

5. How we use and share personally identifiable information that you provide to us in connection with any job application you may submit to us or your employment or contractual engagement with us Please see our

State Specific Privacy Notices and Notice of Collection of Personal Information for California Employees, Applicants, and Individual Service Providers

6. Other information that we collect which is used and shared as described below

We may disclose any information we receive or collect in connection with your use of the Site and/or the Delivery.com Apps to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or property or the defense of claims. Without limiting the foregoing and in addition thereto, we may transfer your information to another entity if we are acquired by or merged with another entity, if all or substantially all of our assets or business are acquired by another company, or as part of a bankruptcy proceeding.

7. Compliance and protection

We may disclose any information we receive or collect in connection with your use of the Site and/or the Delivery.com Apps to the extent that we determine in good faith to be required by any applicable laws, rules, regulations or orders or in enforcement of our rights or property or the defense of claims. Without limiting the foregoing and in addition thereto, we may transfer your information to another entity if we are acquired by or merged with another entity, if all or substantially all of our assets or business are acquired by another company, or as part of a bankruptcy proceeding.

Third party services

Third-party services The Site and the Delivery.com Apps may from time to time display call-to-action buttons and/or include links to websites that are not owned or operated by us. We are not responsible for, do not endorse and have not reviewed the privacy practices of such buttons, websites, their owners or operators.

Children

Please note that the Site and the Delivery.com Apps are not designed to be used by or collect any personally identifiable information from individuals under the age of majority.

Additional Rights

a. Additional US State Rights

Consumers who are residents of states with data protection laws may be entitled to additional notices and rights regarding our collection and use of their personal information. Please see our Notices Pursuant to the California Consumer Privacy Rights Act (as amended by the California Privacy Rights Act) and the Virginia Consumer Data Protection Act.

b. Additional Rights of Employees, Applicants and Individual Service Providers

Our employees, job applicants and individual service providers who are California residents may be entitled to additional notices and rights regarding our collection and use of their personal information. Please see our California Consumer Privacy Rights Act Policy and Notice of Collection of Personal Information for California Employees, Applicants, and Individual Service Providers

c. California Shine the Light Disclosure

California's "Shine the Light" law (Civil Code Section § 1798.83) permits visitors who are California residents to request certain information regarding our disclosure of Personal information (as defined in California Civil Code Section 1798.83(e)(7)) to third parties for their direct marketing purposes. To make a request to access such information, please contact us using this form. After receiving such a request, we will provide a list of the categories of such Personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.

For California consumers who are California residents, please see our Notice to California Consumers subject to the California Consumer Privacy Act.

d. Additional New York City Rights

New York City code (N.Y.C. Admin. Code § 20-563.7) permits participating merchants in New York City to request a monthly report from us containing the customer data (as defined in N.Y.C. Admin. Code § 20-563) of customers who place orders with such participating merchants through the Site and/or the Delivery.com Apps. Such code permits New York City customers to request that we do not share their Customer data with such participating merchants. New York City customers may opt- out of sharing such customer data here. We reserve our right not to respond to requests not to share submitted other than through the method specified in this paragraph.

Changes to this Privacy Policy

Delivery.com may modify this privacy policy from time to time upon written notice or posting to the Site or the Delivery.com Apps. It is your responsibility to review this privacy policy periodically. You agree that your access to or use of the Site or the Delivery.com Apps after such notice or posting implies your acknowledgement and agreement to the modification and this privacy policy.

How to contact us

If you have any questions about this privacy policy, the practices of the Site or the Delivery.com Apps, or your dealings with the Site or the Delivery.com Apps, please contact us using the form provided.

Last updated: January 1, 2023