Zesty, Inc.

Online Privacy Policy

This Privacy Policy was last modified on November 3, 2013.

Zesty, Inc. (“Zesty,” “we,” or “us”) are committed to protecting your privacy. This Privacy Policy explains our practices regarding the collection, use, disclosure, and protection of information that is collected through our mobile app, website and restaurant delivery service (collectively, our “Service”), as well as your choices regarding the collection and use of information.

Capitalized terms that are not defined in this Privacy Policy have the meaning given them in our Terms of Use.

Click on the links below to jump to each section:

  1. How We Collect and Use Information
  2. Sharing of Your Information
  3. How We Protect Your Information
  4. Your Choices About Your Information
  5. Children’s Privacy
  6. Links to Other Websites and Services
  7. Changes to Our Privacy Policy
  8. Your California Privacy Rights
  9. Contact Us

1. How We Collect and Use Information

We collect the following types of information about you:

Information we collect from you directly:

  • Registration Information. We may ask for certain information such as your username, first and last name, email addresses, billing information (including credit card numbers and billing address), delivery address, special delivery instructions (such as entry codes), order history, telephone numbers, home, business, and/or billing postal addresses, and email contacts when you register for an account or use our Service.
  • Messages and User Content. We may also retain any messages you send to us and may collect information you provide when you post reviews or comments on our website. For more information on our practices with respect to User Content that you may post to the Service, please visit our Terms of Use.
  • Friend Referrals. If you invite a friend to use our Service, we will collect that person’s email address to send an email invitation to the invitee. We store this information to send the invitation and to track the success of our invitation service. Unless the invitee becomes a registered user of the Service, we do not use the invitee’s email address for marketing purposes, and we do not share the invitee’s email address with third parties other than our service providers. The invitee may contact us at any time to request that we remove his or her information from our database at support@zesty.com.

We use this information to operate, maintain, and provide to you the features and functionality of the Service and to communicate directly with you. From time to time, we may send you emails containing newsletters, promotions, and special offers. If you do not want to receive such email messages, you will be given the option to opt-out or change your preferences. We also use your information to send you Service-related emails (e.g., account verification, order confirmations and tracking information, change or updates to features of the Service, technical and security notices). You may not opt-out of Service-related e-mails.

Information we receive about you from others:

  • Social Media. When you interact with our site through various social media, such as when you Like us on Facebook or post a review to our Facebook page, we may receive information from the social network such as your profile information, profile picture, gender, user name, user ID associated with your social media account, age range, language, country, friends list, and any other information you permit the social network to share with third parties. The data we receive is dependent upon your privacy settings with the social network. You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to Zesty’s website or Service.
  • Service Partners. We may collect personal information about you from the restaurants and delivery services we partner with to delivery our Services (our “Restaurant Partners” and “Delivery Partners,” respectively).
  • Data Providers. We may also collect information about you from third-party organizations or data brokers, such as contact details, marketing or demographic information, or Internet navigation details, credit reference or fraud prevention information, or updated payment information. This data may be combined with data we collect from you directly.

We use this information to operate and maintain the Service and to improve our understanding of our customers in order to enhance our Service offerings and the service offerings of our restaurant and delivery partners.

Information we collect automatically through the use of technology: When you visit our website or mobile app (or when you utilize our Services) we and our business partners may collect certain information about your computer or device through technology such as cookies, web beacons, log files, or other tracking/recording tools. The information we collect through the use of tracking technologies includes, but is not limited to, IP address, browser information, referring/exit pages and URLs, click stream data and how you interact with links on the website, mobile app, or Service, domain names, landing pages, page views, cookie data that allows us to uniquely identify your browser, browsing behavior on our site as well as on other sites throughout the Internet, mobile device IDs or other persistent identifiers, and location data collected from your mobile device. Some or all of this data may be combined with other personally identifying information described above. We use this information to:

  • Remember information so that you will not have to re-enter it during your visit or the next time you visit the site or mobile app
  • Provide custom, personalized content and information, including targeted advertising
  • Monitor the effectiveness of our Service and our marketing campaigns
  • Monitor aggregate metrics such as total number of visitors, users, traffic, and demographic patterns
  • Diagnose or fix technology problems reported by our Users or engineers that are associated with certain IP addresses or User IDs
  • Serve Online Advertising (please see below) to your browser or device, and
  • Automatically update our mobile application on your system and related devices.

You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled. To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org.

2. Sharing of Your Information

Personal Information: We will not rent or sell your personal information to third parties outside the Company and its controlled subsidiaries and affiliates without your consent, except as noted below:

  • We share your personal information, including name, delivery address and billing information, with our Restaurant and Delivery Partners as needed to deliver our Services to you. We request that these partners take reasonable steps to safeguard your personal information, and to refrain from sharing your personal information with other third parties except those which require the data to perform the Services.
  • We may share your personal information, including order histories, demographic or otherwise detailed information we obtain through third party data providers, to our Restaurant partners to provide customer analysis and profile information, and to them understand and improve their service offerings.
  • We may share your personal information with our third-party business partners, vendors and consultants who perform services on our behalf, such as accounting, managerial, technical, marketing or analytic services. These business partners will be given as limited access to your information as is reasonably necessary to deliver the Service under reasonable confidentiality terms.
  • With your consent, we may share your registration information with third parties who may use your information to market products and services which may be of interest to you.
  • Any information or content that you voluntarily post to the website will automatically be available to the public. We may publicly post your Reviews and comments online on our website or mobile app, or link your reviews to third party websites.
  • We may aggregate or otherwise strip data of all personally identifying characteristics of our data and may share that aggregated, anonymized data with third parties.
  • We may at any time buy or sell/divest the company, or any combination of its products, services, assets and/or businesses. Personal information such as customer names and email addresses, and other user information related to the Service will likely be one of the items transferred in these types of transactions. We may also transfer or assign such information in the course of corporate divestitures, mergers, acquisitions, bankruptcies, dissolutions or similar transactions or proceedings.
  • We may disclose personal information where required to do so by law or subpoena or if we reasonably believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce our Terms of Use, take precautions against liability, to investigate and defend ourselves against any claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our site; and/or (c) to exercise or protect the rights, property, or personal safety of Zesty, Inc., our Users or others.

Online Advertising: We and our third-party advertisers may collect information about your online behavior through tracking technology on our website and other websites on the Internet to deliver online advertisements (“ads”) that may be of interest to you. These third-party ad servers or ad networks use technology to send, directly to your browser or mobile device, the ads and ad links that appear on the Service. These ad-servers and ad-networks automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, device identifiers, location data, and clear gifs, see above) to compile information about your browser’s or device’s visits and usage patterns on the Service, to measure the effectiveness of their ads and to personalize the advertising content. We do not sell, rent, or share your personally identifiable information with these third-party ad servers or ad networks for such parties’ own marketing purposes. If you would like more information about this practice or to opt-out of the ad networks which are part of the Network Advertising Initiative, please visit http://www.networkadvertising.org/understanding-online-advertising/what-are-my-options. This Privacy Policy does not apply to, and we cannot control the activities of, third-party advertisers. Please consult the respective privacy policies of such advertisers or contact such advertisers for more information.

3. How We Protect Your Information

Zesty cares about the security of your information and uses commercially reasonable safeguards to preserve the integrity and security of all information we collect and that we share with our service providers. However, no security system is impenetrable. We cannot guarantee the security of our systems, nor can we guarantee that information that users supply will not misused by our third party partners. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

4. Your Choices About Your Information

You may, of course, decline to submit any personal information through the Service, in which case Zesty may not be able to provide certain services to you.

Modifying Your Account Information and Settings: You may update your account information and email-communication preferences at any time by logging in to your account and visiting the "Settings" page. You can also stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. As noted above, you may not opt out of Service-related communications (e.g., order and billing confirmations, order tracking, changes/updates to features of the Service, technical and security notices). If you have any questions about reviewing or modifying your account information, you can contact us directly at support@zesty.com.

Opting Out of Collection of Tracking Data and Online Advertising: The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser. Please refer to your browser’s technical information for instructions on how to delete and disable cookies, and other tracking/recording tools. (To learn more about cookies, clear gifs/web beacons and related technologies, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org.) Depending on your mobile device, you may not be able to control tracking technologies through browser settings.

Note that disabling cookies on your browser prevents Zesty or our business partners from tracking your browser’s activities in relation to the Service, and for use in targeted online advertising. However, doing so may disable many of the features available through the Service.

If you would like to learn more about the collection of data through tracking technology for online advertising purposes or to opt-out of tracking from the networks who belong to the Network Advertising Initiative, please visit www.networkadvertising.org.

5. Children’s Privacy

Company does not knowingly collect or solicit personal information from children under the age of 13. If you believe that we might have inadvertently collected information from a child under 13, please contact us at support@zesty.com.

6. Links to Other Web Sites and Services

We are not responsible for the practices employed by websites or services linked to or from the Service, nor the information or content contained therein. Please remember that when you use a link to go from the Service to another website, our Privacy Policy does not apply to third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. Please read over those rules and policies before proceeding.

7. Changes to Our Privacy Policy

Zesty may, in its sole discretion, modify or update this Privacy Policy from time to time, and so you should review this page periodically. When we change the policy, we will update the 'last modified’ date at the top of this page. If there are material changes to this Privacy Policy or in how Zesty will use your personal information, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification.

8. Your California Privacy Rights

Zesty collects various types of personal information about you both online and offline, as described in this privacy policy. Under California law, Zesty customers who are residents of California may request certain information about our disclosure of personal information during the prior calendar year to third parties for their direct marketing purposes. To make such a request, please write to us at the following address:

Zesty, Inc.
277 Carolina St,
San Francisco, CA 94103
Tel: (800) HEY-ZESTY
Fax: (530) 762-1625

Alternatively, you may send us an email at support@zesty.com with the words "California Privacy Rights" in the subject line.

9. How to Contact Us

If you have any questions about this Privacy Policy or the Service, please contact us at support@zesty.com.

Zesty, Inc.
277 Carolina St,
San Francisco, CA 94103
Tel: (800) HEY-ZESTY
Fax: (530) 762-1625
Email: support@zesty.com