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BISTROMD® Privacy Policy

Effective Date: April 1, 2021

BistroMD, LLC (“bistroMD”) respects the privacy of every individual and is committed to protecting your privacy. This Privacy Policy applies to Personal Information (as defined below) obtained through your use of www.bistromd.com and any other website, or digital service on or to which this Privacy Policy is linked or referenced (together, the “Website. This Privacy Policy also applies to our data collection practices conducted offline. Please review this Policy carefully.

In addition, this Privacy Policy is incorporated into and made part of our Terms and Conditions of Use. Please read this Privacy Policy and our Terms and conditions of Use carefully. When you submit or provide Personal Information to us, you consent to the collection, use and disclosure of your Personal Information as described in this Privacy Policy.

IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY POLICY OR OUR TERMS AND CONDITIONS OF USE, PLEASE DO NOT USE OUR WEBSITE AND ONLINE SERVICES AND DO NOT PROVIDE US WITH YOUR PERSONAL INFORMATION.

Changes to this Privacy Policy

The Effective Date of this Privacy Policy is set forth at the top of this webpage. As business needs change, we will review our practices regarding the collection and use of your Personal Information and we may amend this Privacy Policy as appropriate. The amended Privacy Policy supersedes all previous versions. Your continued use of the Services after the Effective Date constitutes your acceptance of the amended Privacy Policy.

Information Collected

In this Privacy Policy, “Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, with an individual (e.g., you) or household. Personal Information does not include aggregated information to the extent that an individual’s identity cannot reasonably be derived from it.

The Personal Information we collect about you depends on your interactions and engagement with us. We may collect the following types of Personal Information:

  1. Direct identifiers and other Personal Information such as your name, billing address, shipping address, email address, telephone number, and payment card information.
  2. Commercial information, such as records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  3. Biological and dietary information, such as gender, height, weight, goal weight, and special dietary needs.
  4. Internet Usage Information such as records of your use of the Website, electronic correspondence, or other online services. This may include your online identifiers, account names and passwords, IP address, details of your device, operating system and browser, and other information as described in this Privacy Policy.
  5. Sensory data, such as audio recordings of our telephone calls with you, and other electronic or similar information.
  6. Inferences drawn from other Personal Information, such as a profile reflecting your preferences in meals and delivery methods, and any of your preferences that you share with us.

The Website generally collects personally identifying information with your specific knowledge and consent. For instance, when you complete a survey, make a purchase, subscribe to our publication(s), or register for any portion of our services, you are asked to provide information such as your email address, name or phone number. Optional information such as your height, weight or gender may also be requested. bistroMD does not sell the email addresses of its customers.

bistroMD may collect and store additional website usage information such as where, what and when you are searching. Information about your use of bistroMD products and services may be aggregated or otherwise de-identified for business and marketing uses by us or by third parties. bistroMD reserves the right to use such information for any and all purposes.

Third Party Access

We allow access to our database by third parties that provide us with services, such as technical maintenance and search software, for the purpose of and to the extent necessary to provide those services. If you choose to purchase items through features on our Website, we may forward your information to third parties for services such as credit card processing and order fulfillment. We may also be legally required to provide access to our database to regulatory or other legal authorities pursuant to investigations or other legal proceedings. While your individual information is protected as outlined above, we reserve the right to use, transfer, sell, and share aggregated, de-identified data about our users as a group for any business purpose, such as analyzing usage trends and seeking compatible advertisers and partners.

Use of Information

  1. We may use Personal Information for the purposes described at the time of its collection or as described in this Privacy Policy. For example, we may use your Personal Information: create your Account;
  2. create a shopping cart and/or process and fulfill your orders placed with bistroMD;
  3. contact you, for example, if there is an issue with any orders placed through the Website;
  4. send you email / mobile text communications, and/or newsletters or other information you have requested;
  5. send updates to you about bistroMD, its services, listing, special offers, or information that may be of interest to you.
  6. respond to questions or other requests;
  7. contact you with respect to your use of the Website or changes to this Privacy Policy or other bistroMD policies;
  8. make available, administer, and improve the Website and the content, features and services provided by the Website, including diagnosing problems with our Website server;
  9. manage your contact preferences and requests, including requests concerning how we use and share your data;
  10. update, supplement and maintain the accuracy and completeness of our information;
  11. conduct market research;
  12. use for our internal business purposes;
  13. send you notices in order to comply with applicable laws and regulations; and
  14. to evaluate or conduct a corporate transaction;
  15. To protect against fraudulent or illegal activity.

Certain activities require the collection of Personal Information, while other information is provided by you voluntarily. If you do not provide the required information for a particular activity, you may not be permitted to engage in that activity.

Disclosure of Personal Information

We may disclose Personal Information for the following reasons and to the following categories of third parties:

  1. With your consent. We may disclose your Personal Information to any party for whom your consent has been provided.
  2. Affiliated Entities. Within our corporate family for the purposes described in this Privacy Policy and as required by law.
  3. To our vendors. We may disclose your Personal Information to third-party vendors that support our operations such as internet service providers, data analytics providers, external consultants, advertising networks, operating systems and platforms, and vendors that facilitate payment.
  4. In relation to a corporate transaction. We may disclose and transfer your Personal Information if we are involved in a merger, sale, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or other change of ownership or control (whether in whole or in part), including negotiation and diligence of such transaction.
  5. As we believe to be necessary and appropriate. We may also disclose your Personal Information: (i) as permitted by law; (ii) if we determine that the disclosure of specific information is necessary to comply with the request of a law enforcement or regulatory agency or other legal process; (iii) to protect the legitimate rights, privacy, property, interests or safety of our company or our affiliated entities, customers, business partners, employees or the general public; (iv) to pursue available remedies or limit damages; (v) to enforce our Terms and Conditions of Use; and (vi) to respond to an emergency

Opt-In SMS Text Messages

You may choose to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more. These messages may use information automatically collected based on your actions while on our Website such as meals you viewed, shopping cart reminders, and other messages specific to your use of the Website. To the extent you voluntarily opt to have SMS notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages.

Opt-out Marketing Emails

If you do not wish to receive marketing-related emails from bistroMD, please click the unsubscribe link at the bottom of a marketing email, or email us at CustomerService@BistroMD.com.

Cookies and Other Data Collection Technology

We automatically receive and collect certain types of information whenever you visit our Website. For example, like many websites, we use “cookies” and web beacons to obtain certain types of information when your web browser accesses our Website. We use this information to monitor the usage and performance of our Website, to enhance our customers’ search and shopping experiences and to determine aggregate information about our user base and usage patterns. We also use your IP address to help diagnose problems with our server, to administer our Website, and to communicate with you after you have sent us emails.

Cookies and web trackers: Regular cookies generally may be disabled or removed using tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. The choices available, and the mechanism used, will vary from browser to browser. Some web browsers (including some mobile web browsers) provide settings that allow you to control or reject cookies or alert you when a cookie is placed on your computer or device. You may also be able to reject mobile device identifiers by adjusting the appropriate setting on your mobile device. Such browser settings are typically found in the “options,” “tools” or “preferences” menu of your browser. You may also consult your browser’s “help” menu. For more information, please visit www.allaboutcookies.org.

Please note that tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies or other tracking technologies. For information on disabling Flash cookies, visit https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html. Please be aware that if you disable or remove these technologies, some parts of our Website may not work and when you revisit our Website your ability to limit browser-based tracking technologies is subject to your browser settings and limitations.

Although you are not required to accept cookies or mobile device identifiers, if you block or reject them, you may not have access to all features available through the Services.

[Additionally, we use analytics services, such as Google Analytics and Google Tag Manager, which use Data Collection Technology to analyze your use of the Website. For more information on Google’s privacy practices for Google Analytics, please visit https://support.google.com/analytics/answer/6004245. You may prevent Google Analytics from recognizing you on our Website by deleting or disabling the relevant cookies.

Disable Google Analytics: You may exercise choices regarding the use of cookies from Google Analytics by visiting https://tools.google.com/dlpage/gaoptout

Do Not Track

bistroMD does not track its Website users over time and across third party websites in order to provide targeted advertising. bistroMD therefore does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor information that is presented to you. If you are visiting third party sites, you should become familiar with the site’s tracking policies. bistroMD makes no representations and accepts no responsibility for the tracking activities of any third party.

Security

bistroMD takes reasonable precautions intended to help protect the Personal Information that we collect and store; however, no system or online transmission of data is completely secure. We cannot guarantee the security of information transmitted to or through the Website. Any transmission is at your own risk. Please use security measures to protect your Personal Information.

Linked Web Sites

Our Website includes links to other websites operated and maintained by separate companies. We have no responsibility for linked websites and provide these links solely for the convenience and information of our visitors. Those websites may have different privacy policies. If you click through to another website, you should check the privacy policy of that website, which will usually (but not always) be posted on the website. bistroMD is not responsible for the privacy policies of other sites.

Children

This Website is not directed to or intended for use by minors. Consistent with the requirements of the US Children’s Online Privacy Protection Act, if we learn that we have received information directly from a child under age 13 without his or her parent’s or legal guardian’s verified consent, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Website. Subsequently, we will make commercially reasonable efforts to delete such information.

Changes to Information

We need your help in making sure your Personal Information is correct in our systems. Please notify us of changes to your name, address, title, phone number or email address. You may correct your Personal Information or select the option not to receive future contacts from bistroMD (for example, mailings, calls, etc.) by emailing us at the address below. In the event you elect not to receive any future contacts from bistroMD, we will endeavor to remove your name from all of our contact lists. We shall have no liability under this Privacy Policy for our failure to accomplish this objective.

CALIFORNIA PRIVACY RIGHTS

If you are a California resident, California Civil Code Section 1798.83 permits you to request information with respect to the disclosure of your Personal Information by us to third parties for such third parties’ direct marketing purposes. We are only required to respond to a particular customer’s request for such information once during a calendar year. To make such a request, please send us an email at CustomerService@BistroMD.com.

Rights and Choices for California Residents

The California Consumer Privacy Act (“CCPA”) provides California residents with specific rights regarding their Personal Information. This section describes California residents’ CCPA rights and explains how to exercise those rights. If you are a resident of a state other than California, we may respond to requests in ways that differ from responses that are required only under California law.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and verify your request, we will disclose to you:

  1. The categories of Personal Information we collected about you.
  2. The categories of sources for the Personal Information we collected about you.
  3. Our business or commercial purpose for collecting or selling that Personal Information.
  4. The categories of third parties with whom we share that Personal Information.
  5. The specific pieces of Personal Information we collected about you.
  6. For your Personal Information we sold or disclosed for a business purpose, two separate lists disclosing: (1) for sales, a list identifying the Personal Information categories; and (2) for disclosures for a business purpose, a list identifying the Personal Information categories.

Deletion Request Rights

You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  6. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  7. Comply with a legal obligation.
  8. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Please note that because we archive and keep track of past transactions, bistroMD will deny requests to delete information associated with these past transactions.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to mailto:CustomerService@BistroMD.com or call 866-401-3438.

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. Our processes for verifying requests include matching identifying information that we already have on record to provide services to the customers.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Right to Opt-out

You have the right to opt-out of us selling your Personal Information. We do not currently sell Personal Information to third parties, and as such you are already opted-out without any further action required of you.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  1. Deny you goods or services;
  2. Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
  3. Provide you a different level or quality of goods or services; or
  4. Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Notice to International Visitors

The Website is controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than the United States. Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers. Your use of the Website may involve the collection, processing, and transfer of information to or from countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.

If you have other concerns or questions about any aspect of this Privacy Policy, you may email us at CustomerService@BistroMD.com.

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