bistroMD collects personal information from you when you provide personal data through our Website and through automated processes. Some of the information below may be collected by one or more service providers to bistroMD on its behalf. The following categories of information are collected, some or all of which may be considered personal information:
- Identifiers and other personal information such as your name, billing address, shipping address, email address, telephone number, account number, password, user ID, device ID, Internet Protocol address, and payment card information.
- Commercial information, such as records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Biological and health-related information, such as gender, height, weight, goal weight, and special dietary needs, which may reflect underlying medical conditions.
- Internet or other network activity, such as information concerning your interaction with bistroMD correspondence, the Website and their content, and the devices and browsers you use to interact with the Website or a service provider's web app or service.
- Sensory data, such as audio recordings of our telephone calls with you, and other electronic or similar information.
- 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 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 information gathered by it 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, but only 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. There also may be occasion when we are legally required to provide access to our database in order to cooperate with investigations or other legal proceedings. In those instances, the information is provided only for that purpose. While your individual information is protected as outlined above, we reserve the right to use, transfer, sell, and share aggregated, anonymous 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.
Your personal information is used for purposes of providing you with information, goods and/or services requested by you, providing for a follow up with you in connection with goods or services you request and as a part of our mailings and solicitations to prospective customers. In particular, bistroMD uses the personal information we collect for various commercial and business purposes, including to:
- create your Account;
- create a shopping cart and/or process and fulfil your orders placed with bistroMD;
- contact you, for example, if there is an issue with any orders placed through the Website;
- send you email / mobile text communications, and/or newsletters or other information you have requested;
- respond to questions or other requests;
- make available, administer, and improve the Website and the content, features and services provided by the Website, including diagnosing problems with our Website server;
- update, supplement and maintain the accuracy and completeness of our information;
- conduct market research;
- use for our internal business purposes;
- send you other notices in order to comply with applicable laws and regulations;
- to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred;
- manage your contact preferences and requests, including requests concerning how we use and share your data; and
- for other purposes disclosed at the time you provide your personal information.
Depending on the activity, some of the personal information we collect is required and some 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. Please note that all email that originates from us will either display the www.bistromd.com domain name or an affiliated domain name.
Disclosure of Personal Information.
Third party service providers may assist us with the administration of the site or otherwise perform services on our behalf, including the uses of information identified above, and we may share your personal information with such service providers under appropriate terms of confidentiality.
Information about our users and their activity on the site is a business asset of bistroMD. Therefore, information about our users, including personal information, will be disclosed as part of any merger or acquisition, creation of a separate business to provide the site, our services or fulfill products, sale or pledge of company assets as well as in the event of an insolvency, bankruptcy or receivership in which personal information would be transferred as one of the business assets of the company. We reserve the right to transfer your personal information to a third-party in the event of a corporate sale, merger, acquisition, dissolution or similar event.
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.
Unsolicited Email (SPAM).
You should be aware, however, that unscrupulous marketers can sometimes “harvest” your email address directly from your computer or another person’s address book or even obtain your email address through programs that automatically search web pages and email traffic for email addresses. bistroMD also may disclose or exchange with others information you have provided to us if we believe that the law requires us to do so or if it is necessary to protect the rights or property of bistroMD, our affiliate companies, our staff, or our users.
Information Automatically Collected.
In addition, 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. If you send us emails, from time to time we may use information about your preferences and interests to send updates to you about bistroMD, its services, listing, special offers, or information that may be of interest to you.
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.
bistroMD will use reasonable precautions to keep the information disclosed to us secure and not to disclose such information to any third parties other than our service providers. However, we are not responsible for any breach of security or for any actions of any third parties that may receive the information. Access to your personal information is limited to people who need it to do their job. For example, if we need to mail something to you, we must share your name and address with a direct mail company. We limit such third parties in their access and use of your personal information. We cannot guarantee the protection of information against interception, misappropriation, misuse, or alteration or that your information may be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. We have no control over the security of other sites on the Internet you might visit, interact with, or from which you buy products or services.
Linked Web Sites.
Changes to Information.
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 confirm your request, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you.
- 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:
- 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.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- 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, the Company will deny requests to delete information associated with past transactions or archived information on the Company Sites.
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 CustomerService@BistroMD.com.
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.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services;
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
- Provide you a different level or quality of goods or services; or
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Effective January 1, 2020