PRIVACY POLICY OF CHEFDAZZER LLC

 Last Revised on February 2, 2018

IMPORTANT: THIS PRIVACY POLICY (HEREINAFTER “POLICY”) CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) (“USER”, "YOU" OR "YOUR”) AND CHEFDAZZER LLC (HEREINAFTER “CHEFDAZZER,” “WE”, “US” OR “OUR”) THAT HOW WE USE INFORMATION YOU PROVIDE TO US OR THAT WE COLLECT FROM WWW.CHEFDAZZER.COM AND ANY OTHER WEBSITE OWNED AND OPERATED BY CHEFDAZZER (THE “WEBSITE(S)” OR “SITE(S)”) AND ANY CHEFDAZZER SOFTWARE, INCLUDING ANY CHEFDAZZER MOBILE APPLICATIONS (THE “APPLICATIONS” OR “APP(S)”) OR OTHER SERVICES OFFERED BY CHEFDAZZER, ITS SUBSIDIARIES AND/OR AFFILIATES, FROM TIME TO TIME (COLLECTIVELY, THE WEBSITE(S), APP(S) AND OUR SERVICES ARE REFERRED TO AS “PLATFORM”). PLEASE ALSO NOTE: THIS POLICY CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS AS DETAILED BELOW.  PLEASE READ THIS POLICY CAREFULLY AND FULLY.

Acceptance of Policy

By using the Platform, you agree to be bound by this Policy. If you do not agree to this Policy, then you may not access or use the Platform.  

Changes to Policy

ChefDazzer reserves the right, in its sole discretion, to modify this Policy, and any other documents incorporated by reference herein, at any time and without prior notice. Any changes to this Policy will be effective immediately upon posting and will be indicated by a change to the “Last Revised” date at the top of this Policy. Please note that your continued use of the Platform after such changes will constitute acceptance and agreement to such changes. Please review this Policy each time to determine if this Policy has changed.

Consent

You affirm that you are at least 18 years of age and are fully able and competent to enter into, and accept the terms and conditions of this Policy. If you are accessing and using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to the terms and conditions of this Policy. In that situation, "you". "your", “Customer Member” and/or “Customer Members” will refer to both you and that entity.

This Policy governs the manner in which ChefDazzer, LLC (“ChefDazzer”, “we”, “us” or “our”), owner of the website www.ChefDazzer.com  (the “Site”) and the mobile application ChefDazzer (the “Application” or “App”), (collectively the “Platform”) collects, uses, maintains and discloses information collected from visitors and users (each a “User,” “you” or “your”) of the Platform and its related features, applications, products and services (collectively, the “Services”).  We care about your trust and confidence, and therefore make it a priority to ensure that your information is secure and confidential.  Please read this Policy to learn about how we collect, use, and share User information whenever you access our Platform or use our Services.  By using our Services, you consent to the data collection and use practices described herein.  You also acknowledge that any dispute you may have over privacy is subject to this Policy and our Terms of Use, which is incorporated by reference into this Policy.

This Policy does not apply to any website, product or service of any third-party contractor or company, even if such website, product or service links to (or from) the Services.  ChefDazzer does not operate those third-party sites or application links.  Please review the privacy practices of those websites or services before deciding whether to provide any of your information to them.

Personally Identifiable Information.  We may collect personal information that you voluntarily provide to us (collectively “Personally Identifiable Information”).  Personally Identifiable Information is captured when a User willingly discloses such information to us in a variety of ways including, but not limited to, creating a profile, placing a Service Request, filling out a form, responding to a survey, subscribing to a newsletter, or in connection with other activities, services, features or resources we may make available on our Platform or through our Services.

Personally Identifiable Information includes, but is not limited to: (i) Contact Data (such as name, address, city, state, zip code, phone number, and email address); (ii) Financial Data (such as credit card number, expiration date, and verification code); (iii) Demographic Data (such as your zip code and gender); and (iv) (in certain limited circumstances, related to independent service providers, social security numbers, employment experience, photographs (optional) and other personal information.  This Personally Identifiable Information is necessary to generate the products and offerings we offer on the Services.  

Users may visit our Platform without providing Personally Identifiable Information.  However, refusal to supply Personally Identifiable Information may prevent users from obtaining certain Services or accessing certain offerings on the Platform.  

Use of Personal Information.  ChefDazzer, sometimes with third party assistance, may use your Personally Identifiable Information to verify your identity, process your orders and payments through merchant account services, transmit a Service Request to a Chef, and/or to analyze our User demographics to better serve our users.  Your Contact Data may be used to follow up with you on transactions initiated through the Platform, respond to inquiries, inform you of changes to the Platform or Services, and/or to send you additional information about ChefDazzer and/or ChefDazzer.com and related products or services.  Unless specifically authorized by you, we do not provide Personally Identifiable Information to third parties, except as necessary to provide you with our Services.  We may, however, be required to disclose information to third parties if we receive a subpoena or to otherwise comply with applicable law.

Please Note: Although you may submit credit card or other payment information to ChefDazzer as limited payment collection agent for the services of an independent contracting Chef, ChefDazzer does not collect or store that information. All credit card transactions, including the capture and storage of credit card information, are handled by our third-party merchant processing vendor Stripe and are subject to Stripe’s policies.

Automatically Collected Information.  We reserve the right to automatically track, monitor, and record traffic data on the Services. This information is general and non-personal.  As such, individual users are not readily identifiable to us through the capture of such information.  Such information is used to improve the functions of the Services, improve user experience, and for targeted advertising.  Such automatically collected information includes:  the date, time, and length of Services access; device information, including the hardware model, operating system and version, unique device identifiers and network information; your activities within the Services; language information; internet domain and host names; internet protocol (IP) addresses; and clickstream patterns.

How We Automatically Collect Information.  We may automatically track, monitor, and record non-personal traffic data through the use of cookies and other tracking technologies.  

  • Cookies are small data text files that websites and applications use to recognize repeat users in order to facilitate users’ access to websites or applications and to track usage behavior and compile usage information that allows for the improvement of content and targeted advertising.  Most browsers allow you to control whether or not to accept cookies from individual sites.  Please note, however, that some features of the Services may not work properly if cookies are blocked.  You may also get cookies from our advertisers or other third parties, as is standard practice in the internet industry.  We have no control over these cookies.

  • Other Technologies may also be employed to record non-personal information.  We may use “tracer tags”, which may also be referred to as “Clear GIFS”, “Pixels”, or “Web Beacons.”  Tracer tags are embedded in the code of a web page and are used to monitor the traffic patterns of users from one area within the Services to another, to deliver or communicate with cookies, and/or to understand if users came to the Services from an online advertisement from a third party site.  We may link the information we record using cookies or tracking technology to information we have stored.

Use of Automatically Collected Information.  In general, we use the information we collect to improve and expand our services and to provide customer service and technical support.  We may also use collected information for the following general purposes:  to provide you with requested Services; to manage your account; to provide you with notifications and updates; to optimize third party offers or products and/or services; to monitor interest and improve our products; to respond to user questions and comments; to help customize your experience; to solicit information from you; to resolve disputes; and to enforce our Terms of Use.

How We Share Automatically Collected Information.  The following explains who we may share non-Personally Identifiable Information with:

  • Third Party Vendors. Those who provide services on our behalf, including business analytics, marketing, customer service, merchant processing providers, and internet security, to collect information on our behalf as necessary to operate features of the Services or promote advertising specific to your interests;

  • Advertisers. We may share Automatically Collected Information with advertisers who may collect the same type of data that we collect and for the same purposes.  These third parties may be able to associate information they collect with information that they have about you from sources outside of the Services.  These advertisers may employ cookies or other types of tracking technology that we do not have control over, but you may be able to opt-out of some of their practices by visiting internet-based advertising opt-out organizations like the Network Advertising Initiative and Digital Advertising Alliance;

  • Legal Authorities.  We may share your information, including Personally Identifiable Information, in response to subpoenas, court orders, or other legal process; to exercise our legal rights; to defend against legal claims; or as required by applicable law;

  • Illegal Activity.   When we reasonably believe it is appropriate to take action regarding suspected illegal acts, suspected fraud or other wrongdoing; to defend and protect the rights, property, or safety of our company, our Platform, the Services, our users, and/or in connection with our Terms of Use or other agreements, we may share your information to reasonably assist in the termination of such activities; and

  • Business Transfers. We may also share your information in connection with a corporate transaction including, asset sale, merger, consolidation, divestiture, or bankruptcy.

Other than what is set out above, we will not share your Personally Identifiable Information with third parties unless we notify you first.  You will have an opportunity to choose to opt-out of such information disclosures.   

Opting Out.  You may choose not to provide us with any Personally Identifiable Information or you may turn off cookies in your web browser by changing your browser settings.  If you make these decisions, you may visit the Platform and browse the generally available content, but we cannot transmit Service Requests without this information.  

How We Protect Your Information.  We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data captured through your use of the Services.

Sensitive data, such as Financial Data and Personally Identifiable Information you exchange with the Services occurs over secure sockets layer (SSL) communication channels and is encrypted and protected with digital signatures.  Your information may be transferred to, and maintained on, computers located outside the jurisdiction in which you reside.  Please be aware that the privacy laws where your information is transferred may offer more or less protection than the laws where you live.  By voluntarily submitting information to us, you consent to have your information transferred to, processed, and stored in the United States, irrespective of what geographic region you are located in.  

Children’s Policy

We do not intend for the Services to be used by individuals under the age of 18.  If you are under the age of 18 you may use the Services only if you are an emancipated minor or possess legal parental or guardian consent and are fully able and competent to enter into the Terms of Use and this Policy.  

Third Party Links

The Services may contain links that take you to other sites not controlled or operated by us.  Such outside websites do not operate under this Privacy Policy.  We encourage you to examine the privacy statements posted on those sites in order to inform yourself of their various procedures for collecting, using, and disclosing your information.

Governing Law

By using the Services, you accept that any dispute over privacy is subject to this Privacy Policy and our Terms of Use.  This Policy and the privacy practices of ChefDazzer are subject exclusively to the laws of the Commonwealth of Massachusetts, without regard to any conflict of law principles.  We make no representation that this Privacy Policy and such practices comply with the laws of any country outside the United States.

Dispute Resolution

If you have any concerns about privacy issues, please contact us as directed in this Policy.  If, however, your claim, arising out of or relating to this Policy, has not been handled within forty-five (45) days of our receipt of notification from you, you may seek resolution by binding arbitration subject to the Arbitration provision below.

ARBITRATION.  PLEASE READ THIS SECTION CAREFULLY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING.  IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY.

BY USING AND/OR CONTINUING TO USE THE PLATFORM AND/OR PROVIDING ANY INFORMATION TO US, YOU AGREE THAT ANY DISPUTE, CLAIM OR DISAGREEMENT BETWEEN YOU AND US ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THIS AGREEMENT INCLUDING BUT NOT LIMITED TO THE INTERPRETATION OR CONSTRUCTION OF THIS AGREEMENT AND/OR YOUR USE OF THE PLATFORM (A “DISPUTE”) WILL BE RESOLVED EXCLUSIVELY BY ARBITRATION. THE ARBITRATION, INCLUDING THE SELECTING OF THE ARBITRATOR, WILL BE ADMINISTERED BY THE ALTERNATIVE DISPUTE RESOLUTION PROVIDER AMERICAN ARBITRATION ASSOCIATION (“AAA”), UNDER ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "RULES”) BY A SINGLE NEUTRAL ARBITRATOR AGREED ON BY THE PARTIES WITHIN THIRTY (30) DAYS OF THE COMMENCEMENT OF THE ARBITRATION.

THE ARBITRATION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (TITLE 9 OF THE U.S. CODE).  EITHER PARTY MAY INITIATE THE ARBITRATION PROCESS BY FILING THE NECESSARY FORMS WITH AAA. TO LEARN MORE ABOUT ARBITRATION, YOU CAN CALL ANY AAA OFFICE OR REVIEW THE MATERIALS AT WWW.ADR.ORG. THE ARBITRATION SHALL BE HELD IN BOSTON, SUFFOLK COUNTY, MASSACHUSETTS. THE PARTIES WILL EXCHANGE NON-PRIVILEGED INFORMATION RELEVANT TO THE DISPUTE BEING ARBITRATED.  YOU MAY BE REPRESENTED BY LEGAL COUNSEL OF YOUR CHOICE IN CONNECTION WITH THE ARBITRATION, AT YOUR COST.

THE PARTY THAT INITIATES THE ARBITRATION WILL BE REQUIRED TO PAY THE FILING FEE. EACH PARTY SHALL BE RESPONSIBLE FOR ONE-HALF OF THE ARBITRATION FEES. EACH PARTY WILL BE RESPONSIBLE FOR THEIR RESPECTIVE ATTORNEY'S FEES AND COSTS. THE PREVAILING PARTY IN ANY ARBITRATION BROUGHT PURSUANT TO THIS POLICY SHALL NOT BE ENTITLED TO RECOVER ITS ATTORNEYS’ FEES AND COSTS FROM THE NON-PREVAILING PARTY.

DISPUTES MUST BE BROUGHT IN THE NAME OF AN INDIVIDUAL PERSON OR ENTITY AND MUST PROCEED ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.  THE ARBITRATOR WILL NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY. IF EITHER PARTY ARBITRATES A DISPUTE, NEITHER PARTY, NOR ANY OTHER PERSON, MAY PURSUE THE DISPUTE IN ARBITRATION AS A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION, NOR MAY ANY SUCH DISPUTE BE PURSUED ON BEHALF OF EITHER PARTY IN ANY LITIGATION IN ANY COURT. CLAIMS REGARDING ANY DISPUTE AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS. THIS MEANS THAT THE ARBITRATION MAY NOT ADDRESS DISPUTES INVOLVING OTHER PERSONS WITH DISPUTES SIMILAR TO THE DISPUTES BETWEEN YOU AND US.

THE ARBITRATOR SHALL HAVE THE AUTHORITY TO AWARD ANY LEGAL OR EQUITABLE REMEDY OR RELIEF THAT A COURT COULD ORDER OR GRANT UNDER THIS AGREEMENT IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS AND SUBJECT TO THIS AGREEMENT. THE ARBITRATOR, HOWEVER, IS NOT AUTHORIZED TO CHANGE OR ALTER THE TERMS OF THIS AGREEMENT OR TO MAKE ANY AWARD THAT WOULD EXTEND TO ANY TRANSACTION OTHER THAN THAT CONTEMPLATED BY THIS AGREEMENT. ALL STATUTES OF LIMITATIONS THAT ARE APPLICABLE TO ANY DISPUTE SHALL APPLY TO ANY ARBITRATION BETWEEN THE PARTIES HERETO. THE ARBITRATOR WILL ISSUE A DECISION OR AWARD IN WRITING, BRIEFLY STATING THE ESSENTIAL FINDINGS OF FACT AND CONCLUSIONS OF LAW.

BECAUSE THE PARTIES HERETO HAVE AGREED TO ARBITRATE ALL DISPUTES NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT DISPUTE IN COURT, OR TO HAVE A JURY TRIAL ON THAT DISPUTE, OR ENGAGE IN DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES OF THE ARBITRATOR.   FURTHER, YOU, AND YOUR AGENTS AND REPRESENTATIVES, WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS PERTAINING TO ANY DISPUTE. THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING ON THE PARTIES AND MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION, EXCEPT TO THE EXTENT IT IS SUBJECT TO REVIEW IN ACCORDANCE WITH APPLICABLE LAW GOVERNING ARBITRATION AWARDS. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

Changes to this Policy

We reserve the right to occasionally update this Privacy Policy in the future.  At such time, we will also revise the “last revised” date found at the top of this Policy.  We encourage you to periodically review this Privacy Policy.  You acknowledge and agree that it is your sole responsibility to review this Policy periodically for modifications.  

How to Contact Us

Should you have questions, comments or disputes regarding this Policy, please contact us by mail or email at the following:

EMAIL:

Privacy@ChefDazzer.com   

MAIL:

CHEFDAZZER LLC

198 Tremont St Suite 273

Boston, MA 02116