Privacy Policy | Outbites

Outbites LLC ("Outbites," "we," "our," and/or "us") values the privacy of individuals who use our websites (including https://www.outbites.com and https://app.outbites.com) and any of our other websites, applications, or services that link to this Privacy Policy (collectively, our "Services"). This privacy policy (the "Privacy Policy") explains how we collect, use, process, and disclose personal data from users of our Services.

This Privacy Policy also explains our legal basis for processing each type of personal data we collect. By using our Services, you agree to the collection, use, processing, and disclosure of your personal data as described in this Privacy Policy. Beyond this Privacy Policy, your use of our Services is also subject to our Terms of Service.

Information We Collect

We may collect a variety of personal data from or about you or your devices from various sources, as described below. In all cases we collect only the personal data that is necessary and proportionate to allow us to provide you the Services you request from us.

A. Information You Provide to Us

Placing an Order

We collect the personal data you provide to us when you use our Services. For example, when you place an order with a Merchant (food truck, restaurant, or other food business) through our Services, we will collect some types of your personal data, including your name, phone number, email address, delivery address, date of birth (if required for age verification), Payment Information (as defined below), and any other information you provide, including details of your order and delivery instructions. If you are a member of a Merchant's loyalty program, we will collect the personal data you provide to us in connection with your membership. If you leave feedback for the Merchant, we will collect the personal data you include in your feedback.

Creating an Outbites Account

If you create an account with us, we will collect the personal data necessary for us to set up and manage that account, such as: name, email address, phone number, and date of birth (if required for age verification).

Merchants

If you are a merchant, or an employee of a merchant, we will collect your personal data in connection with your application to and use of the Services. For example, when you use or sign up for our Services, we will collect your name, email address, mailing address, phone number, Merchant name and contact information, etc. In addition to your contact information, we will collect your tax identification number, national identification number (e.g., Social Security number), and your banking and payment card information to process payments and comply with legal obligations.

Making a Payment

When you place an order with a Merchant through our Services, your credit card information, billing information, and any other financial information necessary to complete your purchase ("Payment Information") is processed by our third-party payment processors, including Stripe and Square, and the processing of your Payment Information is governed by their Privacy Policies. We do not collect, store, or process your Payment Information directly. For more information, please see the "Payment Processing" section below.

Communications

If you contact us directly, we may receive additional personal data about you. For example, if you represent a Merchant and contact us for a demo or support, we will receive your name, phone number, and email address. If you subscribe to our marketing communications, we will receive your name, email address, phone number, and order history.

B. Information We Collect When You Use Our Services

Device Information

We receive information about the device and software you use to access our Services, including internet protocol (IP) address, web browser type, and operating system version.

Usage Information

To help us understand how you use our Services and to help us improve them, we automatically receive information about your interactions with them, such as the length of time you spend on a page, objects such as hyperlinks you click on, any point at which you terminate an order, and the dates and times of your visits.

Location Information

When you use our Services, if you allow us, we will receive your precise location information. We may also collect the precise location of your device when our Services are running in the foreground or background. We use your location information to help Merchants provide accurate delivery estimates and to help you find nearby food businesses. We may also infer your general location information, for example by using your internet protocol (IP) address.

Information from Cookies and Similar Technologies

We and our third-party partners may collect information using cookies, pixel tags, or similar technologies. Our third-party partners, such as analytics and advertising partners, may use these technologies to collect information about your online activities over time and across different services. Cookies are small text files containing a string of alphanumeric characters. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Services.

Please review your web browser's "Help" file to learn the proper way to modify your cookie settings. Please note that if you delete or choose not to accept cookies from the Services, you may not be able to utilize the features of the Services to their fullest potential.

C. Personal Data We Receive from Third Parties

Merchants

If you have placed an order with a Merchant, such as a restaurant or food truck, through our Services, we will receive information regarding your order history from the Merchant.

Partners

We may receive personal data about you from third parties such as data or marketing partners and combine it with other personal data we have about you.

D. Payment Processing

When you make a payment to a Merchant through our Services, your payment is processed by a third-party payment processor such as Stripe or Square ("Payment Processor"). This Payment Processor may collect personal data from you, including your name, email address, billing address, and Payment Information in connection with your order. The use of your personal data by the Payment Processor is governed by its terms and conditions and privacy policy, and personal data we receive about you from our Payment Processor is governed by this Privacy Policy.

E. Sensitive Data

Certain categories of personal data we collect from you are legally defined as sensitive personal data in various states, such as biometric data, geolocation data, and food allergy information. Where required by state law, we will obtain your consent before collecting and processing this data. As explained below in the Your Choices section, the collection, processing, and use of your geolocation data is vital to our ability to provide you with our core services. If you do not wish us to collect such data, please do not share this sensitive personal data with us.

How We Use the Personal Data We Collect

We use the personal data we collect:

• To provide, maintain, debug, improve, and enhance our Services, including fulfilling your orders;
• To understand and analyze how you use our Services, and develop new products, services, features, and functionality;
• To understand and analyze usage patterns;
• To communicate with you, provide you with updates and other information relating to our Services, provide information that you request, personalize recommendations for you, respond to comments and questions, and otherwise provide customer support;
• To facilitate transactions and payments;
• For marketing purposes, such as developing and providing promotional and advertising materials that may be useful, relevant, valuable, or otherwise of interest to you;
• To find and prevent fraud, and respond to trust and safety issues that may arise;
• For compliance purposes, including enforcing our Terms of Service or other legal rights, or as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and
• For other purposes for which we provide specific notice at the time the personal data is collected.

How We Share the Personal Data We Collect

We do not share or otherwise disclose personal data we collect from or about you except as described below or otherwise disclosed to you at the time of the collection.

Fulfilling your Order

When you place an order with a Merchant through our Services, we will share your personal data, such as your name, address, phone number, and any allergies, food sensitivities, or special instructions regarding that order with the Merchant from which you ordered. If you place an order for delivery, we will also share your personal data, such as name, address, phone number and location with delivery drivers.

Resolving Disputes

If you have an issue with an order placed through our Services and you contact us for support, we may share your personal data, such as your account number, name, address, phone number, and location, with the Merchant or delivery driver to attempt to resolve your issue.

Vendors and Service Providers

We may share only the types of your personal data we receive with those vendors and service providers retained in connection with the provision of our Services that is necessary for the vendor or service provider to provide you with our Services.

Loyalty Programs

If you choose to participate in a Merchant's loyalty program that is powered by Outbites, we will share the personal data you provided to us when you created your account with that business.

Marketing

With the exception of Merchants you choose to interact with, we do not rent, sell, or share personal data about you with our affiliates or nonaffiliated, third-party companies for their direct marketing purposes. Categories of personal data shared will vary, but may include name, phone number, email address, and other device identifiers.

Analytics Partners

We may use analytics services such as Google Analytics to collect and process certain analytics data. These services may also collect information about your use of other websites, apps, and online resources.

As Required by Law and Similar Disclosures

We may access, preserve, and disclose your personal data if we believe doing so is required or appropriate to: (a) comply with law enforcement requests and legal process, such as a court order or subpoena; (b) respond to your requests; or (c) protect your, our, or others' rights, property, or safety. The categories of personal data we would share in any of these situations would be those required to comply with specific, legally-binding requirements, fully your data subject requests pursuant to controlling state law, or those necessary to protect you, us, or others.

Merger, Sale, or Other Asset Transfers

We may transfer your personal data to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.

Consent

We may also disclose your personal data with your permission and for your benefit.

Your Choices

Location Information

You can prevent your device from sharing precise location information at any time through your device's operating system settings. However, location is core to our Services and without it, we may not be able to provide you with all the functionality of our Services.

Marketing Communications

You can unsubscribe from our promotional emails via the link provided in the emails. Even if you opt-out of receiving promotional messages from us, you will continue to receive administrative messages from us.

By maintaining an Outbites account and/or not opting out of receiving information from Outbites, you acknowledge and agree that you may receive e-mail or SMS text messages on your phone or mobile device from Outbites, our third-party service providers, or Merchants that you choose to order from or with which you choose to establish a loyalty or similar preferred customer account. Receiving these messages may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply. Outbites, or each Merchant, may receive a confirmation when you open an email or text from us if your computer supports this type of program. If you no longer wish to receive text or email messages from Outbites, you may opt-out by following the unsubscribe link located at the bottom of each message or by contacting us at support@outbites.com. If you no longer wish to receive text or email messages from a particular Merchant, you may opt-out by following the unsubscribe link located at the bottom of each message or by contacting the Merchant as instructed in that Merchant's privacy policy.

Do Not Track

There is no accepted standard on how to respond to Do Not Track signals, and we do not respond to such signals.

Third Parties

Our Services may contain links to other websites, products, or services that we do not own or operate. We are not responsible for the privacy and advertising practices of these third parties. Please be aware that this Privacy Policy does not apply to your activities on these third-party services or any personal data you disclose to these third parties. We encourage you to read their privacy policies before providing any personal data to them.

Data Retention and Deletion Practices

We retain your personal data for as long as necessary for the purposes described in this Privacy Policy, and this varies depending on data type, the category of user to whom the data relates, the purposes for which we collected the data, and whether the data must be retained after an account deletion request for the purposes described below.

For example, we retain data:

• For the life of your account if such data is necessary to provide our services (such as account data)
• For defined periods as necessary, including as necessary to meet tax, insurance, legal or regulatory requirements (for example, we retain transaction information for 7 years)

You may request that we delete your account through the Site or by emailing us at support@outbites.com

Following an account deletion request, we delete your account and data, except as necessary for purposes of safety, security, fraud prevention or compliance with legal requirements, or because of issues relating to your account (such as an outstanding credit or an unresolved claim or dispute). We generally delete personal data within 90 days of an account deletion request, except where retention is necessary for the above reasons.

Security

We make reasonable efforts to protect your personal data by using physical and electronic safeguards designed to improve the security of the personal data we maintain. However, as no electronic transmission or storage of personal data can be entirely secure, we can make no guarantees as to the security or privacy of your personal data.

International Visitors

Our Services are hosted in the United States and intended for visitors located within the United States. If you choose to use our Services from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal data outside of those regions to the United States for storage and processing. Also, we may transfer your personal data from the U.S. to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Services. By providing any information, including personal data, on or to our Services, you consent to such transfer, storage, and processing.

Children's Privacy

We do not knowingly collect, maintain, or use personal data from children under 13 years of age, and no parts of our Services are directed to children. If you learn that a child has provided us with personal data in violation of this Privacy Policy, then you may alert us at support@outbites.com.

Your Privacy Rights

Residents of many states, including California, Colorado, Connecticut, Delaware, Florida, Iowa, Indiana, Montana, Oregon, Tennessee, Texas, Virginia, and Utah, you may have additional rights, including:

• Right to Know/Access: To confirm whether we process your personal data and to access such data.
• Right to Delete: To request deletion of personal data we collected.
• Right to Correct: To request correction of inaccurate personal data.
• Right to Data Portability: To obtain a copy of your personal data in a portable format.
• Right to Opt-Out: To opt out of the sale of personal data, targeted advertising, and certain profiling.
• Right to Appeal: To appeal our decision if we decline to fulfill your request.

To submit a request, email support@outbites.com.

Additional Disclosures for California Residents

The California Consumer Privacy Act (as amended by the California Privacy Rights Act) requires businesses to disclose whether they sell or share personal data. As a business covered by the CCPA, we do not sell Personal Data. We may share personal data (in the form of identifiers and internet activity information) with third-party advertisers for purposes of targeting advertisements on non-Outbites websites, applications and services. In addition, we may allow third parties to collect personal data from our sites or services if those third parties are our authorized service providers who have agreed to our contractual limitations as to their retention, use, and disclosure of such personal data, or if you direct us to disclose your personal data to third parties.

California law requires that we detail the categories of personal data that we disclose for certain "business purposes," such as to third parties that assist us with providing our Services or marketing our product. We disclose the following categories of personal data for our business purposes:

• Basic account information, including your name;
• Device identifiers;
• Account information;
• Internet activity information;
• Geolocation data;
• In limited circumstances where allowed by law, information that may be protected characteristics under California or United States law, such as food allergies or sensitivities; and
• Inferences drawn from any of the above information categories.

California law grants state residents certain rights, including the rights to know and access specific types of personal data, to learn how we process personal data, to request deletion of personal data, to request correction of personal data, to opt-out of sharing your personal data for third party advertising purposes, and not to be denied goods or services for exercising these rights.

If you are a California resident under the age of 18 and have registered for an account with us, you may ask us to remove content or information that you have posted to our website(s). Please note that your request does not ensure complete or comprehensive removal of the content or information, because, for example, some of your content may have been reposted by another user.

For information on how to exercise your rights, please refer to the How to Contact Us section of this privacy policy. If you are an authorized agent wishing to exercise rights on behalf of a California resident, please contact us using the information in the How to Contact Us section above and provide us with a copy of the consumer's written authorization designating you as their agent.

We may need to verify your identity and place of residence before completing your rights request.

California Privacy Rights Reporting

Requests Submitted	Requests Fulfilled in Whole Or In Part	Average Days to Respond	Average Days to Complete a Request
Requests for access to Personal Data	0	0	n/a
Requests to delete Personal Data	0	0	n/a
Objections to processing Personal Data	0	0	n/a
Requests to correct Personal Data	0	0	n/a

These metrics will be reported annually and, where required, made available to consumers in states that mandate disclosure, including to residents of California, Colorado, Connecticut, Oregon, and Texas.

Changes to this Privacy Policy

We will post any adjustments to the Privacy Policy on this page, and the revised version will be effective when it is posted. If we materially change the ways in which we use or share personal data previously collected from you through our Services, we will attempt to notify you through our Services, by email, or other means.

How to Contact Us

Outbites is responsible for processing your personal data. If you have any questions, comments, or concerns about our processing activities, or wish to exercise any of your rights as a consumer regarding your personal data, please email us at support@outbites.com or write to us at:

Outbites LLC
Austin, TX
United States

If you wish to appeal any of our decisions regarding your exercise of your data subject rights, please email or write to us and address your request for reconsideration to our data privacy officer.