FOODMatch

Website Privacy Policy

Effective Date

This Privacy Policy is effective as of June, 2018.

FOODMatch, Inc. (“FOODMatch”, "we," "us" or "our") is committed to protecting our users’ information and to making our users aware of our online practices regarding the collection and privacy of their information.

Our products, services and our website located at www.FOODMatch.com (the “Site”) are not intended for individuals for their personal use. Your use of our Sites and our products and services are governed by our Terms of Use (https://foodmatch.com/about/terms-conditions), this Privacy Policy and, where applicable, your company’s contract and/or purchase order placed with, FOODMatch. You should familiarize yourself with the terms of your company’s agreement with FOODMatch.

Any user that accesses all or any part of the Site agrees that use of the Site constitutes acceptance of this Privacy Policy and our Terms and Conditions for the Site.

Changes to this Policy.

Each time a user accesses the Site, the Privacy Policy and the Terms and Conditions should be reviewed because FOODMatch reserves the right to change them from time to time. If we change this Policy, we will post a notice to the Site regarding the subject changes. Your continued use of the Site after such changes have been made constitutes your acceptance of such changes.

Binding Agreement; Use Prohibited by Users Under 18 If you do not agree to be bound by this Privacy Policy and the Terms and Conditions you should not access or view this Site. In addition, this Site is intended only for users that are at least 18 years old and by accessing this Site, you represent and warrant that you are at least 18 years old. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY AND THE TERMS AND CONDITIONS PLEASE DO NOT USE THIS SITE.

This Privacy Policy explains: (1) What Personal Data and other information we collect; (2) How we use the Personal Data and other information; (3) How we share the Personal Data and other information; and (4) Your choices regarding our use of your Personal Data and other information.

Information Collected from the Site

Active Collection of Personal Data

Personal Data is information that identifies you or can be used to identify or contact you, e.g., your name, email address, mailing address, or phone number. We encourage you to only provide your business contact information, and wherever possible, to only interact with us through your business-issued devices. We collect and process Personal Data in order to provide requested information, provide products or services to you and/or your company pursuant to a purchase order or other contractual undertaking, and/or because we are legally required to do so.

Personal Data may be requested from you when you sign up to receive emails, newsletters or contact us with questions. Your information helps us to better respond to your individual interests and needs.

Passive Information Collection; Cookies

Visitors to our Site can access the Site’s home page and browse the Site without disclosing any Personal Data. However, when you visit or interact with our Site and services, we may also use cookies and other types of web technologies to collect technical and usage information such as browsing history, domain name, Internet Protocol (IP) address, browser type, date and time of each visit, and pages that your web browser has visited. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the sites or service provider’s systems to recognize your browser and capture and remember certain information in order to collect technical and usage information such as browsing history, domain name, IP address, browser type, date and time of each visit, the pages you visit, and other technical and usage information.

We use cookies to understand and save your preferences for future visits and to compile aggregate data about Website traffic and Website and services interaction so that we can offer better Website and services experiences and tools in the future.

Most web browsers permit you to set your web browser to block or delete all cookies, including cookies associated with our services, or to indicate when a cookie is being set by us. However, it’s important to remember that our Website and services may not function properly if you set your browser to reject cookies.

Google Analytics

We use Google Analytics to enhance navigation and functionality of the Site, and to let us know how users are using the Site, so that we can make Site improvements, where necessary. Google Analytics collects only the IP address assigned to you on the date you visit our Website, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with Personal Data.

You may prevent Google Analytics from collecting information by installing the Google Analytics opt-out browser add-on. This add-on instructs the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) running on websites to prohibit sending information to Google Analytics. To opt-out of analytics for the Site, visit the Google Analytics opt-out page and install the add-on for your browser at: https://tools.google.com/dlpage/gaoptout.

How the Information We Collect from You is Used

We may use the information you give us to provide service your or your company’s orders placed with us, to complete or enforce these contracts. We may also use your information to provide newsletters for which you have subscribed. You can unsubscribe from receiving these newsletters at any time by clicking the “unsubscribe” link in the email or by sending an email to .(JavaScript must be enabled to view this email address) with the subject “Unsubscribe”. We will, however, retain your information as it relates to our business transactions with you and your company, and to fulfill and/or enforce those agreements.

Specifically, we use your personal information for legitimate business purposes, including the following:

Fulfillment of Requests. We may use personal information about you to deliver services or products to you, provide you with information about services or products you or your company may have ordered and/or provide you with customer service or support. We will engage in these activities to manage our contractual relationship with you or your company and/or to comply with a legal obligation. Where you have “opted in” to receive our newsletters, we will use the contact information you have provided to us to send to you these newsletters. You can unsubscribe from receiving these newsletters at any time by clicking the “unsubscribe” link in the email or by sending an email to .(JavaScript must be enabled to view this email address) with the subject “Unsubscribe”. We will, however, retain your information as it relates to our business transactions with you and your company, and to fulfill and/or enforce those agreements.

Other Communications. If your employer is our customer, we may also inform you of such products, programs, and services using personal information about you that your employer provided to us. You should familiarize yourself with the terms of your company’s agreement with FOODMatch.

Other Business Purposes. We may also use personal information about you for other business purposes, such as data analysis (for example, to improve the efficiency of services), providing customer service or support, customizing and improving the content and layout of the Web Site, completing business transactions, development of marketing plans and materials, statistical analysis of user behavior (for example, to understand what parts of the Web Site are of most interest to users), product development, market research, administering individual accounts, and meeting regulatory requirements.

Administrative Communications. We reserve the right to use personal information to send you important information regarding the Site, services, your account status, changes to the Terms of Use or this Privacy Policy, or any other policies, agreements or transactions relevant to your use of the Site and/or services. Because this information may be important to your use of the Site, and/or services, you may not opt-out of receiving such communications. These are not advertisements, but rather information about (e.g.) changes to the Terms of Use or Privacy Policy, changes to contact information, or new choices for you to consider. We will engage in this activity to manage our contractual relationship with you and/or your company and/or to comply with a legal obligation.

How We Share Information

Our policy is to not sell, trade, disclose, share, or otherwise transfer to outside parties your Personal Data unless you give us your consent or direct us to do so. However, we may share your Personal Data with third parties who assist us in operating our Website and services, conducting our business, and/or or servicing your or your company’s business transactions with us (e.g., marketing, analytics). We may also share your Personal Data when we believe the disclosure is appropriate to comply with the law or legal process, enforce our policies, or protect ours or other’s rights, property, or safety.

Security
FOODMatch takes reasonable precautions to protect Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. We cannot guarantee absolute security.

ALTHOUGH FOODMATCH USES (AND WILL REQUIRE OUR THIRD-PARTY PROVIDERS TO USE) REASONABLE SECURITY PRECAUTIONS WITH RESPECT TO YOUR PERSONAL DATA COLLECTED FROM AND STORED ON OUR SERVERS, FOODMATCH CANNOT GUARANTEE THAT ANY OF YOUR PERSONAL DATA STORED ON OUR SERVERS, OR TRANSMITTED TO OR FROM THE SITE, WILL BE FREE FROM UNAUTHORIZED ACCESS.

Minors – Persons under the age of 18
FOODMatch‘s Site does not knowingly solicit or collect Personal Data from minors. If FOODMatch learns that a minor has submitted Personal Data to us, in contravention of these measures, it will take all reasonable measures to delete such information from its databases and to not use such information for any purpose (except where necessary to protect the safety of the minor or others as required by law).

Choices Re: Personal Data

We give you choices regarding our use and disclosure of your Personal Data for our newsletters and related marketing purposes. When you opt-in to receive our newsletters (https://foodmatch.com), you will be asked to confirm your agreement to receive those newsletters, and that you agree to our collection and retention of your Personal Data to deliver to you those newsletters in accordance with this Privacy Policy.

Opt-Out
After you have opted in to receive our newsletters, at any time you may choose to opt out of any distributions from FOODMatch to you, or, if at any time should you wish for us to no longer communicate with you, or wish to have us delete or destroy any names, email addresses, content or communications you send to us, you may click the “unsubscribe” button located in the email, send an email with “Unsubscribe” as the subject to [email protected] or send by certified mail, a written opt out election to the attention of: Rada Charussilapa, Compliance/Food Safety Coordinator, FOODMatch, Inc., 575 8th Avenue, 23rd Floor, New York, NY 10018. Subject to the following sentence, If a Site user makes this election, all of the Site user’s Personal Data will be removed from FOODMatch’s servers permanently, and he/she may no longer be able to use the Site. However, we will retain your information as it relates to our contractual relationship and our orders for you and your company, to fulfill and enforce those agreements, and for other lawful purposes. Please also note that if you choose not to receive marketing-related messages from us, we may still send you important administrative messages, and you cannot elect to stop receiving such administrative messages, unless you choose to stop receiving services from us.

You may also indicate your choices regarding marketing-related emails by contacting us via regular mail using the “Contact Information for FOODMatch” below, or if you have a Website profile/account, by changing your preferences on your Website profile/account at any time.

How You Can Access, Change or Suppress Your Personal Data
If you would like to request to review, correct, update, suppress, delete or otherwise limit our use of your Personal Data that has been previously provided to us, or if you would like to request to receive an electronic copy of your Personal Data for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may make a request by contacting Rada Charussilapa, Compliance/Food Safety Coordinator at: .(JavaScript must be enabled to view this email address), by calling her at: 212-239-6923 or by writing to her at: FOODMatch, Inc., 575 8th Avenue, 23rd Floor, New York, NY 10018. We will respond to your request consistent with applicable law. For your protection, we may only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting the change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed.

How Long We Keep Your Personal Data
We retain the Personal Data you provide to us as long as is reasonably necessary in connection with our business operations and your use of the Site, or for us to provide other services in connection with the Site, to fulfill and/or enforce our rights under our transactions with you and your company, and for other lawful purposes (e.g. for tax purposes).

Distribution/Onward Transfer to Third Parties of Personal Data
External distribution does not include certain limited distributions such as sharing Personal Data with a third party working on behalf of FOODMatch, the transfer of Personal Data in connection with the sale of FOODMatch’s assets or the merger or acquisition of FOODMatch or the disclosure of Personal Data in connection with legal proceedings, investigations of crimes, or other governmental investigations. Transferring Personal Data in connection with a sale, merger or acquisition and sharing Personal Data with an entity or person working on behalf of FOODMatch is considered an onward transfer to third parties and is permitted under this policy. Even if you opt out from receiving marketing materials, your information may nevertheless be provided pursuant to an onward transfer as part of our business transaction records.

Additional Disclosures
You also acknowledge and agree that FOODMatch may preserve or disclose any Personal Data if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (b) enforce the Privacy Policy and Terms and Conditions of the Site; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property or personal safety of FOODMatch, its officers, other Site users and the public.

California Residents – Your Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of Personal Data that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of Personal Data that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. FOODMatch does not disclose your Personal Data to third parties for direct marketing purposes.

Third Party Websites; Links
The Site may provide links to web sites of third parties. FOODMatch is not responsible or liable for the privacy practices of these other web sites. ANY WEB SITES LINKED FROM OUR SITE ARE NOT SUBJECT TO THIS PRIVACY POLICY. YOU ARE RESPONSIBLE FOR REVIEWING THE PRIVACY POLICIES OF ANY LINKED WEB SITES TO DETERMINE HOW YOUR PERSONAL DATA WILL BE COLLECTED, UTILIZED, AND PROTECTED BY SUCH WEB SITES. WE ARE NOT RESPONSIBLE FOR ANY CONTENT, FEATURES, OR ACTIVITIES OF ANY LINKED WEB SITES (INCLUDING THEIR PRIVACY PRACTICES), AND FOODMATCH DISCLAIMS ANY AND ALL RESPONSIBILITY AND/OR LIABILITY FOR THE CONTENTS, FEATURES, AND ACTIVITIES, AND THE COLLECTION AND USE OF PERSONAL DATA BY SUCH WEB SITES.

Governing Law and Venue
By accessing the Site, you agree that all disputes and claims with respect to privacy are subject to this Privacy Policy and the Terms and Conditions of the Site. To the fullest extent allowed by law, any claim arising out of or relating to this Privacy Policy or the privacy of a Site users’ information shall be governed by the laws of the State of New York, U.S.A, without giving effect to any conflicts of laws provisions, except that all claims with respect to copyrights and patents shall be governed by United States federal laws. To the fullest extent permitted by law, you acknowledge and agree that in the event of any dispute or claim with respect to this Privacy Policy or any privacy issues, the sole and exclusive jurisdiction and venue for resolving all claims and disputes is in the Borough of Manhattan in the City of New York in the State of New York, U.S.A., and you waive any defenses of inconvenient forum or lack of personal jurisdiction.

General
If any provision of this Privacy Policy is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. FOODMatch’s failure to enforce any right or provision shall not be deemed a waiver of such right or provision. Headings are for convenience only and should not be given any interpretative effect.

Contact Information
If there are any questions regarding this Privacy Policy or how we process your information, you may contact FOODMatch, Inc. at 575 8th Avenue, 23rd Floor, New York, NY 10018. All questions regarding the Site or this Privacy Policy shall be directed to Rada Charussilapa, Compliance/Food Safety Coordinator by email at: .(JavaScript must be enabled to view this email address), by calling her at: 212-239-6923 or by writing to her at: Mosaic Brands of New York, LLC, 575 8th Avenue, 23rd Floor, New York, NY 10018.