Thank you for using the Chowbus Go mobile application (the “app”), which is operated by Chowbus (“Chowbus,” “we,” “us” or “our”). This Policy applies to personal information we collect about you when you visit our Site (www.chowbus.com), use our mobile application and anywhere else we may interact with you (collectively, the “Services”). By using the Services, you expressly consent to the collection, use and sharing of your personal information as described in this Policy. If you do not agree with the privacy practices described in this Policy, you should not use the Services. This Policy is governed by and made a part of the Chowbus Technology Agreement that your restaurant has signed with us. We encourage you to review the Agreement as well as this Policy periodically and make sure that you understand the content of each. This Policy may be updated periodically and without prior notice to you to reflect changes in our privacy practices. You should review this Policy periodically so that you keep up to date on our most current policies and practices. This Policy does not cover or address our privacy practices relating to the personal information of job applicants, employees, agents and other personnel.

Restaurant may in its discretion provide Chowbus with any suggestions, comments or other feedback regarding the Chowbus System (“Feedback”). Restaurant hereby grants to Chowbus a perpetual, irrevocable right and license to freely use, disclose, reproduce, license, distribute and otherwise commercialize (through multiple tiers) any such Feedback in any current or future Chowbus products and services.

Restaurant will own all data relating to its end consumers and to the commercial transactions processed using the Chowbus Restaurant Technology System (collectively, “Restaurant Data”). Restaurants will comply with all applicable privacy laws in the course of collecting, storing and using the Restaurant Data. Subject to the foregoing, any data collected through the Chowbus Restaurant Technology System may be freely used on an aggregated and/or anonymized basis by Chowbus for its own business purposes. Restaurants may have the ability through the Chowbus System to edit or delete Restaurant Data. Restaurant acknowledges and agrees that (i) Restaurant is responsible for all consequences of any such edit or deletion and will indemnify Chowbus for any losses or costs to Chowbus that result from any such edit or deletion, (ii) such edits and deletions are intended to be permanent and it may not be possible to recover the Restaurant Data as it existed before any edit or deletion, (iii) Restaurant is responsible for any edit or change made using Restaurant’s password, account or other credentials to access the Chowbus System and will implement appropriate data, cyber and personnel security measures to prevent unauthorized edits or deletions, (iv) Restaurant will make edits or deletions of Restaurant Data only for a proper purpose and will not make any edit or deletion that violates any applicable law, regulation, court order, contract, litigation hold notice or other data preservation notice or requirement (collectively, or any of these is, a “Data Hold Violation”) and (iv) Chowbus may, in its sole discretion eliminate or suspend Restaurant’s ability to edit or delete Restaurant Data using the Chowbus System and expects to do so if Chowbus concludes that Chowbus is or may be required to do so to avoid a Data Hold Violation by Chowbus. 

To the extent Restaurant Data contains personal information as defined by the California Consumer Privacy Act (“CCPA”) and that is subject to the CCPA (“CA Personal Information”), Chowbus processes such CA Personal Information as a “Service Provider” as defined by the CCPA and this Section 7(c) shall apply to such processing. Chowbus agrees to use the CA Personal Information as necessary to provide the Chowbus System and otherwise perform its obligations hereunder. Restaurant agrees that it is only providing such CA Personal Information for the limited purposes identified in this paragraph. With regard to such CA Personal Information, Chowbus agrees to: (i) comply with the CCPA, as applicable; (ii) provide the same level of protection to such Personal Information as is required by the CCPA; and (iii) notify Restaurant if Chowbus determines it can no longer meet the obligations of the CCPA. Restaurant may take reasonable and appropriate steps to stop and remediate unauthorized use of CA Personal Information upon the receipt of such notice. Chowbus further agrees it shall not: (1) “sell” or “share”, as such terms are defined by the CCPA, CA Personal Information; (2) retain, use, or disclose CA Personal Information for any purpose outside of the business purposes identified herein or outside of the parties’ business relationship; and (3) combine the CA Personal Information with CA Personal Information received from other third parties. Restaurant agrees that it shall notify Chowbus of any requests made by Restaurant’s end consumers related to such end consumer’s CA Personal Information with sufficient information to enable a response. Chowbus agrees to comply with such requests to the extent required by the CCPA. Restaurant may take reasonable and appropriate steps to help ensure that the Personal Information is used in a manner consistent with the CCPA.[CKH1]

To the extent Restaurant Data contains personal information as defined by applicable U.S. state data privacy laws other than the CCPA (“Applicable U.S. Data Privacy Laws”), and that is subject to such Applicable U.S. Data Privacy Laws (“Personal Information”), Chowbus processes such Personal Information as a “Processor” as defined by the Applicable U.S. Data Privacy Laws and this Section 7(d) shall apply to such processing. The parties agree that the nature and purpose of the processing of such Personal Information is for Chowbus to provide the Chowbus System and otherwise perform its obligations hereunder during the term of this Agreement. With respect to such Personal Information, Chowbus agrees to: (i) ensure each person processing the Personal Information is subject to a duty of confidentiality with regard to the Personal Information; (ii) require any subcontractors processing such Personal Information to comply with Chowbus’ obligations related to such Personal Information herein; (iii) delete or return, at Restaurant’s choice, Personal Information at the termination of the Agreement, unless otherwise required by law; (iv) upon reasonable request, make available information necessary solely as necessary to demonstrate compliance with this Section 7(d), and shall reasonably allow or provide reasonable cooperation to assessments Restaurant is required to conduct under Applicable U.S. Data Privacy Laws. Taking into account the context of the processing, Chowbus agrees to implement appropriate technical and organizational measures designed to ensure a level of security appropriate to the risk related to such Personal Information. To the extent required by Applicable U.S. Data Privacy Laws, Chowbus agrees to stop processing Personal Information on request by the Restaurant made in accordance with an end consumer’s authenticated request. Further, to the extent required by Applicable U.S. Data Privacy Laws, Restaurant hereby permits the processing of Personal Information by Chowbus’ current subcontractors and Chowbus agrees to provide a reasonable opportunity for Restaurant to reasonably object to any new subcontractors engaged to process Personal Information. Notwithstanding the foregoing, to the extent Chowbus cannot resolve Restaurant’s objection to such subcontractor, after the Minimum Commitment Period, either party may terminate this Agreement.