Privacy Policy

Snap Kitchen respects your privacy and is committed to protecting it through our compliance with this policy. As used in this Privacy policy, "Snap Kitchen,” "we" and "us" refers to Snap Kitchen Investments, LLC and each of its subsidiaries and affiliates.

This policy describes the types of information we may collect from you or that you may provide when you visit the website located at snapkitchen.com, any of our social media sites, Snap Kitchen's iOS app, Android app or web app, or any other online site hosted or managed by us (collectively, the "Site") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect on this Site and in email, text, and other electronic messages between you and this Site. It does not apply to information collected by us offline or through any other means, including on any website operated by any third party or by any third party that may link to or be accessible from or on the Site.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use the Site. By accessing or using the Site, you agree to the terms of this privacy policy. We may update this privacy policy from time to time. The updated version will be indicated by an updated “Last updated” date below and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information. Your continued use of the Site after we make changes is deemed to be acceptance of those changes.

1. Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:

• Publicly available information from government records;

• Deidentified or aggregated consumer information;

• Information excluded from the scope of the California Consumer Privacy Act of 2018 (“CCPA”), like:

  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and

  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

In particular, we have collected the following categories of personal information from our consumers within the last twelve (12) months:

This personal information is required to provide our products and services to you. If you do not provide personal information we ask for, it may delay or prevent us from providing our products and services to you.

We collect this information:

• Automatically as you navigate through the Site, which information may include usage details, IP addresses, and other information collected through cookies, web beacons, and other tracking technologies described in the Section titled “Information We Collect Through Automatic Data Collection Technologies” below;

• When you purchase, order, return, exchange or request information about our products and services while using the Site;

• When you participate in interactive features on the Site;

• When you sign up for our e-mails, mobile messages, or social media notifications as described in the section titled “Information We Collect Through Social Media” below;

• When you enter a contest or sweepstakes, respond to one of our surveys, or participate in a focus group as described in more detail under the section titled “Information We Collect Through Surveys and Polls” below;

• when you provide us with comments, suggestions, or other input; and

• Directly from you when you otherwise provide it to us.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to the Site, such as traffic data, location data, logs, and other communication data and the resources that you access and use on the Site; and

• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (e.g., behavioral tracking).

The information we collect automatically is only statistical data. It helps us to improve the Site and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns;

• Store information about your preferences;

• Speed up your searches; and

• Recognize you when you return to the Site.

Information We Collect Through Registration

We distribute an electronic newsletter, personalized content, notifications and recommendations and may launch additional products in the future. When you subscribe to our service, you will be asked for certain information - such as name, email, phone number, address, zip code, dietary restrictions and other information - so that we can customize our products to suit your needs. The more of this information you choose to share with us, the better we can tailor information specifically for you.

Information We Collect Through Social Media

To enable our push notification and other mobile communication services, we may collect and store device IDs to identify each unique mobile device that registers for our service, including for example, device tokens from iOS devices, Live IDs from Windows devices, and other similar identifications from devices running on other platforms. These IDs cannot be tracked back to you, but are tied to a specific device which may only be used by one person. We may collect information including location-related information, internet protocol addresses, mobile device models, carrier information, the operating system of your mobile devices and other non-personally identifiable information.

Information We Collect Through Surveys and Polls

From time to time, users of our Site may be asked to participate in voluntary surveys and polls. As a part of this process you may be asked to supply personal information such as demographic information and lifestyle preferences. These surveys will be strictly voluntary and you can choose whether or not to disclose this information.

Information You Provide to Us

If you contact us on or through the Site, the information we collect may include personal information such as name, e-mail address, mailing address, telephone number, birth date, dietary restrictions, and any other information you provide to us, including records and copies of your correspondence.

2. How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

• Fulfill and manage purchases, orders, payments, returns, exchanges and requests for information;

• Deliver coupons, mobile coupons, newsletters, in-store messages, emails and mobile messages including, for example, by push notification, SMS or other mobile communications;

• Send marketing communications and other information regarding products, services and promotions;

• Improve the effectiveness of the Site, website, stores, mobile experience and marketing efforts;

• Conduct research and analysis, including focus groups and surveys;

• Administer sweepstakes and contests;

• Prevent fraudulent transactions and monitor against theft;

• Assist law enforcement and respond to subpoenas; and

• For any other purpose with your consent.

In addition, we use the User-ID feature of Google Analytics to help us enhance your user experience. User-ID lets us associate a persistent ID for you with your engagement data from one or more sessions initiated from one or more devices. This ability to connect your contacts with us into a single thread also provides us with a more unified, holistic story about your relationship with our business. We will use information received through our use of User-ID in the manner described above. If you would like to opt-out of our use of this service, you may do so by following the instructions found under “Updating Personal Information” below.

3. Promotional Communications

We may use your personal information to send you updates (by email, text message, telephone or mail) about our products and services, including exclusive offers, promotions or new products or services. By creating an account and providing us with your phone number, you consent to receive recurring automated promotional and personalized marketing text messages from Snap Kitchen at the number provided (for example, cart reminders), including messages sent by autodialer. Consent to receipt of such messages is not a condition of any purchase. Message frequency varies, and you may reply “Help” for help, or “Stop” to cancel the messages. Message and data rates may apply.

We have a legitimate interest in processing your personal information for promotional purposes (see above “How We Use Your Information”). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

You have the right to opt out of receiving promotional communications at any time by:

• Contacting us at the email, address, or phone number listed in Section 13;

• Using the “unsubscribe” link in emails or “STOP” number in texts; or

• [updating your marketing preferences on the Site.]¹

We may ask you to confirm or update your marketing preferences if there are changes in the law, regulation, or the structure of our business.

4. Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our affiliates, in which case we will require our affiliates to honor this privacy policy;

• To a buyer or other successor in the event of 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 about the Site users is among the assets transferred;

• Other third parties we use to help us run our business, such as marketing agencies or website hosts;

• Social media sites you choose to link your account to or third-party payment providers;

• With certain business partners to provide requested services that we do not provide directly;

• To fulfill the purpose for which you provide it; and

• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request;

• To enforce or apply our Terms & Conditions, which are located at https://www.delivery.snapkitchen.com/terms/; and

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers or others.

In the preceding twelve (12) months, Company has not disclosed or sold personal information.

5. Privacy of Mobile Applications

With respect to your use of the mobile application portion of our Site (the “App”), the App may include functionality to allow you to create a shopping list, search or add products to a favorites list, check price or product availability, print coupons and engage in a wide variety of other activities and services. In addition, the App may collect certain information automatically, such as the type of mobile device you use, the temporary or persistent unique device identifiers (sometimes called UDID) placed by us or our service providers, the unique identifier assigned by us to your device, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the App.

Additionally, the App collects precise information about the location of your device. You must first provide permission through your device before our App obtains such location information from technologies like GPS, Wi-Fi, or cell tower proximity (or a combination of these technologies). We, and our service providers, may use and store this information, in combination with other location-based information such as the IP address and billing or postal code provided by you at time of your App registration, to provide enhanced location based services, such as store specific services, search results, and other content. You can stop all collection of information by the App easily by uninstalling the App. Also, you may at any time opt-out from further allowing us to have access to your location data by adjusting the permissions in your mobile device.

6. Our Use of Tracking Technologies

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Site.

• Flash Cookies. Certain features of the Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Site. Flash cookies are not managed by the same browser settings as are used for browser cookies.

• Web Beacons. Pages of the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

When you visit the Site, we may place one or more cookies in your browser. These are required to enable to hold session information as you navigate from page to page within the Site. In addition, we use cookies on the Site to understand visitor and user preferences, improve their experience, and track and analyze usage, navigational and other statistical information.

Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of the Site.

7. Our Retention of Your Information

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted, whether by law or otherwise (for example, to respond to any questions, complaints, or claims made by you or on your behalf, or for tax, accounting or other legal requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

8. Our Protection of Your Information

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and as such, transmission of personal information to and from the Site is at your own risk. You should only access the Site within a secure environment.

9. Children

Parents should always supervise their children while online. The Site is not designed or intended to collect personal information from children under the age of thirteen. So that we may comply with the Children’s Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on the Site. If a child under the age of thirteen has provided us with personal information, we ask that a parent or guardian contact us at the email address provided below.

10. Updating Personal Information

Based on the laws of some jurisdictions, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please contact us at the email address provided below. We will respond to your request within 30 days.

Upon your request to delete information we have stored about you, we will delete your information. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms & Conditions, and/or comply with legal requirements.

11. Do Not Track Features

Most web browsers and some mobile operating systems and mobile applications include a DoNotTrack (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy policy

12. Notices for California Residents

This Section 12 applies to applies to all visitors, users, and others who reside in the State of California and is adopted to comply with the CCPA. This Section does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals.

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

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 verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights below), we will disclose to you:

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 (see Exercising Access, Data Portability, and Deletion Rights below), 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 provider(s) to:

• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;

• 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, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you;

• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.);

• Debug to identify and repair errors that impair existing intended functionality;

• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;

• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;

• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;

• Comply with a legal obligation; or

• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

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 us by either:

Only you, or someone legally authorized 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. To designate an authorized agent please e-mail us at the email address provided below and provide your name and phone number as well as the authorized agents’ name and contact information (phone number or email address) and let us know what the scope of the authorized agents’ rights are to act on your behalf. If your authorized agent requests sensitive information about you then we may ask you to provide us with a sworn declaration to further verify your identity.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

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 attempt to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.

If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

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 unreasonable. 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.

Non-Discrimination

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

“Shine the Light” Law

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request, including your full name, email address and postal address, to us in writing to at: snapcare@snapkitchen.com, or by mail to California Privacy Information c/o Snap Kitchen Investments, LLC, 9330 United Drive, Suite 100, Austin, Texas 78758.

Opt-Out

You have the right under the CCPA and certain other privacy and data protection laws, as applicable, to opt-out of the sale or disclosure of your personal information. If you exercise your right to opt-out of the sale or disclosure of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. To opt out of the sale or disclosure of your personal information, contact us in writing at: snapcare@snapkitchen.com or by mail to California Privacy Information c/o Snap Kitchen Investments, LLC, 9330 United Drive, Suite 100, Austin, Texas 78758.

In addition, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210 or by email to dca@dca.ca.gov.

Please note that you may only make a CCPA-related data access or portability disclosure request twice within a 12-month period.

13. Contacting Us

If you have questions regarding this privacy policy or wish to obtain additional information or exercise any of your rights as described in this Privacy Policy, please send an e-mail to our Data Protection Officer at snapcare@snapkitchen.com , send mail to us at PO Box 28907, Austin, TX 78755 or call us at (844) 376-2779.

If you choose to contact us in one of the foregoing manners, you will need to provide us with: (1) enough information to identify you (e.g., your full name, address, and customer or order reference number), (2) proof of your identity and address (e.g., a copy of your driver’s license or passport and a recent utility or credit card bill), and (3) a description of what right you want to exercise and the information to which your request relates. We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf. Any personal information we collect from you to verify your identity in connection with you request will be used solely for the purposes of verification.

Last updated: June 29th, 2023