Last Updated: 02/10/2023
1. DATA COLLECTION
We collect certain information about you when you access or usethe Services. This information (“Personal Information”) may personally identifyyou or have the potential to personally identify you. This section describesthe Personal Information we collect and the sources of that information.
Information We Collect
- Identifiers: We may collect your full name, phone number, age, IP Address, device ID, hardware identifiers, or other similar identifiers. We may also collect any other Personal Information that you provide to us, such as language preference.
- Internet or Other Electronic Network Activity Information: We may collect information regarding your interaction with the Services, including time and geolocation data. We may also collect information automatically from your device, such as device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, and add-ons.
- Geolocation Data: We may collect your physical location or infer your physical location based on your IP address, order history, or other network or voluntarily-provided information.
- Commercial Information: We may collect information about the products or services you have purchased, obtained, or considered from third party service providers, including restaurants, hotels, and large venues (collectively, “Venues”), including your order history and feedback ratings.
- Payment Information: In order to allow a Venue to process your order or sell products or services to you, we collect credit card information or other payment information.
Information We Do Not Collect
- When you use or access the Services, we do not collect sensitive personal information or “special-category data,” such as information about your racial or ethnic origin, religion, gender, or medical conditions. We also do not collect sensitive identifiers, such as social security numbers or passport numbers.
- We do not knowingly or intentionally collect Personal Information from children under the age of 13. If we discover that we have collected information about a child, we delete the information as soon as possible.
You may refuse to provide, or request that we delete, certaincategories of Personal Information we have about you. However, if ourcollection of the Personal Information is necessary for you to access or usethe Services, we may be unable to provide the Services to you.
Information We Do Not Collect
- You provide some Personal Information to us directly. For example, you provide Identifiers, such as a phone number, when you register for an account. You also need to provide Identifiers such as an email address or full name if you contact us.
- Your device provides some Personal Information to us automatically. For example, when you scan a QR code at a venue, your device transmits geolocation information.
- Third parties or public sources may provide us with certain Personal Information. For example, we may collect Personal Information from publicly accessible social media profiles and posts, private third parties, law enforcement, or public sources, to the extent we deem it necessary to do so for the purposes described in the Data Uses section below.
- We may generate information about you based on our relationship with you, such as which Venues you have patronized or which items you have purchased.
2. DATA USES
This section describes the legal bases and the purposes forwhich we process your Personal Information. We process your PersonalInformation:
- For legitimate business interests which outweigh the general privacy rights of individual data subjects. This includes but is not limited to analyzing and improving our Services and business operations; ensuring the security and availability of the Services; analyzing your preferences and order history; and monitoring use of the Services to prevent fraud or abuse.
- To comply with a legal obligation or requirement. We use and process your Personal Information when we believe doing so is necessary to comply with laws and regulations, pursuant to a judicial authorization, or to exercise or defend our legal rights or those of a third party.
- With your consent. We process your Personal Information to send you marketing communications that you requested or to which you affirmatively subscribed, or to respond to inquiries and questions that you initiated.
If we need to process your Personal Information for a purposeother than that for which the information was initially collected, we willprovide you with information about that other purpose before we further processyour Personal Information.
3. DATA SHARING AND DISCLOSURE
We may share your Personal Information with third parties:
- With your consent. We share your Personal Information if you affirmatively consent to it. When you place an order using the Services, you consent to us sharing your information with the Venue who will fulfill your order. If we are legally obligated to obtain your consent prior to sharing your Personal Information, we notify you of the specific purpose for which we are obtaining your consent, and we do not share beyond that purpose without notifying you of and obtaining additional consent for further disclosure.
- For legal disclosure. We may share your information with third parties when we reasonably believe disclosure is required or permitted in order to comply with a subpoena, court order or other applicable law, regulation or legal process.
- To protect us or others. We may share your information to the extent we believe that sharing such information is necessary to protect the rights, property, or safety of us, our products or services, our customers, or others.
- As aggregate information. We may share certain aggregated, non-personally identifying information internally or with others for purposes of research, reporting, and benchmarking.
- As a result of merger or sale of our business. We may share Personal Information if we are involved in a merger, sale, financing, liquidation, bankruptcy or acquisition of corporate entities or business units.
Kontactless does not sell or share your Personal Informationwith third parties for their direct marketing unless we have obtained yourprior consent.
4. DATA ACCESS AND CONTROL
You may access, update, alter, or delete certain PersonalInformation we have about you by contacting us using the information providedin the “Contact Information” section below.
5. DATA NOT TRACK
Certain state laws require us to indicate whether we honor “DoNot Track” settings in your browser. At present, there is no industry standardfor recognizing Do Not Track browser signals, so we do not respond to them.
6. DATA RETENTION
7. DATA SECURITY
While no online service is 100% secure, we use reasonablesecurity measures to prevent the unauthorized access, use, alteration, ordestruction of your Personal Information. We monitor our Services for potentialvulnerabilities and attacks, and we use a variety of security technologies andorganizational procedures to help protect your Personal Information. We alsolimit access to your Personal Information to those personnel with a need toknow in order to perform services for us.
8. THIRD PARTY LINKS
9. CALIFORNIA PRIVACY RIGHTSNOTICE
This California Privacy Rights Notice (“Notice”) applies only toindividuals residing in the State of California who are considered “consumers”and from whom we collect “personal information” as those terms are defined inthe California Consumer Privacy Act of 2018 (CCPA). We will update this Noticeat least once every twelve (12) months to reflect changes in our business,legal or regulatory obligations, so please check this Notice periodically forchanges.
How We Collect, Use, and Disclose Your Data
We collect the categories of Personal Information listed in the“Information We Collect” section above. We use the information for the businessor commercial purposes specified in the “Data Uses” section above. We discloseyour information to the categories of third parties listed in the “Data Sharingand Disclosure” section above.
Your CCPA Rights and Choices
California consumers have the following rights regarding our useand disclosure of your personal information, subject to certain limitations inthe CCPA:
1. The right to know. You may request, up to twice in a 12-monthperiod, the following information about the personal information we havecollected about you during the past 12 months:
- the categories and specific pieces of personal information we have collected about you;
- the categories of sources from which we collected the personal information;
- the business or commercial purpose for which we collected the personal information;
- the categories of third parties with whom we shared the personal information; and
- the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose.
2. The right to delete. You may request that we delete the personalinformation we have collected about you, subject to certain limitations underapplicable law.
3. The right to opt-out from a sale. You may request to opt out ofany “sale” of your personal information.
4. The right to non-discrimination. The CCPA prohibitsdiscrimination against you for exercising any of these rights.
You may exercise any of the rights above by submitting a requestusing the Contact Information provided below. We may need to verify youridentity before responding to your request, such as by requestinggovernment-issued identification or confirming your full name, email address oraccount access.
10. CONTACT INFORMATION
Gaben LLC dba Kallpod LLC
Phone: (866) 491-1466
Address: 5225 Wilshire Blvd, Suite 800, Los Angeles, CA 90036