Last Updated : 13th April, 2024
INTRODUCTION
Foodosti.com LLC (“Foodosti,” “we,” “us,” or “our”) is committed to protecting our Friends (“Friends”, “Restaurants”, “Home Chef/Cottage Kitchen”, “Dosti Drivers”, and “Foodie Friends/Customers”) privacy. This Privacy Policy (“Policy”) describes how we compile, utilize, and protect Personal Information. It applies to all Personal Information collected by us.
To access and use our services, you agree to our Terms and Conditions, which define some of the terms used throughout this Policy. Please make sure that you have carefully read and understand the Terms and Conditions before you use our Services.
The Company uses a network of independent third-party contractors (“Drivers/Dosti Drivers”) who provide delivery services to our users and foodservice providers. Drivers must refer to the Driver Privacy Policy for information on how Foodosti collects and utilizes Drivers’ Personal Information.
We reserve the right to update or modify this Policy at any time and from time to time without prior notice. If we make any material changes to the way we utilize your Personal Information, we will notify you before these changes are effective. If you do not wish to accept these changes, you must stop using our Services. We recommend you review this Policy periodically. This Policy became effective on the date indicated at the top of this page. Your continued use of our Services after any changes or revisions to this Policy indicates your agreement to the terms of the revised Policy.
DATA GATHERING AND UTILIZATION
You may provide your Personal Information to us when you use our Services, including when you register with Foodosti, search within or place orders through our Services, contact us with inquiries, respond to surveys, or otherwise access our Services. This information may include:
When you use our Services (for example on our Site), complete electronic forms, communicate with Dosti Drivers or contact us, by online chat, email, phone, or text, we may automatically collect and store certain information about you and the activity you engaged in, for example, your name and contact information; your order details; information that you voluntarily provide to us; the nature of your communication; the purpose of the interaction, and the action we took in response to your inquiry or request.
Foodosti accumulates data related to phone, text, or in-app communications among users conducted through Foodosti’s apps. This includes the timestamp and the content of text or in-app messages. In cases where users are informed in advance about call recording, we may also collect the content of phone calls.
We also may receive and store certain information about you and your device(s) automatically when you access or use our Site and Services. This information may include:
When you use the Services, we may collect and store general location information (such as IP address). If you permit the Services to access location services through the permission system used by your mobile operating system (“Platform”) or browser, we may also collect and store the precise location of your device when the Foodosti app is running in the foreground or background of your device. This information may be used to help you select your delivery address, to provide more accurate deliveries of your orders, provide recommendations to you, and enhance your user experience and improve the services. You can choose whether to enable the location tracking feature through the settings on your device or Platform or when prompted by the Foodosti mobile app. If you choose to disable the location feature, the Driver will not receive precise location information from your device, which may compromise the accuracy of deliveries in some situations, for instance, if you are in a large area, such as a park or a rural area.
Foodosti allows users to invite friends and family to sign up for our Services. Sometimes we offer a promotional value for every friend or family member who signs up and places an order through your referral link. To help you do this, we may request you to grant us access to your mobile device address book. You can then direct us to send referral emails to contacts you select in your address book. By sending a referral, you also consent to Foodosti sending your public profile image to the contacts you select to receive a referral link. By choosing to invite a friend you represent that you have received the friend’s consent to provide his or her name and email address with us. Foodosti will use that information to send an email inviting him or her to visit the site and will store that information to track the success of the referral program and may send marketing emails. You can also send an SMS with a referral link to your contacts. If you use this option, you understand that Foodosti does not control the timing, content, or recipients of these SMS messages.
Users may not send, publish, or share any false, misleading, or deceptive communications in connection with participation in the Referral Program. Such actions may violate various federal, state, and/or international laws, including, but not limited to, the regulations and policies promulgated by the Federal Trade Commission. Users may not send any referral emails, SMS messages, or other communications to children under the age of 13.
If you are referred to Foodosti through one of our referral programs, or if someone attempts to refer you, we may share your name, whether you have already signed up for Foodosti, whether you are a new customer, and whether you have placed a qualifying order with Foodosti with the person(s) who referred you.
We may collect or receive Personal Information about you from publicly available sources, social network providers, marketing partners, and/or third parties. This may include:
Cookies and other tracking technologies
Foodosti and its collaborators employ cookies and other identification technologies across our applications, websites, emails, and online advertisements.
We use cookies, web beacons, pixels, session replay/screen capture, and similar technologies to collect information and personalize your experience with our Services. When we use session replay technology, we may collect on a piece of real-time basis information on how you use and navigate the Services. This may include mouse movements and how you scroll through the Services, but we do not collect keystroke data. Additional information on other technologies we may use is set forth below.
Cookies refer to compact text files saved on web browsers or devices by websites, apps, online media, and advertisements. Foodosti employs cookies and similar technologies for various purposes, including:
How to Manage Cookies – You may disable the use of cookies by modifying your browser settings. If you choose to disable cookies you may not be able to fully experience the interactive features of our Services. For more information on cookies and how to disable cookies visit www.ftc.gov/ftc/cookies.shtm or https://www.usa.gov/optout_instructions.shtml.
Web beacons, also known as web bugs, pixel tags, or clear GIFs, are tiny graphics with a unique identifier that may be included on our Site to deliver or communicate with cookies, to track and measure the performance of our Site and Services, monitor how many web visitors we have, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, web beacons are typically embedded invisibly on webpages (or in an email).
We may also authorize third parties to offer audience measurement and analytics services on our behalf, manage advertising campaigns for us throughout the internet, and monitor and provide feedback on the effectiveness of these ads. These organizations may utilize cookies, web beacons, SDKs, and similar technologies to recognize the devices employed by individuals when they access our websites, as well as when they engage with other online sites and services.
We (or our service providers) may use the information we collect, for instance, IP addresses and unique mobile device identifiers, to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers), or work with providers that do this, in order to better tailor content and features and provide you with a seamless experience across devices. If you wish to opt out of such cross device tracking for purposes of interest-based advertising, you may do so through your device settings. We may also use cross-device tracking to help identify our users and serve advertising. This type of advertising is often called “interest-based” or “personalized” advertising and when it occurs on mobile apps, “cross-app” advertising.
You can learn more about interest-based advertising and how to opt-out of receiving tailored advertising by visiting (i) the Network Advertising Initiative’s Consumer Opt-Out link or (ii) the Digital Advertising Alliance’s Consumer Opt-Out link. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. These links are provided for convenience purposes only; Foodosti is not responsible or liable for the compliance practices and programs of the companies managing the opt-out processes available through the above links.
Depending on your permissions, we may receive your personal information from your Internet service and mobile device providers. Users of mobile devices who do not want to receive interest-based advertising may opt-out in several ways. Learn more about your choices for mobile devices by visiting http://www.aboutads.info/appchoices. Each operating system, (iOS for Apple phones, Android for Android devices, etc.) provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You should view your device or system settings to determine how you can opt out of use of your device ID for “cross-app” personalized advertising.
USE OF YOUR PERSONAL INFORMATION
We may use the information we collect or receive about you for various purposes. Foodosti leverages data to facilitate dependable and convenient transportation, delivery, and a variety of other offerings. Additionally, we utilize this data:
We use your information to provide you with the Services. For example, we use credit card information to complete a transaction or an address to allow the Dosti Driver to fulfill your delivery. If the applicable information is to be provided or Service is to be performed by a third party, then we will disclose the applicable Personal Information to the third party providing the information or performing applicable Services. Your information may be available or provided to third-party service providers and that are contractually obligated to protect your information as disclosed in this Policy.
Furthermore, at Foodosti, we utilize data to offer a wide array of services and features, which includes:
We use your information for our everyday business operations such as auditing, administration of the Services, forum management, fulfillment, and analytics. Your information may also be used to improve the content and/or functionality of the Services. We may use your information to help us improve offerings for Foodosti and/or our Merchants. We also use your information to personalize your experience. For example, we may personalize the content and features you see when visiting our Services. In addition, we may personalize advertisements, marketing communications, and recommendations to make them more tailored to your interests.
We use your information to communicate with you. For example, we may send you text messages or other notifications about the status of your orders and deliveries. We may also contact you with promotional offerings or other communications that may be of interest to you. If we send you marketing emails about services that may interest you, each email will contain instructions permitting you to “opt-out” of receiving future email marketing communications.
In the event you contact us, we use certain information to respond to your questions and assist you with any issues that may arise in your use of the Services. If you send text messages to a Dosti Driver, using the telephone number for that Driver available on the Services, we may use a third-party service provider to track and analyze these text messages. We track these text messages for fraud prevention, to ensure appropriate charging of fees, to enforce our Terms and Conditions, and for quality and training purposes. As part of this process, Foodosti and its service provider will receive in real-time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message. You will not be able to opt-out of transactional text messages between you and Dosti Drivers.
Foodosti utilizes the data we gather, which might encompass call recordings, to deliver customer support services. This includes the investigation and resolution of user inquiries and the continuous enhancement of our customer support procedures and responses.
We conduct these activities based on our commitment to fulfilling the terms of our agreements with users and in alignment with Foodosti’s legitimate interest in enhancing and overseeing our customer support services.
We care about keeping you secure and safe while using our Services. Keeping you safe requires us to process your Personal Information, such as your device information, activity information, and other relevant information. We use such information to combat spam, malware, malicious activity, or security risks; improve and enforce our security measures; and monitor and verify your identity so that unauthorized users do not gain access to your information.
We utilize data to contribute to the preservation of the safety, security, and reliability of both our services and our users. This encompasses:
Foodosti undertakes these activities based on our commitment to fulfilling user agreements and our legitimate interests in enhancing safety and security for Foodosti, our users, and the general public within the USA.
Our Services are subject to certain laws and regulations which may require us to process your Personal Information. For example, we process your Personal Information to pay our taxes, to fulfill our business obligations, ensure compliance with employment and recruitment laws, or as necessary to manage risk as required under applicable law.
Foodosti employs data to examine and resolve claims or disputes arising from the utilization of Foodosti’s services. This may encompass fulfilling obligations dictated by relevant laws, regulations, operating licenses, agreements, or legal proceedings, which may also involve governmental requests, including those from law enforcement agencies.
These actions are carried out to serve the legitimate interests of Foodosti in addressing and responding to claims and disputes associated with the use of our services and features. Additionally, they are undertaken to ensure compliance with pertinent legal obligations and requirements.
Foodosti utilizes data for the promotion of its services and those of Foodosti’s partners. This may involve:
Foodosti may utilize data to transmit surveys and other messages that do not pertain to the promotion of Foodosti’s services or its partners’ products.
When you access or use our Services, you are bound by our Terms and Conditions and this Policy. To ensure you comply with them, we process your Personal Information by actively monitoring, investigating, preventing, and mitigating any alleged or actual prohibited, illicit, or illegal activities on our Services. We also process your Personal Information to investigate, prevent or mitigate violations of our internal terms, agreements, or policies; enforce our agreements with third parties and business partners.
We use your information to protect you, others, and our business, including, without limitation, using information for fraud prevention, for enforcement of our Terms of Service, to comply with the law, and to protect against security risks.
We may use your information for any other purpose disclosed to you at the time we collect or receive the information, or otherwise with your consent.
DATA SHARING
Certain services and functionalities offered by Foodosti may necessitate the sharing of data with other users or as requested by a user. Additionally, we may disclose this data to our affiliates, subsidiaries, and partners when legally mandated or as part of claims or dispute resolutions.
We may share your information with our third-party service providers for certain business purposes. This information is provided for them to provide us services such as payment processing, advertising services, marketing partners, web analytics, data processing, IT services, customer support, and other services. These third-party service providers have access to your Personal Information only to perform services on our behalf and are expressly obligated not to disclose or use your Personal Information for any other purpose.
The data may be shared with various entities, including:
To help provide you with a high-quality delivery we also may share your information, including your Personal Information and order details, with the Dosti Drivers who complete your requested deliveries. Similarly, we may share information with Merchants to facilitate deliveries such as your first name and last initial and order information related to your orders with Foodosti Friends.
This involves the sharing of:
We recognize that information related to your orders could contain private information. However, we may be required to disclose your information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of users of our Services, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity.
Foodosti may disclose users’ data when it deems it necessary to comply with applicable laws, regulations, operating licenses, agreements, legal procedures, governmental requests, or when such disclosure is warranted for safety or similar considerations.
This involves the sharing of data with law enforcement officials, public health authorities, government entities, airports (if mandated by airport authorities as a condition for operating on airport premises), or other third parties when essential to uphold our Terms of Service, user agreements, or other policies. Such sharing may also occur to safeguard Foodosti’s rights, property, or the rights, safety, or property of others, or in the event of a dispute linked to the utilization of our services. In instances of disputes related to the use of another person’s credit card, we may be compelled by law to share your data, including trip or order details, with the credit card owner.
Furthermore, data may be shared with external parties in connection with, or during negotiations regarding, any merger, sale of company assets, consolidation, restructuring, financing, or acquisition involving the entirety or a portion of our business being acquired by or integrated into another company.
In the event of sale, transfer, merger, reorganization, dissolution, or similar event we may transfer your information to one or more third parties as part of that transaction, including during the negotiation of an actual or contemplated transaction.
We also may share or disclose your information with your consent or at your direction.
SECURITY
Foodosti has implemented administrative, technical, and physical security controls that are designed to safeguard Personal Information. However, no online activity is ever fully secure or error-free. While we strive to protect your information, we cannot guarantee that your Personal Information is secure. Please keep this in mind when disclosing any information to Foodosti.
Please recognize that protecting your Personal Information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, or when you communicate with us and with others through the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us as indicated in the Contact Us section below.
DATA RETETION
We will retain your Personal Information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
THIRD PARTY SITES
Some of the functionality may be provided by third parties and the Services may link to other third-party websites that are not controlled by Foodosti. These third parties are not under our control and Foodosti is not responsible for their privacy policies or practices. If you provide any Personal Information to any third party or through any such third-party website, we recommend that you familiarize yourself with the privacy policies and practices of that third party.
CHILDREN’S INFORMATION
Our Services are not intended for children under 13 years of age, and we do not knowingly collect Personal Information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us, please contact us at Foodosti.com. A parent or guardian of a child under age 13 may review and request deletion of the child’s Personal Information.
YOUR CHOICES
We provide our customers and their authorized agents with the ability to access and delete Personal Information. To exercise these rights, you must log in to your account to confirm your identity, which helps us ensure that Personal Information is only made accessible to appropriate parties. Customers will not receive discriminatory treatment for exercising their rights and can return to the service after deleting their information.
This section lists the privacy-related rights (“Rights”) we extend to all Foodosti Friends. Your right to know and right to deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us, or the security of our systems.
Contact Foodosti by E-Mail: You may contact us via e-mail ([email protected]) to exercise the following rights: (i) right to correct/rectify personal information, (ii) the right of access/right to know, and (iii) the right to deletion. In your email, please provide (a) your first and last name, email address and address of residency; (b) identify the right(s) being exercised; and (c) in the subject line include “Foodosti Request”.
Contact Us
If you have any questions or concerns relating to this Policy or our privacy practices, please contact us at [email protected] or P O Box 32, London, Kentucky, 40743.
Updates to this Policy
This Policy may be subject to updates from time to time with or without notice. We recommend that you periodically review this Policy. In the event of any changes to this Policy, we will determine whether or not notice is required and, if notice is required, we will provide appropriate notice taking into account the nature of the changes. Your continued use of our Services after any updates to this Policy constitutes your agreement and acceptance of this Policy as updated. In the event that you disagree with the changes, your only remedy is to cease using the Services.