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Privacy Policy

Below you will find the Privacy Policy for Driving Thru, Inc., a California corporation doing business as Curbit (“Curbit”, “us”, “we”). Curbit provides order management software to restaurants.  This Privacy Policy describes how we handle consumer personal information that is collected by our restaurant customers (“Customers”), and directly through our mobile apps, website, SMS messages and push notifications.

• What personal information we collect from you

• How we use your information

• With whom we share your information

• How you can access your information

• Your choices with respect to the collection and use of your information

• Other websites and services

• Security

• Cookies and other technologies

• Using the Curbit mobile phone and tablet Apps

• Children under 13

• How we protect your information

• External links

• Visiting our app or website from outside the United States

• Changes to this Privacy Policy

• How you can contact us

What personal information we collect

Information provided by our Customers. We receive personal information about you when you order from one of our Customer’s restaurants. This information includes your first name, telephone number, and vehicle details (make, model and color of vehicle).  It also includes transaction details related to your order, such as the items you ordered, how much you paid, and how you want to receive your order.  Other than the personal information provided to us by our Customers, this Privacy Policy does not apply to any other handling of personal information by our Customers.  We require our Customers to post a privacy policy on any of their apps or websites that rely on our technology.

 

Information created when you use our services. If you use our mobile app, we may obtain additional information from you.  This information may include precise or approximate location as determined by your phone’s GPS, IP address and/or Wi-Fi, app usage data like which screens you viewed, and other system activity.  In some cases, we use cookies to maintain unique identifiers. For more information, please see “Cookies and other technologies” section below.  We also collect information about the devices you use to access our services, including hardware models, device IP address, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, and mobile network information.  This information is used to develop our services so that they work effectively for the greatest number of users.

How we use your information

We use information about you for the following general purposes: to provide you with the products and services you request; to provide you with order updates; to verify your identity, location, profile, usage and other information; to manage your account, including providing notifications; to communicate with you; to respond to your questions and comments; to assist you when you contact customer support; to measure interest in and improve our products, services, app, and website; to otherwise customize your experience with Curbit; to reward you as part of any reward and recognition program we may implement, and you choose to join; to solicit information from you, including through surveys; to resolve disputes, or troubleshoot problems; to prevent potentially prohibited or illegal activities; to help maintain safety and security; to enforce our Terms of Use; for research and development; and, as otherwise described to you at the point of collection.

With whom we share your information

Curbit may share your information with the following entities:

Affiliates.  Our corporate affiliates, for purposes consistent with this Privacy Policy.

Business partners.  Third parties who provide services or functions related to our business and product analytics. These third parties only have access to the limited information we provide. These third parties are not permitted to share or use the information we provide for any other purpose.

Service providers.  Companies and individuals that provide services on our behalf or help us operate our services or our business (such as hosting, information technology, customer support, email delivery, and website analytics services).

Professional advisors.  Professional advisors, such as lawyers, auditors, bankers, and insurers, where necessary in the course of the professional services that they render.

Business transferees.  Acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Curbit or our affiliates (including, in connection with a bankruptcy or similar proceedings).

Authorities and others.  We also may share your information:

  • In response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us.
  • When we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company, app or website, our customers, or others; and in connection with our Terms of Service and other agreements.

Other than as set out above, you will be notified when personal information about you will be shared with third parties, and you will have an opportunity to choose not to have us share such information.

We also may share aggregate or anonymous information with third parties, including advertisers and investors. For example, we may tell our advertisers the number of visitors our app and website receives or the most popular restaurants or retailers. This information does not contain any personal information and is used to develop content and services we hope you will find of interest.

How you can access your information

You may review your information we have by writing or sending an email to us at the email address set forth the “How you can contact us” section below.

You can access and update your contact information that you have provided directly to us by visiting our app or website’s Member Profile page. You can close your account by contacting us at the email address listed below. Please note that after you close an account, you will not be able to sign in or access any of your personal information. However, you can open a new account at any time. Please also note that we may retain certain information associated with your account, including for analytical purposes as well as for record keeping integrity.

Your choices with respect to collection and use of your information

1. California Shine the Light Law

Under California Civil Code sections 1798.83–1798.84 California residents may request the names and addresses of affiliated companies and categories of personal information we share for their direct marketing purposes. If you are a California resident and would like to make such a request, please contact as described in the How to contact us section. 

Curbit does not share personal information as defined by the California Shine the Light Law.

2. California Consumer Privacy Act of 2018

If you reside in California, you also have the right to ask us once a year if we have shared personal information with third parties for their direct marketing purposes. To make a request, please refer to the instructions below regarding how to make a request.

California Consumer Privacy Act of 2018 (“CCPA”)

Effective January 1, 2020, if you reside in California, then you have the following rights:

You have the right to opt-out of the use of your personal information for targeted or behavioral advertising which may be deemed a sale of information under the CCPA.  Please note that advertising, including targeted advertising, enables us to provide you certain content for free and allows us to provide you offers relevant to you.  If you would like to opt-out our use of information for such purposes that may be considered a “sale” under California, you may do so by emailing us at privacy@curbit.com or calling us at (805) 317-6703      .

You have the right to request deletion of your personal information.

You have the right to request us to disclose to you the following, no more than twice in a 12-month period, and, in all cases, for the preceding 12 months:

  • Categories of personal information we collected about you.
  • Categories of sources from which we collected the personal information.
  • Business or commercial purpose for collecting your personal information.
  • Categories of third parties with whom we shared the personal information.
  • Specific pieces of personal information we collected about you.
  • Categories of personal information we disclosed for a business purpose.
  • Categories of personal information we have used for targeted or behavioral advertising and categories of third parties to whom such information was provided.

We will not discriminate against you because you exercised your rights under this section of the Privacy Policy.

For purposes of exercising your rights above, please note the following regarding how we collect and use your personal information as described in this Privacy Policy.

  • We collect the following categories of personal information and disclose the same categories of personal information for a business purpose: your first name, telephone number, and vehicle details (make, model and color of vehicle).  It also includes transaction details related to your order, such as the items you ordered, how much you paid, and how you want to receive your order.
  • We use the following categories of personal information in connection with targeted or behavioral advertising: your first name, telephone number, and vehicle details (make, model and color of vehicle).  It also includes transaction details related to your order, such as the items you ordered, how much you paid, and how you want to receive your order.
  • Please note that certain information may be exempt from such requests under California law.  For example, we need certain information in order to provide products and services to you.  We also will take reasonable steps to verify your identity before responding to a request.  You are also permitted to designate an authorized agent to submit requests on your behalf.  In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney.  We may also follow up with you to verify your identity before processing the authorized agent’s request.

How to Make Requests for Deletion of Personal Information and Requests for Personal Information We Collect, Disclose or Sell

If you wish to submit a request under the California Consumer Privacy Act of 2018, please feel free to submit a verified request by one of the following means:

  • You may call us at (805) 317-6703
  • You may also contact us by email or mail at the following:

Driving Thru, Inc.
Re:  Privacy Compliance Officer
PO Box 8490

Calabasas, CA  91372

privacy@curbit.com

Other websites and services

Our services may contain links to websites and other services operated by third parties.  In addition, our content may be integrated into web pages or other online services that are not associated with us.  These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party.  We do not control websites or online services operated by third parties, and we are not responsible for their actions. This Privacy Policy does not cover any information that you disclose to such websites or that they may collect. We encourage you to be aware and to read the privacy statements of each and every website that collects personally identifiable information. The privacy policies of these other sites may be significantly different from this Privacy Policy. We are not responsible for the privacy practices of these other websites and cannot guarantee the security of any of your personal information collected there.

Security

The security of your personal information is important to us.  When you provide sensitive information, we encrypt that information in-flight using secure socket layer technology (SSL).  We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.  However, no method of transmission over the Internet, or method of electronic storage, is 100% secure.  Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee the absolute security of such information.  If you have any questions about security on our Site, please contact us as indicated in the “How you can contact us” section below.

Cookies and other technologies

Cookies are small data text files and can be stored on your computer’s hard drive (if your Web browser permits). Our website uses cookies for the following general purposes:

  • To help us recognize your browser as a previous visitor and save and remember any preferences that may have been set while your browser was visiting our website. For example, if you register on our website, we may use cookies to remember your registration information, so you do not need to log in each time you visit. We also may record your password in a cookie, if you checked the box entitled “Sign me in automatically next time.” Please note that member IDs, passwords, and any other account-related data included in such cookies are encrypted for security purposes. Unless you register with us, these cookies will not contain any personal information.
  • To help measure and research the effectiveness of website features. The Help portion of the toolbar 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. Please note that if you refuse to accept cookies from our app or website, you will not be able to access portions of our app or website or access the services offered by Curbit.

In addition to the above cookies, we use Local Shared Objects, also referred to as “flash cookies,” on our website. These are used to enhance your user experience, for example, by storing your user preferences and settings, such as your volume/mute settings, and in connection with animated content on our app or website. Local Shared Objects are similar to browser cookies but can store data more complex than simple text. By themselves, they cannot do anything to or with the data on your computer or handheld device. Like other cookies, they can only access personally identifiable information that you have provided to Curbit and cannot be accessed by other websites or apps.

Curbit may also use Web beacons (also known as clear gifs, pixel tags or Web bugs), which are tiny graphics with a unique identifier, similar in function to cookies, that are placed in the code of a Web page. We use Web beacons to monitor the traffic patterns of users from one page within our website to another, to deliver or communicate with cookies, to understand whether you have come to our website from an online advertisement displayed on a third-party website, and to improve website performance.

If you have any questions about our use of cookies or other technologies, please email us at the address listed below.

Using the Curbit mobile phone and tablet Apps (the “Mobile App”)

When you use the Curbit App, we collect and use information about you in the same way and for the same purposes as we do when you use our website.

In addition to this, we also use some other information that we collect automatically when you use our Mobile App. Specifically:

  • We collect information about Mobile App functionality that you access and use. This allows us to identify those areas of the Mobile App that are of interest to our customers so that we can refine and continuously improve the Mobile App. The information we collect for this purpose does not enable us to directly identify you.
  • The Mobile App also sends us the device’s unique device identifier (or “UID”), a sequence of numbers or characters that are unique to your mobile device. We use this only on the first opening of the Mobile App so that we can confirm to our advertising networks the number of downloads resulting from clicks on their respective ad banners and other marketing tools.
  • When you use a Mobile App, you will be asked to allow access to your current location – provided by your mobile device using GPS or similar technologies – in order to identify your location for our services.  This location data may be collected anonymously as part of search requests logged by our servers. You can switch off the Mobile App’s access to your location at any time through your phone settings menu, but you will not be able to receive the services provided by Curbit.
  • Each Mobile App will also send us error-reporting information in the event that it crashes or hangs. This enables us to investigate the error and to improve the stability of the Mobile App for future releases. As part of these error reports, the Mobile App sends us information about the mobile device type and version, the UID, the time the error occurred, the feature being used and the state of the application when the error occurred. We do not use this information for any purpose other than investigating and remedying the error.

You always have the ability to control what information a Mobile App sends to us. You can exercise this control either by changing the settings of the Mobile App under its setting menu or changing the settings of your mobile device.  Alternatively, you can remove the Mobile App from your mobile device entirely, but you will not be able to receive the services provided by Curbit.

Children under 13

We do not knowingly collect personal information from children under 13.  If you are a parent or guardian and you are aware that any of your children has provided us with personal information without your consent, please contact us and we will take steps to remove that information.

How we protect your information

We want you to feel confident about using our app and website to receive the services provided by Curbit, and we are committed to protecting the information we collect. While no app or website can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. For example, only authorized employees are permitted to access personal information, and they may only do so for permitted business functions. In addition, we use encryption when transmitting your sensitive personal information between your system and ours, and we employ firewalls and intrusion detection systems to help prevent unauthorized persons from gaining access to your information.

External links

If any part of this app or website links you to other apps or websites, those sites do not operate under this Privacy Policy. We recommend you examine the privacy statements posted on those other sites to understand their procedures for collecting, using, and disclosing personal information.

Visiting our app or website from outside the United States

If you are visiting our app or website from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to ensure that your privacy is protected. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Policy.

Changes to this Privacy Policy

We may update this Privacy Policy in the future. We will notify you about material changes to this Privacy Policy by sending a notice to the email address you provided to us or by placing a prominent notice on our app and website.

How you can contact us

If you have questions about either this Privacy Policy, please contact us by one of the following means:

  • You may call us at (805) 317-6703
  • You may also contact us by email or mail at the following:

Driving Thru, Inc.
Re:  Privacy Compliance Officer

PO Box 8490

Calabasas, CA  91372

privacy@curbit.com